This law doesn't make sense. Who is pushing to keep it in the books? It was not the intention of the law to remove all accountability from the police to start with. Please, do the right thing.
3
As a retired police lieutenant (NYPD), this "cowboy" cop needs to be fired. He gives the entire department a bad name and makes it more difficult for officers to maintain a relationship with the community. The police commissioner needs to do the right thing.
47
@Jerry I doubt you were ever a cop. If this "cop" was so bad he would have been indicted by the feds. Obviously all the evidence indicates he acted properly. He is still getting a paycheck for a reason.
2
@Donald
Why do you have such a blind faith in the system when case after case show that the system is broken?
7
I'm no expert but my father was a cop and I have studied the kind of Combatives training that the police use. Having watched the video of Eric Garner's murder innumerable times I am convinced beyond any doubt that whatever technique Officer Pantaleo started with, it quickly evolved into a rear naked choke which is a killing technique. It's not even a borderline close call.
I think about each case that is emblematic of BLM separately. I don't immediately jump to the position that the cops are wrong, but in this case it is startlingly clear that the officer used excessive force and murdered Eric Garner.
79
@Ted Yup. What's also patently clear to me from watching the Garner video... and esp for those of us with a modicum of emotional intelligence...crowd psychology, etc....
It's crystal clear to me that...at a certain point...the cops and undercover detectives surrounding Garner pretty much 'know' he's dead, or very likely dead. Yet they also understand there is a crowd of people around them...a crowd who are on pins and needles...not sure yet quite how to react...not yet quite sure of what's going on in that tight inner circle... and also likely afraid that they too might be the next one slammed to the ground by the police for 'interfering'....for 'making a furtive movement' etc.
So the cops, in each of their minds, are thinking 'hmmm...he's probably dead...but we can't let on...we have to try and block the crowd's view...let them think the guy (Garner) is just complying and being quiet...we can't let the crowd think he may be dead...cuz then there might be a riot...'
So they all play their roles perfectly, waiting for an ambulance to 'take care' of a person whom they already know is likely deceased.
It's so easy for Americans to point at other countries...Venezuela...Mexico...Iran...China... as mistreating citizens...of having corrupt police... But then, no one likes to take a good hard look into their own mirror. For that would be too painful.
35
@michjas.
"Excessive force is not enough. It must be combined with an intent to murder absent reasonable fear."
What you say may be true (I believe the law is more complicated than that, at least in New York) but in this particular case the police had no reason to be fearful for their lives. And once Garner declared that he couldn't breathe, his death was a foreseeable consequence of Pantello's failure to release his choke hold.
12
@michjas
Really? What about manslaughter and negligent manslaughter? Everyone else is accountable if their bad actions cause someone else's death. Why do we have to prove beyond any reasonable doubt that a police officer intended in HIS mind to murder someone. Isn't the fact that they killed someone while using unnecessary force without any reason to do so enough to make them accountable?
9
The police are our enemy and don't you ever forget it.
4
Not like anyone posting on here cares, but the issue I have with releasing these records is that most of the complaints are frivolous and/or just outright lies.
Police are invariably dealing with criminals, habitual liars with a victim mentality and nothing to lose. They have every incentive to fabricate a complaint and they do...all of the time.
The public could be easily misled when it sees 10 complaints against an officer, not understanding the frequent and willful baselessness of the accusations.
5
@Mark
Please, read the article. They are not asking for every unsubstantiated complaint to be made public, they are asking for a measure of accountability, and being able to access records for people who have already been determined to have substantiated complaints.
2
The rules of society dictate that you MUST comply with what the police tell you to do. You DO NOT have a choice. Don't think it's fair? Then take it to court, you will not convice a street cop of anything, any resistance will be met with force, overwhelming force. Garner? The police received a complaint about him selling cigarettes, supposedly from the store owner where he was standing. They were required to confront him about it, and he resisted. Maybe, just maybe, people should teach their kids not to resist the police, because if it really comes down to it, you will comply, even if they have to kill you. Legally. Instead of teaching your kids to hate the police, maybe they should join the police and change things from the inside.
2
The Comment by Patti O of Florida summed up the whole problem beautifully: "Power without accountability always results in abuse." Not only in our various police departments but right before our eyes in Washington, DC.
3
As a former NYC prosecutor I can assure anyone that reads this that NYC cops lie, cheat and steal just like the perps they arrest. Cop lie on the stand and nothing happens. Cops are disciplined and nothing happens. Cops fudge their paperwork and nothing happens. Cops have bad records on the job and defense attorney's never find out. Why? Because we hold cops up as public deities and honor them with praise. Why? For doing their jobs. Cops have a high rate of suicide, copy have a high rate of domestic violence, cops have a high rate alcoholism and yet they are praised as heroes. Cops are not heroes anymore than teachers are. Nobody told them to become cops. Nobody told them to wear a gun. Nobody told them to seek the best pensions in New York. We must stop treating cops like heroes and understand that they lie, cheat and steal just like everyone else they deal with. No better, no worse.
13
@Mickey
Considering the high rate of domestic violence and alcoholism, and the high number of them who not only are white supremacist, but post racist and violent comments on their Facebook pages (just read an article on WaPo about it), I would say there is a clear justification for the mistrust in the police. I'm not saying at all that all cops are this way, but definitely police departments across the country need to take a good look at themselves and clean up their act.
3
The number of police officers convicted of murder each year consistently averages not much more than 0. Either the system is working and virtually none of the officers are murderers. Or, in the alternative, the system has run amok.
In many cases, like Ferguson, the facts were thoroughly disclosed and still no charges were brought. Many suspect pervasively unfair investigations. And many draw damning conclusions from videos. But few know the applicable law -- which turns on evidence of intent. And few know that the key to conviction is proving what was in the officer's mind, which is net to impossible. If an officer claims that he thought he was in danger, proving otherwise is a very heavy burden.
Publicly disclosing more evidence is unlikely to make much of a difference. The law of intent is weighted heavily in favor of the police. And securing justice depends on reconsidering how intent is defined. Those who want more disclosure are likely headed toward a dead end. Those who challenge the legal standard for proving intent have identified the key issue.
1
The saddest part about this, really, is the lack of comments about this issue. Fewer than 60 since this editorial was posted yesterday.
This might be a case of NYT delaying posts by readers pending review--that's become endemic and is a serious issue that the paper has not well addressed. But the more likely answer, I think, is that not many folks have chosen to speak their mind.
Transparency is the whole key to overcoming police brutality. Without it, those who seek to hold cops accountable can't succeed while cops who take the law into their own hands cannot fail. And yet, as I write this, just 57 people have given their opinion on one of the most important issues facing America.
Folks are quick to scream "Brutality!" in the aftermath of Fergusons which, upon closer review, end up not what they may have seemed in the beginning. They are also quick, and right, to loudly voice opinions on Laquan McDonald, where there can be no question of what was right and what was wrong. Again and again, we scream at injustice, or what we perceive to be injustice. But when it comes to systemic change to prevent future injustices, just 57 people say something.
57 should be the name of a sauce, not the number of folks who think it's wrong for cops to hide wrongdoing in the ranks.
3
After following these many cases of police officers shooting and killing unarmed black men, I have concluded that white politicians. Democrats and Republicans, simply do not care about black people. They care more about retaining the police support for their re-election campaigns. There is no justice for blacks in this country, and white politicians are to blame.
13
Albany and accountability never get along.
3
I've been commenting about this for years: Bust the PBA. Simple. take away their ability to obstruct investigations. Mayor deBlasio has cozied up to the union. His first couple of years in office he had great difficulty with them. Now, it's smooth sailing and The Eric Garner issue with the cop on administrative trial has proven to me that de Blasio used the Garner death for his political benefit with regards to the PBA. I bet he made a deal with the union to get their support that he woul delay, delay, dealy and obstruct any trial, any indictment against the cop involved. His tactic: delay for years and hope to wear out the public's call for justice. He just may have pulled it off, given the ridiculous rulings the judge made in favor of the officer. de blasio will never become President and now is a pariah in the minds of most Nyers. How his African American wife and can still live under the same roof as him? Maybe she sold out too.
7
Seems like a nice home run for the Democrats in power in NY. Just do it. Repeal this damaging law and move on. Get something right. DO YOUR JOB.
And then legalize weed.
Both will benefit the vast majority of citizens living in NY state.
8
Does the job cause the increased suicide rate or does the job attract people with suicidal tendencies. It is a question that needs to be explored.
8
NYPD is a secret society? How about we stop paying them if they are not accountable to their employers.
8
So there were no Department Charges even though Pantaleo used an illegal choke hold? Seems like there should be an investigation of negligence into the NYPD and their failure to report clear violations. And Patoleo had prior violations. Who was on the Grand Jury?
What was the racial composition of the Grand Jury. So now its with the Civilian Complaint Review Board because the Department had nothing to say about Pantaleo's illegal choke hold, and then it goes to Commissioner O'Neill even if the judge finds him guilty? This is unbelievably designed to shield cops from Accountability. Seems like the facts scream for Pantaleo to be fired based on his illegal choke hold, his refusal to respond to Garner's statements he can't breathe which is also Pantoleo's failure to render aid; why did he continue the chokehold after learning Mr. Garner couldn't breathe;seems incompatible for one who is supposed to serve the community to ignore Mr. Garner's pleas; and all this for selling loose cigarettes? Absurdly violent reaction of Pantaleo for something that involved no violence and no victim. Pantaleo must be fired and the law the keeps secret which police are themselves violent and dangerous must be changed. The Black Lives Matter movement came about because Black Lives have not mattered for far too long. A black man is dead because he was trying to make a living in a way that is rigged by tobacco industry. Candy stores used to sell loose cigarettes.
12
Eric Garner’s aggression and non-cooperation dictated that officers use force commensurate with his size and expressed refusal to comply with officers demands. His unfortunate death could not have been foreseen by any officer on the scene. I am grateful we live by the rule of law and not by the dictates of a baying mob egged on by a populist press.
4
@Clyde Greiten
But that's not the point.
If you don't want to live by the dictates of a baying mob egged on by a populist press, then release records showing what happened and open up the internal review process to public scrutiny. Cops act in our names. We deserve openness.
Good cops, and most cops are good, have nothing to fear from openness. Bad cops, different story. It always has amazed me how good cops countenance things like this that would seem to make their own jobs more difficult.
3
@Clyde Greiten The cop used an ILLEGAL choke hold. You say you're for lawful obedience. Really?
3
The police continue to want special laws the separate them and protect them from thoose they paid and sworn to serve.
6
It’s been a long time since a young police officer named Serpico left the police department because his life was in danger from the Blue Wall. It’s been along time since the Knapp report informed the citizens of New York City how horrific our police department was.
Under serveral mayors and the constant drum beat of racism we now have police officers who are allowed to murder and disrespect citizens. There cases just fade into the ether of the police department
Like priest the police officers get over ,move to another zip code to work and just continue to abuse citizens.
Video cameras show the murders but nothing changes. The police get over and the NYC mayor is running for president
We all can not breath and it is just no way to live. Police like technology are to be feared because in an instance they can take your life and technology takes your privacy.
What is left!
7
While the ‘Golden State Killer’ was a serial killer, rapist, burglar and cop, it took many cops across many jurisdictions and one creative D.A.’s investigator to finally identify and arrest him. But it took too many years. Detectives were tenacious but unsuccessful. Not their fault. System was at fault.
In his personnel jacket, there were indications that he wasn’t a good cop and that he was bent.
Had his personnel file been transparent and open to detectives across many jurisdictions, could he have been identified sooner and stopped?
7
As an asthmatic myself I am not too concerned about the illegal use of a chokehold. What I find most disturbing is that, after the chokehold was released, the officer sat on Mr. Garner and restricted his breathing. The officer ignored Garner’s repeated "I can’t breathe!" until his breathing stopped.
This is a homicide and nothing else. It has little to do with the chokehold, and everything to do with an asthmatic being asphyxiated while begging for mercy.
9
"In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him;" U.S. 6th Amendment.
When such witnesses are police, in criminal charges where the state is the plaintiff ('The State v. Smith'), then these witnesses work for the state or its jurisdictions. As such, the defense should have the right to question their credibility, as with other witnesses. Why else have the 'Confrontation Clause?
If the state hides evidence of abusive conduct by individual officers, it denies the defence fair trial and actually raises doubts about all cops, not just the 'bad apples'. If we cannot trust our police, then the 'protective' law fails to protect the majority of citizens and actually only protects the 'bad apples'. Change that law.
7
I do not see how you can compare this event to the others mentioned. NO weapon was utilized. The man was resisting arrest, he was a known violator, he was verbally abusive and he outweighed all the officers present. The officer in question used initiative and properly restrained him so he could be taken into custody without the use of deadly force,a taser or a baton. This would have been a non-national issue if none of the other mentioned events had ever taken place.
1
The fact of the matter is, that unless an officer is involved in a high profile incident, they transfer from department to department with very little trouble. This is because of the expense of training and certifying each officer. This has been going on for decades and there’s no reason it will change anytime soon.
3
If Law Enforcement continues to be allowed to police itself, we will never succeed in erasing existing pockets of pathology in the force. I once thought this would be the aim of our society; now I'm not so sure. Sad.
7
Over the years I have learned that it is never a good idea to trust police to police themselves. Lying and obfuscation and self-protection behind the "Blue Wall" is an ongoing tradition that will never be completely broken. While I respect the difficult work that police officers do, that does not mean I should trust them to be bastions of ethics and truth. Maybe it's because I am a gay man who has borne witness to decades of endemic lying, abuse, brutality and denial of civil rights to gay men that is often silently, even smugly, condoned by courts and legislatures all over America. It is better now, but not by much. It is just better hidden.
12
My view is very simple: while I realize that police officers have a particularly difficult and dangerous job in protecting the community, at the end of the day they are SERVANTS OF THE PEOPLE and there is no reason to keep anything regarding their interactions with the public which they are sworn to serve SECRET. End of story and yes, ladies and gentlemen, it IS that simple.
28
@ManhattanWilliam
Make it public, all of it. Then the police will have to avoid disciplining officers who commit minor mistakes and behaviors that weaken discipline but are not criminal so that defense attorneys cannot present them as bad cops. Then see what happens. The public may have materials to sue, but the police will exercise less control over officers generally.
1
There are national databases of criminals. There are national databases of credit reports. There are national databases of voter registration. There are national databases of drivers. and on and on. Why are there no national databases of police officers, with lists of job transgressions? Problem police can jump from job to job, injuring people along the way, with impunity.
47
@JS
One of the most vicious serial killers in the U.S. was a former cop in California. He was called the Golden State Killer (and rapist and burglar) and his rampage lasted for many years. His police personnel jacket was sequestered. He was not in a centralized database. His file held clues that he was bent and had specific skills relevant to the killings.
The psych profile of the unknown suspect was that 1) he was familiar with investigative police procedures and 2) was probably a skilled cat burglar. He was in fact experienced at investigating burglaries. So he knew how to case residences and gain entry without leaving evidence behind.
If his personnel file had been available and open to Golden State homicide detectives from other jurisdictions, maybe he would have been identified and arrested years earlier, sparing many victims. Maybe not.
Special thanks to the D.A.’s investigator and cops that creatively used a public genealogy DNA database to finally identify and stop him, and bring him to justice.
8
Police officers are at a higher risk of suicide than almost any other identified group. One of the often cited reasons for increased depression and stress is this: "I'm not what they say I am." We treat no other group with such sweeping generalizations and discrimination, nor should we. We cannot discriminate based on gender, race, sexual preference, age, religion, etc., and we should not discriminate based on one's chosen profession. There is a hypocrisy that really needs to be addressed for the greater good. Law enforcement men and women are individuals and should be treated as such, and the way they are too often lumped together is discrimination, plain and simple. We have got to be mindful of the harm we do. These are our brothers and sisters, too. Peace.
4
@Laurel Then you know what? Let's start seeing some cops speaking out against the bad that they witness by other cops. Let the good cops start testifying. Let the good cops make it known that they are not going to look the other way...that they are not going to remain silent. Then, just maybe, we'll think that most cops are good.
The bar for becoming a cop is way too low in this country. All one has to do is look at the cops in NYC to see that, in the majority of instances, they fall into two categories: 1) a helpless pawn of the system, who had no other options for a steady job, and who is neither that intelligent, self-assured, or knows what 'emotional intelligence is'. Such a person is afraid to speak up, and goes along with the status quo, exhibited by this next group.... 2) cops who are testosterone-fueled, have a chip on their shoulders, are on power trips, and are grossly INsecure. These are the most dangerous cops of all. Combine groups 1 and 2 and nothing is going to change.
We need to make the bar higher for entry into the force. Not just 'anybody' should be able to become a cop.
Also, cops should be paid far far more considering what they do. Higher salaries (not counting overtime) will also attract a higher caliber of person, and more likely one who, even with their level of intelligence and ability to find another well-paying job, might then opt to become a cop.
7
@Laurel
Remember the criticism of "good Muslims" for not discrediting "bad Muslims"?
Same thing but on the other foot.
When cops cover and lie in a code of silence than they are what they appear to be.
3
I think most people in NYC think the local cops are ok...For the most part they don’t stray far from their vehicles...
It’s the sub-genre of Traffic Cops for whom we harbor our wrath...
Some ask when Eric Garner will "get justice." With respect, I think that misses the point; it is too late for Eric Garner to get justice. Officer Pantaleo made sure of that.
Just think of it: the death penalty for someone thought (but never shown) to be selling loose cigarettes unlawfully.
46
Florida is the largest state in the US which has open police records. One of only a handful. This is the real reason you hear about all of the crazy "Florida man" stories in the news. Your states are just as crazy, but you keep the details a secret.
20
@Benjo
Yeah, open police records for info on the perps, but never any info on police misdeeds.
1
One of my clearest memories of attending classes at a junior college years ago, which also has a large administration of justice campus, was that whatever subject the would-be cops were in, be it philosophy, geography, meteorology, when they spoke up in class, the subject always seemed to be about cop-killers. It was like there were only two types of people to these guys: Cops and cop-killers. Talk about the dew point? "That's when the cop-killers come out." They grow peaches in Ceres, CA? "There are known cop-killers there." Is taxation theft? "We need taxes to pay for prisons, so we can incarcerate cop-killers." Something-something every problem is a nail. My guess is that outlook has only intensified over the decades.
29
@Fox And, we've given them way more freedom and way more powerful arms to do their bad deeds.
10
@Alice Olson
Police have to be given powers to enforce the law effectively. The alternative is having no way to enforce any laws. But it means that some people who want to have that authority should not.
Most big city police departments try to weed out people like that when they apply. Some get through. Other people change after being on the job for a long time.
2
@Casual Observer
You are missing two points:
1. Peer pressure. There is a culture of silence, protecting all bad behavior from colleagues.
2. Police departments don't seem to be too good at weeding out people with violent tendencies, however they don't accept people with high levels of intelligence. They say they don't tend to last on the job. Is it because the job itself is not so gratifying and they leave, which is the excuse to not accept them in the first place, or do they leave because they are too smart to stay in the work environment created by this violent culture prone to cover-ups?
5
Fat chance of repealing that law, NY.
You have nearly the worst cops in the nation, and I don't doubt that they would go on strike and unleash chaos in your city if you tried to force any real accountability on them. You'll have to spend a couple of years building up the NY National Guard before you can even attempt to rein in your own police force.
6
As long as police misconduct is protected and records of misconduct are hidden police misconduct will continue. The fact that such a law is on the books is a message to police that they are above the law and may kill will impunity if they desire. We seem to have lost the concept of clear definitions, but when an armed man shots an unarmed man it is murder whether someone is wearing a uniform or not. This used to be common sense but now it is debated in the halls of justice. Shooting an unarmed man as he begs for his life is murder. Shooting an unarmed man as he runs away is murder. Strangling an unarmed man as he begs for breath is murder. Hanging a prisoner in his jail cell is murder. These are all simple and clear distinctions that have gotten tied up with the politics of oppression and control and race. We have a political system that has defacto authorized street executions for the sake of order and they have no way to defend this decision except to hide it as much as possible. They delay rulings on the rare police officer caught with cameras for years and then use anonymous grand juries to decide that no police policy had been violated.
The people have allowed this oppression to happen and the people can make it go away but they have to act together to do it and there seem to be no methods of cooperation that can withstand the assaults of our hate filled media complex. The people need to be heard.
24
The police unions are corrupt. They exist to gouge taxpayers while harassing them as revenue cops, cover up the many and daily crimes they commit, and burden future generations with outlandish legacy payments. Record them, with sound on. Make copies, circulate and name the perp cops. NEVER answer
any questions, NEVER unlock devices, NEVER carry identification. They are an occupying invader; treat then as such.
17
That’s too extreme a perspective. There are many good cops but some are not. Please acknowledge the many good ones. They are to be held in very high regard, respected and supported. They quietly do what is right, just and good.
15
@Charlie In California
The one thing they should do that would be right, just, and good would be to get rid of the bad guys among them. But they don't; remember what happened to Frank Serpico? It's the NYPD, not the Yorba Linda PD.
10
@CopWatch
Public employee unions are corrupt. While there are many excellent police officers and teachers, their unions do them a disservice. For police officers union contracts that allow bad cops to get away with their crimes leads to disrespect for all cops. Similarly, teachers' unions want pay to be based only on seniority, the result of which is that the best teachers are looked at as no better than the worst.
Public employee unions are only interested in union power and their members' benefits. The public interest is irrelevant.
2
Unless a person is using deadly force against a police officer or another person, nothing justifies a police officer taking the life of someone.
18
@Larry
Apparently it is enough for a cop to fear the injury in order to justify taking someone's life.
5
@me This dehumanizing answer illustrates why police are not held accountable for their abuses. You may rest assured that the imaginary 300 pound “thug” this commenter has in mind doesn’t look anything like anyone the commenter would consider a relative.
2
@me I guess you did not see the video of Mr. Gardner being murdered by officer Pantaleo.
3
If I, a middle-aged, educated, white female am distrustful of the US' police forces as a whole, what does that tell ya? I can't even imagine being a black/latino male in this country, and hearing and witnessing what we do by police in this country. Sure, most cops are good, but when the police force as a whole has a 'code of silence' to protect the bad cops.... when so many cops who engaged in criminal behaviors are merely given desk duty until things quiet down....when some of our police forces are outfitted better than factions of the US military....we have a real problem.
A few months ago I observed a mentally-ill black man being pinned down by police on the sidewalk, while they waited for their superiors to arrive, and eventually an ambulance for the man. While the man was more or less not hurt, he was held down in what was clearly a very uncomfortable position, for Thirty Minutes. Among the 8 or so cops, not one of them tried to talk the man down, or explain to him that due to the improper behaviors he had been exhibiting (urinating in the direction of pedestrians and then making a gesture towards the police that appeared threatening...) ...none of them tried to use emotional intelligence or psychology to try and help the man. He was pinned down for 30 minutes, cops standing all around him, and a crowd of about 15 onlookers all observing (most of us remaining there, not to ogle but to ensure he was not manhandled by police). It was as if he were a non-person.
31
Here we go again Editorial board on police. We know police have done wrong at times but they is a process ongoing to correct things. Policing is a tough task but what you are trying to do is denigrate the forces and recruiting new officers has become a problem. So if you need police call NYT Editorial Board they know to deal with such incidences.
8
@Harjit Singhrao It's possible, of course, that recruitment is a problem because fewer young men and women want to have anything to do with the murderous gang we call the Police. Something major or a whole long list of minor things must be done to correct the problem we face from coast to coast with law enforcement terrorism, assault and murder. Personally, I'm for throwing out half the force (their personnel records can help identify who should go -- Pantaleo's could be a case in point here) and replacing them with about half that number. We've clearly got a management problem so lets cut back on the numbers to be managed (and include management in the purge, too!)
7
@Harjit Singhrao
If I "need the police", the police would be the last people I would call.
4
@Harjit Singhrao If corrupt and abusive police officers were not above the law there would be no problem recruiting. No one wants to be part of a group that is feared instead of respected and despised instead of loved. As long as there is no transparency and no decisive action to get rid of bad apples, decent people will stay away from that type of work and things will even get worse. Accountability is the only way to protect both citizens and police officers.
5
We have this same problem in Canada. What is now happening is that the average person no longer believes their police any more. They are no longer the protectors of the citizen. I am always careful when I am around them and will not call upon them unless absolutely necessary.
To all the cops and their friends all over the world: it’s your reputation and you all have clearly decided what kind of reputation you want. No one forgets.
My Dad was in the military, so I have been taught the right way to say: yes sir, no sir, three bags full sir. You can cover it up, lie, and think you’ve tricked everybody; but you haven’t, sir.
16
I don't think it is accurate that only NY and Delaware have such laws. Maryland Public Information Act shields the same information, and I imagine the same is true of a large number of other states, since they frequently draw on and have some relationship to, the federal FOIA law.
3
A defendant’s right to a fair trail, to prepare a defense and to confront accusers and adverse witnesses are guaranteed rights. But too often accusers and adverse witnesses are law enforcement officers, some of whom are known to be liars. That habitual lack of credibility is hidden from defense lawyers, some prosecutors and judges. So innocent people are convicted and are later proven to be innocent. That is precisely why some District Attorneys have post-conviction review units that look into problem convictions. Science and statistics have proven that people imprisoned might not have been convicted if police and prosecutorial misconduct had been prevented. Rather than being cast as a we vs. them issue, we aim for a system where only the truly guilty are convicted. That means law enforcement witnesses undergo the same vetting as any other adverse witnesses. That requires interested parties to know if the officer and detective are credible or not. And that requires looking into past performance and disciplinary jackets. Why hide them? California just passed a law requiring transparency.
11
America is a divided limited different power constitutional republic of united states where the people are the ultimate sovereign over their elected and selected hired help.
The same relationship exists at the state and local level with the people being the ultimate sovereign over their elected and selected hired help including law enforcement.
The notion that any American elected and selected person has more rights and legal power than any ordinary citizen is dangerous.
Uniformed military badged armed law enforcement is akin to a guard dog. They must be subjected to civilian supremacy.
Because of their power to deprive us of our life, liberty and the pursuit of happiness law enforcement should be treated even more harshly than ordinary people in the event of any legal and moral transgressions.
16
Any pretense to being a free country is mocked by the police being an occupying force that is beyond the law.
21
@me The question should be "How many countries allow their police to kill citizens with impunity?" And, if it's every single one of them, we've got a great leadership opportunity to undertake. "Everybody's doing it" didn't work at my house when I was a teenager. How 'bout yours?
9
@me: One, that I know of. Costa Rica. They have a national reserve type of military instead, though, which serves the same function.
@me
Most democracies have police forces that are a lot more accountable than is the case in the US today. That's precisely the point.
1
"The Anti-Defamation League (ADL) also has a longstanding program to train American law enforcement officials in Israel and bring Israeli law enforcement officials to lecture in the United States. The NYPD has maintained a branch in Tel Aviv since at least 2012."
"The programs have enabled law enforcement officials in New York to import Israeli surveillance, racial profiling and protest suppression tactics and technologies, as well as enabling Israeli officials to learn from policing practices in New York City, according to the JVP and RAIA report."
https://documentedny.com/2018/09/12/report-criticizes-nypd-collaboration-with-israel/
17
We pay the salaries of these thugs in blue. Why aren't we allowed to know when they are being disciplined for beating and/or killing citizens?
53
Thousands of people making allegations police officers annually, based on my experience same people make same allegations over and over again. Would like your personnel employment records be released or medical records? There is reason for HIPPA law, why should everyone should have tools to get into other people’s lives?
@Semyon
Did you read the comment above before replying? The question is not about making public any fake allegations, but when disciplinary action has been take (i.e., there was plenty of evidence of bad behavior). We are talking about killing people here, not forgetting to put your dollar in the coffee jar.
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They're the "finest."
They deserve all our trust. They've earned it.
Sure they may kill innocent people sometimes, beat the heck out of them, coerce "confessions" and jail the innocent (and children). It's tough being the "finest."
They deserve to have their secrets kept secret. If they cheat on overtime and benefits and are proven guilty of abuse but no one knows. Hey, don't they deserve it? Let's not be mean spirited. They're not.
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Power without accountability always results in abuse. It's rampant in our political system, our military system and in our law enforcement and civil and criminal justice system.
To keep us under their feet, those in power divide us by social status, religion, ethnicity; anything that can be shown as different. They keep us fighting among ourselves, so that their corrupt practices continue, uninterrupted.
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ACLU:
“In 2018, the California Legislature passed SB1421, The Right To Know Act, which gives the public the right to see certain records relating to police misconduct and serious uses of force.
You can now request these records under the Public Records Act ("PRA") — a law that gives the public the right to see the non-confidential documents of our state and local government agencies.
The ACLU of Southern California, along with other organizations, is in the process of requesting and publishing the records for all incidents that have now been made public from the 400+ law enforcement agencies within California. In the meantime, if you have a specific incident or officer that you would more information on, you can file your own Public Records Act request.
SB 1421 gives the public the right to access three categories of records related to investigation and discipline of peace officers:
Records related to any incident where a law enforcement officer fired a gun at a person (regardless of whether someone was hit), or used force that resulted in serious injury or death. You can get these records whether the department found the officer acted properly or not.
Records related to incidents where the agency found that an officer engaged in dishonesty in the investigation, reporting, or prosecution of crime or police misconduct. This kind of dishonesty could include filing a false report, testifying untruthfully, or planting evidence.
Police officer sexual assault.
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Broadly speaking, federal and state government agencies and personnel are unaccountable for misconduct and mistakes. When allegations of misconduct and mistakes are made, the byzantine process to hold these individuals accountable is permitted administratively to drag out interminably. And, the complaints about the administrative justice process go nowhere because the people charged with regulating the process are themselves part of the obstruction process. It has become an endless loop of non-accountability.
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@David Lockmiller
While this may happen in some contexts, I think you are overgeneralizing. The police are an extraordinary case in many ways. On average, I doubt there is any more cover-up of bad behavior in the public sector than in any corporation, probably less.
1
In considering matters mentioned in this editorial, the media almost never faces the reality that police officers have to face every day: they are faced not only with crime but often with violent insurrection.
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@John Corr Since police officers are professionals, they should be held to the highest standards. Everyone with a functioning brain understands how difficult a police officer's job is. However, giving them a pass to violate protocol is not the answer. Transparency is necessary in order to hold these high standards and keep the public's trust. I doubt there are many LEO that condone reckless and dangerous police conduct as it puts a black mark on the entire profession. Transparency is the only answer to ensure public trust.
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@Sue Salvesen I agree with your basic premise.
However, LEO across the country are being trained in military style tactics. A program to train LEO in Israel is especially worrisome because, unlike the US, Israel does not have a bill of rights, racial profiling is legal and actively practiced. The NY police department has a branch in Tel Aviv where they learn Israeli surveillance and protest suppression technologies,
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@me And, on occasion, innocent civilians have to deal with enraged, irrational racist police officers who are armed, extremely dangerous, and backed up by their colleagues.
4