On May 25, 2020, George Floyd, a 46-years old black man was killed by police officer, Derek Chauvin, who knelt on his neck for nearly 9 minutes where George Floyd stop responding after 6 minutes.
This outrageous police misconduct has run the civilians into the streets. Protesters around the country holding signs saying “I can’t breathe”, and “black lives matter” to express their anger.
Take a moment to think back, why did it happen? And how do we prevent it from happening?
We look to police conduct.
When taking a person into custody, police are allowed to use “reasonable force”. And when the Court considers whether the force was reasonable or not, several factors are taking into account: the severity of the crime, the dangerousness of the suspect, and whether the suspect resists or attempts to flee. The first factor is simple: speeding, burglary, theft, murder, there are violent and non-violent crimes. The third factor is also straight forward. The problematic one is with the second factor. How do you determine how dangerous is a suspect when the officer encounter a suspect for the first time? This is where discrimination and bias come into play. Factors that play an important role in a police officer’s decision-making processes include social class, gender, age, and physical size (Gottfredson, and Hindeling, 1979; Lanza-Kadruce and Greenleaf, 1994; Mastrofski et al., 1996; Riksheim and Chermak, 1993). Other factors are the attitude of both the officers and the citizens.
African Americans subject to discrimination all the time. According to data provided by the State Bar of California, children are disproportionally identified base on race and ethnicity as having learning or development disabilities. American Indian-Alaskan Native and African-American students are categorized as intellectually disabled in greater percentages. African American students are more likely to be suspended or expelled when the offenses are not serious and that call for subjective discretionary judgment. A higher percentage of African-American students are referred to law enforcement or subject to school-related arrest which these decisions are also often discretionary. Once detained, minority youth are more likely to stay in the system longer and more likely to be locked up than their white peers. Student behavior that previously resulted in mild punishment often results in criminal records and prosecution. They are less likely to receive a high school diploma and more likely to participate in the labor force in the future. This happens because the decision-maker is exercising discretion.
In the long run, African Americans are lesser educated compare to other race/ethnicity groups and are more likely to receive lower salaries in comparison to others.
However, we do not talk about discrimination or bias today because we can only change that through social reform. Eliminating discrimination is the duty of everyone in society. People’s perceptions and opinions will change when they are surrounded by mostly good and nice African Americans. Aggressive protestors looting, robbing, and setting fire to buildings is definitely not the way to do it. Instead, it will have a negative impact on the social reform. You shape the world you live in.
What is the problem then?
Excessive force and lack of punishment
From the footage of the police bodycam, we can hear that George Floyd keeps saying that “I can’t breathe,” One of the officers, Jarred Tipton, at one point, replied, “I don’t care.” Is the issue really about discrimination? Why are the officers so ignorant and arrogant?
Excessive force!
Police are to use forces that they reasonably think necessary to protect both the public and themselves. They can use deadly force when they have probable cause to believe a suspect poses a threat or serious harm to the officer or others. They should issue warnings when possible.
When does a suspect pose a threat or serious harm? Examples include, but is not limited to, believing the suspect owns a gun or when the suspect is strong and tall and started to resist or fight which created the possibility of the suspect obtained an officer’s gun. Once the officer reasonably believes, then the officer action in response to the possible deadly force is justified even when the suspect is actually unarmed. While enjoying all the benefits the Second Amendment granted United States citizens, it also increased the risk of being a police officer. You can’t ask an officer to make sure the suspect actually has a gun. Sometimes, when the suspect draws the gun on the police, it’s too late to respond to it. It is reasonable for an officer to default all the suspect has a gun somewhere. Police officers need the authority to use their discretion in order to protect themselves and the public. However, police officers regularly overstep the bounds of necessity.
It is incredibly difficult to prove a police brutality case in court. Usually, most jurors have a presumption in favor of the police officers. In most cases, jurors look for reasons to convict a suspect, but in police misconduct cases, jurors search for reasons to acquit. Prosecutors are, therefore, hesitant to bring cases against police officers that are difficult to win. Other reasons that a prosecutor doesn’t pursue a police brutality case include: the traditionally close relationship between district or county attorneys and police officers who work together to prosecute other alleged criminals; difficulties in convincing jurors that a police officer didn’t merely make an understandable mistake, but committed a crime; and some jurisdiction even provide additional protection for police officers accused of criminal behavior. When police misconducts are not being punished, it leads to a growing ego and overpowering the police officers.
On June 4, 2020, a 75-year-old white man, Martin Gugino, was shoved by the Buffalo police officer and he stumbled backwards and fell, hitting the back of his head on the concrete and start bleeding from his ear and immediately shows unconsciousness. The officers WALKED AWAY. The police department originally claimed Gugino “TRIPPED and FELL.”
Is the problem really about racial discrimination? Police officers did not exercise reasonable care for others.
There is a lack of a focus on HUMANITY and CIVILITY!
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