I had someone on social media recently accuse me of incitement, out of the blue. So I wanted to offer these positive steps to policing and justice reform, to counter any accusation that am anti-justice or police, or inciting any kind of violence. Just the opposite, I am against violence, and for human rights, which is why the police have a difficult, and important role they need to do well, and we all need to demand they do it right. (I also got a couple of death threats recently.)
The accusation of incitement is so dangerous, because it’s been just a few days since Attorney General Barr announced he was designating Antifa and “far-Left agitators” as terrorists, and tasking the entirety of the DOJ- FBI, DEA, ATF, U.S. Marshals, etc. with counter-terrorism. Anyone accused of inciting violence (by right-wing accusers, for instance) could face “investigations” which also can include “disruption” operations to “neutralize” potential threats- and it’s just as bad as it sounds- ask anyone in Iraq or Hong Kong who’s been subject to cointerlpro ops and mass surveillance. Another example of the targeting of the Left and compiling of enemies lists- Fox News host published a list of high profile people he was accusing of incitement to riot. https://www.newsweek.com/tucker-carlson-corporations-blm-riot-george-floyd-protests-1508898
This accuser denied my explanation for a post on social media about how much better a truck driver that threatened an entire crowd of protesters was treated than George Floyd was for the reason I stated: to raise awareness of unfair treatment by African-American crime suspects and to point out systemic inequality, and accused me of incitement (to violence presumably). I’ve also commented on the Trump call to operate according to the former Miami Police Chief Walter Headley “When the looting starts, the shooting starts,” cointelpro-style operations which use provocateurs to provoke violence, discredit protesters, and destroy local communities, which are so familiar to us now after the George Floyd death protests, and violent police response. Indeed, protests against George Floyd’s horrible lynching buy police for 8 minutes 43 seconds have turned into world-wide protests against militarized police and a culture of violence and impunity- police acting like occupation forces, to enforce order that includes racism, abuse of power, and corruption, stemming from a role of enforcing slavery then Jim Crow and Segregation, and a Cold-War role of police as anti-Communist, anti-Left counterintelligence “Red Squads”.
These 20 reforms, many which could be implemented quickly, could help police transition from “Red State” Segregation era/Cold War era occupation military forces, especially against Blue States, to community protection and service professionals.
1. Increased wages and professionalization. Like teachers, entry level wages for police officers are low compared with their duties and responsibilities. To recruit better officers, we need to increase wages. To recruit officers that better resemble a cross section of the public, and have higher qualifications, we need better pay. Today, police recruitment is facing a shortage of candidates, forcing positions to be unfilled, and for police forces to re-hire fired, or under-qualified, or unsuitable candidates. Better wages would also reduce the need for overtime, moonlighting, over-policing of private events, and opportunities for corruption and conflicts of interest; many police make more as private security than as officers. With better pay communities could require a higher level of professionalization and ethics.
Increased wages should be paid into a bonus fund that would pay bonuses based on criteria like community satisfaction ratings, crime rates, and injuries. The fund would also pay liability insurance premiums and injury lawsuit payments, and be reduced by such payouts. https://qz.com/1864979/to-stop-police-brutality-make-it-financially-unsustainable/?utm_source=YPL&yptr=yahoo
2. Better Screening of Hires: Along with better wages, police HR needs better screening- screen must eliminate officers with mental or emotional problems that will not allow them to do their demanding physical, emotional, and psychological jobs. Police are no longer just bodies with clubs and guns. They are expected to handle complex issues with tact, care, and thoughtfulness, as well as skill and professionalism. They are entrusted with our safety and the use of deadly force. Candidates with a history of violence, criminal behavior, white supremacist or other violent extremist affiliation must be eliminated. Officer candidates with histories of domestic violence should be excluded from service. https://theintercept.com/2017/01/31/the-fbi-has-quietly-investigated-white-supremacist-infiltration-of-law-enforcement/
3. Mandatory Body Camera Use: Body cameras and citizen recordings of police activity have proved to be an invaluable check on police abuse of power. They show what Black citizens have reported for decades: widespread, systemic violence, brutality, lying, false reports, conspiracy, and collusion to conceal organized criminal activity by the police. The use of body cameras while on duty should be obligatory. If a camera is turned off prior to or during the use of force, an officer should be charged with obstruction of justice. Body cameras and their recordings should be considered evidence.
4. Duty to Report- officers must report violence by fellow officers, and bad cops to their Prosecutors and internal affairs, or face disciplinary action, charges of conspiracy themselves. They must report to an independent disciplinary board as soon as these boards can be organized. Police must adopt an honor code similar to West Point Cadets as part of their professionalization: “A Cadet will not lie, cheat or steal, nor tolerate those who do.”
5. End Impunity- Police culture has developed a culture of impunity and a sense of being superior to, and above the law. This may be because they have been called upon by certain counterintelligence agencies to violate the law, or by a culture of policing that is used to breaking the law to get the “bad guys”, or by a history of violence and vigilante, “frontier” or “rough justice” in the United States. All of these antiquated views of lawless behavior from the police must end. They have devolved into abuse of power. In order to end impunity- special prosecutors are necessary for police accountability, as well as disciplinary independent review boards.
6. End Qualified Immunity. The legal doctrine that grants government officers wide latitude- but also freedom from legal accountability- in conducting their affairs unless specifically illegal- the equivalent of the doctrine of the unitary executive- must be ended in favor of a doctrine of community accountability and reasonable action for police. See the New York Times Editorial on Ending qualified immunity: https://www.nytimes.com/2020/05/29/opinion/Minneapolis-police-George-Floyd.html
7. Independent oversight. Independent oversight, disciplinary review, and personnel review by citizens is necessary. All complaints of police misconduct, discipline, personnel issues- must be reviewed by an independent commission, which will remove individuals with conflicts of interest and dual roles- such as local DA/prosecutors, who rely on officers for prosecutions, from discipline decisions.
8. Public Disciplinary Records. Police disciplinary records should be public records. The U.S. House of Representatives has just introduced a reform bill that would include a national register. The problem in the past with such efforts has been strong police unions, which have insisted police disciplinary and HR records remain private. A national register would help achieve this goal of weeding out bad officers.
9. Fight Police Corruption: The 1st NY City Police Superintendent- started to professionalize police. He profiled career criminals, and taught investigation techniques. He also socialized with the rich, fought labor organizing, and retired the equivalent of a multi-millionaire, because he turned a blind eye to white collar, high-dollar crime, and took payoffs. Teddy Roosevelt gained his national reputation as a NY police superintendent who tried to eliminate corruption. And corruption has remained a problem with police forces since. Modern vice, drugs, organized crime provide temptations to poorly paid officers. Of course there is a correlation between corrupt cops, officers who use violence, and racist officers; solving one helps solve the others, and the code of silence enables all of these.
10. De-escalation. Rather than a day-long class once a year, de-escalation of violence should be the core principle- along with community protection and service- of the modern American police. The United States is a country with a history of violence- from the Wild West, to Prohibition, Jim Crow, Union Busting. No other country not at war has a higher death rate of gun related violence. No other country has a larger prison population, period. We must train and then demand police use de-escalation in every circumstance.
11. Necessary use only of Deadly force. A related principle must be to change the modify the conditions under which a police officer can legally use deadly force from times when it’s “reasonable’’ to when it’s “necessary.’’ https://www.usatoday.com/story/news/nation/2019/08/20/california-new-police-use-force-law-significant-change/2068263001/
12. Crisis responders: Police shouldn’t be called upon to serve as human services crisis responders, unless specially trained for that role. Separate mental health and substance abuse first responders, domestic violence, and other social work emergency personnel should be forward-deployed to response duty, rather than, or along with police working as security partners. We must end the use of jails and emergency rooms as shelters, emergency housing, mental health stabilization facilities, just because they alone have mandated funding. If police must respond to social service crisis, we should increased training for officers who are equipped best, by interest and temperament, as crisis responders as opposed to a military temperament.
13. Mandatory leave of absence: There needs to be a mandatory, lengthy leave of absence and retraining after any use of violence, un-holstering of firearm, incident of serious bodily harm, or death. An officer who kills should ordinarily be removed from public-facing service. Period.
14. Mandatory treatment for PTSD: First responders, including police, are routinely exposed to traumatizing events: violence, crime scenes, car accidents, Some form of group therapy or resilience treatment for PTSD should be mandatory, to prevent burnout, enhance officer retention, and also prevent anger and violence.
15. Demilitarization: Police forces are not military defense forces. Police agencies should immediately end preferences for veterans, disband tactical squads, and return, destroy, or place tactical weapons to National Guard Armories where they belong. Training in, and tolerance for choke holds, and other deadly submission techniques should end. Use funds from demilitarization should be used to pay for increased wages, training, and social services. Officers who advocate violence should be dismissed, or even charged.
16. End Provocateur Role. The use of police as agents provocateurs- usually State Police- acting in an alleged counter-intelligence or counter-terrorism role, to provoke, elicit violence, discredit protesters. Their use, undercover or supervising criminal informants/ Confidential Human Sources, to throw rocks, bottles, break windows, vandalize cars, light fires, etc., to provoke violence or discredit protesters must stop.
17. End Counterintelligence Role. The use of police in their role in counter-terrorism, assisting intelligence operations. This includes all operations where the goal is to “investigate”, “deter” “discredit, divide, disrupt, destroy” potential security or criminal threats, also known as predictive policing, stop and frisk, cointelpro, “red squads”, and other politicized/partisan activities that conflict with criminal justice, law enforcement, and protecting and serving the community. You cannot protect and serve a community you are treating as a national security threat, or fulfill your oath to uphold the law, while serving as intelligence agents.
18. Law Enforcement should be subject to the rule of law. Beyond impunity, corrupt activity, illegal activities undertaken with criminal informants and as intelligence officers and agents, and violence all must be ended. Officers who call for, incite, or provoke violence should be charged. Corrupting and violent practices, such as reliance on criminal informants, no-knock warrants, asset forfeiture, paramilitary activity, coercive interrogations,etc. must be curtailed and eliminated.
19. End The Revolving Door: Officers fired in one jurisdiction, for cause or moral turpitude, are often re-hired in nearby jurisdictions. Unsuitable individuals especially those with records of corruption or violence should find employment in other careers. Re-certification, training, and professionalization will also help achieve this goal.
20. Increased Funding for IA and Independent Prosecutors: Police Internal Affairs departments need large increases to funding and manpower to achieve these goals for reform of policing, to public service, not just service for the political Right and wealthy. Independent prosecutors: Because of their close working relationship with local prosecutors, independent prosecutors should be authorized for all police criminal investigations and prosecutions. The recent Ahmaud Arbery case where three accused murders went uncharged because one was a former policeman is an illustration of this need.
