After the controversial cases regarding Eric Garner, Michael Brown, there seems to be an overwhelming public opinion for reformation in policing. Although such arguments could become highly politicized and radical on both ends of the spectrum, there are problems with policing that need to be addressed. There are three main, worrying issues that have the most capacity to improve: a disappointing lack of training/over reliance on firearms, a concerning disparity in Judge sentencing, and a lack of an objective point of view in legal cases, which could easily be acquired through body cameras. An improvement in any one of these fields would not only be beneficial to community and police relations, but also no doubt rectify the “malpractices” that the police employ, effectively cleaning up the system.
The first issue seems to be one of the most prevalent, yet is offered the least solutions. An over dependence on firearms not only breeds distrust within the community, but makes it easier for lives to be unnecessarily lost. Drawing guns heightens the intensity of the situation, and makes it easier deaths to occur. Al Baker cites in his New York Times article, “For New York City Officers, Drawing Guns Is Based on Discretion Not Rules,” he explains that there is no official guideline to enforce, or prohibit, drawing a gun. This allows police officers in New York City to draw guns based on their own judgment, which is not necessarily a bad thing. However, then an immense responsibility falls on the shoulders of that police officer. Baker points out drawing guns is very prevalent: “To some of them, drawing their guns, even with no present threat, is routine, a practice borne of habit or some internal gauge of an encounter that might go bad” (Baker 1). It seems police officers need more rigorous and constant training to weed off this dependence on firearms and to create more responsible alternatives to restraining a suspected perpetrator than chokeholds.
The second issue is more a problem throughout the criminal justice system than policing, but it seems that punishment sentences vary and depend mostly on the discretion of the judge. This turns the criminal justice system into a haven of political agendas, making judges worry about appearing too soft or too hard. Of course, there are several reasons a convict could get a lower sentence: plea bargains, government cooperation, and prosecutorial decisions. This however, opens up an interesting debate: should judges have that much discretionary power? From a logical point of view, the law should be the law, and those who break the law should face the standardized penalty. But human life and interaction is messy, and rarely does anything follow the book.
The third and final issue is the idea of an objective witness, or clear evidence in policing. It seems odd that body cameras are not already active in policing, as they will offer a clear account of the events that transpired. However, Yee and Johnson give a different view in their article, “Body Cameras Worn by Police Officers Are No ‘Safeguard of Truth,’ Experts Say.” The article quotes people who question the effectiveness of body cameras, stating it doesn’t necessarily prevent violent encounters and that: “just as often turn into a Rorschach test” (Yee and Johnson 1). This article explains that body cameras can be misconstrued and interpreted through different angles depending on the lawyers, and ultimately comes down to the discretion of the jury. However, though they may not bring about clear and expected results, as shown with the video evidence in the Eric Garner case, better and clearer evidence is more useful in any trial. The more available and direct evidence the better. New York City is already experimenting with body cameras, instigating a test run. Hopefully, there will be clear results in proving the effectiveness of body cameras.
Works Cited:
Baker, Al. “For New York City Officers, Drawing Guns Is Based on Discretion, Not Rules.” The New York Times. The New York Times, 25 Nov. 2014. Web. 17 Feb. 2015. http://www.nytimes.com/2014/11/26/nyregion/for-new-york-city-officers-drawing-guns-is-based-on-discretion-not-rules.html
Secret, Mosi. “Wide Sentencing Disparity Found Among U.S. Judges.” The New York Times. The New York Times, 05 Mar. 2012. Web. 17 Feb. 2015. http://www.nytimes.com/2012/03/06/nyregion/wide-sentencing-disparity-found-among-us-judges.html?pagewanted=all
Yee, Vivian, and Kirk Johnson. “Body Cameras Worn by Police Officers Are No ‘Safeguard of Truth,’ Experts Say.” The New York Times. The New York Times, 06 Dec. 2014. Web. 17 Feb. 2015. http://www.nytimes.com/2014/12/07/nyregion/body-cameras-worn-by-police-officers-are-no-safeguard-of-truth-experts-say.html
As was with Eric Garner’s case, it is sad that indisputable video evidence was still not enough to convict the officer (s) involved. I agree that “better and clearer evidence is more useful in any trial.” Even if our justice system fails us, these videos will be important in the court of public opinion. I think this degree of openness will be useful to communities to take more proactive steps in changing policing themselves. This can be done through protests and political pressure via elections and funding. Perhaps we can force police behavior to change through public pressure and knowledge that officers are being watched.
It is important to identify power dynamics that currently exist. At the end of the day, police institutions and governments exist with the permission of “the people.” Our tax dollars fund them, and therefore fundamentally we should hold the most power when it comes to decision-making. The extent of our power is often forgotten even though we recognize that flaws exist within these systems. A part of fixing policing problems is figuring out how to emphasize civic duty and motivate people to step-up (in addition to protests, etc.). I think we are failing to use the democratic system to our advantage.
Hey Michael, I agree with the points you made regarding objective witnesses and body cameras. Having written about that issue myself, I believe they should be implemented in police precincts across the country. While we don’t have all the evidence that the cameras will be beneficial in the long run, I believe that any improvements to a failing system should be attempted. One thing you didn’t mention in your post was the argument against the cost of the cameras. Many people believe that the price of the cameras and their upkeep will be too expensive for the amount of good that the cameras will do.
I also really found your discussion of gun control and the police force interesting. With recent incidents like that involving Trayvon Martin, I think gun control is a topic that this country should definitely address, but one that will sadly never be agreed on. Changing our nation’s policy on guns will mean facing a lot of opposition, and therefore the best way to tackle this issue is probably not by trying to end gun use by the police, but offer alternative ways for officers to protect themselves, while also not killing their perpetrators. Through programs that offer regular and detailed training sessions for police officers to learn alternative ways to combat, perhaps police officers can be trained to not rely upon their weapons as much, especially when their suspects are unarmed, and in Martin’s case, completely innocent.
I definitely agree with a lot of the points that you made. I find that body cameras can be really helpful when it comes to the courts. A lot of cases come down to what is said by the police officer and the defendant. Usually, the police officer’s word is considered to be more trustworthy, and even if the defendant were right they would not be able to do anything. Having more concrete evidence will make sure that officers can’t abuse their title in court. It could also lead to the finding of evidence that may not be noticeable at first. I do see how having police wear cameras can make it so that we rely on the footage from cameras, but the risk is worth the reward. Having more people justly reviewed in court is worth having the one or two cases thrown out due to the lack of footage. When it comes to the sentencing, I believe that the judge should have the right to give a sentence based on discretion. If a person has a good moral reason for doing a crime, they should not have an insane punishment. There are definitely plenty of situations in which the rules need to be bended.
I agree that body cameras can be useful for discerning the truth in cases where it is not clear whether the police officer or the civilian with whom he or she clashed is at fault. Although critics of body cameras claim that it will alienate the NYPD to be under such close scrutiny, sowing deeper distrust in the already stressed relationship between officers and civilians, I think police officers have a lot to gain from wearing the cameras. In addition to being injured or harmed while on the job, officers constantly face the threat of having complaints filed against them by civilians for misconduct. Unless an officer is truly abusing his power, the use of body cameras should put him at ease in the case that a complaint is lodged against him because his camera would provide concrete proof of his innocence. Should the NYPD implement body cameras, I think it should emphasize to its officers that wearing them protects them as well, not just civilians. This would prevent officers from feeling that they are being criminalized and alienated by state and city legislators. Ultimately, I believe that the presence of the cameras would discourage both officers and civilians from resorting to violence.