Sunday, December 14, 2014

Reform

Madame:

There is MUCH more to say on all this I have been posting about, but those other important things are cropping up as well, everything from catastrophic risk coming back from Wall Street actions, to deception, deflection, and obfuscation from the security-intelligence complex in the wake of the Senate report.  But to continue, at least once more, this blogstream on injustice and its many ramifications:

People are fond of saying we should stay safe and be completely, surrendering-ly subservient to every police demand, and accommodating to all police behavior.  How nicely set up that would make us for authoritarian or even totalitarian rule. 

We have to worry and adjust OUR behavior to avoid being shot by our supposed protectors?  And then, if there is ANY trouble from or by the police, we are supposed to merely file a complaint—with the organization and system that perpetrates it? An organization and its members who are sole judge and jury (and, too often, executioner)?

Police impunity.  Willful ignorance by the white public.  Institutional racism.   Refusal to acknowledge black reality.   Even otherwise powerful black CEOs have to worry: https://www.linkedin.com/pulse/article/20141204174020-261404895-it-s-time-to-revolutionize-race-relations

And some further evidence we sure as hell don’t have a post-racial America: How Obama has been treated, spoken about, disrespected, obstructed, hated and reviled with such a passionate, frothing fervor.  I dislike intensely many of his actions and policies, but I can recognize when there is a treatment difference that is consistent among many members of one color against a president of another one.

To think that racism doesn’t exist is delusional.  We desperately need a dialogue (and willingness to act and change) about race. 

Police often have a hard job and need our respect.  But respect has to be earned AND warranted.  Community policing works best when the community trusts that the police will treat them with dignity and so that community WANTS the police to come in and make them safe from the criminal element.  That trust is missing in far too many places, particularly for African-Americans, and in those places only systemic bias exists instead.

Of course, police and prosecutors too often are given impossible tasks because the plutocratic economy has emplaced all over this country drastic economic inequality, lack of opportunity, and few or no livable jobs.  This bleak picture is intensified many times over in too many African-American communities.

Maltreatement and disproportionate focus on certain people and certain communities are bad enough.   In this society we have become, however, one of disconnection and lack of community and affiliation with and for our fellow citizens, we then make things even worse.  We take away most chances of making it economically and then wonder why there is crime?   And for the unfortunate citizens who are picked up for bogus reasons and then get bogus trumped up felonies because they have no resources to defend themselves legally against?  What then?  Felons can’t get most jobs, and certainly no decent ones.  And yet we are astonished that people turn to or return to criminal ways?  We are fomenting the behavior!  What does society truly expect?

The bitterly ironic thing is that White America’s 99% are economically stressed, yet largely without a clear idea of who is responsible for that stress.   And so too much of that White America falls back on simplistic blame spewed forth by demagogues with agendas, instead of seeing its true adversaries and true threats.

We need systemic change to really make a difference, including about police and minorities.  But in the meantime, there are some things that can be done:

State and local court systems are separate from federal ones for a reason, and constitutionally need to retain that separateness.  But that doesn’t mean that there can’t be procedural protections for all citizens no matter where they reside.  With that in mind, here are some proposals for federal legislation  or amendments (or even just things people can urge their state legislatures to adopt) to standardize procedures:

1.     Each state must conduct a wide ranging experiment to equip law enforcement members with body cameras, funded initially by the federal government.

2.     Require all law enforcement officers, even state police/highway patrolmen, to work together/ride and travel together 2-3 days a week, to decrease isolation, increase resiliency, improve well being and sense of security, and boost humanity and compassion.  This is not a panacea, of course, for two law enforcement officers have often done bad things.  But it can decrease the chances.  Also, when an officer would otherwise ride alone, a citizen of the community should ride with him whenever possible.  A local community panel can choose a pool of volunteer citizen riders.  While ideally they might be law students, criminal justice majors, or those interested in police work, any willing citizen chosen by the community could be eligible.  This would further decrease isolation of the officer, while improving ties with the community--and giving the community an idea of how hard law enforcement work can be sometimes.

3.     Whenever a citizen dies at the hands of the police or in police custody, an independent prosecutor from another state, chosen at random from a pool of special prosecutors, is required appointed by the governor of  the state where the death occurred.  This independent prosecutor will have at least two investigators from outside the state.  If criminal charges are not filed, a public report will be released.

4.     If the citizen was unarmed, the deceased citizen’s family lawyer is appointed as a special temporary assistant prosecutor and acts as a member of the investigation and prosecution team.  This lawyer must agree before a police officer is allowed to testify before a grand jury on their own behalf (civilians under investigation by grand juries aren’t allowed to testify on their own behalf).  Otherwise, the police officer would have to wait to testify at a trial.

5.     If the citizen was unarmed, the officer or officers involved are automatically indicted UNLESS ALL 12 GRAND JURORS UNANIMOUSLY VOTE NOT TO INDICT.  This differs radically from present, where 9 of 12 jurors are required to agree to indict.

It’s not enough.  But it could be a start.

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