Madame,
It occurs to me now (too
late!) that I should have originally phrased my words more carefully. I should have said “I’m betting there’s a fair chance…” rather than
stated so definitively. Because the way
I originally put it, I obviously tilted the odds of losing the bet! :)
All those things I put
as general potentialities are specific realities for African-Americans and
other minorities. Living under that
brings a level of stress, anxiety, and fear that is hard for those who don’t
live under it to relate to.
My understanding of the
law of allowed public recording of law enforcement actions is that it applies
to public property/public space, and often does not apply to private property
or space. Some municipalities or even
states have passed ordinances prohibiting videotaping of law enforcement
officers. Of course, these are
technically against the above standard allowing of videotaping of officers
doing their duties in a public space, but the ACLU (you know, that reviled
organization) and others can only challenge just so many things in just so many
places. So local “good old boy” networks
consequently get away with a lot, especially when THEY are responsible for
enforcing the decisions of courts against them, and both the state and feds are
often distracted, overwhelmed, or uninterested.
Even those few times when
police are confronted for seizing or erasing (or harassing or arresting the
recording individual) cellphones, the “penalty” (when there is one) is often little
more than a slap on the wrist and a “don’t do it again.”
And courts have been
VERY sympathetic to police officers who state they prohibited or pushed back
recording because it was interfering with their duties, or, to be more precise,
the person doing so was interfering with “carrying out police duties” or “inciting
a hostile crowd.” It remains to be seen
how much the rash of publicized recent incidents will in actuality bring about
a change to that standard.
I well agree, however,
that cameras in all aspects of police duty would be a boost to citizen
protection. It is not flawless,
however. Those in power and control of
the flow of information sometimes have turn off, override capability, or the
ability to cause a “malfunction.”
Rather like the Big
Brother official in Orwell’s 1984.
So unless we inculcate
cultural and institutional change, the cameras could become merely a loose
band-aid. However, if we push for change
in the disconnected, parochial, defensive-aggressive, haughty, arrogant model
that exists in far too many law enforcement organizations, the cameras would
actually be a synergistic propellant to that change.
And then we could see
about addressing who and what the “law enforcers” truly serve.
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