Eye on the Courts: Race and Police Misconduct

racial-profiling“In both cases, the mistreatment of residents stemmed from Davis police officers assuming crimes had taken place and they knew who was guilty – before conducting investigations,” Rich Rifkin writes in his Wednesday, March 6, 2013 column in the Davis Enterprise.

He continues, “They failed to treat residents of our community with respect. They acted aggressively, intemperately and without regard for justice.”

Mr. Rifkin goes on to describe two police incidents, one the dispute between Jerome Wren and Tatiana Bush that ended in a Tasering, a founded complaint, and a police officer who is no longer employed with the Davis Police Department.

The second, which we have not covered, though we knew of his case through both a personal conversation and his presentation to the Davis Human Relations Commission last year involving 61-year-old Davis resident Steven Hanson.

Mr. Hanson was suspected of stalking his former therapist when Officer Andrew Penrose knocked on his door, ordered Mr. Hanson outside, and proceeded to berate him in front of his neighbors.

Mr. Rifkin writes, “Rather than politely asking this lifelong Davis citizen questions about an allegation which had been made against him, Officer Penrose launched into a tirade, accusing Hanson of stalking a woman, also a Davis resident, with whom Hanson had had a falling out over a professional relationship.”

“Penrose decided before he got to Hanson’s home that the tale the woman told was true. Penrose did not wait to hear Hanson’s side of the story,” Mr. Rifkin continues.  “The allegations she leveled, Hanson says, were false. He never stalked her. The DA did not charge him. He was never even issued a ticket.”

Officials last year told the Vanguard that the allegations had a tremendous amount of foundation to them and there was substantial evidence that Mr. Hanson was indeed stalking the woman.  However, as Mr. Rifkin correctly indicates, Mr. Hanson was never arrested and the DA never charged in the matter.

Whether or not Mr. Hanson committed a crime, Officer Penrose’s conduct is difficult to defend.

As Mr. Rifkin notes, “But Penrose never asked Hanson what was going on. Instead, he got inches from Hanson’s face and harangued Hanson to stop harassing her, stop calling her, stop going her to home.”

He adds, “Penrose behaved as if he were judge, jury and executioner of justice.”

The department’s internal investigation upheld Mr. Hanson’s complaint, writing, “Officer Penrose conducted himself in an unprofessional manner, which is a violation of department rules. He did not need to approach you in the manner in which he did and it would have been more appropriate to ask you questions, in a non-accusatory manner, so that he could have concluded his investigation. Therefore the complaint has been classified as sustained.”

Where we part ways from Rich Rifkin’s column is his attempt to dismiss or diminish complaints that many African-American students and residents have about their treatment by law enforcement in this community.

“There’s no way to know if Bush and Wren were mistreated because of their skin color,” writes Mr. Rifkin. “However, it’s not the case that most black residents of Davis are being abused by the police. And it is not the case that most police misconduct in Davis involves black victims.”

While both statements are accurate in the literal meaning of the words, neither one is particularly probative.  The fact that most black residents are not being abused by the police is not particularly meaningful – it is quite likely that areas where there have been and were indisputable problems between the police and the black community, or that the number of citizens directly abused by the police, never rose to 50% plus one.

Oakland, for example, has documented problems with their police force, to the point where they have been put into federal receivership.  This morning it was announced that they are restructuring their department into five smaller units. “In a smaller area, the theory goes, the captain will be able to reach out to more community leaders in a city with a long, troubled history between its police and residents, especially in African American and Latino neighborhoods.”

Despite these problems, what percentage of the black community do you think has been personally “abused” by Oakland police?  If the number rose to 10% I would be stunned.  So Mr. Rifkin has created what can only be described as a straw man argument.

At the same time, in a community where less than five percent of the residents are African-American, it is less than meaningful to assert, factually, that most police misconduct in Davis does not involve black victims.

The more important question – and I suspect Rich Rifkin both knows and avoids it – is whether blacks are disproportionately represented amongst victims of Davis police misconduct.  Mr. Rifkin never addresses this point in his column.

Furthermore, it would be helpful to know what percentage of African-Americans in this community believe that they have been treated in a biased manner by the Davis Police.

But of course, those questions and answers are not addressed by Mr. Rifkin.  He wants to make the more simple point, which is embedded in his last two paragraphs.

He quotes Tatiana Bush from the California Aggie, where she says, “It’s disgusting how (Davis police) treat African-American students, and I won’t stand for such things.”

Mr. Rifkin concludes, “I agree with Tatiana Bush that it is disgusting how she and Wren were treated. But if cases like Hanson’s received equal publicity, it would become clear that victims of police misconduct come in all colors.”

Rich Rifkin, unfortunately, does a real disservice here.  When Mr. Hanson spoke to me on the phone last spring and when he came before the Davis Human Relations Commission, he noted that he suffers from mental illness.

As we know, the police often times struggle in their responses with individuals suffering from mental illness.  So yes, it is true that victims of police misconduct come in all colors, but it is also true that people of color are not the only category of people that the police struggle with at times.

Finally, as we reported back in February, allegations of bias against the first arriving officer, whom Ms. Bush identified for the Vanguard as Lee Benson, was not sustained, meaning that the evidence neither clearly supported or refuted the allegation, so the allegation of bias against the second arriving officer was found to be unfounded, meaning no evidence existed to support the allegation.

At the same time, and left unanswered, is whether the police officer would have responded the same way to two white individuals engaged in a loud dispute outside of their apartment, as Mr. Wren and Ms. Bush were.

The police may have lacked evidence to support or refute Ms. Bush’s contention, but that does not let them off the hook or allow them to escape public scrutiny here.

This is, in fact, the most crucial question here, because if you ask most African-Americans, they will answer that two white people’s dispute would have been handled differently and ended with a different result than the Wren-Bush matter.

This becomes unprovable.  Mr. Rifkin, tacitly at least, argues that Mr. Hanson’s case proves that such overreaction can happen with white subjects, but perhaps all that proves is that the police respond to people suffering from mental illness similarly to the way they respond to African-Americans.

The Davis Police Department has come a long way since the days of 2006.  They run a professional Professional Standards Unit, with strong layers of oversight.  They are willing to sustain complaints and it appears they are even willing, when it warrants, to properly discipline their officers.

That being said, this is an issue that we saw in December remains a sore point in this community, and the police need to figure out ways to improve in this area.

—David M. Greenwald reporting

About The Author

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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44 Comments

  1. David M. Greenwald

    Morpheus: I know you believe that the police would treat two white individuals the same in the Bush-Wren case, I just don’t. BTW, Lee Benson used to be a Sheriff’s Deputy, did you know him?

  2. Morpheus

    We can agree to disagree on this one.

    That being said, I do not think that it is fair to generalize your grivance that you don’t believe that “THE police would treat two white individuals the same.” [Emphasis added] This is where I take exception to your ongoing anti-cop theme. There are a very small percentage of officers in every department who percieve people of other races differently – believe it or not, but cops are human, and they bring with them their own personal biases, agendas, and prejudices. It is simply wrong to impute to all law enforcement officers the poor behavior of a very few. Of course, it’s much easier to villify THE POLICE in general rather than trying to weed out the bad ones.

    Also, in your story, you bring up the assertion that Mr. Hanson suffers from mental health issues, and intimated (if not suggested) that this may have been why Penrose treated him so poorly. Do you have anythign to back this up? Anything to demonstrate that Mr. Hanson’s mental health issues were manifesting themselves on that date? Or could it possibly be that Ofcr. Penrose is just an a**hole who doesn’t play nice with others? I suspect the latter.

    I don’t know Lee Benson.

  3. JustSaying

    “Mr. Rifkin, tacitly at least, argues that Mr. Hanson’s case proves that such overreaction can happen with white subjects, but perhaps all that proves is that the police respond to people suffering from mental illness similarly to the way they respond to African-Americans.”

    This is a most odd way for a social scientist to evaluate, and generalize about, variables. Perhaps.

  4. Alan Miller

    There are assholes. All racists are assholes. Not all assholes are racists.

    Some cops would treat people of some races differently. That is known.

    Whether that happened in this case is not known.

    Implying that it could even though it cannot be proven . . .

    . . . worthless.

    We cannot prove it, but we have an agenda, so we’ll imply that we believe that it probably is, therefore many people will think that it is, and we can maintain the energy of our agenda.

    That is great for people who talk only to people who believe as they do, and makes them feel good about themselves as they confirm themselves with others who agree with them.

    It does nothing to bring people together or change hearts and minds. It holds at bay those who may otherwise have listened.

    Wothless.

  5. medwoman

    I do not believe that articles such as this are worthless. It depends on what your expectation is from the author, and what your expectation is from yourself. If for example, you only perceive value when you agree with the author, either from the beginning, or by the end of the article, then I agree, it is worthless. However, if you read with an open mind and the intent to challenge and perhaps rethink your own position, it can have value even if you do not end up in agreement.

  6. David M. Greenwald

    “This is where I take exception to your ongoing anti-cop theme.”

    I don’t believe I have an ongoing anti-cop theme, I think I have an ongoing anti-bad cop theme and there is a considerable difference.

  7. David M. Greenwald

    “This is a most odd way for a social scientist to evaluate, and generalize about, variables.”

    In the absence of data, we have anecdotes and speculation.

  8. medwoman

    Morpheus

    “It is simply wrong to impute to all law enforcement officers the poor behavior of a very few. “

    Of course it is wrong to impute to “all law enforcement officers the poor behavior of a very few”. But with this statement, you seem to be making the identical error of which you are accusing David. Unless you have actual data to prove your claim that the racist behavior in question would be rare, then you are arguing as much from your own personal bias as he would be. If you have supporting data for your claim, I would be interested to see it.

  9. JustSaying

    [quote]“This is a most odd way for a social scientist to evaluate, and generalize about, variables.”

    “In the absence of data, we have anecdotes and speculation.”[/quote]My point, exactly. So glad we are in agreement.
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  10. JustSaying

    [quote]“This is a most odd way for a social scientist to evaluate, and generalize about, variables.”

    “In the absence of data, we have anecdotes and speculation.”[/quote]My point, exactly. So glad we are in agreement.

  11. Morpheus

    David – I know you may not see your on-going anti-cop theme, but I think that even the most left-wing follower of your blog would have to admit it’s there. It’s too bad, too, because it colors the rest of your otherwise thorough and very good investigative reporting, especially into the unconstitutional, unethical, and arguably illegal activities of certain members of our local DA’s office. For a specific example, note your frequest use of the generic term “THE POLICE” when describing racist behavior, instead of referring to the individual cop who happens to be an a**hole to members of a given group.

    Medwoman – are you serious? You want me to prove a negative? Personal biases aside, how about using your common sense? Or do you really think that racist behavior by cops is commonplace? I’m usually in (close to) complete agreement with you on this blog, but you are missing the boat on this one. I submit that the vast majority of police officers reflect our society in general and are are good people trying to do good things. Prove me wrong. I dare you.

  12. Frankly

    Medwoman – [i]If you have supporting data for your claim, I would be interested to see it.[/i]

    Let me use a hypothetical to see if you can come around.

    David says he is anti-bad cop, but he frequently takes single encounters to paint a picture of a bigger problem with law enforcement. You say that there is a burden of proof for those that deny this.

    So, let’s take a single incident where a black kills another person with a gun. If then, as a result of this single incident, or even if there are a few similar incidents, I make a claim that blacks as a group tend to have a problem killing people with guns. Now, having done that, based on your post, the burden of proof should be on the person that would dispute that claim?

    I think you have this backwards. Claims of racism require the data and proof. It is a claim that should get no leniency in terms of burden of proof. You can thank the same people that demand hate crime laws, and people fond of prosecuting people or groups accused of racism in the public arena, for this. The damage that can be done a person with a racism claim is now so profound that we cannot tolerate unproven claims. In fact, IMO, we need to start punishing people that spout unsubstantiated, improvable claims as being liable for damages.

  13. David M. Greenwald

    Morpheus: I think you are misreading my use of the term, “the police.”

    The term originate in Rich Rifkin’s column: “However, it’s not the case that most black residents of Davis are being abused by [b][u]the police[/u][/b]. And it is not the case that most police misconduct in Davis involves black victims.”

    My subsequent use is primarily in response to Rich’s statement.

  14. David M. Greenwald

    “David says he is anti-bad cop, but he frequently takes single encounters to paint a picture of a bigger problem with law enforcement.”

    Which is taking a specific situation to draw a broader inference about problems. But let’s use one example – I stated that the police have difficulty in situations that involve dealing with people with mental health problems. Google it and you’ll see studies and documented cases. Does that mean that all police do or that this is a widespread enough problem to draw attention to it.

  15. Frankly

    [i]I stated that the police have difficulty in situations that involve dealing with people with mental health problems. [/i]

    That is like saying that cops find eating oranges to be sticky.

    Name one other group that does not have problems dealing with people with mental health problems.

  16. Mr Obvious

    [quote]Name one other group that does not have problems dealing with people with mental health problems.[/quote]

    Name one other group that gets called as much as the police do to deal with out of control individuals with mental health issues.

  17. Rich Rifkin

    Sorry to have joined this discussion so late. I’ve been busy with work all day, and when I had some time I used it to try to figure out a dollar-figure I needed to know for my column this week, regarding the fire-staffing plan that the City Council chose not to adopt.

    DG: [i]”… if you ask most African-Americans, [b]they will answer[/b] that two white people’s dispute would have been handled differently and ended with a different result than the Wren-Bush matter.”[/i]

    I am not so sure that ‘most African-Americans’ would reply as you suggest. However, let’s stipulate that they would. One point I tried to make in my piece is that cases like Bush-Wren, where there is an allegation of racial bias, get a lot of media attention. Similar cases without such a claim get less or no attention by the press. If all cases were treated equally by the media, then the perception by ‘most African-Americans’ that such negative interactions with the police in Davis are exclusively the domain of non-white residents would change.

    As to Mr. Hanson’s medical condition: I do not believe, other than the fact that he was recovering from surgery when he was harangued by Officer Penrose, it had anything material to do with his case.

    I also do not believe that it is fair or ethical for you to publicly imply that Mr. Hanson was guilty–“Officials last year told the Vanguard that the allegations had a tremendous amount of foundation to them and there was substantial evidence that Mr. Hanson was indeed stalking the woman”–unless you produce culpatory evidence or directly quote your source. Further, I strongly doubt those ‘officials,’ due in large part to the fact that they did not ever bring a case against Mr. Hanson. If DA Reisig had solid evidence, I believe he would have prosecuted.

    Having spoken with Mr. Hanson in person for nearly two hours, and having heard Mr. Hanson’s full account and his entire background, I found him to be credible. I believe the Vanguard’s characterization of him as ‘mentally ill’ serves only to demean his position. No one has suggested that when Andrew Penrose was screaming at Steven Hanson in public that Hanson misbehaved or acted ‘crazy.’ In fact, it was just the opposite. Hanson was afraid that the other cops who positioned themselves behind him would physically attack him if he stood up to Penrose. So Hanson, recovering from surgery, just stood there and behaved properly.

  18. medwoman

    Morpheus

    I do not believe that this is an issue of proof at all, let alone proving a negative. I do believe that it is about substantiating one’s opinions with some evidence. I do not pretend to know whether or not such evidence exists, but will give you an example of what I would feel represented “evidence”. If there were studies that showed percentages of police who scored neutral on psychological tests that demonstrate a subconscious preference for one race over another outweighed significantly those who were biased, I would accept that as evidence.

    I rarely buy “the common sense” argument, as “common sense” is frequently wrong.

    However, having said that, I also agree with you that the majority of police here are honest, ethical and trying to do the right thing. I am not sure that I believe that is true across the board for all police departments. Oakland for example ?

  19. medwoman

    Frankly

    “Let me use a hypothetical to see if you can come around. “

    If I can come around to what ?
    All I was asking for was evidence to support a given position asserted by Morpheus. I would like to see more evidence from David also if he feels that this is a major issue for our police as I do not feel that position was well supported.
    If you are thinking that I will ever “come around” to a conclusion without some evidence, then I have clearly failed to convey how I arrive at my beliefs.

  20. JustSaying

    “Which is taking a specific situation to draw a broader inference about problems.”

    And such an endeavor carries a special burden to prove that the connection (between the small specific and a big problem) is a real one. I’m not convinced that treatment in the Wren-Bush case involved racial discrimination or that treatment in the Hansen case involved mental illness bias.

    As with many of the charges of DA, sheriff, court and police mistreatment because of race that appear in the Vanguard, this one is not sustained, meaning that the evidence neither clearly supported or refuted the allegation or that little effort was made to provide any evidence at all (just a gut feeling).

  21. Nemesis

    David, reading your article and the responses to it makes me that much more grateful that you have thick enough skin to bring these issues to the public. To call you anti-police or anti-DA is an easy way to try to dismiss the important issues you bring to light. Most communities never get the chance to hear the problems with the police department, the DA’s office or the court system in general. Nothing can be changed if the community doesn’t understand it’s problems. Racism in police departments is a problem everywhere and if you think it doesn’t happen here means you are walking around with your eyes closed and your head in the sand.

  22. Rich Rifkin

    DG: [i]Oakland, for example, has documented problems with their police force, to the point where they have been put into federal receivership. … Despite these problems, what percentage of the black community do you think has been personally ‘abused’ by Oakland police?”[/i]

    As it happens, I not only was born in Oakland–I smartly chose to move to Davis in 1965 when I was a 1-year-old–but I lived in the W. Oakland ghetto* for a few years in the early 1990s, at the very peak of the crack cocaine epidemic.

    While there, I personally witnessed on several occassions what appeared to be police-on-citizen violence**. That neighborhood was nearly 100% black and the victims of police brutality I saw were all black. All of the cops in those cases were black, too, save one who was either Hispanic or white.

    The first time I saw (out of my window) two uniformed cops on foot chase a 12-year-old boy on his bicycle, catch him, bust up his bike and pound the sh!t out of him, I was in shock. I had no idea what was going on. A neighbor, who saw and heard the same thing, told me the next day that the kid was a paid look-out for a drug-dealer, and the cops “got him” because every time they tried to bust that drug-dealer, one of his little-kid lookouts would alert him in advance. The cops were trying to send a message.

    But I guess that did not work, because later on I saw more-less the same thing. And then a few months after that, I saw a cop run down an older teenager (maybe 15-years-old) and after he handcuffed him, three cops in a patrol car drove up and started kicking the kid. That last case was different from the first two, as it happened really late–I was just coming home from San Francisco after midnight–and those cops were “housing authority” not City of Oakland cops. However, I suspect that the kid who was kicked was likely involved in the crack cocaine business.

    FWIW, I never officially reported any of the three incidents to any authorities. I certainly was not going to go to the OPD and risk them going after me. I thought about going to the FBI, but it seemed pointless. I didn’t know the names of the cops, and I am quite sure those victims did not file any sorts of complaints. So I doubt even the FBI would have done anything.

    *My partners and I, with limited partner investors and loans from thrifts, bought old industrial buildings and rehabbed them into live/work lofts. The unit I had on Adelaide Street in Oakland was a 2,000 s.f. undivided space in what had once been a rag factory.

    **I personally had no problems with the police. I was the victim of a burglary (by one of the local drug addicts, who was told to rob my place by his drug dealer, who knew I had left for the weekend). He stole all of my expensive tools and my TV and computer and so on. And I also experienced racist (but non-violent) behavior from the black Muslims wearing bow ties every time I went to the grocery store, where they were trying to sell bean pies to black folks only.

  23. Frankly

    [i]If you are thinking that I will ever “come around” to a conclusion without some evidence, then I have clearly failed to convey how I arrive at my beliefs. [/i]

    Sorry medwoman. Bad choice of words on my part. I thought since you were questioning my points, you had the opinion that cops were bad dealing with people with mental health problems unless someone could come up with evidence to prove otherwise.

    But, I no longer see that post… guess Mr. Don deleted it for some reason. Maybe he is a content cop and he thinks I have mental health problems.

  24. medwoman

    Frankly

    No problem. Thanks for the laugh.
    And. as for Mr. Don, it would appear that he has dealt adroitly with both our mental health issues for quite a while now .

  25. medwoman

    [quote]Name one other group that does not have problems dealing with people with mental health problems.

    Name one other group that gets called as much as the police do to deal with out of control individuals with mental health issues.[/quote]

    Name one other group that is given as much power to use as much or as little force as they believe is necessary to deal with out of control individuals with or without mental health issues. With exceptional power should come exceptional expectation of ethical and responsible behavior.

  26. Frankly

    [i]With exceptional power should come exceptional expectation of ethical and responsible behavior.[/i]

    That is a fair point as long as we also are objective about the role of policing, the type of people and situations that cops have to deal with, and the danger cops face.

  27. Nemesis

    Frankly

    A lot of the issues that cops face today are directly linked to the way they now police. Police used to protect and serve the public with a more neighborly attitude using force as a last resort, now they have become militarized and many times use force as a first option.

  28. medwoman

    Frankly

    [quote]That is a fair point as long as we also are objective about the role of policing, the type of people and situations that cops have to deal with, and the danger cops face.[/quote]

    This also is a fair point. And would lead me to conclude that police in a town such as Davis, where it would seem that facing serious danger is an unusual circumstance, not the norm, would be very, very slow to use significant force while this might not be the case for a community such as Oakland.

  29. Rich Rifkin

    [i]”… they have become militarized and many times use force as a first option.”[/i]

    This is largely a byproduct of much higher compensation paid to cops compared with 20 years ago and more, when police made much more modest incomes. As a result of making a lot more money, cops value their own personal safety far more than they did in the past. This is human nature. They feel they have a lot more to lose by putting themselves in harm’s way.

    An additional factor, due to higher compensation for cops, is that, if they get hurt on the job, it is much, much more expensive to cover their expenses, either worker’s comp or, in some cases, industrial disability. So police chiefs and city managers have a strong incentive to order cops to err on the side of never getting hurt, even if that imperils the public and winds up killing suspects.

    A good example of this, locally, was the case of a car-jacking in West Sacramento ([url]http://www.davisenterprise.com/local-news/crime-fire-courts/yolo-causeway-closed-hunt-for-gunman-under-way/[/url]), last year. The police chased the suspect along the Causeway toward Davis, where he crashed his stolen car in the median, and set out on foot. Before he got to the end of the Causeway, the thief jumped over the edge, down to the rice field below. The highly-paid cops were too afraid to make the jump, as well. Twenty or twenty-five years ago, making $10 an hour, 5 or 6 rookies would have certainly run this guy down. But the $150,000 to $200,000 a year officers from the CHP were not about to put themselves at risk.

    So they just stood there, on top of the Causeway, until someone arrived with a ladder, to let dozens of them down to the rice field.

    As a result, the police shut down the Causeway for about 14 hours that day in both directions. Traffic was backed up to Vallejo.

    Meanwhile, the thief ran away on foot, then hot-wired a tractor and rode it all the way back to West Sac, where he stole another car and eventually got to Arden-Arcade.

    Later that day, when the cops found him, in a parking lot of an apartment complex, in the last of his stolen cars, they shot him dead from 20 yards away. Considering what happened at the Causeway, where he easily eluded 50 police “giving chase” (but really doing nothing), they decided, as you say, to use force as a first option.

    Had all this happened in 1982, not 2012, the police probably would have run him down in the rice field and the incident would have ended peacefully in 15 minutes. The thief would be alive. Maybe one or two cops would have been injured. And the Causeway would not have been shut down for 15 hours.

  30. Nemesis

    Rich Rifkin you reference decent points but you seem to have forgotten the main difference between 1982 and 2013. Homeland Security has changed policing from what we grew up expecting to what it has become today. Police forces now use military style weapons and tactics on a regular basis. There are investigations looking into how often and under what circumstances SWAT teams are dispatched. They used to be used for very limited reasons, now they are routinely busting down doors and using shoot to kill training when making drug busts even with flimsy accusations. The rest of the police seem to be taking cues from these extreme tactics; look at the way peaceful protest is dealt with in this country now.

  31. Nemesis

    The more powerful a police force feels the more racism creeps in. This being a small town the police force has a lot of power and when the media is biased or afraid to report incidents against the police we as a community suffer by not knowing the full story. If you look back on David’s blog you can see that all the absurd stories involving the police or DA’s office show racism. The people effected are of color.

  32. Frankly

    [i]This is largely a byproduct of much higher compensation paid to cops compared with 20 years ago and more, when police made much more modest incomes. As a result of making a lot more money, cops value their own personal safety far more than they did in the past. This is human nature. They feel they have a lot more to lose by putting themselves in harm’s way[/i]

    I have been pondering this for most of the day, and I am still not making the connection. I really don’t think pay levels have much to do with the risk-taking you describe. I think it has more to do with attorneys, law suits and disability claims causing changes to police protocol. Probably more the former than the later.

    I know cops and they would love to jump from buildings and bridges and chase down bad guys on the run. However, that type of action is motivated by adrenalin and it tends to lead to the cops whacking the guy once they catch him. In the old days, they could whack a suspect after that suspect attempted to run from them and was caught. Now they cannot without getting sued and tried in the court of public opinion rife with cop haters. So, they have new police protocol that precludes from taking action.

    Thank the lawyers and the cop haters for that change. And, these two groups are also real quick to blame the cops when they don’t take action.

    After reading what you wrote… that Oakland cops would whack these kids supporting drug dealers and running away. I was thinking that the kids probably got some of what they deserved and needed. They knew they were breaking the law in a BIG way. What might you suggest for a disincentive that they would respect and respond to? Do you think a stern talking-to might do the trick? Or, how about some harsh questioning and then a release since the courts don’t really have much time or patience dealing with kids running from the cops… even if they ARE accused by the cops of supporting drug dealers.

    Most of those kids are doing what they are doing because they lack a dad that would whack them for what they are doing.

  33. Alan Miller

    I am perplexed by the logic of the 9:16am screed though I generally agree with the premise of the original Enterprise article; my mind inexplicably keeps replaying a perplexing image of Rich Rifkin in a cape leaping off the Yolo Causeway and giving chase through a corn field.

  34. jimt

    Rich–good illustrative car-jacking anecdote and comments on the police “chase”. I agree with Frankly that attorneys, lawsuits, and disability claims are largely (but not completely) responsible for such changes to police protocol (and attitude toward risk-taking). Another factor, though not always a major factor, is just physical condition: although many cops are in very good or even athletic physical condition; many are also in very poor physical condition and often grossly overweight; would be hard-pressed to heave themselves for a rolling 50-yard run without a big huff&puff. Many of them couldn’t catch up with a 6-year old kid. I’m a bit surprised it’s not more of a matter of pride for all policeman to keep themselves in top physical form, especially as they move into their 40s and older. I’m in my 50s and can still run a couple miles; I just have mainly healthy habits and get some moderate exercise most days. Perhaps keeping physically fit should be encouraged more for policemen; by being more fit there can also be less of a need for the police to resort to using weaponry.

    I too am concerned about the long-term gradual increasing militarization of police forces almost everywhere in the country. It’s a complex topic; one of the negative associations that both leads to and results from this increased militarization is a distancing/separating-off of individual policemen from the people in the community that they patrol. Much more to this topic; maybe expand in another thread.

  35. medwoman

    “tried in the court of public opinion rife with cop haters”

    One doesn’t have to be a “cop hater” to eschew the use of excessive force by the police. And one doesn’t have to use physical force in order to raise respectful, honest, decent human beings. I think it is a very violence glorifying point of view that someone will somehow learn to be a better person by being physically hurt to “teach them a lesson”.

  36. JimmysDaughter

    “I was thinking that the kids probably got some of what they deserved and needed.”

    No kid needs to be beaten by anyone, especially a police officer. Violence begets more violence. Violence, especially violence towards children, is not the solution.

  37. Rich Rifkin

    [i]” If you look back on David’s blog you can see that all the absurd stories involving the police or DA’s office show racism. The people effected are of color.”[/i]

    He is not reporting most police stories. The ones you see are ones he hand-selects which fit his biases.

  38. Rich Rifkin

    [i]” my mind inexplicably keeps replaying a perplexing image of Rich Rifkin in a cape leaping off the Yolo Causeway and giving chase through a corn field.”

    I could outrun the fat cops who need a ladder to get off the Causeway.

  39. Rich Rifkin

    FWIW, capes are old school. I never wear a cape. When I go leaping off a Causeway, I do it with my LeBron James signature Nikes.

    [img]http://www.5thquartermag.com/wp-content/uploads/2012/08/lebron-x1.jpg[/img]

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