Flagg wrote: Hi Flagg, this is not actually a quotation, but is directed at you as well
Napoleon the Clown wrote:Alyrium Denryle wrote:Napoleon The Clown wrote:How about this: When cops get tried at the same rate as the average Joe, when cops take plea deals at the same rate as average Joes... Then we can start considering them trustworthy. At what rate would you consider cops to be untrustworthy?
Somewhere between what you propose and the status quo, we lack sufficient data to reach a conclusion as to exact rates. The average Joe does not often find themselves in a position to use lethal force
at all and under such uncertain conditions, mistakes will happen and those mistakes do not always constitute a criminal act.
Here's the thing... We know cops can fuck up your life, or end it outright, and often suffer no significant consequences. The cost of running into one of the bad cops (and the rate varies by location) can be extremely high.
The ideal rate of "bad cops" would be zero. But if they were to have the same rate of going to trial and being convicted (with sentencing being the same as for an average Joe) I'd consider police to be no higher risk than the average person.
Here's the thing, though. With more power, there should be more responsibility.
Unless you want police dying in job lots, they will always be a higher risk than the average citizen. Again, they are exposed to danger and react accordingly (with varying degrees of accuracy depending on how good their training is). Training and oversight can be improved to increase their accuracy in threat-evaluation and reduce the degree to which they are cognitively disabled by threat-responses, but there will always be a chance for error that does not exist in the civilian world.
And that is leaving out the implicit racism in threat determination entirely.
There are some police that die on the job as it is, some due to someone with an intent to kill and some because of a crash while chasing a suspect.
Here's a fun little fact. EMTs and every other emergency response profession involves risk of being subject to violence, sometimes with the intent of ending a life. Should EMTs be given the leeway to carry weapons and use them as freely as the police? Alex the EMT might get knifed while trying to save someone's life. Being an EMT is fucking dangerous. But we don't let EMTs run around packing heat and taking down people who "look" like a threat.
People who work night shifts at a convenience store are more likely to be faced with an armed and potentially violent individual than someone working an office job. Should they be allowed to just blow someone away because "I thought he was going for a gun!"? Bank tellers?
In my opinion, a lot of self defense laws are fucking nuts. There seems to not be the "reasonable person" standard written into them for threat determination. Even if it's standard operating procedure and lawmakers figured it should be obvious that for self-defense to be valid it requires a reasonable person to feel there exists, the jurors may well lack the level of education needed to be aware of this standard. And this isn't even getting into racially-driven jury nullification.
As for the lack of a reasonable person standard in self-defense, it is absolutely there. It is a basic principle of common law cooked into our legal system and upheld by the courts. Juries are instructed as to how that standard applies. The problem with police-related cases is that they are given more latitude by juries, not less. This is for two reasons.
1) Most people have a deep respect for law enforcement, and tend to give officers very wide margins of "benefit of the doubt".
2) For most people, dangerous situation are an outside context problem, and so they don't have much of a baseline for what "reasonable" means in functional terms.
The standard that should exist ideally is one of a "reasonable officer", much like how doctors and EMTs have higher standards of behavior if they stop (while not on the clock) to assist at a car accident. What is reasonable for a layperson and what is reasonable for a surgeon (in terms of mistakes allowable before it becomes negligence) are two entirely different things, and this is codified by statute specifically for this purpose. The same should be done with police involved shootings. That way, mistakes like what Officer Yanez made in that stop would legally constitute reckless negligence and legally qualify him for a manslaughter charge. As it stands in MN... the jury was probably not-wrong (as opposed to correct) to acquit Yanez given the state's laws with respect to what reckless negligence constitutes, while applying the usual "reasonable person" standard. Not that he was was certainly innocent mind you, just that there was enough reasonable doubt to not send him to prison. I probably would have voted to convict, but I can see where the jury is coming from there and a rational argument can be made in that case.
As to other people with dangerous professions... are you high? Most bank tellers and store clerks never get robbed at gunpoint, and when they are, their best option is to give the thief what they want and hit the silent alarm. And when it comes down to it, by the time they know they are being robbed at gunpoint, YES they should be and are permitted by law to blow the fucker away with the shotgun they have loaded just behind the counter because at that point their life is in imminent risk.
EMTs don't usually get attacked at all (except by someone high on drugs or insane) and they are trained in how to deal with that. If it comes down to it, they are permitted to defend themselves, but the need to do so with lethal force is vanishingly rare and they are not issued with weapons. In some /really/ dangerous areas they might get some light body armor.
Police by contrast have to deal with potentially dangerous people over and over again on a daily basis. They don't really have the option of giving the person they are tasked with arresting what they want and waiting to be rescued by...themselves. And unlike cases of store clerks being robbed, the police don't know. They don't know if the people they are serving a search warrant on are going to respond violently. They don't know if the car they just stopped is full of drugs, or has a dude high on meth and armed in the driver's seat. Hell, this is America. Just having a gun is not a reliable indicator of criminality. So police have to make threat-determination decisions very fast (because as we have mentioned before, by the time they are absolutely certain, reaction time means it is going to be too late to save themselves or someone else) and as a result, there will be some uncertainty and error.
When those errors happen the following needs to be sorted:
Is it an honest mistake that could have happened to any officer under similar conditions? Then it is a justified but incorrect shooting.
[Example: Getting into a physical confrontation with a suspect, the officer thinks the guy is going for his gun, gets to it first, and puts him down. Turns out it was just arms flailing. Easy mistake to make when the adrenaline is up. Sad, but it happens.]
Was it the result of negligence or gross incompetence? Unjustified shooting, possible criminal charges and probable termination (we hope, and this is where institutionally things need to change).
[Example: Tamir Rice, or that dude who was killed buying a toy gun at walmart]
Was it the result of malice? Alarm Bells! Alarm Bells! Typically, the legal system deals with this pretty well because outright malice is obvious. The only real sticky part being racist juries in South Carolina and the like or places that are just...broken...like L.A. and Baltimore.
[Example: We had a cop here in AZ who was executing suspects... he is now in prison.]
But sorting that out can be very very difficult. Especially the first two.
Better training can reduce the error rate in threat determination and appropriate response, as well as reduce the likelihood of that becoming relevant thanks to better de-escalation training. Better oversight can deal with some of the structural problems (like conflicts of interest with the DA's office), and provide better evidence (body cams, and draconian regs regarding their proper use)
But you know what the one thing you don't want to do is? Demonize the police as an institution, or suggest "solutions" that do not appear to have regard for their safety, or that are too-broadly punitive. This is for a few reasons.
1. Practical
1a. You wont get police support (which you will need to get anything done, given that this shit has to be voted on etc) because officers do not want to die. Police forces are also institutions. They tend to close ranks if they feel like they are under attack from outsiders. This isn't good, it isn't bad. It is just how people behave. This is one of the reasons why barring police from Gay Pride events is a bad idea (beyond the temerity of coming into OUR house and fucking with OUR relationship with local police, which is the result of decades of hard work). They feel like outsiders are attacking them, and stubbornly resist even good ideas regarding reform, up to and including denying the existence of the problem. My cousin works with KS (entirely hilarious coincidence. KS has delivered "Ben says hello" messages for the sake of hilarity before. My cousin was confused. It was beautiful), and while he is usually reasonable... well lets just say he has adopted something of a siege mentality. I can get through to him because he has known me since I was a goofy little thing who just got his first set of glasses and I am practically his little brother. I come at the question from a calm and rational position, from a loving place. But the activists? Fuuuuck. Talk about counter-productive.
What is worse, if you do that shit, all you do is provide an active incentive for police departments to cover shit up even more than they already do, to only go through the motions of doing their jobs, and to be as corrupt as possible.
1b. You wont get public support. Virtually everyone knows a police officer they like. Either a friend, or family member. Maybe a neighbor. In my family there are three generations of police, all in Salt Lake (grandfather, uncle, aforementioned cousin) and then there is KS, who has become a really good friend in the past few years. I don't want to go to their funerals because they were not allowed to defend themselves. I do not want to see them wracked with guilt because they were not permitted to defend someone else. I don't want to see them punished unnecessarily because they made a tragic but innocent mistake. I do not want them to be metaphorically shat upon from a great height because someone decided to punish our civil servants as a class for a structural problem within our society. If you take the positions you have, I--someone who agrees with you that there is a problem that needs to be fixed--will not be supporting your proposals. What the fuck chance do you think there is that someone who needs to be convinced of the existence of a problem is going to come around to your line of thinking? None.
2. Ethical (for these, do let me know if you want to contest the underlying assumptions, this post is already very long and I don't really feel like working on it for another three hours, but I will be happy to devote another block of time if you want to challenge me on the ethics themselves)
2a. Being a public servant is not a suicide pact, and just because someone works for us does not give us license to devalue or shit all over them. Just the opposite actually. Police officers work their asses off and put themselves at risk so that the rest of us can sleep at night, or walk in the park without having to feel fear. We owe it to them to make sure they are taken care of in turn. We cannot be cavalier with their lives and safety, or take an institutional dump all over them. Doing that is just wrong.
2b. Punishing a group for the actions of an individual or a structural problem is not just. The structural problem cannot be dealt with using punishment at all because who do you punish, exactly? You have to fix the underlying causes and change the structures that allow the problem to persist. And you cannot do that in such a way that it creates other unacceptable problems. Individual bad actors have to be punished as individuals.
In conclusion, I suck at concluding statements, so I wont even bother. Just end it abruptly.