We Must Demand Professional Policing For All

I am a professional philosopher. That doesn’t just mean I do it for a living. Though I’m glad to be paid for my work, getting paid to do a thing does not make you a professional. Being a professional means that philosophy is my vocation and is closely tied to my self-identity. The norms of my profession have become personal norms; when my profession suffers a crisis, I feel it personally. Even if I lost my job I’d think of myself as a philosopher!

Yet most police officers are not professionals in this sense. Consider the collective horror, shame, and disgust we philosophers have at the abusive behavior of our fellow philosophers: think of what it means to be compared to Colin McGinn or Thomas Pogge. Why isn’t there that kind of horror, shame, and disgust among police officers at the drumbeat of police shootings?

Some police departments do have professional police departments. I’ve written before (for instance here and here) about my work doing civilian oversight of the NYPD, where–for the most part–I observed professionals at work. Yet even there the culture tends to be defensive rather than proactive. They saw civilian investigators as a no-longer-necessary evil, based on long-past departmental misdeeds. Yet we did that work precisely because the department had failed to engage in its own oversight. And corruption and abuse kept appearing, like whack-a-mole, whenever a part of the department found itself unsupervised.

Still, the culture at the NYPD seemed to be slowly changing, and I met many young officers who took their work seriously and evinced a desire for more than an exoneration; they aimed not just to mount a vigorous defense of the legality of their actions, but also to show that they had acted wisely and well, and that failures to do so were blameworthy even if they were not punishable.

I do not see that professionalism in the Baltimore Police Department. It’s quite obvious that the police department in Baton Rouge is not professional in this way. And we now know far too much about the unprofessionalism–indeed the thuggery and extortion–of the Ferguson police department. The list of such unprofessional departments is almost as long as the list of African-Americans killed during routine interactions that would never have led to violence with whites. And that’s just it: the one common feature seems to be that the unprofessional departments are primarily policing African-Americans.

I won’t pretend to give #BlackLivesMatter activists advice; their movement has its own leadership and needs nothing from me. But white citizens are and ought to be outraged by these killings as well, so it’s time for us to think about what kinds of changes to demand. We have a responsibility here and we cannot shirk it merely because we are not citizens of the specific cities or residents of specific neighborhoods that suffer under the boot of unprofessional departments. We must do what we can to professionalize the departments that police our fellow-citizens.

This will be a multi-pronged effort. Some parts will be legal, for instance, adopting a necessity rule:

Even when the police have a reasonable belief that a person is dangerous, the necessity standard does not permit deadly force if non-deadly or less deadly alternatives are available and adequate to meet the threat.

(And yes, the reason many officers are exonerated for their killings is because their states do not require that their use of force be necessary. That’s disgusting.)

We must also change training to emphasize defusing violence before it starts:

The key for the police in such circumstances is to slow things down: to ask questions rather than bark orders, to speak in a normal tone, to summon additional resources if necessary. Pulling out a gun on an anxious person may unintentionally raise his level of stress. In “suicide by cop” confrontations, this can make a bad situation worse.

Finally, we have to change the norms and cultures of law enforcement in the United States, specifically the sense that police departments give their officers that they are besieged by the public and must form a “blue wall of silence.” Law enforcement officers have strong professional norms against whistle-blowing and go further, even covering up each others’ misdeeds. This has become a professional norm of non-judgment of the behavior of officers when they are criticized by outsiders.

This is organized corruption at the national level. The more professional police departments are complicit just because they fail to deplore the activity of their less professional fellow officers. Police departments must respond to criticism by changing their collective attitude to each other and their jobs; they must change their culture. Right now, officers respond to criticism by saying or thinking that “Civilians can’t understand split second decisions.” This is that defensive move. They must become pro-active and use their own professionalism publicly. They must look at videos like the ones that show Alton Sterling being shot, and join in the criticism of those acts. They must say: “Officer, your job is to make split second decisions well and you have failed.”

Remember this article? “I’m a cop. If you don’t want to get hurt, don’t challenge me.

Don’t argue with me, don’t call me names, don’t tell me that I can’t stop you, don’t say I’m a racist pig, don’t threaten that you’ll sue me and take away my badge. Don’t scream at me that you pay my salary, and don’t even think of aggressively walking towards me.

This is what complicity looks like. Officer Sunil Dutta literally claims that calling him a “racist pig” is an excuse for him to use force; Sunil Dutta isn’t white, and that’s the only reason he will say this publicly. Yet he shares this position with many racist white officers, and thus provides them cover.

Police shootings must become not just a national embarrassment among liberals like me; they must be a professional embarrassment for everyone in law enforcement. Police officers should feel personally responsible to make #notallcops true; they should feel on the hook for proving the claim that “these abuses are outliers.” They must come to think that their honor is at stake, and that each and every shooting causes them dishonor.

So the norms of the law enforcement profession must change, and police themselves are unwilling to change them. Thus it falls to us, as citizens, to demand professionalism on our terms. We do pay their salary, and we are accountable for what our employees have done.

That means treating de-escalation and stricter rules of engagement as professional norms, and refusing to defer to law enforcement’s own norms of professionalism. We must conclude that unprofessional departments require civilian oversight, if even the professional departments need it. We must demand that our police departments begin building these new norms into officer training. We must demand that police departments replace the culture of the blue wall of silence with collective professional honor and shame.

The old saying, “Who watches the watchmen?” has an answer: democratic citizens watch. But we must stop merely watching, and act. We must work together to police the police.

New Evidence of Police False Statements

The New York Times has a story on the new CCRB report that includes data on the rise of proveable police deception:

In New York, the number of false statements noted by the agency, while small, has grown in an age of easy and widespread video and audio recording by civilians. In 2014, the agency found 26 instances where they believed an officer gave a false statement to investigators, a total equal to the previous four years combined.

As longtime readers know from my reflection on my work for the Civilian Complaint Review Board, both the standards of evidence and the standards of professional behavior are massively biased towards the police. We’d need to jump a very high bar of evidence to prove that something happened (ostensibly preponderance, but with police officers granted privileged credibility) and then pass a very stringent test to show that the force used was unnecessary.

Beyond the kind of deceptions mentioned here (which only new technologies can expose dependably) there was also pretty rampant “testilying” where officers used only cliches to make their case: “The suspect reached for his waste-band” or “I observed a hand to hand transaction” or “The defendant thrashed his arms and legs” were repeated over and over. It’s court tested language, so the testimony is culturally coached. Perhaps this was how it happened, but the same words came up time and time again to describe the actions of lots of different people in different situations, so you could never know if the officer was describing the fight in question or a different one.

In every discussion of the NYPD, I think it’s important to emphasize that in a department with about 40,000 working police officers, we only got about 4,000 complaints a year, and only substantiated about 400 of those. And there were repetitions, so that maybe 2/3 of those 4000 complaints were against the same 1000-1200 officers.

One way to think about this is that while we “substantiated” only about 10% of the cases we considered, we didn’t “exonerate” the other 90%. Most of the rest of the cases were “unsubstantiated” which meant that we just didn’t have enough evidence to proceed (roughly like deciding not to prosecute.) When combined with the overall testimonial privilege that officers receive, it’s almost certainly the case that a large number of those unsubstantiated cases were also true accusations. That suggests that in the NYPD, at least, the vast majority of officers are good people doing the job well enough to avoid complaints.

I think that’s a good sign: even if we know that there were also officers covering their badges and lying about their names, that’s marginal. The NYPD also spends a lot of money each year on settling lawsuits. So there is still plenty of misconduct to weed out.

Perhaps most importantly, there’s a level of legal, sanctioned violence that amounts to the domination and intimidation of whole communities of Black, brown, and poor people that goes unspoken and ignored.

 

Natural Experiment on Policing Underway

We’re about to find out what would happen if policing decreased by 66%-94%:

It’s not a slowdown — it’s a virtual work stoppage.

NYPD traffic tickets and summonses for minor offenses have dropped off by a staggering 94 percent following the execution of two cops — as officers feel betrayed by the mayor and fear for their safety, The Post has learned. […]

…overall arrests down 66 percent for the week starting Dec. 22 compared with the same period in 2013, stats show.

Citations for traffic violations fell by 94 percent, from 10,069 to 587, during that time frame.

Summonses for low-level offenses like public drinking and urination also plunged 94 percent — from 4,831 to 300.

Even parking violations are way down, dropping by 92 percent, from 14,699 to 1,241.

 

NYPD by Flickr user Brett Sayer

Ask yourself this: is this likely to be better or worse for the city of New York?

A recent study found that older hospitalized heart patients did better when their specialists were away at national conferences. Treatment effects are difficult to test because we tell ourselves that experimenting by withholding treatment is wrong. But every so often the world throws us a natural experiment, where treatment is withheld unavoidably and independently of predicted outcomes.

Many of my collaborators use the word abolition when it comes to police and prisons, and while I balk at that language I can see their point and share many of their goals. Now it looks like we’re going to get some data to help organize our thinking about that debate, because the police have effectively abolished themselves in New York City!