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Scooped by
Rob Duke
onto Police Problems and Policy |
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![]() So, what are the changes proposed by AB931?
![]() A source close to the investigation told CBS11 the male police officer was shot in the back of the head. The female officer was shot in the face, according to the source.
![]() TRENTON, Fla. — Two deputies in Trenton, Florida were killed in the line of duty on Thursday.
![]() A federally-funded study into police brutality found that in over 1 million police calls, the “use of force” occurred in just 1 of 1,167 cases, or 0.086 percent.
![]() After the Stephon Clark killing, there's a huge difference of experience between police who say they must make split-second decisions, and some minorities who allege constant mistreatment by the police.
Rob Duke's insight:
PAJ Waddington argues persuasively that Sir Robert Peel calls for the formation of the London Metropolitan Police in 1829 because he sensed a shift in the inclusive definition of "we" to include the workers. Throughout history, those included in the "we" had more rights than those in the "them" definition. We're even allow to wage "war" on "them". By shifting the "police" power away from the army and creating a new uniformed, respected civilian force with relatively few powers, Waddington argues, Peel's evolution of the socioeconomic institutions prevented further protests like what the French had already experienced in 1789, because there was no need--the "we" designation had already been awarded to the workers. Gordon Tullock, a Nobel Laureate economist, argued that the English Civil War, which eventually led to an offer of the throne to William & Mary under certain conditions (acceptance of the English Bill of Rights, repeal of the Seditious Act, etc.) was the precursor to the Industrial Revolution. The idea here is that prior to the adoption of these institutions, anyone with the monarch's ear could put the proverbial thumb on the scales of justice and suppress and persecute. By extending rights and giving people the right to talk about persecution, England had found a way to govern more fairly and the result was innovation and economic expansion. I argue that this was the causation that Peel responded to in 1829. I'd also point out that the last 30 years has been another dramatic change in the economy. It's difficult to see what's happening while one is in the time (much easier to have 20:20 hindsight), but it appears that we are again experiencing a shift in the definition of the inclusive "we". The causes are murky, but the rise of apps to help people engage in a sharing economy (craigslist) and messaging (insert any of 1000 aps here) has made it easier to engage in the underground economy without as many of the spillover effects as we experienced in the past. We now have less of a perception of an Al Capone run network and more of a "everyone in the ghetto has a hustle" understanding of crime. I'd say there's more of a recognition of the human tragedy of it all. This, in turn, has made the metaphors of the "war on drugs" and the "war on terror" to be outdated and bordering on unacceptable to even those who we have traditionally extended the inclusive "we". To those standing outside, in the ghetto, in the poor neighborhoods, in public housing, etc., they now see these metaphors as repugnant. Furthermore, they now resent the police and no longer accept them as a necessary presence. So where does that leave us? I think it calls for a dramatic change in the way we manage social control in neighborhoods. I suspect that no one in my generation has that answer since we're too close to the old way of doing things, but I'll throw some darts at the dart board blindly, here's some things we can consider:
Those are my 2 cents. We've so far always had the ability to identify when it was time for planned change. My hope is that we're not too late.
![]() California police leaders on Monday sharply criticized lawmakers for blindsiding them last week with a proposal to change the circumstances under which officers can legally kill a suspect.
Rob Duke's insight:
The problem with political theater is that while the legislature understands that this bill isn't meant to be passed as drafted, but to just start a conversation; often the general public won't make that distinction and we'll start having even greater misunderstandings with our communities.
![]() In the immediate aftermath of London, England murder rate hitting historic levels, Mayor Sadiq Khan announced a new plan to completely ban knives, according to The Daily Wire.
![]() University of Chicago students and faculty rallied on Thursday afternoon to protest actions by campus police and the availability of mental health services after a student allegedly suffering from a mental health crisis was shot as he approached an officer with a metal pipe.
Rob Duke's insight:
This is a false narrative. It's not the cops have too much power (at least not solely), but it's also about the way we've decided to deal with our mentally ill.
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From
my
Several state lawmakers and the family of a 22-year-old unarmed black man fatally shot by police are proposing Tuesday that California become the first state to significantly restrict when officers can open fire.
Rob Duke's insight:
I don't see a problem with disclosing use of force records and other allegations of improper behavior (e.g. on duty sexual assault). I don't see how the new standard of only "necessary" force will ever work out to anything other than "reasonable" force. I think that's what the court concluded after 3 years of Tennessee v. Garner (1986) and why they adopted an objective reasonableness standard with Graham v. Connor (1989). It was too difficult to know when a due process standard was violated because use of force rarely escalates by regular steps. Cases tend to be the milk-toast handled with hands, sticks, mace or escalate in a flash to deadly force. Take the FLIR video in this case. The suspect has his hands extended in what I can only describe as a shooter's stance. It's unfortunate that he was only holding his iPhone, but what would officers have done differently if they had only been allowed to use necessary force. I think the court is still going to have to get in the officers' minds and ascertain what would another "reasonable" officer have done in this situation. Let's explore the options: 1. use a baton or mace or taser; 2. flee back the way they came; 3. tackle him; 4. shoot him. #1 and #3 both have the same problem: if he's holding a gun, one or more officers are dead before they reach him. #2 runs the real risk that they can't get back to the safety of the next corner before the suspect closes the distance and, then, if he's holding a gun, the officers have lost the "cover"/"concealment" of the corner of the house. It seems unreasonable to ask officers to make a choice between some safety and abandoning that safety. #4 again seems to be the only real solution, though it sometimes ends in tragedy.
![]() The name of the officer involved in the shooting, Sgt. Daniel Cox, a 20-year Department of Public Safety veteran, was not released until Tuesday, which is in accordance with agency policy.
![]() Attorney General Jeff Sessions today announced the launch of the Collaborative Reform Initiative Technical Assistance Center (CRI-TAC) during the International Association of Chiefs of Police (IACP) Division Midyear Conference in Nashville, Tennessee. The CRI-TAC brings together a coalition of the United States’ top public safety organizations under the leadership of the IACP to provide tailored…
![]() A Texas police officer responding to a high speed chase is getting a lot of attention after he was spotted wearing body armor and plaid shorts.
Rob Duke's insight:
Never to be lived down around that police station---ever! At least they weren't parachute pants.
![]() "I told the officers, ‘You guys are murderers,'” Stephan Clark's grandmother said after Clark was shot and killed by Sacramento police.
Rob Duke's insight:
This video is a trifle better, but not much....
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From
abcnews
A Port Authority of N.Y. and N.J. commissioner has resigned after she is seen berating two police officers during a traffic stop involving her daughter, video shows.
Rob Duke's insight:
A day in the life of a cop....
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From
newrepublic
In the beginning, the Bill of Rights only constrained federal power over Americans. States were largely left to their own devices when protecting their own citizens’ liberties. After the Civil War, Reconstruction’s overhaul of the founding charter also rewrote the balance of power in favor of federal protections. The Supreme Court has spent the last century using the Fourteenth Amendment to apply the Bill of Rights to the states, amendment by amendment and clause by clause.
Rob Duke's insight:
Asset forfeiture alters the institutional incentives and disincentives of both the criminals and the cops. While it may be a form of deterrence, too often police departments focus their enforcement efforts on those activities likely to produce forfeiture. This is bad for governance because it creates the impression that the police enforce the law differently depending on what's in it for them. I think there should be a form of asset forfeiture, but I think it should be controlled by the prosecutor with all proceeds going to some other funding beneficiary (e.g. courts, schools, or the general fund). This would keep the deterrent effect (if any) for criminals without the risk of cops becoming modern day Sheriff's of Nottingham.
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From
www
On Thursday, they also got an apology from Philadelphia Police Commissioner Richard Ross, a black man who at first staunchly defended his officers' handling of the incident.
Rob Duke's insight:
Many states require officers to accept a private-person arrest. In other words, the officer's discretion is limited. See Pennsylvania's code: Chapter 91. Detainers and Extradition - Title 42 - PA General Assembly
I draw on a study by Nas, Price and Weber, economists who suggest that failure to follow the law is acceptable under three conditions: 1. when enforcement will result in a clear injustice; and/or 2. when the group upon whom the enforcement negative impacts will most likely fall, have some legitimate interest that is not being heard because they do not have access to the levers of power for some reason. This can be due to a lack of power or a lack of knowledge; and/or 3. social norms have moved more quickly than has the law (see cannabis policy as the most glaring example of this).
I think this economic tool list is appropriate for policing and recommend that we consider empowering officers not to use discretion whenever they want, nor when it benefits the officer, but when one (or more) of these findings can be made. I have called this "beneficial corruption" (b/c), but when I've shopped an article with this nomenclature, reviewers and editors have balked at endorsing any kind of "corruption". I've been trying out the idea of "beneficial discretion", but still don't like it as well was b/c.
Nas, Tevfik, Albert C. Price, Charles T. Weber, A Policy Oriented Theory of Corruption, The American Political Science Review, Mar. 1986.
Imagine if officers had been empowered to use discretion in this case...even when a private party demanded an arrest.
![]() Leaders of law enforcement organizations agree that if blue lives matter, so do police suicides. “There aren’t hard and fast stats, but we believe there’s at least one suicide every day in law enforcement,” said Chuck Canterbury, national president of the Fraternal Order of Police, an organization of law enforcement officers with more than 330,000 members.
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From
www
Portland Mayor Ted Wheeler, the sole possessor of bureau assignment powers on City Council, said Portland doesn’t have a governance system where the mayor is in a position to hold a police commissioner accountable.
![]() Little Rock police have released video and audio recordings that detail the moments before an officer fatally shot a 28-year-old man as he sped toward a brick wall last fall.
Rob Duke's insight:
When you look up in the dictionary: "E-ticket ride" this is what should come up.
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From
www
A 12-year-old video showing a sheriff discussing the cost of inmate and suspect deaths has sparked controversy in Kern County, where he is facing re-election.
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From
abc7
Los Angeles County District Attorney Jackie Lacey commended Sacramento's police chief for asking state Attorney General Xavier Becerra to conduct a separate investigation into the SPD fatal shooting of Stephon Clark, and said she would welcome such an investigation here.
Rob Duke's insight:
This is what we do in Alaska. So, you have 3 investigations going simultaneously: 1. the criminal investigation; 2. the civil investigation conducted by I.A. or other internal investigators; and, 3. the Dept. of Law/Attorney General Designee.
One of our graduates, wrote a thesis suggesting another model, which I like, which would be a completely independent investigation by a unit staffed by retired judges, their clerks and investigators. I prefer this model because it would insulate better from politics, not that I don't trust the AG, but I could see an argument that the AG is still part of the "law enforcement" community, whereas retired judges would be above that criticism.
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Rob Duke's insight:
A County Manager's position is probably...cars with only 100,000 miles that are trashed? Maybe we should focus on taking better care of the equipment.
I'm not even saying that's right, but I bet that is some of what is going on.
![]() Striking the waves of social media this month, a company by the name of Ideal Conceal, has released on its social media platforms a concept for a .380 caliber, double barrel, foldable, cellphone shaped handgun. Essentially this is a derringer in the shape of a smart phone. The design folds down, much like this concealable …
Rob Duke's insight:
I don't know if it was light enough for the Sacramento Sheriff's Deputies to have seen the iPhone--I think it was enough that the perpetrator had his arms out in a weaver stance as if he had a gun, but the uproar about him only having a phone in his hand is hardly comfort for officers who come across all manner of belt buckle and wallet guns. Not to mention guns that are actually constructed to look like iPhones.
![]() n Tuesday, with public attention fixed on a primary election, attorneys filed a document in federal court detailing an agreement few had anticipated — Mayor Rahm Emanuel’s administration had signed off on allowing groups including Black Lives Matter Chicago to consult on and seek to enforce a court agreement that will govern reforms in the troubled Chicago Police Department.
![]() From NPR.org: Sacramento police officers shot and killed 22-year-old Stephon Clark, a father of two who was unarmed, in the backyard of his grandparents’ home on Sunday night. “The only thing that I heard was pow, pow, pow, pow, and I got to the ground,” Sequita Thompson, Clark’s grandmother, told The Sacramento Bee. “I opened that curtain …
Rob Duke's insight:
The clearest video yet is the heat camera (the Flir) from the chopper (it's about halfway down on this page).
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