“At least 50 journalists in the US have been arrested during Black Lives Matter demonstrations across the US, while dozens of others have also been injured by rubber bullets, pepper spray and tear gas.
The US Press Freedom Tracker has collected nearly 500 incidents from 382 reports, from the unrest in Minneapolis in the wake of George Floyd‘s killing by police in late May, to demonstrations in more than 70 cities across 35 states since.
At least 46 journalists were arrested between the end of May and the beginning of June, according to data collected by the organisation. Dozens of others reported injuries from law enforcement, firing “less lethal” projectiles, tear gas canisters and other weapons into crowds or directly at reporters during demonstrations, even when they had identified themselves and shown credentials, the organisation reports.
Two reporters have suffered permanent eye injuries.”
“When innocent people are falsely convicted of crimes and later freed, in more than half of the cases, misconduct by police and prosecutors played a contributing role.
That’s the primary theme of a new report, “Government Misconduct and Convicting the Innocent,” released today by the National Registry of Exonerations, which has been tracking all known exonerations in the United States for the past 30 years.”
…
“what happens when a person is ultimately exonerated and the truth of police and prosecutorial misconduct is revealed? Are the police officers or prosecutors disciplined for their behavior? Often the answer is no. The report analyzed what happened to cops and prosecutors who engaged in misconduct and found that some sort of discipline was imposed in only 17 percent of these cases. Prosecutors are hardly ever punished for misconduct, even though the report notes that they are equally culpable as cops. In only four percent of cases did they find prosecutors disciplined in any way for misconduct. Just two have been fired, three disbarred, and only two have ever themselves been criminally prosecuted and found guilty of misconduct.
Police officers, on the other hand, were disciplined in some fashion in 19 percent of all exoneration cases involving police misconduct. That’s still remarkably low, but police are far more likely than prosecutors to be criminally charged with misconduct in these cases. At least 30 officers have been convicted. That number may seem low, but the report notes that a single police officer may actually be responsible for several false convictions (most notably in Chicago, which has seen mass exonerations over police misconduct).”
…
” The final quarter of the report is devoted to recommendations: record police interrogations; have forensic crime labs operate independently of police departments to reduce the pressure to fudge results; create special units in prosecutors’ offices to revisit old cases and look for errors; implement open-file discovery and better information-sharing practices with public defenders; and, obviously, institute actual consequences for officers and prosecutors who engage in misconduct that leads to the innocent being convicted.”
“The Virginia Senate last week passed a comprehensive police reform package that would prohibit the use of no-knock warrants and chokeholds in the majority of cases and make it easier for departments to decertify rogue cops. One thing was noticeably absent, though: a ban on qualified immunity.
Qualified immunity makes it exceedingly difficult to sue public officials when they violate your rights, as it requires that any alleged misconduct be outlined almost identically in a previous court precedent. The doctrine has come under fire from all sides of the political spectrum. In June, Rep. Justin Amash (L–Mich.), joined by Rep. Ayanna Pressley (D–Mass.) and several other Democratic members of Congress, introduced a bill in the U.S. House that would have abolished qualified immunity (though it has not received a vote and will likely die without one).”
…
“But Virginia Democrats’ decision to punt on the issue puts them more in line with moderates in the Republican Party—a testament to the power of the law enforcement lobby.”
…
“DeBoard might gain new perspective on that if she were to talk to the mother of the 10-year-old boy who was shot in Georgia by sheriff’s deputy Matthew Vickers, who received qualified immunity. Or the parents of the 15-year-old boy on his way to school who was shot in Los Angeles by Officer Michael Gutierrez, who received qualified immunity. Or the man who had a police canine sicced on him—after he had surrendered—by two cops who both received qualified immunity. Or the men who allegedly had $225,000 stolen from them by two officers, executing a search warrant, who both received qualified immunity.
The latter case epitomizes the mental contortions required by the legal doctrine. A unanimous panel for the U.S. Court of Appeals for the Ninth Circuit wrote that “although the City Officers ought to have recognized that the alleged theft was morally wrong, they did not have clear notice that it violated the Fourth Amendment.” In other words, officers need case law text to tell them stealing is bad.
Advocates like DeBoard present an apocalyptic vision of a world without qualified immunity, one in which officers go bankrupt from frivolous civil suits and leave the force in droves. That’s not a vision based in reality. For one, losing qualified immunity is not equivalent to losing a lawsuit. It simply provides someone with the right to bring such a suit in front of a jury—a right the American public is technically still guaranteed under federal law. And in the case that a public servant does lose a suit, the municipality nearly always foots the bill.”
“poverty and crime are big predictors, but in all the cities we’ve ever looked at, they aren’t sufficient to explain the racial disparities. Crime and poverty matter, but there are still disparities after that. There’s evidence that there’s still bias after that. In some cities, crime and poverty predict about 80 percent of the disparity; in other cities, crime and poverty rates are about 20 percent. And that means there’s a real difference in how much police behavior and policy is a driver of inequality in policing and therefore in criminal justice outcomes.”
“The recent protests against police brutality are some of the largest and most widespread in American history. An estimated 15 million to 26 million Americans have taken to the streets to protest police violence and advocate for Black lives.
The remarkable size and scope of these demonstrations has translated into real policy gains, too. Dozens of state and local police reforms have been enacted since the protests started. And at the federal level, President Trump signed an executive order that outlines his administration’s priorities for police reform, including creating a national database that catalogues police misconduct. The House of Representatives passed an even more ambitious piece of legislation that proposes a series of reforms, like tying federal funding to bans on chokeholds and setting up a task force to address excessive police force, but the GOP-controlled Senate hasn’t taken it up.
Arguably, though, the protests’ impact on public opinion has been even more immediate and wide-ranging. Unfavorable views of the police, acknowledgement of widespread discrimination against African Americans and support for Black Lives Matter all jumped up by at least 10 percentage points, according to tracking polls conducted shortly before and after the protests by both Democracy Fund + UCLA Nationscape and Civiqs.
These changes in public opinion are being driven in large part by white Americans, who for years have been much less likely than Black Americans to acknowledge that racial inequality remains a real problem. Since the first wave of large-scale Black Lives Matter protests in 2014, white Americans’ racial attitudes have gradually become more liberalized while Black Americans’ views have remained relatively steady.
Trump’s many offensive statements may be contributing to this trend, as they seem to be driving Democrats, particularly white Democrats, to adopt more liberal views on race in response. That’s one reason so many white Democrats showed up at the most recent protests.
But the protests’ impact on public opinion appears to be fading — particularly among white Americans”
…
“unfavorable views of the police are trending back down toward their pre-protest levels among white Americans and have dipped among Black Americans. White respondents are also becoming somewhat less likely to say that African Americans face “a lot” or “a great deal” of discrimination, though those numbers remain higher than they were before before George Floyd was killed in May. Black Americans’ views on the discrimination they face have remained essentially unchanged.”
…
“This decline in public opinion is consistent with a long line of political science research that tells us that the effects of events on public opinion tend to last only for as long as they are at the forefront of the country’s — or, in this case, one group’s — collective consciousness. That also means that without prolonged activism and sustained media attention, the impact of this year’s protests on white public opinion could evaporate entirely.”
“The Phoenix Police Department (PPD) is conducting an internal investigation after a man was killed when three officers pinned and arrested him on hot asphalt.
Ramon Lopez, who was 28 years old, died on August 4 after being subdued on a roadway for approximately six minutes. It was about 100 degrees that morning, and blacktop temperatures can climb 40 to 60 degrees above outside temperatures.”
…
“”He’s kinda acting funny, he’s over there sticking his tongue out, I don’t know what’s wrong with him,” a woman told a Phoenix 911 dispatcher that day. “And then he got ripped pants on, and he jumping around…looking at people’s cars.”
“Alright, what is he doing exactly?” the dispatcher asks.
“He’s out there looking at people’s cars,” the woman repeats. “Sticking his tongue out. Holding his, you know, his private parts.”
“You say he’s exposing his private parts?” the dispatcher interjects.
“No, he’s holding it, like he’s scratching on it or something,” the woman replies. Video footage shows him briefly clutching the crotch area of his shorts.
A police vehicle arrived at the scene shortly thereafter. At the sight of the car, Lopez darted across the street and into a convenience store; an officer followed and met Lopez outside as he exited the shop. Lopez ran, throwing a drink over his shoulder that the PPD alleges he stole from the convenience store, though that didn’t factor into his arrest as law enforcement wasn’t yet aware of that allegation. He was tackled onto the hot roadway and subdued by three officers after a scuffle, during which one officer can be heard saying “left arm broken” in reference to Lopez. Officers handcuffed him and placed him in leg restraints after he was no longer moving. Lopez can be heard screaming and groaning in the body cam footage.
“You’re fine,” one officer says.
Additional backup then arrived. At one point, at least seven officers can be seen in the footage, not including the cop whose body cam was recording. After leaving Lopez on the asphalt for a few minutes, officers carried his body into a police vehicle, at which point they realized he was unresponsive. They then dragged his body back out and placed him on the ground. “Wake up buddy,” an officer says as he shakes Lopez’s body.
Fire personnel were called to the scene to provide medical treatment. He was pronounced dead later that day at a nearby hospital. Lopez’s partner said he had been diagnosed with paranoid schizophrenia; his mother maintains that, while he had intense anxiety and was starting to seek help from medical professionals, she was not aware of any specific diagnosis.”
…
“It’s not the first time the PPD has come under scrutiny. The department has developed somewhat of a reputation: They are the subject of a recent lawsuit from a teen who suffered second-degree burns after a cop allegedly pinned her on hot asphalt in August of last year after law enforcement responded to complaints of a fight between high school students. Also last summer, a PPD officer assaulted a young father while a different officer threatened to shoot his fiancé because their daughter was suspected of stealing a Barbie from a dollar store. “Get your fucking hands up,” one officer said. “I’m gonna put a fucking cap right in your fucking head!” An internal investigation resulted in that cop’s firing.
And in May, a Phoenix officer shot a man in the back at least twice while responding to a noise complaint.
Law enforcement certainly has a rightful place in society. But our country’s criminalization of small nuisances, and the corresponding gut impulse to call the police for those routine annoyances, can have deadly consequences. ”
“Reason asked writers who have been on the criminal justice beat for years to lay out serious proposals for reforms with a fighting chance of being implemented in the coming months or years. The result is a robust list that includes calls to abolish qualified immunity (page 18), bust the police unions (page 22), better regulate the use of police force (page 25), rethink crisis response (page 28), end the drug war (page 32), release body cam footage (page 35), stop overpolicing (page 37), and restrict asset forfeiture (page 40).”
“California is one of only five states that does not have a formal process for decertifying bad cops to keep them from finding patrol work. And it looks like it’s going to stay that way.
In the middle of a massive push for policing reforms in America, law enforcement unions have defeated S.B. 731, a California bill that would have created a commission to hear cases of cops who have engaged in misconduct and determine whether they’d be stripped of their certifications.”
…
“Several law enforcement unions in the state say they want a process in place to decertify bad cops. They even made a web page to insist that they support things like a database of officers who have been fired for misconduct, and “a fair, reasonable and workable decertification process.” But they object to Bradford’s commission because only three of the nine members would be police officers. Four of the other members would be members of nonprofit or academic institutions and community-based organizations that have experience on “issues related to police misconduct.” One member would be a citizen who has been a survivor of police misconduct (or a relative of somebody who did not survive misconduct). And one would be an attorney with “experience involving oversight of police officers.” Police unions determined that this newly created board would be, in the Associated Press’s words, “inherently biased against officers.””
…
“The cops and the unions want too much control over what is and is not considered “misconduct.” Time and again, Americans have seen these organizations use their power to defend and make excuses for terrible police behavior. Their ideal form of “due process” for police officers facing misconduct allegations is an ostensibly civilian commission that police control.”
“After flying from Tampa to North Carolina for a casino reopening last May, Stacy Jones and her husband had dinner with friends, who were interested in buying a car the couple owned. They paid for it in cash. When the couple had to cut their trip short because of a death in the family, Jones put that money, along with cash she had for gambling, in a carry-on bag and headed for the airport in Wilmington, never considering the possibility that she was about to be robbed of $43,000 by the Drug Enforcement Administration (DEA).
A local sheriff’s deputy, alerted to the presence of seizable cash by Transportation Security Administration (TSA) screeners, grilled Jones and her husband about the money and deemed their explanation fishy, even after he called their friend, who confirmed the car purchase but was unable to say exactly how many miles were on the odometer. The deputy called in two DEA agents, who interrogated the couple some more and then announced that they were seizing the money based on their suspicion that it was related to drug trafficking.
Jones is the latest named plaintiff in a federal class action lawsuit that the Institute for Justice filed in January, arguing that the DEA’s practice of seizing money from travelers without any evidence of criminal activity violates the Fourth Amendment. The lawsuit also argues that the TSA’s participation in this racket is unconstitutional and exceeds the agency’s statutory authority.”
…
“”Civil forfeiture allows the government to seize and permanently keep your property, even if you’ve never been charged with a crime,” Institute for Justice senior attorney Dan Alban explained to WFLA. “DEA has a policy of seizing large amounts of cash at airports, regardless if it has any proof the money is connected to drug trafficking. And unfortunately, that sweeps up a whole bunch of innocent people who have perfectly legitimate reasons for traveling with cash.””
…
“The named plaintiffs in the lawsuit include Terrence Rolin, a 79-year-old retired railroad engineer, who lost his life savings—$82,373—to a DEA seizure after his daughter, Rebecca Brown, whom he had charged with depositing the money in a joint bank account, took it with her while flying from Pittsburgh, where she was visiting him, to her home in Massachusetts. Two months later, after the case attracted national publicity, the DEA agreed to return the money.”
“Kyle Rittenhouse, the 17-year-old charged with murder in the shooting deaths of two people during the violent protests in Kenosha, Wisconsin, had a run-in with the police earlier in the night — an extremely friendly one.
In footage from about 15 minutes before the shootings pieced together by the New York Times’s Visual Investigations team, you can see Rittenhouse walk up to an armored police vehicle and chat with officers. A police officer pops out of one vehicle’s hatch and tosses bottles to Rittenhouse’s associates, members of an armed militia. “We appreciate you guys, we really do,” the officer says before driving off.
The young-looking Rittenhouse is under the legal age for firearm ownership and was carrying an assault rifle, which appears to be a misdemeanor under Wisconsin law. Instead of stopping him and asking for proof of age, the police give him water and an attaboy. And when he tried to surrender after the shootings, the police went right by him, even as bystanders were telling them that Rittenhouse had shot people.”