I would like to conduct a little thought experiment.
It seems that quite a few people have very strong opinions about the Freddie Gray case in Baltimore. Some of you see this as a race issue, others as a police issue (cops either almost always have halos or devil horns), and a few see this as the human tragedy it truly is. Some believe that there simply isn’t enough proof to bring charges against the six police officers. They are being railroaded and overcharged some say (I would like to point out that overcharging non-cops and railroading non-cops in the justice system is an everyday occurrence). I would like to remove these variables and see if we come up with a different conclusion if we change the actors.
Let’s say that instead of six cops putting Freddie Gray in a paddy wagon its six fraternity brothers (of any race you wish, but let’s say they are all of the same race…use your imagination) from the (fill in the blank) chapter doing an initiation. At this point in the story, our analogue for Freddie Gray is a pledge who wants to join this fraternity. Let’s call him Jim.
Are you with me so far?
Now that we know who the actors are let’s continue…
Several of the fraternity brothers find Jim and start the initiation process. They put Jim in hand cuffs and call the rest of the fraternity brothers who eventually pull up in a van. As they begin to put Jim in the van, he begins to panic.
“I can’t breathe, I need my inhaler!” Jim says.
The fraternity brothers ignore Jim’s concerns and proceed to put him in the back of the van.
Jim sits on a bench with both his hands and feet cuffed but not restrained in a seat belt. The van peels out down the road. Jim is bouncing around the van. Whatever else happened inside the van remains unclear. Did the fraternity brothers get a little too rough with him? What caused Jim’s neck injury? Was his injuries sustained just from bouncing around with his hands and feet bound?
We don’t know for sure.
The driver stops the van and checks in on Jim. Clearly, Jim appears to be hurt but the driver offers no medical attention, shrugs, and returns to the driver’s seat.
After driving a few more blocks, the van stops to pick up a second fraternity pledge. Jim, no longer really “into” being a pledge says at least twice that he needs to be taken to a hospital or at the very least, dropped off. Jim is having difficulty breathing. The driver again ignores Jim’s pleas and obvious medical needs.
After driving around a bit more the van stops again. Jim is on the floor and unresponsive but the frat brothers again decide not to take him to a hospital or offer any kind of assistance. Still bound at his hands and feet and still not secured in a seat belt, the van makes its way to the frat house.
When the van finally stops at the frat house, the driver notices that Jim isn’t breathing. The frat brothers finally come to terms with just how dire the situation is and dial 911.
Jim is transported to the hospital via ambulance. About a week later, Jim dies of injuries to his spine.
Now that these variables are a little different, is there anyone out there who is going to tell me that in such a scenario these six frat brothers would not receive at least some of the following charges?
-Manslaughter by vehicle (gross negligence on the part of the driver – 10 years)
-Manslaughter by vehicle (criminal negligence on the part of the driver – 3 years)
-False imprisonment (the remaining five frat brothers – 1 count each)
-Manslaughter (1 count for each frat brother)
Based on these findings by the DA, would you say these frat brothers are being over charged? Should they be charged at all? Jim was alive and well before the frat brothers picked him up. Now he is dead. Something happened while he was under the control of the frat brothers.
And what about Jim’s arrest record? (Note: arrests are not the same as convictions) What about the toxicology report showing heroin and marijuana in his system? Assuming this is true, does this somehow absolve the frat brothers of any wrong doing, at least partially? If so how?
Final question: is your conclusion to the above scenario similar to the real life Freddie Gray case? If not, why not?
As to other ancillary comments about the protests, riots, or other cases…post those elsewhere as they are not relevant to this discussion.
With what’s going on in Baltimore, we’re beyond simple deja vu. What we’ve been witnessing is a sickeningly predictable process. Police beat the shit out of a black guy, and he dies. People get mad. Protests turn to violence. Everyone views the incidents through their own prisms, and assigns blame and praise as their worldview permits them. We have been repeating this process for some time, but in recent times it was the death of Michael Brown that instigated what has become a nationwide movement.
In order to fix the mess that’s currently being made, we need to see what got us here in the first place. Simply sticking our fingers in our collective ears while hauntingly saying “well, don’t riot!” is like someone whose answer to sexual assault is to tell men “well, don’t rape!”. It’s condescending and unhelpful. We need to investigate how we got to where we are, both in Baltimore and other communities such as Ferguson, MO.
Do the protesters have legitimate complaints?
Only a partisan fool would argue that the protesters in Baltimore don’t have legitimate reasons to be extremely angry.
The flash point for this community was the death of Freddie Gray, who was taken into police custody on April 12th and somehow came out of it with a broken spine the likes of which usually happen in car accidents. The incident sprung from Gray seeing a police officer and taking off running. It’s unknown exactly what happened inside the police van that he was taken into, which is different from the case of Walter Scott, who was taped being gunned down from behind by a police officer.
In addition, police brutality is a major issue in Baltimore, and with so many payouts – of taxpayer money, mind – for brutality cases, keeping in mind that these are just the ones that got caught, a reasonable person can draw one of two conclusions: either the Baltimore Police Department is so incompetent that they can’t even get away with one of the easiest things for an officer to get away with, or police brutality is so prevalent in the BPD that it’s skewing the numbers.
So it’s a race thing, right?
That’s not cut-and-dried. Baltimore’s a bit different in that they have a black mayor, a heavy black population within their police force, and their minority population is mixed race, with Latinos and other ethnic groups mixing in and creating an eclectic mix. This isn’t Ferguson, whose white police force regards their black population as walking ATMs.
But at the same time, race is heavily tied to class in all of the cases that have sprung up. This goes back to decades old debates on the poor economic straits of black people in America, owing to hundreds of years of slavery, followed by Jim Crow laws, enhanced by racist mindsets throughout America. Those are different articles altogether, but the economic plight of black people in America, on a bird’s eye level, contributes heavily to the crime rate, which causes police to react disproportionately, and perpetuates a never-ending cycle of distrust. The chicken vs. egg debate of which came first – the black inequality or black crime – is irrelevant to this context. What’s important, right now, is that in many cases, the police – even black cops, like the one who covered up for Michael Slager – have not helped, for years, due to outright profiling.
Wait a minute. You just said blacks commit more crimes. In fact, most of the people who have been killed had rap sheets as well! That kind of justifies at least some action, right?
Ever hear of a self-fulfilling prophecy? Because that’s what’s happening in most cases. Yes, in many cases, as reported by the press, the individuals who have been victimized recently had prior run-ins with police. Despite consternation by some that this is a ploy to prove that black people are all criminals, it would be irresponsible journalism to omit those facts.
But this issue isn’t just affecting poor blacks with a record. CNN’s LZ Granderson on Twitter yesterday pointed out the reality:
The first time an officer pulled a gun on me I was 12 carrying a gallon of milk home from the store. Notice I said "the first time".
There’s also New York Times columnist Charles Blow, who’s son was stopped at gunpoint at Yale University, where the son is a student. It was a black cop that detained that young man, but ultimately, it’s the colour blue that matters more. As Mr. Blow notes in his piece, all that matters is how you look.
So what does this have to do with someone that has a “rap sheet”? There’s a huge difference between LZ Granderson and some random guy in the projects, right? Well, let’s extrapolate this to its logical conclusion:
1) Man is stopped for superfluous reasons. There are provable statistics that show blacks are far more likely to be stopped than whites. This is often called “walking(talking) while black”.
2) Man is ticketed or arrested for a meaningless crime. This is partly the fault of overlegislation – chances are good that due to the addition of “regulatory” crimes, you are breaking the law while reading this – but it’s also a problem for black people, so often pulled over by officers needing to justify themselves, especially if there’s a financial impetus.
3) If that person is later the victim of brutality, reasonable doubt can be cast on the victim by referencing “previous run-ins” with police. This not only affects criminal and civil trials, it doubles as a character assassination.
4) The general public – still overwhelmingly white, mostly conservative, and educated with a strong belief in law, order and the police as a force of protection instead of oppression – are quick to label the action reasonably justified, unable – or unwilling – to personalize the problem. The spectre of police brutality is so foreign to most white people that even well meaning individuals simply cannot understand what it’s like to walk around with a constant fear of police reactions. It’s literally not in our realm of thinking.
My partner, who is white, did not know the siege some blacks live with until he saw me surrounded by police in my own driveway.
Whatever, you bleeding heart liberal. So the police occasionally thump a guy too hard. But I don’t wanna hear this stuff about poor people! They have just as many chances as we do! Just look at others who made it! Look at guys like Herman Cain!
First off, if you’re poor, you don’t have as many chances as you think, as is easyenough to prove. I grew up poor, and it took an immense amount of work, four years of the military, and a lot of luck just to make it into the middle class, and if something goes wrong now, I’m largely screwed.
Now, go back to that Ferguson report, know that that report could be written for entirely too many communities – particularly in the South, where blacks are still fighting the ghosts of Jim Crow, slavery, and a significant number of people who feel the Confederacy was justified – and imagine how hard it would be to “come up” under those circumstances. It’s hard to climb the social ladder when it keeps getting kicked out from underfoot.
This is the major reason why so many communities are protesting, fighting, attacking, you name it. They see no way out of the hell they’ve been born into, and the people that are supposed to be protecting them are inflicting further injustice. The minutia of how we can get poor people out of their plight is a political debate for another time.
OK, maybe I understand that. But that doesn’t justify rioting! Looting isn’t helping! In fact, it’s taking away from that community!
Let’s get this out of the way: Yes, looting and rioting are bad, m’kay? Looting is not protesting. It is naked theft, brought on by a simple-minded materialism that some could argue is a major reason why the poor are poor. And flies are said to be more attracted to honey than vinegar. This is all true.
But in light of everything that’s happened in the past two years, it’s hard to argue that the “nice” way of doing things has worked at all.
The above argument is the one that The Atlantic’s Ta-Nehisi Coates made recently, stating that calls for order are only made with no other solutions in mind.
Now, tonight, I turn on the news and I see politicians calling for young people in Baltimore to remain peaceful and “nonviolent.” These well-intended pleas strike me as the right answer to the wrong question. To understand the question, it’s worth remembering what, specifically, happened to Freddie Gray. An officer made eye contact with Gray. Gray, for unknown reasons, ran. The officer and his colleagues then detained Gray. They found him in possession of a switchblade. They arrested him while he yelled in pain. And then, within an hour, his spine was mostly severed. A week later, he was dead. What specifically was the crime here? What particular threat did Freddie Gray pose? Why is mere eye contact and then running worthy of detention at the hands of the state? Why is Freddie Gray dead?
When nonviolence is preached as an attempt to evade the repercussions of political brutality, it betrays itself. When nonviolence begins halfway through the war with the aggressor calling time out, it exposes itself as a ruse. When nonviolence is preached by the representatives of the state, while the state doles out heaps of violence to its citizens, it reveals itself to be a con. And none of this can mean that rioting or violence is “correct” or “wise,” any more than a forest fire can be “correct” or “wise.” Wisdom isn’t the point tonight. Disrespect is. In this case, disrespect for the hollow law and failed order that so regularly disrespects the community.
As for the stealing, it’s bad. It’s wrong. It hurts the moral standing of the protesters. But if we’re talking in terms of scale, it’s worth noting that the City of Baltimore has a bad history of using civil forfeiture as a form of revenue enhancement. If we put the scale of that in a bar graph next to some assholes stealing some kit from the electronics department, the first bar is going to be astronomically higher.
Well… I still think what they’re doing is wrong. Win some elections and make change the right way.
It’s OK if you don’t care about the protests, and their resulting riots. It’s OK if Freddie Gray is just one more name on the news. If you want to mention some white guy somewhere that didn’t get this kind of attention – here, I’ll even do the work1 for you – then sure, even if you’re kind of being a dick.
But to sit there and assume that this is a problem caused by those in the streets is irresponsible, insensitive, and flat-out wrong. The people out in the streets right now aren’t nobodies, doing this for fun; they are citizens who think they have been getting a raw deal for years, decades even, and the death of one of their own, unjustified, by the people tasked with their “protection”, was finally the straw that broke the camel’s back. This isn’t the inane ramblings of a “social justice warrior” claiming that all sex is rape or some other crap. There are cold, hard, verifiable statistics showing that the poor and the black – too often synonymous terms – get an extremely raw deal all over America, and if it doesn’t change, what we’re seeing now will continue to be the new normal.
Note: In the time between this piece being written and being edited for release, six police officers have been charged with crimes ranging from false imprisonment to murder.
1 – Before reading that WT link – if you can get past all those damn surveys – go back up and read that Census link from before.
Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.
I’ve been thinking quite a bit about the situation in Baltimore and the very state of our culture. This Facebook status update I came across yesterday is very worthy of repeating here.
I really wish people would stop posting Freddie Gray’s criminal record, as if that makes him deserving of having his spine broken while in police custody, killing him. You can’t claim to be a supporter of constitutional rights, yet care nothing of Freddie Gray’s rights. This brother was no less deserving of his life than any white collar criminal. I don’t support rioting & looting, but I also won’t support those who think his life was worth less than the next person, or that he got what he deserved. He was the victim in this case, and his record is irrelevant… – Talitha McEachin
Agreed. Unless Freddie Gray presented a presented a threat to the lives of the police officers while he was in custody*, the police had no right to use the force they used that ultimately ended his life. Whether he was arrested one time or a thousand has nothing to do with how Gray was treated.
*Of course at this point, we don’t really know what happened while Gray was in custody. This is yet another argument for the notion that each and every moment the police are interacting with a suspect that these interactions should be recorded and made available (eventually) to the public. There’s simply no excuse for this not to be the policy of every police department in 2015.
In the year 2015 there are many good reasons to protest: police brutality, injustice, the war on (some) drugs, the war on (some) terror, etc. One thing from Martian Luther King Jr.’s legacy that seems to be lost and something we should rediscover is the art of the peaceful protest and civil disobedience.
King understood that for positive change to occur, he had to truly win the hearts and minds of his fellow Americans. Being a positive example by showing the world that he and his followers would take a stand against injustice without resorting to violence was even more important than the words he spoke to that end. Certainly, not everyone believed in using the non-violent approach. Malcolm X and the Black Panthers believed that violence was necessary to achieve their shared goals.*
Who was right?
Personally, I find the pictures and the videos from the non-violent protests and the acts of civil disobedience to be far more compelling. There’s just something about seeing people refusing to act in a violent fashion against the state which inherently IS violence. This has a way of changing hearts and minds.
Contrast this with today’s protests in Ferguson, New York, and elsewhere concerning the police. For the most part, the protesters are peaceful and are using tactics which King would likely be proud. Unfortunately, however; it’s the nasty protesters that are violent, incite riots, or cheer at the news of cops being ambushed which receives far too much of the publicity. Even holding up signs like “The only good cop is a dead cop” or “fuck the police,” though certainly permissible as recognized by the First Amendment, turns people off who might otherwise be sympathetic to one’s cause.
Sadly, it’s not just a few misfit protesters who think that aggression is sometimes warranted to get one’s way. No less than the pope himself last week in the wake of the Charlie Hebdo terror attacks said: “(If someone) says a curse word against my mother, he can expect a punch. It’s normal. You cannot provoke. You cannot insult the faith of others. You cannot make fun of the faith of others.”
The leader of the same Catholic Church which normally advocates finding non-violent solutions to conflict (such as the Just War Doctrine) says that because someone says something offensive about one’s parents or faith it is permissible to use violence against that person! People’s feeling are more important than the concept of free expression.
I’m not interested in living in a world where I cannot insult the pope or his religion nor do I want to live in a world where the pope cannot insult me or my atheism. The world I am interested in living in is one where we can have passionate, even hurtful disagreements without fearing physical harm to my family, my friends, or myself.
Let us all rediscover the art of peaceful protest and civil disobedience on this Martian Luther King Jr. Day.
The fact that the police can get away with killing an individual who presented no threat to anyone with the whole incident caught on camera is quite disturbing. A grand jury decided not to indict a NYPD officer by the name of Daniel Pantaleo who used a choke-hold banned by his own department which resulted in the death of Eric Garner. Unlike the incident in Ferguson which contained conflicting testimony and forensics which support Darren Wilson’s version of the event, this event in New York was caught on video from at least two different camera angles (and available on YouTube for the whole world to see). This seems pretty cut and dry at least for an indictment.
So how is it that almost any accused individual brought before a grand jury is indicted unless the accused individual happens to wear a government issued costume? Are grand juries really that biased toward the police? After reading a few dozen comments on threads responding to the grand jury decision, I’m afraid the answer is yes (if you want to lose all hope for humanity, read the comment section to any article of consequence). I reach this conclusion because these are the sort of people who serve on juries and decide that it’s perfectly okay for the police to kill someone if the suspect had any criminal record of any kind, resisted in any way, or even “disrespected” the police on the scene.
The truth is that reforming the way police do things is going to take time as changing people’s attitudes is going to take time. There are things that we as individuals can do here and now so that we don’t become victims of the police, however. Many of these perfect, law abiding specimens of humanity who like to share their wisdom with the rest of us on the internet say that if Eric Garner hadn’t resisted (at all) he would never have been put in the choke hold that contributed or caused his death. On this point, I grudgingly have to agree.
I don’t say this because I believe the use of force against Garner was appropriate but because far too many people do (and juries are composed of people who aren’t always very reasonable).
One common thread in many of these viral videos where the police overreact is that the individual either resists (however mildly), makes a sudden move, or is perceived as being armed . The worst thing you can do is give the cops a reason to use force and an excuse for jurors who will normally give the police the benefit of the doubt a reason to doubt.
So how does one increase one’s odds of surviving an encounter with an overzealous cop? Here are a few suggestions.
1.Before you end your session on the internet today, watch Flex Your Rights’ “10 Rules for Dealing With Police.” I have the entire series and a summary of the rules posted here. If you know how you can respectfully but firmly assert your constitutional rights before the next time you are confronted by the police, you will have advantages most people do not and you will reduce the chances that the encounter will escalate to violence.
2. Act as if the encounter is being recorded and your actions will be scrutinized in front of a judge, jury, and/or the general public. For better or worse, cameras have become ubiquitous, so the chances the encounter is being recorded increase everyday. Use this to your advantage. Better yet, if you have a camera phone, record the encounter yourself. Recording the police in public is legal almost everywhere in the U.S. Follow this link to be sure of the specific legalities of your state. Once you have the camera rolling, follow the aforementioned “10 rules” and be the kind of person a judge, jury, and the general public would be sympathetic toward. If you act like a jerk or are disrespectful in any way (regardless of how the cop acts) this could all backfire.
3. Don’t make any sudden moves and keep your hands visible at all times. If you are pulled over keep your hands on the steering wheel and turn on the dome light if its dark out. When the cop asks for your license and registration, say something like “My license is in my wallet” and very slowly reach for it and hand it over. Then say “My insurance card and registration is in the glove box” then slowly open the glove box and retrieve the documentation. Better yet, have the documentation ready before the cop comes to your window; its less movement and you know you will be asked to produce these items anyway. Had this man followed similar advice, he might not have been shot by a South Carolina State trooper.
4. Understand that you are NOT in control. If the police have decided to put cuffs on you and/or arrest you, do not physically resist, attack, or run. If you do, the results will not end in your favor. Whatever injustice has befallen you will not be settled until later. Also, keep your mouth shut and only speak of the event with your attorney.
Its my hope that these cases which have scandalized us all will lead to better understanding of how we can peacefully resist the growing police state. Its not my intention to blame the victims such as Eric Garner, John Crawford III, Kelly Thomas and countless others but to do my part in not creating new victims of overzealous cops afraid of their own shadows.
 Its become a pet peeve of mine seeing headlines that state that the police shoot an “unarmed” man. For one, unarmed does not mean harmless. Also, its probably safe to say that most of the time when the cops shoot an unarmed person, it was unclear if s/he was armed at the time. While we can and should scrutinize the police when they use force, we cannot expect them to have perfect knowledge in real time.