Thinking About the Use of Force by Police

As public demonstrations against police actions concerning unarmed Black male citizens gains momentum; questions come to mind. Currently there are three separate incidents that have grabbed the most attention. The first incident occurred in Milwaukee on April 30th, 2014, when a mentally ill citizen, Dontre Hamilton, was confronted by a police officer unloaded his weapon and shot 14 times, resulting in the death in Red Arrow Park. The initial public reaction was that it was nothing more than an unfortunate incident. However, family and friends of the unfortunate Hamilton were not satisfied and began to publicly demand for a full investigation. The investigation resulted in the ‘firing’ of the police officer, Chris Manney, for not following standard policy and procedures. However, the family and others were not convinced that was sufficient action and has been demanding that the Milwaukee District Attorney indict Manney for criminal actions. Although ex-Officer Manney has been terminated, the DA has yet to rule on the possible indictment, motivating an increasingly heightened state of demonstrations. The latest incident resulted in the closing of I-43 and the arrest of 73 demonstrators.

The second incident involved a Staten Island Black male, Eric Garner, when he died after being taken down using a choke hold on July 17th, 2014. It was later determined by the Medical Examiner that the choke hold had not contributed directly to his death. Hence, there wasn’t any direct consequences to the police or the officer who applied the hold. All that has happened is that the NYPD is reevaluating it’s use of force policy and training. A similar response was initiated by the Milwaukee Police Department.

Michael Brown was an 18 year old black male fatally shot by Police Officer Darren Wilson on August 9th, 2014 in Ferguson, Missouri. Unlike the Milwaukee incident, the Ferguson shooting immediately led to public reaction, given the demographic makeup of the population of Ferguson, predominately Black and the local government and police force, predominately white. Instead of the St. Louis County District Attorney refused to indict Wilson and sent it directly to the Grand Jury. The St. Louis Grand Jury didn’t return an indictment of Officer Wilson, leading to violent demonstrations and rioting.

Although the three incidents are not directly connected, it has brought to public debate a number of relevant questions concerning policing and policing powers, especially in the use of force. The conversation has engaged all levels of society and government. Regardless of the case specifics, I think we need to take a deeper look at the variables driving the public reactions.

In my opinion, the core of this issue is the relationship that has developed between the police and the economically and socially strained communities of color. This has been especially noticeable with young Black and Hispanic males. From the NAACP they published the following facts in 2009 “Criminal Justice Fact Sheet”:

Incarceration Trends in America
From 1980 to 2008, the number of people incarcerated in America quadrupled-from roughly 500,000 to 2.3 million people
Today, the US is 5% of the World population and has 25% of world prisoners.
Combining the number of people in prison and jail with those under parole or probation supervision, 1 in ever y 31 adults, or 3.2 percent of the population is under some form of correctional control
Racial Disparities in Incarceration
African Americans now constitute nearly 1 million of the total 2.3 million incarcerated population
African Americans are incarcerated at nearly six times the rate of whites
Together, African American and Hispanics comprised 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population
According to Unlocking America, if African American and Hispanics were incarcerated at the same rates of whites, today’s prison and jail populations would decline by approximately 50%
One in six black men had been incarcerated as of 2001. If current trends continue, one in three black males born today can expect to spend time in prison during his lifetime
1 in 100 African American women are in prison
Nationwide, African-Americans represent 26% of juvenile arrests, 44% of youth who are detained, 46% of the youth who are judicially waived to criminal court, and 58% of the youth admitted to state prisons (Center on Juvenile and Criminal Justice).
There are two factors influencing Incarceration Trends in America
From 1980 to 2008, the number of people incarcerated in America quadrupled-from roughly 500,000 to 2.3 million people
Today, the US is 5% of the World population and has 25% of world prisoners.
Combining the number of people in prison and jail with those under parole or probation supervision, 1 in ever y 31 adults, or 3.2 percent of the population is under some form of correctional control
Racial Disparities in Incarceration
African Americans now constitute nearly 1 million of the total 2.3 million incarcerated population
African Americans are incarcerated at nearly six times the rate of whites
Together, African American and Hispanics comprised 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population
According to Unlocking America, if African American and Hispanics were incarcerated at the same rates of whites, today’s prison and jail populations would decline by approximately 50%
One in six black men had been incarcerated as of 2001. If current trends continue, one in three black males born today can expect to spend time in prison during his lifetime
1 in 100 African American women are in prison
Nationwide, African-Americans represent 26% of juvenile arrests, 44% of youth who are detained, 46% of the youth who are judicially waived to criminal court, and 58% of the youth admitted to state prisons (Center on Juvenile and Criminal Justice).
From the available data on arrests and incarceration of young Black and Hispanic males, it logically supports the conclusion that young men of color are targeted by the police much more than white males of the same age group. This also supports another conclusion that the police must have much more contact with young men of color when compared to the contact between the police and white young Imales. With more contact, there is a greater probability the use of force will occur leading to more deadly incidents.

I have heard all of the counter arguments, which boils down to a single overriding issue, the police have more contact with young men of color because more crime occurs in low income communities of color. Simply; more crime, more contact; more contact, a greater probability of use of force, including deadly force. So what is the real issue?

The greater community demands active policing to protect the general public from harm. This is going to bring the police into situations where use of force occurs. The real issue is when to use force and how much to use. This has always been an issue and it’s as relevant today as it has been in the past. I think the Milwaukee Police have the right idea, more training of officers in the use of force. Also, in Wisconsin, it is now state law, that anytime the police are involved in the use of lethal force, an independent third party does the investigation to determine whether the lethal force was justified.

However, what is really important is the quality of the officers and how complete and effective is the training. In Milwaukee anyway, I think they are on the right track and are attempting to make the police more effective with additional training and body cams.

One disturbing development in Milwaukee has been the increase of civil disobedience and some agencies’ reaction to it. The Milwaukee Police have been very careful and sensitive to not over react to the demonstrations and for the most part the demonstrations have been peaceful. But the demonstrations on December 19th are proving more contentious and disruptive when the demonstrators shut down I-43 at McKinley and Fond du Lac Avenue. Although Chief Flynn and MPD have been particularly responsible with their actions and their public statements, the same cannot be said of Sheriff David Clark.

Sheriff Clark started making public statements concerning the demonstrations referring to some of the demonstrators as “thugs” and his most inflammatory remark from yesterday, calling demonstrators “left wing anarchists”. I don’t think Clark understands that his job is to help defuse the situation including the rhetoric and to not incite and increase tensions. I think he takes his ‘cowboy’ image far to seriously and the less he’s involved the better. I also think the less that Governor Walker is involved the better. I am not comfortable with placing the Wisconsin National Guard on standby and publicly announcing it. I think, that would indicate an escalation on the part of the police and the state increasing tensions even more.

So many issues are involved and just not police actions when dealing with impoverished communities. Issues of low wages, lack of well paying jobs, inequity of incomes, limited affordable housing, and neighborhood security issues all are contributing to the tensions. These issues are much more complicated and aren’t easy fixes.