Tag Archives: New York City Police Department

Thoughts on the Death of Eric Garner

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Eric Garner, of New York, died on July 17, 2014. He had been confronted by police about selling loose cigarettes (sold that way to avoid the city tax) and during this encounter Officer Pantaleo put him in an apparent chokehold. Garner died from “neck compression” and “the compression of his chest and prone positioning during physical restraint by police.” Not surprisingly, the use of chokeholds is banned by the New York City Police Department. On December 3, 2014 a grand jury decided not to indict the officer, although the coroner had ruled Garner’s death a homicide.

This failure to indict follows a familiar pattern: though grand juries almost always indict non-police, they almost never indict police. As I have said before, perhaps this is because there is almost always probable cause to indict the non-police and almost never enough to indict police. Some might, however, contend that this disparity is grounded in injustice.

In general, the media pundits have been critical of the way the police handled the situation and the verdict of the grand jury. Bill O’Reilly and many people at Fox News fall into this camp and this has dismayed some Fox viewers. There are, however, media pundits that have blamed Garner for his own death. The justifications they advance are fairly stock ones and were also deployed in response to the death of Michael Brown, who was shot to death by an officer in Ferguson, Missouri. Because these approaches are often commonly used in such situations, they are worth considering.

One advanced by Representative Peter King is that Garner died because he was obese. On the one hand, King might be right: Garner’s health issues most likely played a causal role in his death. If he had been in good health, then he might not have been killed by what seems to have been a chokehold.

There are two obvious responses to this. The first is that the officer should not have been using a chokehold—there is a good reason that the police department forbids officers to use this technique. This reason is that it is easy to badly injure or kill someone using this attack. While the police can legitimately use force, there are many other techniques that are effective and far less likely to severely injure or kill a person.

The second is that police have a moral obligation to consider the condition of the person when engaging a suspect. This includes both the initial condition of the person (such as being in poor health) as well as what is happening to a person. While the police have the right to restrain a suspect, this comes with the obligation not to needlessly injure or kill the person.

To be fair to the police, it is not always easy to tell whether or not someone has a condition that might make him more likely to be injured or killed. In the heat of a struggle it can also be difficult to tell when a person is being injured. However, in some cases it is quite clear that a person is being subject to needless injury—which seems to be the case with Garner.

Rudi Giuliani and others advanced two justifications. The first is that Garner was a criminal and the second is that Garner resisted arrest. These were also advanced in the case of Michael Brown, although the officer who shot Brown apparently did not know Brown had robbed a store earlier.

In general, being a criminal does change a person’s status and does justify the police taking action against the person. So, if Garner was breaking the law, then the police would be right in arresting him. Likewise, if Brown robbed the store, then the police would have been justified in arresting him. Naturally, there are moral exceptions in the case of unjust laws and evil states. Interestingly, some of those speaking out in this case have focused on the cigarette tax law that Garner is alleged to have violated rather than on Garner’s death.

While the police do, in general, have the right to arrest criminals, this is rather different from making it acceptable for the police to kill alleged criminals. After all, criminals have the right to a trial and justice should not be meted out by the barrel of a gun or by a chokehold.

Naturally, the police can be justified in using force and even lethal force against criminals—but the mere fact that a person is (or is alleged to be) a criminal is not sufficient to justify killing him. Not surprisingly, this is where the second justification comes into play, namely that Garner was resisting arrest.

If it is assumed that the arrest is morally legitimate, then the person being arrested does not have the right to resist that arrest. Since what is legal is not the same as what is moral, there can be unjust laws and there clearly can be evil governments. However, for the sake of the discussion, let it be assumed that the police were acting in the right when trying to arrest Garner and that as such he did not have the moral right to resist. This can, of course, be debated.

Even if it is granted that Garner did not have the right to resist, there is still the question of whether or not his resistance justifies his death. I do agree that there can be cases in which resistance does morally justify the use of lethal force. For example, there was a tragic shooting in my own city of Tallahassee. A former Florida State University student shot people at the FSU library and fired at the police when they arrived. They returned fire, killing him. While it would have been preferable for the police to have not killed him, that was their only viable option to protect the civilians in the area and themselves.

From a moral standpoint, the police are justified in using the force needed to subdue the person (assuming they are otherwise acting morally) but not excessive force. While an officer does have the right of self-preservation, the officer is also morally obligated to accept some risks so as to avoid inflicting unnecessary harm or death. This is not just true of the police—it is true of everyone. For example, a drunken person once tried to punch me while I was running. I easily blocked the swing (black belt and all that). I could have punched or kicked him in return, but did not do so—I could have seriously hurt him. He decided to run away into the crowd, so I continued with my run. I did what I needed to do to defend myself—any more force would have been unwarranted. I did take a chance—the person could have attacked again or pulled a knife. But, a disproportionate response made from fear would be unwarranted.

In the case of Garner, it is clear that he does resist arrest, but in a fairly minimal way—he is not actively attacking but merely trying to avoid being grabbed. Then he is put into what appears to be a chokehold and brought to the ground, which results in his death. Given the situation, it seems clear that far less force (or even more conversation) would have sufficed and Garner would most likely still be alive.

One could argue that his size was such that he presented a clear threat that required such force and his death was a surprise to the police resulting from him being more vulnerable to choking than he appeared. That is, they honestly believed they were using the proper amount force and the proper techniques and the death was just a terrible accident. Having been in the martial arts, I do know it is easy for a person to get badly hurt even when there is no intention of such harm—that is well worth considering. Like most men, I’ve been hurt (and hurt others) when just playing around at rough housing.

That said, the police are supposed to be trained properly in the use of force and they are supposed to follow the guidelines—which, in this case, expressly forbid chokeholds. They are also morally responsible to be aware of what is happening to a person they are engaging. Given what occurred in the video, it seems clear that Garner’s death was unjustified.

Overall, the pundits that are endeavoring to blame Garner for his death are in error. It is true that if he was not suspected of a crime and if he had not resisted arrest, then he would probably still be alive. But, it is also true that if the police had used proper procedures and proportional force (or tried talking more), then he would probably still be alive. Even if a person commits a crime and resists arrest, it does not follow that his death is justified.

 

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Catcalling

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For those not familiar with the term, to catcall is to whistle, shout or make a comment of a sexual nature to a person passing by. In general, the term is used when the person being harassed is a women, but men can also be subject to such harassment.

Thanks to a video documenting a woman’s 10 hours of being catcalled as she walked New York City, catcalling has garnered considerable attention. While it is well known that men catcall, it is less obvious why men engage in this behavior.

Some men seem to hold to the view that they have a right to catcall. As one man put it, “if you have a beautiful body, why can’t I say something?” This view seems to have two main parts. The first (“you have a beautiful body”) seems to indicate that the woman is responsible for the response of men because she has a beautiful body. It is, I think, reasonable to accept the idea that beauty, be it in a person or painting, can evoke a response from a viewer. The problem is, however, that a catcall is not a proper response to beauty and certainly not a proper response to a person. Also, while a woman’s appearance might cause a reaction, the verbal response chosen by the man (or boy) is his responsibility. To use an analogy, seeing a cake at a wedding might make me respond with hunger, but if I chose to paw at the cake and drool on it, then the response (which is very inappropriate) is my choice. To forestall any criticism, I am not saying that women are objects—I just needed an analogy and I am hungry as I write this. Hence the cake analogy.

The second part (“why can’t I say something?”) seems to indicate that the man has a presumptive right to catcall. Put another way, this seems to assume that the burden of proving that men should not catcall rests on women and that it should be assumed that a man has such a right. While the moral right to free speech does entail than men have a right to express their views, there is also the matter of whether it is right to engage in such catcalling. I would say not, on the grounds that the harm done to women by men catcalling them outweighs the harm that would be done to men if they did not engage in such behavior. While I am vary of any laws that infringe on free expression, I do hold that men should not (in the moral sense) behave this way.

This question also seems to show a sense of entitlement—that the man seeing the woman as beautiful entitles him to harass her. This seems similar to believing that seeing someone as unattractive warrants saying derogatory things about the person. Again, while people do have a freedom of expression, there are things that are unethical to express.

Some men also claim that the way a woman dresses warrants their behavior. As one young man said, “If a girl comes out in tight leggings, and you can see something back there… I’m saying something.” This is, obviously enough, just an expression of the horrible view that a woman invites or deserves the actions of men by her choice of clothing. This “justification” is best known as a “defense” for rape—the idea that the woman was “asking for it” because she was dressed in provocative clothing. However, a woman’s mode of dress does not warrant her being catcalled or attacked. After all, if a man was wearing an expensive Rolex watch and he was robbed, it would not be said that he was provocative or was “asking for it” by displaying such an expensive timepiece. Naturally, it might be a bad idea to dress a certain way or wear an expensive watch when going certain places, but this does not justify the catcalling or robbery.

There has been some speculation that catcalling, like everything else, is the result of natural selection. Looked at one way, if the theory of evolution is correct and one also accepts the notion that human behavior is determined (rather than free), then this would be true. This is because all human behavior would be the result of such selection and determining factors. In this case, one cannot really say that the behavior would be wrong, at least if something being immoral requires that the person engaging in the behavior could do otherwise. If a person cannot do otherwise, placing blame or praise on the person would be pointless—like praising or blaming water for boiling at a certain temperature and pressure. Looked at another way, it might be useful to consider the evolutionary forces that might lead to the behavior.

One possible “just so” story is that males would call out to passing females as a form of mating display (like how birds display for each other). Some of the females would respond positively and thus the catcalling genes would be passed on to future generations of men who would in turn catcall women to attract a mate.

One reason to accept this view is that some forms of what could be regarded as catcalling do seem to work. Having been on college campuses for decades, I have seen a vast amount of catcalling in various forms (including the “hollaback” thing). Some women respond by ignoring it, some respond with hostility, and some respond positively. While the positive response rate seems low, it is a low effort “fishing trip” and hence the cost to the male is rather small. After all, he just has to sit there and say things as “bait” in the hopes he will get a bite. Like fishing, a person might cast hundreds of times to catch a single fish.

One reason to reject this view is that many of the guys who use it will obviously never get a positive response. However, they might think they will—they are casting away like mad, not realizing that their “bait” will never work. After all, they might have seen it work for other guys and think they have a chance.

Moving away from evolution, one stock explanation for catcalling is that men do it as an expression of power—they are doing it to show (to themselves, other men and women) that they have power over women. A man might be an unfit, ugly, overweight, graceless, unemployed slob but he can make a fit, beautiful and successful woman feel afraid and awful by screeching about her buttocks or breasts. Of course, catcalling is not limited to such men, though the power motive would still seem to hold. This is clearly morally reprehensible because of the harm it does to women. Even if the woman is not afraid of the man, having to hear such things can diminish her enjoyment. While I am a man, I do understand what it is like to have stupid and hateful remarks yelled at me. When I was young and running was not as accepted as it is now, it was rare for me to go for a run without someone saying something stupid or hateful. Or throwing things. Being a reasonably large male, I did not feel afraid (most of those yelling did so from the safety of passing automobiles). However, such remarks did bother me—much in the way that being bitten by mosquitoes bothers me. That is, it just made the run less pleasant. As such, I have some idea of what it is like for women to be catcalled, but it is presumably much worse for them.

I have even been catcalled by women—but I am sure that it is not the same sort of experience that women face when catcalled by men. After all, the women who have catcalled me are probably just kidding (perhaps even being ironic) and, even if they are not, they almost certainly harbor no hostile intentions and present no real threat. To have a young college woman yell “nice ass” from her car as I run through the FSU campus is a weird sort of compliment rather than a threat. Though it is still weird.  In contrast, when men engage in such behavior it seems overtly predatory and threatening. So, stop catcalling, guys.

 

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Police & Protests

Riot police using tear gas on 21 April 2001 ag...

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Protests are often marred by senseless violence and the recent protest on Wall Street was no exception. One incident that has gotten extensive attention is the pepper spraying/macing of penned in women by Anthony Bologna, a relatively high ranking member of the NYC police. These sorts of incidents raise questions about the legitimate role of the police in regards to protests. My discussion is limited to the context of democratic states, such as the United States.

First, it is rather important to acknowledge that the police do have a legitimate role to play at protests. While protests are intended to draw attention and often aim to do so by creating a disruption of the normal course of events, a state of protest does not grant protestors a carte blanche right to interfere with the legitimate rights of others. As such, the police have a legitimate right to prevent protestors from violating the rights of others and this can correctly involve the use of force. Obviously, if it is argued that protestors have a right to protests, this would entail accepting that people have rights and intuitively the right to protest does not automatically trump other rights-especially the core rights of life, liberty and property. Those who claim otherwise would seem to have the burden of proof upon them.

To use an obvious example, people protesting a decision by the parliament or congress do not gain the right to loot the businesses along their path of protest and the police would act correctly in stopping these acts of theft.   To use a less extreme example, protestors who are disrupting a legitimate business can legitimately be prevented from doing so by the police.

Second, while protestors do not gain a carte blanche right to violate the rights of others, peaceful protest is a legitimate form of expression and is certainly a form of free speech (far more so than spending money on political campaigns and some rather ludicrous “free speech” defenses launched by corporations such as Google). As such, the right of protest should be respected by the police.

Even when protestors act in ways that are technically illegal, provided that their crimes do not involve violence or property damage (that is, the protests are peaceful), they should be handled with minimal force. After all, the force used by the police should be proportional to the crime and the resistance being offered. Exceeding this would be, by definition, excessive force and hence a wrongful action. The police, after all, have the right to use the force needed to enforce the law. Force beyond that would go beyond their rights and hence cross over into assault and beyond (after all, once they cross the boundary of legitimate force, they have ceased to enforce the law and are engaged in needless violence and may rightfully be regarded as criminals-albeit with badges). Spraying women that have been penned in and are offering no resistance would be, from a moral perspective, an assault with a dangerous weapon and not a legitimate act of law enforcement. The fact that the perpetrator is wearing a uniform does not change this-except to make it an even worse action-a crime committed by someone who is supposed to prevent crime.

Naturally enough, violent and destructive protests can be met with legitimate force. As an example, protestors who are looting or attacking innocent citizens can be treated as the criminals they are and handled accordingly.

Third, there are cases in which violent and destructive protest can be justified. These would involve cases in which the wrong being done was such that it warrants such a response and there is no recourse to an objective, impartial and fair legal redress. In such cases, the police should be acting in defense of the people driven to such acts rather than fighting against such people. These situations are not common in the Western democracies, but have (and no doubt will) occur.

Thus, both protestors and police have moral obligations they should respect.

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