Uneven Playing Field

It's sad, but it's routine. There are times when context is omitted and only pretext remains. It may be intentional or it may be based on ignorance, but in either case it may lead to misleading conclusions.

For example there is much in the media on the topic that “Black Lives Matter.” But so do brown and white and any other lives. The latter, however, are not the concern of some groups who emphasize police “racism” – the killing of innocent black men by white police. But American society has been racist for hundreds of years and the police often reflect society's views – even if only in a minority of cases. It shouldn't happen at all. The numbers are small, but one is too many. Mention is rarely made however of the numerous killings of blacks by blacks, or of the killing of whites by blacks. And the assassination of the police doesn't usually last more than one news cycle. But the protests of the killing of blacks by white police is usually extended along with the riots (and associated deaths), even though such tragedies are not common.

Portions of the incidents are often recorded on cellular telephones by witnesses who are presumed to be unbiased, and whose evidence is conclusive. These videos are often circulated on social media and “go viral” before any police report is filed, and the officer convicted in the public's mind before he has a chance to say anything. Indeed, police regulations regarding the release of information related to ongoing investigations may prevent him (or her) from defending himself publicly. And when the eventual trial comes (if the officer isn't indicted the community will protest loudly to the press) the memory of the officer, and his report, are attacked as self-serving and not to be believed. The report came long after the incident and the officer was under stress during the confrontation. They cannot be taken seriously. Only the witnesses are reliable, and only the evidence they present can be trusted.

As a partial solution of the problem the New York City Police Department will, next week, be outfitting its officers with body cameras to record such incidents. (It is also possible that knowledge of the cameras will lessen the number of incidents because those few who aren't following the rules will know that they are being monitored.) This policy, however, has provoked further protests and there are demands that implementation be delayed. For example, the ACLU and others insist that there be no viewing of tape by the officer before a report is written, and memory aided by documentation shouldn't be allowed. The previous regulation was written when officers had only their memories on which to rely. The memories were challenged. And (often incomplete) community videos and testimony were given greater weight than the assertions of the police. Now that memory can be aided there is the possibility that the video and the report will correspond. Memory will be more accurate and lawyers will have less opportunity to question it or to find a discrepancy between the written report and the video. Those using their 'phones have no restrictions of this sort and can select what they choose to film, what they submit to lawyers, and what they put on the internet. And when they do so.

Early recording would be helpful because it may provide documentation of what happened before the home-made videos were turned on to record the “unjustified” police violence. There has never been great concern about the videos submitted by “uninvolved” bystanders – what they included and what they omitted. What they contain is sufficient to convict. What happened prior to their being turned on is obvious. Now that the police may have cameras it is self-evident that they should be turned on at the beginning of the incident so that nothing is missed, and if it isn't, the entire recording is suspect. The argument seems logical, even though there had been no concern by protesters about what may previously have been omitted in the videos of “witnesses.” And there is no concern that stopping to turn on a camera at the very beginning of an incident may result in its intensification or danger to those involved.

What results is a protest against what should help in the proper function of the justice system. Whom does that help? The protesters, and the lawyers seeking either conviction of the police or large monetary settlements. Perhaps they are justified, but limiting the opportunity to obtain unbiased evidence is not the way to accomplish legitimate goals. Both the public and the police are entitled to a fair system and a level playing field.

April 20. 2017

Payback

Full page headline in the New York Times, July 9, 2016:

Five Officers Killed As Payback, Chief Says

I know what “payback” means. So do you. Despite the fact that it's not in any of the eight slang dictionaries I consulted, or in several standard dictionaries (including my copy of the OED), the word is in common usage. The few references that do include it define it in a neutral manner as referring to interest on an investment, but the more common use, especially by the non-economists among us, is revenge for a perceived wrong.

In this particular case the “payback” resulted in the shooting deaths of five Dallas police officers and the wounding of seven others. The police were guarding a “Black Lives Matter” rally, and they were targeted because they were white. The killer, who died during the incident, stated that his goal was to kill police, especially white ones. He viewed his act as retaliation for the deaths of blacks by police – which was the reason for the rally in the first place.

There is no possible excuse for an unjustified killing, whether by the police or by a civilian, and they should all be thoroughly investigated with appropriate action taken against the guilty. But the investigation and legal proceedings should precede the punishment. “Vigilante justice” is an oxymoron. It has become common for accusations and insinuations to be aired and spread, and used as justification for additional acts before all the facts are known. Some individuals have a pattern of inciting protest and manipulating hatred because it serves political ends, and truth is not the primary issue. Accusation and conviction have been melded, and they often take precedence over the rule of law.

But “accusation” and “guilt” are not synonyms, notwithstanding the indignation of the protesters. The trials in Baltimore suggest that what appears to be intentional may not be so; and what appear be a result of bias may have other explanations. Fear is not a justification for an “itchy trigger finger,” but police anxiety probably is involved, with the United States Department of Justice reporting that “The offending [homicide] rate for blacks was almost 8 times higher than whites.” (Wikipedia citing DOJ statistics.) Moreover, according to the Federal Bureau of Investigation, in 2013 (the last year for which they published those figures online), 2,491 “Black or African American” individuals died as the result of homicides. At least (and that term is used because the race and ethnicity of the killers in some instances wasn't known) 2,245 of the killers were “Black or African American.” I suspect that the numbers this year are not much different. Black lives mattered then, but I don't recall any protests or payback then, or since, when there was no involvement of police. Additionally, there were 3,164 homicide victims who were “White” or “Other race,” as well as 68 for whom race was not listed. Similarly, the response was so muted that I was unaware of it. Their lives didn't matter.

With or without justification, when police are dealing with blacks they are more likely to “shoot first and ask questions afterward.” It's wrong, but it may play a part. As may the use of public media and the misleading of the public about the nature of the events. According to the Washington Times:

more white people died at the hands of law enforcement than those of any other race in the last two years, even as the Justice Department, social-justice groups and media coverage focus on black victims of police force.

And, from the Washington Post,

The black population in America ranged from 11.6 percent to 13 percent between 1980 and 2013. Compared to the percentage in the population, the percentage of black offenders who killed police officers appears to be disproportionately high.

That hardly justifies either additional killings by the police or the use of retaliatory attacks by civilians, but it highlights the existence of a situation that has been misrepresented in order to provoke an atmosphere that justifies “payback” in the minds of too many of those exposed to it. The media say little to add perspective to the situation; they benefit from controversy and conflict. And the use of social media to air one side of a story, with the implication that it is the complete record, is misleading and, at least on the part of the provocateurs, an unforgivable distortion, reflecting a political agenda. That they have recruited large numbers of others, often those who consider themselves liberals, is evidence of the success of their effort.

The indignation on the part of the vast majority of participants is genuine and justified, however, even if it is inconsistent with the full story. It is as genuine as that of Muslims who have been convinced of a conspiracy against them – convinced by their radicalized and prejudiced leaders. And the actions of those who selectively assassinate white police are comparable to those of the angry and believing jihadists who have been taught since childhood that one becomes a martyr by killing Jews – any Jews of any age, awake or asleep, if he dies in the effort.

A problem exists. Neither mob confrontation nor lone wolf action is the solution. Better training of police officers and a return to the rule of law by those who believe injustices have been done are a starting point.

But to solve a problem you must understand the problem. Denial doesn't work, nor does misrepresentation of the full picture. They just make the problem worse.

[This essay was written hurriedly, and some of the sources were not listed. They can be found, however, using Google or another search tool.]