POLICING
Policing in America has been a topic of division recently due to white officers killing black men in two separate incidences. In one incident the officer knelt on the handcuffed, unarmed individual until he killed him. It was all caught on video. It was a very disturbing, inhuman incident. It was a cold blooded murder. The second incident, two white officers were called to the scene of a Wendy's drive thru where the driver fell asleep behind the wheel of his vehicle in the drive thru lane. After a field sobriety test, the officers attempted to arrest the individual for driving under the influence but, he resisted and fought the two officers. During the violent scuffle he stole an officer's taser and started running away. He then turns around and shoots the taser at the pursuing officer and was shot to death. It too was captured on video. In my opinion, this incident was a justified shooting. However, this incident happened about a week after the first shooting so it became extremely political. This article is not to discuss specific incidences of police shootings but rather the subject of policing in America and some common sense changes that can propel policing into the 21st century. I believe I have expertise in policing since prior to my current career as an attorney, I was a police officer. I believe current policing is antiquated. There is a current movement to defund or get rid of police departments by some but, this would be a grave mistake. If we were to defund or do away with police departments, the impoverished communities that need them the most would suffer. Policing and criminal justice has always been an area of interest to me. I have received a bachelor of science degree in criminal justice from Florida Atlantic University in Boca Raton, Florida. I then was a police officer for approximately 10 years prior to my current 24 year career as an attorney, where my primary areas of focus are criminal defense and immigration. My hope is that this article can be useful as a starting point for a sincere discussion to assist in transforming policing in America into the 21st century. This will benefit all the stakeholders involved but most importantly, it will change the way minority communities see the police. In order to start a sincere dialogue, we must leave emotions and politics out.
First a disclaimer, I love the police! Now that I got that off my chest, lets begin with a question. Does policing in America need to be reformed? To me the answer is clear. Yes, it not only needs to be reformed but, it is in desperate need of a make over. Instead of defunding, we should be investing more money into policing. But, not just pouring more money into police departments for business as usual. Business as usual does not work. Most police departments are antiquated. By just pouring more money into a broken system is not a wise investment in public funds. Look at the New York City Police department. They have approximately 40,000 sworn police officers. This makes them larger than many militaries around the world. They take pride in saying that they are the best police department in the world. But, they are still using memo books to document their daily activity. Memo books are rectangular note pads in a black leather cover that each officer sticks in their back trouser pockets. It is akin to a daily diary of activities that police officers keep. Then, a sergeant or above will periodically meet with the officer on the street to initial the "memo book." That is no joke. You would think that with the current advances in technology that they would not use this memo book system that I was using when I was a cop on the NYPD in the early 80's. This is just one minor example of outdated police practices. I believe that the recent events and the protest that followed are a statement that communities are done with policing as usual. However, since emotions are high and ignorant politicians are politicizing this issue, no one is listening.
The first step that I would take, if anyone cared to listen, is to organize and convene a group of individuals devoted to making positive changes. I would suggest 9 individuals that way we can assure there will not be a tie. The group can be comprised of community leaders, people in the community that are respected like people of faith, criminal justice experts, attorneys, and police officers.; not a police chief or a mid level supervisor but a regular street cop. Some areas that should be discussed for sincere police transformation are;
1- Chief of police
2-Weaponry
3-Age
4-Education
5-Police registry
6-Compensation
This is not an all inclusive list but it's a start. Lets discuss the above topics individually;
Chief of Police
I believe that the chief of police position should be a civilian position. Before you criticize my recommendation, consider that the President of the United States is a civilian and Commander in Chief of the most potent military in the world. His trained military personnel all take orders from him. If you ask me how this system of a civilian in charge of the military has been working out I'd say pretty well. So why can't it work with a police department? Instead we hire chiefs of police who have been cops for many years. I believe they are part of the problem. They are part of the antiquated system. Look at the Minneapolis police chief. Minneapolis is where the first incident aforementioned occurred. Before his appointment, he was a police officer for approximately 30 years in the Minneapolis police department. All of a sudden he has all the answers to reform the police department. Why didn't he do it before? In addition, how can he possibly manage officers that he was a street cop with? I would think that the community may have a problem trusting him since he was a part of a department that has had problems. It makes no sense to me to hire a person within, to be the police chief. For this civilian police chief position that I am proposing, the hiring body should require strict qualifications. Qualifications that should be considered are individuals with higher education in the area of social sciences, psychology, philosophy, legal studies, etc... These areas of interest or expertise can benefit the communities. I would think that this type of system will be a welcomed transformation. It will create a system of immediate trust with the community. Whether the community is poor or affluent, it can only be a win for all the stakeholders but mostly for the communities where this system is implemented. And, no worries that the civilian police chief has no police experience because his assistant and all the mid level mangers will be certified police officers with police experience.
Weaponry
Police offers will always need to be armed with lethal weapons. That is just the nature of the work they do. We can't expect the police to respond to an armed robbery in progress with a non lethal weapon. Most calls that police officers respond to are not of the armed robbery type. Maybe it started that way but when the police get to the scene the suspect is gone. There needs to be other non lethal weapons that can be helpful in an emotional type of call to deescalate the situation. It should not be an all or nothing approach. If the call the officer is responding to is one where emotions are high as in a domestic disturbance call, a non lethal weapon may be extremely beneficial to everyone involved. I believe that police officers don't go to work with an approach that they want to kill someone. But, the system in most departments furnish the officer with a gun and maybe a taser and some impact weapons, that's it. In my opinion that is not enough. This may sound crazy but hear me out before passing judgment. Part of the funding to police departments should be used for research in non lethal weapons like a high powered pistol that shoots a foam like substance, the type of foam that comes out of a fire extinguisher. Shot to the face or body of a suspect can cause disorientation in the suspect from a distance without dire irreversible results. This can buy the officer enough time to subdue the suspect without killing him. This type of weapon can benefit all stakeholders. I am positive that this type of weapon, if it doesn't already exist can be developed. I should consider patenting such a weapon! Just a little ice breaking humor. I did a simple google search and found other non lethal type of weapons that can and should be used such as a gun that fires tear gas and pepper pellets to disorient a suspect. This is the type of research and development that a civilian chief of police would probably consider quicker than a 30 year plus cop turned police chief who has all the answers to policing.
Age
Many police departments have an age requirement to become a police officer. The younger end of the spectrum is 18-21 years old. The older end is 35 years old with an increase in the age if the individual has military service. I propose eliminating the upper age restriction. I believe the older an individual is the more mature they are. In addition, the older individual will bring wisdom and life experience to the policing profession. If an individual is 60 and looking for a career change as long as he can pass the physical, psychological and background check, I don't see why they cannot be considered. In fact, I would highly recommend a more matured individual because I believe that they would be more inclined to deescalate a situation based on their age and life experience than a 25 year old that looks like Dwayne "the rock" Johnson all buffed and ready to kick some ass or like Laila Ali who will cause some serious damage to a non compliant suspect. You get the picture. I also believe that with a more mature police officer the public will respond in kind.
Police registry
I believe a nationwide police register should be instituted. Not just to register bad behavior by a cop but all behavior, good and bad. If the officer has received commendations and metals for his service it should be documented on the national registry. If the officer has received disciplinary action it should too be documented on the national registry. Also this registry should be online for all to access. It should not be just for hiring purposes. It should be for everyone to see. A system like this should be welcomed by all stakeholders. This would be a transparent checks and balances that is long over due.
Compensation and education
These two sections go hand in hand. Most police departments just require a GED or High School diploma for becoming a police officer. This is insane! However, in order to get more qualified college graduates on the police departments, they will have to pay them more. Imagine if you will, a police officer who is 22 years old with a high school diploma responding to a domestic disturbance call where the caller a 40 year old professional women called the police because she caught her 50 year old surgeon husband cheating on her with her best friend who is a psychologist. The husband then tells the officer, "get the fuck out of my house!" As he walks away into another room. This may sound like a fiction but it is not. I handled a call just like that when I was a cop. We expect so much from our police officers but, the education and compensation is not in par with the job of policing. This is where funding can be invested in police departments to hire officers with at least an associates degree and pay them according to their level of education.
The way I see it, policing is a calling. I believe that individuals join a police department to become police officers to make a difference in a positive way in their communities. But in a way, the system as it presently is has let them down. They are put in an impossible situation. Lately when I see officers vilified, spit at, assaulted and killed it breaks my heart. A very small percentage of police officers who are not worthy of wearing a badge are making it very difficult for the rest who understand they may never come home but continue to serve and protect. All for a wage that in my opinion is not worth the risk. But they do it anyway. These are true heroes. The system of policing has to take responsibility for what is currently going on in society. In order for policing to survive and for the communities to be the beneficiaries, the system needs some changes. I hope that this article will make a difference. I hope that at least it will open up the way for an honest discussion. We as a society cannot give up on the institution of policing. We are a country of law and order. Without individuals who are willing to put their life on the line to maintain law and order we would have nothing. I would not be writing this article or enjoy the things I have, if it wasn't for our brave men and women in blue. Whenever I am in a store or restaurant with an officer, I show my appreciation to the men and women in blue by paying their bill. I feel fortunate to be able to do that and it's my way of saying thank you for what they do. I'm not saying you should do the same or that I am better than you. But, maybe next time you see a police officer just thank them. I leave you with a poem on point.
"I'm just like you, I have been where you fear to be; I have seen what you fear to see; I have done what you fear to do; All these things I have done for you. I am the one you lean upon. The one you cast your scorn upon. The one you bring your troubles to. All these things I have done for you. The one you ask to stand apart. The one you feel should have no heart. The one you call "the man in blue." But I am a person just like you. And through the years I have come to see, that I am not what you ask of me. So, take this badge, take this gun. Will you take it? Will anyone? And when you watch a person die and hear a battered baby cry, then do you think you can be all those things you ask of me?"
Just a thought.
First a disclaimer, I love the police! Now that I got that off my chest, lets begin with a question. Does policing in America need to be reformed? To me the answer is clear. Yes, it not only needs to be reformed but, it is in desperate need of a make over. Instead of defunding, we should be investing more money into policing. But, not just pouring more money into police departments for business as usual. Business as usual does not work. Most police departments are antiquated. By just pouring more money into a broken system is not a wise investment in public funds. Look at the New York City Police department. They have approximately 40,000 sworn police officers. This makes them larger than many militaries around the world. They take pride in saying that they are the best police department in the world. But, they are still using memo books to document their daily activity. Memo books are rectangular note pads in a black leather cover that each officer sticks in their back trouser pockets. It is akin to a daily diary of activities that police officers keep. Then, a sergeant or above will periodically meet with the officer on the street to initial the "memo book." That is no joke. You would think that with the current advances in technology that they would not use this memo book system that I was using when I was a cop on the NYPD in the early 80's. This is just one minor example of outdated police practices. I believe that the recent events and the protest that followed are a statement that communities are done with policing as usual. However, since emotions are high and ignorant politicians are politicizing this issue, no one is listening.
The first step that I would take, if anyone cared to listen, is to organize and convene a group of individuals devoted to making positive changes. I would suggest 9 individuals that way we can assure there will not be a tie. The group can be comprised of community leaders, people in the community that are respected like people of faith, criminal justice experts, attorneys, and police officers.; not a police chief or a mid level supervisor but a regular street cop. Some areas that should be discussed for sincere police transformation are;
1- Chief of police
2-Weaponry
3-Age
4-Education
5-Police registry
6-Compensation
This is not an all inclusive list but it's a start. Lets discuss the above topics individually;
Chief of Police
I believe that the chief of police position should be a civilian position. Before you criticize my recommendation, consider that the President of the United States is a civilian and Commander in Chief of the most potent military in the world. His trained military personnel all take orders from him. If you ask me how this system of a civilian in charge of the military has been working out I'd say pretty well. So why can't it work with a police department? Instead we hire chiefs of police who have been cops for many years. I believe they are part of the problem. They are part of the antiquated system. Look at the Minneapolis police chief. Minneapolis is where the first incident aforementioned occurred. Before his appointment, he was a police officer for approximately 30 years in the Minneapolis police department. All of a sudden he has all the answers to reform the police department. Why didn't he do it before? In addition, how can he possibly manage officers that he was a street cop with? I would think that the community may have a problem trusting him since he was a part of a department that has had problems. It makes no sense to me to hire a person within, to be the police chief. For this civilian police chief position that I am proposing, the hiring body should require strict qualifications. Qualifications that should be considered are individuals with higher education in the area of social sciences, psychology, philosophy, legal studies, etc... These areas of interest or expertise can benefit the communities. I would think that this type of system will be a welcomed transformation. It will create a system of immediate trust with the community. Whether the community is poor or affluent, it can only be a win for all the stakeholders but mostly for the communities where this system is implemented. And, no worries that the civilian police chief has no police experience because his assistant and all the mid level mangers will be certified police officers with police experience.
Weaponry
Police offers will always need to be armed with lethal weapons. That is just the nature of the work they do. We can't expect the police to respond to an armed robbery in progress with a non lethal weapon. Most calls that police officers respond to are not of the armed robbery type. Maybe it started that way but when the police get to the scene the suspect is gone. There needs to be other non lethal weapons that can be helpful in an emotional type of call to deescalate the situation. It should not be an all or nothing approach. If the call the officer is responding to is one where emotions are high as in a domestic disturbance call, a non lethal weapon may be extremely beneficial to everyone involved. I believe that police officers don't go to work with an approach that they want to kill someone. But, the system in most departments furnish the officer with a gun and maybe a taser and some impact weapons, that's it. In my opinion that is not enough. This may sound crazy but hear me out before passing judgment. Part of the funding to police departments should be used for research in non lethal weapons like a high powered pistol that shoots a foam like substance, the type of foam that comes out of a fire extinguisher. Shot to the face or body of a suspect can cause disorientation in the suspect from a distance without dire irreversible results. This can buy the officer enough time to subdue the suspect without killing him. This type of weapon can benefit all stakeholders. I am positive that this type of weapon, if it doesn't already exist can be developed. I should consider patenting such a weapon! Just a little ice breaking humor. I did a simple google search and found other non lethal type of weapons that can and should be used such as a gun that fires tear gas and pepper pellets to disorient a suspect. This is the type of research and development that a civilian chief of police would probably consider quicker than a 30 year plus cop turned police chief who has all the answers to policing.
Age
Many police departments have an age requirement to become a police officer. The younger end of the spectrum is 18-21 years old. The older end is 35 years old with an increase in the age if the individual has military service. I propose eliminating the upper age restriction. I believe the older an individual is the more mature they are. In addition, the older individual will bring wisdom and life experience to the policing profession. If an individual is 60 and looking for a career change as long as he can pass the physical, psychological and background check, I don't see why they cannot be considered. In fact, I would highly recommend a more matured individual because I believe that they would be more inclined to deescalate a situation based on their age and life experience than a 25 year old that looks like Dwayne "the rock" Johnson all buffed and ready to kick some ass or like Laila Ali who will cause some serious damage to a non compliant suspect. You get the picture. I also believe that with a more mature police officer the public will respond in kind.
Police registry
I believe a nationwide police register should be instituted. Not just to register bad behavior by a cop but all behavior, good and bad. If the officer has received commendations and metals for his service it should be documented on the national registry. If the officer has received disciplinary action it should too be documented on the national registry. Also this registry should be online for all to access. It should not be just for hiring purposes. It should be for everyone to see. A system like this should be welcomed by all stakeholders. This would be a transparent checks and balances that is long over due.
Compensation and education
These two sections go hand in hand. Most police departments just require a GED or High School diploma for becoming a police officer. This is insane! However, in order to get more qualified college graduates on the police departments, they will have to pay them more. Imagine if you will, a police officer who is 22 years old with a high school diploma responding to a domestic disturbance call where the caller a 40 year old professional women called the police because she caught her 50 year old surgeon husband cheating on her with her best friend who is a psychologist. The husband then tells the officer, "get the fuck out of my house!" As he walks away into another room. This may sound like a fiction but it is not. I handled a call just like that when I was a cop. We expect so much from our police officers but, the education and compensation is not in par with the job of policing. This is where funding can be invested in police departments to hire officers with at least an associates degree and pay them according to their level of education.
The way I see it, policing is a calling. I believe that individuals join a police department to become police officers to make a difference in a positive way in their communities. But in a way, the system as it presently is has let them down. They are put in an impossible situation. Lately when I see officers vilified, spit at, assaulted and killed it breaks my heart. A very small percentage of police officers who are not worthy of wearing a badge are making it very difficult for the rest who understand they may never come home but continue to serve and protect. All for a wage that in my opinion is not worth the risk. But they do it anyway. These are true heroes. The system of policing has to take responsibility for what is currently going on in society. In order for policing to survive and for the communities to be the beneficiaries, the system needs some changes. I hope that this article will make a difference. I hope that at least it will open up the way for an honest discussion. We as a society cannot give up on the institution of policing. We are a country of law and order. Without individuals who are willing to put their life on the line to maintain law and order we would have nothing. I would not be writing this article or enjoy the things I have, if it wasn't for our brave men and women in blue. Whenever I am in a store or restaurant with an officer, I show my appreciation to the men and women in blue by paying their bill. I feel fortunate to be able to do that and it's my way of saying thank you for what they do. I'm not saying you should do the same or that I am better than you. But, maybe next time you see a police officer just thank them. I leave you with a poem on point.
"I'm just like you, I have been where you fear to be; I have seen what you fear to see; I have done what you fear to do; All these things I have done for you. I am the one you lean upon. The one you cast your scorn upon. The one you bring your troubles to. All these things I have done for you. The one you ask to stand apart. The one you feel should have no heart. The one you call "the man in blue." But I am a person just like you. And through the years I have come to see, that I am not what you ask of me. So, take this badge, take this gun. Will you take it? Will anyone? And when you watch a person die and hear a battered baby cry, then do you think you can be all those things you ask of me?"
Just a thought.