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Easy Solutions To Stopping Police Misconduct
By Lafe Tolliver, Esq
Guest Column
You know, in light of the recent national discussions
and demonstrations regarding the recent shootings of black
males by white police officers, I am still rubbing my head
trying to find out what is so difficult so as to implement
policies and guidelines that will greatly reduce these
unnecessary deaths and restore public confidence in the
police.
The national trend is apparently to shoot first, using
deadly force and, then, when the gun play is over, you ask
questions that should have been answered before a cop pulls
his weapon.
It is as if the mere suggestion of using means other
than deadly force is met with strong resistance from police
unions that somehow see any infringement upon their right or
ability to dig new graves as an affront and a gross
indignation.
Lost in this discussion is the salient fact that the
police are public servants who are to protect and serve and,
despite a few ugly incidents of police gone wild episodes,
every officer is wrongfully painted with the same, “Go
ahead, make my day” mentality.
Last time, I recall, being a public servant means that
you are under the control and power of someone else and that
someone else is referred to as John Q. Public.
Somehow that concept has been seemingly lost to some
police officers who think that they are a law unto
themselves and are only answerable to themselves for their
conduct, good or bad.
The last time I checked, the only Double 007 license to
kill was issued in Hollywood movies and only to James Bond.
Nothing can take the air out of a room or a discussion
faster than when you have a police officer who goes rogue
and believes that with a badge and a gun, he is above the
law and how dare anyone question his gun slinging perks.
Nor does it help public confidence when the police
officer who engages in
questionable gun play can remorsefully plead to the secret
grand jury and a pliable co-worker, a/k/a the prosecutor who
does not grill the officer.
Nor does the reluctant prosecutor treat the officer who
appears before the grand jury as a suspect in a possible
crime…which he is and which it is!
So, with the above contextual monologue, the below are
my suggestions for
reforming this “shoot first” policy so that the public can
have more confidence that when they see a white officer gun
down an unarmed black person, especially the fabled and
dreaded big, burly, male buck, that we can believe that it
was a “good shoot.”
(1) Whenever there is a factual issue of a police officer
shooting a civilian, a special prosecutor should be
immediately appointed by the governor. This special
prosecutor must have no ties to the local police or its
union.
It should go without question that there is a severe
conflict of interest when
you have a local prosecutor who works daily with the same
police officers and who may even attend their social
functions; and who may seek a political
endorsement from union when that prosecutor runs for public
office, to turn around and bring them before a grand jury.
That should be a no brainer but often more times than
not, it is the police
investigating their own and that has poses grave problems of
fairness and impartiality.
That is akin to you getting food poisoning at a local
restaurant and allowing the local
restaurant owner to investigate his own kitchen crew and
report his own findings as being conclusive.
Not much confidence there…is there?
(2) Reformatting the training at the police academy where
alternative means are also taught and modeled regarding the
use of force that is other than deadly.
How many times have we heard about police shoots in
which the first thing that comes to mind is, “why didn’t
they use a baton or Mace or tear gas or a net or rubber
bullets or a Taser?
Why is it always a knee-jerk reaction to use deadly
force even when the targeted person is unarmed and poses no
threat to the safety of the police officers or the public?
Especially in cases in which the person is mentally
deficient or the police know the person and where he or she
lives and they can regroup and later arrest that person
without killing them?
Especially so in nonviolent, misdemeanor cases where
the person poses no threat to him or herself or anyone
around them.
(3) Constant retraining of police officers in the use of
tactics that do not require the use of a gun. Doctors and
lawyers have to get so many continuing education credits
each year or every other year in order to maintain their
licenses.
Do cops have to have so many retraining hours per year
in human psychology, gun usage, crowd control, anger
management, domestic violence and mental health issues in
order to wear a badge and gun? If not, this is long overdue
for every police officer.
(4) Revamp the evaluation standards that police wanna-bees
have to go through in order to get into the police academy.
If you are finding recruits who are emotionally immature or
are subject to rage and fits and have cultural and racial
baggage, they should be immediately thrown out of the rookie
police pool as being unfit for service.
(5) Independent Citizens Police Review Board: This is an old
concept. Even Toledo has one but the problem is…what plenary
powers does it have? Can it issue subpoenas with enforcement
mechanisms so that a contempt citation can be issued against
a police officer that refuses to show up or give testimony?
Can it issue binding findings against the police
department and suggest sanctions against any confirmed
violations of policy?
Can this board have powers to compel documents from
city agencies?
If a citizens’ police review board is not supported by its
city council... it goes nowhere. Also, the board must be
populated by citizens who are independent thinkers and who
are not intimidated by a blue uniform.
If the population of the review board is filled with
political hacks and “yes” people who are not vetted as to
their agenda and their ability to ask the tough questions,
they are not needed.
The board also needs to have a secretary,
investigator(s), sergeant at arms and a chairperson with no
ties to the police or to the city powers that be.
If the above suggestions are implemented in Toledo, we
will be able to endure when a Ferguson situation arises or
when an Eric Garner confrontation arises.
Do none of the above? The chilling chant of “I Can’t
Breathe!” is then only a breath away from Toledo.
Contact Lafe Tolliver at
Tolliver@Juno.com
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