These last few weeks have riveted the country’s attention on police brutality. The murder of George Floyd was an atrocity, and unfortunately it’s not the first one. As we have so often in our history, it’s time for America to respond with appropriate and reasonable reform. It’s not time to lose our heads, however.
The “defund the police” movement is not the answer. My colleagues Rep. James Clyburn of South Carolina, Rep. Bennie Thompson of Mississippi, and Delegate Eleanor Holmes Norton of the District of Columbia, all members of the Congressional Black Caucus, spoke out against it last week. Ms. Norton said that the poorest of the people she represents live in the parts of town that experience the most homicides and crime. “I’m not sure I would hear them saying we ought to reduce the number of police, I may hear them saying just the opposite,” she said.
Neither does it make sense to paint all of law enforcement with a broad and negative brush. We all need law enforcement and we are blessed that the vast majority of our officers are good professionals, often doing their jobs under dangerous circumstances. Last year 89 officers died in the line of duty in the U.S. Many more were injured. Most of us don’t work in a job where it is unclear whether we will return home at the end of the day safe and sound. But they do.
It is undeniable, however, that there are rogue officers treating black people unprofessionally, injuring and, yes, even killing them. That’s not acceptable. We need to make reforms to our law enforcement system, and some of those reforms will indeed cost more, not less, money.
This issue is primarily a local one as that is where most law enforcement officers work. Better and stricter standards, better training on those standards, and better discipline of officers who act outside those standards, all must occur locally.
There are some things we can do at the Federal level, however, and there are a number of recent proposals. I believe there is a significant level of concern across both parties and enough consensus around some of the proposals that we should be able to pass a bill which is broadly bipartisan. The fact that the Democrats filed their bill with no effort to consult and work with Republicans, indeed against direct appeals to include us, is very disappointing, but we can’t let that stop us from finding common ground, without which there will be no change in the law.
We are presently scheduled to vote on a police reform bill next week, and while the Democrats have filed this purely partisan bill, I hope there will be a real opportunity for dialogue.
I support a Federal ban on lynching, and we should condition Federal grants to local law enforcement on adherence to higher standards, particularly on the use of force. More Federal money should go for training to these higher standards. We need to collect and report more and timely information on the use of force and more Federal money should go to pay for body cameras. We should ban racial profiling but do it in such a manner that the ban wouldn’t preclude the appropriate use of information about specific suspects or specific crimes.
I’m open to discussing some reform to the legal doctrine of “qualified immunity” which shields law enforcement officers from legal action when they are acting in the line of duty. The doctrine needs more clarity which a well-drawn statute could bring. But I oppose outright repeal because that would leave officers who have acted appropriately the subjects of endless lawsuits which would likely result in these officers pulling back from doing their jobs.
For this same reason I am concerned about lowering the standard for criminal actions against law enforcement under the Civil Rights statutes. Presently, prosecutions against law enforcement officers require proof that the officer acted “willfully,” but some of the new proposals would lower that to proof of “reckless disregard.” Go look at the legal definition of the latter and it will leave you scratching your head as to what the courts mean. You don’t want a law enforcement officer in the middle of a violent situation, where he is present to protect innocent lives, to be scratching his head. If we are going to change that standard at all it needs to be very clear and precise.
Go back to what Ms. Norton said. Who is going to be harmed the most if law enforcement pulls back, if they retreat from their duty? It’s the poor, who are all too often the victims of crime and are also likely to be from a racial minority.
Let’s say it plainly. Black people are of equal moral value as white people. It’s Biblical, it’s American. And to treat people differently based on their race is morally and legally repugnant. To injure or kill them for the same reason goes against everything we stand for.
We are Americans, Black, White, Asian, and Hispanic. We are liberals and conservatives, Democrats and Republicans, and everything in between. All of us are the beneficiaries of the American system of justice, however imperfect it may seem, because it’s the ultimate expression of civilization. Due process, the equal application of the law, limits on the power of the state (that includes law enforcement), and the basic principles and of our common humanity underly this system.
We stand with one another. With black people wronged by rogue law enforcement officers. With the vast majority of law enforcement who throw themselves at danger to protect us and conduct themselves with professionalism and with little pay.
And we should do all this using, not losing, our heads.
Archives
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016