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Did we learn anything from Danziger?

17th October 2011   ·   0 Comments

By Michael Radcliff
Contributing Writer

Part III in a four-part series

Editor’s Note: Delving deeper into the processes which brought about the utter breakdown of the NOPD in the aftermath of Hurricane Katrina, The Louisiana Weekly assembled a panel of experts in the fields of law enforcement, sociology, criminology and Social justice, to gain insight into the mindset, culture and inner workings of the New Orleans Police Department, its officers and management. The purpose of this article is in no way to further vilify the police department or its officers, but instead to (1.) gain an understanding of a set of problems unique to this institution; (2.) solicit candid discussion of topics heretofore considered taboo; and (3.) offer up expert opinion as to possible solutions which may aid in improving the image, delivery system and overall outcome of the New Orleans Police Department. The panel includes, Mr. Larry Preston Williams, a former NOPD intelligence agent and detective who currently works as a forensic security consultant and criminal incident analyst; sociologist Dr. Kathleen Fitzgerald Ph.D., an author and Professor of Sociology at Loyola University at New Orleans; renown criminologist Dr. John Penney, Ph.D., Th.D., the Chair of the Department of Social Sciences, and both Dean and Professor of the School of Criminal Justice at Southern University at New Orleans; and Mr. Jordan Flaherty, a journalist, community organizer and social commentator.

Law Enforcement — Not a Hobby, Not a Trade, But a Profession

In 1967, at a time of riots, rallies, anti-war, anti-establishment and anti-police protests. Richard Nixon was elected primarily on the platform of restoring law and order to a country rapidly drifting into widespread civil disobedience. The country was reeling from the Berkeley demonstrations out West; Detroit riots up North; and civil rights atrocities taking place down South. The often harsh and brutal reactions of police across the nation left a lot to be desired, and earned the cops, for a time, the nickname “pigs.”

Fortunately, after having sifting through the rubble, it was found that these mishandled events did in fact provide a teaching moment as to “How NOT to run a Police Department” in America. The emergence of educated policing was a legacy resulting from the President’s Commission on Law Enforcement and the Administration of Justice, virtually forcing police departments across the nation to confront their weaknesses and make radical, systemic changes to their respective institutions. One of the most significant recommendations suggested as a vehicle for change was to create a “better-educated police force.”

The day-to-day demands placed on your typical police officer requires an extensive skill set and knowledge base. She/he oftentimes has to do rapid assessments which may require making life-or-death choices in a matter of seconds; He/she needs to know when to act as a mediator, peacemaker, or enforcer. Officers need to be capable of displaying knowledge of various cultures; to be flawless in the application of police policies and procedures, and the list goes on.

Today while the educational levels of officers has risen exponentially. The standards have been raised – resulting in younger, better educated officers, who seemingly receive less overall complaints with regard to their performance and attitudes. However, there continues to exist on the fringes, and element, usually veteran officers with less education, who remain resistant to change. It is undeniable that there is a considerable value attached to the knowledge base, proper techniques and practices a veteran officer possess; and while some police departments continue to embrace the old adage “experience is the best teacher,” it begs the question, as to “what experiences, who are these teachers, and what are they teaching?”

Walker & Katz’s explains that there are in fact two cultures with respect to police education. (1.) The “old street cop” who values street experience over textbooks; and usually take a tough approach to dealing with the public, and (2.) the more educated, younger, officers, who prefer to go by the book with regard to written rules and procedure in dealings with public, and who are typically, more accepting of Supreme Court rules on police practices.

Policelink, a website dedicated to the needs of law enforcement personnel, in its blog, “The Impor­tance of Continuing Education for Cops,” explains to its members, “The reality of law enforcement is that we use our pens and our laptops far more than we ever use our guns. While firearms proficiency may save our life someday on the street, the ability to put words on paper in a cohesive and comprehendible manner may someday save our butt in court, or at least make our day-to-day existence as a crime fighter easier. All those term papers and essay tests you slaved over in college will make completing the narrative on that residential burglary report so much easier. Defense attorneys often defend a case based on the quality of the police report, including the officer’s ability to document his or her investigation, the defendant’s actions, and the elements of the offenses charged. A prosecutor may decide not to take an otherwise airtight case because the police reports are substandard.”

Racist Cops — Reality or Perception?

It’s a foregone conclusion that racism and cultural bias continues to exist in New Orleans; in Loui­siana; in the South; in America; and yes, even in the world. In all likelihood, it will always exist in one form or another and the best that we can hope for as a society is to educate those less enlightened individuals, and have in place safeguards to diminish its impact on individuals, groups and institutions.

Unique to the African-American experience is a history of being abused and discriminated against by other races, groups, institutions, and in particular the police. It’s an indisputable fact. Yet times have changed; and not all, or even most white people are inherently racist. Even as the Tea Party, which some consider to be a racist group, recently came near to bankrupting the country. Yet in reality they only make up a small fraction of those elected to Congress. In this, the “ME” generation, most people are simply all about themselves. Yet the memories of past history and past experiences still persist and continue to haunt some African Americans and can at times distort perceptions.

Does racism exist? Of course it does, but does it exist to the extent that some believe?

Forever in the minds and opinions of a large number of African Americans, the image of Rodney King being beat down by the Los Angeles Police Department (LAPD) symbolized the racism which existed on the police force. Most tended to overlook the fact that “poor,” 300-plus pound Rodney was drunk (over twice the legal limit), driving a car at speeds in excess of 117 miles per hour on the interstate, and in excess of 80 miles an hour through residential neighborhoods; and then after all of that, he had the audacity to resist arrest. Sure the beating was overkill, but it wasn’t like Rodney was some poor, innocent, defenseless Black man coming home from work. Rodney was coming from a party — and the Black community rioted! Would the Black community have been so quick to demonize the LAPD had poor Rodney ran over a young Black child trying to cross the street the night of his rampage?

“As a rookie in uniform working with a white officer,” recounted Mr. Larry Preston Williams, “one night we detained and subsequently made an arrest of a white fugitive in the Garden District. When I proceeded to handcuff the suspect, he made the mistake of telling my partner that he did not want to be touched by a ‘nigger.’ Suffice it to say, my white partner went ‘medieval’ on him. That was the first time I actually felt sorry for a white person who called an African American a ‘nigger.’ It was the ‘Blue Wall’ in action, a perfect expression of that solidarity extending across racial lines.

“When I became a plain clothes detective,” Williams continued, “one of the first serious cases of police brutality I encountered was actually a case of white cops beating up a white suspect. Those cases pretty much fell under the radar because… we African Americans — we always had The Louisiana Weekly. [B]ack then if a white cop beat up a Black person, the Weekly would send someone to take pictures of the victim and do a story on the incident; but the white victims didn’t have that kind of recourse. Very rarely would the (Times) Picayune run a story of whites being beaten by white cops, and it seemed to me white victims of brutality shied away from making their victimizations public. To say that white cops didn’t beat other whites as much as they did Blacks is untrue; but it was because of the ‘Eye,’ a term we used to describe The Louisiana Weekly, Black officers weren’t able to police the way white officers did and still be accepted in the African-American community.”

According to a Crime Com-mission study (Black and Reiss), expressed prejudice does not necessarily translate into behavior. It goes on to say that more prejudiced officers are only somewhat more likely to make arrests and often exert only a “meager” influence on departmental policy. Less prejudiced officers, the study found, were more likely to treat citizens in a “neutral” manner, neither punitive nor favorably. The reason stated why prejudicial attitudes did not translate into behavior was because today officers are constrained by department and criminal justice bureaucracy. For example, arrests are usually highly visible actions, and they come to the attention of other people who review officers’ performance.

An experimental study performed by Levin and Thomas (1998) entitled “Experimentally Manipulating Race: Perceptions of Police Brutality in an Arrest” sought to determine the effects of racial identity of the police on citizen perceptions of police brutality. The researchers produced three videotapes. Each depicted a Black male suspect being arrested by two police officers. The hypothetical suspect resisted slightly; thus, the police officers had to use a moderate amount of force. The racial identity of the police officers varied with each videotape. In the different videotapes the officers were either both white, both Black, or one of each race. Police caps, uniforms, and gloves covered the officers’ other features. Twenty-eight white college students and 33 Black college students each viewed one version of the tape. The participants were randomly assigned to the tapes. Results revealed that the participants’ perceptions of violence and illegality were influenced by the racial identity of the police officers. Both Black and white participants were significantly more likely to see violence and illegality when both arresting officer were white. Findings suggested that at present, police-community relations will be severely strained whenever exclusively white police are stationed in communities of color.

“I can recall early in my police career as a rookie in the Sixth District — it was in the late 1960s and Black Power was in vogue,” Williams told The Louisiana Weekly. “The department was under pressure on all sides to deploy integrated patrol units. The Black community expressed the belief that their treatment would improve if Black officers had a presence. They felt that the presence of Black officers would deter cases of excessive and unnecessary force.

“Algiers residents in particular feared that if Black NOPD officers and detectives were excluded from the ongoing raids at that time, that it would lead to the unwarranted killing and beating of the occupants of the homes raided,” Williams continued. “Even we Black officers on the force would ask ourselves when we were excluded from the raids, was it because the white officers felt Black officers would openly oppose the alleged heavy-handed, Gestapo-like tactics? Did the white officers fear that Black officers would come forward and expose abuses — if any occurred? And to a certain extent they were right. It was the testimony of a Black detective that corroborated the complaints of Black Algiers residents that subsequently led to convictions of several out-of-control white officers.”

“On a personal note, in all fairness, there is another side to the conflict between Black citizens and white NOPD officers that I witnessed firsthand,” Williams added. “On several occasions I witnessed Black citizens take an unwarranted aggressive and verbally abusive posture toward white officers who had done nothing more than simply arrive on the scene of an incident. Some people assumed that because an officer was white that he would naturally be overly aggressive and abusive.

“Additionally,” Williams said, “there were also quite a few times that Black citizens would refuse to permit my white partner to enter their home, or when talking to a resident, would ignore my partner altogether, and instead maintain eye contact with me, answering only my questions.”

Statistical Discrimination or Profiling

The nation’s history involves a legal system that not only tolerated but sustained slavery, segregation, and discrimination.Those entrusted with protecting and maintaining this social order were in fact none other than the police. Police were charged with the task of enforcing unjust laws against Blacks, especially during the Jim Crow era. Their blatant disrespect and often brutal methods of enforcement instilled in many in the African-American community a “legacy of fear and mistrust,” the effects of which continue to exist today. Who can forget seeing those vintage newsreels of Birmingham, Ala­bama’s Commissioner of Public Safety [Sheriff] Bull Connor allowing his deputies to beat and turn fire hoses on defenseless Black women and children?

It is generally believed by some experts that the biased, condescending attitudes and aggressive behaviors exhibited by some police officers even today, are not merely accidental but are a direct result of the department’s past history of oppression against minorities [i.e. systemic]. While these behaviors and attitudes of police towards Black citizens no longer involve dogs and fire hoses, they persist even today in the form of “statistical discrimination” or profiling.

Some years ago when the late She­riff of Jefferson Parish, Harry Lee announced that he was implementing a policy which called for his deputies to stop any young African- American male walking in a predominately white neighborhood for questioning. The backlash from the Black community was swift and angry. It didn’t matter to Sheriff Lee, himself a minority – he refused to budge. At one time in many police departments across the country, racial profiling was a matter of official policy and the training recruits received in the academy. In one particular academy class, a Jamaican American police officer gave an in-service, speaking on the topic of the “Jamaican Posse.” He showed the recruits a video on the Posse and went on to point out that Jamaicans can be identified by the dreadlocks they wear. Hence, even Black officers are capable of engaging in racial profiling; and as such, the most objective officers, Black or white, can look down on a person of color with contempt and suspicion. The end result, is that behaviors, attitudes and practices such as these only serve to perpetuate negative stereotypes, anger blacks and other targeted minorities, and give credence once again to that “Us vs. Them” mentality.

This article was originally published in the October 17, 2011 print edition of The Louisiana Weekly newspaper

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