The protests in some cases have been perfectly peaceful, in other cases there has been violence, confrontation and looting. I thought many of the cops were particularly aggressive exacerbating the confrontations but video images are never as complete as you'd like to think, so I won't go too far down that alley except to suggest that the images of looting and destruction aren't perhaps as obvious as they first appear either. At any rate, whatever your political persuasion, there is plenty of video evidence of....whatever you wanna see.
People say 'this time is different' but I'm old enough now to have heard that phrase a million trillion times and I gotta say, most of this doesn't look all that different to me. What happened to George Floyd happens routinely in America (and everywhere else, for what it's worth) and the reaction to his death does, too. This is hardly the first batch of protests I've seen and generally they fizzle out because people never really understood what they were protesting to begin with. Crowds are motivated by large abstract causes often times based around a single event or image or concept, but as time wears on the abstractions and the imagery fall away from each other and no one can quite articulate what they ever felt. As the paradigms get tangled, the problems and the solutions overlap in a way that isn't clear and could even become unproductive, reinforcing the tangle rather than loosening it.
The wrinkle in this current situation is Covid-19. Ironically the thing we obsessed over for three months and then discarded without a second thought is the real agent of change coming in the form of economic dislocations which haven't taken shape yet. The changes are coming--and don't be fooled by the recent market rally, that is not a sign of recovery but a sign of 'irrational exuberance'. We won't really get the full effect until the fall and then probably into next spring. The fact that this is an election year makes the turmoil even more confusing and the outcome even harder to see coming. (**)
I'm relatively optimistic. There's still enough time before the election that the energy could dissipate, but I suspect...well....this time is different. (Oh shit, I kinda walked right into that) The idea that protests in the street or even real widespread reform are going to end racism....well, no, that's not a function of marches in the street. But it could lead to reforming police departments across the country which would be a great outcome. Would it end violence against black citizens? No...uh....no. Racism and police departments are not synonymous, one does not imply the other, reforming one does not necessarily reform the other. So while race in this paradigm is, I think, a canard, it could still be a useful one.
The difference this time is I'm hearing the correct rhetoric--which ironically almost never happens!--and the energy underneath all of this seems genuine enough that perhaps this could lead to worthwhile change. A few things in the air I'd love to see happen:
1) Outlaw police unions. Absolutely! They should never have been allowed to exist to begin with! The only purpose unions serve is to shield the bad apples--the good apples don't need unions. (***).
2) Outlaw no-knock raids. If any police force ever does anything like this they better be prepared to walk into court with a wealth of irrefutable evidence that violence or danger to the public was imminent. And they better bring all their body camera footage. (The FBI could still use this technique and while I don't trust the FBI to be perfect and I do trust them to get the fucking address correct!)
3) Reform qualified immunity. This one is a little tougher to pull off because the State has to maintain a monopoly of force, thus its agents can't be truly independent--indeed, you don't want them to be, you want the State to control them and take the blame when they fuck up. Okay. But their agents (re: cops) can still be held to judicial standard in keeping with the sensitivity of their positions. I heard one suggestion that cops should be forced to own malpractice insurance like doctors: I don't think this is realistic to the position of law enforcers as it would give the cops the right to not do their jobs ('Oh, I don't like that neighborhood, I don't care if dispatch wants me to go, I'll pass'). The cops are cops, they're not normal citizens. Making them truly independent is not in keeping with what a police force is: it is a representation of the State, backed by the State, and controlled by the State. Losing that would lose all shape to what police protection actually is.
4) End asset forfeiture. I'm thinking mostly of War on Drugs type bull shit here. Seizing the assets of people accused--not convicted, ACCUSED!--is pure theft (or as Libertarians call it: taxation without representation). Armed goons from the State taking your stuff should never have been the norm.
5) Body cameras. This is a bit of double-edged sword in that if a cop shows video footage of you committing a crime in court, well, you're done, pal. The public defender ain't gonna help you out. And, again, video footage is not always the easiest to interpret. But the cops need to understand that body cameras protect them! Cops need to see body cameras as a means of establishing their credibility and warding off liability. The Cops need to be constantly proving that they are correctly administering their duties and cameras (and other monitoring systems) are the way to do it.
6) More civilian oversight boards. Okay, protesters, this one's on you: you've shown that you're capable every few years of marching in the streets to demand someone else solve your problems, are you ready to show up every Monday morning for a volunteer job of mediating between cops and criminals? Time to put your money where your mouth is and actually get your hands dirty doing the civic work. And, that's right, for little or no money. Do you love your community enough to do this? Because no one else is going to do it--this is not something you slough off on a gov't agency. Civilian oversight is the heart of any worthwhile change we're going to see. (****)
7) How about civilian parole boards that work like jury duty? I imagine a system where each potential parolee has an advocate to make the positive case and an advocate to make the negative case and a civilian panel to 'yea' or 'nay' every one up for parole. This already happens somewhat but the process could cast a wider net and lure more civilians in, which would deepen our understanding of who the real dangerous criminals are and who is ready for another chance at freedom. Again, if the civilians want control, they have to step up and be responsible for these things--and until they do they are at the mercy of politicians and their mouthpieces characterizing the agenda.
8) Keep going on prison reform. It seems to me we should be giving prisoners every opportunity to get out of jail. And, well, really what I'm suggesting here is further punishing the ones that neglect these opportunities. I'm not in favor of getting rid of prisons, I wholeheartedly believe that there are human beings that are too violent to be around other people. But my gut is that prisons contain vastly more than just those violent offenders and that the rest are in danger of becoming worse rather than better. Some sort of testing or something could be used to separate the un-reformable people from those that truly want to return to the outside world.
9) More home incarceration and monitoring. I suspect this is the way of the future regardless of the current unrest because this is purely a function of technology. It will be cheaper and easier for everyone involved if most criminals are confined to their homes and monitored remotely (this still would not apply to violent offenders, but most everyone else doesn't really need to go to prison). The downside of this is that judges could become trigger happy if they feel like there's no cost to incarcerating people, they may toss out sentences like candy and we could end up with a massive amount of citizens basically in quarantine and with a long record of petty bullshit.
10) I'm down with de-funding various police departments. It should be noted here that 'de-funding' doesn't mean getting rid of police departments, rather it means reforming or reconstituting them, which in some locations is probably long over due. But in other locations that may not be useful at all. All this policing stuff is extremely local, so thinking of this as a blanket reform is probably not realistic. Also this is probably the kind of concept that won't find much purchase at first but may continue to percolate for the next few decades, this could become a slow motion reform movement where some communities see it as a salvation and others see it as unnecessary.
11) I don't really know how to go about reforming this but I think the problem in the courts over the last 40-50 years is plea bargaining. First time offenders are expected to plead guilty and take the punishment rather than arguing their case on its merits. The effect of this over time is devastating: our judicial system is built on precedents and if the precedent is the accused is supposed to accept guilt without a proper defense then no one is doing their jobs. Prosecutors, defenders, judges and juries become agents of paperwork instead of actually building a judicial infrastructure--which is the whole point of that third branch of gov't. This is incredibly slanted against the poor--blacks, especially--who basically abrogate their own defense because that's what they're told to do rather than fighting for justice. This is why we have overcrowded prisons and this is why way too many people are getting serious time (or other ramifications) for mostly petty nonsense that the system shouldn't even worry about. (*****)
12) More cops with less guns. The pandemic had the glimmers of where local police departments should allow themselves to go: more community involvement with the elderly, the infirm, and others that are at the margins of society. Police departments should seek to be proactive in reaching into their communities in a way above and beyond simply apprehending criminals. Local police could be at the vanguard of coordinating civic participation in a way that is not directed at 'bad apple' police officers and doesn't require any guns. When you get into a car accident and you need an officer of the law to fill out the proper legal paperwork, you don't need that guy to have a gun on his hip--how does that help anything? The fact that the police feel the need to show off their deadly force as a means of earning the respect of the community is precisely what the community fucking hates about them! Yes, when guns are the only answer for enforcing the law, that needs to come from agents of the State. But until that force is required, that force needn't be on display.
People suggest that changing the composition of city and police department leadership is crucial and in certain cases I suppose that's true. But that's a largely political observation that I don't have much knowledge of since each police district is going to be distinct. Having more black mayors, for example, is fine with me but I seriously doubt that will change much on its own and since the necessity for these changes is entirely local, just voting for (fill in the stupid partisan bullshit you believe in) across the nation doesn't strike me as of any use at all. I'm fine with change but those changes are local, will be local and must be determined locally, so suggesting that this is necessary everywhere--and will be effective everywhere--is just empty rhetoric.
In a contemporary political sense, I would suggest ending the protests immediately but keeping the peaceful marches going periodically right up to election day. The key is to keep the spirit of the George Floyd protests alive while keeping the chaos to a minimum without being overtly political. When you insert politics you also insert the equal and opposite politics, and now you've got a soup of nonsense rather than a coherent message. The politics will handle itself and if the protests lose their shape, then that's when it becomes a detriment rather than a boon to one's political wants and needs. And I think seeing celebrities and other public intellectual types keeping that fervor alive is better than politicians positioning themselves in relation to it.
As for the election in November, well, I don't see it as nearly as important as most commentators simply because these are city/county/state issues more than national ones. Blaming/crediting the president (or the president wannbe) is just missing the point that the White House doesn't really have much contact with local police forces. But whoever you're voting for, keeping these protests going is probably necessary.
(*) On March 13, 2020 (the day the Covid-19 lock down began if memory serves), Breonna Taylor was shot in her bed by Louisville police officers during the course of a no-knock raid seeking a drug dealer; police subsequently admitted they had the wrong address. To my mind this is an even more egregious offense but as there is no video evidence (*ahem* that we know of) this hasn't had quite the same impact on the recent protests.
(**) I think it's a bit weird that the Flu Pandemic of 1919 killed huge numbers of people worldwide and affected huge numbers more...and is virtually invisible in the literature of the time. Movies don't mention it, the theater and music of the time don't dwell on it, nor does the poetry or the politics. Just because it's effect is massive does not mean history will properly record it or culture will hold on to it. Indeed, how will the current pandemic appear in the next decade's worth of books, movies and music?
(***) Ditto with teachers unions, they should be next on the chopping block. Let me repeat: the only purpose unions serve is to shield the bad apples. Or didn't you realize that schools are every bit as racist, self-serving, and ineffective as the police?
(****) Combine this with a 25-30 hour work week and...are you getting more interested? With more and more people working from home cutting down on travel time...this sweetening the deal for you? More gig economy jobs where you set your own hours...ready to give more of that extra time to your community? This is where the nature of work is going which will leave a lot more time for volunteering and other civic participation--and I don't mean marching the streets! I mean actually doing stuff.
(*****) The recent obsession with the 13th amendment, for example, is totally lost on me. The prisons are not the meaningful part of the justice process, they are the last stop of it. That's not the problem--the problem is the first day in court. If you bungle that, you're in trouble. Most of the 13th amendment reexamination seemingly revolves around private (or for-profit) prisons, but again, that isn't the problem at all--and focusing on that is a really unfortunate waste of time. I don't pretend to know how private prisons work but it seems to me that gov't has monopsony power meaning the prison company has no market power whatsoever in the relationship (except the gov'ts naturally move very slow and are at the mercy of sudden changes). The relative ownership of the facility is irrelevant. If the gov't actually ran its own prisons does that somehow guarantee better treatment? That was never true in the past, don't know why it would be in the future. If the prison company was a joint stock company and all the stock was owned by black people, would that make a difference in the life of black prisoners? No, not necessarily. Was life better for black people in America before the advent of private prisons? No. You don't end up in prison because prisons exist, you end up in prison because your lawyer didn't get the job done. And plea bargaining is another way of saying your lawyer didn't get it done. You need to fight the battle in the court, fighting it in the prison is too late. (Incidentally as an side to this footnote: I'm not opposed to prisoners being allowed to work inside of prison if they are fairly compensated, but they should not be forced to work; I believe each citizen's surplus value is their god-given possession until they die, something the gov't should nurture rather than capture)
No comments:
Post a Comment