Gangsters in Blue

R.I.P. Troy Anthony Davis (Oct. 9, 1968 – Sep. 21, 2011)

Troy Davis executed. ABC World News (21 September 2011).

Troy Davis was executed this evening after the U.S. Supreme Court denied a last-minute stay of execution.

Davis died at 11:08 p.m. ET, according to a Georgia Department of Corrections official.

Eyewitnesses described the mood in the execution chamber as “somber” as Davis declared his innocence a final time and relatives of his alleged murder victim looked on.

The execution was delayed more than four hours as the U.S. Supreme Court weighed last-minute arguments from Davis’ legal team and the state of Georgia over whether his execution should be blocked.

The court’s decision to deny the stay came without comment after 10 p.m. ET.

[…] Davis was convicted of the 1989 murder of off-duty Savannah, Ga., policeman Mark MacPhail, and had his execution stayed four times over the course of his 22 years on death row, but multiple legal appeals during that time failed to prove his innocence.

Public support grew for Davis based on the recanted testimony of seven witnesses from his trial and the possible confession of another suspect, which his defense team claimed cast too much doubt on Davis’ guilt to follow through with an execution.

Several witnesses recanted their testimony that Davis fired the shot that killed MacPhail.

Troy Davis was innocent and this was a premeditated murder by the State of Georgia — nothing more and nothing less than a torturous, slow-motion legal lynching. The courts, the governors, and the parole boards knew that there was every reason to doubt his guilt, but they don’t give a damn, because each court formally refused to listen to or consider any substantive new evidence — like the fact that there was no physical evidence to connect Davis to the murder, and more than half the witnesses admitted that they lied on the stand (under intense pressure from Georgia police) during the original trial. Be that as it may the sentence had been passed and the paperwork filed and you can hardly stop to consider substantive evidence of innocence once the procedural question of his trial has been sealed under the authority of the State. You can’t stop the machine of governmental justice from grinding for something so paltry as an innocent man’s life; there’s a principle involved.

And the principle is power. The power of death. That is the Majesty of the Law; that is its morality; that is its justice.

See also

• GT 2008-09-08: Stop the State-mandated murder of Troy Davis
• GT 2008-09-23: U.S. Supreme Court grants reprieve to Troy Davis
• GT 2008-10-15: The Nine have decided, without explanation, to let the State of Georgia go ahead with its proposal to murder Troy Davis at a time and place of their choosing.
• GT 2008-12-09: In twenty words or fewer: simple solutions to stupid problems

Received this morning in my inbox from a friend involved with Nevada Prison Watch. The solidarity e-mail campaign is from Change.org; the notice about the hunger strike comes from California Prison Focus, a member of Prisoner Hunger Strike Solidarity.

From: A. Parker
Subject: Please sign the petition to support the demands of the prison hunger strikers in Pelican Bay State Prison, California

Please sign the petition to support the demands of the prison hunger strikers in Pelican Bay State Prison, California, who will start an indefinite hungerstrike on July 1st.

http://www.change.org/petitions/support-prisoners-on-hunger-strike-at-pelican-bay-state-prison

Prisoners in the Security Housing Unit (SHU) at Pelican Bay State Prison (California) are going on an indefinite hunger strike as of July 1, 2011 to protest the cruel and inhumane conditions of their imprisonment. The hunger strike was organized by prisoners in an unusual show of racial unity. The hunger strikers developed five core demands. Briefly they are:

1. Eliminate group punishments. Instead, practice individual accountability. When an individual prisoner breaks a rule, the prison often punishes a whole group of prisoners of the same race. This policy has been applied to keep prisoners in the SHU indefinitely and to make conditions increasingly harsh.

2. Abolish the debriefing policy and modify active/inactive gang status criteria. Prisoners are accused of being active or inactive participants of prison gangs using false or highly dubious evidence, and are then sent to longterm isolation (SHU). They can escape these tortuous conditions only if they “debrief,” that is, provide information on gang activity. Debriefing produces false information (wrongly landing other prisoners in SHU, in an endless cycle) and can endanger the lives of debriefing prisoners and their families.

3. Comply with the recommendations of the US Commission on Safety and Abuse in Prisons (2006) regarding an end to longterm solitary confinement. This bipartisan commission specifically recommended to make segregation a last resort and end conditions of isolation. Yet as of May 18, 2011, California kept 3,259 prisoners in SHUs and hundreds more in Administrative Segregation waiting for a SHU cell to open up. Some prisoners have been kept in isolation for more than thirty years.

4. Provide adequate food. Prisoners report unsanitary conditions and small quantities of food that do not conform to prison regulations. There is no accountability or independent quality control of meals.

5. Expand and provide constructive programs and privileges for indefinite SHU inmates. The hunger strikers are pressing for opportunities to engage in self-help treatment, education, religious and other productive activities…. Currently these opportunities are routinely denied, even if the prisoners want to pay for correspondence courses themselves.

   Examples of privileges the prisoners want are: one phone call per week, and permission to have sweatsuits and watch caps. (Often warm clothing is denied, though the cells and exercise cage can be bitterly cold.) All of the privileges mentioned in the demands are already allowed at other SuperMax prisons (in the federal prison system and other states).

For more information and continuing updates, visit http://www.prisons.org/hungerstrike.htm

PETITION LETTER

Grant the 5 Core Demands of the Pelican Bay SHU Hunger Strikers

Dear Warden Lewis, Secretary Cate, and Governor Brown:

We support the prisoners on hunger strike in the Security Housing Unit (SHU) of Pelican Bay State Prison and those in other units joining them. We strongly urge you to grant their five core demands as soon as possible.

[Your name]

hey y’all,

it’s such an honor to offer this cross-posted piece (originally on my blog, Kloncke,) in the webspace of a thinker, writer, and creator who’s most inspired me in my own artistic/political practice.  and in a community that continues to hearten and amaze me.  thanks bfp, maia, blackamazon, Wheelchair Dancer, and so many of you, for your extraordinary, life-giving work.

yesterday, after about 20 hours in custody, i got out of jail, having been mass arrested along with 150-200 others for “unlawful assembly”: marching in the streets to protest police brutality and impunity.

as expected, legal consequences and repression for poor black and brown youth will be the worst.  some of the people arrested for nonviolent crimes in the july 8th protests (the day Mehserle was convicted) will spend more time in prison for those nonviolent acts than he will for killing a human being. similar outcomes are expected this time around.

if you are able, any donations to legal aid for those needing extra assistance would be greatly appreciated.

your thoughts and good wishes are appreciated, too.  thanks, everyone, much love, and take care,

katie

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[Today, former BART police officer Johannes Mehserle was sentenced to 2 years in prison, with 146 days already served, for the involuntary manslaughter of Oscar Grant. The Grant case marked the first time in California's history that a peace officer was tried for murder.]

Whereas

We as women, transgender people, two-spirit people, queers, gender-oppressed people, and allies of the Bay Area mourn the loss of Oscar Grant;

Whereas we recognize that this young man was just one of countless victims of police violence;

Whereas we understand and experience police repression, particularly in poor, queer, and working-class communities of color;

Whereas we know that police violence both enables and enacts rape, brutalization, and degradation;

Whereas police violence compounds the dangers we face in domestic violence, sex trafficking, and homophobic and transphobic hate crimes;

Whereas police enforce the criminalization of our disabilities, addictions, and mental illnesses;

Whereas police enforce the criminalization of our skin color, sexualities, style of dress and speech, gender identities, religious practices, and nations of origin;

Whereas police violently enforce our subservience to an economy that enriches elites, while slaughtering, starving, sickening, and stealing from us as workers, child-rearers, and culture creators;

Whereas the rich and influential deploy police to violently crush our efforts toward self-determination, from queer social spaces to workplace strikes;

Whereas the rich and influential deploy police to kill or capture our leaders and heroes, like the recently deceased political prisoner Marilyn Buck;

Whereas police are employed to do as they are ordered;

Whereas police violence comes 10% from individual bigotry and improper training, and 90% from a capitalist state system designed to protect property, not people;

Whereas such a property-focused police system, controlled by the rich and influential, enacts and supports gender-based and sexual violence;

And Whereas such a system can never be adequately reformed, based as it is in the fundamental inequality borne of a patriarchal capitalist system:

We maintain compassion for individual police officers who both experience and inflict suffering; who face and enforce mortal danger.

We vow, in the effort to end sexist violence throughout the world, to eradicate the police system of the United States as we know it; and to transcend the misogynist capitalist system that demands this type of policing.

We undertake this mission with no hatred in our hearts toward individual police officers or those who support the police system.

We accept this responsibility out of love for all people, and the unquenchable desire for universal freedom and equality.

In the service of this calling, we will sing, strike, fuck, fight, rest, write, rebel, and rebuild until we achieve liberation for all beings.

• Last month AOL News ran an anecdotal Data-less Trend Story about city governments in small towns firing the city government police force in order to cope with budget crunches.^[1] I’d like to know what the actual data here is; typically, cash-strapped city governments react by cutting everything except police and jails. If governments’ financing crises are finally leading them to reduce the number of police patrolling city streets, that’s surprisingly good news. Most of the towns mentioned are very small towns — with populations ranging from about 700 to 4,500. The outlier, Maywood, California, has about 30,000 people living in the town (with a whopping 4 murders in 2008! twice the national average!). Apparently part of the reason they fired the police department was because a lot of the city government’s $450,000 budget deficit, and its trouble securing insurance, came from lawsuits, many involving the police. Government employees and hangers-on are going nuts about all of this. After the vote in Maywood, ex-City Treasurer Lizeth Sandoval told the city council You single-handedly destroyed the city, by which she means that they outsourced the city government. (You won’t find any burned-out buildings, torn-up streets, or dead bodies; the places and people in the city of Maywood, California are still right where they were, going on as happily as they were before; the only things destroyed were the government jobs of tax-eaters like City Treasurer Lizeth Sandoval.) Jim Pasco, national executive director of the Fraternal Order of Pigs, said that decisions to fire local police were penny wise and pound foolish, because sheriff’s departments and state police will be spread thin patrolling larger areas, and no amount is too much to spend on city cops, because The absolute threshold responsibility of a government at any level is to ensure the safety of its citizens.

• For example, consider local hero Officer Bryan Yant, liar and killer for the Las Vegas Metro police department, who by making up lies to obtain fraudulent search warrants and by violently breaking into citizens’ homes late at night, where he ensures the safety of Las Vegas’s citizens by kicking down doors and shooting unarmed black men with his AR-15 assault rifle, based on furtive motions and a glimmer or something shiny that nobody but Officer Bryan Yant ever saw, and which is plainly contradicted by forensic evidence related to the angle of the shot. Local government in Las Vegas has fulfilled is threshold responsibility by once again^[2] ensuring the safety of Officer Bryan Yant from any legal consequences for shooting innocent, unarmed men in the head during a hyperviolent raid to investigate a completely nonviolent, victimless crime, all of it based on demonstrable falsehoods and mistaken identity — oops! my bad! All of which should free Officer Bryan Yant up for a fourth Internal Investigation, in which his government colleagues will once again either exonerate him or let him off without any criminal penalties, for lying and fabricating fictitious search and arrest warrants in at least one other drug investigation involving another hyperviolent late night home raid. The polite term in local media for Officer Bryan Yant’s work ensuring the safety of Las Vegas citizens is sloppy. A better term would be fraudulent and lethally violent. How much safer does it make you feel that this lying, killing 4-time winner is still a fully-paid member of the Las Vegas Metro police force?

• Meanwhile, in El Reno, Oklahoma, government police officers are ensuring the safety of El Reno citizens by forcing their way into an 86-year-old bed-ridden grandmother’s home on a wellness check, and then, if she should object to 10 armed strangers busting into her house, by stepping on her oxygen hose and torturing her with electrical shocks in her own bed, until she passes out from the pain. El Reno Police Chief Ken Brown justified this use of extreme violence against an elderly woman who could not possibly have physically harmed anybody more than a couple feet away from her on the grounds that she was holding a kitchen knife, and she told officers She was in control of her life. Thus, Police were forced [sic!] to use a Taser on the woman until she could be forced into a hospital psychoprison — not because she was actually charged with any crime, of course, but so that she could be cured of her deranged and dangerous belief that she was in control of her own life.

• Meanwhile, in New York, New York, Officer Patrick Pogan, a government police officer working for the New York city government, ensured the safety of New York citizens by body-slamming an unarmed bicyclist to the ground for trying to avoid hitting him, and then lying about it in his police reports, where he claimed that his victim was trying to ram into him, rather than swerving around him. His government colleague Manhattan Supreme Court Justice Maxwell Wiley, in turn, fulfilled his threshold obligation by ensuring that this lying violent thug would face absolutely no criminal consequences whatsoever for the crimes that he had been convicted of.

• Also, in New York, New York, government cop Detective Louis J. Eppolito ensured the safety of New York citizens by taking a second job as an informant and hit-man for the Luchese crime family. He took a special interest in ensuring the safety of Brian Gibbs by framing him for murder — among other things, making up fictional witness statements, threatening witnesses in order to get testimony against Gibbs, withholding evidence that would have proven Gibbs’s evidence, and torturing Gibbs himself until he extracted a false confession. Brian Gibbs lost 19 years of his life locked in prison. The New York Police Department spent years fulfilling its threshold obligation to keep Detective Louis J. Eppolito safe from any consequences for his violent crimes, even though — years before he tortured and framed Brian Gibbs — they had direct evidence that he was working for the Mafia (including having his fingerprints on police reports he had handed off to a fellow gangster). The Incident was, of course, Internally Investigated, and Detective Eppolito was let off without even facing any administrative disciplinary actions. Which freed him up to go on murdering and imprisoning innocent people for the mob. The city government in New York still officially maintains that Brian Gibbs is guilty of murder. However, they’ve decided to sign a $9,900,000 settlement; dedicated public servants that they are, they will send the bill to innocent New York City taxpayers who had nothing to do with the crimes committed against Brian Gibbs.

• Meanwhile, in Sebastian County, Arkansas, government drug investigators are ensuring the safety of citizens by staging heavily armed, late-night raids on citizens’ houses, where they threaten the lives of everyone in the house, including sleeping babies — without bothering to check the address on the mailbox to see whether they are actually even forcing their way into the right house. (Oops! My bad!) Then, after releasing their innocent victims from the shackles they had forced them into, the cops they went down the street to the right house, where they broke into somebody else’s home, threatened three other innocent people’s lives, and forced them into cages at gunpoint, for the completely nonviolent offense of having marijuana.

• Meanwhile, in Universal City, Texas, government police are ensuring the safety of citizens by surrounding innocent women and children in their cars, pointing guns at them and screaming at them to put their hands up, and then forcing their way into the car before they realize — oops! our bad! — that they had the wrong car and the wrong people, and were threatening the lives of a black woman with three children who had nothing to do with the white man they were trying to ambush. Since government police never face any consequences whatsoever for their fuck-ups, no matter how high-stakes, violent, reckless, traumatic or dangerous to the safety of innocent citizens, the police department is waving it off as an unfortunate coincidence. They refer to the use of such high-stakes, violent tactics in uncertain situations, with incomplete information, to terrify and overwhelm innocent women and children, as doing our jobs, and publicly state that We would not change what we did. Of course they wouldn’t; who’s going to make them?

• Meanwhile, in Tavares, Florida, government police are ensuring the safety of citizens by interrogating and then arresting Latina women who are not suspected of any crime, for not giving her name fast enough or producing identification papers on demand. The government police officer told his victim that she had to provide ID because he needed to put her name in a database. When she said she needed to go to the car to get it, the cop arrested her for resisting arrest and had her locked in a jail cell for 5 hours.

• Meanwhile, in Hamilton, Ontario, government police are ensuring the safety of citizens by staging hyperviolent drug raids, forcing their way into apartments at gunpoint, forcing the citizens in them to the floor, then slamming their faces into the floor and kicking them when they try to explain that the cops have the wrong address. Po Lo Hay’s safety was ensured so good and hard that he ended up with stitches above his eye, a bloody nose, welts, and a broken rib.

• Meanwhile, in Bridgewater, England, government police are ensuring the safety of citizens by threatening them with electrical torture devices and then accidentally hitting them with a 50,000 volt electric shock to their genitals, in the course of an unnecessary traffic stop intended to investigate whether or not they were committing the completely nonviolent offense of driving without government-mandated corporate car insurance. For accidentally inflicting the worst pain that this innocent man has ever been subjected to in his life, government cops are offering an Oops! Our bad!

I sure am glad that government cops are out there to ensure our safety, and local governments are there to extract tax dollars to force us all, on threat of prison, to pay for this threshold obligation. If government cops weren’t there to harass, threaten, torture, frame, jail or kill innocent citizens, all with complete legal impunity so long as they can shout an Oops! My bad! that some fellow cop or other government employee will believe, who would keep us all safe?

1. ^[1] When city governments fire police forces, county sheriffs or state police forces generally take over the busting of heads and jailing of suspects. But the shift does mean that patrol cops are fewer and farther between, and local taxpayers are much less likely to get soaked with local tax increases to pay for salaries or benefits packages. ↩
2. ^[2] Yant has gunned down three people during his police career — killing two of them, including Trevon Cole — and has been exonerated by the police department and the Clark County government’s coroner’s inquest. ↩

NewsOne recently published an interview with an anonymous Black cop on the NYPD, where they asked him for his thoughts on police brutality and racism in the wake of a string of high-profile stories about overkill shootings, grown-ass male cops appropriately punching 17 year old black girls in the face over suspected jaywalking, etc. The fact that the cop being interviewed happens to be Black ends up contributing basically nothing to the interview — so, hey, it turns out that Black police think and act like police, and they generally defend their colleagues and their own professional interest in being able to inflict violence with impunity. But the interview is interesting for a few things: a really amazing display of cognitive dissonance; an amazing exercise in unintended irony; and one of the few times you’ll see a cop actually come out and just say it in public.

First, the cognitive dissonance. When NewsOne asked him about race relations at the NYPD, Officer Anonymous says his gang brothers like to tell racist jokes to their colleagues, and discriminate against people based on their appearance, taking signs of urban Black culture as being (in and of themselves) evidence that somebody ought to be treated like a criminal, up to and sometimes including targeting, harassing and arresting people over how they look:

Officer: […] If anything, the only thing I could comment on is that some officers believe there is a certain ‘look’ that most perpetrators have and that tends to be those who follow the trends of urban Hip Hop culture. That would consist of cornrows, saggin jeans, earrings, fitted caps, etc.

So, if a cop fits this mold in his civilian clothes, they often joke ‘you look like a perp.’ I believe some of them try to mask it behind a few smiles, but they really believe that. Though, many do fit this ‘profile’, at least in the communities I’ve worked in, it’s still an unfair generalization.

Newsone: Have you seen officers unfairly target individuals who look like this?

Officer: As I said earlier, though its wrong and not right as law enforcement, I have seen that type of behavior and at times [it’s] led to arrests.

Then he says he’s never encountered any racism from his superiors or fellow officers:

Newsone: Have you ever encountered any racism from your superiors or fellow officers?

Officer: I have not.

Elsewhere in the interview, he’s asked about the recent 46-shot overkill police shooting in Harlem, where NYPD cops lit up Angel Alvarez at a late-night part — hitting him 21 times, killing Luis Soto (the main they were supposedly intervening to save) with 6 gunshots, and hitting 3 bystanders, and one of their fellow cops, in the process. (This is, of course, the same city government police force that lit up Sean Bell (50 shots, killing an unarmed man) and Amadou Diallo (41 shots, killing an unarmed immigrant who was holding a wallet so that he could show the cops his ID). Officer Anonymous wants us to go easy on the Gangsters in Blue, and wait until Official Sources tell us what to believe about what happened.

Newsone: What about the recent event in Harlem where a cop shot a man 21 times?

Officer: A lot of the facts haven’t come out yet. Many in the department are mad because the media is so quick to paint us as the bad guys. I suggest people wait until all the facts come out.

Newsone: But you can understand the rush to judgment in a city like New York where Louima, Diallo, and Sean Bell occurred?

Officer: I do understand that, but think about all the other incidents where people jumped the gun and were wrong about us.

Gosh, that’s tough.

It must be so hard for the police, what with how people get the situation wrong, and jump the gun.

Further down, NewsOne asks Officer Anonymous about the NYPD’s standing policy of subjecting random people of color to unreasonable searches and seizures. It’s not often that a police statist will come out and just lay certain things on the line; but here we go. Emphasis mine.

Newsone: What do you think of the NYPD’s stop and frisk policy?

Officer: The stop and frisk policy is an important tool in helping the department curb serious offenses.

Newsone: I disagree. It is a violation of our civil rights.

Officer: It is, but at the same time, crime would have never gone down in the Giuliani era to now if it weren’t for these small measures.

Officer Anonymous goes on to say Sometimes you have to do things that may not be approved by the public to make everyone safer. By which he means that police should roam the streets with unchecked power to stop and search anyone they damn well please — for no reason at all — in open contempt of the civil rights of their victims. The same racist-ass, hyperviolent, power-tripping, domineering, twitchy police who have proven themselves more than willing to beat up anyone who questions their actions, to torture those who won’t comply with their arbitrary bellowed orders, to open fire into a crowd at late-night parties, and to light up unarmed men with dozens of shots during routine stops. Does that make you feel safer on the streets of New York City?

Police attack and temporarily arrest a black man having medical episode in his own house as burglar suspect. three rivers tumblr (2010-08-07):

Police attack and temporarily arrest a black man having medical episode in his own house as burglar suspect: zuky: Wayne Burwell, a respected 34-year-old physical fitness trainer and a black resident of a 97% white area in Vermont, suffers from a blood-sugar-related medical condition which caused him to black out...

Police attack and temporarily arrest a black man having medical episode in his own house as burglar suspect. three rivers tumblr (2010-08-07):

Police attack and temporarily arrest a black man having medical episode in his own house as burglar suspect: zuky: Wayne Burwell, a respected 34-year-old physical fitness trainer and a black resident of a 97% white area in Vermont, suffers from a blood-sugar-related medical condition which caused him to black out...

Here’s a good article from a while back in The Nation (which I’m mentioning now because I just recently saw it, thanks to the November Coalition listserv). In these days, I’m not surprised to see that it was written,^[1] but I am (pleasantly) surprised to see that it got published in a prominent place in an organ of the official Left. In any case, it’s right-on, and well worth reading.

Well, in the parts I haven’t crossed out, anyway. The article was originally called Ten Things You Can Do To Reduce Incarceration, but, well, we’ll see what becomes of that.

The United States has 5 percent of the world’s population and 25 percent of the world’s prisoners. Criminologists have found that when too many people are incarcerated the crime rate actually increases. Imagine if we spent some of the $60 billion a year prisons cost on education, job training and healthcare. (0) Paul Butler, a law professor, former federal prosecutor and author of Let’s Get Free: A Hip-Hop Theory of Justice suggests ways to undo the damage caused by overincarceration. If you have state specific resources send them to nationtenthings@gmail.com.

1 Do your jury duty. If you are a juror in a non-violent drug case, vote not guilty. Jury nullification—an acquittal based on principle—is perfectly legal. The framers intended jurors to be a check on unjust prosecutions and bad laws. Click here for more information. (1)

2 Pay a kid to graduate. A report by the RAND Corporation found that paying students to finish high school prevented more crime than the toughest sentencing laws. Dropping out of school creates a high risk of ending up in jail. Work with your community group or place of worship to create a program to pay at-risk students to graduate from high school.

3 Come out of the closet about your drug use. War on drugs propaganda says users are bad people. Let your fellow citizens know the real face of the American drug user. Don’t be scared. Barack Obama admitted he used marijuana and cocaine during his youth, and he got elected president!

4 Hire a formerly incarcerated person. Every year about 600,000 people get out of jail. The odds are against their landing a job, which is a huge factor in why more than half will be re-arrested within a year. Go to Hired Network. Go here if you are formerly incarcerated or visit Reentry Policy.

5 Vote for politicians who are smart on crime. (5) Tougher sentences aren’t the answer. In the US criminal sentences are twice as long as those in England, three times those in Canada and five to ten times those in France. And yet crime rates in US cities are higher than in those nations.

6 Just say no to the police. When cops request your consent to pat you down, peek inside your backpack or purse or search your car, you have the right to decline. When they have a warrant or other legal cause to search, like at an airport, they don’t have to ask. Too many Americans—especially in communities of color—are scared to death of the police. Go to ACLU “Know Your Rights” or the Malcolm X Grassroots Movement to learn your rights if stopped by the police.

7 Don’t be a professional snitch. If you have information about a violent or property crime, call the police. Witnessing is fine. But snitches get paid either in cash or a break in their own prosecution for tattling. They make untrustworthy witnesses. Snitches are responsible for almost half the wrongful convictions of people who were later found to be innocent.

8 Talk up the trades. Retail drug selling pays about as much as working at McDonald’s. As the book Freakonomics pointed out, that’s why most drug dealers live with their moms. Many dealers would prefer a more lucrative—and safer—line of work. People who don’t see themselves as “college material” and might otherwise end up on the street should be encouraged to get training for a blue collar trade. Click here for more information.

9 Let accused people discover the evidence against them. There are very few discovery requirements in criminal law. Many defendants in criminal cases don’t learn who the witnesses are—or even get copies of police reports—until the day of the trial. “Open discovery” laws like one Ohio recently introduced will enable criminal defendants to see the state’s evidence against them before trial. (9)

10 Listen to hip-hop. No other aspect of pop culture has considered as carefully, and as personally, the costs and benefits of the American punishment regime. Members of the hip-hop nation often come fr om the most dangerous communities and have a vested interest in safety . They help us understand that treating people who have messed up with love and dignity is, for law-abiding citizens, an act of self-interest and community safety. Visit AllHipHop.com or Hip Hop Caucus to learn the political side of hip-hop.

Here’s the quibbles from along the way.

(0) Well. If we were free to spend some of that $60,000,000 robbed out of our pockets on education, job training, healthcare, or any of the other infinite needs of civilized beings, that would indeed be something to imagine. Unfortunately, I expect that the other means the special kind of “we” here (the kind that means they, a political bureaucracy that ordinary people like you and me have no effective control over). If they spend the money on government education, government job training, and government healthcare, I expect that it will work out as well as anything else government does at propping up big corporations, corralling kids against their will, and otherwise maintaining business-as-usual and the social and economic status quo. Oh well.

(1) This really is an awesome idea, as far as it goes: if you have the opportunity to free an innocent drug-user or drug-dealer through jury nullification, of course I think you ought to take the opportunity. But how often are you likely to get the chance? Given how narrow the context is, this is really important for the individual life you can save, but it’s only going to be something that reduces incarceration in aggregate if it becomes part of a large-scale culture of non-cooperation with the state. In which case (1) really just depends on the kind of cultural change discussed in the other points. Anyway, call it half a thing you can do.

(5) Oh, come on. Really? Of course, I agree that the government’s crime policies are foolish and destructive. But that’s only a reason to go around voting for smarter politicians if voting for smarter politicians changed anything about crime policies or the War on Drugs. Call me back when that starts working for you.

(9) There’s nothing wrong with this proposal, as a procedural reform. But it’s not something you can do to reduce incarceration — changing government laws is something government could do. But if you somehow managed to accumulate the political connections to make the government do what you want it to do, you probably aren’t the kind of person who cares about this sort of thing; and for the rest of us, the you here is really just they, filtered through the illusion of democratic control. In which case, this is something that they could do to reduce incarceration. But of course there’s no reason to expect that they will.

Anyway.

That done, with those items crossed out, this is a really solid list, and does a great job of stressing the importance of moving beyond stupid, stupidifying political reform campaigns, and encourages you to make a real difference for your own life and your neighbors’ lives, by practicing solidarity on the ground, engaging positively with criminalized cultures and criminalized communities, refusing to collaborate with government cops and prosecutors, coming out of the closet, standing up for yourself and your neighbors, and generally working to shift the terms of the debate, to change the culture that fosters sado-statist mass incarceration, and the creation of positive alternatives that change the material condition faced by criminalized people, primarily by means of practical solidarity and person-to-person grassroots mutual aid.

Call it a solid seven and a half. That’s pretty awesome.

Last month, POLICE: The Law Enforcement Magazine published another ill-tempered tirade by retired L.A. cop Dean Scoville in the magazine’s Patrol Tactics section. (You may recall Sergeant Scoville from his previous ill-tempered tirade in which he openly praised police brutality against captive prisoners.) This most recent tirade, Four More Cops Killed: Where Is The Outrage? launches into this subject with the following claims of imminent and growing danger that people (non-police) pose to government police:

Shortly before I retired, I openly speculated that we were on the cusp of a new era where people would increasingly bring the fight to us. Moreover, I said they would prove to be greater threats, less predisposed to gangsta-style shooting and actually recognize the significance of sight alignment and trigger control.

I also noted that technology has helped the people who want to kill us develop better eye-hand coordination and tactics via video games and other poor man’s combat simulators, …. They have also become more sophisticated in their choice of weaponry, and are fast becoming better armed than us, accessorizing with everything from laser sights to cop-killer bullets.

… More recently, economic stress, racial strife, a resurrection of militia types, and spillover from Mexican cartel activity have made this toxic cocktail even deadlier.

—Sergeant Dean Scoville (2009-12-01), POLICE: The Law Enforcement Magazine: Four More Cops Killed: Where Is The Outrage?

He closes the article with the following credo:

Yes, I believe that the job is increasingly dangerous. And it is made more so by what is put out there about it.

(This is used as a springboard for a couple pages’ worth of rambling complaints against society at large for our willingness to embrace anti-cop sentiments and stereotypes, with a special focus on the alleged anti-cop drum beating of Hollywood, rap music, and those segments of society who have fundamentally failed to hold their own [sic] accountable — and, just so we’re clear, by those segments of society, Scoville means niggers,^[1] Also, I guess he’s pissed off that Dick Wolf decided to cast Ice-T as a cop in Law and Order: SVU.)

Scoville’s claim that being a government cop is increasingly dangerous is not an isolated claim. For example, down in the comments section on the article, another retired government cop, mtarte, writes:

I’m retired now and still wish I could do the job, but today’s cops are in much more dangerous situations than ever before.

—mtarte, in re: Sergeant Dean Scoville (2009-12-01), POLICE: The Law Enforcement Magazine: Four More Cops Killed: Where Is The Outrage?

In Milwaukee, by way of explanation for why Milwaukee Police Department had begun arming regular patrol cops with semiautomatic rifles:

It’s obvious that our officers are facing an increasingly dangerous threat to their safety as well as the safety of the community as represented by these weapons ….

—Police Chief Ed Flynn, quoted in Officer.com (2009-04-24): Milwaukee Police Increase Firepower

CRIPT Academy, a tactical training outfit for government cops, says that it:

… provides cutting edge training, information, and service that is continually updated to adapt to today’s fluid environment which is becoming increasingly dangerous for those professionals that must operate in harm’s way.

—Officer.com Directory: CRIPT Academy Mobile Training Teams

If you spend much time at all reading articles and public statements by government police, you’re likely to see this received factoid over and over again. Time never alters it; things only get more and more dangerous. No matter what year it is, it’s always this year that’s poised to become the most dangerous year for police ever; in 2007, in an article on how government cops can better confuse detained Suspect Individuals about their rights to refuse searches, former government cop and government prosecutor Devallis Rutledge offered the following:

So far, 2007 is the deadliest year for law enforcement officers in nearly three decades.

—Devallis Rutledge, POLICE: The Law Enforcement Magazine (October 2007): How to Justify Officer Safety Searches

The thing is that all these claims are false. Both in factual detail and in overarching narrative. They could easily have been discovered to be false by taking even a cursory glance at statistics about police deaths in the line of duty. In fact, 2009, when Dean Scoville declared the job to be increasingly dangerous, was the safest year for government police in the U.S. since 1959, in terms of absolute numbers of police officers killed while on duty. With only a few exceptions, the number of government police killed on the job had been decreasing steadily for the past 35 years. Here’s the annual data for the past 35 years, as reported by the Officer Down Memorial Page yearly reports.^[2]

Or, if you prefer, here’s the chart. The blue line represents the absolute number of cops killed that year in the line of duty; the yellow line best represents the overall danger to cops from violent attacks (specifically, the number killed in violent attacks against police, adjusted to the U.S. population at the end of 2009).

Coming back to Devallis Rutledge’s deadliest year in nearly three decades, it’s true that 2007 saw a sudden jump in the number of police killed, compared to 2006. (The next two years saw a sudden drop back to the trend of decreasing police deaths.) But the main reason for that was a jump in deaths due to automobile accidents and other accidental deaths; the number of cops killed in violent attacks — 65 total — was less than the total number killed in 2001, let alone the much higher rates of violent deaths in the 1970s, 1980s, and 1990s. And in fact, if you adjust for the increases in the total population, and the absolute number of police on the streets, it turns out that the increasing safety of government police over the past 35 years is only the tail end of a general trend that has been going on since 1921. (The temporary uptick in violent police deaths from the early 1960s to the mid-1970s never ended up producing more per-capita violent deaths than there had been in 1935.) Following the yellow line, you can see that 2008 and 2009, at the tail end of this trend were the safest years to be a police officer in over 110 years.

In other words, it’s never been safer to be a cop in America than it has been over the past 2 years. Yet boss cops, spokespeople for the government police, and articles written by cops and for cops, constantly repeat the demonstrably false claims that criminals are more violent than ever before, and that government cops somehow face more danger on their patrols now than they ever have before. That this is a complete lie would be obvious to anyone who had spent 15 minutes perusing the police’s own institutions and resources for honoring their fallen comrades. The interesting question, then, is what kind of purpose the constant refrain of this unfact from government police serves — what it means when ever-more-heavily-armed government cops keep insisting on a completely mythical ever-present, ever-increasing danger to their politically-sacred persons, in spite of the evidence of the senses and the consistent trends over the last century of historical reality. When you see heavily-armed, well-protected men trying so very hard to psych themselves up to believe in a growing danger that does not actually exist — and when this constantly repeated Big Lie is used to slam pop-culture for any attempt to portray any abuse of police power; to swat down real-life complaints about police belligerence or invasions against civil liberties; to explain the alleged need for assault rifles, tanks, cordoning off strategic hamlets in inner cities, and a niche industry in warrior mindset trainings — I couldn’t much blame you if you did see some real danger in this concerted effort to inculcate and reinforce a consciously-constructed, fact-resistant permanent siege mentality among patrol cops. But not danger for the cops.

Do you feel safer now?

See also:

• Radley Balko, The Agitator (2007-12-28): Just how dangerous is police work?
• GT 2008-10-06: No, seriously, I could swear the water in this pot is getting a little hotter… (#7)
• GT 2010-01-18: In Their Own Words: Master and Commander edition
• GT 2009-05-28: How cops see themselves (#2). National Police Memorial Week and El Monte, California.
• GT 2009-06-02: The Police Beat
• GT 2008-09-25: How cops see themselves
• GT 2008-09-19: No, seriously, I could swear the water in this pot is getting a little hotter… (#6)
• GT 2008-08-22: No, seriously, I could swear the water in this pot is getting a little hotter… (#5)
• GT 2008-07-12: No, seriously, I could swear the water in this pot is getting a little hotter… (#4)
• GT 2008-06-05: Neighborhood Safety Ghettoes in D.C.
• GT 2008-05-15: No, seriously, I could swear the water in this pot is getting a little hotter… (#3)
• GT 2008-05-12: No, seriously, I could swear the water in this pot is getting a little hotter… (#2)
• GT 2008-05-06: No, seriously, I could swear the water in this pot is getting a little hotter…
• GT 2008-04-28: Is it just me or is the water in this pot getting a little hotter?

Here’s Jenn Rowell in the Montgomery Advertiser on a recent murder in Tallassee. Notice the amazing disappearing subject:

Tallassee police have released additional information about a fatal shooting that involved officers.

In the news, fatal shootings just happen somehow, and officers, poor things, somehow end up involved.

Of course, what actually happened is that some white cops working on the Tallassee city government’s police force chased a black man down and then they shot him to death. Their victim, Michael McIntyre, was not actually accused of any crime whatsoever; the cops were in the housing projects where he lives because they were looking for somebody else to serve a warrant. (Who they found, and arrested, without any trouble. But Michael McIntyre ran away, which cops in America take as a crime in itself, and sufficient reason to chase after you, force a violent confrontation, and take you down by any means necessary, even if it means lighting you up (the police so far have refused to disclose how many shots were fired, beyond the fact that their victim was hit multiple times).

Cops claim that McIntyre brandished a weapon — after a gang of heavily-armed strangers had chased him for 200 or 300 yards. I don’t know whether that’s true or not — there’s certainly no reason to just take the police at their word — but even if it is true, I don’t much care. If I had no reason to be looking for you, no reason to hang around bothering you — if you were never accused of any crime and I had no basis to arrest or detain or harass you over anything — and you decided to leave, then you have a right to leave. If I took your decision to leave as an offense against my person or prerogative, and then chased you down, threatening to use my small arsenal of weapons to restrain you by any means necessary, and so forced a violent confrontation with you when, again, you were not suspected of committing any crime, or of posing any threat to anyone, and if I then ended it all by lighting you up, in self-defense against a threat which, if it existed at all, was purely the product of my own belligerence and escalation, then I would be considered a dangerous maniac, and I would probably be in prison for the next couple decades, if not the remainder of my natural life.

Of course, here the dangerous maniac is a gang of cops armed and uniformed by the city government. So instead they get a crowd control goon squad to clear the area of upset black people, while the Mayor pro tem of the city government takes time out to roll up and do some damage control, while their colleagues in the Alabama Bureau of Investigation perform a perfunctory investigation that will almost certainly end up by declaring that everything they did was done According To Official Procedures.

(Via Roderick 2009-12-31.)

See also:

• GT 2009-10-21: Wednesday Lazy Linking (Tucumcari, New Mexico: Unarmed 14 year old girl tasered for running away)
• GT 2009-09-16: The Police Beat: Shot in the Back (Las Vegas, Nevada: shot to death for running away)
• GT 2009-06-02: The Police Beat (Detroit, Michigan: Tasered to death for running away.)
• GT 2009-05-26: Over My Shoulder #45: How Empire comes home in sado-statism and police brutality. From Fred Woodworth, “Evil Empire Notes,” in The Match! # 107 (Summer, 2009)