Police Brutality
Today in America, police brutality is a reality. Many try to deny that some police
have brutalized citizens, but the proof is overwhelming that it is a problem in the U.S.
Daryle Lamont Johnson found that according to the Department of Justice, 47,000 cases
of police brutality were reported in the United States between 1986 and 1994. Of those,
293 were prosecuted as reported in “Only Real Reform Will Curtail Police Brutality.”
In New York City, two Hispanic men were killed when they were shot from
behind 28 times and another Hispanic man was choked to death after his football hit a
police car. In Pittsburgh, an African American businessman was choked to death after
being stopped for a traffic violation. At St. Petersburg, Florida, African American
motorist was shot to death also after a traffic stop. At New Haven, Connecticut, a man
suffered the same fate. Without any explanation, in each case the killing had occurred
while the men were in police custody or in the course of a police action.
In Los Angeles, Califonia, Rodney King was beaten by several officers in the now
infamous case, that was recorded on videotape. King had been fleeing pursuit for speeding
and running a red lights. King was dragged from his car, clubbed as many as 56 times,
kicked at least 6 times, and was hit with a Taser stun gun. Twenty-three other officers
watch the beating. King suffered from skull fractures, and nerve damage to his face. Riots
broke out in Los Angeles in April of 1992 after officers Laurence Powell, and Stacey
Koon were found not guilty of criminal charges. In April 1993, Koon and Powell were
found guilty of civil rights violations and receive prison time.
The problem posed by illegal exercise of police power is an ongoing reality for
many individuals of a disfavored race, age, or class. Most litigation in this area of the law
has been processed in the federal courts under a federal statute 42 United States Code
1983 because, at least until now, that court has shown a relative sensitivity to civil rights
claim. The assertion of a civil right should be understood to be an inherent part of
progressive social change in a democracy. On one side we have the police who are
responsible for maintaining and enforcing the existing social and economical order, and on
the other side are those who challenge the authority of the police. The courts are the final
arbiter to determine, through the jury system, whether in fact the alleged conduct amounts
to an abuse of a civil right. Thus, each time a police officer uses excessive force, makes an
illegal search and seizure, suppresses free speech, or participates in other unconstitutional
acts, that officer is impairing the individual’s right and at the same time is thwarting
legitiment societal change.
Historically, racial priorities, especially involving blacks, have been the victims of
police brutality. Since the middle of the 19th century a dominant white society maintained
race discrimination through a police force ready and willing to use violence against those
in a minority. The violence has ranged from extremes of lynching, to harassment in
various forms. In response to the continuous denial of civil rights of blacks, the Civil
Rights legislation was first passed in the U.S. Congress. Commenting on this legislation
the Supreme Court in Owen v. City of Independence Mo. 445 U.S. 622 said:
The central aim of the Civil Rights Act was to provide protection
to those persons wronged by the “misuse of power, possessed by
virtue of state law and made possible only because the wrongdoer is
clothed with the authority of state law.
Police misconduct litigation informs the public of individual acts of police abuse
which would go without notice absent from litigation. The evidence presented in such
cases establishes that the alleged act of brutality is not an unusual and rare event, but in
fact is an institutionalized police practice often repeated against innocent persons. A
society that benefits the most from this litigation as police misconduct is brought out in the
open, exposed to public censure and review.
For too long, elected officials and police organizations have been turning a blind
eye. For example, why does New York City Mayor Rudolph Giuliani feel compelled to
voice his rage and scream for the death penalty when a police officer is killed, yet remains
silent when the roles are reversed? Giuliani attacked Bronx District Attorney Robert
Johnson, a capital punishment opponent, for not seeking the death penalty after an officer
chasing a suspect fell on a broken mirror and bled to death. However, when a navy
veteran was killed by police fire, Giuliani distanced himself from the incident and barely
commented on it.
In the case of Jonny Gammage, businessman and the cousin of Pittsburgh Steelers
player Ray Seals, Mr. Gammage was choked to death after a routine traffic stop outside
Pittsburgh in 1995. The judge in the case dismissed charges against the police officers
accused in his killing, saying that prosecutors unfairly singled them out. Then, there was
the case in Elizabeth, New Jersey, where police officers brutally assaulted a 17-year-old
boy who accidentally ran into their cruiser. The local Fraternal Order of Police attempted
to wage a campaign to oust the judge who rightly convicted the officers.
It should, however, be noted that brutality is not just found in some police officers.
It is also present in many correction officers, immigration officers and others in the
criminal justice system. It is, however, a problem in the U.S. and needs to addressed. For
true reform, the entire criminal-justice system must change. We must delete the vague
laws that allow police officers to harass citizens and walk away without consequences.
With a change in laws and attitudes of abusive policemen, a change can be made and
prejudice will fade.
Steven Reed
December 3, 1997