Before we rush forward to enact new legislative “reforms” we should step back to ask important and searching questions.
Excuse me, but may I ask a question? Or rather, a series of questions?
Oh, I know that no one today has much time for questions: because the loudest voices, in our newsrooms and out in the streets, are too busy telling us what the answers must be.
And, unlike the activists, the politicians, the pundits, the sports stars, and assorted other know-it-alls, I don’t pretend to have all the answers. However, I do have some pertinent—and perhaps unwelcome and inconvenient—questions to ask.
May I?
Thank you. I won’t take much of your time. I promise.
Federalism
1. Should the federal government micromanage state and local police departments and law enforcement agencies?
2. Does federalism matter, and might federalism help us determine which reforms work and which ones don’t?
Legislating Police Practices
3. Do we have a problem with specific police practices, such as chokeholds and no-knock warrants?
Or, instead, do we have a problem with specific police officers, such as Derek Chauvin, who misuse and misapply those practices?
4. Did Officer Chauvin kill George Floyd with a choke hold or by pressing his knee into his neck?
5. If the problem is specific police officers such as Chauvin, then why focus on stopping certain practices? Why not focus on recruiting better officers, training them better, and screening out bad officers?
6. Rather than ban or proscribe certain police practices, might we do well, instead, to train officers to use better, less dangerous, and more effective practices by which to subdue and control suspects?
7. Will legislation designed to outlaw or ban specific police practices actually end police brutality or make much of a difference? Or will bad police officers still find ways to commit egregious acts of wrongdoing?
8. Fox News host Sean Hannity has promoted non-lethal weapons that will “incapacitate violent or threatening subjects” without killing them.
Hannity says non-lethal weapons in the hands of the police are a way to balance the need for robust and proactive policing while simultaneously averting the excessive use of police force and wrongful deaths.
Does Hannity have a point, and should not the use of non-lethal weapons rank high on the police reform agenda?
‘Systemic Racism’
9. Is our problem “systemic racism” or human nature and human frailty?
If the latter, is it possible to legislate or change human nature and human frailty? Or will we still inevitably have incidents of police brutality and excessive police use of force?
10. If our problem is “systemic racism,” then why did the police kill more unarmed white suspects in 2019 (nineteen) than unarmed black suspects (nine)?
Why did unarmed black victims of police shootings represent just 0.1 percent of all African-Americans killed in 2019?
11. If our problem is “systemic racism,” then why is a police officer “18.5 times more likely to be killed by a black male than an unarmed black male is to be killed by a police officer”?
12. Does “systemic racism” explain why the vast majority of African Americans are killed by other African Americans, and why, overwhelmingly, the victims of black crime are innocent African Americans?
13. An increasing number of police officers are black, Hispanic, Asian and other minorities, as are big-city police chiefs. Many departments—including the New York City and Los Angeles police departments—are majority minority.
Are these police officers and departments, too, plagued by “systemic racism”?
14. If, indeed, the police are statistically more inclined to police or confront African Americans, and sometimes on specious grounds, is this necessarily because of racism? Or might disparities in criminal conduct among different racial and ethnic groups have something to do with it?
15. Is there any other country than the United States of America where blacks have achieved more and enjoyed greater opportunity and more equitable treatment?
16. In the past 20 years, America has elected and reelected a black man as President of the United States, had two black secretaries of state, two black national security advisers, and at least a dozen black, Hispanic, Asian, and Indian governors, lieutenant governors, and senators.
Does this not refute the notion that ours is a country imbued with “systemic racism”?
‘Black Lives Matter’
17. If the protesters really believe that “black lives matter,” then why do they show little or no concern and passion for the lives of black teenagers and children murdered by black criminals in the inner city?
18. Why are there no “take-a-knee” protests and high-profile, high-vis funerals for black police officers killed by violent thugs?
19. We hear much about the historical legacy of racism and how it haunts law enforcement, and American society more generally, even today. Okay, but has anything changed for the better in the past 50 or 60 years, and can we also acknowledge this history and its relevance to the current debate?
20. The Voting Rights Act of 1965 and the Civil Rights Act of 1964 are considered landmark legislative achievements on the road to racial equality.
Ditto the 24th Amendment to the Constitution (also ratified in 1964), which prohibits poll taxes or any other tax that infringes upon a citizen’s right to vote.
The Fair Housing Act of 1968, likewise, prohibits racial discrimination in the sale, rental and financing of housing. Did this and similar legislation, as well as the 24th Amendment, achieve anything substantive and long-lasting?
21. America across the board—in government, corporations, public and private agencies—has instituted affirmative action programs to assist disadvantaged blacks.
Federal, state, and local governments, likewise, have spent trillions of dollars over a period of decades to assist disadvantaged Americans, black and white.
Is this evidence of a country that doesn’t believe “black lives matter”?
22. Polls consistently show that Americans are far less racist today than they were 50 or 60 years ago. Do these polls reflect reality, or are people lying to pollsters about how they really feel?
‘Militarization of the Police’
23. Is there any evidence that the so-called militarization of the police has resulted in more killings and bad community relations?
What if better armed police actually have had the opposite effect? Will policymakers and pundits then call for increased “militarization of the police”?
24. When the police receive equipment from the U.S. military, is this equipment assigned to every police officer within a law enforcement agency, or just specialized units such as SWAT teams?
25. Within police departments, is there a role for SWAT teams and should these teams be heavily armed and equipped?
26. Does the so-called “militarization of the police,” especially during introductory induction training, contribute to any shared sense of camaraderie, pride, and esprit de corps among cops? And, if so, might this help promote professionalism and good conduct?
27. Counterinsurgency operations in Iraq and Afghanistan emphasized protecting the indigenous population and exerciseing real restraint in the use of force.
Are there useful lessons here for our police? And, if so, doesn’t greater “militarization of the police”—meaning greater DoD-police cooperation and training—make sense?
‘Defund the Police’
28. Former NYPD Police Commissioner Ray Kelly notes that about 95 percent of all police budgets are for personnel costs. So would not “defunding the police,” or reducing police budgets, mean fewer police and less of a police presence on the streets?
29. Given that blacks in the inner cities are the most victimized by violent crime, would not “defunding the police,” or reducing police budgets, hurt them the most?
30. Heather Mac Donald observes that “the most urgent requests [for a proactive police presence] come from the law-abiding residents of high-crime neighborhoods”; and that she’s seen these requests “time and again in the dozens of police-community meetings [that she has] attended.”
Moreover, she writes, “the percentage of black respondents in a 2015 Roper poll who wanted more police in their community was twice as high as the percentage of white respondents who wanted more police.”
Do these black citizens matter, and should their concerns be listened to and heeded?
31. Incidents involving the mentally ill, the psychologically maladjusted, domestic disputes, spousal abuse, juvenile delinquency, and drug addicts can be dangerous, with the threat of violence ever-present.
Given the clear possibility (and sometimes likelihood) of violence, then, does it really make sense to have unarmed social workers and not police officers deal with these type incidents? What happens if social workers who respond to these type incidents are killed as a result?
‘Qualified Immunity’
House Democrats have unveiled a bill that would abolish “qualified immunity” for police officers—on the grounds that this “undermines police accountability and encourages bad behavior.”
But qualified immunity is rarely invoked and revoking it is a recipe for police inaction, according to Ray Kelly, former head of the New York City Police Department.
32. Who’s right: House Democrats or Ray Kelly?
33. What is the greater risk or danger: that police will withdraw from the streets and cities because they fear lawsuits, or that police will respond too aggressively and with excessive force because they need not fear a lawsuit?
34. What does the data tell us?
Honest, Good-Faith Debate
33. Is there any evidence that the so-called reforms being pushed will actually save black lives? What if the so-called reforms will do the opposite?
34. Can we discuss these issues fairly, honestly and dispassionately? Or must we, instead, dispense with fairness, honesty and dispassion because “this time’s different”?
Excuse me? “Am I done?” you ask? Yes, well, I understand that I have exceeded my time and perhaps overstayed my welcome. I have many other questions, and perhaps I can ask those at another time.
But with all due respect, it seems to me that before we legislatively chisel the protesters’ preferred answers into the legal equivalent of Mount Rushmore, we ought to ask some important and searching questions.
I offer these up only as a starting point. We have, dare I say, a lot more to think about.
Feature photo credit: Refinery29.com.
