Peers for Peace: Professional Policing in a Free Society

Posted 2015-02-05 22:42:58


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Los Angeles Daily Journal - February 5, 2015 Why are police officers shooting so many people? Are they out of control? Why do they look like soldiers? As a young Los Angeles Police Department officer in 1968, I could not imagine the society I now live in as an old man. It is much less violent than I would have expected. Back then, we were experiencing major riots, anti-war bombings, and urban warfare conducted by groups such as the SLA, Weathermen, Black Panthers, and the Aryan Nations. Although there is an absence of mass urban violence and the murder rate has been cut almost in half, we are witnessing the unfortunate militarization of our police, as they increasingly look and act like soldiers of an occupying army. This is one consequence of the failed War on Drugs?that has criminalized generations of young people and wasted a trillion dollars?and the endless War on Terror?which has created a surveillance state and reduced the civil rights of all Americans. Today, if the United States experienced the same level of homicides, bombings, riots and urban warfare as in the '60s and '70s, we would probably find ourselves under federal martial law. Viral videos of black clad "Robocops" in hand-me-down military vehicles, armed with assault weapons as they confront civil protesters, are shocking, but the images do not convey the feelings or beliefs of those whose rights are being curtailed. Police shootings, such as the LAPD killing of Ezell Ford in August 2014 and others recently seen on television and the Internet, do not necessarily reflect an increase in the number of such incidents. Their frequency on the 24-hour news cycle may be attributable to the widespread availability of smartphones and other digital devices to easily record and publicize them. These shootings not only result from an "us and them" siege mentality of some officers, who see criminal suspects as terrorists, but also from the understandable apprehension of most police officers, who continue to be gunned down by the 300,000,000 firearms in the U.S.. Twenty-seven officers were murdered in the U.S. during 2013, and firearms were involved in all but one incident. Since 1968, when I joined the Department, 35 LAPD officers have been murdered with guns in the line of duty, including a good friend. With almost one gun for every person in the U.S. and right-to-carry laws, fear that a noncompliant suspect is reaching for a gun is not unreasonable. Policing necessarily involves violence. The manner and restraint in which a community lays hands on those who violate its laws define the nature and quality of its society. At some point, officers must physically deprive individuals of their freedom of movement, and the act is always emotional for those being arrested. Often, offenders have histories of violence and mental problems or, for a myriad of reasons, do not want to be arrested. For someone who has never had to do it, one cannot imagine how very difficult it is to handcuff a resisting, adrenaline-charged person without causing or suffering injury. One of the first orders issued by Ed Davis when he was appointed chief of police in 1969 was to research and write the policies of the LAPD, including the use of force. Recently assigned to the manuals and orders unit, I was given the job and granted access to department archives and the authority to conduct unlimited interviews. Policy was easily defined as "guiding principles," but the meaning of "to protect and to serve" was more difficult. A conservative populist, Davis approved this definition: "The Department serves the people of Los Angeles by performing the law enforcement function in a professional manner, and it is to these people that the Department is ultimately responsible." Over a two-year period, department policy was researched and developed on a broad range of subjects, and the completed policy manual was approved by Davis and the Police Commission. The manual still sets forth the principles, philosophy and policies that guide all department operations. As a form of self-regulation in a free society, the people select honest, healthy, and well-balanced young people from among themselves to serve as their law enforcement representatives. Police officers are appointed and trained to perform an unpleasant, difficult and often dangerous job. To be effective, officers must not only obey the laws they are sworn to enforce, but they have to do so in a dispassionate, even-handed manner that reflects the best values of their society. While cooperation and participation of the public is essential in preventing and solving crimes, professional policing involves more than good media relations and maintaining a working partnership with the neighborhood watch. Police officers are one in the same with the people. Although they provide a service, officers are not servants?they are equal peers with the people. Officers cannot become an occupying military force and retain their professionalism. The military exists to deploy maximum force to kill enemies, while police officers are trained to exercise restraint and avoid violence. Soldiers follow orders and operate in groups under close supervision. Police officers work alone or with a partner, and within policy guidelines, they are decision makers with a high degree of autonomy and personal discretion. Officers are granted the authority to use force, but only the minimum amount required to make each arrest. Unfortunately, with constant exposure to brutality and disorder, officers can change over time. They feel isolated and become cynical. Unsure of their role and under extreme pressure, their split-second decisions are not always the best. Nowadays, their mistakes are often videoed and posted on the Internet for all to see. While I remain proud of what I wrote 45 years ago, if I had it to do over again, I would recommend the following as a more effective expression of the role of the police: "The People of the City of Los Angeles and their Police are Peers for Peace." In addition to writing the LAPD Policy Manual, William John Cox wrote the Role of the Police in America for the National Advisory Commission on Criminal Justice Standards and Goals. The Holocaust Case, his memoir about one of the pro bono matters he later handled as a public interest lawyer, will be published in July.