Thursday, January 29, 2015

Law Enforcement, Race and the Gun Culture – Discussion

This is the fourth in this series. I recommend that you read or re-read Part I here, Part II here, and Part III here.

I have received two comments on the first two posts and I want to share those with you, together with my responses:

Michael Cerratto Esq. of Westville, New Jersey, wrote:

Good, something I don't feel so intimidated commenting on!

 The closing incident reminds me of a comment I once heard about the "cops vs. bad guys dynamic" being nothing more than our young delinquents vs. THEIR young delinquents. In any event, there are just too many dead bodies littering the streets lately, and the fact that we are only just now beginning to ask the questions which will, I pray, lead to some explanation of what is going on does not speak well of us. But then, again, I wonder if we really want the answers? Time will tell.

To which I replied:

You ask: "But then, again, I wonder if we really want the answers?"

According to CNN we do not.


How many people are shot by police every year? Nobody seems to know the exact number (something that is itself disturbing -- no official government agency tracks the full data for the entire country)

… nobody wanted to fund it and the (police) departments didn't want it. They were concerned with their image and liability. They don't want to bother with it.''

If you have any observation on my later post, I welcome it.

And Bob Russo of Montclair, and its former mayor, chimed in with:

I loved your 20 year old letter to the Editor... and the reference to the Ham sandwich being indicted...the more things change, the more they STAY the same, I think is the correct version. Anyway, I think you are absolutely right on all counts. I just have a hard time as former Mayor and Deputy Mayor demonstrating against my police department as I have been asked to do by protestors of police brutality, which I believe really does exist, but should probably be referred to as overzealous excessive use of force. I just don't know what the solution to mistrust of police based on legitimate fears and negative past experiences is...while we still need the security provided by adequate community policing and foot patrols. I think we should be putting more police on the streets and devoting more resources to public safety and security at this time of increased violence and potential terrorism.....but the nation does not seem to care.....We should devote energy to securing our communities,  especially urban areas and cities,  rather than spending billions on foreign adventures that seem to only fan the flames of more hatred toward us....and we should fix our bridges and infrastructure which are crumbling due to neglect.   We really need another TR and FDR with a public works agenda to make things right again......sorry to write so late......I was just catching up and that is my commentary on yours tonight! 

Which prompted this response from me:

Sorry about not getting the idiom correct. I usually check things on the web, rather than relying on my memory, but in this case, apparently, I felt so comfortable with the form I used, (incorrectly) that I never thought of checking it.

On the substance, neither a TR nor an FDR, nor an LBJ, would make any difference. They all had collaborative Congresses, and overwhelming majorities in those Congresses. Congress does make a difference. And it used to be that politics ended at the water’s edge. All that is gone. 

The Supreme Court is no longer a judicial body, but a purely political one, with power greater then that of either the President or that of Congress. The Congress can be vetoed by the President, and the President can be overridden by 2/3rd in both houses, but SCOTUS can only be overridden but 2/3 of both houses and 3/4th of the legislatures of the states. That is awesome power, and when it is abused, e.g. Bush v. Gore, or the United case, which effectively legalized bribery and extortion, it does harm far beyond what people realize. Had Gore been allowed his victory, as was in fact the intent of the voters, the Supreme Court would have a totally different composition, would be handing down entirely different decisions, and even elections might be run differently, if a different court where to strike down the outrageous suppression of voters and the gerrymandering.

I have become convinced that SCOTUS must be weakened. I think 5-4 decisions should be treated as a tie and of no force and effect. I am aware that this might means that the upcoming 5-4 decision on gay marriage would be of no effect, but that would still leave most of the US with legal gay marriage. I assume that in any case giving effect to the Constitution’s, Full Faith and Credit clause (Article VI -Section 1) so that each state has to recognize a legal marriage in another state, is unavoidable even for the Right wing nuts on the Court. The language in the Constitution is too plain.

As for the police, I don’t think that we have inadequate forces. That may have been true once - I don’t think it is true any longer. But the police must be held accountable. If they are not, we are in deep trouble. But it goes way beyond the police. It is our whole criminal justice system, as I will elaborate in future posts.

As for "securing our communities, especially urban areas and cities” the best way to secure them in the long run is to deal with their economic and social problems. The outrageous under-financing of their schools, which should not be financed by local property taxes, which by their very nature finance poor neighborhood schools poorly, and wealthy ones extremely generously.  But, schools are not enough, unless we attack the underlying poverty and the social and cultural problems that have arisen from years, indeed generations of persecution, under-employment, and neglect.

As for "foreign adventures” I believe we must guard against isolationism (that has never served us well), while guarding against foolish involvement. Examples of sound involvement were the actions taken by Clinton in Bosnia and by George H.W. Bush in stopping the invasion of Kuwait, while Iraq, and of course, Vietnam were major errors. I think we are doing the right thing in punishing an expansionist Russia, but as I have indicated, we are wrong to allow an expansionist Israel.

Well, that’s a lot of area to cover in a nutshell, but on the criminal justice system, stay tuned.

Comments, questions, or corrections are welcome, and will be responded to and distributed with attribution, unless the writer requests that he/she not be identified. However, please give your full name and the town and state in which you reside or have an office. 

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