(Photo credits: PAIGE PFLEGER / WOSU)
By Mark A. Wilson
OPINION—Police reform legislation has been passed in a number of states, but none get to the heart of the issue. Bills introduced in Houston and New York City ban the use of chokeholds. Other proposals would strip law enforcement agencies of qualified immunity, and even going as far to defund police departments.
As a counter-argument to defunding the police, I would suggest using designated police budgets to settle any misconduct or wrongful death suits. Instead of doubling down on taxpayers, settlements should come directly from police department budgets. I’m willing to bet this action will curve misconduct and inspire more efficient and constitutional policing in this country. More efficient policing will benefit all Americans, and in this sense, all lives will truly matter.
These legislation reform bills only serve as a bandaid. Banning chokeholds is all well and good, but what happens when police officers are found in violation of using a chokehold? What are the consequences? More importantly, who will determine the outcomes? The recent legislation reform bills fail to answer any of these questions.
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True police reform can only be achieved when police misconduct is directly addressed and corrective action is taken. Since the world witnessed a police officer tortuously press his knee into George Floyd’s neck, there has been a flood of stories about police misconduct. Unsurprisingly, a fair amount of cases involve police officers with prior records of mistreatment and excessive use of force. Derek Chauvin, a former Minneapolis police officer, had 18 prior complaints for misconduct. Evidently, Mr. Chauvin’s record of complaints didn’t alarm the Minneapolis police department enough to take action. Having faced no consequence for any of the prior allegations, Mr. Chauvin remained on active duty and eventually took the life of George Floyd.
Prior to this despicable murder, where was the accountability? Was there a disciplinary process to address any of the complaints levied against Derek Chauvin?
The answer to these questions is resoundingly simple: There is no accountability. And this holds true not only for Derek Chauvin but for many police officers throughout the country.
Police misconduct has been an issue in this country for years. And as illustrated by the protests in recent weeks that have gripped the nation, police misconduct disproportionately impacts African-Americans. However, police misconduct goes beyond the African-American community as it affects all races in this country. This is an issue where anyone’s civil liberties are at risk. There will be no real police reform until police officers are held accountable for their actions.
New York Attorney General Letitia James has proposed police reform legislation that sets a path for tackling accountability. It would establish a commission to monitor policing, and designate the commission to hire police commissioners instead of the Mayor.
While these are steps that are worth examining, the board would be worthless absent clear guidelines that enforce accountability. A commission should have enough power to administer true consequences for police misconduct.
Moreover, a civilian board will only be effective based on its makeup. This means constructing a commission comprised of both law enforcement and civilians. Such a makeup will lend balance when examining misconduct issues brought before the commission.
Police departments are clearly not suited to police themselves. The NYPD, which is the nation’s largest police force, has faced little to no consequences for police misconduct issues.
The widespread use of body cameras has reinforced the ineffectiveness of the current system. In many cases, the cameras have provided clear evidence of inappropriate police actions, and yet, that misconduct has resulted in no significant disciplinary action or termination.
Even when misconduct is captured by civilians, as the case with Eric Gardner, the wheels of justice as it relates to the thin blue line culture, is non-existent. The need for independent commission boards is more prevalent than ever if we are to truly reform the policing in this country.
NYPD commissioner, Dermot F. Shea, comments on the anti-police backlash but refuses to acknowledge the existence of police misconduct, especially as it pertains to the NYPD. President Donald Trump believes the recent police legislation will only weaken law enforcement nationwide. As Congress looks to push federal police reform legislation, the president accused Democrats of wanting to “weaken our police” and “take away immunity.” Mayor Bill De Blasio responded to Attorney General Letitia James commission proposal, “when you create any kind of commission, when you create diffusion of responsibility, things don’t work.”
Commissioner Dermot, President Trump, and Mayor De Blasio, represent the essence of why there is an ongoing problem with police misconduct…no accountability. Police officers are able to hide behind immunity, which diminishes any effort to hold officers accountable for misconduct.
Mark A. Wilson is currently a graduate student at the Columbia University SIPA program in New York. He lives in Harlem, is a NY resident, and earned a BA degree from Fairfield University.
