Police Powers
Dec 13
I just read this post about police power, and in large part because of its Andy Griffith theme, I couldn’t help but be reminded of this, even though it’s not entirely related (it discusses what was considered “conservative” 40 years ago versus today).
Getting back to Tam’s post, while I’m not normally inclined to agree with about much of anything, I think that this is one of those areas where left-leaning types like me and libertarian-leaning types like her can find quite a bit of common ground. Xrlq’s protestations to the contrary aside, it has almost exclusively been the modern conservative movement that has moved us toward this sort of authoritarian government and sought to massively expand police powers, while seriously diminishing oversight. I’d expect most Americans — left, right, and center — to be able to agree that this is a Bad Thing. I’d argue that it’s mostly the moralistic, “religious right” Southern conservatives, with a healthy assist from the neo-cons, who are responsible for this authoritarian turn.
As for what to do about it, Tam hits on something here:
I don’t care if Johnny Law has a scary looking assault rifle. Heck, I have one, so why shouldn’t he? What I worry about is writing him a job description that makes it necessary to use the thing so much. We need to seriously re-think what constitutes an acceptable reason to send a policeman crashing through a door, rather than send him crashing through that door armed only with a nightstick and a whistle.
I’d take this one step further. I’d demand harsh punishments for those who overstep their bounds and abuse the powerful and potentially dangerous tools with which we’ve entrusted them. And I’d not limit that responsibility to those who executed the abusive raid; indeed, it’s the person who authorized it who must be held most responsible.
But I’m curious to know how peope from across the political spectrum feel about this, and what they think ought to be done about it.
H/T: SayUncle
#1 by SayUncle at December 13th, 2006
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Then why do these incidents seem to occur in areas where the dems/liberal republicans are in control (i.e., 2 of the three latest outrages occured in Atlanta and NYC)? Seems to me that the issue is more attuned to where the .gov is bigger, this shit is more likely to occur. just a thought.
here’s a map that seems to confirm that. Will have to dig further.
#2 by tgirsch at December 13th, 2006
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Because they’re more likely to happen in big cities, which tend to be more liberal. I could be wrong, of course, but even in those places, I don’t see liberals/Democrats arguing that we need to get “tough on crime” through things like zero tolerance laws, expanded police force, reduced burden of proof requirements, etc. In the political sphere, at least, it is generally authoritarian conservatives who argue for such things. Anecdotally, here in Memphis, it is the conservatives who beat the “tough on crime” drums. Of course, you could always prove me wrong by providing specific examples to the contrary, listing Democrats and liberal Republicans who routinely argue for such measures.
#3 by tgirsch at December 13th, 2006
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And, of course, what constitutes a “liberal Republican” is something of a sliding scale. What you count as a “liberal” Republican, most people (at least, most who aren’t themselves conservative Republicans) would at best describe them as “moderate.” E.g., Giuliani.
#4 by SayUncle at December 13th, 2006
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Giuliani’s just a liberal who doesn’t like porn stores, supports the iraq war and kinda likes the free market.
“Because they’re more likely to happen in big cities, which tend to be more liberal.”
Well, yeah. Say hello to the correlation i referenced earlier. They tend to happen where liberals are in control. And all politicos throw around the tough on crime nonsense and expanding police powers (err, one senator voted no on the patriot act). For the children.
Don’t have time to ‘prove you wrong’ but it’s a matter of proximity: larger population centers tend to be more liberal and tend to have more police involved in questionable shootings and tend to have more crime. I’ll buy that I can’t conclude it’s the liberal’s fault but I don’t buy that it’s the fault of ‘the modern conservative movement’.
#5 by Kevin at December 13th, 2006
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SU
One word: Tulula. Or follow Radley’s look at the murder case in, I believe Al.
To be blunt, police abuse their powers more in rural, small town America, it seems to me, largely becasue of the authoritarian nature of conservatives. You will get more coverage of sensational news stories from big cities, especially form new York, because thats where the news media are, but I thik your contention is wrong. On almost every scale of police and prosecutaorial abuse, rural, small town conservative America seems worse to me.
#6 by tgirsch at December 13th, 2006
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one senator voted no on the patriot act
Uh, who would that be, again?
Anyway, as Kevin said, it’s not so much that events like that tend to happen more in places where liberals are in control; it’s that they tend to get press there.
But again, where it happens isn’t really my concern. What I’m concerned about is who tends to advoacte such expansion of powers, and who doesn’t. And it’s the authoritarian conservatives who generally support expanded police powers, and “If you’re not guilty, you’ve got nothing to hide” type attitude that drives this sort of thing.
#7 by SayUncle at December 14th, 2006
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Kevin, I was referencing when someone was killed due to police overreaching during raids. Should have been clear. If you filter Radley’s map for deaths from rais, it’s quite clear they happen mostly in big cities. That makes sense. After all, big cities have swat teams and they gotta do something when they’re not saving hostages.
I have no doubt abuse occurs more in small towns but there are probably fewer instances of cops putting on ninja gear and shooting some one.
Regarding the press thing, irrelevant. Radley’s map researched quite a few incidents.
Those in power, of course.
#8 by tgirsch at December 14th, 2006
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If you filter Radley’s map for deaths from rais, it’s quite clear they happen mostly in big cities.
Really? When I filter on “death of innocent,” it doesn’t look all that clear to me. I guess you might think Sarasota, FL and Lebanon, TN and Riverdale, GA and Travis County, TX count as “big cities,” but I just don’t see it. That’s four of the first eight. Modesto, CA. Lexington, TN. I guess you could call Durham, NC the “big city.” The thriving metropolis of Osawatomie, KS. Selmer, TN. Dinuba, CA. Salem, OR. Riverside County, CA. Everett, WA. Tyler, TX. Ripon, CA. Jeffersontown, KY.
I think I’ve made the point. Looks like smaller towns and the suburbs aren’t any better in this regard. In fact, if you correct for population, it looks like they’re worse.
#9 by Carl at May 8th, 2009
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Andy G. played Sheriff, and a Sheriff does not have Police powers! I don’t think I’m too far wrong about this but someone ought to read up on the California Penal Code from which Peace Officers derive their LIMITED powers - and get the ACLU involved!
830.1. (a) identifies a sheriff’s deputy as a Peace officer “ … who is employed to perform duties exclusively or initially relating to custodial assignments with responsibilities for maintaining the operations of county custodial facilities, including the custody, care, supervision, security, movement, and transportation of inmates, …. whose authority extends to any place in the state only while engaged in the performance of the duties of his or her respective employment and for the purpose of carrying out the primary function of employment relating to his or her custodial assignments …”. 830.1. (c) limits authority of deputies to custodial duties and, IF and ONLY IF in a state of local emergency, to law enforcement functions directed by his or her employing agency.”
By statute, the County Sheriff department is responsible for maintaining jails and custody of inmates. It is not a law enforcement agency (i.e., like the Police) per se even though they’re seen to perform police functions. It seems to me the courts overstepped their bounds by inventing arbitrary precedents that violate governing law and the California Constitution [ARTICLE 11 LOCAL GOVERNMENT SEC. 7: “A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations NOT IN CONFLICT WITH GENERAL LAWS”]. They have sanitized illegal searches, seizures, arrests, detention, and other Civil Rights violations committed by the Sheriff’s Department functioning illegally in a law enforcement role absent any local emergency.