Overview: Police Brutality in America

Across America, daily incidents occur, one of many the cold-blooded January 1, 2009 murder of Oscar Grant – unarmed, offering no resistance, thrust face-down on the ground, shot in the back, and killed, videotaped on at least four cameras for irrefutable proof. USA Today said five bystanders taped it.

His killer: Oakland, CA transit officer, Johannes Mehserle, tried for the killing, the jury told to consider four possible verdicts – innocent, second-degree murder, voluntary manslaughter, or involuntary manslaughter, jurors deciding the latter.

The Legal Dictionary defines it as “The act of unlawfully killing another human being unintentionally,” the absence of intent distinguishing it from voluntary manslaughter. Many states don’t define it or do it vaguely. Wallin & Klarich Violent Crime Attorneys say in California it carries a two – four year sentence. However, since a gun was used, Judge Robert Perry can add three to 10 additional years.

Because minority victims seldom get justice, especially against police, Mehserle may serve minimal time, then be paroled quietly when the current furor subsides.

After the verdict, it erupted on Oakland streets, hundreds turning out to protest, Bay Area indymedia.org saying:

“The actions of the Police in Oakland tonight (including dozens of arrests) show their disrespect for justice in General. Their heavy handed violence towards protestors just reinforces their total disconnect with the people of Oakland.” It’s as true everywhere across America, police acting like Gestapo, usually unaccountably.

Grant’s family will appeal the verdict and is suing the Bay Area Rapid Transit (BART) for $25 million, his mother Wanda Johnson saying “My son was murdered (and) the law has not held the officer accountable.” It rarely does for Black, Latino, or other minorities, no matter the injustice, civil rights lawyer John Burris, representing Grant’s family in the civil suit, saying:

“The system is rarely fair when a police officer shoots an African-American male.” Police brutality against them and other minorites is systemic, including beatings, torture, and cold-blooded murder, usually with impunity, justice nearly always denied.

While far from certain, the Obama administration may charge Mehserle with civil rights or hate crime violations, DOJ spokesman Alejandro Miyar saying:

“The Justice Department has been closely monitoring the state’s investigation and prosecution. The Civil Rights Division, the US Attorney’s Office, and the FBI have an open investigation into the fatal shooting and, at the conclusion of the state prosecution, will conduct an independent review of the facts and circumstances to determine whether the evidence warrants federal prosecution.”

Systemic Police Brutality

An earlier Jones Report.com text and video account headlined, “Epidemic of Police Brutality Sweeps America,” showing footage of police repeatedly tasering a student with 50,000 volts of electricity for questioning the 2004 election results at a campus meeting.

Other videotaped incidents showed:

• a man victimized by police violence;
• a former sheriff’s deputy acquitted of voluntary manslaughter for shooting an unarmed man;
• police repeatedly beating an old man on the head, “for the crime of intoxication;”
• officers violently using assault rifles, tear gas, dogs, and at least one helicopter in an alleged narcotics sweep;
• a woman tasered to death by police; and
• a man in shock, bleeding and burned over much of his body, ordered to lie on the pavement, then tasered and shot to death while he sat dazed, the Report highlighting systemic police violence “repeated almost every day in (America), the police (getting) away with murder,” beatings, and other lawless acts – poor Blacks, Latinos, and Muslims for their faith and ethnicity their usual victims.

Amnesty International (AI) on American Police Brutality

On its web site, AI says “Police brutality and use of excessive force has been one of the central themes of (AI’s) campaign on human rights violations in the USA,” launched in October 1998. In its “United States of America: Rights for All Index,” it documented systematic patterns of abuse across America, including “police beatings, unjustified shootings and the use of dangerous restraint techniques to subdue suspects.”

Yet little is done to monitor or constrain it, evidence showing that “racial and ethnic minorities were disproportionately” harmed by harassment, verbal and physical abuse, false arrests, and in the case of West African immigrant, Amadou Diallo, shot at 41 times by four New York policemen, struck 19 times and killed while he stood in the vestibule of his apartment building, unarmed and nonviolent, victimized by police brutality.

Nationwide, driving while black has been criminalized, racial profiling used for traffic stops and searches for suspected drugs or other reasons, the practice especially common in California, Colorado, Florida, Illinois, Indiana, Maryland, Massachusetts, Pennsylvania, Oklahoma, Rhode Island, and Texas.

AI cited numerous incidents, including beatings and “questionable” shootings, usually found to be unjustified, yet cops most often absolved. Although most US police departments stipulate that officers should only use deadly force when their lives, or others, are endangered, dozens of cases show they do it indiscriminately, at most being “mildly disciplined” even if guilty of serious misconduct.

“Police shooting(s) resulting in death or injury are routinely reviewed (internally or) by local prosecutors….to see whether criminal laws (were) violated. However, few officers are criminally charged and little public information is given out if a case does not go to trial.” As a result, systemic abuse stays hidden, police brutality allowed to persist with impunity.

Despite Congress passing the 1994 Police Accountability Act, incorporated into the 1994 Violent Crime Control and Law Enforcement Act to require the Attorney General to compile national data on excessive police force, Congress has consistently failed to fund it. Further, the legislation doesn’t require local police agencies to keep records or submit data to the Justice Department. Nor does it criminalize police violence and excessive force as human rights violations….. [continue reading]

— by Stephen Lendman writing for MWC News

This article was first published in July, 2010.