On George Floyd

Someone who knew I had worked 20 years in one form of law enforcement or another asked me what I thought about the riots in Minneapolis. I didn’t answer, because I was wondering what answer he expected or wanted from me. I guess I should have been happy he asked, rather than assuming I was already in agreement with his take on it.

MY take on it is: It’s about goddamn time.

About time people start actively calling out the bullshit that everyone’s known about but most ignore because it doesn’t directly affect them. It’s tragic that it took a blatant, flagrant crime*- that, to paraphrase a quote from my case law books, “so shocked the conscience” ** of the public that it could not be ignored no matter your privilege- to bring this widespread outpouring of frustration about.

What? I’m not taking the cop’s side in this, even though I once was part of the Thin Blue Line?

No. Fuck no. Even though I was one of those people privileged enough to not notice how bad things were getting because I was in the middle of it. But then you get out, and turn around and see the forest that you couldn’t see around the trees… and notice it’s gotten drastically thicker and taller and wonder, as I feel my stomach sink, how I never noticed it before.

THAT’S a whole ‘nother essay or three.

There is no doubt that society’s impression of the profession of law enforcement is irreparably damaged. And the only way for it to be repaired is to finally stop paying lip service to the Code of Ethics every cop learned in the academy and actually enforce it. The one I learned- had to memorize and analyze, in fact- was right up in the front of the Peace Officer Reference Text, in the chapter on Ethics and Professionalism (right after the Constitution; remember the 14th Amendment, fellas?):

“As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard lives and property, to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence and disorder; and to respect the Constitutional rights of all men to liberty, equality, and justice.

“I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

“I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

“I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve those objectives and ideals, dedicating myself before God to my chosen profession…law enforcement.”

This is what “tarnishing the badge” means, former officer Chauvin. Law Enforcement has been tarnishing it for decades, but now I think the stain is well and truly set.

You may have noticed a lot of wiggle room in that Code of Ethics… While the intent seems straightforward enough, it’s this wiggle room that’s partly responsible for the rot that consumes any attempt to to create a truly ethical police force; and the reason such a simple concept as the Use of Deadly Force- Deadly force may ONLY be used to stop a forcible felony or prevent the death of or great bodily injury to the officer or third party- becomes perverted to whatever you can get away with; good luck! The deck is stacked in your favor, Officer!

…but that’s an essay for another time.

*…and don’t tell me it wasn’t a blatant, flagrant crime. I was a Use of Force and Use of Deadly Force instructor and the film is pretty damn clear on what happened. The officer had his knee on the side of Floyd’s neck, flat on the ground. It’s clear from his body positioning that he has most of his weight on that knee. Unless Minneapolis just puts them on the street from day 1 with no academy, he knew that was extremely dangerous, and it wouldn’t have taken 8 minutes to come to that conclusion. Not to fucking mention COMPLETELY UNNECESSARY AND EXCESSIVE as Floyd was secured.

**That quote, BTW, is from Rochin v. California in 1952; in which the Supreme Court of California decided that forcing a tube down a man’s throat and forcing him to vomit up the contraband he just swallowed was such a shitty thing to do that maybe that evidence outta be thrown out, dontcha think? Only took two appeals before they found some judges that thought that this may be, well, a little shocking.