Tag Archives: accountability

Police should wear body cameras to protect themselves when they’re accused of wrongdoing

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President Obama has just proposed $263 million for police body cameras in an effort to improve police relations in the communities they serve. My co-contributor at United Liberty Matthew Hurtt argues that this is an overreaction and cautions that this is “further federalizing local law enforcement.” To this, I have to respectfully disagree.

The federal government has already “federalized” local police if by federalization he means providing military grade toys at a discount. I don’t quite understand how providing tools which can actually protect the public such as body cameras “further” federalizes the police. As long as these departments receive these toys, the public damn well has the right to review in HD quality video and audio how these toys are being used (along with the normal police activities).

The following post was originally published on 8/18/2014 @ United Liberty

 

It sems that there is at least one area of agreement (with caveats) between some in law enforcement and some civil libertarians: cops should wear body cameras. The how, when, and where is still a question for all concerned but at least there seems to be some agreement on the broad outlines.

PoliceOne.com‘s editor-in-chief Doug Wyllie argues that police departments should embrace the idea of body mounted cameras on almost every police officer. Wyllie writes:

In the week following the officer-involved shooting in Ferguson (Mo.), many have asked me for a comment and/or my commentary on the matter. My reply has generally been, “What, precisely, might that comment be? We know very little detail regarding the incident itself, so any ‘analysis’ on my part would be tantamount to irresponsible speculation. Further, analysis of the rioting and looting (and police response to same) would be redundant — we’ve got reams of columns on crowd control tactics and strategies.”

One thing, however, merits mention in this space. It’s directly related to the first thought that came to my mind when news of this tragedy broke: “Man, I hope that officer was wearing a body camera.”

By now, we can correctly surmise that he was not, and it’s a reasonable contention that if he had been wearing a body camera — and that video was examined by agency leadership and released responsibly to the public — Ferguson would probably have been spared the violence and unrest.

Wyllie anticipated that there would be some cops, departments, and PoliceOne members who would disagree with this notion. From there he offered 3 reasons why the upsides outweigh the downsides:

1. Officers’ fears about “Big Brother” are crushed by good, sound policy collaboratively created by all stakeholders — administrators, police unions, civil rights groups, local lawmakers, and others. Citizens’ fears about Fourth Amendment issues — for victims, witnesses, and other uninvolved persons — are similarly crushed by that same policy.

I must interject here. We have street cameras on just about every major intersection in every major city in America. If its good enough to place you and I under constant surveillance, its good enough for the police. The police should also be reminded that they do indeed work for us. Any time the police are on duty and in public, there is a chance that they are being watched by the public. They do not have a right to privacy when they interact with the pubic. This is especially true when the actions of the police have the potential to take freedom or life away from individuals concerned.

Wyllie continues with his other 2 points:

2. Concerns over budgeting for the investment in new gear (and training for same) are quelled by the statistical data suggesting that the outlay in cash is far less than the cost of settling frivolous (and baseless) lawsuits over alleged officer misconduct when no such misconduct occurred.

3. Any argument alleging that “the technology just isn’t there yet” is flat out false. Five years ago, such a statement may have held some water, but companies like TASER International, Digital Ally, L-3 Mobile Vision, and VIEVU now offer rugged, patrol-ready products with high-definition recording capabilities in light, wearable form factors.

Doug Wyllie sees the writing on the wall; he points out that the White House petition for the “Mike Brown Law” which says “all state, county, and local police [should be required] to wear a camera” already passed 100k signatures. Wyllie is probably correct arguing that there would be fewer misconduct lawsuits with the cameras. One PoliceOne member added:

Personally I look forward to being able to show the jury exactly what the POS I arrested was doing, saying and what he looked like when I arrested him; rather than the cleaned up chap in a borrowed suit that the defense brought to court.

I think its also fair to say that cops would be discouraged from being involved with any misconduct in the first place. If we lived in a world where everyone involved in a police encounter is being recorded, everyone involved has every reason to be on his or her best behavior.

Another posted:

I’m all for body cameras. Yet, when they go against what people want them to say, it will be: “The police fixed the cameras.”

To this concern I have two answers. First the technology is already available to determine if a video has been tampered with. If the video shows the video at the 5:07:29 minute mark and then it suddenly skips to the 8:10:12 minute mark, most people are going to understand that there is some missing footage. The second answer is to policy of how, when, and where body cameras will be used.

Will cameras solve all questions of misconduct? Of course not. Cameras certainly have their limitations. But having a video of an event presented to a jury is certainly better than relying solely on conflicting eyewitness testimony.

Point of clarification: One person who commented on the Face Book link mentioned “And audio might be nice.” I assumed Doug Wyllie meant that audio should be part of the video recording as well. After re-reading his article, I realize that he never mentioned anything about audio. Perhaps this too will become a very important part of the debate. It’s my position that audio should be included. Video alone might be helpful in very clear cut cases but distort the meaning of what the viewer sees in other cases.

Community Conservatism – Government Accountability and Service

thedmvhell

Restoring Faith in Public Institutions

One effect of the Obama administration that many conservatives think is, somehow, positive, has been the massive deterioration in public trust in government. Liberty-minded folks have variously argued that the millennial generation has no faith at all in government and that this makes them budding allies against liberalism. We would argue that millennial voters now attempting to enter the middle class all seem to want badly to believe that government can work and that Democrats are better at garnering their votes by promising that the latest wave will be the ones to restore that trust. We believe that being conservative is not the same as being anti-government, and that we need to seize upon this opportunity to convince a frustrated generation of Americans that conservatives can govern, that government can be a positive force if properly restrained, and that we can make the system work. Accountability and an end to cronyism are the keys.

A) Abolish Federal Employee Unions

Franklin D. Roosevelt – the granddaddy of all classical US progressives – believed that it was wrong to allow federal employees to unionize, because it represented a fundamental conflict of interest when they bargain with the same people for their benefits that they use union funds to elect. One of the major sources of “good-pole-boys” cronyism in Washington is the persistent political power of federal employee unions. Many of the same people lobbying Congress to enact the Affordable Care Act, for example, were members of the union for IRS employees. Federal employees should not be shielded from the realities of the policies enacted by Washington, and they should not have collective power to exert over policies that they must enforce, by which they themselves do not live.

B) Pass the ARM Act

Don’t go looking for that acronym – I invented it (sounds strong and impressive, right?). The Annual Reporting Mandate law would require all federal agencies granted budgetary allowances to report precisely how those funds were spent to the Government Accountability Office (GAO) and would task Congress with affirming that those funds were properly disbursed in the service of the mandate of the agencies, issuing refund requirements when agency spending is not deemed appropriate. Simple, albeit time consuming, this annual review of the unelected fourth branch of government would force transparency and keep federal agencies leaner and less prone to fraud and abuse (this should include the Federal Reserve).

C) Pass ‘Unrevolve’ Legislation

No one is surprised, anymore, when someone from a government agency is fired for malfeasance of incompetence, latches on with a lobby firm, and returns a few years later, under a new administration. No one is alarmed when members of Congress lose political races and are immediately absorbed by lobbies, PACs and Wall Street, only to return to politics shortly thereafter in a new state. This phenomenon was given the term of ‘revolving door’ and ensures that no one is ever truly held accountable when they behave as political operatives within the system, breaking rules to achieve political ends, even if they are caught. Congress should act to bar people who have been by PACs, lobbying firms or other specifically politically organizations from serving as elected officials or as appointees in government agencies. The same bill should provide for the enactment of new, harsher penalties, the revocation of pensions and the lifetime barring of any government employee implicated in wrongdoing or incompetence while in service. It’s not clear that we can ever completely stop the crony wheels from spinning, but we can make it much more difficult for political operatives to avoid accountability.

D) Codify The Ryan Plan for Better Service

We’ll talk much more about containing the cost of our unfunded entitlement liabilities and securing those benefits for future generations in a later installment, but while we’re on the subject of government accountability, one of the main reasons that even the poor who are being theoretically most served by the safety net have lost faith in government is that customer service and accountability in government flat out sucks. As someone who is legally blind, I have had the misfortune to require access to the Social Security Goliath, and let me tell you – the way in which the government disseminates benefits, administers mistakes, keeps tabs on benefit recipients, and attempts to improve their standards of living is hopefully out of date, painfully bureaucratic, inaccessible and, frequently, just plain dehumanizing.

But you don’t have to be receiving SSI or retirement assistance or Medicare or veteran’s benefits to know how appallingly depressing government services are. Just take a look around your local DMV office the next time you’re updating your state ID or driver’s license. What you’ll see in any government office from the IRS to the DMV to the SSA is a collection of overworked, miserable employees using hilariously out of date computer systems, handling citizens as though they were cattle, and generally taking their frustrations out on people who need their help. It’s a bleak landscape filled with despair and dependency and no one enjoys it – not even those who claim to be perfectly happy to stay on welfare (and yes, they do exist). If conservatives would like to shed the unfair label of uncaring toward the poor, they should take steps to improve customer service while reducing the cost of that service and saving the taxpayers money. Fortunately, Paul Ryan has devoted considerable ink to discussing how he would accomplish this. The basic tenets of his plan go as follows:

• Nuke the federal workers unions (as already discussed) and allow federal and state agencies to fire employees who do not work with compassion and manners toward their charges.
• Instead of funding (at last count) 86 separate federal anti-poverty programs, many of which overlap in their missions, creating enormous redundancy and waste, while confusing the heck out of the public, block grant federal budget dollars to the states and establish achievement-based standards in the provision of such programs (in other words, judge the merit of state-run anti-poverty, affordable housing, healthcare, preventive care, and nutrition programs by how well they work, rather than by the appeal of their stated mandates), to be run by the states and scored by the Congressional Budget Office. Let the states have considerable latitude to experiment on needs-based programs, but revoke programs that fail to improve outcomes or that get horrible customer service ratings. This review is to be conducted annually.
• Rather than sending each citizen to many different offices to manage his or her benefits, establish a personal management system in which all people seeking any type of benefit consult by appointment with one social worker who oversees all of their needs – in this way, re-humanize the process and establish a relationship between the citizen in need and the resources at his or her disposal, while making interacting with the state more efficient and more frictionless for the customer. Each social worker can probably handle hundreds of recipients at a time without an overworked schedule, and without life-sucking endless waits in lines to be seen by a stressed-out bureaucrat who doesn’t know anything about your needs. This managed model has proven to be more cost-effective in private sector human resource management as well.
• Give civic non-profits and religious organizations access – don’t limit petitions for participation in new state anti-poverty programs to government bureaucrats. In this way, empower (through the provision of federal grants) the mediating “civic society” to do good works that can be tracked by the government and good ideas duplicated when they prove effective. Turn the generosity and goodwill of the people into a giant engine of creativity that stands a better chance of rescuing the poor.

This basic template should be honed into policy that can stand as a strong platform for Republicans running for office in 2016 and unite social conservatives with the poor and disaffected that they wish to help, broadening the potential voter base for the Republican Party through improved dialogue.

Final Note: I considered discussing the possibility of pushing a Constitutional amendment that would enact term limits for Congressmen, Senators and Federal Judges, since this is an idea that is growing increasingly popular as anti-incumbent sentiments rise nationally, but I believe that is a concept that has strong plusses AND strong minuses and should be more carefully considered at the state level before any action is taken.