police misconduct

Disciplinary Court Recommends Termination for Officer in Garner Case

Today, in the disciplinary case against New York City police officer Daniel Pantaleo, an administrative judge found him guilty on one of two counts relating to the death of Eric Garner in 2014. He was found guilty of using a chokehold that was banned by the NYPD at the time of the incident, but he was acquitted of intentionally obstructing Garner’s airway in the process. The verdict came with a recommendation that Pantaleo, who has been working administrative detail during the investigative processes, should be fired.

Policing in America: Understanding Public Attitudes Toward the Police. Results from a National Survey

77% Say On-Duty Police Shouldn’t Swear at People

Nearly 20% of Americans report a police officer having used profanity with them. Yet, an overwhelming majority—77%—of Americans say police should be prohibited from using profanity or swearing at citizens while on the job. Twenty-three percent (23%) say police ought to be allowed to swear at citizens while on duty, according to a newly released Cato Institute/YouGov survey.

Find the full public opinion report here.

Opposition to police profanity reaches rare bi-partisan consensus—77% of Democrats and 75% of Republicans agree that police shouldn’t swear at people. Americans of virtually every demographic group identified strongly oppose allowing police use such language, including 77% of whites, 82% of blacks, and 72% of Latinos.

Why might police profanity matter? First, police image matters, and profanity could make police appear unprofessional, undisciplined, or “lacking self-control” as one research subject put it. Research experiments have shown that police using profanity are perceived as less fair and impartial. Further, police using profanity at the same time as using physical force with a person may cause people to view the force as excessive.  Given that personal encounters with police may be the strongest driver of attitudes toward law enforcement, one bad experience with police profanity may significantly harm a person’s willingness to trust and cooperate with police.

Second, some have argued that officers using profanity can “set someone off” and unnecessarily escalate confrontations with people leading to more force being used than was otherwise needed. Third, some contend police using such language can harm officers during court proceedings by appearing less sympathetic in front of the judge and jury.

Federal Judge Curtails Right to Record Police

In a confounding ruling that breaks with a general consensus among federal courts, federal District Court Judge Mark Kearney of the Eastern District of Pennsylvania has ruled that recording police officers is not protected by the 1st Amendment unless the recorders are making an effort to “challenge or criticize” the police.  On Judge Kearney’s logic, standing silently and recording the police is not sufficiently expressive to warrant 1st Amendment protection.

Police Misconduct — The Worst Case in December

Over at Cato’s Police Misconduct web site, we have identified the worst case for the month of December.  It involved the shooting of a man in Paradise, California.

According to news reports, here’s what happened:  Andrew Thomas was seen leaving the parking lot of a bar and his vehicle didn’t have its lights on – even though it was late at night.  Officer Patrick Feaster suspected the driver (Thomas) might be intoxicated and so pursued Thomas to pull him over and investigate further.

No problem so far.  We want police to be alert for impaired drivers who may endanger other people.

Next, Thomas did not pull over after Feaster was behind him with his police lights flashing.

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