Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

From a Former Policeman: 3 Ways To Responsibly Fix What’s Wrong With Policing
The Federalist ^ | 07/06/2020 | Daniel Garza

Posted on 07/06/2020 7:42:41 AM PDT by SeekAndFind

As a former policeman, I know America’s law enforcement officers have hard jobs. They make tough decisions in high-pressure situations, sometimes with life and death consequences. We need to ensure they’re well trained, trustworthy, and of sound character. We also need laws and rules of conduct that encourage the best outcomes, and we can’t ask them to do the impossible. Now is the right time to re-examine whether we’re accomplishing this.

When I left field and orchard work at the age of 19, I was fortunately entrusted with helping to guarantee public safety — first as a radio dispatcher and later a police officer in Toppenish, Washington. I still carry fond memories of the camaraderie inherent in the job, the sense of achievement in solving crimes, and the satisfaction in seeing justice achieved on behalf of victims. My father and mother proudly attended the ceremony the day I graduated from the police academy.

When I first completed the academy, I rode with a training officer, observing and learning. In the first few months of police work, some of the things I saw bothered me. Patrol units were encouraged to keep a close watch on taverns frequented by Latinos, and drivers departing at closing time were stopped regularly.

On its face, that sounds like a good idea as a way to prevent drunk driving. Unfortunately, we were discouraged from keeping watch at taverns frequented mostly by white customers. As a result, Latinos were cited for driving under the influence in much higher numbers than their white counterparts. I observed as fellow officers responding to an altercation were quick to book Latino offenders, while citing and releasing white offenders — or even allowing them to “walk it off” after confessing to assault.

I genuinely admired and respected the police chief, my boss and a good man who recognized the value of adding an officer who could improve outreach to the city’s growing Hispanic community. I told him it was in his power to change these inequities. I didn’t ask for tougher treatment of the public based on their skin color, nor did I ask for more lenient treatment. I requested that it be equitable.

He responded positively and made changes to the department policy manual regarding equal treatment under the law, changes that were well received by my colleagues. The situation improved when officers made a more determined effort to treat everyone impartially.

A two-tiered system of enforcement — wherein punishments disproportionately affect the less affluent — hurts communities, building resentment among the people the police are charged with protecting. The answer isn’t to eliminate law enforcement. That would guarantee lawlessness and predation of innocents. We need proper leadership to make effective change.

What does that change look like? Many ideas are being put forward, and we need policymakers to engage in an open debate that leads us to the best ones. But these three will move us in the right direction.

1. Transform police culture. Most police officers and law enforcement leaders across the country — people who risk their lives to serve and protect their communities — know that use-of-force policies must change. They are also rightly frustrated that many police union agreements protect bad actors from facing the consequences of their decisions.

2. Remove bad incentives such as civil asset forfeiture and qualified immunity, a judge-made law that prevents law enforcement officials who violate people’s constitutional rights from being held accountable for their actions. We must also reform the federal 1033 program that encourages police to treat communities like militarized combat zones rather than shared neighborhoods.

3. Eliminate unnecessary criminalization. As a society, we’ve aggressively criminalized behaviors we’d like to see less of, without considering the ramifications. We don’t even require adequate intent standards when charging and convicting people. Over the past 40 years, we’ve added 300,000 federal crimes to the enforcement burden that police officers carry, making the job far more difficult. We must enact robust federal and state overcriminalization reform.

The vast majority of the nation’s police take on this risky assignment because they are committed to keeping Americans safe, regardless of their skin color or other characteristics. They deserve laws that make sense, processes that help them succeed, and a system that allows them to focus on real threats to public safety.

Daniel Garza is the Executive Director of The LIBRE Initiative, a non-partisan, non-profit organization that advances economic freedom in the Hispanic community. Garza has more than two decades of both public and private sector experience managing media and public relations, directing corporate projects, and working at all levels of government. A former White House staffer, he resides in McAllen, TX with his wife and three children.


TOPICS: Culture/Society; News/Current Events
KEYWORDS: brutality; police; policing

1 posted on 07/06/2020 7:42:41 AM PDT by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind

For #1. ALL PUBLIC UNIONS protect their bad apples. How about banning public unions?

For #2. Police, just doing their job, will be hit with lawsuit after lawsuit to bankrupt them personally.

For #3. The police don’t CREATE the law. They enforce it. The police can’t change the law.


2 posted on 07/06/2020 7:50:24 AM PDT by 2banana (Common ground with islamic terrorists-they want to die for allah and we want to arrange the meeting)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2banana

All excellent points!

In both agencies I have worked for, and subsequently retired from (I am older than dirt now. Divorces are expensive!) , NO ONE ever suggested a race be targeted. I call BS on this.


3 posted on 07/06/2020 8:07:52 AM PDT by Glennb51
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind
A two-tiered system of enforcement — wherein punishments disproportionately affect the less affluent — hurts communities, building resentment among the people the police are charged with protecting.

Police are in those communities because the crime rates are higher and they get called there more frequently. Makes sense you would focus proactive enforcement where crime occurs most to reduce victimization.

4 posted on 07/06/2020 8:11:10 AM PDT by Yogafist
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

Ban all no knock raids. They simply don’t need to exist.
End all special protections. Really we give cops equipment and training and hold them LESS responsible, that’s just stupid.
Fire anybody that talks about the thin blue line. That’s a mentality the divides the world into cops and scum and encourages cops to be crappy to civilians.


5 posted on 07/06/2020 8:11:25 AM PDT by discostu (Like a dog being shown a card trick)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

stop allowing just anyone who passes a civil service test to be a cop

I’ve met some who are complete assholes- and there is NOTHING WORSE than an asshole with a badge.


6 posted on 07/06/2020 8:22:01 AM PDT by Mr. K (NO CONSEQUENCE OF REPEALING OBAMACARE IS WORSE THAN OBAMACARE ITSELF)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

“We need to ensure they’re well trained, trustworthy, and of sound character. “

All very good points.

Also, if ANY cop uses the term “Civilian” when speaking about people in the community, FIRE them too.

“Peace Officer” & “Citizen” should be used.
For the only VERY FEW non-citizens that should be allowed at any one time, sorry about it, but become a citizen when your time is ready, or GTFO!


7 posted on 07/06/2020 8:23:31 AM PDT by Macoozie (Handcuffs and Orange Jumpsuits)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Macoozie

RE: “We need to ensure they’re well trained, trustworthy, and of sound character. “

My suggestion -— if a police officer has had 3 or more justified civilian complaint filed against him, he should be taken out of patrolling and sent back to training school.


8 posted on 07/06/2020 8:25:33 AM PDT by SeekAndFind
[ Post Reply | Private Reply | To 7 | View Replies]

To: SeekAndFind

1) transform police culture. This one is really bull___t

If anything as a police officer other cultures cause most of the problems, lack of fathers, permissive matriarchal homes, drug culture etc.
1) should be, transform ghetto and racial cultures.

2)Remove civil asset forfeiture and qualified immunity.
Once again bull___t.
Why would anyone do a job where you are sent to violent encounters and you are just a citizen getting involved and can be personally sued just for showing up.

3) Eliminate unnecessary criminalization.

3 is biggest bull___t of all.
Police Officers go by a criminal code, weather its a City Code , Count Code or State but all come under the U.S. Constitution and all Laws are regulated by the courts.

Dump laws that your activists don’t agree with or you feel are targeting minorities and you just legitimatize crime in areas hardest hit by crime.

This guy isn’t a cop he’s just another social justice hire that joined a P.D. to “advance economic freedom in the Hispanic community.” as he tells it.


9 posted on 07/06/2020 8:26:43 AM PDT by VicVanleeuwenhoek
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2banana

Yup, public unions must be outlawed.


10 posted on 07/06/2020 8:27:02 AM PDT by Gene Eric ( Don't be a statist!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: 2banana

In addition to what you have stated, I believe cops need regulars beats outside of the cars when possible. They need to know the people on their beats and vice-versa.


11 posted on 07/06/2020 8:41:05 AM PDT by yuleeyahoo (The nation which can prefer disgrace to danger is prepared for a master and deservesrouone. Hamilton)
[ Post Reply | Private Reply | To 2 | View Replies]

To: 2banana

“For #3. The police don’t CREATE the law. They enforce it. The police can’t change the law.”

They don’t have to enforce bad laws.


12 posted on 07/06/2020 9:00:43 AM PDT by Bonemaker (invictus maneo)
[ Post Reply | Private Reply | To 2 | View Replies]

To: 2banana

Solution for #2: End (or limit) qualified immunity, but also institute loser pays for civil suits against peace officers. If the plaintiff in a civil suit must pay for the defense costs of the defendant, only the most egregious cases will be litigated. Most plaintiffs are unable to pay their own legal fees up front and rely on some contingency-fee arrangement with their attorney. If the defendant’s attorney not only faced the risk of zero compensation in the event that the case went to trial and lost, but also the cost of the defendant’s legal fees, only the strongest of cases would be undertaken.


13 posted on 07/06/2020 9:26:06 AM PDT by Skepolitic
[ Post Reply | Private Reply | To 2 | View Replies]

To: VicVanleeuwenhoek

#1 isn’t all bullshit....the “warrior cop” ethos is a huge detriment and is key to building the “us versus them” mentality a lot of police officers have adopted over recent years.


14 posted on 07/06/2020 9:40:21 AM PDT by txeagle
[ Post Reply | Private Reply | To 9 | View Replies]

To: VicVanleeuwenhoek
Why would anyone do a job where you are sent to violent encounters and you are just a citizen getting involved and can be personally sued just for showing up.

This is what liability insurance and vest cameras are for. Get enough judgements against you and you become uninsurable, so you find some other job to do, like physicians who have multiple judgements against them. They become uninsurable. Why should police be any different?

15 posted on 07/06/2020 10:34:02 AM PDT by bkopto
[ Post Reply | Private Reply | To 9 | View Replies]

To: VicVanleeuwenhoek
1) transform police culture. This one is really bull___t
If anything as a police officer other cultures cause most of the problems, lack of fathers, permissive matriarchal homes, drug culture etc. 1) should be, transform ghetto and racial cultures.


Really, it's both. Part of the problem is when you go into areas with that culture, cops really see the us vs them side of it. What they really need is more community patrolling - how many cops (anywhere) can tell you the names of any of the business owners or their employees within their patrol area? How many times do you see some poor guy on the side of the highway changing his tire, then a quarter mile down the road is a cop busy looking for people going 10mph over the speed limit, instead of helping / slowing traffic for the guy on the side of the highway? It's not just the ghetto culture side - when you see a cop, is your first reaction relief that he's around, or a quick worry/mental inventory of "Is there anything I'm doing or looking like that might cause him to pull me over / check me out?"


2)Remove civil asset forfeiture and qualified immunity.
Once again bull___t.
Why would anyone do a job where you are sent to violent encounters and you are just a citizen getting involved and can be personally sued just for showing up.


I assume your entire response is about immunity, not the CAF. (Because no one except cops and liberals in charge supports that.)
That said, I do agree that some qualified immunity is necessary, but how people see it has been overblown in today's world. As it is now, qualified immunity DOESN'T APPLY when the cop/judge/etc is taking actions that clearly violate statutory or Constitutional rights. But people generally assume it means a cop is immune to getting in any kind of trouble, at all. That said, more judges for sure need to start getting spanked.


3) Eliminate unnecessary criminalization.
3 is biggest bull___t of all.
Police Officers go by a criminal code, weather its a City Code , Count Code or State but all come under the U.S. Constitution and all Laws are regulated by the courts.

Dump laws that your activists don’t agree with or you feel are targeting minorities and you just legitimatize crime in areas hardest hit by crime.


I don't think the author's entire point is what the cops can do, it's broader than that. What can society at large do to help fix these issues? Congress/State/City legislatures can get rid of many of the useless negative interactions between cops and civilians. Who cares is someone is driving 15mph over the speed limit down the interstate when there's hardly any other traffic? What Constitutional authority is there for FedGov to cause an arrest of someone carrying a bit of a plant in their pocket? If no one is hurt in any way (not just physical) by someone's actions, was it really a crime? We should be getting rid of laws that criminalize stupid stuff or things the government doesn't need to be involved in, and let the cops actually put effort into real crimes like burglaries or murders or such.




Someone somewhere in this article mentioned getting rid of no-knock raids (maybe you, maybe someone else, but I'll just put my comment in this post).

What we need to do with that is take all these military tactics out of the hands of every little cop department everywhere. Your regular city cops need to be the friendly guys on the beat, who can name half the cashiers/receptionists in their patrol area. The guys that know their town, are part of it, and take care of it. MAYBE some military-style/surplus vehicles if they're a flood-prone, rough-terrain, or similar area where those vehicle types make sense.

(And related to vehicles, quick tangent: eliminate unmarked cars except for undercover/stakeout-style stuff. Regular cops on regular beats should have bright, easy-to-see vehicles.)

ANY kind of dynamic entry team or heavy militarized response force for active shooters, hostage situations, or similar events should be under the Sheriff's office, who can call the State DPS if he needs more resources. And yes, this should be used only in very limited circumstances. Busting some dude's door to prevent him from flushing a couple ounces of weed down his toilet is NOT an acceptable use of such tactics. If you have to do that to "prevent the destruction of evidence", then it sounds to me that there really wasn't enough evidence to justify such action. Moving all of this to the Sheriff's office not only limits the use of such actions, it also places the responsibility for them on someone who is accountable to the voters. Sheriffs are elected officeholders, police chief generally are not. MAYBE a federal force trained specifically for such scenarios (like FBI's HRT)(although this would technically need a Constitutional Amendment authorizing such).
16 posted on 07/08/2020 10:26:52 AM PDT by Svartalfiar
[ Post Reply | Private Reply | To 9 | View Replies]

To: discostu
Ban all no knock raids. They simply don’t need to exist.
End all special protections. Really we give cops equipment and training and hold them LESS responsible, that’s just stupid.
Fire anybody that talks about the thin blue line. That’s a mentality the divides the world into cops and scum and encourages cops to be crappy to civilians.


See my post #16 above. You're the one my last part of it was directed to.
17 posted on 07/08/2020 10:29:45 AM PDT by Svartalfiar
[ Post Reply | Private Reply | To 5 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson