Brutal verdict
Behind the acquittal of four officers is a clear indictment of standard police procedure in Giuliani's New York.
By Bruce ShapiroTopics: Crime, Rudy Giuliani, News
Shortly after an Albany jury acquitted four New York City police officers of all charges in the shooting death of unarmed immigrant, 22-year-old Amadou Diallo, Mayor Rudolph Giuliani tried, for a few minutes, to play the diplomat. He expressed “deep, heartfelt sympathy” for the Diallo family and the officers alike. “I would ask everyone in New York to reflect on the evidence and the facts,” he told a City Hall press conference. “We might be able to grow by that.”
But Giuliani’s own personal growth soon gave way to a barely-concealed sense of vindication. While 150 miles away in Albany the Rev. Al Sharpton was imploring that “not one brick or bottle be thrown,” the mayor took the occasion to lash out at “people who protest against the police, and blame them for every ill in society.”
Giuliani’s sense of vindication is premature. Far from a repudiation of the NYPD’s critics, the the criminal acquittal of those four officers — Kenneth Boss, Sean Carroll, Edward McMellon and Richard Murphy — contains, paradoxically, a far more sweeping indictment.
Here is why Mayor Giuliani should take little comfort from today’s verdicts. Central to the jury’s decision, it appears, was the testimony of police brutality expert James Fyfe, a former New York police officer, now a professor at Temple University. I’ve spoken with Fyfe often over the years. He is the most precise and acerbic critic of police brutality I know. This time, Fyfe testified — without any witness fee — in the four officers’ defense. Hours before coming down with its acquittals, the jury asked to have Fyfe’s testimony read back to them.
What Fyfe testified — simply but forcefully — is that the officers did not have a criminal intent. Rather, he said, they followed standard police procedure when they asked Diallo to halt, and when — thinking the wallet in his hand might be a gun — they fired 41 times.
And standard procedure — not premeditated brutality by rogue officers — is the real crime in Diallo’s death. Fyfe himself underscored that point the day after his testimony in the New York Times. The Diallos, he said, “were dealt a great wrong and deserve to be compensated” in a civil trial. The problem, he said, was not criminal intent but NYPD policy. Given the officers’ hairtrigger training and their highpowered 16-round weapons, Diallo’s death was “an accident waiting to happen.”
The Diallo case is a mirror image of the last celebrated police case, the trial of four Brooklyn officers in the brutalization of Abner Louima. In Brooklyn, enraged officers systematically raped and beat Louima, a suspect in their custody, and their precinct tried to cover it up.
But in the Diallo case, there was no sadism, no rage, no coverup. Instead, there was just standard operating procedure: plainclothes officers accosting a civilian who might well have mistaken them for gangbangers, firing their guns in confusion and fear at the first mistaken hint that he might be armed, hitting Diallo 19 times.
Around the country, it is not rogue officers but standard operating procedure which has turned police brutality into the civil rights issue of the decade. In that sense, Diallo’s case, not Louima’s, goes to the heart of the matter.
Studies by the U.S. Justice Department and the University of North Carolina have documented that fatal police encounters are likely to begin not with major crime but with a citizen’s casual defiance of an officer on a minor public-order matter. Take, for instance, a traffic stop, which led to the asphyxiation death of Johnny Gammage while in police custody in Pittsburgh in 1995, a case which brought the Justice Department into its most sweeping police-brutality investigation; or intoxication, the condition in which Archie Elliot of Prince George’s County, Maryland was shot 14 times in the back the same year.
Behind the standard operating procedures — and behind these deaths — is a profound debate over policing philosophy.
The plainclothes neighborhood-sweeping squad known as the Street Crimes Unit, to which Boss, Carroll, McMellon and Murphy were assigned, was established as a vehicle for Giuliani’s crime-reduction strategy — a strategy he claims is responsible for a reduction in crime so drastic that the city is now among the safest in the U.S. After being elected in November 1993, Giuliani and his new police chief William Bratton declared that no offence was too small — not begging in doorways, single-joint marijuana sales in public parks, squeegee hustles in traffic — and no offender too low-level to escape police attention.
More than a strategy, their approach has become a law-enforcement faith, variously known as zero-tolerance policing, broken-windows policing, or quality-of-life policing (depending on whether the speaker wants to appear tough, intellectual or socially concerned). It is emulated by police departments from New Orleans to London.
Diallo’s death is the dark side of the zero-tolerance movement — as are New York City’s soaring numbers of police brutality complaints and $25 million annually in out-of-court settlements in brutality cases.
In his press conference after the Diallo verdict, Giuliani inveighed against those who hold “different standards for cops.” Yet for months New York’s Civilian Complaint Review Board has been at odds with the NYPD over the small number of legitimate complaints which even rise to disciplinary hearings. It is still the NYPD, not the critics of brutality, which evades an even standard for officers’ behavior.
It’s not too much to say that Diallo’s death can be traced back to the founding document of the zero-tolerance faith, its Sermon on the Mount: a 1982 article in the Atlantic Monthly entitled “The Police and Neighborhood Safety,” written by James Q Wilson, a conservative political scientist, and George Kelling, a criminologist who had studied foot patrols in Newark.
Wilson and Kelling’s central argument was simple, centered on what they called their “broken windows” hypothesis. If a factory or office window is left broken, passers-by will conclude that no-one cares, no-one is in charge — and will soon shatter the other windows as well. Soon that decay will extend to the surrounding street, which will become menacing and hostile. Said Wilson and Kelling, it is the small, seemingly insignificant signs of disorder — graffiti, loitering by the homeless, subway fare-jumping by teenagers — which lay the groundwork for more serious street crime and social decay.
The graffiti artists and fare-jumpers themselves, getting the message that social norms will not be enforced, become likely candidates for more dangerous lawbreaking; while citizens, feeling threatened by homeless beggars and squeegee-men, withdraw from the civic arena. So police, Wilson and Kelling argued, should go back into the business of aggressive order maintenance.
With its vivid central image and its implied rejection of economic or social explanations of crime, the broken windows hypothesis proved instantly appealing to policitians like Giuilani. And it is grounded in a sensible core perception: an environment of physical safety is one important element of any civil society. Few urban dwellers have not raged against the absentee landlord down the block whose crumbling tenement shelters crack dealers in the cellar. Few have not felt some relief when a police officer quietly intervened with a deranged, intoxicated stranger.
The only problem is that on the New York streets, “order maintainence” quickly became a synonym for brutal neighborhood sweeps and generous employment of the truncheon. One of New York City’s first broken-windows success stories, for instance, the cleanup of streets around Grand Central Station, was soon discredited after large-scale beatings of the area’s homeless by a privately-employed goon squad were exposed by the press.
And as the huge gulfs in political perception opened by the Diallo case show, such zero-tolerance strategies brought another unintended consequence: vast erosion of police legitimacy. “The larger concern about zero tolerance,” warned a 1998 study commissioned by the decidedly law-and-order US Congress, “is its long-term effect on people arrested for minor offenses … The effects of an arrest experience over a minor offense may permanently lower police legitimacy, both for the arrested person and their social network of family and friends.”
Indeed, Giuliani himself gave a backhanded acknowlegement of such consequences in his press conference Friday night: “We have already had a great deal of examination regarding police procedures” as a result of Diallo’s shooting: “Relationships with communities. Reaching out to communities. Dealing with people in a more respectful way.”
Neither Guiliani’s assurances, nor the acquittal of the four officers, are likely to bridge the zero-tolerance divide which Diallo’s shooting has turned into a political chasm in New York.
On the law, the jury had it right: Those officers did not set out to kill an unarmed immigrant on the streets. But as a political matter, Al Sharpton, for all of his notorious theatricality, made the case in plain and simple language Friday night. “Any man has the right to expect the police are protecting him, not shooting at him.” The Diallo criminal trial is over, but the Diallo case will haunt the politics of zero-tolerance policing for a long time to come.
Bruce Shapiro is national correspondent for Salon News. More Bruce Shapiro.
Related Stories
More Related Stories
-
Inhofe and Coburn: Red state hypocrites
-
Teen activist to meet with Abercrombie CEO
-
Watch: Family emerges from storm shelter after tornado
-
Must-see morning clip: Barackalypse Now
-
Okla. tornado survivor reunited with dog trapped in rubble live on camera
-
Is Pope Francis an exorcist?
-
Oklahoma death count confirmed at 24, 9 children
-
Frantic parents search for children in tornado's wake
-
Crews dig through rubble after deadly tornado
-
51 killed in massive Oklahoma tornado
-
Don't cry climate-change wolf
-
Record tornado devastates Oklahoma
-
Limbaugh: No one willing to impeach the first black president
-
Tornado reduces Oklahoma City suburb to rubble
-
AP: Toll at least 37 dead in Okla. tornado
-
Entire Midwest on tornado warning
-
Oregon senator proposes appeal to Monsanto Protection Act
-
Supreme Court to rule on prayer at government meetings
-
Beltway scandal machine breaks, knows nothing about America
-
Gitmo hunger striker launches Twitter campaign
-
"Hero" cop, honored by Obama, accused of double rape
Featured Slide Shows
The week in 10 pics
close X- Share on Twitter
- Share on Facebook
- Thumbnails
- Fullscreen
- 1 of 11
- Previous
- Next
-
Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
Credit: AP/LM Otero -
Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
Credit: AP/Matt Rourke -
A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
Credit: AP/Jenny Aicher -
Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
Credit: AP/Molly Riley -
Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
Credit: AP/J. Scott Applewhite -
Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
Credit: AP/Carolyn Kaster -
O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
Credit: AP/Las Vegas Review-Journal/Jeff Scheid -
Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
Credit: AP/NASA/Chris Hadfield -
When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
Credit: AP/Jacquelyn Martin -
A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
Credit: AP/The Duluth News-Tribune/Clint Austin -
Recent Slide Shows
- Share on Twitter
- Share on Facebook
- Thumbnails
- Fullscreen
- 1 of 11
- Previous
- Next
Related Videos
Most Read
-
Horrifying new trend: Posting rapes to Facebook
Mary Elizabeth Williams
-
Revenge, ego and the corruption of Wikipedia
Andrew Leonard
-
"Jodorowsky's Dune": The sci-fi classic that never was
Andrew O'Hehir
-
We're living in an Ayn Rand economy
Paul Buchheit, AlterNet
-
My open relationship went awry
David Farley
-
Obstruction will ruin GOP
Jonathan Bernstein
-
Jaron Lanier: The Internet destroyed the middle class
Scott Timberg
-
Will you marry me -- once you're done peeing?
Tracy Clark-Flory
-
GOP attorney general candidate tried to force women to report miscarriages to police
Katie Mcdonough
-
Penn Jillette's secrets of "Celebrity Apprentice": Donald Trump is a whackjob!
Penn Jillette
Popular on Reddit
links from salon.com

942 points943 points944 points | 201 comments

41 points42 points43 points | 8 comments

37 points38 points39 points | 18 comments
From Around the Web
Presented by Scribol
- Chatter: Mile-wide tornado rips through Oklahoma
- Iraq: At least 12 dead in bombings as sectarian violence continues
- Israeli forces exchange gunfire over Israeli-Syrian border in Golan Heights
- Spanish opera protests austerity
- Catholic Church takes on reproductive rights in Philippines, risks further alienation


Comments
0 Comments