What About Police Brutality?

police brutalityIn Minneapolis, police responded to a domestic assault, fought with the suspect, and ended up shooting him to death.  The suspect was black, the police men white.  Yesterday, the local prosecutor declined to charge the cops with any crimes.   http://www.startribune.com/No-charges-against-police-in-Jamar-Clark-shooting-death/373979481/#1

It ignited protests and yet more concern about police brutality—particularly in the black community.  The prosecutor asked for an independent investigation from outside the county.  Based on the forensic evidence developed during that investigation, he wouldn’t charge the officers who  killed the man.

I’ve worked as both a prosecutor and defense lawyer for almost 40 years.  Here are a few of my thoughts about police brutality that apply anywhere in the country in these tragic situations:

  1.  White people must acknowledge a long history of brutal and unfair treatment of black people by police.  It’s difficult to dismiss their concerns unless “you’ve walked in their shoes.”  The anger we’ve seen from this community is justified by history.  Every black man I know can tell a personal story of problems with cops.
  2. The percentage of brutal and racist cops in most police forces is small.  In my years, I’ve seen the amount of training, education, and professionalism all rise—in an effort to prevent more police brutality.  It’s working, although the media doesn’t tell us this.
  3. Starting about fifteen years ago, many police departments implemented something called, “community policing.”  The idea is to get cops out of squad cars and walk around the neighborhoods.  They purposely meet store owners, church leaders, teachers, and other people in the community—in order to build bridges.  Not only does it reduce crime, but when crimes occur the local people trust the cops and are more willing to help solve the crimes and find the perps.
  4. The media and most people don’t understand that the legal standard that applies to police is different from the standard applied to the rest of us if we were to kill someone.  If a cop kills someone, before he can be charged with murder here is the standard:

Can a prosecutor prove beyond a reasonable doubt that the officer did not act in a way that a reasonable officer would do under similar             circumstances?

This standard is the law, passed by legislatures in most states.  It’s a tough burden for a prosecutor to prove.

5.  There’s not enough space here to add facts about the positive aspects of police/community relations.  Unfortunately, what get’s media                attention and time are the problems and accusations of police brutality.  So many cops and people in the community are working hard to            improve the relations—with a success that far out-weighs the tragic incidents of police brutality.

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About Colin Nelson

Colin T. Nelson worked for 40 years as a prosecutor and criminal defense lawyer in Minneapolis. He tried everything from speeding tickets to first degree murder. His writing about the courtroom and the legal system give the reader a "back door" view of what goes on, what's funny, and what's a good story. He has also traveled extensively and includes those locations in his mysteries. Some are set in Southeast Asia, Ecuador,Peru, and South Africa. Readers get a suspenseful tale while learning about new places on the planet. Colin is married, has two adult children, and plays the saxophone in various bands.

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