Police violence is very frequently over-determined — promoted from above and supported from below. But where it is not actually encouraged, sometimes… - Kristian Williams

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Police violence is very frequently over-determined — promoted from above and supported from below. But where it is not actually encouraged, sometimes even where individuals (officers or administrators) disapprove of it, excessive and illegal force are nevertheless nearly always condoned. Among police administrators there is the persistent and well-documented refusal to discipline violent officers; and among the cops themselves, there is the “code of silence.” Police brutality does not just happen; it is allowed to happen. It is tolerated by the police themselves, those on the street and those in command. It is tolerated by prosecutors, who seldom bring charges against violent cops, and by juries, who rarely convict. It is tolerated by the civil authorities, the mayors and the city councils, who do not use their influence to challenge police abuses. But why? The answer is simple: police brutality is tolerated because it is what people with power want. [...] It is merely the normal functioning of the institution; it is just that the apparent conflict between the law and police practices may not be so important as we tend to assume. The two may, at times, be at odds, but this is of little concern so long as the interests they serve are essentially the same. The police may violate the law, as long as they do so in the pursuit of ends that people with power generally endorse, and from which such people profit.

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About Kristian Williams

Kristian Williams (born 1974) is an author.

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We’ve been here before. In the first hours of 2009, police boarded a Bay Area Rapid Transit train, responding to a call about a fight. They detained several young men, most of them Black, among them one named Oscar Grant. As Grant was lying facedown on the platform being handcuffed, one officer, Johannes Mehserle, drew his gun, shot him in the back, and killed him. The entire incident was recorded on video from multiple angles. Several witnesses were filming with their cell phone cameras when Grant was shot; afterward, they hid the cameras from police, and then posted the footage on the internet. Within days, demonstrations were organized in Oakland, and quickly escalated into riots — beginning with an attack on a police car parked in front of the BART headquarters. More than 300 businesses and hundreds of cars were damaged in the unrest. Police responded with tear gas, rubber bullets, an armored personnel carrier and more than a hundred arrests, but demonstrations continued for weeks. A year later, Mehserle was tried and convicted, but of manslaughter rather than murder. Rioting resumed. Damages were estimated at $750,000. While clearly a limited victory, the Mehserle verdict remains remarkable. Looking back over the fifteen previous years, the San Francisco Chronicle could find only six cases in which police were charged for on-duty shootings, and none of the thirteen officers involved were convicted. "If there’s one lesson to take from this," a participant in the unrest was later to conclude, "it’s that the only reason Mehserle was arrested is because people tore up the city. It was the riot — and the threat of future riots."

When the police enforce the law, they do so unevenly, in ways that give disproportionate attention to the activities of poor people, people of color, and others near the bottom of the social pyramid. And when the police violate the law, these same people are their most frequent victims. This is a coincidence too large to overlook. If we put aside, for the moment, all questions of legality, it must become quite clear that the object of police attention, and the target of police violence, is overwhelmingly that portion of the population that lacks real power. And this is precisely the point: police activities, legal or illegal, violent or nonviolent, tend to keep the people who currently stand at the bottom of the social hierarchy in their “place,” where they “belong” — at the bottom. Put differently, we might say that the police act to defend the interests and standing of those with power—those at the top. So long as they serve in this role, they are likely to be given a free hand in pursuing these ends and a great deal of leeway in pursuing other ends that they identify for themselves. The laws may say otherwise, but laws can be ignored.

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Violence is an inherent part of policing. The police represent the most direct means by which the state imposes its will on the citizenry. When persuasion, indoctrination, moral pressure and incentive measures all fail — there are the police. In the field of social control, police are specialists in violence. They are armed, trained and authorized to use force. With varying degrees of subtlety, this colors their every action. Like the possibility of arrest, the threat of violence is implicit in every police encounter. Violence, as well as the law, is what they represent. Despite the official insistence to the contrary, it is clear that police organizations, as well as individual officers, hold a large share of the responsibility for the prevalence of police brutality. Police agencies are organizationally complex, and brutality may be promoted or accommodated within any (or all) of its various dimensions. Both formal and informal aspects of an organization can help create a climate in which unnecessary violence is tolerated, or even encouraged. Among the formal aspects contributing to violence are the organization’s official policies, its identified priorities, the training it offers its personnel, its allocation of resources, and its system of promotions, awards, and other incentives. When these aspects of an organization encourage violence — whether or not they do so intentionally, or even consciously — we can speak of brutality being promoted “from above.” This understanding has been well applied to the regimes of certain openly thuggish leaders —Bull Connor, Richard Daley, Frank Rizzo, Daryl Gates, Rudolph Giuliani, Joe Arpaio (to name just a few) — but it need not be so overt to have the same effect. On the other hand, when police culture and occupational norms support the use of unnecessary violence, we can describe brutality as being supported “from below.” Such informal conditions are a bit harder to pin down, but they certainly have their consequences. We may count among their elements insularity, indifference to the problem of brutality, generalized suspicion, and the intense demand for personal respect. One of the first sociologists to study the problem of police violence, William Westley, described these as “basic occupational values,” more important than any other determinant of police behavior.

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