The Courage of Bystanders Who Press "Record"
HughPickens.com writes Robinson Meyer writes in The Atlantic that in the past year, after the killings of Michael Brown and Tamir Rice, many police departments and police reformists have agreed on the necessity of police-worn body cameras. But the most powerful cameras aren't those on officer's bodies but those wielded by bystanders. We don't yet know who shot videos of officer Michael T. Slager shooting Walter Scott eight times as he runs away but "unknown cameramen and women lived out high democratic ideals: They watched a cop kill someone, shoot recklessly at someone running away, and they kept the camera trained on the cop," writes Robinson. "They were there, on an ordinary, hazy Saturday morning, and they chose to be courageous. They bore witness, at unknown risk to themselves."
"We have been talking about police brutality for years. And now, because of videos, we are seeing just how systemic and widespread it is," tweeted Deray McKesson, an activist in Ferguson, after the videos emerged Tuesday night. "The videos over the past seven months have empowered us to ask deeper questions, to push more forcefully in confronting the system." The process of ascertaining the truth of the world has to start somewhere. A video is one more assertion made about what is real concludes Robinson. "Today, through some unknown hero's stubborn internal choice to witness instead of flee, to press record and to watch something terrible unfold, we have one more such assertion of reality."
"We have been talking about police brutality for years. And now, because of videos, we are seeing just how systemic and widespread it is," tweeted Deray McKesson, an activist in Ferguson, after the videos emerged Tuesday night. "The videos over the past seven months have empowered us to ask deeper questions, to push more forcefully in confronting the system." The process of ascertaining the truth of the world has to start somewhere. A video is one more assertion made about what is real concludes Robinson. "Today, through some unknown hero's stubborn internal choice to witness instead of flee, to press record and to watch something terrible unfold, we have one more such assertion of reality."
I know what the groupthink around here is, but "...now, because of videos, we are seeing just how systemic and widespread it is" is an expression of a preconceived notion, not a valid inference from data.
Quis custodiet ipsos custodes? - Who will guard (watch) the guardians? Now we know - us!
"Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
I follow Photography Is Not A Crime on G+, and boy is it ever chilling. If you feel like you need more of that cold feeling in your belly, just follow those guys.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
So, a cop who recklessly shoots 8 times (and hits 5 times - where could those extra bullets have ended up) and then walks back and picks up his taser that he dropped and plants it beside the dead guy, then radios in that he had to shoot the guy because the guy had his taser, isn't a threat?
"Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
IMHO in this case it is. The person with the gun probably does not agree with you filming them.
These people appear to have only little better moral code than your average bank robber. Thus when you film them you are kinda heroic.
I don't consider them to be cops by the way. The badge does not make the cop. A good cop makes the badge worth more than it's scrap metal price.
Well, I might have a way, but it only works on a semi spherical planet in a vacuum.
and unfortunately that requires police with guns and military gear now due to the influence of the NRA.
In the U.S., the police have always needed guns (at least to some degree). I am not sure how the influence of the NRA can be held responsible for the police "needing" military gear, considering that police began using military gear as laws restricting gun ownership increased. It is worth noting that when it was legal for the common citizen to own automatic firearms, the police were perfectly satisfied to be armed with civilian weaponry.
The truth is that all men having power ought to be mistrusted. James Madison
That video confirms my unvoiced preconceptions about your country. They may not remain unvoiced now.
It is good to see people recording events like this. Whether that is from bravery, curiosity or prurience does not matter. The watchers are now being watched.
I'll see your Constitution and raise you a Queen.
It doesn't matter what the majority do. It matters what the police officer in front of you is doing.
Gunning down a person who is running away from them means they are a high-risk to your self, especially if you're filming, especially if you're providing evidence against them, especially if they could perceive you as a threat.
I have absolutely no fear of police in my country. The average man on the street is infinitely more dangerous to me. I have never had a run-in with police that wasn't amicable, friendly, and a few ended in laughter on both sides - even when I could see their reasoning and could be a risk to them. I've never had cause to be arrested. I've only ever seen weapons on the only armed officers I've ever seen in the UK, who work in airports. Those officers scare me and I stay away from them out of some kind of natural self-preservation. I don't have any reason to be a threat to them, but what they perceive as a threat may differ from my intention. I've never spoken to one. I don't find them approachable. I would not ask them directions, or joke, or even greet them as I would an ordinary police officer.
But to film a police officer of any type (armed or not)? That puts me into their scope (sometimes quite literally in the US!). Though in doing that I'm morally sound, it's also adding tension to the situation and if the guy I'm filming *is* corrupt, murderous, etc. or just having a bad day or thinks he saw me have something else in my hands, then that's my reputation/life at risk too. UK people have had their cameras confiscated and even evidence destroyed in the past (the chief police officer did put out a clarification to all their officers that they are NOT allowed to do that, but that just scares me more - they should already know that they are NOT allowd to do that).
I'm not saying I'd film, or wouldn't do it, but it still needs to be recognised as a risk to the person doing it, whatever the situation, and however good the majority of police are.
And, I'm sorry, I would have to think before I did something like film a police officer deliberately, or ask for their number (which identifies them and which they are required to give on demand and which generally means you intend to report them). I'd probably still do it, out of a sense of moral judgement, but millions of people would not. It's not as simple as it being safe in a "safe" country, and the UK where I live is much safer than the US when it comes to dealing with police.
How can you say he's not in direct danger after he filmed a cop kill someone in cold blood? Think of it, the cop's story of having to shoot would have sounded a lot better if he had to fend off two assailants!
When you live in a culture where police brutality is a thing;
When you live in a culture where merely taking notice of the police is a revolutionary act;
When you live in a culture where turning a blind eye to those in need is the norm;
When you live in a culture where merely questioning the state can lead to arrest;
When you live in a culture where an officer can shoot someone in the back while running away and get off scot-free;
When you live in a culture where an officer can shoot small children without notice;
When you put your own ass and assets on the line to take notice, holding a camera and recording video is indeed a brave act. The person holding the camera is a hero.
Agreed. GP is incorrect - it's not illegal to record police. Yet, anyway...
The police do often act as if it is, though. Not under a specific "illegal to record the police" statute, but making bullshit use of other laws, e.g. "interfering with a crime scene". At the very least they can often stop the filming and arrest someone, even if the charges don't stick.
10 PRINT CHR$(205.5+RND(1)); : GOTO 10
"Stop means stop and get on the damn ground."
Does it? That's a pretty implicit assumption at the end you have there.
And, sorry, but people run from police EVERY SINGLE DAY OF THE YEAR. Probably thousands of times. Running away is not EVER justification to shoot. The police are the ones who should know that the best. He might be running away because his rival gang member just appeared behind you and you haven't seen him. He might be running away because you threatened him. For all we know, the guy might have asked for his name and badge number and the officer refused to provide, shot him with a taser and then the guy was trying to escape from what someone he may have had genuine cause to believe was just trying to kill him by PRETENDING to be a cop.
Running "towards" something/someone, possibly. But running away, no. You give chase, you don't shoot.
There's a reason that police procedure manuals are HUGE. And why you can get out of actual crimes just by being arrested in an incorrect manner. Because at those critical points you play by the book because you cannot take account of every situation.
And I'm pretty sure that pulling your gun, firing indiscriminately (8 shots is overkill, and at least 2 went out into the ether where they could have harmed the public), etc. is pretty low down on the list of procedures you are expected to follow as a police officer.
Stop being presumptive. I, as much as anyone, agree that stop means stop and *I* would stop - because I think it's a police officer and they asked me to stop. But there are a billion unknowns and there are also factors which easily affect even the simplest assumption that just because someone yells stop you should stop.
If you're a police officer, the vast majority of people you deal with every day will not be happy to see you, not want to do what you ask, and may well be hiding something. That makes it a deadly situation in which you have to be careful, but also means that you have to evaluate risks at all point.
The risk of a guy you've (allegedly) tasered who is running away? That he might get away. There's no record of violence. There's no threat to the officer. There's little threat to the public. And, as you see in the video, your colleague is just down the road anyway with a vehicle in which you can quickly recapture him.
Even drawing your gun (as an armed officer) would be subject to a disciplinary procedure in that instance in some countries. Let alone actually firing it. Let alone shooting to kill. Let along killing. Let alone all the other alleged actions and inconsistencies in statements just afterwards.
As much as you don't like it, a thug, a thief, a murderer, a rapist have pretty much the same rights as you unless a court decides otherwise. Even if the guy was wanted for murder, armed and dangerous - he was running away and had no visible firearm. He wasn't a threat until he pulled something.
Allegedly he feared having to go to jail because of outstanding alimony, and that's why he ran.
That should not warrant being shot in the back.
It's just as easy to lie with a video as it is verbally. Remember that video of the police officer pepper spraying a protester in their car? It had purposely been cut so that it didn't show the preceding altercation that justified the officer's actions.
A couple years ago I sat in on a trial of an officer who was tried and convicted despite all evidence to the contrary, simply because of people blaming police for everything. That anger and frustration is completely misplaced - if people want change then they need to research politicians and make better voting choices.
It might behoove you to watch the video in question before you start to say something as arrogantly vapid as this comparing a situation you have no link to with this video.
I don't think it is illegal to record police in the open, but that doesn't stop a lot of cops from intimidating citizens into stopping and attempting to confiscate / delete said recordings, especially if the cop did what this guy did. And if it comes to it, it takes a lot more courage to respectfully decline an intimidating request from a man in uniform holding a gun who just shot another man in the back. It didn't happen in this case, but I wonder in how many similar cases police have deleted such recordings? It seems to be standard practice for certain cops.
Our scared-shitless terrorism reactionary laws allow the police to hold anyone for 48 hours without charge. That's more than enough for many (most?) people to lose their jobs. Submit or else, citizen.
Now, we have access to independent video in a relatively small and unsystematic sample of those cases; and it turns out to differ from the official story fairly frequently.
But are these videos widespread because they exist, or because of the disparity between stories?
How can you ask if these videos are widespread when the OP is pretty much telling a few lines above that the videos represent (and I quote) "a relatively small and unsystematic sample of those cases"?
There is no reason to believe (nor data to back the belief) that people are filming only when a cop shots/hurts someone just upload them when the cop is in the wrong (and not uploading them the cop is in the right.)
So, without evidence that filming folks are displaying such a bias, then we have to consider the films as a really good random sample (of a small size, but it still random) out of a larger population of events (police encounters ending in confrontation, officially described "justified" on average.)
So now that we take a random sample (the videos), and we see that the expected properties ("justified on average") doesn't hold, then we have to re-examine the basic premise (that "justified" might not hold as common as it is officially trumpeted.)
Obviously, more evidence, more films (larger, more representative samples) are needed. But that doesn't deny the troublesome picture these films portray.
And to be honest, we all know this shit has been going on forever. We just like to pretend this shit doesn't happen, that them folk got it coming, and that the entire American experience is (and was) a mix of The Andy Griffith Show, Leave It To Beaver and Lassie.
It takes a couple of death people caught on film to get that shit of a notion a second look, doesn't it. That speaks volumes about a society's infinite capacity of self-deception.
Are there videos that show justified shootings that don't make national news because there's no story other than "cop defends life of self and/or others"?
Are you trying to prove a negative?
And if they don't arrest someone, they can threaten the person with arrest for "crimes" unless they erase the photos/video. Which, of course, makes no sense because either:
1) The person actually did commit a crime in which case the photos/video is evidence and forcing them to delete it is destruction of evidence.
or
2) The person didn't commit a crime in which case, there's no reason to delete the photos/video beyond "police office finds them inconvenient" (which, obviously, isn't a legal reason for forced deletion).
Unless the person is actively interfering with an arrest (e.g. getting between the officer and the suspect to get some shots of the officer's face), the police have no grounds to interfere with someone photographing or videoing them. And no matter what (EVEN if the person is interfering with an arrest), the officer has no right to force someone to delete the photos/videos they took.
My sci-fi novel, Ghost Thief, is now available from Amazon.com.
Holding a camera and recording video while in no direct danger does not make someone a hero.
If the video you are recording is a murder, and your video will have a direct impact upon the murder's ability to get away with the crime, it most certainly does make you a hero. If the cop had noticed, he could easily have made it two killings, "accidentally" smashed the phone, and got away with both. Afterwards, the videographer's got a murderer and an unknown amount of his buddies pissed off at him. And these are people skilled in investigation with the full power and resources of the state behind them. They WILL find out who he is and where he lives.
I had a relative who reported a cop for assault once. For her troubles, she got to suffer months of pointless traffic stops, parking tickets, and car vandalism. If a murder was involved...I don't know that I'd want to expose my family to what could happen.
This person was either amazingly brave or amazingly stupid.
That has never stopped police from abusing people, destroying or taking public property and arresting people (who then "resist arrest" to ensure that the police officer had a "reason" to arrest them....).
To stand up for what's right does make that person a "Hero".
And come full-circle.
It works elsewhere just as you describe.
UK police still have "truncheons" (batons/night-sticks). In the 90's they abandoned use of US-style batons as they were too heavy and unwieldy. They do not carry guns at all. There are specialist units akin to calling in a SWAT team, etc. but ordinary police don't carry guns.
This is the problem - if you've never been given something, you don't miss it. The second it's "standard-issue" you'll never be able to prize it out of their hands again.
Our scared-shitless terrorism reactionary laws allow the police to hold anyone for 48 hours without charge. That's more than enough for many (most?) people to lose their jobs. Submit or else, citizen.
This is a good point. They don't have to convict you to screw up your life.
"What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
Because someone (presumably the lawyer) gave a copy of it to the New York Times.
Prior to the video, the media was spinning the situation as a case of self-defense by a military veteran police officer against a ten-time convicted criminal. Never mind that he served in the Coast Guard and that the victim hadn't been convicted of anything violent since 1987. After the video, no one can deny that that account is quite incorrect. Moreover, the video makes it clear that evidence was planted (the officer can be seen picking up what we assume is his Tazer and then dropping it next to the victim), that he lied on the police report (he claimed that CPR was administered; it wasn't), and that his partner was in on all of it (his partner is standing next to him as he plants the evidence).
There's this thing called the "court of public opinion", and the lawyer probably recognized that it was important to get ahead of the issue, stop the spin the media was putting on it, and put national public pressure on the police and DA to deal with this correctly, otherwise it would have turned into another nameless guy getting killed in self-defense by the police. Instead, they now have a real chance at winning their case against the officer.
If a man with a gun tells you not to video something, requests you to erase a recording or confiscates your phone, really what are you going to do about it? Doesn't matter what the law says until after the fact.
the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff
The most important app that you folks could make is one that just launching it, begins recording audio and video (along with GPS info) which is real-time streamed to the encrypted file storage holder of your choice (ACLU, EFF, Glen Greenwald, Anonymous, a BitTorrent service, etc.). It would also have local storage for later auto-upload if not a good enough signal at the time and gives the goons a false sense of security upon deleting / wiping / crushing the device. But the kicker is: neither those recording it, nor the device itself, will have the ability to delete the uploaded record.
NOTHING justifies shooting an unarmed fleeing man in the back when he's already 10 yards away.
Certainly it was NOT warranted in this case given the victim's background and the given circumstances.
However it is legal and justifiable when the person is a fleeing violent felon and there is an immediate and likely threat of death or severe bodily injury to others. Again, that was NOT the situation for this victim, but your absolute claim of "nothing" is entirely mistaken. Consider the Boston bomber, after the bombing, after shooting the cop, if he had been unarmed and attempting to flee shooting him would have been entirely justifiable and legal. Now that is an extreme example from the other end of the spectrum but it should make the point.
In an interview with MSNBC’s All In With Chris Hayes, witness Feidin Santana elaborated on his experience and the emotions he felt during and after it.
“I won’t deny that I knew the magnitude of this, and I even thought about erasing the video. I felt that my life, with this information, might be in danger,” said Santana. “I thought about erasing the video and just getting out of the community, you know Charleston, and living some place elseI knew the cop didn’t do the right thing.”
Santana says the police officer definitely saw him, and that he kept filming “so he can feel that someone is there.”
Santana told the New York Times he contacted the family of shooting victim Walter Scott and told them he had the video, but he wanted to wait and see if officer Michael Slager was going to tell the truth first. When that didn’t happen, he turned the video over:
Mr. Scott and Mr. Santana made a gentleman’s agreement after viewing the video on Sunday. They would wait another day to see if there was any need to release it: If the police stuck to the struggling-for-the-Taser story, then Mr. Santana would give the video to the family, despite his trepidation that the officer would come after him.
“I had to hold my breath and let him go,” Mr. Scott said.
By Sunday night, the family had made contact with an Atlanta lawyer who was experienced in cases involving police misconduct. The lawyer, L. Chris Stewart, got in his car and drove five hours to Charleston, arriving after 2 a.m.
On Monday, the statements from the Police Department had not changed. “It was obvious that we didn’t even have to ask him for it,” Mr. Scott said. “He was still hesitant, but he gave it to us.”
http://www.deathandtaxesmag.co...
Speaking of Texas, a bill has just been introduced there (HB 2918) that prohibits filming the police within a radius of 25 feet, unless the person filming is a member of the "news media"- defined as an employee of 1) a newspaper that publishes at least once a week, 2) a magazine that publishes on a regular interval, or 3) a TV or radio station that is licensed by the FCC. Filming the incident yourself and forwarding the video to a newspaper, magazine, or TV station would make you guilty of a Class B misdemeanor, punishable by a 180 day jail term and a $2000 fine.
"Two-party consent" in Illinois
Decision in People v. Clark (PDF)