Showing posts with label Police. Show all posts
Showing posts with label Police. Show all posts

Twilight of American freedom

SUBHEAD: We have entered a new regime without justice. It’s called the American police state.

By John Whitehead on 5 June 2017 for the Rutherford Institute-
(https://www.rutherford.org/publications_resources/john_whiteheads_commentary/twilight_of_the_courts_the_elusive_search_for_justice_in_the_american_polic)


Image above: Scott Simons speaks through a bullhorn during a protest about the police shooting of Dillon Taylor in Salt Lake City, Monday, August 18, 2014. Simons is the father of Kelly Simons who was shot and killed by police in 2013. Photo by Salt Lake Tribune. From (http://www.wnd.com/2014/08/black-cop-kills-white-man-media-hide-race/).
“As nightfall does not come at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air – however slight – lest we become unwitting victims of the darkness.”—Supreme Court Justice William O. Douglas
As the U.S. Supreme Court’s ruling in County of Los Angeles vs. Mendez makes clear, Americans can no longer rely on the courts to mete out justice.

Continuing its disturbing trend of siding with police in cases of excessive use of force, a unanimous Court declared that police should not be held liable for recklessly firing 15 times into a shack where a homeless couple—Angel and Jennifer Mendez—was sleeping.

Understandably, the Mendezes were startled by the intruders, so much so that Angel was holding his BB gun, which he used to shoot rats, in defense.

Despite the fact that police barged into the Mendez’s backyard shack without a search warrant and without announcing their presence and fired 15 shots at the couple, who suffered significant injuries (Angel Mendez suffered numerous gunshot wounds, one of which required the amputation of his right leg below the knee, and his wife Jennifer was shot in the back), the Court once again gave the police a “get out of jail free” card.

Unfortunately, we’ve been traveling this dangerous road for a long time now.

In the police state being erected around us, the police and other government agents can probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts.

Whether it’s police officers breaking through people’s front doors and shooting them dead in their homes or strip searching motorists on the side of the road, these instances of abuse are continually validated by a judicial system that kowtows to virtually every police demand, no matter how unjust, no matter how in opposition to the Constitution.

These are the hallmarks of the emerging American police state: where police officers, no longer mere servants of the people entrusted with keeping the peace, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens.

While the First Amendment—which gives us a voice—is being muzzled, the Fourth Amendment—which protects us from being bullied, badgered, beaten, broken and spied on by government agents—is being disemboweled.

A review of critical court rulings over the past decade or so, including some ominous ones by the U.S. Supreme Court, reveals a startling and steady trend towards pro-police state rulings by an institution concerned more with establishing order and protecting the ruling class and government agents than with upholding the rights enshrined in the Constitution.
As I make clear in my book Battlefield America: The War on the American People, we are dealing with a nationwide epidemic of court-sanctioned police violence carried out against individuals posing little or no real threat, who are nevertheless subjected to such excessive police force as to end up maimed or killed.

When all is said and done, what these assorted court rulings add up to is a disconcerting government mindset that interprets the Constitution one way for the elite—government entities, the police, corporations and the wealthy—and uses a second measure altogether for the underclasses—that is, you and me.

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The Police Among Us

SUBHEAD: In light of recent events involving violence between police and the citizens they "serve and protect".

By Juan Wilson on 11 June 2016 for Island Breath -
(http://islandbreath.blogspot.com/2016/07/the-police-among-us.html)


Image above:The Kauai Police Department Incident Command Center is a recently acquired armored truck with sophisticated communications equipment for command and control. The men in uniform are part of the Guam Civilian Support Team being briefed on an "incident" during the multi-agency preparedness exercise at the Vidinha Stadium parking lot.  From (http://thegardenisland.com/news/local/keeping-kauai-prepared/article_03a943f0-57b4-5a01-820c-cd368a1299eb.html).

The recent horrors of violence between the police and black citizens seems to be building. Newark and Detroit burned in 1967 while the Doors song "Light my Fire" was #1 on the charts. In 1968  people were beaten outside and inside the Democratic Convention in Chicago. We are not where we were then but that is slim comfort as we look forward to nasty political conventions in Cleveland and Philadelphia this month and many more police confrontations with Black Lives Matter.

My wife and I have witnessed exemplary police work under trying circumstances, and interviewed people with horror stories to tell. We are humans. However, policies matter and training our police forces for military combat, riot control, and protecting corporations who do us real harm will only end tragically. 

In 2007-8 IslandBreath.org had a column in Garden Island News titled "Ho'okahi Kauai".  Normally the column was scheduled to appear every other Saturday in the Forum of Kauai Garden Island News editorial page. These TGI articles were derived from IslandBreath.org stories. The TGI final printed version may have varied from its source, as TGI retained the right to correct and edit the submitted articles.

The following two articles published in 2008 about the Kauai Police department policies.

We were worried at the time about alienation, isolation and militarization of the police. that trend has continued as we have been in a state of perpetual war and have had to deal with the people we put through that nightmarish process.

After the first article was published I was told by the late Adam Harjou, then editor of TGI, that if I wrote another article about the Kauai Police Department that the column would be dropped. I had not planned to do another, but I did.

Under pressure from persons in Kauai Police Department and on the Kauai Police Commission because of the views expressed in the following two columns the Island Breath column was dropped from the paper.

Such things go on.



TGI Article #30: The Police Mission
By Juan Wilson on 15 May 2008 for Island Breath -
(http://www.islandbreath.org/2008Year/20-TGI_column/0820-30KauaiPoliceMission.html)


Image above: An unarmed English Bobby. Street peace officer protecting the innocent. From original article.

The Vision Thing
" If you don't understand your mission, you're going to lose your way."
- Chief Perry, Kauai Police Department

In the May 7th issue of "Kauai People" Joan Conrow interviewed Darryl Perry, the recently appointed Chief of the Kauai Police Department (KPD). She writes:

"Perry is essentially overhauling the entire department, starting with reassessing all its policies and procedures and familiarizing employees with the KPD's mission statement..."

A Mission is based on an overarching Vision of the purpose of the enterprise. If Chief Perry is intent on a major overhaul of the KPD, we need to know his Vision and how well it conforms the current KPD Mission. It may be that both need adjustment to achieve a positive change for Kauai.

Living on an isolated tropical island does not mean we don't need police. But, we do not have to emulate the militarized police of big cities on the mainland.

Certainly, the brave men and women of the KPD are not afraid to be without a loaded gun while they sip coffee or have a plate lunch with us. Heck, we civilians are not wearing guns. I'm sure the police would get more respect and cooperation from the public if they didn't either.

Our police should be experts in mediation, and consensus building, not crowd control and counter-terrorism. I certainly don't mind us buying our finest some cool gear, just let it be stuff they can use every day to make our lives better.

Let's move the officers out of their bloated gas-guzzlers and into some sporty electric golf carts. Let's buy them bicycles - good ones. We could do with a few horse-mounted police too. I would recommend the police be equipped top-of-the-line GPS systems, smart phones, and digital recording devices. High tech – not highly lethal.

Integrity, Compassion and Aloha
In the overhaul of our police department, we should consider adding "Integrity", "Compassion" and the "Spirit of Aloha" to Mission Statement. If we take them seriously and in context, specific words do matter. In trying to better understand the mission of the KPD, I found it enlightening to do a comparison with other Hawaiian police departments.

The KPD mission statement follows the pattern of police departments of Honolulu (HPD) and Maui (MPD) with its dedication to the principles of Respect, Service and Fairness. But, I was surprised, that among the principles specified, the KPD does not include Integrity (listed first by HPD and MPD) or Compassion (listed second by MPD).

Perhaps more significantly, a review of the mission statements for all Hawaiian police departments reveals that Kauai's is the only one that does not include the ideal of "The Spirit of Aloha".

The Mission is the Message
The Big Island Police Department has the briefest Mission Statement in the state;

"The employees of the Hawaii Police Department are committed to preserving the Spirit of Aloha. We will work cooperatively with the community to enforce the laws, preserve peace, and provide a safe environment."

Perhaps I am reading too much into the KPD Mission, but I keep finding it emphasized by Chief Perry. On the homepage of the KPD website, Perry writes;

"The Kauai Police Department’s mission statement is the foundation of who we are and what we are about... On our island-home we marvel at the beauty that surrounds us and we take pride in keeping Kauai a safe and peaceful community. But we also understand that there are social issues that require law enforcement presence..."

Does this imply that beyond maintaining the peace and safety on Kauai, there is another agenda related to "social issues"? What are they? I hope it's not suppressing Hawaiian sovereignty groups; providing speculators security for unwanted development; enforcing the return of the Superferry; or protecting the pesticide spraying of GMO corporations on the westside.


Image above: LAPD SWAT training Hamilton County CA police with new equipment. From original article.

Police - Military - Business
There are trends in American society that are distorting and blending the roles of police , military and business. This role morphing has eroded our civil rights. Some obviously dangerous examples are:

Business as Military:
The Blackwater USA Corporation is a mercenary army that has played a key role in special operations in Iraq. It provides (shoot first, ask no questions) security for the U.S. State Department in Baghdad. They are currently building a fortress headquarters in California near the Mexican border.

Military as Business:
The Hawaii Superferry (HSF) is on the surface a money losing civilian ferry operation. Below the surface it is a program of experimental ship building, designed to meet the needs of inter-branch military logistics in the Pacific with a Joint High Speed Vessel - JHSV. The program is funded by civilian state and federal dollars and is operated by a board of ex-military professionals. Billions are at stake.

Police as Business:
The Superferry operates with no EIS as the result of a business conspiracy. The KPD was provided as its security detail, even though our County Council had passed a resolution recommending the EIS be completed before the ferry come to Kauai. By order of Governor Lingle, the KPD was then brought under the Unified Command and used to arrest demonstrators defying the Superferry.

Business as Police:
The Correctional Corporation of America (CCA) operates a private prison system with over 75,000 "residents". They have been accused of lobbying for longer mandatory prison sentences as punishment for minor crimes like marijuana use. Almost one-in-one-hundred Americans are in prison.

Police as Military:
Special Weapons Assault Teams (S.W.A.T.) are in almost every town in America. These police want to be equipped with cool black outfits, assault rifles, kevlar vests and armored Hummers... and they're getting them.

Military as Police:
All we need say are the words "Guantanamo" or "Abu Graib"

The various mixes of Police-Military-Business result in the protection of corporate profits, control of civilian populations and expansion of military domination. We have a name for this - it is called a Police State. That is a situation in which the police are not on your side. There is no room for that in this, the Aloha State.

Old Proverbs
"If brute force is not working, you're not using enough of it."
This is the modus operandi of those that rely on lethal force for their authority. It is my opinion that during normal shifts, our police should not wear guns. Lethal and near lethal devices should be locked away in the patrol vehicle, for use when a psychopath shows up and gets rowdy.

"It is the duty of police to Protect & Serve"
Even when police "protect" us, it is rare that brute force is required. Most often is "service" that we need - interpreting the law; mediating strife; coordinating events; handling emergencies. That is the relationship we need most.

"Where's a cop when you need one?"

In tough times the best answer to that continues to be;

"On your side."



TGI #31: KPD Patrol Policy

By Juan Wilson on 7 June 2008 for Island Breath -

(http://www.islandbreath.org/2008Year/20-TGI_column/0820-31KPDpatrolling.html)


Image above:A 1950 Pontiac patrol cruiser with gumball flasher and sheriff's medallion. From original article and (http://alfa-img.com/show/antique-police.html).

Police Car Patrols
In the 1970s the Kansas City Preventive Patrol Experiment was scientific and thorough (see www.policefoundation.org). What it concluded was surprising, suggesting that routine preventive patrol in marked police cars has little value in preventing crime or making citizens feel safe. That is a startling result and has been underreported.

Almost universally, the use of the radio-patrol car is considered the backbone of police work. Billions of dollars are spent each year to have police officers patrolling the streets in marked police cars in order to deter people committing crimes. In the end, these patrols mostly focus on fining the public for infractions of driving rules.

Harvard-trained sociologist Peter Moskos became a policeman in Baltimore’s roughest neighborhood - the Eastern District. He documented his experience in his book "Cop in the Hood". Moskos says;
"The Kansas City Preventative Patrol Experiment showed that cars don’t matter. Cops only need to be in cars to backup other police officers. Almost everything else could be done by foot and bike. And yet the Kansas City study changed nothing... Culturally, police like patrol cruisers and it’s almost impossible to get police out of cars."
If primarily relying on patrol cars is an ineffective way to prevent crime we might be doing something fundamentally wrong.

Moreover, the standard high-speed police cruiser may be an inappropriate vehicle for patrolling Kauai. As far as high-speed pursuit goes; the FBI law Enforcement Bulletin (July 2002) indicates that:
"Police pursuits are dangerous. Available data indicate that the number of pursuits continues to increase, as well as the number of pursuit-related injuries and deaths. A traffic accident constitutes the most common terminating event in a pursuit."
Police Chief Magazine reports that Hillsboro, Oregon (population 79,000) has a good police pursuit policy that allows officers to abandon chases without consulting their superiors.

"In two recent cases the decision to terminate potentially dangerous pursuits was made by the original officer as soon as the officer was aware that the suspect was going to flee. In both cases, the suspect quickly abandoned his dangerous driving and dumped the vehicle. In both cases, Hillsboro officers were able to take the suspect into custody swiftly."
What is the reason for a high-speed chase on a small isolated island? In the vast majority of cases, is there anyplace for the "bad guy" to go? We need to know if a few economic all-wheel-drive five-door fuel-efficient compacts might better serve our community.


image above: A 1950's nighttime police foot patrol on a Detroit downtown street. From original article.

Alternative Patrols
The book Community Policing: "A Policing Strategy for the 21st Century", by Michael Palmiotto discusses police patrol experiments like those Flint, Michigan; and Newark, New Jersey. These experiments were a careful studies of re-introduced foot patrols in high crime areas.

Interestingly, like the use of patrol cars, the use of foot patrols seemed to have little effect on area crime statistics. However, residents in foot patrols areas had less fear of crime, improved feelings of community safety and better opinions about the police.

These studies have given legitimacy to community policing outside of the patrol car and showed that foot patrols establish citizen-police cooperation in solving crime and disorder. Maybe we are looking at the wrong goals regarding police efforts.

The Lawrence Journal World in Kansas reported on 6/2/08:
Foot patrols also are getting a new emphasis at the Kansas University Public Safety Office because of fuel costs. Earlier this year, the department purchased two $5,000 Segways. The two-wheeled, battery-powered, one-man transporters increase officer visibility and are useful for monitoring crowds as well as moving around campus, Maj. Chris Keary said. They also help cut gasoline costs.
“On an everyday basis, officers can use them to do their patrols instead of driving the car,” Keary said.

KU security officers, who handle much of the campus building security duties, use an electric car.

The $12,000 vehicle purchased last year looks like a small truck with a bubble canopy. It has worked well, especially because security officers have more area to cover as West Campus continues to grow.

KMOV-NBC Channel 4 TV reported on 5/1/08:
"Monday, the city council will vote on a new tool for police officers to fight crime. The city of Pine Lawn, Kansas, hopes the unique crime fighting tool you might see on a golf course pays off for officers. Chief Ricky Collins and the city's mayor want to put several officers in golf carts. The goal is to improve relationships between officers and residents."
WMAR-ABC Channel 2 TV reported on 5/27/08:
"In a small town in Bremen, Ohio, deputies are trading in their squad cars for golf carts as gasoline prices continue to rise. The sheriffs say the golf carts have also improved their relationship with the community."
I suggest that increasing alternative modes of police patrol such as foot patrol, bikes, segways, electric carts and horseback have benefits other than just better better face-to-face communication and fuel efficency. The result will be residents and visitors on Kauai sensing that the police are providing better service.

An additional bonus could be a more physically fit and happier police force. A police force better suited for the future and one that could be more attractive to potential rookies. Here on Kauai wouldn't many idealistic kids enjoy serving and protecting their island on horseback, and being paid a policeman's salary to do it?

See also:
Island Breath: Policing Paradise 4/4/08

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Dallas use of killer "robot" alarming

SUBHEAD: Legal experts raise alarm over shocking use of 'Killer Robot' for execution by Dallas police force.

By Nadia Prupis on 8 July 2016 for Common Dreams -
(http://www.commondreams.org/news/2016/07/08/legal-experts-raise-alarm-over-shocking-use-killer-robot-dallas)


Image above: Kind of "robot" used by police and military often used in situations characterized as "terrorism". These are not really robots in that they are in no way autonomous. They are in fact remote control tank like vehicles often with articulated arms. From (http://www.deccanchronicle.com/world/america/080716/3-snipers-in-custody-negotiations-underway-police-chief.html).

[IB Publisher's note: It is been a problem for me that Americans often hear their leaders characterize "terrorists" as cowardly. Strapping a bomb around your waist and approaching a crowd of a "foreign enemy" (bazaar or mall shoppers) and setting it off is not "cowardly". A single person approaching a well armed uniformed group of "enemy soldiers" (soldiers or police) and initiating a suicide attack is not "cowardly". It may be "evil", "maniacal",  "insane", "suicidal", etc.  It is cowardly to kill people at a wedding ceremony with a missile fired from a drone flown from an air conditioned trailer thousands of miles away because a guest at the wedding might be a "terrorist". It is cowardly to use a remote controlled robot with a bomb to kill a crime suspect who is alone and hiding in a parking garage. I think the much of  the brutality of police directed at blacks in America stems from fear not bravery. Cowardice not Heroism. If you want to debate whether sniping is cowardly or heroic or some other thing, please add a comment below.]

The fact that the police have a weapon like this...is an example of the militarization of the police and law enforcement—and goes in the wrong direction.

As news emerges that police officers in Dallas, Texas used an armed robot to kill the suspected shooter in Thursday night's ambush, experts are warning that it represents a sea change in police militarization that only heightens risks to human and constitutional rights.

Dallas Police Chief David Brown said Friday morning during a press conference that police "saw no other option but to use our bomb robot and place a device on its extension for it to detonate" where the suspect had taken refuge in a parking garage as police tried to negotiate with him, adding that he was "deceased as a result of detonating the bomb."

The suspect, identified as Micah Xavier Johnson, was killed around 2:30am Friday morning after an hours-long standoff with police.

The shootings killed five officers and left more than a dozen people injured. Johnson reportedly confirmed that he had acted alone and was not affiliated with any group.
Many noted that this appears to be the first time that domestic police have used a lethal robot to kill a suspect.

According to Marjorie Cohn, Professor Emerita at the Thomas Jefferson School of Law and editor and contributor to Drones and Targeted Killings: Legal, Moral, and Geopolitical Issues, it's a sign that U.S. law enforcement is continuing to go in "the wrong direction."

"The fact that the police have a weapon like this, and other weapons like drones and tanks, is an example of the militarization of the police and law enforcement—and goes in the wrong direction," Cohn told Common Dreams.
"We should see the police using humane techniques, interacting on a more humane level with the community, and although certainly the police officers did not deserve to die, this is an indication of something much deeper in the society, and that's the racism that permeates the police departments across the country. It's a real tragedy."
Seth Stoughton, a former police officer and assistant professor of law at the University of South Carolina, told The Atlantic on Friday, "This is sort of a new horizon for police technology. Robots have been around for a while, but using them to deliver lethal force raises some new issues."

As security expert and University of Pennsylvania professor Matt Blaze noted on Twitter on Friday, numerous safety concerns about the robot's protocols—for example, how easily it might be hacked—remain unaddressed.

"How was the control link to the Dallas bomb robot secured? Stakes go *way* up when something like this is repurposed as a weapon," he wrote.

As Popular Science tech editor David Gershgorn also explained:
Repurposing a robot that was created to prevent death by explosion clearly contrasts with the way these machines are normally used. Bomb disposal robots are routinely used to minimize the potential of harm to officers and civilians when disarming or clearing potential explosives from an area. They are often equipped with their own explosive charges and other tools, not to kill, but detonate other potential bombs in the area.
Questions also arose regarding the necessity of the suspect's killing after he reportedly told police during negotiations that there were "bombs all over" downtown Dallas.


Image above: Policeman in body armor, helmet and armed with attack rifle stands near entrance of parking garage in Dallas during atttack by sniper. From (http://www.deccanchronicle.com/world/america/080716/3-snipers-in-custody-negotiations-underway-police-chief.html).

As Cohn noted, officers could have determined where those devices were located, "if in fact there are bombs," had they left the suspect alive. Moreover, she said, killing him violated his constitutional right to due process.

"Police cannot use deadly force unless there's an imminent threat of death or great bodily injury to them or other people. If the suspect was holed up in a parking garage and there was nobody in immediate danger from him, the police could have waited him out.

They should have arrested him and brought him to trial," Cohn said. "Due process is not just enshrined in our constitution, it's also enshrined in the International Covenant on Civil and Political Rights, which the U.S. has ratified, making it part of U.S. law."

Likewise, Stoughton told The Atlantic, "Policing has a different mission [than the military]: protecting the populace. That core mission, as difficult as it is to explains sometimes, includes protecting some people who do some bad things. It includes not using lethal force when it's possible to not."

Many noted the connection between potentially the first use of an armed robot in domestic policing and the deployment of such tools in active war zones. Defense technology expert Peter W. Singer wrote on Twitter, "this is 1st use of robot in this way in policing. Marcbot has been ad hoc used this way by troops in Iraq."

Cohn said, "The same way that the Obama administration uses unmanned drones in other countries to kill people instead of arresting them and bringing them to trial, we see a similar situation here....As the technology develops, we're going to see the increasing use of military weapons in the hands of the police, which is going to inflame and exacerbate a very volatile situation."

"We can see that many of the weapons that are being used by the military are in the hands of the police," she added. "This is a very volatile situation, very dangerous situation, and is only going to make the tensions worse and kill people and violate constitutional rights."
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Hawaiian Nation signs removed

SUBHEAD: The DLNR took down the Lawful Hawaiian Government signs at the Hanapepe Lookout.

By Janos Samu on 22 September 2015 for Lawful Hawaiian Government -
(http://islandbreath.blogspot.com/2015/09/hawaiian-nation-sign-removal.html)

http://www.islandbreath.org/2015Year/09/150925amelikabig.jpg
Image above: Welcoming sign at the time of installation at the Hanapepe Lookout on the north side of Kaumuaalii Highway, east of Eleele, Kauai.

Aloha mai kākou!

As most of you know our Lawful Hawaiian Government's educational signs were removed from the Hanapepe Lookout and confiscated on February 11, 2015 by DLNR by higher orders (DLNR refused to disclose whose order).

http://www.islandbreath.org/2015Year/09/150925alohabig.jpg
Image above: Large educational sign at the time of installation at the Hanapepe Lookout on the north side of Kaumuaalii Highway, east of Eleele, Kauai. Click to see closeup of sign. From Janos Samu.

When we requested DLNR to return the signs, they refused and claimed to be investigating the case. See our letter to the DLNR here (www.islandbreath.org/2015Year/09/15092dlnr.pdf).

A strange coincidence: first they enforce the action and then they do the investigation (that lasted until August 17, 2015). What a wise decision to spend the taxpayers money on investigating this case for six months.

On August 17, 2015 DLNR issued a citation regarding the signs to me and to my superior, Timothy Oga, Ali'i of District 1 of Kauai. These citations were not for installing the signs, but for abandoning them. According to the DLNR interpretation two signs, installed in 3 foot deep concrete footings  should have guarded by us 24 hours a day.

It was clearly the message on the signs that they objected (see below) to and why they took action to remove them. We felt they violated our human rights and our freedom of speech and freedom of expression. See below for the text on the two signs in question.


ALOHA!

This area was cleaned up by the local citizens and supporters of the Lawful Hawaiian Government who love their 'aina.  Please keep our beautiful island clean!

Take your trash back home or dispose of it in the containers, and remember:

A'ole o Kaua'i o 'Amelika, a, a'ole loa e lilo ana!
Kauai is not America, and will never be!

Enjoy your stay on Kauai!



ALOHA!
While you are visiting our beautiful Hawaiian islands we'll help you learn about our people, our history and our feelings. The flags and signs you see on trucks and houses also express those feelings and our desires.

The green-red-yellow Kanaka Maoli flags call for the restoration of the independence of our great Hawaiian Nation. And the Ku'e America and Ku'e Amelika signs say in Hawaiian: Resist and reject America!

Our ancient culture and rich language need only these short words to express our heartfelt anger towards the US government and its foreign policy for the illegal occupation of Hawaii by the USA that has been going on since 1893. We never approved this occupation, never liked it and will never accept it. We demand the full restoration or our sovereignty and independence.

This is a call to our brothers, sisters and all peace-loving supporters of the Hawaiian Nation to stand up and speak up for our rights and for our freedom.

Enjoy your stay now and if you support us come back again after our independence is restored.

The Hawaiians

 This is an educational sign of the Hawaiian Nation.
Do not remove or alter!

More than two months ago we contacted the American Civil Liberties Union of Hawaii to represent us and sue DLNR on our behalf. The ACLU Hawaii claims on their website that they will respond to each request within six weeks in determining whether to represent a request or not. See our letter here (www.islandbreath.org/2015Year/09/15092aclu.pdf).

We have the return receipts of our certified mailings to the ACLU and they have chosen not even to respond. Apparently they are serving "American civil liberties" this way.

Our case will be heard at the Lihue court house on September 23, 2015 at 8:00 a.m. If you want to witness how crooked this government is, come and give us or DLNR your moral support (depending which way you lean).  Mahalo nui loa. We are not afraid!

Mahalo ke Akua. I mua.

Janos Samu,
Human Rights Violation Coordinator of  Lawful Hawaiian Government, Kauai, District 1

Timothy Oga,
Noble Representative of Legislature of the Lawful Hawaiian Government, Kauai, District 1

http://www.islandbreath.org/2015Year/09/150925kpdreportbig.jpg
Image above: Kauai Police Incident Report regarding the removal of the cultural sign installed by Timothy Oga. Click to enlarge. From Janos Samu.



Followup note on September 23rd court appearance from Janos Samu:

We are back from the court. Both of us were cited on the same charges at the same time. The State of Hawaii asked the court to dismiss the charges against Timothy Oga without prejudice, but I was requested to plead, which I did and I pleaded "not guilty". So for me a bench trial was set for December 17th, 2015 at 10.00 a.m.

This is just another tactic to stall the case and not to return the signs to us.


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Rising police aggression

SUBHEAD:  It is a telling indicator of our societal decline - a historically common marker of failing civilizations.

By Chris Martenson on 24 April 2015 for Peak Prosperity -
(http://www.peakprosperity.com/blog/92427/rising-police-aggression-telling-indicator-our-societal-decline)


Image above: A SWAT robot, a remote-controlled small tank-like vehicle with a shield for officers, is demonstrated for the media in Sanford, Maine, on, April 18, 2013. Howe & Howe Technologies, a Waterboro, Maine company, says their device keeps SWAT teams and other first responders safe in standoffs and while confronting armed suspects. Photo by Robert F. Bukaty/AP Photo. From (http://www.gagdaily.com/appealing/2875-robots-at-work-and-play-part-2.html).

My first Uber lift was in South Carolina.  My driver was from Sudan originally, but had emigrated to the US 20 years ago.  Being the curious sort, I asked him about his life in Sudan and why he moved.  He said that he left when his country had crumbled too far, past the point where a reasonable person could have a reasonable expectation of personal safety, when all institutions had become corrupted making business increasingly difficult.  So he left.

Detecting a hitch in his delivery when he spoke of coming to the US, I asked him how he felt about the US now, 20 years later.  "To be honest," he said, "the same things I saw in Sudan that led me to leave are happening here now. That saddens me greatly, because where else is there to go?"
It’s time to face some uncomfortable ideas about the state of civilization in the United States. This country is no longer the beacon of freedom illuminating a better way for the world. Why not? Because it has ceased to be civilized.

The recent spate of police brutality videos and the complete lack of a useful or even sane response by the police unions is shaping my writing here. But it goes well beyond those incidents and extends into all corners of the lives of US citizens now, as police abuse is only one symptom of a much deeper problem.

What do we mean by "civilized?"  Well, take a look at its official definition and see if you note any descriptors that are lacking in present day US culture:

Civilized adjective

1. Culturededucatedsophisticatedenlightenedhumane All truly civilized countries must deplore torture.
2. Politemannerlytolerantgraciouscourteousaffablewell-behavedwell-mannered
(Source)
A civilized society, then, is one that is humane at its core, that knows right from wrong, and which does not need to conduct lengthy ‘internal reviews’ to discover if videotaped brutality is indeed showing illegal abuse.

Let’s begin by examining a few recent cases of brutality, so many of which now exist that I have to narrow the field substantially in the interest of brevity.  I'm going to skip over the one where an unarmed black man was shot five times in the back and coldly murdered by the officer in South Carolina, because that has already (and rightly) received a lot of media attention.

So, the first case I'd like to discuss comes to us from San Bernardino CA where a man being served with a warrant for suspicion of identity theft started to flee.  Much to the dismay of the police, the last leg of his otherwise humorous escape plan involved a horse, forcing the cops to huff across the hot, dry desert on foot.

The video eventually shows the fugitive falling off his horse, throwing himself flat on the ground in total submission, and then putting his own hands behind his back. Two officers then approach and, in full view of the news chopper camera circling overhead, proceed to violently kick him in the face and groin, pistol whip him with a taser, pile-drive him with their elbows, and then move aside to make room for the other nine officers that also join in the violent 2 minute long beating:
Aerial footage showed the man falling off the horse he was suspected of stealing during the pursuit in San Bernardino County Thursday afternoon.
He then appeared to be stunned with a Taser by a sheriff's deputy and fall to the ground with his arms outstretched. Two deputies immediately descended on him and appeared to punch him in the head and knee him in the groin, according to the footage, reviewed several times by NBC4.
The group surrounding the man grew to 11 sheriff's deputies.
In the two minutes after the man was stunned with a Taser, it appeared deputies kicked him 17 times, punched him 37 times and struck him with batons four times. Thirteen blows appeared to be to the head. The horse stood idly nearby.
The man did not appear to move from his position lying on the ground for more than 45 minutes. He did not appear to receive medical attention while deputies stood around him during that time.
San Bernardino County Sheriff John McMahon told NBC4 he was launching an internal investigation into the actions of the deputies.
"I'm not sure if there was a struggle with the suspect," McMahon said. "It appears there was in the early parts of the video. What happens afterwards, I'm not sure of, but we will investigate it thoroughly."
(Source)
Note the lack of civilized responses there from beginning to the end.  A yielding, non-resisting suspect was repeatedly pounded by 11 officers using means that would land you or me in hot water (justifiably) on “assault with a dangerous weapon” charges if we did the same.

Then the beaten man was left on the ground afterwards without any medical attention for 45 minutes. The physical abuse nor the later disdain for the suspect's condition aren't behaviors you find in a civilized society. Successfully apprehending a 'suspected criminal' does not give you free license to mete out a brutal beat-down, at least not if your humanity is intact. But with these officers, that appears to be precisely what happened. The fact that it did is indicative of a culture in distress.

In the next part of this sad drama, the county sheriff had the audacity to say (in an obvious attempt at damage control) that he was ‘not sure’ if a struggle had happened with the suspect, but that it appeared that there had been one.  Apparently, the sheriff needs some training in evidence review (or a new pair of glasses) because there’s no struggle there at all, which is plainly obvious in the video:
Then the sheriff concludes with “what happens afterward, I’m not sure of,…” Again, anybody who viewed the video is very certain of what happened afterwards because it’s completely obvious: the deputies kicked the crap out of a non-resisting suspect.

So obvious that less than 2 weeks after the beating, San Bernadino county hastily agreed to a $650,000 settlement in attempt to very rapidly put the whole thing behind them.

The only legitimate response from the sheriff, to show that the rule of law applies and that he and his deputies have morals and are part of a civilized society, would have been to say something along the lines of, “Assaulting a compliant and non-resisting suspect is never OK, and it is against our internal policies and training as well as the law.  In the interest of complete transparency and fairness, both real and perceived, we’ve asked for an external review which will include citizen participation.  

Whether laws are broken by citizens of the police, our department believes 100% in equal application of the law because anything else erodes the basic perception of fairness upon which a civilized society rests.”

Of course, nothing of the sort was said here. Nor is it ever said in other brutality cases, where instead we see the ranks close around the accused cop(s), which unfortunately communicates the impression that one of the perks of being a law enforcement officer is being able to dodge the consequences of the same laws they administer daily.

Here are a few more cases, all demonstrating the same unequal application of the laws:

In this next case, an unarmed, fleeing black male suspect was tackled and pinned on the ground by at least two officers. He then was shot in the back by a 73 year-old reserve deputy who apparently couldn't tell the difference between a revolver and a taser. A 73 year-old whose main qualification for being on the scene seems to have been his prior generous donations to the police department.
Tulsa Police Chase And Shoot Eric Courtney Harris


The above video is disturbing for many reasons, but especially because while Eric Harris is dying he says “Oh man, I can’t breathe” to which one of the officer who happens to have his knee firmly on Eris’s head says “Fuck your breath!”

Recall that one of the words used to describe civilized is "humane". Think about how far out of touch with your own humanity you have to be to say that to a dying person. Even if the officer didn't know Harris was dying at the time, he at least knew that he had been shot.

In another case, a man approaches a car blocking the street and asks for it to be moved.  The violent manner of the officer's response would be a case of road rage if it involved another civilian and be prosecuted as a serious crime with multiple charges.
Man Asks Cop Nicely to Stop Blocking Traffic, So the Cop Beat Him and Stomped his Head
Sept 11, 2014 Sacramento, CA — A Sacramento County Sheriff’s deputy is on paid vacation after a video surfaced showing him stomping on a man’s face and hitting him with his flashlight after tasering him.
Undersheriff Jaime Lewis says that they are investigating themselves after viewing the video.
“There are portions of that video that clearly have caused me concern,” Lewis said. “And that is exactly what has caused the department to initiate an investigation, so we can get to the bottom of it.”
The man being beaten in the video is 51-year-old John Madison Reyes, who said the incident started when he asked the deputy, whose car was blocking the road, to move.
“I asked him kindly to move the car,” Reyes said. “He glared at me and stared at me. And then, I said an expletive, ‘You need to move the car because I can’t get through.’”
"Let's face it, had the subject complied with the officer's directives from the initial contact and beyond, we wouldn't be sitting here talking about this today," Lewis said.
(Source)
What seems to have happened in the above story is simply that the cop didn't like his authority being challenged, even in a very minor way, and he over-reacted.

The recipient of the beating, Mr. Reyes, was charged with resisting arrest.  How is that even possible?  It seems like there needs to be something you are being arrested for to resist in the first place.  Something for which the officer has probable cause in the first place which you then resist?  How can the only charge be ‘resisting arrest’?

Sadly, many times after a confrontation has become physically violent the one and only charge applied is ‘resisting arrest.’

Of course, that’s a mighty convenient charge for some police who escalate a situation first, and then resort to using the charge of resisting arrest because, in the end, that’s the only charge they have. And while it’s not wise to resist arrest, there are hundreds of cases where people claim they weren’t resisting at all, merely trying to protect their heads and faces from heavy blows, while the police were beating them yelling “Stop resisting arrest!” like it was a magic incantation.
As in this case:
Brutal LAPD arrest caught on video; Department investigating cops seen bodyslamming nurse twice during cell phone traffic stop

The Los Angeles Police Department is investigating two officers who were allegedly caught on surveillance camera slamming a nurse on the ground twice — and then fist bumping afterward — during a recent traffic stop.

The two officers pulled over Michelle Jordan, 34, of Sunland, Aug. 21, for allegedly talking on her cell phone while driving in Tujunga, in northeast Los Angeles, the department said.

Jordan pulled into the parking lot of a Del Taco restaurant and got out of her car to confront the officers, cops said.

The taco joint's surveillance video appears to show the officers, both men, yanking the 5-foot-4 inch registered nurse from the open driver's seat and then slamming her on the ground to cuff her.

The duo then yank Jordan to her feet and bring her to the patrol car, where they pat her down.

Moments later, one of the cops slams the married mom to the ground a second time.
After placing her in the cruiser's backseat, the two appear to share a celebratory fist-pound.

Jordan was booked for resisting arrest and later released.
(Source)
The pictures of the damage to this woman's face are disturbing.  Think about what it would be like to be pulled over for a minor infraction, be yanked from your car, thrown to the ground, handcuffed, stood up, and then violently body slammed a second time.  While she may have been using words that these officers found to be less than respectful of their authority, in a civilized society grown men do not violently assault the unarmed -- especially handcuffed women.  That's just sadistic and has no place in a decent society.

In another case from Baltimore police broke the leg of a man they were arresting, Freddie Gray, cuffed him, and instead of getting him medical help dragged him to a van obviously alive and screaming in pain from the broken leg. By the time that van ride was over, the man was delivered to a local hospital with a broken neck, his spine 80% severed, and he died a short while later. His “crime?”

He allegedly “fled unprovoked upon noticing police presence," which, by the way, is not actually a crime, something the Baltimore police were forced to acknowledge in the aftermath of the incident.  The police spokesman, Deputy Commissioner Jerry Rodriguez initially stated that there was “no evidence” of any use of excessive force.  I would counter that any time you shatter a person’s neck after they are cuffed during a van ride, that’s "excessive", by definition.

Again, the initial response by the police, which began as silence followed by the filing of an initial report that said Mr. Gray was "arrested without incident or force" reveals just how broken our enforcement system and culture really are.

In another recent case a mentally ill woman in Idaho was shot dead by police within 15 seconds of their arrival.  She had a knife, the police got out of their vehicle, walked straight towards her and when she did not immediately comply with their commands, they opened fire.

Something Is Very Wrong

[note: an incomplete statistic was used here and has been removed and replaced with the following]
In the past ten years police in the UK have been involved in 23 total police shooting fatalities.  In the US in 2013 alone there were a minimum of 458 'justifiable homicides' by firearm committed by US police.  I say 'a minimum' because the FBI statistics are woefully incomplete because there is no mandate that police forces report their killings to the FBI so the database is certainly inaccurate on the low side.  But taking that at face value, there is a vast gap between the number of people shot in the UK as compared to the US.  Adjusting for population, US police officers are killing citizens at roughly 40 times the rate of UK police.  40 times!

How can this be? In the UK they’ve got hooligans and yobs, immigrants and poor people. They’ve got drunks and mentally unbalanced people too. And yet they somehow don’t kill people in the fulfillment of their duties as public safety officers.

In this video you’ll see a mentally deranged man outside of Buckingham palace threatening people while wielding knives. He was successfully apprehended alive by a patient and methodical UK police force that did not aggravate, but instead waited for an opening to make their move, which they did quite successfully using a taser instead of guns.

The problem, it seems, is that the US police have been trained to be highly confrontational and to escalate, rather than defuse, any situation.

Police in the US have shot an individual’s highly trained service dog after showing up at the wrong address, and even a family’s pet pot-bellied pig simply because they ‘felt threatened.’

So the one-two punch here is that cops are trained to be highly confrontational and then to react with force -- oftentimes deadly force -- when they ‘feel threatened.’  See the problem here? It’s pretty easy to end up feeling threatened when you are creating threatening situations.

That’s a recipe for exactly the sort of over-reactive uses of force that are giving us the problems we see today.

An Occupying Force

If you saw the images coming out of Ferguson recently, you may have noticed that the law-enforcement presence did not so much look like police, but an occupying military.  Snipers perched on roofs viewing the crowds through their scopes, tear gas and rubber bullets constantly in use, Humvees, the latest acoustic anti-personnel devices, and officers outfitted with ‘battle rattle’ that even made one Afghanistan vet jealous for its magnificent excess compared to what soldiers were issued in one of the most dangerous regions of the world.

How is it that a small mid-western city arrayed more hardware against its own citizens than you might find in an active Middle East war zone?  Who really thought that necessary and why?

Exactly how and when did policing and crowd control in the US slip into a set of methods that match those used by occupying forces -- like those of Isreal -- who subjugate whole populations?
It turns out, by going to Israel and learning Israeli methods of crowd 'control.'
Israel-trained police “occupy” Missouri after killing of black youth
Feb 8, 2015
Since the killing of eighteen-year-old Michael Brown by Ferguson police in Missouri last weekend, the people of Ferguson have been subjected to a military-style crackdown by a squadron of local police departments dressed like combat soldiers. This has prompted residents to liken the conditions on the ground in Ferguson to the Israeli military occupation of Palestine. 
And who can blame them?
The dystopian scenes of paramilitary units in camouflage rampaging through the streets of Ferguson, pointing assault rifles at unarmed residents and launching tear gas into people’s front yards from behind armored personnel carriers (APCs), could easily be mistaken for a Tuesday afternoon in the occupied West Bank. 
And it’s no coincidence. 
At least two of the four law enforcement agencies that were deployed in Ferguson up until Thursday evening — the St. Louis County Police Department and the St. Louis Metropolitan Police Department — received training from Israeli security forces in recent years. 
(Source)
If the tactics and gear of the police in Ferguson looked military that’s because they were. The purpose of APC’s and m4 assault rifles is to go into dangerous battles and kill the other side first so you can survive.

I believe that one’s training and mindset are critical determinants of what happens next.  It should really not surprise anyone that a militarized mindset accompanied by specialized training and hardware has led to scenes like the one we saw in Ferguson, among many other places over the past several years.

I wanted to find out if the assertion of the above article was true. Had US police agencies really trained with the Israelis?

The answer is yes, beginning over a decade ago. Note that US police have been training for a domestic terrorist threat that has been almost completely non-existent, well below the statistical threshold that would seem to justify such advanced training and tactics:
U.S.-Israel Strategic Cooperation: Joint Police & Law Enforcement Training
Sept 2013
In 2002, Los Angeles Police Department detective Ralph Morten visited Israel to receive training and advice on preparing security arrangements for large public gatherings.  From lessons learned on his trip, Det. Morten prepared a new Homicide Bomber Prevention Protocol and was better able to secure the Academy Awards presentation.
In January 2003, thirty-three senior U.S. law enforcement officials - from Washington, Chicago, Kansas City, Boston and Philadelphia - traveled to Israel to attend a meeting on "Law Enforcement in the Era of Global Terror."  The workshops helped build skills in identifying terrorist cells, enlisting public support for the fight against terrorism and coping with the aftermath of a terrorist attack.
“We went to the country that's been dealing with the issue for 30 years,” Boston Police Commissioner Paul F. Evans said. “The police are the front line in the battle against terrorism. We were there to learn from them - their response, their efforts to deter it. They touched all the bases.”
“I think it's invaluable,” said Washington, DC Police Chief Charles Ramsey about the instruction he received in Israel. “They have so much more experience in dealing with this than we do in the United States.”
Also, in 2003, the U.S. Department of Homeland Security established a special Office of International Affairs to institutionalize the relationship between Israeli and American security officials. “I think we can learn a lot from other countries, particularly Israel, which unfortunately has a long history of preparing for and responding to terrorist attacks,” said Senator Susan Collins (R-ME) about the special office. (Source)
Here’s the thing: your chances of dying of ‘terrorism’ on US soil are dwarfed by the chances of dying from practically every other cause of death in the US.  Terrorism simply is not a gigantic and imminent existential threat that requires special hardware and training relationships with nations that practice the tactics and strategies of occupation.

Terrorism is not such a common thing that we need to define our entire crowd control methods around it, but a rare thing, and is really what’s left over after a few individuals feel like every other option of redress has been stripped away.  Which is why it’s practically unheard of in the US, and most other civilized countries.

But domestic US law enforcement agencies have been training and outfitting themselves as if it’s a top threat.  Why is that?

There are not very many reassuring answers to that question.  One is that our law enforcement agencies lack the ability to discern actual threats from imaginary ones.  Another is that they envision a time when some portion of the civilian population feels as if it has lost all hope and options for a better future, and starts resorting to terrorist acts.

Either way, very poor answers.

A Dangerous Job?

One mitigating factor is to note that police have a stressful, dangerous and low paying job.  Erring on the side of personal safety makes sense when looked at this way.

In terms of dangerousness, however, law enforcement doesn't even crack the top-ten list of most dangerous professions:

(Source)

The death rate for sworn officers is 11.1 per 100,000 (2013 data) for job-related injuries. Fishing is ten times more dangerous. And even the 11.1 rate includes some deaths which were not the result of violent actions committed during an arrest, but things that tend to happen among a force more than a million strong.
(Source)

Even if we assumed that half of the reported job-related deaths were homicides, that would make policing about as dangerous as living in an average city (5.5 per 100,000) but seven-fold less dangerous than simply living in Baltimore (35 per 100,000).

So a stressful job yes. An important job, definitely. But not as dangerous as many other occupations, which is relevant context to this story.

Good Policing

I would be remiss to not also point out other examples of great police work.  We need to illuminate both what’s wrong and what’s right.

One of my favorite examples shows Norwegian police handling a belligerent drunk:

Be sure to watch at least the first full minute, and note that this drunk is yelling, cursing, kicking, and generally ‘resisting’ and yet the police involved never rise to the bait, handle him with good manners and like he’s a human being the entire time.  Well done!

This next clip shows a policeman in Ohio refusing to shoot a man wanted on a double murder charge even though he really probably should have and would have been completely justified in doing so:
The man wanted to be shot and killed by the officer who, despite being rushed, and having the man put his hands in his pockets after being warned not to, and even being knocked to the ground at one point, refused to shoot.

That restraint was quite remarkable and showed someone willing to place his own life in danger before committing to take another’s.  He said afterwards that he “wanted to be absolutely sure” before pulling the trigger that it was absolutely necessary.

I do wonder if the two tours the former marine took before becoming an officer had anything to do with his unwillingness to take another life?

How To Fix This

Well I think I’ve been in the top 5% of my age cohort all my life in understanding the power of incentives, and all my life I’ve underestimated it.
~ Charlie Munger
I think the solution to reducing episodes of police assaults on citizens is contained within the Charlie Munger quote above.  The incentives have to be aligned.

My solution is simply this: every time a police department loses an excessive force or wrongful death case and has to pay out money, that money should come from their local police union’s pension fund.  And by law, these losses cannot be refilled with taxpayer funds.

Every single time a judgment is made against that department and the union pension is reduced, the retired and currently-serving officers will have to decide for themselves if they should keep the indicted officer or officers on the force who lost the pension all that money. Or decide if training and policies need to be adjusted.

I guarantee you that with the incentive to train and behave properly and lawfully now resting with the police itself, rapid behavior and training modification would result.

Moreover, I see no reason why the citizens of any given municipality should be on the hook for repeated violations by any public servant or office.

For some of the most abusive departments, the amounts are far from trivial.
U.S. cities pay out millions to settle police lawsuits
Oct 1, 2014
The Chicago Sun-Times reported earlier this year that the city has paid out nearly half a billion dollars in settlements over the past decade, and spent $84.6 million in fees, settlements, and awards last year.
Bloomberg News reported that in 2011, Los Angeles paid out $54 million, while New York paid out a whopping $735 million, although those figures include negligence and other claims unrelated to police abuse. 
Oakland Police Beat reported in April that the city had paid out $74 million to settle 417 lawsuits since 1990.
And last month, Minneapolis Public Radio put that city’s payout at $21 million since 2003.
(Source)
Just align the incentives and watch what happens next.  The problem is, the incentives are just completely wrong right now, and taxpayers are footing the bill for repeated and expensive police behaviors.

That needs to stop if we want to see real change.

Conclusion

The police serve a very important role in society and I want them to be as effective as possible.  They are there to uphold the law and protect the peace, which are extremely important functions.
Unfortunately there are far too many cases where the police have acted as judge, jury and executioner to suggest that there are just a few bad apples.

Instead there’s a pervasive atmosphere of hostility and force escalation better suited to war zones than maintaining civilian order.  The lines have been drawn in many police departments: it’s us vs. them.

Trust in many departments has been utterly shattered within some communities because the police hold themselves to a different standard than they do the populace.  Police commit brazen acts of brutality and get away with it, largely because they self-investigate and/or because the local District Attorney office is unwilling to press charges.

But the recent cases of police brutality are simply a symptom of a much larger problem. Society in the US is breaking down, civility has been lost, and the country is rapidly becoming uncivilized.

This extends within and across all of the most important institutions. Congress is known to work for corporations first and foremost. Democracy itself is bought and sold by the highest bidders. The Federal Reserve protects big banks from the costs of their misdeeds and enriches the already stupidly rich as a side benefit.

DEA agents are caught in Columbia having sex parties with underage girls and drugs, and the worst punishment handed out is a 10 day suspension without pay.  Nobody is even fired, let alone jailed.
"Crime, once exposed, has no refuge but in audacity".
                 ~ Tacitus, Annals, Book XI Ch. 26
The FBI has just admitted that they had been consistently (and certainly knowingly) overstating forensic lab analysis in ways that favored prosecutors in more than 95% of cases over a period of several decades.  The cases included 32 that resulted in death sentences.  Many people were wrongly convicted, but nobody from the FBI will face any charges and many of the states involved have (so far) decided they won’t be looking into any of the cases to right the wrongs.  The wrongful convictions will stand, an injustice that is incompatible with the concept of being civilized.

The Department of Justice has utterly failed to hold any banks or bankers criminally responsible for any acts despite levying a few billions in fines for crimes that probably netted the banks tens of billions in profits.  For some, crime does pay.

I could go on, but why bother? The pattern is easy enough to see.

The US has lost its way. Fairness, justice, and knowing right from wrong seem to all be lost concepts and the trend has only gotten worse over the past several years.  Without moral bearings, what’s left?
“The only thing necessary for the triumph of evil is for good men to do nothing.”
Either the people of the US stand up and resist these accumulating injustices or they will get exactly the sort of government, and law enforcement, they deserve.
In the meantime, the challenge for each afflicted institution is to begin to recognize right from wrong, and in the case of law enforcement agencies, stop pretending like every single one of your million+ officers is a good egg.  We all know hiring is imperfect and mistakes get made.  Own up to them and let those who make serious mistakes experience the consequences.  Rebuild our trust in your necessary and important institution by clearly demonstrating that you know right from wrong wherever it occurs and whoever commits the deed.

If we don't do this, if we allow the current trajectory to build more momentum, the loss of civilized behavior will reach a tipping point from which it will be very hard to return without much hardship, and likely, bloodshed.

In Part 2: Preparing For The Coming Breakdown, we analyze how the boom in prosperity seen over the much of the 20th century is evaporating, and as the pie begins to shrink, the means by which the players compete for their slices becomes increasingly brutish and violent.

Ask yourself this: If tensions are this bad now, while relatively abundant resources exist, how bad do you think they’ll get during the next economic downturn or financial crisis?


[IB Editor's note: We are not aware of recent problems with the Kauai Police Department that we have seen in the last few years on the mainland. That's not to say it cannot happen here. For an example see (http://www.islandbreath.org/2008Year/15-justice_law/0815-11PoliceOverReact.html) in 2008 and (http://thegardenisland.com/news/local/police-shoot-kill-kalaheo-man/article_9df127e0-07db-11e3-8ef0-0019bb2963f4.html) in 2013. On the other hand in recent months I have witnessed respectful yet forceful handling of a young man, high very on meth, arrested on an outstanding warrant. Yet one must worry about the militarization of our nation's police department and individual officers isolation from the very ones they are sworn to protect and serve.]

See also:
Island Breath: KPD Policy - Patrolling 6/8/08
Island Breath: The Kauai Police Mission 5/15/08
Island Breath: Police need bikes not riot gear 4/5/08

.

Unnecessary Arrests

SUBHEAD: The sun is still out and everything is fine after arrests drop by two-thirds in NYC.

By Jon Queally on 4 January 2015 for Common Dreams -
(http://www.commondreams.org/news/2015/01/01/sun-still-out-and-everything-after-arrests-drop-two-thirds-nyc)


Image above: Some police officers turn their backs as Mayor Bill de Blasio speaks during the funeral of NYPD Officer Wenjian Liu on Jan. 4, 2015 in the Brooklyn borough of New York. (From (http://abc7chicago.com/news/mayor-eulogizes-nypd-officer-as-cops-outside-turn-backs-again/461296/).

If angered NYPD can so dramatically reduce arrests and citations, many are suggesting it could offer an ironic path to better policing nationwide.

Earlier this week, responding to initial news reports that the New York Police Department had drastically reduced the number of arrests and citations following the murder of two of Officers Wenjian Liu and Rafael Ramos on December 20, New York-based journalist and radio host Allison Kilkenny took to Twitter and noted, "Arrests plummeted 66% but I just looked outside and nothing is on fire and the sun is still out and everything. Weird."

What has been largely reported as a "virtual work stoppage" by NYPD officers as a result of a perceived lack of support coming from the office of Mayor Bill de Blasio, the internal turmoil between City Hall and the police stemmed from the interplay between ongoing street protests in the city that followed the non-indictment of Officer Daniel Pantaleo for the choking death of Eric Garner and public comments made by the mayor in support of those protests.

When the man who killed officers Liu and Ramos appeared cite revenge for Garner's death as part of his motivation, many officers—including union heads and leaders of the Patrolmen's Benevolent Association—quickly put the blame on de Blasio for creating what they called an "anti-police" atmosphere.

Though the public debate over the relationship between City Hall and the NYPD has seemingly started to cool, many people are now looking at the "work stoppage" itself—which reportedly resulted in drastic reductions in arrests, citations, and even parking tickets—as rather positive evidence that a city with less arrests may be something to celebrate, not criticize.

Writing for Rolling Stone on Wednesday, journalist Matt Taibbi described the situation in the city as "surreal," but noted positively that, "In an alternate universe, the New York Police might have just solved the national community-policing controversy."

In his article, Taibbi explores that if the police protest was done for "enlightened reasons"—as opposed to what he described as "the last salvo of an ongoing and increasingly vicious culture-war mess that is showing no signs of abating"—there would be something wonderful about living in a city that called on officers to prioritize building-up community members instead of finding ways to put officers "in the position of having to make up for budget shortfalls" by issuing unnecessary fines and citations to people who can barely afford to make ends meet in the first place.

"If I were a police officer, I'd hate to be taking money from people all day long," Taibbi writes. "Christ, that's worse than being a dentist. So under normal circumstances, this slowdown wouldn't just make sense, it would be heroic.  Unfortunately, this protest is not about police refusing to shake people down for money on principle."

But as Matt Ford asks in a new piece for The Atlantic, the stoppage—whatever its motivation—still raises this key question: "If the NYPD can safely cut arrests by two-thirds, why haven't they done it before?"

The "human implications" of that question, he continues, are not insignificant, especially for those most impacted by aggressive forms of policing. He writes:
Fewer arrests for minor crimes logically means fewer people behind bars for minor crimes. Poorer would-be defendants benefit the most; three-quarters of those sitting in New York jails are only there because they can't afford bail. Fewer New Yorkers will also be sent to Rikers Island, where endemic brutality against inmates has led to resignations, arrests, and an imminent federal civil-rights intervention over the past six months. A brush with the American criminal-justice system can be toxic for someone's socioeconomic and physical health.
The NYPD might benefit from fewer unnecessary arrests, too. Tensions between the mayor and the police unions originally intensified after a grand jury failed to indict a NYPD officer for the chokehold death of Eric Garner during an arrest earlier this year.

Garner's arrest wasn't for murder or arson or bank robbery, but on suspicion of selling untaxed cigarettes—hardly the most serious of crimes. Maybe the NYPD's new "absolutely necessary" standard for arrests would have produced a less tragic outcome for Garner then. Maybe it will for future Eric Garners too.
Concluding his assessment, Taibbi describes what he thinks are the two issues that are central to what's happening in New York City and their relevance to a much broader conversation about race, policing, and other public policy questions for the nation as a whole. He writes:
One is an ongoing bitter argument about race and blame that won't be resolved in this country anytime soon, if ever. Dig a millimeter under the surface of the Garner case, Ferguson, the Liu-Ramos murders, and you'll find vicious race-soaked debates about who's to blame for urban poverty, black crime, police violence, immigration, overloaded prisons and a dozen other nightmare issues.
But the other thing is a highly specific debate over a very resolvable controversy not about police as people, but about how police are deployed. Most people, and police most of all, agree that the best use of police officers is police work.

They shouldn't be collecting backdoor taxes because politicians are too cowardly to raise them, and they shouldn't be pre-emptively busting people in poor neighborhoods because voters don't have the patience to figure out some other way to deal with our dying cities.
However, what Taibbi ultimately laments is that because the work stoppage, in his opinion, represents a self-interested gesture by the NYPD it will likely have little, if any, long-term impact.
Instead of shining a light on the broader issues he mentioned, Taibbi says, it will unfortunately be "just more fodder for our ongoing hate-a-thon" that plays out on cable news and elsewhere.

Sardonically, Taibbi signed off, "Happy New Year, America."

See also:
These are the articles that got me fired as a TGI columnist back in 2008.
Island Breath: The Nature of Police Patrolling 6/7/2008
Island Breath: The Kauai Police Department  Mission 5/18/2008
These are the articles that led to the ones above.
Island Breath: Kauai police need bikes not riot gear 4/5/08
Island Breath: Lingle Plan for Police State 09/22/07

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Building trust with police

SUBHEAD: Cops can get into a state of mind where they're scared to death and they panic and they act out on that panic.

By Steve Inskeep on 5 December 2014 for NPR News -
(http://www.npr.org/blogs/codeswitch/2014/12/05/368545491/civil-rights-attorney-on-how-she-built-trust-with-police)


Image above: A young man kneels before a line of Los Angeles police officers about to charge at protesters reacting to a grand jury’s decision not to indict a white police officer who shot dead an unarmed black teenager in Ferguson, Missouri. From (http://online.wsj.com/articles/what-it-felt-like-to-be-a-suspicious-black-teenager-1416956319).

[IB Publisher's note: Listen to this story at (http://www.npr.org/blogs/codeswitch/2014/12/05/368545491/civil-rights-attorney-on-how-she-built-trust-with-police).]

As a civil rights attorney, Constance Rice became known in the 1990s for, as she puts it, going to war with the Los Angeles Police Department.

Rice filed lawsuits against the department, mainly over their treatment of minorities in underprivileged communities.

Following the recent decisions not to indict white cops in the deaths of two black men — President Obama has said one of his top priorities is building trust between minority communities and local police.

Rice's time battling the LAPD, and specifically captain Charlie Beck, who is now LA's police chief, eventually led to a place where there could be trust. They worked together to reform the department.
Some of that change included LAPD officers going into projects to set up youth sports programs and health screenings, things that made people's lives better and brought police and predominantly black communities closer together.

Here are some interview highlights:

On use of police force on minorities:
Cops can get into a state of mind where they're scared to death. When they're in that really, really frightened place they panic and they act out on that panic. I have known cops who haven't had a racist bone in their bodies and in fact had adopted black children, they went to black churches on the weekend; and these are white cops. They really weren't overtly racist. They weren't consciously racist.

But you know what they had in their minds that made them act out and beat a black suspect unwarrantedly? They had fear. They were afraid of black men. I know a lot of white cops who have told me.

And I interviewed over 900 police officers in 18 months and they started talking to me, it was almost like a therapy session for them I didn't realize that they needed an outlet to talk.

They would say things like;
"Ms. Rice I'm scared of black men. Black men terrify me. I'm really scared of them. Ms. Rice, you know black men who come out of prison, they've got great hulk strength and I'm afraid they're going to kill me. Ms. Rice, can you teach me how not to be afraid of black men." 
I mean this is cops who are 6'4". You know, the cop in Ferguson was 6'4" talking about he was terrified. But when cops are scared, they kill and they do things that don't make sense to you and me.

On whether or not racism plays a factor in police force:
He doesn't feel like it's racism. The black community experiences it as racism, that's very clear. So what I'm saying is that for people who have to be in the business of solving this dilemma you have to be able to step into the frightened tennis shoes of black kids; black male kids in particular.

You have to be able to step into the combat boots and scared cops, and racist cops, and cruel cops, and good cops. You have to be able to distinguish between all of those human experiences and bring them together. On a single platform of we're going to solve this by empathizing. We're going to solve it with compassion and we're going to solve it with common sense.

On whether improving life in poor neighborhoods causes police to be less fearful:
Not only does it cause cops to be less fearful, it causes the community to embrace them. I have taken a group of 50 cops and the chief (Charlie) Beck let me train them.

I trained them in what I community partnership policing. The first thing I tell these cops is that you are not in the arrest business; you are in the trust business. We are going to train you in Public Trust Policing. It goes beyond community policing.

What it does is it puts police in a position of helping a community solve its problems. These cops come into the black housing projects and they said to these populations who hate them "We know you hate us, but we're here to serve. We're going to win your trust."



Darren Wilson killing Michael Brown

By Juan Wilson on 5 December 2014 for Island Breath - 
(http://islandbreath.blogspot.com/2014/12/building-trust-with-police.html)

There are several eyewitness accounts of how Officer Darren Wilson shot to death Michael Brown. Most of the details I have heard or read isolate detail of accounts to highlight conflicting testimony.

It seems to me the the conduction of the Grand Jury was quite unusual. setup with a deal. Eyewitness testimony was presented as being unreliable. One could only rely on the testimony of Wilson himself.

My opinion is that Wilson’s resignation was baked into the cake if he was not indicted. Anyway,

A good article in the Atlantic on the subject is (http://www.theatlantic.com/national/archive/2014/11/major-contradictions-in-eyewitness-accounts-of-michael-browns-death/383157/)
Brown attacked Wilson
Brown ran from Wilson
Brown had his hands in the air
Brown did not have his hands in the air
Brown tried to surrender to Wilson
Brown did not try to surrender to Wilson
What makes sense?

All of it might!

If one does not discredit the eyewitness testimony - and for the sake of attempting to find some clarity - one tries to sew together a narrative that makes sense  - then a whole new characterization of events might emerge.

Here’s one way of looking various details. I am only including actions between Brown and Wilson. Brown was with a friend but I have eliminated him from the action.

Wilson driving his patrol car came upon Michael Brown walking down the middle of the street. There was a police radio report about a nearby store theft by some fitting Brown’s description.

Brown was 19 but huge at 6’-5” and weighing almost 290 pounds. A physically intimidating individual to take on. Wilson was alone in the patrol car. As he neared Brown he made is service revolver available for immediate use if necessary.

Wilson in the patrol car, with is driver window down, stopped Brown walking in the middle of the street. Upon being questioned Brown gave the officer a wise-ass response. Wilson commanded Brown off the road. There was more back talk from Brown. As if to intimidate Brown Wilson showed the gun to Brown.

Brown told Wilson he was too much of a pussy to shoot him. Brown may have reached for the gun. Wilson fired the revolver, hitting Brown in the right shoulder. There was some blood in the car. Brown momentarily pulled back not knowing if he was badly hurt or not.

Brown did not want to be shot again. A struggle for the gun ensued. They wrestled for control. Wilson was punched. Without getting control of the gun Brown made a decision to flee and took off. Wilson makes a radio call that shots have been fired. Brown ran a short distance away as Wilson got out of his car.

Wilson yells at Brown to get on ground. Brown turned to Wilson with the gun pointed at him but did not get on the ground.  Brown may have partially raised is arms to surrender saying “I don’t have a gun.Stop shooting!”

He may not have been able to raise his right arm fully. Brown tucked his wounded right arm in his waist band of his pants. More shots were fired. His right arm was hit more times.

Brown realized he was likely going to be shot to death and decided to make a rush to stop Wilson from killing him. As he ran at Wilson another volley of shots hits Brown from a few few dozen feet away. One shot hit Wilson in the right side of his neck. After that Brown walked toward Wilson without menace.

Brown fell to the ground and onto his face. Wilson shot Brown through the top of his head.

I think Darren Wilson feared Michael Wilson on sight. His fear pulled the trigger...many times.

Conclusion:
Michael Brown may have been a small time criminal and a brutish thoughtless kid. Darren Wilson was not the person to deal with that. Darren was playing Grand Theft Auto Five with a real patrol car and real gun. He should have stayed in the basement with his XBox 360.

Darren Wilson should never again have a loaded gun in his hand.

See also:
Island Breath: KPD need bikes not riot gear 4/5/08
Island Breath: The Kauai Police Mission 5/15/08
Island Breath: The future KPD we want 5/28/08
Island Breath: KPD alternatives to patrol cruising 6/7/08
Island Breath: TGI column cancelled by KPD 6/18/08


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