> Should you encounter, at some point in your life, a situation where a police officer is pointing a gun at you, you will do whatever the fuck they are telling you to do. That's the grim reality.
I'm not sure if that's grim, though; don't most people want it to be exactly that way? We grant the police extraordinary power and some amount of immunity on purpose.
Honestly, I live in a country with 4 times more homicides than the US after adjusting for population. Our laws state very clearly that the police does not get much extra immunity either (although, corruption gets in the way there), and our courts have no trouble at all to discard any piece of information the police acquires while they have a gun pointed at somebody's head.
I really don't understand how the US justice system works the way it does.
The police in the US can point a gun at you and get you to comply, but if you think the courts are going to accept evidence collected while that gun is unholstered, then you definitely don't understand the justice system here. That's probably the single easiest win for a defense attorney in court.
Yes, a police officer is considered an officer of the court [1]. His exposure to consequences for lying is higher than the average citizen under oath. Given two conflicting statements that cannot be resolved with evidence, it isn't a surprise that the judge is going to defer to the cop.
It should be surprising that they defer to the cop. That's basically assuming that one is guilty without proving it. At a minimum, it should objectively provide reasonable doubt.
I have an experience where a trooper lied to the court twice and I have evidence to back it up. Nobody cares. I tried a the ACLU (bigger fish to fry), a complaint with the department (they counseled him and made the excuse that they have a lot of new guys at this station), I wrote my state representatives multiple times (no reply, except for one, which was a form letter not even applicable to my scenario), we tried the DA's office (they participated in multiple rights violations), we tried the DoJ for civil rights violations (no updates for about 6 months), we submitted complaints against a magistrate and a judge with the board of conduct (no updates and over 6 months), we submitted complaints against the ADAs who participated in incompetent or misconduct to the Bar (was told they only investigate prosecutors if the court formally determines there was prosecutorial misconduct), talked to an civil rights lawyer (was told it was a violation, but the courts don't care unless large monetary damages were involved), and talked to an investigative journalist (ran a story similar to this but said to keep him posted if I find anything explosive).
There's literally nobody to turn to. Almost every person involved in the system made mistakes or misconduct during the process (cop, 2/3 magistrates - 3rd was arrested for an unrelated matter, the judge, 2 ADAs, etc). I have absolutely zero faith in the system.
Are you talking about a judge, or a jury? An officer of the court is compelled to tell the truth, under oath or not. A jury is not required to give an officer of the court any more weight than they give to anyone else.
The trooper lied to "the court", twice. It was a bench trial. Both lies took place in front of the magistrate with no jury present. I have documentation that shows the statement were factually incorrect and that for one of those statements he said the opposite a few minutes beforehand and the evidence supports the out-of-court statement.
Following this conversation, it reminds me of the film 'The Chicago Seven' regarding the problems within the court, and the judge's inherent bias for the officers.
Well, the downside of calling them judges is that sometimes they make a call we don't agree with. Maybe legitimately, maybe not. But it isn't necessarily evidence of a systemic problem, even if it is entirely unjust for you.
What does that have to do with a cop lying in court and continuing to be a cop after that? Judges won't be able to make just decisions if lying cops are allowed to continue to be cops. Allowing garbage-in-garbage-out seems like a systemic issue to me.
Judges generally aren't involved I'm the removal of an officer. That typically happens via IAD, and even then the union tells them to resign so the IAD investigation ends and they can just go to a different department.
Do you mind just explaining in simple terms what actually happened? I'm not really following. Do you have a hidden audio recording of him outside court or something?
The situation would require a book, but here's the simplest I can do, yet it will miss many of the more detailed legal points and citations.
My wife an I both witnessed him say he was amending the charge because he made a mistake. He then went into the court and told the magistrate he was amending the charge to "cut us a break". The magistrate then issued a continuance (instead of dismissing if he knew the true reason). The incorrect charge carried pretrial restriction only found under that charge and the trooper knew that the charge was incorrect for about 6 weeks. State law only allows amendments if the rights of the defendant were not violated (there were 2 other rights violated later, and multiple procedural mistakes too). Subjecting someone to pretrial restrictions under a charge that is known to be wrong is unusual punishment and also a violation of the state constitution. So it would require dismissing the case. We found proof supporting this in the trooper's later testimony where he stated that he knew it was incorrect for those 6 weeks, yet held it against us anyways. The IAD investigation found that he did tell us the correct thing and then told the court something wrong 10 minutes later. The report said it was a "misunderstanding", without any details or explanation.
Later he claimed that a picture he introduced in court was in the investigative file "since the beginning", yet it was not furnished to us when we subpoenaed the file. Another IAD investigation found that the picture wasn't placed in the file until a later time. The magistrate did not throw out the picture because he thought we had access the whole time and we didn't have access to that IAD finding until after the trial (not sure if I trust this or they were covering). Furthermore, the picture was exculpatory evidence under the incorrect charge and should have been furnished to us regardless of the subpoena. So much for Brady...
He made 2-3 other factually incorrect statements that I did not have hard evidence of (just our word against his). These included things like changing his story in a contradictory way. We did have a recording of his testimony and a phone call with him (both consistent with law).
The complaint process also treated us adversarially, which is a violation of feral policy (hence complaint to DoJ). The state police claim they can knowingly hold incorrect charges against people.
Why do US people always put so much emphasis on never talking to the police?
Are you talking only about evidence literally gathered with a gun pointed to your head? If, so, well, my comment wasn't that literal. As a rule, if you have any chance of becoming a suspect, the police here will refuse to interrogate you without your lawyer around, because listening to you can jeopardize their work.
> Why do US people always put so much emphasis on never talking to the police?
There are two classes of damages police can enact on you in the US, both of which makes interacting with them in any capacity dangerous.
The first class is that they can completely ruin or end your life. This includes anything from killing you, leaving you with lifelong injuries or stress disorders, felony charges, etc. Anything that permanently scars your enjoyment of life.
The second class is non permanent, but extremely inconvenient damages. These are very common, take little effort or thought on their part, and ranges from impounding a car, charging you with a misdemeanor, harassing you, taking large sums of cash from your person, disturbing your house or belongings, trespassing you, holding important belongings or documents as evidence, etc.
Either of these classes of damages can be the result of an interaction with police, stemming from saying the "wrong thing", "acting nervous", "acting suspicious", being in the vicinity of a possible crime, being accused of witnessing an event, being too close while they are conducting police business, "making them feel uncomfortable or unsafe", being the victim of a crime, etc.
Each time you speak to police, you risk a chain of events occurring that result in one of these two classes of damages. It's just not worth it. They aren't worth talking to, given some of the possible outcomes.
Why do US people always put so much emphasis on never talking to the police?
Basically if you don't interact with police at all you can't have bad (or good) interactions. Since there are lots of things (race, wealth as indicated by clothing or vehicle, someone having a bad day, ticket/arrest quotas, etc) that can make interactions worse and few that can make them better it's often easier to just avoid contact.
Personal example: I'm doing laundry at a laundromat following the tragic death of a washing machine not long ago. On a recent Sunday night the attendant appears to have quit sometime in the afternoon or early evening (note on the counter "back in 2 hours" but clearly gone much longer than that). I cleaned up the place a bit while my stuff was in the dryer, but since I was the last person there and it was after their last load (and no answer on any of the numbers on the call list behind the counter), I called the local police to see if they could have patrols keep an eye open overnight. I felt fine doing that as a late middle age white guy in whitebread suburbia, but if I was a 20something minority? I suspect the wisest move would be to simply finish my laundry and leave just like I would any other visit to the business.
Can't tell if this is genuine bewilderment, or just more of the usual "USA is full of dangerous murderers" meme to dunk on the country as a whole, but just in case:
The USA has 4.96 murders per 100,000 inhabitants. 93rd in the world out of 230 countries or territories, below the global average of 6.2 and well below the average in the Americas of 16.3. It's also below the African average of 12.5.
CAF and Puerto Rico are the major territories with a figure closest to 4 times the US, and Puerto Rico is 20th on the list. Higher than Puerto Rico are 18 territories in the Americas, and 2 in Africa.
Of the 10th most populous countries in the world, the US is 5th and lower than Brazil, Nigeria, Russia, and Mexico. However, it _does_ have the highest rate of the 3, 4, and 5 most populous countries (Brazil is the 6th most populous, and with a murder rate of 27.38, more than 5 times the US rate).
Of its neighbours, Canada's figure is 1.7 (lowest in the Americas), while Mexico is at 29.07, 13th highest in the world.
In the Americas, only 4 countries or territories have lower rates than the US: Chile, Martinique, Aruba and Canada. On the other hand, 45 other countries or territories have a higher murder rate.
My own country is at almost 6 times the US rate, too, btw.
Yeah, if you want a soundbyte explanation of why the US is a carceral state (which it really is), then it's because we have the expectations for law and order of a small Swiss village, but the criminality of a Brazilian port city (exagerrated for humorous effect, but not really).
That schizophrenia between demands for law and order, and the reality of law and order, is why we lock so many people up and have fairly tough policing.
One option is to accept that hey, the government can't really stop all this crime, so let's not investigate or prosecute that much. This is the approach taken by the latest crop of liberal DAs. And it's been a disaster for local communities.
That's also when you start seeing stores with their own armed guards, and armed gated communities as the wealthy privatize security for themselves -- and the poor are subject to a lot of violence. I remember visiting the Phillipines and seeing men with shotguns outside basically normal stores and in shopping malls.
But hey, you don't have government jails filled with people and the police are a lot less visible. So, there is an upside, it's not necessarily a bad approach as long as we are willing to tolerate private security engaging in private violence against criminals.
But what you can't do is pretend that we should have Swiss levels of incarceration while at the same time having a much larger criminal class and a completely different society.
Fun Fact: In Switzerland, if you leave your windows open during the winter, people will call the cops on you (for wasting energy). It's a much more rules-following society that would drive most Americans nuts.
This phrase omits the key issue: Crime, physical abuse, and political suppression by the legal system (including law enforcement officers), unrelated to reducing crime. When police arrest or shoot, DAs prosecute, and courts jail innocent people, it doesn't reduce crime. And criminalizing harmless activity, such as using marijuana, increases crime (including by creating a black market) and does nothing for public safety.
If we're going to be 'tough on crime', why aren't we tough on people in power or on ethnicities with power. How is that related to reducing crime?
> One option is to accept that hey, the government can't really stop all this crime, so let's not investigate or prosecute that much. This is the approach taken by the latest crop of liberal DAs.
That's not the approach, only the false characterization by political enemies. The approach is that the behavior I described above has nothing to do with reducing crime; it is criminal and should stop (this seems so obvious that it doesn't bear explanation). And that mass incarceration hasn't worked - the war on drugs was ineffective (and arguably a means of political oppression of minorities) - damages communities socially and economically (when large segments lose parents and felons are unable to work productively), and of course is harmful to its victims. let's find out what works and implement it.
Some things that work to reduce drug crime are sites where people can obtain and use drugs safely, decriminalization of drugs (especially harmless ones such as marijuana), and treatment of drug addiction as illness (which is what is already done to drugs for wealthy people). Also, providing services to young people, including activities, quality schooling, mental healthcare and counseling, as well as means for a hopeful future, do a lot to reduce crime.
> And it's been a disaster for local communities.
Do you have evidence of that? Crime is generally at generational lows, though shootings have been up during the pandemic. Can you show a correlation between these new approaches and increased crime?
Critically, people in those communities don't agree: They've long asked for these approaches and vote in large numbers for these DAs. It's people outside those communities that, bizarrely, try to overrule them and impose these things on them. That looks like political oppression to me; what other business do these outsiders have?
The US intentional homicide rate per capita is ~5/100k. Many countries are much higher. Venezuela in comparison has a 7x higher murder rate. El Salvador leads the world at 10x the US murder rate.
I guess I wasn't clear enough with my comment. I was talking about US citizens. We have exactly the police we vote for, every single election. Yes, there are loud people online who wish it wasn't so, but when people get into the privacy of the ballot box they reliably vote for "law & order".
I don’t remember voting on laws related to police immunity or them carrying weapons or anything allowing them to act as if they have a permission to kill.
Could you provide some examples of anything on the ballot that influenced police behavior?
That is entirely dependent on your local voting system, not every place in the US has citizen initiatives on the ballot AFAIK. But it's a representative democracy anyway, so you vote for polices by who gets your vote.
Sure, a lot of people just vote party line. But a lot of local elections are non-partisan.
The people do not choose to have one option. The candidates decide to run or not!
Have you ever belonged to a club or nonprofit or something? Often they are begging people to run for office unopposed. If nobody wants to, you can't force them. People who do want to, eventually get tired or die and then it can be kind of a crisis to find a replacement.
It's similar in small local political races. If you don't vote every year, you might not have noticed?
Sometimes the incumbent goes unchallenged, and sometimes there is a challenger that is obviously not serious, but at the same time, the incumbent has a lot of murky dealings and connections that make it hard to have enthusiasm.
I only vote if there is a choice, but the "choice" is usually the incumbent in a de facto one-party government.
> Have you ever belonged to a club or nonprofit or something?
Yes, I have. Actually I'm part of the founding team of a nonprofit engaged in developing software to make parliamentarians' voting behavior transparent for their constituency.
Voter apathy is a depressing fact I'm confronted with almost every day. The sad truth is that many people ... simply don't care. The reason we founded votelog is to make people understand what their representatives are up to and make better decisions.
> If you don't vote every year, you might not have noticed?
I try to vote as often as I have the chance to and cherish everyone participating in an informed way in our democracies. Unfortunately for many people, voting is not a duty to be fulfilled but a right to be enjoyed. Just having the right is enough for them.
I guess I'm a bit jaded because I still haven't found out how to make them care to actually fulfill the duty.
I absolutely agree. To me, these are two sides of the same coin; candidates are recruited from the pool of voters and since the voters are not interested anymore, there are fewer and fewer candidates.
I struggle to understand why.
I have some idea that this because things nowadays happen so far away - as in; I hear news and happenings from the capital - but people usually don't have the means to influence these happenings, they learn to just not participate. Maybe?
I'm not sure what you think this line of discussion was about, but having a cop point a gun at you because he thinks you are possibly in the process of committing a felony is not a misuse of police power.
If he beats you up after you are compliant, then we are talking about abuse. Forces you to confess, abuse. Any unnecessary roughness while you are in custody (e.g. The Ride), also abuse. But if he legitimately suspects you are committing a crime and asserts his control to stop it, then he is merely doing exactly what we (society) have paid him to do. It only becomes a problem if he abuses that power after control has already been gained.
>having a cop point a gun at you because he thinks you are possibly in the process of committing a felony is not a misuse of police power
That's hardly something that everyone believes without qualification. I'm not saying you're right or wrong, just that I perceive a social context where it is normal to consider it a potential misuse of power depending on various factors.
For instance, suppose you were stopped and had a gun pointed at you because you resembled someone involved in an armed robbery, but it appeared they had little more to go on than race and gender.
You'd agree it's a fact that some people have perceived a situation like that, as victims, right? And if it was as they perceived, and a pattern, wouldn't it then be correct to consider it an institutional misuse of police power?
One thing to consider is that pointing a gun at a person is not harmless. It carries a risk of inadvertently discharging the weapon. How many times have you heard the admonition to not point a gun without the intention to shoot?
Accidents happen, and sometimes make the news, especially when the officer says they thought they had their taser. Pointing a gun is also a threat that suggests the victim might be shot with impunity. Statistically, there are probably people who have heart attacks or strokes due to the stress. Even if most officers are professional and trustworthy, there's no way to know in such a situation before the outcome.
Having a cop point a gun at you because he thinks you are possibly in the process of committing a felony is reason enough for suspension in many European countries like Germany and Switzerland, for example.
I know that this discussion is about US law, but I want to add this here to put in perspective how skewed law enforcement regulation is in the US.
Much of what's perfectly acceptable in the US would be considered abuse of power in Europe. Such as pointing a gun at someone just because that someone could possibly be in the process of committing a felony.
> [D]on't most people want it to be exactly that way?
The people who are not having police encounters with any regularity, who aren't drawn on when they do get pulled over, who perhaps have property or other reasons to be invested in the status quo, often want things this way.
The people on the wrong side of the gun feel differently. Giving cops lethal power does not create safety. It shifts around what the danger is and who is in danger.
American society created this situation because of its obtuse laws, which give anyone the power to carry guns. In this scenario, police is also forced to have guns and to assume that anyone can have a gun. It is a spiral to hell.
I agree 100%. As someone who owns guns, I don't want to have them taken away. But I don't want criminals to have them. Personally I would give up mine if everyone else did, including the police, but that isn't going to happen. And at this point there are so many guns in the US that I'm not sure what a realistic solution is. Even if we could get past the politics, mass confiscation would probably be ineffective (to make it work would require the use of significantly more force than US citizens will accept and far more police than we have, or near universal compliance).
I have no idea how things really work in e.g. Switzerland or Israel, but one can imagine a stylized regime where every healthy adult undergoes military training, serves for a period of time, learns to use a rifle which they keep, and all other guns are heavily restricted or outlawed, especially handguns. And the rest of the military can be dispensed with.
And then, stringent training can be mandated for drivers too! Just make simulators of the quality used for pilot training and require people to pass difficult tests where they react to unexpected events while driving.
This cliché bugs me, because it is repeated so much, and it is generic - you can say "if you make X illegal, only criminals will have X" about anything and it's just as obtuse.
Making something illegal for law abiding citizens is the point!
When someone (either in authority or anyone) sees a person with X, and it's legal, then they don't know if it's a criminal or not without further investigation.
When they see a person with X, and it's illegal, then they do know it's a criminal. This is an enormous advantage to enforcement, if that is the goal.
Obviously you can, and many people do, make arguments based on crime statistics that outlawing guns works, but I prefer a logical approach.
It isn't obtuse. Maybe you could try making your argument in a less inflammatory way, and those with a different view from yours could see if there's a way to understand one another?
You seem to be objecting to both the tone and the actual meaning of the word. Since I stand by the meaning, perhaps there is a better way to express it. But if you still disagree with the meaning, perhaps you could elaborate.
A phrase I've seen on HN is "thought terminating cliché". Would that be a better way to express my opinion, by calling it that?
You are interpreting the phrase specifically in a way as to make it a tautology, rather than responding to the "strongest plausible interpretation" as required by the site guidelines.
Currently both anti-social and pro-social individuals possess firearms. If possession of firearms is criminalized, those who tend toward pro-sociality will give them up disproportionately. Such a policy would therefore tilt the balance of power toward those with anti-social inclinations. This is a bad outcome.
I didn't mean to express that the outcome was good or bad.
And I don't take a position on whether the authorities are grouped with the "anti-social" crowd. Some people would say they are.
Purely for the sake of discussion, I presumed the conceit that there is a "justice system" which is "pro-social".
In that context, it seems clear to me that criminalizing things is a very useful tool.
If you reject the premise, you might be perfectly correct, yet I would still expect people to be addressing those who believe there is a "justice system".
Surely all sensible anarchists can imagine believing in "law and order", and assume that a random person probably does?
Even if one doesn't believe there is a justice system, one might believe there could be. I automatically assume anyone who wants to discuss topics like crime and justice believes in the concepts.
The judgement "obtuse" comes with the sense I have that the context is otherwise violated.
I do not disagree with you, and I don't see that you disagree with me. The majority of people prefer the status quo. That strikes me as a tautology.
We're up to something like 1/3 of the population having some kind of criminal record, though, so the balance could tip in the coming years. The culture wars we are experiencing right now may be a manifestation of that.
Maybe there are two different concepts of "prefer".
The status quo is likely to always be some sort of local maxima/minima.
So most people may prefer it to most available small changes, but most people may prefer a large change if there was a way to get there in a coordinated way.
If people can make small changes independently to get to a better state, what accounts for them not doing so?
I can't believe it if I can't imagine it, and if you think it's possible, you should share how.
I think this is a dispute over semantics. It's not very productive to argue whether something is true or false when people define terms differently. Better to explain how you define them.
I disagree with you that it is a majority (perhaps a slim one but I doubt it), or that that would be meaningful. The reality we are discussing is, indeed, a grim one.
This whole 250 comment thread is basically people discussing what they'd do or what you should do when finding yourself in a police encounter. My counterpoint is that none of that discussion actually applies.
As for most people wanting it that way, I think it is because most people have not actually encountered it. They want it in the abstract, likely not so much when it happens to them. Kind of the classic...the people who want wars typically don't want their children in those wars.
I agree with you, everyone wants the cops to be be all powerful, because everyone assumes they will never be on the business end of that gun.
It's basically the same advice Dr. Phil gave, and just about the only advice of his that ever resonated with me. Some people get it, some people don't, and when the cop is putting his boot on your face you aren't going to back talk. People fantasize online about all the things they will do in such a situation, but only people who have a good bit of experience with cops are going to be comfortable enough to talk smack to them.
And frankly, for most of us, "don't ever talk to the police, never, never, never" will actually lead to worse outcomes on average. The trick is to recognize when you should follow that advice, and when you should not. Sometimes it's obvious.
The danger is that the policeman in question may not be all that interested in the truth of the situation, only in catching a "bad guy". So even if you are innocent they may assume you are guilty and look for anything at all that would get a conviction.
You might think that the courts would sort this out, since the cop obviously won't have any solid evidence, but it turns out that they don't have solid evidence in a great many cases and still manage to get convictions. The truth matters less than the system, and the system is designed to put people in jail.
This is a very USian take. There are many countries in the world where people aren't scared to death when police come knock on their door. There are many countries where police officers are actually scared of using their weapon. In these countries it helps to know the law and how to deal with these situations.
Yep. Where I live it's very rare for cops to use their guns, and when it happens, you hear about it in the news. And if it wasn't just a warning shot to the air, you're going to hear about it again when they try to find out whether the gun use was justified.
I'm guessing that where you live, guns have been effectively outlawed. Imagine arming your citizens to the teeth, what affect do you think that would have on your police?
In the US there are almost no significant repercussions for any actions taken by a police officer whether correct or not. See also "qualified immunity," where things can happen like officers literally stealing from a crime scene and the victim having no recourse because there's not a previous decided case with exactly that scenario within the same jurisdiction.
If every time you fire your weapon you are brought before a review board that treats firearm discharge as a serious matter and may lose your job if you acted in a panic or without reasonable justification then it's going to make you think twice about blasting that perp that maybe twitched his arm when you told him to hand over his driver's license and registration.
If you define "most people" as the people with the most economic power, then yes, because the police are their enforcers. Then you have middle-class types who have been inundated with pro-police information for their entire lives, and who usually aren't on the business end of the gun. Most of them are on board too, obviously. But you're still missing some very large demographics there.
> But you're still missing some very large demographics there.
Quite possibly. But the cold truth is that the only people who matter at all are the ones who show up to vote. And yes, "most people" is literally defined as everyone with enough economic power that they aren't forced into a life of crime. That's by far the majority.
I'm not sure if that's grim, though; don't most people want it to be exactly that way? We grant the police extraordinary power and some amount of immunity on purpose.