Police Misconduct

 Law enforcement is an institution that holds immense power—the state’s monopoly on the use of coercive force is placed in the hands of law enforcement. The public has created institutions of law enforcement that everyone must rely on in the most dire of situations. With such power comes a responsibility to the public: persons serving in law enforcement must act with honesty and transparency. In return for holding the public’s trust and the power to use violent force, law enforcement personnel have obligations. The public should be able to trust in the assumption that those of us who are docile and without armed protections can rely on law enforcement to serve and protect our communities. 

Yet, in the event that we feel we may be in grave danger, it has become more of a liability to civilians to rely on law enforcement to protect us. We are harassed by the same people we sought to protect us. We are arrested for (non-existent and unconstitutional) “crimes” of insulting the ego of police officers. We are murdered in our own homes by the hands of law enforcement, who we called to keep us from harm, whose hands we put our lives in in exchange for protection, and then made out to be a “crazy fucking bitch” when we are literally executed in a situation where we felt we could banter with these people as normal human beings.

Some may say these claims are far-fetched and anti-police. The reality is that these are occurrences that are unnervingly common. The question is, how did we get to this point? Law enforcement officials are required background checks and references, meaning the public should generally feel secure in the choices the Police Department makes when it comes to hiring police officers. As previously mentioned, there is an assumption that law enforcement has the responsibility to the public, the very people they are hired to serve, of trust and transparency. But what happens when an officer exhibits bad behavior, questionable tactics, and overall reveals themselves to be a danger to the public? Does the police department have a duty to the public to disclose such information?

The easy answer to that question is, yes. Law enforcement has a legal duty to report legal misconduct by a police officer to the department, which should force the department to either act to reprimand, or rehabilitate said officer, ensuring no other misconduct continues. The unfortunate reality is that often these procedures are not followed as required. When they are not followed, dangerous misbehavior falls through the cracks. Rather than addressing issues that can be corrected so that the public maintains the feeling of safety and trust we should have in police officers, misconduct is not reported and results in dangerous individuals choosing their position of power over protecting the safety of the public. This is all too true in the case of officer Sean Grayson and Illinois resident Sonya Massey.

Sean Grayson, a former officer who worked for the Sangamon County Sheriff’s office, worked at four different police departments before executing Illinois Resident Sonya Massey in her own home. Before landing his position at the Sangamon County office, there were multiple allegations of misconduct that had gone unreported that allowed the former officer to freely transfer from department to department before his final fatal act of the shooting of Massey. Grayson successfully switched police departments after an unlawful arrest of a citizen who he lied to about a warrant for their arrest (which never existed) in order to illegally arrest him, leaving the civilian with to deal with the repercussions of unfounded allegations that left them with months of legal fees, missed work, and a community completely derailing his reputation. Grayson’s misconduct was never reported nor questioned, leading to the fatality of Sonya Massey.

Unfortunately, the lack of transparency between police departments is not uncommon. Law enforcement seems to be more concerned with protecting their “brothers in blue” than executing the mission they were hired to complete, which is protecting civilians and the general public. Government agencies do not set high enough standards to report police misconduct, or bring consequences to police departments who blatantly disregard the responsibility to their agency and to the public to report misconduct to prevent loose cannons from pointing a gun at your face because you said something they didn’t like. The same people who are paid by the public to protect the public ultimately have free reign to do what they want, when they want—and to shake things up, we give them a gun to solidify the power they already assume they have over everyone else who is not part of the kinship we call the police department. From start to finish, law enforcement needs to be deconstructed to be reconstructed to serve the people in a way that does not make us fear for our lives when we need help. Transparency in police misconduct is paramount to prevent officers from misbehaving and transferring unscathed from one department to another. There needs to be consequences for departments that have knowingly withheld legal misconduct of police officers to prevent another unnecessary, unjustified death of an innocent person. Although we cannot change the past, we can choose to force law enforcement to not only take accountability, but correct behaviors that could lead to fatalities—such as the unjust murder of Sonya Massey.

Our blissful ignorance of secrecy within law enforcement cannot continue.

The public is at risk. 

Our complacency in allowing law enforcement to hide misconduct about the same individuals who use their badge as a shield to do whatever they want is a detriment to society. 

The public is at risk. 

The very people who are paid by us to protect us are clearly not feeling a sense of responsibility to us to keep us safe.

The public is at risk. 

Doing nothing to help create policies to ensure law enforcement is not abusing their power puts the public directly at risk. This is inexcusable, unfathomable, and desperately needs to change. 

Sources:

Farrah Anderson, S. S. and D. O. (2024, September 17). Holding police accountable. Illinois Times. https://www.illinoistimes.com/news-opinion/holding-police-accountable-19035307 

Farrah Anderson and Sam Stecklow, for I. I. and the I. R. W. (2024b, September 13). Deputy charged with murder had issues during previous employment. Illinois Times. https://www.illinoistimes.com/news-opinion/deputy-charged-with-murder-had-issues-during-previous-employment-18843001 

This is more like a formal essay or editorial than a casual one-hour writing exercise to do a personal reflection, but that's fine.  Perhaps you are just someone who has collected her thoughts and considered what needs to be said on this issue.  It seems clear that police departments that had hired Mr. Grayson had a legal and ethical duty to report his misconduct and problematic behaviors to a state database, and this information should have been available to the Sangamon County Sheriff's office when they were making the decision whether to hire Mr. Grayson.  It also seems that the Sheriff's office had not adequately created a culture of service and respect for civilian civil rights, as the body-cam footage from the murder of Sonya Massey shows that the officer did not stop Mr. Grayson's escalation of the situation.  Also, Mr. Grayson had been through sixteen weeks of extra training after being hired by the sheriff's department, and evidently the training did not allow his trainers to spot his problems, nor did the training correct his problems. 

    In addition to the Illinois Times articles you've referenced, I'd like to add some links to websites that may be of interest. 

The Marshall Project's articles about police accountability. 

The Henry A. Wallace Crime Public Database run by the Police Integrity Research Group. 

The 2015 report on the investigation of the Ferguson Police Department (Department of Justice Civil Rights Division)

For information on how to file a complaint and what federal laws may protect people from local law enforcement officers, consult the Civil Rights Division of the Department of Justice.

On a personal note, someone in my family worked at the federal law-enforcement level for some years, and basically did two types of tasks: intercepted and interrupted the importation of controlled substances into the United States; and he organized and took part in operations to arrest corrupt local police.  Later on, this person may have participated in other activities outside the United States corresponding to some of these roles. I have had conversations with this person about his opinion of local law enforcement, and my impression is that he has a very low opinion of the quality of local law enforcement and the way local police and sheriffs may violate the rights of citizens. He's a strict "law-and-order" sort of person with very high ethical standards, but he is not a knee-jerk supporter of police; in contrast, he is suspicious of local police and always ready to question and doubt their claims. 

Local police shooting of man suffering from mental illness inspires student reaction

  On March 5^th of 2021, police in Chatham, Illinois, responded to a call that a mentally unstable man was wielding a knife. During the interaction, the police officer shot Gregory Smalls, leaving the 30-year-old black man in critical condition. This senseless tragedy, which took place a stone’s throw from our own community in Springfield, illustrates the desperate need for reform in law enforcement policy and practice.

One policy that I think should be implemented to prevent similar tragedies involves adding a mental health department to the police force and changing how officers are outfitted during routine patrols. Police officers are armed with guns but sorely lacking in the kind of training needed to deescalate volatile situations. While police officers do face danger situations, most of their interactions in the community would be better served by providing them with nonlethal means of subduing suspects. Instead of ready access to guns, police should be outfitted with Kevlar protection to minimize their risk. Possession of a gun does not actually reduce their risk; if their assailant has a weapon as well, they have no protection against the bullets. Thus, having a gun available in the vehicle as a last resort and body armor for protection is likely to result in less danger to both officers and suspects.

However, no amount of body armor can provide the kind of training that would enable them to handle situations such as Gregory Small’s. Instead, trained social workers or other mental health professionals should be available to respond alongside their militant counterparts. If someone had been present who had knowledge of mental illnesses and how to resolve conflicts safely, Gregory might have ended the night in a mental health facility, getting the help he needed, rather than in critical condition in the emergency room.

However, I also think that police training needs to focus on serving the community and bringing suspects to justice rather than the current mentality they seem to express, that of viewing members of the community as potential criminals to be uncovered rather than citizens who deserve respect and protection. Another important element to include in this new training is anti-bias education. I believe that many police are unaware of the implicit biases they hold that cause black citizens to be targeted and incarcerated at disproportionate rates as compared to their white counterparts. 

As a member of the African American community, the discrimination rampant in our criminal justice system is a source of anxiety and fear for me. Although I am lighter skinned and rarely experience being targeted by law enforcement, I have a family that is not. My brother, my nephews, and my cousins all have darker complexions, more obviously African hair textures, or both, and each news article reporting the assault or murder of Black citizens fills me with fear for my loved ones, and empathy for the survivors. Although being a target is rare for me, I too have been singled out by police in small rural towns. Black Americans face discrimination in many forms, and one of the single best ways America could show its commitment to ending racism would be to take decisive steps to prevent more black deaths at the hands of police. 

It needs to be said: the treatment your brother, nephews, and cousins have experienced is wrong, and we should not accept it, and law enforcement professionals who care about their mission of protecting the public and the Constitution should also not tolerate this.  You have been singled out by authorities because of your background, and that is wrong.  

The situation of Greg Small, Jr. hits close to home.  He and his brother and dad were active in the Scout Troop I've volunteered with, and my sons camped with him and his little brother on many occasions. 

There are a variety of biases that come into play in police interactions with persons who experience mental illness and also have African heritage. Anti-bias education that is based on good scientific evidence that it can reduce bias should certainly be part of training and professional development for law enforcement personnel. I think we also need to change the way police create a professional self-image.  If they had more focus on "protect and serve" and a deeper ideological commitment to public safety, I think that would help. Other goals and ideals seem to be too powerful in may law enforcement sub-cultures.

Here are some good articles about this issue:

https://policy-class.blogspot.com/2023/04/reaction-essay-on-child-poverty.html

https://www.wandtv.com/news/springfield-police-department-begins-new-co-responder-initiative/article_76c8a624-9774-11ed-98f3-8b6e05363ae0.html  and https://bja.ojp.gov/funding/awards/15pbja-21-gg-04324-ntcp describe the new initiative in Springfield, Illinois

Peoria is doing something similar: https://www.wcbu.org/local-news/2022-02-14/peoria-police-unitypoint-mental-health-staff-could-respond-to-911-calls-together 

Here is what is going on in Nashville, TN: https://www.nashville.gov/departments/police/executive-services/alternative-policing-strategies/partners-care 

Eileen Molloy Langdon wrote an article about this for an Illinois law-enforcement trade magazine (see page 12: https://www.ilchiefs.org/assets/Command/2020_November_Command_FINAL_optimized.pdf 

VICE did an article on this a few years ago: https://www.vice.com/en/article/y3zpqm/these-cities-replaced-cops-with-social-workers-medics-and-people-without-guns  

A student is fed up with discrimination

Throughout the last few weeks, in most of classes, we have been talking about the unfair treatment of African Americans in America today. In particular, the classes have been discussing the over incarceration rate of African Americans in prisons compared to White Americans along with police brutality issues. This is a very significant issue in todays society, and is one that makes me very upset because the inhumane treatment of Americans still happening in 2020 is just not right. Hearing the facts about how African Americans were treated in the 1950’s time period, and surrounding time periods, and how similar they are being treated today in some areas is just dumbfounding and infuriating to me. 

I feel as though there needs to be more restrictions and a stronger watch on certain states where authorities are still blatantly discriminating against people of color. There have been states in the past few years, and possibly still this year, that have laws and actions in place to prevent people from voting at polls during election times and going into certain parts of town because of police brutality. There are states and cities all over the country that have areas where police brutality is a major problem, and these places are allowed to get away with this brutality without any consequences. There are areas where police get away with using excessive force on certain people, simply because those people have Black/dark skin. The police claim that Black people who even ask why they are being pulled over are resisting and therefore using unnecessary force and get away with. Police also harass and pull over Black people more than white people simply under the excuse that the Black person was “suspicious.” Many cops also have a tendency to pull a gun more often and sooner when dealing with Black people, regardless if they are kids or adults, than they do or would with white kids and adults. This is not right that in the county that takes pride in its citizens having freedom, a large percentage of its population lives in constant fear of those who are supposed to, and swear to, defend and protect all Americas from harm and danger. 

I believe that the federal government should step in and put a stop to this brutality and racism, as it is infringing on these people’s lives that are being affected by it. Innocent people are still dying because of their skin color, or at least experience violence in some form or another, and this is a huge compromise to their safety. If state’s government won’t do anything to stop the racist actions still happening, or worse are even the reason for it, then I think the federal government needs to implement policies and actions that will stop these practices from being allowed. I also think that society as a whole needs to grow up and move on from the old ways of thinking, and stand up for the injustices that are taking place and realize that all lives matter. No one should die or be hurt because of their skin color, and even more is the fact that in the land of the free it should not be tolerated and allowed to still continue happening. I also do not feel that white people should be allowed to get away with claiming self-defense when they have murdered an innocent Black person, including the cops who shoot and kill unharmed people because they were black. The laws and biases that allow for a grown white person to claim he shot and killed a black child under self-defense because the white person felt the kid was “dangerous,” even though he was unharmed and minding his own business, and got off with this claim even after a police dispatcher told him he needs to leave the kid alone is just not right. 

For me, knowing that kids are not getting a good education, if any at all, because of their skin color, and are instead being thrown out on the streets or straight into jail is just not humane. America is still abandoning its own kids because of a centuries old thought that skin color makes someone a monster and not a human. The prison systems are overflowing with inmates, most of which are Black Americans, as a result of the system that is currently set up to help White American kids and adults succeed but make Black American kids and adults fail. The system from the bottom is still racist in way to many areas of the country, and is designed to make Backs fail and therefore push them towards a life of crime and prison. In 2020 America still suffers from the same problems that it had 100 years ago, even after all the progress that has been made and all the fighting for the rights of blacks over the last 50+ years. It is time that it stops, and I truly hope that enough people will it see it this way and stand up for what is right; even if it is only little by little.

Comment

Around the time you wrote this, we had to read portions of the Justice Department’s report on the police and courts of Ferguson, Missouri. That report, and your essay, report on the very real problem we have. There are many persons in law enforcement and the courts who are unbiased, who are idealistic, and who work against prejudices and racism. But, as they are not causing problems, we give less attention to those, and focus instead on the transgressions that need correcting.  That report on Ferguson should inspire anyone who reads it to take action to improve community relations with police forces.  More people ought to read this report.  Here are excerpts—sentences and notes I took as I read it:

Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs.

The result is a pattern of stops without reasonable suspicion and arrests without probable cause in violation of the Fourth Amendment; infringement on free expression, as well as retaliation for protected expression, in violation of the First Amendment; and excessive force in violation of the Fourth Amendment.

City and court officials have adhered to these court practices despite acknowledging their needlessly harmful consequences.

This evidence of bias and stereotyping, together with evidence that Ferguson has long recognized but failed to correct the consistent racial disparities caused by its police and court practices, demonstrates that the discriminatory effects of Ferguson’s conduct are driven at least in part by discriminatory intent in violation of the Fourteenth Amendment. 

Restoring trust in law enforcement will require recognition of the harms caused by Ferguson’s law enforcement practices, and diligent, committed collaboration with the entire Ferguson community.

City and police leadership pressure officers to write citations, independent of any public safety need, and rely on citation productivity to fund the City budget.

There is no indication that anyone considered whether community policing and public safety would be better served by devoting five overtime officers to neighborhood policing instead of a “revenue pipeline” of highway traffic enforcement. 

Ignoring the central fact that they had handcuffed a man and put him in a police car despite having no reason to believe he had done anything wrong, a sergeant vigorously defended FPD’s actions, characterizing the detention as “minimal” and pointing out that the car was air conditioned.

When the man then extended his identification toward the officers, at their request, the officers interpreted his hand motion as an attempted assault and took him to the ground.

FPD’s suppression of speech reflects a police culture that relies on the exercise of police power—however unlawful—to stifle unwelcome criticism.

FPD officers seem to regard ECWs as an all-purpose tool bearing no risk. But an ECW—an electroshock weapon that disrupts a person’s muscle control, causing involuntary contractions—can indeed be harmful.

The punitive use of force by officers is unconstitutional and, in many cases, criminal. 

The video makes clear, however, that the man never tried to stand—he only writhed in pain on the ground.

Finally, FPD does not perform any comprehensive review of force incidents sufficient to detect patterns of misconduct by a particular officer or unit, or patterns regarding a particular type of force.

Alongside its divisive law enforcement practices and lack of meaningful response to community concerns about police conduct, FPD has made little effort in recent years to employ community policing or other community engagement strategies.

When implemented fully, community policing creates opportunities for officers and community members to have frequent, positive interactions with each other, and requires officers to partner with communities to solve particular public safety problems that, together, they have decided to address. 

Another officer told us that officers cannot “get out of the car and play basketball with the kids,” because “we’ve removed all the basketball hoops—there’s an ordinance against it.”