In American society people are guaranteed their civil rights and civil liberties, which give people certain privileges and protection. The government provides citizens with the police force, which is there to keep order and protect the citizen. However, civilians have been complaining about the misconduct of police officers. Police brutality existed for many years in the U.S. but in the past few years police brutality has gone up. In the New York Times, statistics shows that between 1993 to 1996 police brutality increased from 3,956 to 5,596. The law is there to insure our rights. What is causing the police to act vicious toward citizens?
The U.S. Constitution states what powers that the national government has and what they are not allowed to do. The Constitution also provides the citizens with certain rights and privileges. Under the Constitution are the Amendments, which gives more detail on the kinds of powers and privileges that are given to the government and the people. In the Amendments there are civil liberties and civil rights that declare those certain freedoms. Civil liberties are freedoms that are guaranteed to individuals. Freedoms such as freedom of speech and religion. In other words, civil liberties describe what the government cannot do. For example, in the First Amendment, it states that Congress cannot establish a national religion nor can they condense the freedom of speech. The civil rights are the powers and privileges that are guaranteed to individuals and that protect the people from the government or individual. Some of these rights are the right to vote and the right to a jury trial in a criminal case. The civil rights states what the government must do or provide. The government provides protection by having the police force, which maintains order in society. The police force is there to help the citizen and protect their rights. However, there have been many cases on police brutality. How can the police department protect the citizen and at the same time abuse the citizens? This violates the rights that are guaranteed to the people.
Police brutality has existed for many years. In the United States, police brutality has been going up rapidly. There have been several cases of civilians that are being abused by police and people who lost their loved ones to police violence. In the New York Times, there was a case where a woman was dropping off her young daughter at the babysitter. After dropping off the child, she was rushing to get to work which was at night. As Ms. Harris was walking down the street, a strange woman grabbed her by the arm and demanded to know what she did with the drugs. Seconds later, Ms. Harris found herself pinned to the floor by two plainclothes officers that were engaged in a neighborhood drug sweep. She tried to explain to the cops her reason for being in that neighborhood. Ms. Harris was frustrated by the officers who were refusing to hear what she had to say. Being frustrated, she made a wisecrack comment to the cops. She said “Uh, I get it, you’re trying to reach a quota.” One officer responded with pepper spray, which was blasted into her face. The police officers handcuffed her and brought her to the precinct, where she was charged for disorderly conduct and resisting arrest. Later on that month before the chargers were dropped, the city paid $50,000 to settler her claim of civil rights violations. This does not fix the fact that the officers did not follow the procedures, such as reading her rights. The officers did not proceed the Miranda rights which are rights that police are required to say to a person before he or she is subjected in custody. The Fifth Amendment values human dignity. It states that no one shall be subjected to cruel, brutal, or any unusual or unwarranted treatment. Also, it prevents against cruel and unusual punishment and the privilege against self-incrimination.
Another issue on misconduct of police officers is a case on Sahar Sarid, an Israelian. He was confused by Manhattan traffic patterns and unknowingly, he drove the wrong way down East 62nd Street. When he got to York Ave., that’s when the police stopped him and directed him to pull over by a bus stop. The police officer requested for Mr. Sarid his license and registration. Before handing over the papers Mr. Sarid asked the officers why. The officer responded by punching Mr. Sarid on the arm. After being punched, Mr. Sarid climbed out of the car refusing to go back in, fearing that he will get struck again. Then the officer punched him on the ground and two officers beat him with their fists. Mr. Sarid was handcuffed and one of the officers said, “Go back to the Middle East.” Then on the way to the precinct, the arresting officers warned Mr. Sarid not to bleed all over his cruiser and was punched again. Mr. Sarid was terrified that he began to hyperventilate and was taken to New York Hospital instead. The hospital records show that he was treated for a bloody nose and abrasions on the cheek and forehead. Later on Mr. Sarid was charged for illegal parking, which was why the officer ordered him to pull over and also resisting arrest. Again, we see how Mr. Sarid’s rights were violated and he was disrespected. His exercise of freedom of speech was violated. He asked a simple question was penalized for it. Does that mean people cannot say or ask questions, they must only obey? The First Amendment gives citizens those rights. The First Amendment values the protection of the innocent. The police force is there to help and protect the people, not to inflict cruel treatment. What’s causing these unsuitable behavior from the officers?
A sociologist who did studies on police brutality
wanted some answers to why police were misbehaving. In his research,
he found that police officers authority are being challenged. Officers
feel that when they ask for their badge number, being videotaped and leading
them on a chase, will provoke them. For example a case on a man named
Anthony Baez who died from a chokehold. He and his brother were playing
football until a police officer demanded them to stop. The officers
proceeded to arrest Mr. Baez when he refused to stop. Then the brother
dared the officer to take some kind of action. The officer, Mr. Livot,
was charged for murder. His lawyer Stuart London won the case.
He believed that many officers experience rampant disrespect and that is
viewed as undermining their authority. The officers feel that their
authority is challenged and they must respond. There also have been
other reasons for cops misconduct, such as the training academy.
In the police academy they operate like a boot camp. They use verbal
and physical abuse to train officers. Therefore, these officers will
be taught to treat the citizens in a similarly harsh manner. Does
this give cops an excuse to violate people’s rights? Officer Wilson,
a police academy instructor, always urged policed officers not to take
it personally. He also sways officers to believe that the people
are not mouthing off at the officers but at the uniform and the authority.
He does not think that the way police are trained is what causes the cruel
behavior but on how much control the individual officer has over his or
her temper.
There has been no good reason for what causes police
officers to engage in brutal treatment. Some people blame it on the
police academy. The citizens thinks their wicked training at the
academy is what makes them act cruel to others. On the other hand,
police officers feel that the civilians are the ones who provoke them in
doing wrong. Officers and other higher authority think it’s the citizens
who cause these incidents by asking questions or disrespecting them.
Who should people really blame? Looking back at Mr. Harris and Mr.
Sarid’s case, whose rights were violated? We see how their civil
rights and liberties kind of act contrary towards them. It seems
as though people don’t really have these rights. If the police feel
that their authority is challenged when being questioned or requesting
for identification, then that makes people wonder – are they allowed to
know what’s going on when police are arresting them? Should people
just do as cops say and not say a word. Doesn’t the Constitution
guarantee people the right to know? In all these cases, there has
been nothing done to prevent police brutality. From Guiliani’s perspective,
he sees that crime has gone down. Should people give up their civil
rights just to receive protection from the real criminals?