In order to ensure effective law enforcement, gaining public trust in law enforcement agencies through police reforms is becoming increasingly important. Maintaining trust is crucial for fostering cooperation between citizens and law enforcement personnel, which ultimately helps uphold societal order. However, when there is a lack of trust towards the police, it becomes difficult to exchange necessary information, thus complicating investigation processes.
Multiple media outlets, including print, TV, radio, and online platforms, are extensively criticizing the police force in the USA today. They are reporting incidents of police brutality, extrajudicial killings, and race-based discrimination. These challenges have plagued the country's justice system for a long time and are not new.
The essay focuses on the problem of racist police misconduct, examining its roots in the Constitution and offering a policy solution. Racist police misconduct can be attributed to th
...e founding fathers who established the Constitution. This document not only sanctioned slavery but also permitted white masters to treat enslaved African Americans as property (Von Blum 2011, 18). Even after the Civil War, Southern states received political backing to uphold discriminatory practices and passed laws that encouraged racism, segregation, and discrimination against black individuals.
The establishment of America was built on a slave-dependent economy, fostering the belief in White superiority over Blacks. The Founding Fathers, who crafted the constitution, incorporated racist assumptions that influenced future instances of racism. For example, provisions such as 'Taxation for Free Persons' legitimized slavery in the United States (Von Blum 2011, 19). Moreover, laws requiring the return of escaped slaves to their owners further solidified the notion that Blacks were property owned by Whites (Von Blum 2011, 19). Despite advancements since emancipation and the
upheaval caused by Jim Crow laws, racism continues to hinder the integration of American communities (Von Blum 2011, 20). There is an undeniable direct link between deep-seated racism and police misconduct in America.
The effects of racism can be seen in the unequal opportunities experienced by individuals of both black and white races. In communities with a long history of racism, there is a greater number of marginalized black people and a higher representation of blacks within the prison system. It is crucial to acknowledge that racism extends beyond law enforcement and deeply permeates society as a whole.
The work they do illustrates the deep-rooted issues in American society, as seen in the case of 'the people v. hall'. This case involved the people of the state of California.
In 1853, a white man named George Hall was convicted by a California court for the murder of a Chinese miner named Ling Sing. The prosecution relied on testimonies from Chinese witnesses. George Hall attempted to defend himself by invoking section 394 of the act concerning civil cases, which stated that Chinese, along with blacks, Indians, and mulattoes, had no right to testify against white people (Von Blum 2011, 25).
In the 1850s, the California Supreme Court made a ruling in a case that denied Chinese Americans and immigrants the right to testify against white citizens. The opinion was delivered by Chief Justice Hugh Murray, with the agreement of Justice Solomon Heydenfeldt. This decision ultimately resulted in the release of Hall, a white man who would have otherwise been sentenced to death for killing a Chinese minor. This case, known as People v. Hall, set the stage for one of
the most notorious legal cases in American history, Dread Scott v.
In Sanford, there are different instances that have similarities and unique stories. The recurring element in these cases is the racism and brutality demonstrated by white individuals towards people of color. When a law enforcement officer commits illegal actions against someone, it falls under the umbrella of police misconduct.
Police misconduct refers to unethical or unconstitutional actions by law enforcement officers. The police and justice system have undergone significant changes due to civil rights movements, particularly in the 1950s. However, advocacy for African American rights and equality has somewhat waned.
The black community's distrust of the police force stems from a lengthy history of racism. This mistrust extends to the perception that African Americans are unfairly treated and lack adequate protection during arrests, investigations, and incarceration.
There have been numerous reports by media outlets worldwide regarding incidents of police brutality. One particularly notable case involved the arrest of Rodney King, an African American man, following a high-speed car chase. A video recorded by a witness and publicized by CNN and NBC captured the shocking brutality inflicted upon King by white officers from the Los Angeles Police Department. The footage showed him being tasered, beaten with batons, and kicked while on the ground. This treatment left both Americans and global audiences stunned. Although it is possible that King may have played a role in the incident, the use of excessive force by the officers was unnecessary.
Undoubtedly, this was not an isolated event as numerous similar incidents occur without being captured on video. Rodney's ordeal struck a chord with many African Americans, affirming that other African American men have encountered
comparable mistreatment, albeit unrecorded. Compounding the issue for the African American community, a jury composed entirely of white individuals acquitted three of the officers who attacked Rodney King and were unable to reach a decision regarding the fourth defendant. This verdict was repeatedly reached despite the existence of video evidence from witnesses. Consequently, this exposed the lack of responsibility and unfairness endured by countless African Americans.
The trial's outcome caused chaos and protests in Los Angeles, reminiscent of the Watts Riots in 1965. These protests led to widespread property destruction, looting, injuries, and even deaths (Von Blum 2011, 11). It is important to note that this chaotic aftermath was not solely triggered by the verdict but also by the underlying issues of police brutality and economic negligence towards African Americans. If it weren't for federal government intervention resulting in guilty pronouncements against two officers, the defendants would have escaped punishment.
There are numerous instances where encounters between law enforcement and African Americans turn confrontational due to racial undertones. Such encounters have become so frequent that most African Americans no longer trust the justice system or seek legal recourse. Police misconduct towards African Americans and minorities can manifest in various forms including derogatory remarks and racial slurs.
Racism affects police attitudes towards African Americans, resulting in unjust racial profiling. To reform policing, the focus should be on reducing decentralization and ensuring accountability. Although the original constitution did not adequately protect minority rights, progress has been made in promoting equality recently. It's crucial to acknowledge that the modern-day constitution guarantees equal rights for all citizens regardless of race or gender. However, society still struggles with racism due to a lengthy
history of slavery, segregation, and discrimination persisting even after abolition and emancipation. This deeply ingrained problem makes immediate changes across the entire population unlikely. Nevertheless, implementing a comprehensive approach to policing and engaging with citizens can help address this challenge.
Implementing national policies poses challenges because of differences in state autonomy in managing police departments. A centralized police force would guarantee consistent outcomes nationwide and prevent fragmented reforms between states. Additionally, a centralized approach would diminish the influence of local politicians on local police departments.
Due to varying legislations across states, the police have been granted additional privileges compared to private individuals. Consequently, there is a lack of accountability for their actions, resulting in infrequent prosecution or conviction of cases involving police brutality. To address this issue, it is crucial to establish an environment where any law enforcement officer engaged in misconduct faces repercussions regardless of their race. Such measures would discourage other officers from engaging in similar behavior and necessitate collaboration with anti-racism campaigns to minimize the excessive use of force against civilians. Presently, numerous states possess laws that impede accountability.
Despite being found guilty, certain police officers who have engaged in violent conduct are permitted to resume duty in specific areas. Furthermore, some states have legislation that conceals details regarding legal settlements and compensation for victims of police brutality (Smith 2016, 416). This lack of transparency poses a challenge in comprehending the complete extent of police misconduct cases, impeding accountability. Publicizing the magnitude of corruption would exert greater pressure on politicians to review these laws. Thus, it is imperative to reassess these laws.
In other parts of Maryland, an officer who is under investigation still has the
ability to access evidence, potentially compromising any effort to hold them accountable (Serpico 2016). Enforcing accountability measures would decrease the practice of protecting undisciplined colleagues from punishment and uphold citizens' rights. This would lead to changes in daily procedures within police departments. It is important to acknowledge that eliminating racism in the police force will not occur immediately. However, establishing accountability will build confidence among minority communities and mitigate long-standing issues of racism, discrimination, and segregation.
