Why Is Racial Discrimination By Police So Common In The United States?

Why Is Racial Discrimination By Police So Common In The United States?

People in the Brooklyn borough of New York City protest police violence against Black women on Sept. 5, 2020.
Erik McGregor/LightRocket via Getty Images

The latest reminder that police officers around the country routinely deny Black people their constitutional rights comes from the Justice Department. This time, it’s about Minneapolis, the site of a police officer’s video-recorded murder of resident George Floyd.

More than three years after Floyd’s brutal death and the global protest movement that sprang from it, a June 2023 Justice Department report found that Minneapolis police use excessive force, including unjustified deadly force in their interactions with civilians, and discriminate against Black people.

The report echoes Justice Department findings, released in March 2023, about police misconduct in Louisville, Kentucky, where officers killed Breonna Taylor during an unlawful search of her home in March 2020, and about police in Ferguson, Missouri, in a report released in March 2015. An officer shot and killed Michael Brown, who was unarmed, during a 2014 encounter.

The Justice Department found that Minneapolis police also discriminate against Native Americans; routinely use excessive force, including “unreasonable use of tasers”; violate the rights of citizens exercising their First Amendment right to free speech; participate in racially discriminatory stops against Black people and Native Americans; and discriminate against people with serious mental illnesses.

Why Is Racial Discrimination By Police So Common In The United States?
A screenshot of a video shows former Minneapolis Police Officer Derek Chauvin kneeling on George Floyd’s neck as Floyd cries out in pain, stating that he can’t breathe.
23 ABC News – KERO

As a geographer and scholar of African American studies, I’ve written about racist policing for The Conversation before. So, I struggled to find a new way to examine the topic this time around. And that led me to the enduring question: Why is racial discrimination by police so common in the United States?

Policing in black and white

Justice Department reports, complaints from citizens and dozens of academic studies painfully point to racial discrimination by police as a common practice.

The evidence is overwhelming. Countless studies have shown that Black people are routinely stopped by police and live in racially segregated communities that police heavily monitor. These conditions have led to Black people being overrepresented in arrests for violent crime that doesn’t involve a fatality.

Police body camera footage shows officers speak disrespectfully to Black people during traffic stops; about four of every 10 Black people say police have unfairly stopped them; and Black people are more than three times as likely to be killed by police during interactions. These experiences explain why Black people have negative views of police.

For white Americans, however, their feelings and interactions with the police are more positive. For instance, only a quarter of white people surveyed report being in situations where they believe police were suspicious of them. Meanwhile, 78% feel police protect people from crime; 75% say police use the correct amount of force and that they treat people of color and white people equally; and 70% of white Americans feel police are held accountable for their misconduct.

These experiences explain why white Americans are more likely to give police high marks – 75% – for job performance.

Why Is Racial Discrimination By Police So Common In The United States?
Demonstrators pose in front of the Georgia Capitol building on March 13, 2021, during a march commemorating the one-year anniversary of the police killing of Breonna Taylor in Louisville, Ky.
Megan Varner/Getty Images

These differences influence how race shapes people’s interactions with police. African Americans have negative views of police because of past and personal experience. Many white people have more positive views shaped by living on their side of the color line.

Experiences shape people’s views

The fact that Black and white Americans have different views on the police are not accidents.

This reality is built on a long history of police targeting people of color. Indeed, policing in the United States was established on the practice of controlling specific populations. In the 19th century, for example, policing in the South was designed to monitor the movement of enslaved Black people. Some of the first police forces in the nation were developed to keep the enslaved from escaping and to recapture them if they did. They were called slave patrols, and by law, some states required white men to serve as slave patrollers.

Similar histories exist with the Irish in the Northeast before they were considered white, as well as with Mexicans and Mexican Americans in the Southwest.

Policing and controlling the movements of specific nonwhite groups have often gone hand in hand. This powerful cocktail of racism and policing has enabled brutal forms of violence against people of color.

In each case, police discriminated against Black people in the South, Mexicans and Mexican Americans in the Southwest and the Irish in the North, while treating white Southerners, white Southwesterners and the middle and upper classes in the North differently. The parallels to this moment are not an accident. And neither is police misconduct.

Policing the way it was intended

The Justice Department’s report will place the practices of the Minneapolis Police Department under public scrutiny. And it will be part of the mountain of studies, complaints and federal reports that show widespread racial discrimination.

Why Is Racial Discrimination By Police So Common In The United States?
A man draped in the U.S. flag sits on a motorized bicycle near the White House during June 3, 2020, protests over the death of George Floyd.
Roberto Schmidt/AFP via Getty Images

That said, with the long history of how policing began and how targeting groups was part of its foundation, along with the studies that document it, what’s apparent is that police misconduct is not an aberration. Despite claims of serving and protecting the public, that is simply not what the police have always done.

It’s no wonder, then, that so many people believe racial discrimination is endemic to policing and is simply part of the way it works. And while this most recent Justice Department report shows that, it also makes the case that Minneapolis police are working the way they were intended.

If this is the case, then Black people’s denial of basic constitutional guarantees by law enforcement, enshrined in our nation’s founding documents, is, to quote the abolitionist Fredrick Douglass, a “shameless hypocrisy.”The Conversation

Rashad Shabazz, Associate Professor at the School of Social Transformation, Arizona State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Police in California aren’t immune from certain misconduct lawsuits, high court rules

Police in California aren’t immune from certain misconduct lawsuits, high court rules

The recent ruling helps remove an obstacle for victims seeking damages from police misconduct.

Police in California are not immune from civil lawsuits for misconduct that happens while they investigate crimes, the state Supreme Court ruled this week, overruling a precedent made by lower courts that had helped protect law enforcement from litigation for decades.

The justices on Thursday unanimously rejected an argument by Riverside County that its sheriff’s deputies couldn’t be sued for leaving a man’s naked body lying in plain sight for eight hours while officers investigated his killing.

California law protects police from being sued for any harm that happens during a prosecution process — even if the officer acted “maliciously and without probable cause.” Now, the Supreme Court says police can be sued for misconduct during investigations.

FILE – People walk past The Earl Warren Building, headquarters of the Supreme Court of California, on Jan. 7, 2020 in San Francisco. On Thursday, June 22, 2023, the Supreme Court of California ruled that police are not immune from civil lawsuits for misconduct that happens during investigations. (AP Photo/Jeff Chiu, File)

The ruling cites previous case law that defined investigatory actions as those before charges are filed.

“The potential for factual overlap between investigations and prosecutions does not justify treating them as one and the same,” Justice Leondra Kruger wrote in the ruling.

Kruger noted the court issued a similar ruling in 1974. But in 1994, a state appeals court adopted a broader interpretation to shield police from lawsuits stemming from conduct during investigations. Lower courts have been relying on that ruling to dismiss misconduct lawsuits against law enforcement that did not involve prosecutions.

A lawyer representing Riverside County in the case did not immediately respond to a request for comment Friday.

This particular case centered on Jose Leon, who was shot and killed by a neighbor in 2017 southeast of Los Angeles in Riverside County. Shortly after sheriff’s deputies arrived at the shooting, they heard several gunshots nearby and dragged Leon’s body behind a police vehicle, causing his pants to fall down and exposing his genitals, according to the lawsuit. His wife Dora Leon sued the county for negligence and emotional distress, saying police had left her husband’s naked body in plain view for hours. The case was dismissed by lower courts that ruled state law provides immunity to law enforcement officers and agencies for police conduct during investigations.

The Supreme Court reinstated Dora Leon’s lawsuit. Kruger wrote that the lower courts’ decision was wrong, saying police investigations cannot be interpreted as part of the prosecution process.

Many local police departments have routinely argued that they are immune from damage claims “the moment a police officer arrives on the scene of a crime,” said Richard Antognini, a lawyer representing Leon.

FILE – A Los Angeles Police Department vehicle is parked outside the LAPD headquarters in downtown Los Angeles on July 8, 2022. On Thursday, June 22, 2023, the Supreme Court of California ruled that police are not immune from civil lawsuits for misconduct that happens during investigations. (AP Photo/Damian Dovarganes, File)

If the Supreme Court had ruled in favor of the county, “it would have essentially immunized them for almost anything,” he said.

The recent ruling helps remove an obstacle for victims seeking damages from police misconduct, Antognini said. California laws still provide immunity to certain aspects of police investigations.

The ruling was praised by John Burris, a California civil rights attorney who has represented more than 1,000 victims of police misconduct across the country.

“This should have a positive impact on police reform, because now the law has spoken,” Burris said. “Police should be trained and be better informed as to what their obligations are.”

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