Skip to main content

New top story from Time: Derek Chauvin Was Just Sentenced to 22 and a Half Years. But America’s Law-Enforcement System Still Isn’t Set Up for Accountability

https://ift.tt/3qzaLLK

A Minneapolis judge on Friday sentenced former police officer Derek Chauvin, for the murder of George Floyd last May, to 22.5 years in prison—a rare event in the nation’s criminal justice system, and one that many will regard as the end of a gruesome chapter in the American story.

Yet this moment also highlights a disturbing truth about policing and accountability, one that remains unresolved: prior to killing George Floyd, Derek Chauvin was one of a substantial number of officers who have been the subject of repeated civilian complaints but never faced serious discipline from their departments. The early warning signs of dangerous police conduct often go unheeded, police-reform advocates argue, and the officers involved are rarely punished and even more rarely face prison time. Even Minneapolis, the city perhaps most closely associated with public demands for policing reform, has, in the 13 months since Floyd’s killing, taken steps to curtail public knowledge of repeat officer misconduct. So, while Friday’s sentencing may represent a rare example of criminal penalties, the most severe form of officer discipline possible, it does little to address the existence of policing systems across the country that are not set up to head off problems before they get to that point.
[time-brightcove not-tgx=”true”]

“I think there will be a sense of closure, which is worth something; a sense of accountability this one time, which is worth something,” says Abigail Cerra, a former public defender and one-time lawyer in the city’s Civil Rights Office who now works in the private sector and volunteers on the city’s Police Conduct Oversight Commission. (The views she shared in an interview days before Chauvin’s sentencing, she stressed, are her own and do not represent the commission.) “[But] given that I sit in the space of oversight … at this moment I feel really concerned. I don’t feel that hopeful.”

Read more: George Floyd’s Family Reacted to the Verdict With an Uncontrollable Cry. That Sound Echoes Through Black America

Over the course of his 19-year police career, Chauvin was involved in multiple shootings and was the subject of at least 17 civilian complaints. State prosecutors, who can seek court orders forcing the department to produce a wider array of records, have referred to as many as five additional civilian complaints filed against Chauvin, some involving allegations of neck restraints and excessive force. However, in response to the 17 complaints city officials acknowledged in a summary provided to TIME and other media outlets, Chauvin had received only two letters of reprimand, which in Minneapolis are considered a form of discipline.

Weeks after Chauvin’s conviction in state court for the Floyd murder, federal officials charged him with criminally violating the civil rights of both Floyd and a 14-year-old boy Chauvin is alleged to have restrained and beat in 2017. The complaint the boy’s family filed at the time resulted in no discipline. Had the 2017 complaint been escalated beyond that, Chauvin might have been formally warned that a repeat would put his job in jeopardy or that he might be prosecuted. With the benefit of hindsight, it is easy—and still so difficult—to imagine a world in which Derek Chauvin would have been deemed ineligible to police, much less to train other officers, years before his contact with Floyd.

“What it really says is … there was just a lack of discipline in the Minneapolis police department,” says Samuel Walker, an emeritus Professor of Criminal Justice at the University of Nebraska at Omaha, who was commissioned several times to conduct national research on policing for the U.S. Department of Justice. “He kept getting off the hook. It’s pretty shocking to look at that record.”

In this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Â Friday, June 25, 2021 in Minneapolis. Â Chauvin faces decades in prison in the death of George Floyd.
Pool photo by Court TV/APIn this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Friday, June 25, 2021 in Minneapolis.

Lax discipline, a problem in departments across the country, contributes to a culture in which officers believe that misconduct will be tolerated, says Walker. It’s so common it’s almost a cliche but, evidence of culture problems often shows up in the shorthand of department nicknames and insider lingo, he says. In the 1990s, Walker spent time in the Minneapolis area conducting research; he remembers Minneapolis police being referred to as “thumpers.” Even the then police chief used the term in conversation with Walker, he says. Cerra says she has also heard the term used today to refer to specific Minneapolis police officers who often use brute force.

Since Floyd’s death, Minneapolis officials, including the city’s first Black police chief Medaria Arradondo and Mayor Jacob Frey, have publicly welcomed an ongoing Justice Department investigation, supported restricting use of no-knock warrants and non-lethal rounds during protests, added detail to the department’s duty-to-intervene policy, created a duty to report excessive uses of force to the department, and banned chokeholds and neck restraints, among other actions. They established a special medical training unit for officers providing focused training on the deadly risks of restraining people in the prone position, long after first agreeing to do so in a 2013 settlement with the family of another Black man killed by Minneapolis police, David Smith.

But, during that same period, city officials have also more quietly changed language in the police department’s policy manual. City officials denied to TIME removing the requirement that “discipline shall be imposed” when evidence of misconduct is found, but an archived online copy of the manual includes the phrase; the latest version instead says conduct violations “will subject the employee to discipline and/or legal action.” And, public records show they debated in August and September 2020, after Floyd’s death, whether “coaching”—usually requiring a single meeting in which the problem behavior is discussed and alternatives made clear—is discipline, and the risks and benefits of putting coaching on the non-discipline side of the ledger. The most recent version of the police department manual now spells out explicitly that coaching is a “non disciplinary management tool,” “not discipline.”

What may sound like bureaucratic minutiae matters.

Most years, the overwhelming majority of civilian complaints determined to be true are resolved with coaching then marked as resolved with no discipline. The details of incidents that end in coaching or other forms of non-discipline are not a matter of public record. No Minneapolis officers, for example, have yet been officially disciplined for force used against peaceful protesters after Floyd’s death, says Cerra. And, she says, ever since the fact that coaching is not discipline was spelled out, some city officials refused to provide the kind of detailed complaint data that commission members had previously been able to review. As a result, the public and the volunteer police oversight board will now have a harder time identifying problem policing patterns.

The police conduct commission—which, while it cannot discipline officers, can conduct investigations, make recommendations, create or change policies or lobby lawmakers—did not meet for five months last year. First the pandemic caused delays. Then, when a resignation on the oversight commission left the body without its legally required number of members, no appointment was made for months.

Read more: Inside Ben Crump’s Quest to Raise the Value of Black Life in America

In the 13 months since Floyd’s death, it has also become clear that some city lawyers did not, over the course of Chauvin’s career, turn information or allegations about Chauvin’s conduct over to defense lawyers in various cases, Cerra says. This allowed Chauvin and other officers with similar histories to testify in court without being questioned about their history.

To Cerra, if that’s what’s happened in Minneapolis, a city at the epicenter of the nation’s civil rights crisis, the same or worse is possible elsewhere. Last year, a New York Times analysis found that the New York Police Department “reduced or rejected recommendations for stiff discipline of officers in about 71 percent of 6,900 significant misconduct matters.” And a Los Angeles Times evaluation of complaint data found that of the 3,763 complaints filed against Los Angeles police officers in 2019, only about 10% were deemed valid. When the paper looked only at complaints filed by civilians, just 4% were deemed valid.

Cerra has been left, even as Chauvin is sentenced, with a haunting question.

“How many Derek Chauvins are still working?” Cerra says she wonders. “There’s no way he’s the only one. And if we don’t open up the books and try to figure it out … we’re all in a lot of trouble. It’s just a matter of time until it happens again.”

with reporting by Mariah Espada and Simmone Shah

Comments

Popular posts from this blog

Starting Tomorrow! Central Subway Special Service Opens

Starting Tomorrow! Central Subway Special Service Opens By Mariana Maguire Central Subway special weekend service starts November 19 with shuttle trains between Chinatown-Rose Pak Station and 4th and Brannan. Starting tomorrow, November 19, the four new Central Subway stations will open to the public with free special service, Saturdays and Sundays only, from 8 a.m. to 12 a.m. every 12 minutes. This is a special opportunity for customers to ride between the new stations and get to know them before the service change in January. To experience Central Subway special service, transfer at Powell Station from Muni Metro and BART by walking underground to the new Union Square/Market Street Station. SFMTA Ambassadors will be on hand to help customers navigate the new stations. Looks for our bright orange SFMTA Ambassador vests, hoodies and hats! At Chinatown-Rose Park Station, customers should listen to announcements and watch the displays for incoming train information. Trains may ...

Happy Lunar New Year 2022: Year of the Tiger 

Happy Lunar New Year 2022: Year of the Tiger  By Pamela Johnson Lunar New Year is one of the biggest holidays celebrated in many Asian communities. Diverse San Franciscan communities including Chinese, Japanese, Korean, and Vietnamese people have long celebrated this festive occasion.  For many, the Lunar New Year brings a fresh mindset and resolutions for happiness and health. A zodiac animal with specific traits represents each year in the repeating zodiac cycle of 12 years. 2022 is the Year of the Tiger, the third animal in the zodiac. The tiger is considered courageous and adventurous.   The holiday follows the moon's cycles and usually begins in late January or early February. This year Lunar New Year begins February 1.   Fun Fact: In the lunar calendar, the Vietnamese zodiac and the Chinese zodiac are similar, but the Vietnamese zodiac includes a cat while the Chinese ...

Are Ride-hail Companies Serving Wheelchair Users in San Francisco?

Are Ride-hail Companies Serving Wheelchair Users in San Francisco? By Maddy Ruvolo Since 2013, ride-hail companies, also known as Transportation Network Companies or TNCs, have become increasingly visible on San Francisco’s streets. In the area of disability access and TNCs, while some individuals have reported increased mobility and independence because of TNCs, wheelchair users have largely been unable to use the service. Ride hailing apps generally did not offer wheelchair accessible vehicles—nor were they required to do so by the CPUC. While the SFMTA and our sister agency, the San Francisco County Transportation Authority (SFCTA) do not have the authority to regulate these services—a job entrusted statewide to the California Public Utilities Commission (CPUC)—we have worked together to pay close attention to the impact they have on our transportation network and shaped our areas of studies, policies, and programs accordingly. For example, over the years, the City has documente...

Taximeter Rate Increase

Taximeter Rate Increase By Today , our new taxi meter rates go into effect, providing a much-needed increase for taxi drivers. After extensive outreach, the SFMTA board passed an 18% increase in the taximeter rates – the first increase in 11 years. During this time, the cost of living  in the Bay Area has risen considerably.  45% increase in the cost of everyday items 50% increase in the cost of transportation  82% peak increase in the cost of gasoline. The new rates listed below will support an industry that is an integral part of  our transportation system, especially for SF’s paratransit program. The new rates go into effect beginning Thursday, November 17: First one-fifth mile of flag rate is $4.15 Each additional one-fifth mile or fraction thereof is $0.65 Each minute of waiting or traffic time delay is $0.65 SFO pick-up fee is unchanged at $5.50 For more information on the current structure of taxi fares, please visit Taxi Fares . To get a ...

FOX NEWS: Bride's father asks stepdad to help walk her down the aisle in sweet viral moment A selfless gesture by the father of a bride was shared on social media in a viral moment of him surprising the girl’s stepfather by asking him to help walk her to the altar.

Bride's father asks stepdad to help walk her down the aisle in sweet viral moment A selfless gesture by the father of a bride was shared on social media in a viral moment of him surprising the girl’s stepfather by asking him to help walk her to the altar. via FOX NEWS https://ift.tt/3mMbkS5

FOX NEWS: Students sing to teacher with stage 4 cancer outside hospital: 'It was overwhelming' In an emotional goodbye visit, 26 children sang worship songs prior to Carol Mack's move to hospice care

Students sing to teacher with stage 4 cancer outside hospital: 'It was overwhelming' In an emotional goodbye visit, 26 children sang worship songs prior to Carol Mack's move to hospice care via FOX NEWS https://ift.tt/3GWyQ6G

FOX NEWS: California couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell.

California couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell. via FOX NEWS https://ift.tt/3BKWsrb

Central Subway Opens November 19 with Special Weekend Service

Central Subway Opens November 19 with Special Weekend Service By Mariana Maguire Central Subway special weekend service starts November 19 with service to Chinatown-Rose Pak Station, Union Square/Market Street Station, Yerba Buena/Moscone Station and 4th and Brannan. On Saturday, November 19, the Central Subway makes its historic debut with special weekend service, Saturdays and Sundays, from 8 a.m. to 12 a.m. with trains every 12 minutes.  During this special weekend service, customers will have a chance to ride through the new Central Subway for free and get to know the four new stations: Chinatown-Rose Pak at Stockton and Clay streets, Union Square/Market Street Station at Geary and Stockton streets, Yerba Buena/Moscone Station at 4th and Folsom and the new 4th & Brannan stop at 4th and Brannan streets. During the special weekend service, customers can transfer to the new Central Subway service at Powell Station from Muni Metro and BART by walking underground to the n...

Public Artwork Unveiled Inside New Station in Yerba Buena

Public Artwork Unveiled Inside New Station in Yerba Buena By Enrique Aguilar Have you had a chance to explore the Central Subway's new stations? Special weekend service is Saturdays and Sundays, from 8 a.m. to 12 a.m. midnight, through the end of the year. Ride the trains and be mesmerized by beautiful artwork at each new station.  Muni customers will encounter public art when using the four new Central Subway stations to reach their destinations. The art was commissioned by the San Francisco Arts Commission and funded by the City’s Art Enrichment Ordinance, which allocates 2% of the total eligible costs of public works projects for public art. Public art helps draw out the identity of a space, aids in understanding a neighborhood's historical or cultural significance, and builds a connection between the visitor and surrounding community.  The Yerba Buena/Moscone Station includes artwork by Catherine Wagner, Leslie Shows and Roxy Paine. The installations can be found on th...

DU's academic, executive council members ask VC to scrap online open book exams https://ift.tt/2YubRfc

The academic and executive council members of the Delhi University on Thursday wrote to the vice-chancellor asking him to scrap the online open-book exams. Their letter to DU Vice-Chancellor Yogesh Tyagi comes in the wake of Union HRD Minister Ramesh Pokhriyal 'Nishank' asking the University Grants Commission (UGC) to revisit the guidelines issued earlier for intermediate and terminal semester examination, and the academic calendar. from IndiaTV: Google News Feed https://ift.tt/2YByOxg