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

New top story from Time: ‘I Will Cry When I Deliver That Last Yogurt.’ Small Ranch Owners Are Selling Their Herds For Lack of Water

https://ift.tt/3l9IavO Gail Ansley delivered her final batch of homemade Picabo Desert Farms goat yogurt to Atkinson’s Market in Hailey, ID two weeks ago. As usual, each 16-oz unit of rich, creamy goat’s milk yogurt was packaged in a plain plastic container with a simple disclaimer stuck to the lid: “We know this label isn’t Chic, but the Yogurt inside is the best you’ll Eat!” it proudly proclaims . The ingredients: raw goat milk, culture, and sometimes gourmet vanilla bean paste sourced from nearby Boise, or fresh lemon curd, or peach jam. But this chapter is all over: she sold her last goat, a Nigerian dwarf named Kea, the weekend before. Kea was the final remaining animal in Ansley’s hundred-plus goat herd, which she grew and raised over the past six years on her small farm in Richfield, ID. “ And I will cry when I deliver that last yogurt tomorrow, ” Ansley says over the phone, audibly tearing up. “ When we started, my husband had a pickup truck and a camper, that’s wha...

New top story from Time: Angry Youths Rattle Spain in Support of Jailed Catalan Rapper Pablo Hasel

https://ift.tt/2NUGSpC BARCELONA, Spain — The imprisonment of a rap artist for his music and tweets praising terrorist violence and insulting the Spanish monarchy has set off a powder keg of pent-up rage this week in the southern European country. The arrest of Pablo Hasél has brought thousands to the streets for different reasons. Under the banner of freedom of expression, many Spaniards strongly object to putting an artist behind bars for his lyrics and social media remarks. They are clamoring for Spain’s left-wing government to fulfill its promise and roll back the Public Security Law passed by the previous conservative administration that was used to prosecute Hasél and other artists. Hasél’s imprisonment to serve a nine-month sentence on Tuesday has also tapped into a well of frustration among Spain’s youths, who have the highest unemployment rate in the European Union. Four in every 10 eligible workers under 25 years old are without a job. “I think that what we ...

New top story from Time: How Facebook’s Australia News Ban Could Hamper Vaccine Rollout to Aboriginal People

https://ift.tt/37E8rL1 The COVID-19 vaccine rollout was never going to be easy in Australia’s sparsely populated, desert-covered Northern Territory. With many small towns located hours apart by road, organizers even considered using drones and dry ice to make deliveries. But the vaccination campaign is facing an even greater uphill battle after Facebook removed news content across the country of 25 million on Feb. 18 following a battle over a bill that would force Big Tech companies to pay for the use of news stories. The ban also swept up Indigenous media organizations, meaning that Aboriginal people, who make up more than 25% of the region’s population may not have access to reliable information about vaccinations. Many Aboriginal people rely on Facebook as a portal to the Internet. During the COVID-19 pandemic, Facebook has become “a primary vehicle for promoting health information to remote Aboriginal communities,” says Malarndirri McCarthy , a senator in the Northe...

New top story from Time: How a Belarusian Teacher and Stay-at-Home Mom Came to Lead a National Revolt

https://ift.tt/3bD4WG2 On a hot summer day last August, Svetlana Tikhanovskaya was pacing up and down her empty apartment in Minsk, the capital of Belarus in Central Europe, her life—and her country—in turmoil. With her husband in jail, she had sent her two small children out of the country, to safety, and she now faced a stark choice, bluntly handed to her by the nation’s hard-line security forces: flee into exile herself, or face arrest. “I had a couple of hours, but I could not pack anything, because I was so overstressed,” she recalls. “It was a shock. I was not prepared for this.” Indeed, it is hard to imagine how Tikhanovskaya could have prepared for the jolting transformation of her life. Within the space of a few months, she emerged from obscurity to become the leader of Belarus’ biggest revolt in decades, determined to bring down President Alexander Lukashenko, who has ruled the former Soviet republic with an iron hand for more than 26 years as what many call Euro...

New top story from Time: President Rodrigo Duterte of the Philippines Has Changed His Mind About Scrapping a U.S. Security Pact

https://ift.tt/3fe21WW MANILA, Philippines — Philippine President Rodrigo Duterte has retracted a decision to end a key defense pact with the United States, allowing large-scale combat exercises between U.S. and Philippine forces that at times have alarmed China to proceed. Duterte’s decision was announced Friday by Defense Secretary Delfin Lorenzana in a joint news conference with visiting U.S. counterpart Lloyd Austin in Manila. It was a step back from the Philippine leader’s stunning vow early in his term to distance himself from Washington as he tried to rebuild frayed ties with China over territorial rifts in the South China Sea. [time-brightcove not-tgx=”true”] “The president decided to recall or retract the termination letter for the VFA,” Lorenzana told reporters after an hour-long meeting with Austin, referring to the Visiting Forces Agreement. “There is no termination letter pending and we are back on track.” Austin thanked Duterte for the decision, which he sai...

New top story from Time: Protests Against an Abortion Ban Continue for a Fifth Day in Poland

https://ift.tt/2HDCNDx WARSAW, Poland — Women’s rights activists and many thousands of supporters held a fifth day of protests across Poland on Monday, defying pandemic restrictions to express their fury at a top court decision that tightens the predominantly Catholic nation’s already strict abortion law. In Warsaw, mostly young demonstrators — women and men — with drums, horns and firecrackers blocked rush-hour traffic for hours at a number of major roundabouts. Some of them took off their shirts and stood topless on top of cars. Many held banners with an obscenity calling on the right-wing government to step down. A group of far-right supporters held a counter-protest in front of a church and police in riot gear kept the two groups apart, using pepper spray at one point. Some of the people protesting the court ruling were detained and others sat down in the street to stop the police van taking away the detainees. A protesting woman was taken to hospital with slight in...

New top story from Time: We Have No Idea What We’re Fighting For Anymore

https://ift.tt/3ymywZs Once again, we are we seeing Americans being airlifted to safety amidst chaos and defeat, abandoning many of those who helped us. There will be much finger-pointing and political posturing about who is to blame . We can have those conversations. But the question no one is discussing is why for decades successive administrations of both parties continue to involve us in wars that not only we don’t win, but that for years we keep on fighting even when we know we can’t win and our objectives in those wars are confusing and malleable. If you look back over the history of our war in Afghanistan, it was clear as early as 2002 that we didn’t fully understand what we were doing there anymore or how to go about doing it. Yet we remained for nearly 20 more bloody years. [time-brightcove not-tgx=”true”] Why do we keep doing this? How can we stop? We get into these wars on the recommendations of presidents who are influenced by their staffs, most of whom are s...

'Situation not normal, don't lower guard': Delhi's 1st COVID patient cautions people https://ift.tt/35GmCxs

As many continue to take leeway during the festive season, Delhi's coronavirus patient has cautioned people to stay indoors as much as possible because "situation is not back to normal". Rohit Datta, who was diagnosed with the infection on March 1, appealed to the masses to "not lower guard" by getting into a casual festive mode. 

New top story from Time: The Security Perimeter Around the Capitol Starts to Recede — and Washington Feels a Little More Normal

https://ift.tt/3ssgaEo This article is part of the The DC Brief, TIME’s politics newsletter. Sign up here to get stories like this sent to your inbox every weekday. Washington isn’t a city particularly known for its rationality. We do overreaction better than most, and that talent is rivaled only by underreaction. Passions fuel far too much public policy, personalities dictate what is possible and personal relationships often triumph over pragmatism. It’s something I usually bemoan and curse under my breath — or, increasingly, in this newsletter. So you’ll forgive a moment of indulgent irrationality and some merriment. For, you see, the fencing around the U.S. Capitol has come down. Well, not all of it. And the barriers that remain don’t have an expiration date and may never get one. But at least some of the garish barricades that went up in response to the deadly failed insurrection on Capitol Hill on Jan. 6 have been dismantled. The razor-wire on its top is gone, too...

Breaking News LIVE: Top Headlines This Hour https://ift.tt/35SVywr

The total number of global coronavirus cases has surpassed 33 million, including more than 1,002,000 fatalities. More than 24,634,990 patients are reported to have recovered. Meanwhile, a state-wide bandh would be observed in Karnataka today (on Monday) by various farmers' organisations, protesting the amendments to the APMC and land reforms acts made by the BS Yediyurappa government. The dawn-to-dusk bandh call has been supported by several pro-Kannada and other outfits besides the opposition Congress and the JD(S), who had opposed the amendment bills in the assembly.