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: Hurricane Ida Winds Hit 150 MPH Ahead of Louisiana Strike

https://ift.tt/3jmdoyl NEW ORLEANS — Hurricane Ida rapidly grew in strength early Sunday, becoming a dangerous Category 4 hurricane just hours before hitting the Louisiana coast while emergency officials in the region grappled with opening shelters for displaced evacuees despite the risks of spreading the coronavirus. As Ida moved through some of the warmest ocean water in the world in the northern Gulf of Mexico, its top winds grew by 45 mph (72 kph) to 150 mph (230 kph) in five hours. The system was expected to make landfall Sunday afternoon, set to arrive on the exact date Hurricane Katrina ravaged Louisiana and Mississippi 16 years earlier. [time-brightcove not-tgx=”true”] The hurricane center said Ida is forecast to hit at 155 mph (250 kph), just 1 mph shy of a Category 5 hurricane. Only four Category 5 hurricanes have made landfall in the United States: Michael in 2018, Andrew in 1992, Camille in 1969 and the Labor Day Hurricane of 1935. Both Michael and Andrew were u...

New top story from Time: Quarantine, What Quarantine? Nicole Kidman, Expats and White Privilege

https://ift.tt/38jNJQt The unsaid but common understanding about foreigners in many parts of the non-Western world is that there is one group of them who can get away with a great deal: white people. They are mostly referred to as expats, whereas non-white aliens fall into such categories as immigrants and guest workers . And being an expat comes with a range of privileges. Call it white privilege if you want. It does not only exist in America ; it is a global phenomenon. This privilege was the subject of heated debate last week in Hong Kong, a city that has for a long time been enthralled by all things Western due to its 150 years of colonization by the British. But even in Westernized Hong Kong, outrage was sparked because the Hollywood actor Nicole Kidman was allowed into the city without quarantine (7 days for Australian travelers at the time of her arrival, but increased shortly after to 14 days for the fully vaccinated and 21 days for the unvaccinated). This waiver was...

New top story from Time: Thinking About Buying a New Car? It May Be Smarter to Wait a Year—Or Longer

https://ift.tt/3zeivWQ Before the pandemic, Earl Stewart could count over 300 new cars sitting on the lot of his family’s Toyota dealership in South Florida on any single day. The high inventory meant customers could find the exact model and color they wanted for well below sticker price. But now, Stewart’s lot has just a fraction of the cars he had before, with inventory down to 31 as of Friday. That’s because a global shortage of semiconductor chips supplied primarily from Southeast Asia—where COVID-19 cases are among the highest in the world—has forced automakers to cut production. Nearly 20 auto factories have stopped or reduced production in recent weeks due to supply chain issues, affecting plants across the globe. At Ford’s Kansas City assembly plant, which builds the F-150 pickup and Transit van, employees were temporarily laid off for one week as they continue to wait for back-ordered chips to become available. General Motors announced it will temporarily stop produc...

New top story from Time: R. Kelly Found Guilty in Sex Trafficking Trial

https://ift.tt/3kMSmKc (NEW YORK) — The R&B superstar R. Kelly was convicted Monday in a sex trafficking trial after decades of avoiding criminal responsibility for numerous allegations of misconduct with young women and children. A jury of seven men and five women found Kelly guilty of racketeering on their second day of deliberations. The charges were based on an argument that the entourage of managers and aides who helped the singer meet girls—and keep them obedient and quiet—amounted to a criminal enterprise. Read more: A Full Timeline of Sexual Abuse Allegations Against R. Kelly [time-brightcove not-tgx=”true”] Several accusers testified in lurid detail during the trial, alleging that Kelly subjected them to perverse and sadistic whims when they were underage. For years, the public and news media seemed to be more amused than horrified by allegations of inappropriate relationships with minors, starting with Kelly’s illegal marriage to the R&B phenom Aaliya...

New top story from Time: Godzilla vs. Kong Pairs Two Formidable Monster Foes—Too Bad About the People

https://ift.tt/3fqtTbb The mere concept of King Kong going up against Godzilla is, as the fancy people say, a false dichotomy. Though many of us may harbor a slight preference for one or the other, there can never be a clear winner or loser because, face it: both are awesome. In fact, the only problem with any enterprise featuring these two most enduring titans is that there is always a necessary but troublesome plot involving people. And humans in these movies—unless being held aloft from a skyscraper-top in a skimpy dress, or trampled beneath a pissed-off reptile’s clumsy, unmanicured toes—are almost always a bore. They certainly are a plot liability in Godzilla vs. Kong, though it’s not exactly the fault of the actors, who are all perfectly attractive and capable: Rebecca Hall plays brilliant person Ilene Andrews, also known as the Kong Whisperer, for obvious reasons. Alexander Skarsgård is Nathan Lind, a hottie masquerading as a slouchy academic—his specialty is a ...

How to Pay for Parking at The City's New Multi-Space Paystations

How to Pay for Parking at The City's New Multi-Space Paystations By Pamela Johnson One of San Francisco's new paystations as the city moves away from its aging parking meters. How drivers pay for street parking in San Francisco continues to evolve. In March 2022, the San Francisco Municipal Transportation Agency (SFMTA) began the Citywide Parking Meter Replacement Project to replace San Francisco's aging 27,000 parking meters. Half of the parking meters will be replaced with new single-space meters and the other half with multi-space paystations that use a brand-new pay-by-license-plate system. The project is expected to be completed by the end of 2024.  San Francisco uses paid parking to create curb availability in commercial districts and high-demand neighborhoods. When parking meters are in operation, drivers spend less time circling the block looking for a space. Less circling means less congestion and fewer greenhouse gas emissions.   To help drivers use the new m...

New top story from Time: The Huge Cargo Ship Blocking the Suez Canal Is Now Afloat, Maritime Company Says

https://ift.tt/31pOrIH Salvage teams freed the Ever Given in the Suez Canal, according to maritime services provider Inchcape, almost a week after the giant vessel ran aground in one of the world’s most important trade paths. While the ship is floating again, it wasn’t immediately clear how soon the waterway would be open to traffic, or how long it will take to clear the logjam of more than 450 ships stuck, waiting and en route to the Suez that have identified it as their next destination. The backlog is one more strain for global supply chains already stretched by the pandemic as the canal is a conduit for about 12% of global trade. Some ships have already opted for the long and expensive trip around the southern tip of Africa instead of Suez. The breakthrough in the rescue attempt came after diggers removed 27,000 cubic meters of sand, going deep into the banks of the canal.

New top story from Time: The Global Gender Gap Will Take an Extra 36 Years to Close After the COVID-19 Pandemic, Report Says, Report Finds

https://ift.tt/3u7UBcB The time it will take for the gender gap to close grew by 36 years in the space of just 12 months, according to the World Economic Forum’s 2021 Global Gender Gap Report . The report estimates that it will take an average of 135.6 years for women and men to reach parity on a range of factors worldwide, instead of the 99.5 years outlined in the 2020 report. 36 years marks the largest gain in one year since the report started in 2006. Examining data from 156 countries, the report has used the same methodology for the past fifteen years and looks at four indicators: economic opportunity, political power, education and health. Countries are ranked according to the Global Gender Gap Index, which measures scores across these indicators on a 0 to 100 scale, and these scores are interpreted as distance to gender parity, or the percentage of the gender gap that has been closed in a country. Although the report notes some progress in education and health, the...

New top story from Time: Half of U.S. Workers Favor Employee COVID-19 Vaccine Mandates, Poll Finds

https://ift.tt/3kqAHXc (NEW YORK) — Half of American workers are in favor of vaccine requirements at their workplaces, according to a new poll , at a time when such mandates gain traction following the federal government’s full approval of Pfizer’s COVID-19 vaccine. The poll from The Associated Press-NORC Center for Public Affairs Research shows that about 59% of remote workers favor vaccine requirements in their own workplaces, compared with 47% of those who are currently working in person. About one-quarter of workers — in person and remote — are opposed. The sentiment is similar for workplace mask mandates, with 50% of Americans working in person favoring them and 29% opposed, while 59% of remote workers are in favor. [time-brightcove not-tgx=”true”] About 6 in 10 college graduates, who are more likely to have jobs that can be done remotely, support both mask and vaccine mandates at their workplaces, compared with about 4 in 10 workers without college degrees. Christo...

New top story from Time: Israeli Leader Naftali Bennett to Meet with Joe Biden as Mideast Tensions Grow

https://ift.tt/38dzcpq WASHINGTON — Israeli Prime Minister Naftali Bennett’s meeting with President Joe Biden comes in the midst of heightened tensions with its regional arch-enemy, Iran, and as Israel grapples with a gradual resurgence of hostilities on its southern border with the Gaza Strip. Bennett, in his first state visit overseas since taking office, was scheduled to meet Wednesday with senior administration officials, including Secretary of State Antony Blinken and Defense Secretary Lloyd Austin, and on Thursday with Biden. In a statement released by the Prime Minister’s Office before his departure, Bennett said the top priority in his conversation with Biden would be Iran, “especially the leapfrogging in the past two to three years in the Iranian nuclear program.” He said other issues would also be discussed, including the Israeli military’s qualitative edge, the coronavirus pandemic and economic matters. [time-brightcove not-tgx=”true”] Bennett has spoken out ag...