Dear Elected Officials,

 

Police officers are, without question, some of the bravest women and men in our country.  Yet, like with any profession or vocation there are incompetents, imposters, and individuals overcome by racism (xenophobia and oppression) that ruin the quality of law enforcement nationwide.  The latter concerns millions of Americans and me.  I recommend a legal framework written in support of the citizenry, including citizens in law enforcement.  Good cops, in particular, will find support in these proposed policy changes especially groups like the National Coalition of Law Enforcement Officers for Justice, Reform and Accountability and 100 Blacks in Law Enforcement Who Care.

In light of the most recent events—the wanton murders of Alton Sterling and Philando Castile—and the wounding of twelve officers of the Dallas, Texas police force, including five who died during a peaceful Black Lives Matters protest here is what you must do post haste: criminalize police brutality.

Again, you must criminalize police brutality.  We call upon you to exercise moral will and political courage.  The time has come for this sort of progressive legislation.  It is essential that you muster the moral courage and political gravitas to do what is humane and decent in this critical hour in U.S. history.  Here is a recommended legal framework.  Establish the following laws—federal, state, and local—to criminalize police brutality:

 

1.     Immediately terminate the service of any officer who:

a.     Is a member of hate or terrorist group

b.     Uses or produces any media, social or otherwise, to articulate hate speech

 

2.     Immediately suspend without pay, any officer (on duty or off-duty) who:

a.     Fires a gun on an unarmed citizen resulting in the citizen’s bodily injury or death

b.     Is accused of rape

c.      Uses excessive force as established by established best practice and or federal guidelines

d.     Unlawfully detains or arrests a citizen

e.     Who is in proximity of any citizen who is assaulted, battered, or dies while in police custody

f.      Is potentially involved in a cover-up of the conduct listed above

 

3.     Place all of the above cases immediately under the authority of the Federal Bureau of Investigation (FBI).

 

4.     In the case of a shooting, use of excessive force (the assault or battery), and the death of a citizen unlawful detained or arrested, the officer’s case goes straight to the prosecutor’s office and an automatic indictment issued.

 

5.     In cases where a citizen dies in custody, an independent investigation by the FBI shall ensue before the indictment and prosecution processes are triggered.

 

6.     In rape cases, regardless of the gender or sexuality of the offended citizen, the officer must submit to the indictment process.  Establish a citizen’s complaint board comprised of five verifiable rape specialists, advocates, and physicians.  They, more than any group, are vested in insuring that only legitimate claims come forth and trigger the criminal justice process.  Again, the officer’s case goes straight to the prosecutor’s office and an automatic indictment issued. 

 

7.     In the case of a cover-up, the officer(s) involved must submit to the indictment process.

 

8.     If an officer is indicted, tried, and convicted of any of the crime listed above, his or her privilege to serve in law enforcement cease in perpetuity.  In addition, he or she may not serve as a security guard, bounty hunter, bail bondman, or private investigator, ever.  Additionally, they are prohibited from owning a firearm, deadly weapon, or retaining funds raised via a fundraising campaign to support him or her during their suspension or termination for police brutality.

 

9.     Prohibit police unions from offering legal representation to offending or indicted officers.  As an alternative, all police officers must carry professional liability insurance in the amount of $5 million throughout their employ, which they must pay for by themselves.  Failure to carry liability insurance is grounds for suspension until liability insurance is secured.  This serves two purposes—it reduces the power of the Blue Shield (including the Blue Wall of Silence) and should alleviate the burden of liability upon municipalities and taxpayers who pay the families of victims of police brutality.  (I must note that two days after I penned the initial draft of these recommendations in July 30, 2015, Andrew Joseph, II, stated this position at the Movement for Black Lives Conference in Cleveland, Ohio.  His son, Andrew Joseph, III, died in police custody in Tampa in 2014.)

 

10. Finally, you must limit the authority of laws like the Peace Officers’ Bill of Rights given force in California.  Certainly, do not give it authority nation-wide as the Fraternal Order of Police would like. 

 

One final point about police officers before we proceed: Make a degree from a brick and mortar four year institution or four years of military service with an honorable discharge (without a history of post-traumatic stress syndrome) a mandatory requirement for employment in a local police department or sheriff’s office.  In the case of a college degree, a candidate must have a degree in criminal justice.  Military service and college socialize women and men in ways that would truly foster a proper demeanor among law enforcement officers.

Additionally, there are issues in the “justice” system with respect to juries and prosecutors offices.  Here are a few more recommendations for good measure:

 

1.     Where the victim is an ethnic “minority,” one-half of the jury must be comprised of members of that same ethnic “minority” group.  Where this is not possible due to statistics verified by the U.S. Census, the required allotment of ethnic  “minority” jurors may come from other similar “minority” groups.

 

2.     Where the victim is female, one-half of the jury must be comprised of women.

 

3.     Where the victim is transgendered or homosexual (or any aspect of the LBGTQAI community), one-half of the jury must be comprised of LBGTQAI citizens.  We really need to take this notion of “a jury of our peers” to the next level.  It cannot just mean registered voters who share a geographical location.  It needs to mean people who can identify with the plight and social location of the aggrieved.  But, yes, we may have to extend the geographic boundaries as Minnesota has done to accommodate the need for jury who reflect the victim’s experience.  In most cases, the other half of the jury will reflect the wishes of the defense attorney—a fifty-fifty split then is evens stevens!

 

4.     Lastly, establish the Office of Special Federal Prosecution for Cases of Police Brutality.  These persons can work with or through local U.S. Attorney General Offices located throughout the nation.

 

There is one last issue—that of adjudication.  Who should judge these cases?  This is perhaps the most critical issue.  If you institute all that I recommend, but the judgments continue to reflect bias for the police (“blue privilege”) and systemic oppression against people of African descent and others, this frameworks will be as flimsy as a house of cards.  We do not want that, do we?

Thus, we must prohibit bench trials.  Never put such burdens on just one person.  Let the citizenry render the decision.  Such judgments are best for the community’s morale.

            This country’s track record on “racial” justice is shameful.  Our asking the United States government to “police” the matter internally, sadly, is ridiculous.  If necessary, set up a special international court with the aid of the United Nations.  As you know, the United Nations’ Committee on the Elimination of Racial Discrimination excoriated the United States in 2014 for “racial bias among law enforcement officials.”  The U.N. Committee Against Torture took a similar stance.   

I know, I know, the U.S. loathes submitting to international authority.  If we are honest, you have never ever done so.  We have to be honest here too—the Department of Justice, whose first allegiance appears to be to law enforcement, has failed the victims of police brutality and their families woefully.  It is time then to take a giant leap to get the aid of the International community.  Let us show that we can play nicely with others in the global sandbox.  

There will be all sorts of criticisms and maybe even a backlash from my proposal.  Do not be deterred.  Ignore the naysayers who argue that these provisions cannot be done for whatever weak reasons they propose.  Press on.  You know that legislatures (including Congress) pass horrible, inane, destructive bills all the time.  That alone establishes the power of what can be done. 

Yet, what I have offered here is great and worthwhile because my ideas will end, or at least reduce, police brutality.  That is a win-win for everyone.  My plan will save municipalities and taxpayers tons of money.  Colleges and the insurance industry will receive an influx of capital due to enrollment in criminal justice programs and the purchasing of liability insurance. 

This legal framework will allow for the removal of incompetent, unfit officers from the police force—including those who may actually be sociopaths or members of white supremacist hate groups.  Do not worry.  Good and qualified people will actually seek to “serve and protect” in law enforcement because the procedures will draw a higher caliber of candidates.

With these measures, Police-community relations can flourish.  We will ameliorate the existing and heighten “racial” tension in our country.  Good police officers can be rid of the stigma long associated with policing.  Weak, unrighteous prosecutors will receive relief from the burden of prosecuting police officers.  We may actually fulfill the lofty rhetoric of our Founding Fathers and show the world that we really do value all human life.  Lastly, HUMAN BEINGS will not die unjustly and needlessly.  Is all of this not wonderful?  Yes, it is.  As members of the family of humanity, we must all strive to do better.  Do utilize mechanisms for monitoring police conduct, independent civilian review boards for alleged police misconduct, community policing, and improving police training.  

Elected officials, ultimately, it really is up to you to cease the slaughter of American citizens.  You have the legislative power to do so.  Do not hedge on it.

 

My best,

 

 

Reverend Leah Lewis, J.D., M.Div., D.Min. (ABD)

#CreateJusticeNow