We are confronted with two new cases involving what appears to be abusive police behavior resulting in grave harm to African American victims. These cases are no longer surprising, as they occur with regularity. The murder trial of Derrick Chauvin put a national spotlight on the gruesome image of a black man under the knee of a white policeman, and his conviction has given many a momentary feeling of vindication and relief. But the just outcome of one trial does not solve the problem.
We recognize that many police officers are dedicated public servants who risk their lives daily to “protect and defend.” It’s a tough job. However, the undeniable reality is that some police officers are reckless and/or abusive, particularly when dealing with African Americans. The element of vicious racism and contempt for the lives of African American men, so evident in the case of the late George Floyd, can no longer be ignored. It is an aberrant but persistent vein in the history of American life. It must be uprooted through proactive laws and enforcement if our republic is to survive.
The NAACP Legal Defense Fund (LDF) has called for federal legislation that would end the culture of impunity for police officers when they violate the public trust with which they have been vested. Like the LDF, we support the George Floyd Justice in Policing Act, originally sponsored by Los Angeles Congressperson Karen Bass. We call upon the United States Senate to move forward with this legislation which facilitates federal enforcement of constitutional violations (e.g., excessive use of force) by state and local law enforcement. Among other things, once enacted, it would:
- lower the criminal intent standard—from willful to knowing or reckless—to convict a law enforcement officer for misconduct in a federal prosecution,
- limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer or state correctional officer, and
- authorize the Department of Justice to issue subpoenas in investigations of police departments for a pattern or practice of discrimination.
The bill also creates a national registry—the National Police Misconduct Registry—to compile data on complaints and records of police misconduct.
We also urge federal and state governments to enforce the anti-discrimination provisions of Title VI of the Civil Rights Act of 1964 against police departments that tolerate recurring incidents of police abuse.
Finally, we urge support for local community efforts to reimagine a just and equitable vision of public safety. While we do not agree with the more extreme interpretations of the slogan “defund the police”, we point out that actions have consequences, one of which is critical budgetary scrutiny of departments where police abuse continues unchecked. In some cases, the problem may be that police are being asked to handle problems that are beyond their skills sets and training, such as mental health or homelessness. In such cases, reprioritizing funding may serve the public interest.
We extend our condolences to the families of victims of police abuse.
