Showing posts with label citizen oversight. Show all posts
Showing posts with label citizen oversight. Show all posts

Monday, July 06, 2020

A Thin Blue Line? What to do about bad cops. Light is our best friend.

The "thin blue line" is a monicker used to stand for police, asserting they are the slender bulwark which keeps society from descending into violent chaos. A more extreme, adversarial emblem of cop solidarity in the face of oppression by an ingrate citizenry - often appearing on tattoos -  is the skull symbol from the Punisher comic series. These memes have spread avidly, now in counter-beat to “Defund the Police” and both of them elicit hand-rubbing glee in Kremlin basement troll farms. (And so - to an extent - does the ill-chosen phrase "defund the police.")



This time I plan to discuss Police Unions, focusing on how to continue protecting ‘good cops’ while finally delivering at long last on 50 years of solemn promises to ‘eliminate the bad apples.’  Indeed, in the short term we need a slogan like: “Protect both citizens AND good cops from the calamity of bad cops.”

Over the long term, though, we’ll see below that that entire point may be moot. Police forces will professionalize and gain accountability, just as they will get much smaller. 
It will happen for many of the same reasons that are playing out  now, in our streets, and that I predicted in The Transparent Society.

== The debacle of Police Unions - a practical reform ==

The New York Times published an investigation explaining how police unions have amassed political power and blocked change. Ever more it’s become clear that the unions are central to the entire mess and their members need to be told: “You can either continue to reflexively protect all your bad apples, using procedural and contractual and legal maneuvers… OR protect the vast majority of your members who are good cops from the deterioration that those bad apples bring to their working lives. You cannot do both.”

Yes, some of those procedural protections had reasons. If a chief or mayor can fire police officers at-will, that power will often be misused politically, or for graft, or blame-deflection. Moreover let’s be clear that eliminating such protections for civil servants, in general, is the top priority – often stated openly – of the Republican Party, bringing back the spoils system and ending the autonomy that has made the 4th branch of government the biggest obstacle to oligarch feudalism.

So, while we aim to bring the cop unions around, turning them into forces for good, that does not mean elimination of procedural safeguards!

Is there a way to get a win-win? There is… and this method can apply to Teachers Unions, too!  Here’s how.

== Simple, direct and practical ==

Set up FIVE STAKEHOLDERS. City officials, senior cop management, neighborhood citizen oversight commissions… and an annual confidential poll of all officers in the precinct.  All are asked to “name cops you know are rotten, or loose cannons, or threats to public safety or professionalism, or who just scare you.”

The fifth input is automatic… from complaints filed against officers.

Now the rule is simple. If an officer is in the bottom 5% according to ALL FIVE stakeholder groups, ejection for cause is automatic. No appeal. No buyout. No nothing. Get lost.

If it’s four out of five, an appeal is allowed, but the presumption favors firing and the appealing cop bears burden of proof it should be otherwise,

If it’s three out of five stakeholders who denounce him, all of today’s processes play out before an impartial board, with firing entirely up to the board. But even if the officer is retained, she or he is publicly named and warned and given retraining.

If the officer is denounced by just two out of five stakeholders, or just one, the board inquires confidentially into causes and determines if a full hearing is called for, and remedial training is needed, but presumption is made in the officer’s favor the first or second time.

This approach allows the union to stand up for members against capricious bias or political interference, or else a public smear campaign. But if the public in a precinct and the cop’s secretly-polled peers AND a citizen oversight panel all agree, shouldn’t the bad apple get to speak… but then (default) go away?

(Note that this entire process is a matter personnel management and not for dealing with specific complaints of particular crimes or wrongdoing, which are handled separately, though they can initiate this process. Here we are talking about simply saying: "Whether or not your misdeeds are proved: we don't want to work with you anymore!")

The same should hold for teachers. We recall one awful fellow who all the parents and students and fellow teachers hated, who was protected by tenure. With those three stakeholders, plus administration and outcome test scores in play, shouldn’t the same sort of arrangement give us a win-win? A way to protect teachers from any one kind of bias campaign or unfair railroading… but also to eliminate the worst, when diverse and competing stakeholders agree?

It’s called NON-ZERO SUM thinking and one of our goals, after winning this year’s life-or-death fight for civilization, should be to reinstate it as something that we normally try to do. You’ll find lots of other examples in POLEMICAL JUDO.

Of course for now, all of the above is just blather. Sure, it would work and all that, finding a win-win overlap of interests. But with black folks being outright murdered before our very eyes, the time for subtle solutions lies ahead of us by months, not days.

For now, we march. We shout. We must.


== A simpler alternative ==

Discussed on NPR - a much more basic solution using market forces to eliminate bad cops …requiring them to individually have (along with their respective police forces) liability insurance, as we require doctors, lawyers, barbers, and hairdressers to do. Sure, the department subsidizes premiums on a matching basis. Still, cops with bad records will be viewed, properly, as bad risks who raise everyone else’s premiums.

Yes I talk about insurance as the libertarian alternative - never mentioned by libertarians - all the time. Including in POLEMICAL JUDO.


== Did I say it’s about light? ==
        
Will you forgive me if I say that much of this ‘cop problem’ ought to go away organically? And for a reason I discussed in The Transparent Society (see especially page 160!) 

The reason is simple, but you may have to pause and step back a minute.

It's long been proved that criminals are not deterred so much by envisioning punishment, as they are by the relative certainty of getting caught.  It matters far less what penalty awaits than knowing “I’ll be seen and identified, so I better not do it.”

And yes, we are seeing it today, on our streets, as the prevalence of phone-cameras has made it harder to conceal misdeeds performed out of doors. Even back in the 1960s, Martin Luther King credited the presence of primitive newsreel and TV cameras with saving his life, multiple times, and verifying the testimony of civil rights workers before the eyes of an appalled public. As Will Smith recently said: “It’s not that things are as bad as the 1860s, they aren’t. It’s not that things are as bad as the 1960s, they aren’t. It’s that they are filmed.”

What I find strange is that no one seems willing to put all this together and extrapolate what happens when citizens become ever-more omniscient, with their pan spectral Augmented Reality goggles supplemented by tiny drones you can order to peek down that dark alley over there. Do you honestly think one top outcome won’t be less violent crime? 


And if there’s a lot less crime, then won’t there be fewer police, allowing us to hyper-professionalize those who remain?

Oh, once, just for once will you curb the cynical reflex and not just leap to assume the worst Orwellian outcomes? Actually work with me, here.

 Let’s suppose citizens calmly do as recommended in The Transparent Society and elsewhere, aiming light of sousveillance at all elites, preventing Big Brother.

Further let's all strive to ensure that we evade the trap of “social credit” homogenization that is being erected in some countries right now, as a means of conformity enforcement and social control. I go on elsewhere about how we can achieve that.

But no, for now let's stick to the street crime that the Thin Blue Line is set up to protect us from. Now squint and consider a future in which you are safe on any street at night, not because every streetcorner has a cop, but because your own augmented senses guarantee it. Most crime is deterred by us, not by armed agents of the state. 

Is that the ultimate overlap of liberal and libertarian goals? That the thin blue line grows thinner as the need diminishes?

And don’t you think the good cops of today – the best ones who remain – would rather practice their calling like doctors, both skilled and relatively rare?

Yes, we have battles in the here and now. I am as hip deep in those as any of you! 


But we are supposed to be the ones who also lift our gaze farther ahead. And the very trends that make us vexed today may also be the ones offering a path to sunlight.

Monday, May 04, 2015

Justice from Transparency

A tsunami of light... In a cameras - everywhere culture, science fiction becomes reality, The Los Angeles Times ran an excellent run-down on this year’s status of camera and surveillance tech, showing how the trend is accelerating. Oh... and this front page article features yours truly, in the first sentence and last...

...and on radio, I was a panelist about the trend of turning the cameras back on the police.  The latest? The ACLU offers a new cell phone app. One tap and your video-phone turns on while uploading the event directly to YouTube, in case the device itself gets “damaged”.  In Turning the Cameras Back on Police, I discussed this on NPR with an ACLU representative… along with a representative of the Los Angeles County police officers’ union and an organizer for Black Lives Matter.

Of course, all this media comes after 25 years predicting and opining on this inevitable trend. With this posting -- and this one -- among the most recent examples. 

== Are some folks starting to get it? ==

As that L.A. lieutenant typifies, the mature pros in our constabularies are already ahead of the curve, emphasizing that the 2013 rulings are fully accepted. "Citizens have a perfect right to record us, so long as they stand back and do not interfere."  Ah, but this will be a process (as I described in EARTH and The Transparent Society.) A process in which good cops will learn how to cull their own ranks of thugs...

... while the rest of us learn the subtleties of citizen power.  Take this article: 

What to say when the police tell you to stop filming them.

'First of all, they shouldn’t ask! “As a basic principle, we can’t tell you to stop recording,” says Delroy Burton, chairman of D.C.’s metropolitan police union. “If you’re standing across the street videotaping, and I’m in a public place, carrying out my public functions, [then] I’m subject to recording, and there’s nothing legally the police officer can do to stop you from recording.”  

Yet still some officers do. Last week, an amateur video appeared to show a U.S. Marshal confiscating and destroying a woman’s camera as she filmed him.'

'Most officers, says Sanchez, now know that bystanders have a legal right to film police. Now, instead of hearing assertions that they can’t record at all, he says that Copwatch volunteers are accused of interfering with police activity. “What we hear is, you can’t film here, you need to back up,” he told me. At which point, says Sanchez, the volunteer complies—by taking one step back.'

Me? Mr. Transparency is much less confrontational, when it comes to the small details. Hey, my aim is not to be an asshole, but to assert citizen oversight. I would instead say: 

“Out of respectful citizenship, officer, I am taking five steps backward.  Any further will impede my right – as your employer – to supervise you. But I am willing to listen, if you explain why you need even more space than that.  Oh, and meanwhile this interaction is uploading live.”

So, what if the fellow seems angrily about to lose it, and do something regrettable? Then I would speak loudly:

“Are you getting this Larry?  Well keep your camera aimed at me while staying out of sight!  We’ll see what this officer with badge number 68643 is about to do.”  

Whether or not “Larry” exists, by now they are starting to grasp this. That it is not the camera you see that will ultimately hold you accountable.

It's the one you don't see....

== And more on cop cams == 

Now this article from Gizmodo - How Police Body Cameras Were Designed to Get Cops Off the Hook -- yet again provides a feast of in-depth information about the cop-cam trend... while the author maintains the most amazing obduracy and inability to step back or ask even the simplest question.  Like "what might be next?" 

Not one year ahead, did he look, nor even try to extrapolate.  Or ask "What might happen when the plummeting price of body cams and instant cloud storage, puts these tools onto the lapels of every ghetto youth?"

Picture every kid, every harassed pedestrian or driver, with a little box and winking red light, and every frame going straight to online storage. Are you actually... actually telling us that won't change things?

(Note: I was talking this over with design guru Don Norman, and we realized that there are two innovations badly needed, right now, beyond the ACLU's instant-upload app.  In the SHORT term we have to come up with some kind of velco or hanging lanyard thing that will let ghetto youths get out of their car with their cell phones hanging free from their necks... so that they can raise their hands open and bare! Hands free is absolutely essential and you know why. These innovations are needed right now, this very moment... plus some millionaire to fund a very rapid deployment of thousands of cheap, hanging-phone-holders.


(Over the longer run, of course, we need small, blue-tooth detachable cams that any person can leave as a dash cam, but snatch up and pin to his lapel, before getting out of the car... and the very act of pinning it sets the upload going. Again, to complete the process, and NOT in order to be offensive to the majority of decent men and women who heroically patrol our streets. No aspersions, just moving on to complete this transition to a world of accountability and light.)

I portrayed this happening around the year 2020, in my novel EARTH.  In my nonfiction book, The Transparent Society, there is a section describing exactly this transformation, as citizens become empowered with both the right to look-back at authority and the tools to enable it.

No, getting back to the detailed and yet myopic Gizmodo piece, the issue here is one of journalism.  How on Earth does a fellow who cannot even squint at how the simplest tech trends might affect tomorrow get to opine and tell us what's going on? 

== Bright fools ==

How Transparency Will Change the World: In a pair of TED-style talks, Daniel Dennett, the Tufts University philosopher and cognitive scientist, and Deb Roy, the Massachusetts Institute of Technology professor and Twitter’s chief media scientist, talk about the spread of digital technology and the advent of social media has made it much more difficult to keep secrets. This new transparency will profoundly influence the evolution of our institutions, the authors argue. “When these organizations suddenly find themselves exposed to daylight, they quickly discover that they can no longer rely on old methods; they must respond to the new transparency or go extinct,” they write.

Dennett’s talk at a skeptic’s conference in 2014 is “Can churches survive the new transparency?  Starts rather interesting, by comparing our new transparent society to the sudden transition that life on Earth underwent, when (according to one theory) the oceans suddenly became clear or transparent. “Transform and adapt to a new, transparent society, or die,” he tells all organizations.  Alas, though, the second half of his talk slows down and devolves into another atheism rant, much too akin to the structured belief systems that he (with some good reason) disdains.  

Alas, as we saw in an earlier blog, most of the punditsphere is filled with bright fools yammering about Big Brother’s eyes, without offering a single suggestion what we might do to effectively hide from them.  Meanwhile ignoring the truly important matter, Big Brother's hands.

== Transparency blips ==

An ex-girlfriend of the co-pilot who deliberately crashed a Germanwings plane into the alps, killing all 150 on board, has told how he vowed to "do something" history would remember him by. Creepy … and totally to be expected.  Indeed. I told you all to expect more and more guys like this.  Call it the Erastratos Syndrome.” See my longstanding proposal for how to deal with it: Names of Infamy: Deny Killers the Notoriety they seek.

Twitter trolls getting their come-uppance when a vigorous (and empowered) dad hunts them down and names them?  Sure, it's straight from The Transparent Society​, but even earlier Vernor Vinge's story "True Names."  In fact this is a good thing. We need a society that forgives (in wary stages) youthful indiscretions.  But these guys have shown us they are the sorts of fellows who might be bullies, if not held accountable.  Most of us aren't.  We deserve better lifelong credibility than you do, putz. And accountability will flow.

More and more eyes are looking down on our planet: As both satellites and UAVs grow cheaper, smaller, and more ubiquitous, researchers and agencies such as SkyTruth and Global Fishing Watch are using increasingly pervasive sky images to catch cheaters and destroyers, tracking down environmental violations ranging from oil spills to wetland destruction, from illegal landfills to fracking to illicit fishing activity. Skytruth's motto: If you can see it, you can change it.... 

It all begins with shining light into the shadows.

Alas, the deepest shadows might bring about our worst nightmares. The money now spent on developing “artificial intelligence” or AI for finance, equities or commodities trading etc vastly exceeds the AI research budgets at the top 100 universities, combined.  And nearly all of it is done in secret, to develop programs whose ferocious drives are predatory, parasitical and all-devouring insatiable


That’s some combination!  As I have said repeatedly, “Skynet” won’t come out of the military.  It will come out of the portions of our economy that win every political battle and every tax break.  Indeed, what better clue that our AI overlords have already… come awake?

== Finally...politics ==

 "A Florida statute governing the preservation of public records requires elected officials, including the governor, to turn over records pertaining to official business “at the expiration of his or her term of office.”

Let's just take this law, in principle, and: (1) extend it to the period during term of office, and (2) to any communications not with close family members, and (3) require that such official uses only communications devices publicly certified to be reliably be recording all.

Oh, but an interesting aside: it took Jeb Bush 7 years to comply fully with a Florida law requiring him to turn over his emails. So much for yer dubble standard, boys.