Monday, January 19, 2015

Cop Hate: The Zombie Epidemic

As I watched the zombie movie World War Z recently, the images of perfectly normal people turning into raging, ravenous creatures reminded me of the anti-police movement spawned by the Ferguson riots I witnessed last August. 

How can we understand the swiftly moving and factually erroneous consensus that cops are killing unarmed black men all the time and everywhere? One answer is through the research of Daniel Kahneman. In his book Thinking Fast and Slow, Noble prize winning psychologist Kahneman describes a thinking error that plagues ordinary folks as well as researchers. He identifies two thinking systems of the brain. System 1 is our intuitive thinking which is the part of the brain that actually makes most of our decisions and drives most of our behavior. We are largely unaware of its influence. 

System 2 is our conscious decision making process where problems are examined and conclusions reached. Kahneman tells us that our System 2 thinking is influenced significantly, and surreptitiously, by System 1 thinking. This is why intelligent people can form an objectively incorrect conclusion such as that killings by police of African-Americans is rampant. 

System 1 thinking assumes what Kahneman labels WYSIATI - "what you see is all there is". This derivative of our caveman minds makes quick assessments based on limited information to survive. Rhetoric about Ferguson in newspapers, blogs, and tweets saturated the media. Many, moved by the emotional impact of the event, believed what they read. Kahneman says this thinking "suppresses ambiguity and spontaneously constructs stories that are as coherent as possible. Unless the message is immediately negated, the associations that it evokes will spread as if the message were true."

Kahneman also notes that small numbers are much more prone to erroneous conclusions than large numbers. There's some statistical math involved, but essentially the fewer examples one tests, the chance of randomness being identified as a pattern increases significantly. Kahneman says there is a strong bias toward believing small samples: "We are prone to exaggerate the consistency and coherence of what we see." What this means in the current debate is that: 1) people heard the first narrative of police killings of blacks and not only believed it but immediately framed all stories within that mindset and, 2) the number of unarmed black men killed by police is so small as to make it mathematically impossible to draw any conclusion outside of randomness. In other words, even if there is a "kill bias" based on police perceptions of race, there is not enough data to prove it because the events are, in fact, quite rare. 

Our brains are crazy about finding patterns. Basketball fans just know that sometimes players get a "hot hand", but statisticians have proved that these are random events. The casino industry relies on gamblers believing they have found a pattern that will repeat for a big win but, again, math always wins. The formulations of a pattern that frames our thinking and behavior is useful, but often factually flawed based on limited data. Such is the case with the social contagion exhibited by protesters and pundits about the police "pattern" of  killing black suspects. 

These brain based biases are cemented so quickly that we will ignore compelling evidence that contradicts them. That's why those reading this article with the already formed conclusion of black victimization by police will not likely use their frontal cortex to examine facts that may change their thinking. Grand jury findings and investigative reports are rejected as flawed and unreliable against their predisposed belief. When people use the comic line "my mind is made up, don't confuse me with the facts", they are stating a fact of brain science that can be overcome only with a disciplined consideration of facts which most are unwilling to work through. "Sustaining doubt", says Kahnmen, "is harder work than sliding into certainty."

The consequences of understanding how contagious opinions are formed are significant for police leaders. First, it is encouraging to know that there may be a scientific explanation for the mass behavior that seems to be irrational. Secondly, we can be aware that we should not make sweeping procedural changes based on public opinion that may have no basis in fact. That's not to say we don't consider the political and diplomatic consequences, but making permanent changes that may reduce officer safety must be done based on reliable data. Third, we know that only an infusion of factual information can inoculate the population from the zombie march of brain dead thinking. 

The current anti-police sentiment will not fade like the Macarana or the Ebola panic. Unless law enforcement leaders arm themselves with reliable data to share with the pubic, the mythology of the current movement will become embedded as a cultural reality. We must not allow this mistake of history to prevail.

Monday, December 15, 2014

The ACLU Challenge: Show Me the Tanks and Machine Guns

Being the libertarian leaning citizen that I am, I confess that on some issues the ACLU and I are on the same page. Those pages may not make up a large book, mind you, but I'm not in favor of unnecessary government intrusion any more than they are.

We differ on the issue of some law enforcement realities that the ACLU interprets as unnecessary government intrusion. Their recent screed against SWAT and "militarization" has been a loud voice in the chorus of anti-police rhetoric that has swept the country and plagued its public servants.

Since I am open to correction I am willing to donate $100 dollars to the ACLU if any American citizen can prove that tanks and machine guns and "militaristic" gear is a plague upon the nation. That's right, a crisp Ben Franklin for the first of any of the following brought to my attention and verified as having occurred within the last two years in the continental United States:

1.  The existence of any tank in the inventory of any local or county law enforcement agency. A tank is a tracked vehicle with a functional revolving turret on which is mounted a functional cannon capable of firing explosive rounds and with such rounds in that agency's inventory. Armored rescue vehicles do not count.

2. A documented use by any local or county law enforcement agency of an automatic weapon used in a tactically offensive (i.e. not defensive; not emotionally or socially offensive - I mean shooting at somebody) manner during a police operation in which no suspect was armed with formidable weapons, or against a citizen not engaged in criminal behavior.

3. A documented use by any local or county law enforcement agency where an item of protective headgear (helmet) or other personal protective item worn on the body (ballistics vest or gas mask) has been used in an offensive (i.e. not defensive; not socially or emotionally offensive - I mean used to hit somebody) against a citizen not engaged in criminal behavior

I would like to invite the ACLU or any other police critic to formally accept the challenge by donating $100 for each of the three issues to a cause of my choosing if no one comes forward.


Tuesday, November 11, 2014

Ferguson Protestors' Rules for Police Inspiring New Era of Negotiation



The “Don’t Shoot Coalition” in St. Louis, Missouri has presented a package of requests to police officials on how to handle protests that will occur after the announcement of the grand jury’s decision on Officer Darren Wilson, investigated for the shooting of Ferguson resident Michael Brown.



Among the requests are no armored vehicles, no rubber bullets, no rifles, no tear gas, a safe house of refuge, advance notice of the grand jury decision, community-friendly policing, no mass arrests, hands off media representatives, allowing longer and more massive occupation of spaces than normally allowed, more tolerance of minor lawbreaking (such as throwing water bottles at police), no excessive force, and a few other details.



This is a great opportunity for others who anticipate criminal activity to jump on the rules of engagement bandwagon. Narcotics peddlers can begin requesting a no SWAT response to search warrants. Bank robbers should be allowed to get an ETA on responding officers to provide a reasonable lead time for their get away. Fraudulent check writers can negotiate for no prosecution unless they write a really bad check. As implied by the Don’t Shoot Coalition, all offenders should be allowed to throw things at police officers if they are sort of small things that probably won’t really hurt that much.



Sex offenders should negotiate being allowed one false identity to avoid the harassment associated with registering all the time. Arsonists, of course, would have to hold separate talks with the fire department officials to promise low water pressure on smaller fires.  Car thieves clearly would need to be assured a full tank of gas and insurance in case they crash when pursued. Unless, of course, pursuits are negotiated out of existence.



The real beauty of this expanding plan is that eventually police officers will be allowed to negotiate on some of these terms. For example, law enforcement could ask for a label on the thrown water bottles to assure that they aren’t filled with acid, urine, chlorine, or made of glass. Or we could just go with the honor system and hope the throwers stick to their principles of assaulting officers with relatively soft things.  The advance notice concept would be very helpful on all criminal activities. Even five minutes would be nice.



As for protective equipment, perhaps a provision that if one officer or more is killed or injured by that rare antagonistic, rule-breaking criminal, then a time out is called and officers can get into their gas masks or armored vehicles as deemed necessary by a standing committee.



Snarkasm aside, protests invite police attention, to be sure. But there is no reason to believe that law enforcement would interfere unless chaos and significant lawlessness break out, as happened during the initial riots. The coalition’s verbiage heavily implies that law breaking is anticipated and planned (but just a little bit). We used to call planning criminal activity “conspiracy”, not “negotiation”.

Sunday, November 9, 2014

Brown, Wilson, and the History of Cop Hate



The collective pronoun "they" may be the most dangerous predictor of a tumble from impatience to harshness to hatred. "They always do that." "They need to get their act together." "They should be shot". The beginning of bigotry's hate is the convenience of category.

Comes now Ferguson, Missouri police officer Wilson in the matter of the death of one Michael Brown. Facts and physics be damned, Wilson is carrying the weight of "they" on his shoulders. From the long dead lawmen who gathered up escaped slaves to the ones who let loose the dogs and billy clubs on the Edmund Pettus bridge, Wilson shares a badge tarnished by suspicion and cynicism.

Wilson's decisions are not allowed to stand alone in the court of public opinion. He stands with the "they" of the hatred of cops by some and the love and respect of cops by others. 

Questions of why the prisons are full of young black men stand on Wilson's shoulders. Suspicion of an ever increasing Big Brother government stands there, too. A generation of self-centered, sheltered Americans leap on him. Those who never vote but readily protest and opine climb aboard. Those who fear oppression and those who fear lawlessness comprise his stand.

Darren Wilson was not every officer any more than Michael Brown was every black teenager. The ghost of all of history may hover over every "they", but when two men make individual decisions, the judgment must be framed by those individual moments.

The law is quite settled on these matters. If activists want to change the law that is another debate, but the law as it stands is clear, should anyone care to look:

"The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments - in circumstances that are tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation." [Graham v. Connor, 490 U.S. 386 (1989)]

Popular opinion fails in precisely the way that the lawmaker's predicted when courts and juries and the calm, rational systems of jurisprudence were designed. The law does not have a chip on its shoulder because a cousin was treated badly by the police. Jurors must not make any correlation between some SWAT team's error somewhere and Wilson's trigger. Those who really want justice wait for truth to be distilled from the chaos of public opinion.

They are few. 

Friday, November 7, 2014

What Brittany Maynard Wanted Us To Talk About


I know nothing about Brittany other than what the media reported and that she ultimately made the decision to die at a time certain rather than a time uncertain.  By making this decision public she apparently wanted part of her legacy to be some discussion about – presumably leading to agreement with – a person’s right to determine when to end their own life.  I won’t comment directly on that issue, but rather about how we comment about that issue.

What disturbs me about that discussion as I’ve seen it played out on Facebook is that the real freedom to opine about the matter doesn’t exist. Much has boiled down to diatribes against Christians for being judgmental, the same tired puff we heard about reactions to Robin William’s suicide.

I’m always fascinated by the biblical literacy of those who use the only Bible verse they want to quote: “Judge not”.  It is often quoted with the implication that we can’t judge somebody else because there are no moral absolutes. The moment this is said, the speaker is making both a judgment and a pronouncement of a moral absolute.

We do assess, calculate, discern, ponder, promote, reject, accept, agree, disagree, and rant and write. What part of this is judgmental in an unacceptable way? The overarching issue of the sanctity of life, the ponderings on God’s will and purpose, the calculus of hope versus despair are all quite legitimate and transcendent things to think and talk about.

A recent post (http://bit.ly/1okZegf) was very insightful and compared Brittany’s plight with the jumpers from the World Trade Center. The writer’s point was that those who chose to jump to their death rather than be swallowed in the flame and poison of the exploding plane were no different than Brittany’s choice. The writer points out that the jumpers were considered homicides rather than suicides just as Brittany’s choice was not to die but how and when to die when faced with a certain terrible death. And I think that is a great point. But the author seems to think it important to say “Christians should be the people who are the least judgmental” in the typically sanctimonious not so subtle paraphrase of  “I wish Christians would shut up”.

I suppose, with the millions of folks commenting and claiming Christian affiliation, that there were some who said that Brittany’s choice was a choice that sent her straight down the garbage chute to hell (which would be a doctrinally unsound pronouncement). But what I heard was sadness, a desire for hope, and the very real and necessary discussion about the circumstances around a person’s right, ability, and capacity to end their own life and all of the potential social consequences attached. My mother made treatment decisions about her cancer and life expectancy. My father was on life support and we agonized over that treatment, too. I’ve assessed dozens of suicidal persons. All of us are touched by these kinds of decisions – even Christians.

Why can’t we discuss whether our hypothetical decisions to jump from the World Trade Center would be different if we knew that rescue was close, or that by suffering before we die would could lead someone else to safety, or if we knew we could actually survive but be disfigured? If we want zero suffering, the answer is pretty easy. Other than that, we need to agree that it is horribly complicated.

Let Christians campaign in extremism in favor of life over death with their worldview of transcendent and eternal consequences. Let those who favor suicide and euthanasia campaign in extremism for total individual determinism with their worldview that individual choice trumps social consequences. Why must the former be labeled hateful, the latter as open-minded, and anyone in between as anything else? 

Tuesday, October 14, 2014

A Cause Turned Stupid

Jim Croce's ballad gave a good definition of wasted effort: You don't tug on Superman's cape, you don't spit into the wind, and you don't try to make intelligent commentary about the St. Louis area rioting. And yet, here I go.

There was a time, despite the distortions of the Michael Brown shooting, that the opportunity to really talk about justice and race in America was an open door. Although the premise that Officer Wilson shot Brown because of their respective pigmentation remains unsubstantiated, sympathetic minds saw the pent up frustration of a segment of Americans burdened by a legacy of discrimination. Prisons full of black Americans and reports of profiling are compelling.

Then it turned stupid, and thinking citizens are increasingly rightfully embarrassed by the whole affair.

Please take note that when I use the word "stupid", I am only borrowing from our President who has used the word in reference to the police. His endorsement of the word makes it clear that it is not a racist term and that it is appropriate among bright thinkers in discourse of sober matters.

The turning point for most observers was rioting after a black male attempted to kill a St. Louis police officer who shot the man after dodging three bullets. To think that Officer Wilson assassinated Brown at high noon on a Saturday for jaywalking was implausible to begin with, then the subsequent wild anger overshadowed any attention to potential facts. The latest rioting because an officer defended himself from a murder attempt is stupid in the first degree.

The important dialogue was lost early when leaders failed to lead. The discussion was framed by Missouri's Governor acting stupidly by sharpening the pitchforks of the mob and urging swift prosecution of Officer Wilson. Missouri Highway Patrol Captain Johnson acted stupidly when he inflamed the crowd by apologizing for wearing the uniform. Al Sharpton acted just as expected, so I can't say he acted stupidly. But he did fail to act wisely when there are bridges that need to be built and not burned.

And every citizen, regardless of color, who has failed to vote in his or her own back yard has no claim on the shape and color of their local government. Complaining about white rule when 77% of the voting population is black sounds more like consent than rebellion. We are still a democracy and one that was fought for at great, tragic price in the civil rights era by courageous black men and women, and allies of every stripe who should be the heroes whose voices are heard today. One vote is more powerful than any brick thrown through a window.

Protesters who wear shirts that say "Don't shoot me because I'm black" make a mockery of black murder victims where all but 200 of the 2,648 black homicide victims (2012) were killed by one of their own race. And nobody wants to hear that over 40% of officers murdered were killed by black offenders.

The blindness of the whole mess is in the implicit claim that racial disparity in the land is singularly because of the police. If black Americans get relatively poorer prenatal care, have less stable family structures, get lower quality education, worse nutrition, less quality health care, more inadequate housing, less mental health support, fewer opportunities for banking, and all of the host of seen and unseen differentiation in our society why is it that an encounter with a police officer is blamed for our prison population? Let the police be accountable for what is traceable to their discretion. Fixing the police - if indeed they are broken - will not fix the systemic problem that the protesters ostensibly decry.

The fixing that needs to happen will begin with real dialog, real data, and finding out who the real heroes are.

Wednesday, October 1, 2014

Obama's Hypocrisy on Mistrust of the Police

I try to be honest enough with myself to admit when I agree with something said by somebody with whom I usually disagree . When I saw the headline about President Obama's remarks on mistrust of the police I began my deep breathing exercises in anticipation of another blood pressure spike. To my surprise and delight, the President made several statements with which I agree during a speech to the Congressional Black Caucus.

Mr. Obama spent a significant amount of time on the issue of justice, giving the topic highlighted attention among other sobering topics of war, disease, and the economy. The President, although entertaining applause for the parents of Michael Brown, declined to be accusatory and avoided referring to Brown as being "murdered". Obama accurately said that "the anger and the emotion that followed his death awakened our nation" to the "gulf of mistrust exists between local residents and law enforcement" rather than saying the shooting was a direct result of racism as is declared by many.

Obama observed that "many young men of color feel targeted by law enforcement", using restraint to acknowledge that the problem is one of perception that may or may not be sustained by reality. The President also made references to the perception of inequality in the criminal justice system as a whole rather than going for the easy applause of blaming the police only.

The President also acknowledged that government can't raise America's children, and called for more collaboration with private groups to meet the challenges young people face.

Most interesting is Mr. Obama's use of the phrase "strong policing". In declaring that mistrust harms "the communities that need law enforcement the most" and need "strong policing", this President, for the first time I can recall, acknowledged the value of police officers.

This from the man who famously referred to Cambridge, Massachusetts police officers investigating a reported break-in as "acting stupidly". The facts of the case are that the officers responded to a citizen report of a man attempting to break down the front door. The officers confronted an unknown person whom they asked for identification. The person was a friend of Obama, and is a prominent black scholar who was the homeowner. According to the police report, the man immediately started yelling "THIS IS WHAT HAPPENS TO BLACK MEN IN AMERICA!"

Obama refused to back down from his "stupidly" comment, to which he had added an angry polemic about racial profiling, but did make a sideways apology for adding to the "media frenzy" over an issue that is "still very sensitive". The President stated two days after the remark that his words had "I think, I unfortunately, I think gave an impression that I was maligning the Cambridge police department or Sgt. Crowley". The closest to an apology that I can infer is that, as the President said, "I could have calibrated those words differently", which was perhaps an apology for not finding an acceptable replacement word for "stupid" to refer to the police.

Befitting the low status of a police officer, the President, Joe Biden, the professor, and Sgt. Crowley were invited to talk over peanuts and beer in the Rose Garden of the White House. There was reportedly no apology that arose from that condescending photo op.

While I have yet to forgive the President's harmful remarks in favor of his professor friend, I liked Obama's remarks to the Congressional Black Caucus last week. With a small hope that the inflammatory anti-police sentiment might be turned down a notch by the White House, I'm still waiting for a full statement that America's law enforcement officers, and therefore the public whom they serve, have been put at greater risk by the frenzy of criticism from spineless politicians patronizing black citizens for headlines and votes.

Mr. President, at the time of this writing, seventeen police officers have died in the line of duty since Michael Brown was shot. Seven of those were murdered. Did any Department of Justice representatives attend their funerals, or are words of condolence and support reserved for anyone else but those in blue?