The Arlington Police Department believes that the agency is consistent with adherence to these policy recommendations. The department has provided the most up-to-date Use of Force policy to the organizers of this project so that the city section can be updated to reflect this belief on their website. As a reference point, the department has disseminated this social media graphic to the public to raise awareness on this topic.
What follows is a list of measures that purport to comply with the set of demands collectively called "8 Can't Wait." However, looking at the post (an image on Facebook, hence no link), I'm dubious. I see weasel words all through this. Let me explain.
The headers all refer to the eight points of "8 Can't Wait", but each of them adds qualifiers or other conditions that make each item meaningless.
1. BAN CHOKEHOLDS & STRANGLEHOLDS
Our department does not train on chokeholds or strangleholds. The use of the vascular neck restraint has been elevated to deadly force on the use of force continuum.
"Our department does not train on chokeholds" is a meaningless statement, because not training on chokeholds does not mean officers won't use them. In fact, by keeping chokeholds, or "vascular neck restraint", on the use of force continuum under "deadly force" (more on that later), it REMAINS AN OPTION, because police are permitted to use lethal force.
Also, thing to remember: Minneapolis banned chokeholds years ago.
2. REQUIRE DE-ESCALATIONThe weasel phrase is, "whenever possible and appropriate." Who decides if it is appropriate? The cop on the scene. Far from being a requirement, this is a suggestion which can be waved aside by the simple lie, "I thought he was gonna pull a gun."
Employees shall use de-escalation techniques and other alternatives to higher levels of force consistent with department training whenever possible and appropriate before resorting to force and to reduce the need for forces.
3. REQUIRE WARNING BEFORE SHOOTING
Our policy requires officers to issue a verbal warning, whenever reasonably safe to do so, prior to using deadly force against an individual.
"Whenever reasonably safe to do so." In other words, another judgement call left entirely up to the cop on the scene. This is no requirement, either.
4. EXHAUST ALL OTHER MEANS BEFORE SHOOTING
Our policy has de-escalation protocols in place. Our policy limits the authority to use deadly force when they reasonably believe it is necessary to protect any human life from immediate danger of death or serious bodily injury.
"When they reasonably believe it necessary." Again, up to the cop.
5. DUTY TO INTERVENE
Our policy requires employees to intervene to prevent or stop the use of excessive force by another employee when it is safe and reasonable to do so.
"When it is safe and reasonable to do so." So, if cop B is scared of cop A, nothing will be done.
Also: Minneapolis already had a "duty to intervene" regulation in place. Didn't save George Floyd.
6. BAN SHOOTING AT MOVING VEHICLESFirst, this was implemented by most law enforcement agencies DECADES ago. But even here, there's a gigantic loophole: "Exceptions include when the suspect is using deadly force." In most jurisdictions a moving vehicle can be considered a lethal weapon. So far from banning shooting at moving vehicles, this item all but GRANTS PERMISSION to do it.
Our policy states that officers shall not discharge a firearm at or from a moving vehicle. Exceptions include when the suspect is using deadly force against the officer(s) or others, and the exigency to stop the threat outweighs the potential risks involved.
7. REQUIRE USE OF FORCE CONTINUUM
Our policy provides for de-escalation where appropriate and includes a use of force continuum.
"We have a policy." Yes, because having a policy is the exact same thing as taking action.
A use of force continuum is, in fine, an explanation of how much force a cop is allowed to use in what circumstances. It's a thing practically ALL law enforcement agencies have. It's meant to be in basic police training. Add to this the weasel phrase "where appropriate", and this is just window dressing.
8. REQUIRED COMPREHENSIVE REPORTING
Our policy requires written electronic reports to be completed before the end of the employee's shift related to force. There is a multi-level supervisor review to ensure employee's compliance with policy and department expectations.
Uh huh.
Last week the Louisville police department released the official incident report of the no-knock raid that ended with the death by perforation of Breonna Taylor. The document was practically blank. Under "injury to suspect," the cops actually had the gall to write, "none." Obviously the cops there weren't afraid to lie on paper or just skive off on the paperwork.
But let's say, unlike Louisville, Arlington does actually write the reports. Who is going to review them? Nobody but OTHER COPS. That's what "multi-level supervisor review" means: the precinct captain and like that.
And that last point cuts to the heart of why this is a sick joke. Nowhere- ABSOLUTELY NOWHERE- in this drivel is one word about holding accountable police officers who break these rules. And that accountability is the whole point of the protests. That accountability is the only way we have to ensure these rules are being followed and that the "bad apples" are getting thrown out.
And that accountability isn't there because the police explicitly don't WANT it to be there.
Firing officers who use excessive force? Nope.
Ending, or even reducing, qualified immunity? Not a peep.
And that's why police departmenrts across the country are rushing to embrace "8CantWait"- because it requires them to change NOTHING. They get their gold star, teacher pats them on the head, and they go right back out to the playground and resume kicking heads in.
8CantWait is a joke. No reform can work unless the cops who resist reform- those who turn a blind eye, who forge reports, who shout, "HE'S GOT A GUN!" etc.- can be fired and permanently banned from wearing a badge ever again. 8CantWait doesn't even pretend to offer that.
Demand more.
Nerf The Police.
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