Three New York Detectives who were charged with manslaughter, assault and reckless endangerment were cleared on all charges stemming from the November 2006 shooting of Sean Bell. The verdict was handed down by State Supreme Court Judge Arthur Cooperman today in what has since become the perfect bull’s-eye for civil, racial, and religious organizations. But, I feel that these groups are missing the point of this tragedy. This case should not be made into another useful piece to hold up a racial or civil platform. Instead, it should be the measuring bar for future police cases to determine if reasonable force was used to resolve a given situation.
A brief case summary states that on the night of November 25, 2006 Sean Bell and 2 friends were on the final stretch of Mr. Bell’s Bachelor party. Around 4 AM a skirmish took place outside the Club Kalua between the victim and another party. Following this incident, Bell and his friends went to their car. What the undercover officers at the club assumed was that these individuals were going to the vehicle to get a firearm. Reacting to this assumption the officers followed the group back to the car.
Undercover officers had been staking out these types of locations “because establishments known as "strip clubs" often generate criminal activity including prostitution and narcotics, the Police Department club enforcement unit was given the task of infiltrating such places and pursuing violations of law that would lead toward shutting them down.” It was because officers had been working this angle to take down these criminal rings that officers were monitoring the altercation closely.
When the officers arrived at the car they drew their weapons on the individuals. Remember, the officers where in street clothes as part of their undercover work. Throughout the trial they were never able to prove that the officers identified themselves as policeman. While the undercover officers had their weapons drawn, an unmarked police van arrived effectively closing off the potential escape route of the individuals. Not knowing that the unmarked vehicle and the people with guns drawn on them were police officers, panic set in. Remember, it is early in the morning, alcohol is involved, and you have been trapped by individuals who have guns drawn you…what would you do?
Bell started to drive, narrowly missing one of the undercover officers before running into the unmarked police van. Bell then proceeded to reverse his course, backing the car up into a store front window and taking one more attempt and forcing his way pass the van. In the second attempt to pass the police vehicle, one of the officers declared “gun;” which was his gut reaction to the defendants moving in the car, after which the bullet storm began. In total over 50 shots were fired. Detective Michael Oliver in particular was responsible for firing 31 of these shots. The storyline and actions of the victims seems to warrant some type of police response. But, to what degree that response was should have been at the center of this case.
The beginning of Justice Cooperman’s opinion outlines the definition of a trial, which he says stated is a “formal examination of the facts of a case by a court of law to decide the validity of a charge. It is also defined in the dictionary as a hardship.” But, the key definition that Judge Cooperman overlooked was intent. The Law states that intent is the state of a person’s mind that directs his or her actions toward a specific object. The critical piece missing from this decision was what was the intent of the officers who fired 50 rounds at the victims?
Justice Cooperman speaks to this notion in the first third of his decision when he rationalized “It is important to note that in analyzing what happened here, it was necessary to consider the mind-set of each defendant at the time and place of occurrence, and not the mind-set of the victims.” If this is up for serious consideration, Cooperman seriously fails to go much further than this statement. This is the core of the case. What is the intention of a police officer who fires 31 shots at a victim? How does this incident not constitute criminal behavior? Where is the line between reasonable and excessive force? Unfortunately this was not included in the opinion.
The Bell case is a good representation of a situation that can create social unrest. In fact, I agree with the anger. I empathize with the community. But, I also understand the need for police to use force. However, future cases will need a clear interpretation of what constitutes a police officers right to use of force. This issue has been consistently overlooked over the last 20 years of court rulings. There is no standard. The moral code of wrongful death does not have its protection in the legal code. It is one issue that a young man is dead. It is another that the death came at the hands of the police. But, when the death seems to be excessive in nature and no criminal conduct is found, then what type of message is being sent or reinforced to our communities at large.
If the officers responsible for Bell’s death had been working undercover casing a specific group, then I would find it impossible to rule on the case without assessing the officer’s assumptions as they approached the car. What was their intention for confronting the individuals? As mentioned above, Judge Cooperman said that it was necessary to consider the mind-set of each defendant. Yet, near the end of the opinion, Cooperman steers away from his own introductory logic and concluded that “Questions of carelessness and incompetence must be left to other forums.” Doesn’t an individual’s mind-set encompass questions of carelessness and incompetence? If the mind-set is imperative to reaching a verdict, then how can this core question be passed along the judicial food chain?
Second-degree manslaughter is defined as recklessly causing someone’s death. To define an individuals recklessness, I would argue that the individual’s intention needs to be uncovered. I would not conclude that firing 31 times at a stationary vehicle is a reasonable use of force. Therefore, Judge Cooperman successfully passed along the ‘gray’ area of reasonable force to the next tragic incident. Until the courts are ready to provide a comprehensive definition of police force, social unrest will likely be the forgone conclusion for the time being.
Saturday, April 26, 2008
Tuesday, April 15, 2008
Ding…you are NOT free to move around the country.
With US economic conditions bordering on the cliff overlooking the recession valley, finding means of escape is becoming more of a challenge. No longer are vacations a safe haven away from everyday worries and concerns. In fact, if you can reach your destination you have done more than the individual next to you.
With a summer full of travel agendas ahead and spring breakers tans fading a little bit more with every day back, how do consumers proactively manage their travel plans? For most individuals, the process is a 3 part play:
Act 1: Pick a location
Act 2: Check the bank account
Act 3: Put in your vacation Request
But, in the wake of over 3,000 delays last week alone, consumers need to add one more act to the travel play:
Act 4: Pray to the Travel Gods
On April 2 the FAA officially released its first Airworthiness Directives (AD’s) of the new year. AD’s outline FAA safety initiative’s that hold the airway masters accountable to industry safety standards. These initiatives are the brain child of the FAA stemming back to the 1940’s. Though a complete inconvenience to travelers lately, the newest round AD’s can proudly boast of a 99% industry compliance level across all carriers.
But, even though AD’s have a long line of industry influence the ability for major carriers to execute these yearly updates seems to get worse. When an AD is released, a timeline is established. These Directives can have compliance timeframes from immediate action to years depending on the severity of the safety issue. Though proactively knowing what issues will be listed by the FAA is not the airline industry’s strength, learning how to manage updates should be.
Obviously, safety is an expectation of airline passengers; but so is timing. Most travel plans rely upon it. It is why we choose the departure and arrival times that best fit our needs. It is the starting block. Hotels, Cruises, and even the family reunion caravan needs some form of an ETA. So, when the airlines are forced to comply with AD’s, they should also be forced to accommodate the customer. Unfortunately, this not always the case.
According to the Department of Transportation's Aviation Consumer Protection Division the only time airlines are legally responsible to provide compensation is when a passenger is bumped from an overbooked flight. I would contend that AD’s that ground a flight constitute being bumped. If the airline is not able to execute a reasonable tiered plan to fix the airplanes in their fleet, the end result being that the plane is not able to maintain its scheduled flight, then the passenger is bumped. This would not fit into the DOT’s current rule that the bump was the result of an overbooked flight. But, if the airline is unable to reasonably restructure its scheduled flights to maintain its compliance with AD’s, then alternative options need to be given to consumers. The legal binding of responsibility needs to be more consumer driven.
In a year that has seen the economy continue to falter, food prices on the rise, and gasoline prices dissolving what is left of middle class disposable income all we ask for is our escape route to be protected. Vacations traditionally allow for detachment and rejuvenation. On average, productivity increases upon the return of an employee. Therefore, a message to the Federal government and the airline companies: KEEP THE AIRWAYS OPEN. If you need to update, then plan accordingly. If you ruin the travel plans for your consumers, refund them or give them vouchers. Consumer spending confidence is at a 7 year lull, and flirting with economic confidence levels that were shaky during the Bush (41) presidency. If current trends in the aviation sector continue, the last thing middle class Americans will do with their economic stimulus rebate is buy a plane ticket.
With a summer full of travel agendas ahead and spring breakers tans fading a little bit more with every day back, how do consumers proactively manage their travel plans? For most individuals, the process is a 3 part play:
Act 1: Pick a location
Act 2: Check the bank account
Act 3: Put in your vacation Request
But, in the wake of over 3,000 delays last week alone, consumers need to add one more act to the travel play:
Act 4: Pray to the Travel Gods
On April 2 the FAA officially released its first Airworthiness Directives (AD’s) of the new year. AD’s outline FAA safety initiative’s that hold the airway masters accountable to industry safety standards. These initiatives are the brain child of the FAA stemming back to the 1940’s. Though a complete inconvenience to travelers lately, the newest round AD’s can proudly boast of a 99% industry compliance level across all carriers.
But, even though AD’s have a long line of industry influence the ability for major carriers to execute these yearly updates seems to get worse. When an AD is released, a timeline is established. These Directives can have compliance timeframes from immediate action to years depending on the severity of the safety issue. Though proactively knowing what issues will be listed by the FAA is not the airline industry’s strength, learning how to manage updates should be.
Obviously, safety is an expectation of airline passengers; but so is timing. Most travel plans rely upon it. It is why we choose the departure and arrival times that best fit our needs. It is the starting block. Hotels, Cruises, and even the family reunion caravan needs some form of an ETA. So, when the airlines are forced to comply with AD’s, they should also be forced to accommodate the customer. Unfortunately, this not always the case.
According to the Department of Transportation's Aviation Consumer Protection Division the only time airlines are legally responsible to provide compensation is when a passenger is bumped from an overbooked flight. I would contend that AD’s that ground a flight constitute being bumped. If the airline is not able to execute a reasonable tiered plan to fix the airplanes in their fleet, the end result being that the plane is not able to maintain its scheduled flight, then the passenger is bumped. This would not fit into the DOT’s current rule that the bump was the result of an overbooked flight. But, if the airline is unable to reasonably restructure its scheduled flights to maintain its compliance with AD’s, then alternative options need to be given to consumers. The legal binding of responsibility needs to be more consumer driven.
In a year that has seen the economy continue to falter, food prices on the rise, and gasoline prices dissolving what is left of middle class disposable income all we ask for is our escape route to be protected. Vacations traditionally allow for detachment and rejuvenation. On average, productivity increases upon the return of an employee. Therefore, a message to the Federal government and the airline companies: KEEP THE AIRWAYS OPEN. If you need to update, then plan accordingly. If you ruin the travel plans for your consumers, refund them or give them vouchers. Consumer spending confidence is at a 7 year lull, and flirting with economic confidence levels that were shaky during the Bush (41) presidency. If current trends in the aviation sector continue, the last thing middle class Americans will do with their economic stimulus rebate is buy a plane ticket.
Friday, April 4, 2008
Some still left in the tank
Kiln, Mississippi (YBT) --For the second time in as many days industry insiders are acknowledging that Brett Favre is considering a comeback. The 17 year NFL veteran has been in discussion with numerous contenders, in the NASCAR world.
NASCAR officials wouldn’t elaborate, but it appears that discussions between Favre and seasoned sponsor Quaker State have taken place in the last 48 hours. The deal would allow for a one year training grace period followed by his debut in 2009 in the Green and Gold Quaker State number 4 car. The boost to the Quaker line up would be the NASCAR equivalent to the Fab 5. From an industry star line up consisting Jimmy Johnson, Jeff Gordon, Dale Earnhardt Jr. and Casey Mears, Favre would streamline a new fan base to the NASCAR family.
Quaker State’s Senior Vice President of Marketing Anne E. Tawney released a statement indicating:
“We do not want to confirm that any conversations have taken place between Quaker State and Mr. Favre. But, bringing in a proven winner to the Quaker Family will help promote our brand and increase our position in the marketplace. We work very hard to create awareness for the NASCAR campaign and adding such a recognizable individual to our industry will generate access to a fan base that we have not been able to build on yet.”
Other NASCAR officials also feel good about the rumored arrival of the former NFL star. Mike Helton, NASCAR president, mentioned that “I don’t know how much he would bring to the track, but I look forward to watching number 4 on Sunday’s again.” Though the heart beat of NASCAR fans do not embrace quote un quote ‘outsiders’ into their beloved sport, Favre represents the Southern blood the fuels the sports passion. Favre was born and raised in rural Mississippi and completed his college career at Southern Mississippi before being drafted in the second round of the 1991 NFL Draft by the Atlanta Falcons.
Exchanging the Grid Iron for the Race Track, Favre will surely still feel comfortable on his Sunday stage. Favre set numerous NFL records throughout his legendary career such as most wins by a starting quarterback (160), consecutive starts (275) and touchdown passes (442). How this success will translate to the track can only play out over time. Jeff Gordon, potential future teammate of Favre, said in passing “I look forward to it! Just tell him to leave my records alone.” Early indications of possible supporting sponsors to Favre’s second career campaign include some of Wisconsin’s finest. Spokesman for Sargento Cheese, Leinenkugels, and Johnsonville Brats have all given indications that they would help keep the Favre-Wisconsin connection alive.
NFL insiders have failed to comment. With the recent news of Cincinnati’s WR Chris Henry’s release, one would think the NFL would want a positive story. At the kick off of Packer mini-camp, head coach Mike McCarthy laughed at the speculation that Favre would try his hand in racing. But McCarthy did state that, “Well, if I find myself with some free time, I won’t mind watching Brett on the track instead of across the sidelines.”
Recent reports indicate that Favre is considering a return to the NFL with a different team. In the LA Times columnist Sam Farmer wrote “Favre's agent has quietly inquired with teams about their interest in trading for the three-time NFL most valuable player. The sources did not indicate whether Favre knew of the inquiries.” Though the report appears to be a complete fabrication, many networks and media outlets have jumped on this non-story and given it staying power that shouldn’t even last as long as this one…
After all, the only green and gold Favre will be driving in retirement will be his John Deere tractor when he mows the lawn.
NASCAR officials wouldn’t elaborate, but it appears that discussions between Favre and seasoned sponsor Quaker State have taken place in the last 48 hours. The deal would allow for a one year training grace period followed by his debut in 2009 in the Green and Gold Quaker State number 4 car. The boost to the Quaker line up would be the NASCAR equivalent to the Fab 5. From an industry star line up consisting Jimmy Johnson, Jeff Gordon, Dale Earnhardt Jr. and Casey Mears, Favre would streamline a new fan base to the NASCAR family.
Quaker State’s Senior Vice President of Marketing Anne E. Tawney released a statement indicating:
“We do not want to confirm that any conversations have taken place between Quaker State and Mr. Favre. But, bringing in a proven winner to the Quaker Family will help promote our brand and increase our position in the marketplace. We work very hard to create awareness for the NASCAR campaign and adding such a recognizable individual to our industry will generate access to a fan base that we have not been able to build on yet.”
Other NASCAR officials also feel good about the rumored arrival of the former NFL star. Mike Helton, NASCAR president, mentioned that “I don’t know how much he would bring to the track, but I look forward to watching number 4 on Sunday’s again.” Though the heart beat of NASCAR fans do not embrace quote un quote ‘outsiders’ into their beloved sport, Favre represents the Southern blood the fuels the sports passion. Favre was born and raised in rural Mississippi and completed his college career at Southern Mississippi before being drafted in the second round of the 1991 NFL Draft by the Atlanta Falcons.
Exchanging the Grid Iron for the Race Track, Favre will surely still feel comfortable on his Sunday stage. Favre set numerous NFL records throughout his legendary career such as most wins by a starting quarterback (160), consecutive starts (275) and touchdown passes (442). How this success will translate to the track can only play out over time. Jeff Gordon, potential future teammate of Favre, said in passing “I look forward to it! Just tell him to leave my records alone.” Early indications of possible supporting sponsors to Favre’s second career campaign include some of Wisconsin’s finest. Spokesman for Sargento Cheese, Leinenkugels, and Johnsonville Brats have all given indications that they would help keep the Favre-Wisconsin connection alive.
NFL insiders have failed to comment. With the recent news of Cincinnati’s WR Chris Henry’s release, one would think the NFL would want a positive story. At the kick off of Packer mini-camp, head coach Mike McCarthy laughed at the speculation that Favre would try his hand in racing. But McCarthy did state that, “Well, if I find myself with some free time, I won’t mind watching Brett on the track instead of across the sidelines.”
Recent reports indicate that Favre is considering a return to the NFL with a different team. In the LA Times columnist Sam Farmer wrote “Favre's agent has quietly inquired with teams about their interest in trading for the three-time NFL most valuable player. The sources did not indicate whether Favre knew of the inquiries.” Though the report appears to be a complete fabrication, many networks and media outlets have jumped on this non-story and given it staying power that shouldn’t even last as long as this one…
After all, the only green and gold Favre will be driving in retirement will be his John Deere tractor when he mows the lawn.
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