Go here to enjoy Samizdata's Perry Metzger opening a can of whoop-ass and sprinkling it on the grave of Mario Cuomo. "I encourage all to mourn his loss in whatever manner they feel appropriate."
Good job, sir.
Good job, sir.
On the opening day of law school, I always counsel my first-year students never to support a law they are not willing to kill to enforce. Usually they greet this advice with something between skepticism and puzzlement, until I remind them that the police go armed to enforce the will of the state, and if you resist, they might kill you.
I wish this caution were only theoretical. It isn’t. Whatever your view on the refusal of a New York City grand jury to indict the police officer whose chokehold apparently led to the death of Eric Garner, it’s useful to remember the crime that Garner is alleged to have committed: He was selling individual cigarettes, or loosies, in violation of New York law…..
The problem is actually broader. It’s not just cigarette tax laws that can lead to the death of those the police seek to arrest. It’s every law. Libertarians argue that we have far too many laws, and the Garner case offers evidence that they’re right. I often tell my students that there will never be a perfect technology of law enforcement, and therefore it is unavoidable that there will be situations where police err on the side of too much violence rather than too little. Better training won’t lead to perfection. But fewer laws would mean fewer opportunities for official violence to get out of hand.BTW, a "loosie" is a single cigarette. The New York Police Department had an "opportunity for official violence to get out of hand" (in Professor Carter's words), and supposedly choked Eric Garner to death.
What do you think about all this? I mean, honestly — that video. Eric Garner looked so scared.There you have it....
Well, Garner was in bad health, and Pantaleo said it wasn’t a chokehold; he was just trying to take him down so they could arrest him. The thing that nobody hears about in the media is that Garner had been arrested for this before. The store owners, they had been … saying he was taking away their business. These people pay their taxes; they pay for tobacco licenses. They wanted him gone.
Right, but he wasn’t fighting the cops. He was just standing there with his hands up.
Yeah, but he’s a big guy. He could have been holding up his hands, or he could have been threatening them. All I’m saying is that cop needed to arrest him. Once that was decided on, they had to take him in one way or the other, and he didn’t want to go … but maybe there was excessive force used. I won’t say there wasn’t.
So you don’t think this is a race thing?
No, it’s not a race thing. It’s a Ray Kelly thing. (Ray Kelly was a veteran NYC Police Commissioner.) That man singlehandedly ruined this department. When I came up as a rookie, you were assigned an older cop who had been around and knew what they were doing. We were taught that you catch more flies with honey. Basically, if you let the small things go — like the guy selling loosies or weed or whatever on the corner — then when the big shit happens, like homicide or burglary, those are the same guys who will tell you all about it. If they hate you, they won’t tell you shit.
But this is happening everywhere. I mean, Ferguson — there have been so many of these cases for so long.
All I know is New York City. Nowadays, since Kelly’s Operation Impact, rookies are taught one thing: Write tickets, do searches, make money. They’ll have a quota they have to fill. They’re not supposed to, but they do. They come up not knowing their asses from their elbows. These rookies don’t understand how to let the small stuff go. They'll be on your back for a bag of grass. So when things happen they overreact.