Photograph by Nathaniel St. Clair
Another day, another person of color killed by police officers, and another day and another prosecutor does not indict. Is this merely a problem of blatant racism or is something else going on?
Hennepin County Attorney Mike Freeman was correct in not indicting the officers who killed Thurman Blevins. The reason is simple–he could never have secured a conviction because the law is on the side of the police. This point has largely been missed in the debates regarding policy use of force. But having said that, also largely missing from the debate is a discussion on police alternatives to violence, how to de-escalate conflict, and where race fits into how law enforcement officials approach tense situations where personal or public safety issues are present. If Freeman and others want to take a leadership position on this issue, they should explore these questions.
Let’s start with the law. Police are legally empowered to use force, including deadly force, if they believe their own safety or the public’s safety is immediately and seriously threatened. Historically, police who use excessive force could be charged criminally or sued under state tort law. Neither option works well. Sovereign immunity bars many suits, prosecutors rarely charge officers, and juries are seldom sympathetic to victims, especially if they are criminals.
The basic legal framework for holding police responsible for excessive use of force was established in 1978…