Notice lately how international media has been reporting on US corruption?
It is usually the US public that is being
motivated to intervene in distant lands to spread peace and democracy.
Is the international community being motivated to intervene in the US?
We do have laws to deal with corruption, and
abuse of power. The hierarchy just doesn't enforce them. What is good
for an individual human being, is good for an individual government employee.
The claimed lack of appropriate laws, is always
brought up, when 'they' want to create more laws. Those new laws end up
being used in the opposite of their stated intent. Every time shit like
this creeps in, we hear about the international criminal court and
other such "solutions" to our problems. Always trying to get us to bite
that hook.
~~~
All 50 US states fail to meet global police use of force standards, report finds | US news | The Guardian
http://www.theguardian.com/us-news/2015/jun/18/us-states-police-use-of-force-standards-amnesty
Amnesty International report describes ‘shocking
lack of fundamental respect for the sanctity of human life’ as nine
states have no laws to deal with police force
A police officer patrols in Ferguson, Missouri, during protests over the shooting death of Michael Brown.
Police response to protests across the country
in the wake of several high-profile police shootings points to a need
for better standards, says Amnesty.
Oliver Laughland and Jamiles Lartey in New York
Thursday 18 June 2015 08.10 EDT
Last modified on Thursday 18 June 2015 12.46 EDT
Last modified on Thursday 18 June 2015 12.46 EDT
Every state in the US fails to comply with
international standards on the lethal use of force by law enforcement
officers, according to a report by Amnesty International USA, which also
says 13 US states fall beneath even lower legal standards enshrined in
US constitutional law and that nine states currently have no laws at all
to deal with the issue.
The stinging review comes amid a national
debate over police violence and widespread protest following the
high-profile deaths of 18-year-old Michael Brown in Ferguson, Missouri;
43-year-old Eric Garner in New York; 50-year-old Walter Scott in South
Carolina; and 25-year-old Freddie Gray in Baltimore – all unarmed black
men killed by police within the past 11 months.
Amnesty USA’s executive director, Steven
Hawkins, told the Guardian the findings represented a “shocking lack of
fundamental respect for the sanctity of human life”.
“While law enforcement in the United States is
given the authority to use lethal force, there is no equal obligation to
respect and preserve human life. It’s shocking that while we give law
enforcement this extraordinary power, so many states either have no
regulation on their books or nothing that complies with international
standards,” Hawkins said.
The Counted: people killed by police in the United States in 2015 – interactive
The Guardian is counting the people killed by US
law enforcement agencies this year. Read their stories and contribute
to our ongoing, crowdsourced project
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The analysis, which Hawkins said he believed
was the first of its kind, compared state statutes on law enforcement’s
use of lethal force with international legislation, including the
enshrinement of the right to life, as well as United Nations principles
limiting lethal use of force to “unavoidable” instances “in order to
protect life” after “less extreme means” have failed. Further UN
guidelines state that officers should attempt to identify themselves and
give warning of intent to use lethal force.
Amnesty found that in all 50 states and
Washington DC, written statutes were too broad to fit these
international standards, concluding: “None of the laws establish the
requirement that lethal force may only be used as a last resort with
non-violent means and less harmful means to be tried first. The vast
majority of laws do not require officers to give a warning of their
intent to use firearms.”
The report arrived just weeks after the
recommendations of Barack Obama’s police taskforce were made public and
his executive actions on police reform criticized for not going far
enough to curtail police violence. The presidential commission stated
that “not only should there be policies for deadly and non-deadly uses
of force”, but that a “clearly stated ‘sanctity of life’ philosophy must
also be in the forefront of every officer’s mind”.
The Amnesty review found that only eight states
require a verbal warning to be given before an officer engages in
lethal force. In nine states, law enforcement officers are legally
allowed to use lethal force during riot. In Pennsylvania, for instance,
the use of force statute mandates that deadly force is justifiable if it
is “necessary to suppress a riot or mutiny after the rioters or
mutineers have been ordered to disperse”.
Further, Amnesty found that in 20 states it is
legally permissible for law enforcement officers to employ lethal force
against an individual attempting to escape prison or jail, even if they
pose no threat. In Mississippi, for instance, law declares “the killing
of a human being justifiable [w]hen necessarily committed by public
officers, or those acting by their command in their aid and assistance,
in retaking any felon who has been rescued or has escaped”.
Amnesty’s report also charges that the laws on
lethal force in 13 states do not even meet the less stringent
constitutional standard set by the 1985 US supreme court case Tennessee v
Garner. The case was centered on the death of an unarmed black
15-year-old, Edward Garner, a suspect in a home burglary. He was shot in
the back of the head as he fled by officers acting under a Tennessee
state statute which permitted “use all the necessary means” to make an
arrest of a fleeing subject.
The 6-3 majority decision declared that police
may not use deadly force to prevent a suspect from escaping unless “the
officer has probable cause to believe that the suspect poses a
significant threat of death or serious physical injury to the officer or
others”.
The states whose laws do not meet this
constitutional standard, according to Amnesty, tend to include
permissive or vague language around the use of force. North Dakota’s
statute, for example, permits deadly force against “an individual who
has committed or attempted to commit a felony involving violence”,
without defining the level of violence that might warrant deadly force.
Amnesty identifies nine states – Maryland,
Massachusetts, Michigan, Ohio, South Carolina, Virginia, West Virginia,
Wisconsin and Wyoming – alongside Washington DC where no law enforcement
officer lethal force statutes exist.
“Those states can of course argue that they
follow common law or supreme court standards, but is that good enough?”
Hawkins said. “Certainly we would expect that international human rights
standards are what should govern and our fear is that, unless these are
clearly quantified, a citizen in any state can’t look at what the law
is. That’s critically important to ensuring accountability.”
Amnesty’s report contends that the international
standards laid out in the UN basic principles dictate all fatal
incidents involving law enforcement officials should be mandatorily
reported and well as impartially investigated.
The federal government does not collect a
comprehensive record of people killed by police forces throughout the
US. Instead, the FBI runs a voluntary program where law enforcement can
choose to submit a number of “justifiable homicides” each year.
A Guardian investigation into deaths at the
hands of law enforcement officers in the US has so far documented 515
people killed by police this year. The statistics reveal that black
people are more than twice as likely as white people to be unarmed
during fatal encounters with police, and show that black Americans are
killed by police at more than twice the rate as white Americans.
The introduction of mandatory reporting to
federal government for all deaths at the hands of law enforcement is a
central recommendation of the Amnesty report.
The report also suggests taking action at all
levels of government, making recommendations to the president, Congress
and the US justice department, along with state legislatures and
individual law enforcement departments. Amnesty suggests that laws be
brought into compliance with international standards at every level, and
that the justice department oversee a national commission “to examine
and produce recommendations on policing issues, including a nationwide
review of police use of lethal force laws as well as a thorough review
and reform of oversight and accountability mechanisms”.
Hawkins told the Guardian he expected some
resistance to the recommendations from police unions and other agencies
but added his hope that “with so much attention on law enforcement and
its use of lethal force within the US, in the next legislative session
this report will produce some energy for change”.
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