Are American Police Also Heavy-Handed?

Published in The Liberty Times
(Taiwan) on 26 March 2014
by Wang Dan (link to originallink to original)
Translated from by Drew Machowicz. Edited by Tess Chadwick.
At the center of the discussion surrounding the sunflower student movement and state violence, you often hear people bring up the United States. They say that American police are often fairly heavy-handed when it comes to enforcing the law. So it seems strange that they can oppose the legitimacy of state violence and what the police did when it shed blood while forcefully evicting demonstrators from the Executive Yuan. Even though it was all under the guise of defense, such a discourse is full of holes.

First of all, no one is saying that the United States is the model of moral standards and behavior. The United States is a country. From the perspective of an advocate of diversity and multi-ethnic integration, there are a lot of institutional systems and “politically correct” social values that could be worth taking a look at; however, it is a country of vast lands and of self-governance. These kinds of unbelievable phenomena can also be found all over the U.S. The United States is not a utopia; it is possible that police violence exists even there. Still, just because police violence also exists in the U.S. does not mean that police violence can ever be justified. We all learn from each other, so why not learn good things? Why do we pick up the bad things too?

Secondly, in the United States it is easy to see when there are cases of police violence because of all the reports of abuse that come after, but we can also see that the police tend to enforce the rule of law quite strictly.

According to reports from the United States, it has become commonplace for law enforcement officers to stand trial and to be prosecuted for carrying out official orders. If we can’t lay the blame on the individual police officer, then maybe the police station is at fault. Even the police academy training the officers could likely have to bear the necessary liability. Confronted with this kind of situation the police don’t usually have much of a chance of winning. Not only do the implicated parties not give up, but the lawyers are always adding fuel to the fire. According to the police, police union officials have the authority to help the police legally. In addition, not having an incentive system for the police not to use violence is at the heart of the problem — except this problem goes much deeper than that. There is no leeway in implementing law that encourages the police to do what they feel like they must do to enforce that law. Also, prosecution is not limited to those involved in the case itself, but even the police recruitment or training programs may be pulled in, and then these programs may be sued before training even starts.

For example, if an officer is being sued for use of excessive force, the court could comply with a lawyer’s request to review the police training courses. If the court rules that the use of force was in fact excessive and that the police had followed the training program to the letter, then the liability would fall on the police department. If the officer hadn’t strictly followed the training requirements, then it would a matter of personal behavior and then all the legal consequences would fall on the officer himself.

Many people on the Internet have mentioned this one case in particular: the aftermath of the 2011 UC Davis students’ on-campus demonstrations, where Lt. John Pike had used military-grade pepper spray against the peaceful student demonstrators. After all was said and done, the police officer was fired and investigated, the president of the university resigned, the 21 students who were sprayed each received $30,000 in compensation, and the school was responsible for all legal fees. When this incident happened I had just moved to California, and I followed the whole thing from start to finish. In addition to the final rulings, I would also like to note the public’s overwhelming criticism. From the national New York Times to the local Los Angeles Times, this matter was circulated for days and days, with people of all shapes and sizes and from all walks of life sharing their opinions, which put a lot of public pressure on the whole situation.

More important is the responsibility of the university president. As the chief executive of the university, when you need police assistance, you should take into account the risk of excessive force. Therefore, bringing the police onto the campus is not a decision that should be made lightly. Once the use of force crosses that line, the president also has to bear the responsibility.

In short, certainly police brutality exists even in the United States. But even just saying this sentence is a deception because there is another side to things. Police brutality in the United States is always under great attention and supervision, and it is also subject to strict legal restrictions. Because of this, many of the violent acts have been harshly punished.


在圍繞太陽花學運和國家暴力的討論中,常常聽到有人舉出美國的例子,說美國警察執法的時候也很粗暴,似乎以此就可以反證國家暴力的合法性,並用來為警察在行政院強制驅離的時候出現的流血鏡頭辯護。這樣的論述實際上漏洞百出。

首先,沒有人說美國就是一切行為的道德標準。美國這個國家,有很多的制度設計,社會風氣乃至政治正確,確實值得我們學習,但是做為一個崇尚多元化和多種族融合,國土廣大和地方自治的國家,那些令人無法認同的現象在美國也所在多有。美國不是烏托邦,警察暴力的現象也會存在。不能因為美國也有警察暴力,就說明警察暴力是合理的。我們跟人家學,為什麼不學點好的東西,而專門揀壞的東西學呢?

其次,在美國,儘管一方面我們看到,警察執法的時候似乎動作粗暴,警察濫權的報導也屢見不鮮,但是,對於警察執法的相關法律約束也是非常嚴格的。

根據相關報導,在美國,執法者因公務行為而被起訴、站上被告席受審已經司空見慣。如果不屬於警員個人過錯,那麼警察局、甚至是培訓警員的警校都可能承擔必要的法律和賠償責任。一旦遇到這類案件,警察局勝訴的機會並不大,不僅當事人會窮追不捨,而且還有律師不斷地推波助瀾。對警察來說,有相應的警察工會負責幫助警察威權。此外,針對警察的獎懲體系不是以開槍為原點,而是向前後延伸,對過程明確細化,使法律沒有間隙,鼓勵警察敢做敢為。而對警察的起訴也不僅限於其所辦案件本身,甚至會涉及警局的招募或培訓程序,而這些程序可能在被起訴的警員被招募之前就已經執行了。

例如,某警員被訴執行逮捕時使用武力過當。法庭可能會應律師的請求審查警察學校的培訓課程,如果法庭裁決使用武力過當,而該警員是不折不扣地按照培訓內容執行的,那麼就由警察局負擔賠償責任。如果該警員沒有嚴格按照培訓要求執行,那就屬於個人行為,由該警員自己承擔一切法律後果。

很多網友都曾經提到過這樣的案例:2011年,UC Davis的學生在校園響應占領活動。校警John Pike對靜坐沒有暴力行為的學生撒胡椒噴霧。最後警察被撤職查辦,校長辭職,被噴的二十一名學生各被賠償三萬美元,學校另外負擔法庭費用等等。這起事件發生的時候,我正好就居住在美國加州,從頭到尾關注到了事件的發展。除了最後的懲處之外,我還要提到的,就是當時輿論上鋪天蓋地的抨擊。從全國性的《紐約時報》到地方性大報《洛杉磯時報》,連續多天做為專題處理,各方人士紛紛表態,構成了巨大的輿論壓力。

這裡更重要的,是校長的連帶責任。做為行政首長,當你需要借助警力協助的時候,就應當考慮到執法過當的風險,所以校園內是輕易不會引入警力的,一旦警力執法過當,校長也要負擔相關責任。

總之,美國確實也存在警察施暴的情況,但是如果僅僅講這句話,就是欺騙。因為事情還有另一面,那就是,美國的警察暴力也受到社會極大的關注和監督,也受到嚴格的法律限制,而很多的施暴行為都受到了嚴重的懲處。
This post appeared on the front page as a direct link to the original article with the above link .

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