American Police Brutality Has Become a Public Danger

Published in Huanqiu
(China) on 2 June 2015
by Shen Ding Li (link to originallink to original)
Translated from by Chase Coulson. Edited by Joanna Kenney.
The Washington Post recently reported that, as of May of this year, there have been 385 deaths by police gunfire — an average of more than two people per day shot to death. If this average holds up, nearly 1,000 people will die by a policeman’s bullets this year. This number was reported voluntarily by the police; however, the real number could actually be higher.

According to American law, when a policeman’s own life or the lives of others are threatened, he has the right to use deadly force. However, whether in 1,000 separate incidents American policemen have had no alternative but to pull the trigger in an effort to protect themselves or others from harm is quite suspicious. Recently, the large number of citizen deaths at the hands of the police has stirred up a flurry of nationwide debate over whether the police exercise violent means of law enforcement. People are particularly interested in the issue of deadly force used against minorities.

Statistics show that, of the individuals whose lives have been snuffed out by police fire, one half were white and the other half were minorities. However, of those unarmed who have been shot dead by police, two-thirds were either of African or Hispanic descent, with blacks being three times more likely to be killed by gunfire than other minorities or whites. To say that these shootings were necessary is a matter that demands serious scrutiny. However, policemen are law enforcers, and the American legal system has yet to create regulations that seriously monitor the actual law enforcement procedures used by the police. This makes it is difficult for people to prove the policeman’s law enforcement tactics were excessive or to certify that the policeman's deadly use of firearms was unwarranted.

In past instances of these types of events, American justices have usually ruled in favor of the police. For example, over the last 10 years, American police have opened fire and killed tens of thousands of suspects, and among them, only 54 cases have resulted in lawsuits, with these suits frequently being left unsettled. Be this historical inertia as it may, there was a major turnaround in a case this April 4. A South Carolina police shooting was caught on tape, thus proving the use of excessive force on the part of the officer: A white officer killed Walter Scott, a black man.

This sequence of events represents just the tip of the iceberg of the illegal police shootings that have taken place in America. The actual situation is much graver. The issue of America’s violent law enforcement and its utter disregard for human life came under special review by the United Nations Human Rights Council in the country review report. It is unfortunate that, in the minds of many an officer, to tote a firearm around in the name of the law is to proclaim himself king of all he surveys, thus putting himself in a position above the average citizens — his countrymen.

It goes without saying that those of African descent become even less of his equal. When some officers are faced with the decision of whether or not to open fire on a suspect, they often just indiscriminately shoot to kill.

As enforcers of the law, American police officers most certainly have the right to keep order and protect themselves. The issue is that this power is clearly being abused. This abuse of power has long been a chronic disorder in American society, thereby giving rise to the cyclical disturbances and riots that take place in the country. This is precisely why the loss of freedoms and rights of today’s American people is a systemic issue, practically untreatable by any means.

America is about to celebrate the 239th anniversary of its independence, yet the high ideals that the founding fathers once held for a nation in which all men are created equal are still a long way from their realization. America has gone from the declaration of its independence to the abolition of slavery, from segregation to equal rights for all — a journey that took nearly two centuries. Today, the question of how to treat the present disorder between America’s races that has led to self-segregation and how to alleviate the inter-racial conflicts brought on by brutal law enforcement is a challenge equally important as those presented on the journey of the past 200 years.

The author is vice president and a professor at the Fudan University of International Studies, Shanghai.


沈丁立:美国警察暴力执法已成公害

2015-06-02 02:35:00

环球时报

沈丁立


  《华盛顿邮报》日前报道,仅仅在今年的前5个月,美国至少已有385人死于警察枪下,平均每天超过2人遭遇枪击。按这一频率,今年将有近1000美国人会死于美国警察枪下。这一数字超过美国联调局过去十年统计数字的两倍,而这些数据源于警察局的自愿通报,真实数据可能还要更高。

  按照美国法律,在自己或他人生命处于危险时,美国警方有权使用致命武力。但一年内是否真有一千个美国警察为了自卫和保护他人生命而必须扣动扳机的故事,则令人生疑。美国近年发生诸多警察射杀民众事件,已引发全国对警方是否暴力执法的大讨论,人们尤其关注针对少数族裔使用致命武器的问题。

  统计显示,美国警察开枪致死的死者约一半是白人,另一半是少数族裔。但在手无寸铁的死者中,2/3是非裔或西语裔等少数族裔,而黑人被枪杀的比例更高达白人或其他少数族裔的3倍。这些枪杀是否都有必要,必须予以认真研究。但是,由于警察是执法者,美国法律并未规定对警察执法过程予以严格监督,因此人们很难采集实证,或者证实警察并未过度执法,或是证实警察开枪不当。

  在过去一系列此类事件中,美国的司法部门往往做出对警察有利的判决。譬如在过去十年中,美国警察射杀了成千上万个嫌犯,其中只在54起案件中警察受到了指控,往往不了了之。不过这一历史惯性,在今年美国南卡州白人警察枪杀黑人史考特事件后,发生重大逆转。今年4月4日的这一射杀过程正好被目击者完整拍摄,成为证明这名警察过度执法的有力证据。

  这一案例只是美国警察违法枪杀的冰山一角,实际情况要更加严重。美警暴力执法、草菅人命,已被联合国人权理事会最近对美国所进行的国别审议报告所特别提出。究其原因,恐怕是在许多美国警察的心目中,当他们携带了枪支并以法律的名义君临天下时,其平民同胞就不再是平等公民,那些非洲裔的美国黑人就更加不是。当一些警察面临是否开枪的选择时,他们往往对嫌犯随意射杀。

  作为执法者,美国警察的确具有维护治安并且确保自身安全的权利,但这种权利明显受到滥用,早已成为美国的痼疾,由此引起美国社会此起彼伏的社会骚乱,就是今日美国人权严重偏失的顽症。美国独立即将迎来239周年,但美国建国先辈所曾设计的人人平等的理想还远未实现。美国从独立到废奴,从种族隔离到平权,花了将近两个世纪的时间。当前,如何解除美国不同族群心中的人为隔离,如何缓和由于美国警察暴力执法所产生的种族矛盾,其挑战绝不亚于过去走过的两百年道路。▲(作者是复旦大学国际问题研究院教授、副院长)
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