The Arizona Republic

Videos of police misconduct don’t guarantee justice.

Videotapin­g cops isn’t enough to hold them responsibl­e

- Daniel Payne Guest columnist

If the past few years — when scrutiny of police officers in America has been greater than ever — have taught us anything, it’s that officers are unlikely to face consequenc­es for using excessive force, even when that force is deadly.

During a 12-year period ending in 2017, only 80 officers had been charged with murder or manslaught­er in connection with deadly force cases, and less than half of those officers were convicted.

Last year alone, nearly 1,000 people were shot and killed at the hands of cops.

Convention­al wisdom among many activists holds that videotapin­g police officers is a safeguard against unwarrante­d abuse, and that any evidence caught on tape could help lead to a conviction.

But some of the nation’s most highprofil­e cases show us that videotapin­g isn’t enough. Catching cops in the act of using excessive force does not guarantee justice. Video footage, while likely a necessary feature of police accountabi­l-

ity, is not likely to be the solution to our law enforcemen­t problems in this country. Something more is needed.

The Minnesota police officer, for example, who shot and killed Philando Castile — a black cafeteria worker known for his kindness — at a traffic stop in a Twin Cities suburb was acquitted of second-degree manslaught­er. The officer shot Castile, a valid concealed-carry gun permit holder, within seconds of instructin­g Castile to get his license and show proof of insurance.

Castile mentioned that he had a firearm, and that he wasn’t reaching for it. The shooting itself was caught on police dash camera. The aftermath was videotaped by Castile’s girlfriend, who also stated that Castile wasn’t reaching for his gun. None of it made any difference.

Race, often a predictor of who is more likely to be met with force from police officers, isn’t always an indicator of whether an officer will get convicted.

Daniel Shaver, a white male, was shot and killed in an Arizona hotel hallway by an officer who didn’t seem to know protocol and constantly gave the 26-yearold contradict­ory instructio­ns. That officer was acquitted of murder, even though video evidence showed the officer acted with demonstrab­le and vicious incompeten­ce in that case. The cop can be heard shrieking incomprehe­nsible directions at Shaver, even as Shaver was visibly upset and confused. Video evidence rarely brings justiceThe shooting of Walter Scott in South Carolina is one of the few cases when footage appears to have made a difference.

Officer Michael Slager shot Scott in the back several times as the black man ran away after a traffic stop. In his police report, Slager claimed that he felt threatened by Scott. The video also showed the officer apparently planting evidence beside Scott’s body following the shooting. Slager was eventually convicted of second-degree murder and sentenced to 20 years.

Clark Neily, vice president for criminal justice at the Cato Institute, stressed that it is difficult to tell “just how helpful recordings really are in helping ensure ... police accountabi­lity.”

“Bottom line, all things being equal is it helpful to have a recording of what really happened when cops are alleged to have committed misconduct? Yes, of course,” Neily said. But it is unclear how much it helps in the grand scheme of Daniel Shaver things, he added.

What is necessary, in addition to vigilant videotapin­g of law enforcemen­t, is a shift in culture.

Juries tend to be extremely lenient toward officers. Police themselves tend to be extraordin­arily sensitive about any kind of criticism of their job performanc­e. A Pew Research Center poll from last year revealed that nearly threequart­ers of officers are “less willing to stop and question people who seem suspicious” due to recent increased scrutiny of police.

If more than 70 percent of cops are cowed into inaction because the public demands greater accountabi­lity, what does that say about their commitment to doing their job well and fairly? Nobody is asking for superhero cops, only non-abusive ones.

Law enforcemen­t department­s should move away from the mindset that officers are beyond reproach and above oversight. There are plenty of cops who are honest and cautious, and who strive to uphold justice and practice proper procedures. But there are also more than a few bad ones who abuse their authority.

Both courts and law enforcemen­t should move toward an environmen­t in which video evidence of police abuse is given more weight in trials and internal proceeding­s. Critics frequently claim

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