The Walter Scott Homicide: 1984 in Reverse?

With the latest video of lethal force by the police -- in this case, a South Carolina officer, Michael Slager, nonchalantly gunning down a fleeing Walter Scott -- topping the national news for a second day, the question I have is how often does this happen? It seems like every other week -- whether it is a homeless guy in Los Angeles, a kid playing with a toy gun in a snowy Cleveland park, or Michael Brown or Eric Garner, to name a few -- we are confronted with another example of the police ruthlessly committing homicide.

A problem I have with television police drama like The Shield, even though I watched all seven seasons, is the body count that the cops rack up does not seem believable to me. Certainly they would be suspended constantly pending interminable investigations conducted by the local department, the FBI or the Justice Department. Right?

Well, apparently not because the Justice Department and the FBI don't know how many of these shootings take place. So, in answer to the question, "How often does a Walter Scott incident take place?" We don't know.

As Michael Schmidt explores today in "Scant Data Frustrates Efforts to Assess Number of Shootings by Police":

Under current federal laws, there is nothing requiring any of the 18,000 police departments and other law enforcement agencies across the country to report to the public or to the Justice Department anything about shootings involving officers.

Roughly 91 percent of departments and agencies in the country voluntarily report crimes like murders, rapes, car thefts and burglaries to the F.B.I., which releases an annual report.

But under the current reporting systems, there is no category for episodes in which the officer’s use of force was not deemed legally justified, and there is no category to report police shootings in which the officer has not killed a person. There are categories for “justifiable” or “excusable” homicides by police officers, ones in which officers kill a felon.

The National Law Enforcement Officers Memorial Fund keeps data on how often people shoot police officers, and departments willingly share that data. But the statistics on the police shooting civilians are much harder to find.

In the aftermath of police officers’ using lethal force in Staten Island, Ferguson, Mo., and elsewhere last year, Attorney General Eric H. Holder Jr. and James B. Comey, the F.B.I. director, have strongly advocated changing reporting requirements. A White House task force created to look into the episodes made similar recommendations in a report released in March.

So far, though, those efforts have not provoked much interest on Capitol Hill, where lawmakers would most likely need to pass legislation to require departments and agencies to report figures to the Justice Department.

In January, Mr. Holder spoke about the issue at a Justice Department ceremony honoring the Rev. Dr. Martin Luther King Jr. in Washington.

“I’ve heard from a number of people who have called on policy makers to ensure better record-keeping on injuries and deaths that occur at the hands of police,” he said. “I’ve also spoken with law enforcement leaders, including the leadership of the Fraternal Order of Police, who have urged elected officials to consider strategies for collecting better data on officer fatalities. Today, my response to these legitimate concerns is simple: We need to do both.”

Mr. Holder said that in the 1990s, Congress passed a law that was intended to help the Justice Department collect better statistics about shootings involving officers. But that law was ultimately not effective because the reporting was optional, and local departments and agencies may not have the proper resources to be able to make reports to the Justice Department in a timely manner.

In a speech in February about the relationship between the police and minorities, Mr. Comey said that during the riots in Ferguson last summer, he had asked his staff members for figures on the number of blacks who had been shot by the police. They told him there were no uniform statistics on such shootings.

“They couldn’t give it to me, and it wasn’t their fault,” Mr. Comey said. 

Mr. Comey said that law enforcement officials and minorities “must find ways to see each other more clearly.” He added, “Part of that has to involve collecting and sharing better information about encounters between police and citizens, especially violent encounters.” 

Mr. Comey said he had spoken with the police chief in a major American city who said that he did not know whether the Ferguson police “shot one person a week, one a year or one a century.”

Since Congress is controlled by a neo-Dixiecrat GOP, I wouldn't expect a mandatory reporting law for the nation's 18,000 police departments anytime soon. Police use of lethal force overwhelming targets blacks, and that works well for the 113th Congress. The more the people are divided -- whether by race or sect -- the better for the money bags that run the show.

Another aspect of the Walter Scott murder that needs to be addressed is the positive role played by technology; here, a smartphone camera. Lately I am coming closer to the conclusion that the explosion of digital technology is creating a dystopia rather than utopia, that The Postmodern Condition leads us to a "dream machine" of endless passivity and distraction and not the upturning of old, rancid power narratives.

But smartphone videos capturing the police in the act of homicide prove that the Panopticon can be turned back on the jailers, a sort of 1984 in reverse.