In Support of #BlackLivesMatter

Los Angeles Criminal Defense Attorney Discusses Our Police Violence Epidemic

Writing my thoughts on this issue is very, very long overdue.  I have previously addressed the effects of police misconduct on a criminal case, and the disgusting racial disparity in US incarceration, but this article addresses an issue that I fear is in jeopardy of being brushed under the rug yet again.  In her recent convention speech, Democratic Presidential Nominee Hillary Clinton repeatedly lauded the bravery of police officers and specifically referenced the tragic killing of police officers in Dallas, TX, but did not address the epidemic of police violence against (often unarmed and innocent) Black and Latino men.  Meanwhile, President Barack Obama was heavily criticized and accused of being divisive for acknowledging that society and government assign a lower value to Black lives.  What is clear, is that we absolutely must do something NOW to address the devaluation in our government and society of the lives and liberty of people of color.

African-Americans are the only group of people whose fight for equality began with a fight to even be considered human.  The fight for Black America's rights to life, liberty and property is unlike any other in the history of the world.  Liberty was understood by the framers and founders as liberty from oppressive government.  For those stolen from their homeland and enslaved, Liberty meant not being enslaved, beaten, bought, sold, separated from their identity, culture, family and humanity.  Early settlers from Europe fought for their Property rights in the sense of being able to own land, and be represented in government in exchange for taxation.  For African-Americans, the right not to be property was subservient to the slave master's right to own another human being, as property.  Movements for Black life, liberty and property started so behind others' struggles for the same that those unaffected can see only the progress, and not the continued injustice and immense racial disparity.  Our framers and founders' fight risked Life to travel to the New World, but chose to do so.  African-Americans' lives were taken each and every time they considered that they might have a right to ANY Liberty, let alone Property or a Pursuit of Happiness.

Though slavery and lynching may no longer exist, the devaluation of Black lives and liberty is still pervasive in our government, culture and society.  Mass incarceration continues to destroy lives and families, yet this bigoted nation is convinced that same-sex marriage is the evil that must be thwarted in order to protect family values.  If white people were being denied their Constitutional protections, arrested and disproportionately punished for the same crimes, there would not be an issue of recognizing that there is a problem.  If police "feared for their safety" and used violence and lethal force against white men at a greater rate, comprehensive change would have occurred long ago.  America's dark history makes the tragic deaths of Alton Sterling, Philando Castile, Michael Brown, Tamir Rice, Sandra Bland, Eric Garner and so many more, seems less significant by comparison.  This is why a #BlackLivesMatter movement shouldn't be necessary, but is.  Just like an abolition movement should never have been necessary, but certainly was.  The reality is that in 2015 alone, US police killed more than 100 black people.  Unarmed black people were killed at 5 times the rate of unarmed white people during encounters with police.

Too many Americans reject the #BlackLivesMatter message out of deliberate ignorance.  They simply will not hear it.  Many (unjustly) feel attacked or as if they are being blamed.  It does not matter who is to blame.  There is a systemic devaluation of Black lives and liberty and we (all) must address it.  The responsive movements (All Lives Matter, Blue Lives Matter) are deeply misguided.  First, highlighting a serious social issue does not, directly or indirectly, suggest that other problems do not exist.  As a nation unlike any other in human history, the US is riddled with social and economic issues.  From drug addiction, unemployment/outsourcing, to unequal treatment of different cognizable groups of people, this nation's imperfections are well documented.  Among these problems, and of great significance, is that historic white supremacy continues to threaten the lives of Black Americans.  Black parents want to feel, and deserve to feel, that their children are safe when they leave the home.  A Black man in America should not be risking his life by getting behind the wheel of a car, or lawfully carrying a weapon.  These are rights and privileges that white people enjoy without the same risks.  We must all fight to ensure that Black Lives Matter.  No other movement is accused of insensitivity towards other issues.  No other movement is neutralized by simply pointing out that it isn't the only problem.   This is because of the historic, systemic and continued devaluation of black lives and Liberty.  Many groups have experienced and continue to experience discrimination and strife.  This is not a justification for the continued killing of Black Americans going unaddressed by out policy-makers.

The Black Lives Matter movement's issue runs so much deeper than the actions of some police officers. But, we do bandage wounds.  Police recruiting, training and accountability are a problem.  Applicants with a strong racial bias are unfit to police communities.  Though certainly not all police officers are racists, there have been many instances of racists being drawn to the profession.  Racism need not be as overt as membership in hate groups to pose problematic for armed law enforcement officers.  If a police officer is more likely to "fear for their safety" during an encounter with a person of color, that officer cannot be armed by the state and unleashed on our society.  Officers must be trained to de-escalate situations.  They can control a situation without instilling the fear that produces unpredictable responses.  Police in the US are all too often under-trained in the use of force, both lethal and non-lethal, and do not receive enough training in maintaining control of a situation without violence and threats of violence.  In addition to improved training, police must be held accountable for unwarranted use of force, especially cases in which a human life is lost.  Too often, police involved in fatal encounters with unarmed civilians do not face any discipline or criminal charges.  Often, they are permitted to continue to work as police officers.  With improved hiring practices, training and accountability, police departments will protect their officers from being placed in situations where they may use force out of fear, and will not provide a safe-haven for violence against citizens, which happens to disproportionately to the Black and Latino communities in America.  Our militarized police forces cause too much collateral damage.  If they were killing white people at the rates they kill people in the Black and Latino communities, action would have been taken long ago.

Police violence against citizens is not the only of the symptoms resulting from the disease of a racist devaluation of Black lives.  Another example is that the murder solve rate, conviction rate, and death penalty rate are all lower in murder cases where the victim was Black.  Our government pursues murder cases more aggressively when the the victim is white, displaying a greater .  As a criminal defense attorney, I frequently see cases that are charged more seriously, and offers that involve longer sentences in cases where the defendant is a person of color.  I most recently encountered this devastating reality in a fake ID case that was charged as a felony for a black client with no criminal history; meanwhile, USC students are routinely offered a diversion program, an infraction, or at worst a misdemeanor.  Incarceration rates confirm these observations.  Bill O'Reilly's recent response to Michelle Obama's heartfelt comments on waking up in the morning in a house built by slaves (Mr. O'Reilly felt it necessary to point out in response to the First Lady's comment that the slaves were "well fed.") speaks for a sentiment still very present in our society, that the suffering of Black Americans is simply not worth talking about.  The desire to avoid the conversation, and to pretend or assert that no problem exists is the first obstacle to real change. 

No longer can we let let anyone stand in the way or delay progress in this area.  Lives, lives that matter very much, are at stake.

ABOUT THE AUTHOR
Nicholas Loncar is a Criminal Defense Attorney in Los Angeles, CA.  A passionate, aggressive advocate for criminal defendants, Nicholas is deeply dedicated to achieving great results for clients and promoting progressive change in a flawed justice system.  MORE

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Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

FREE CONSULTATIONS  213-375-3775
LOS ANGELES CRIMINAL DEFENSE ATTORNEY
Published By: Nicholas Loncar
Written by: Nicholas Loncar