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Reasonable Use of Force For the Occupy Movement

Reasonable Use of Force For the Occupy Movement. If the Occupy Movement had a mascot, who do you think it would be?. ?. Bland…. ?. Cliché…. ?. We might be on to something…. This is Lieutenant John Pike, a police officer at UC Davis.

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Reasonable Use of Force For the Occupy Movement

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  1. Reasonable Use of Force For the Occupy Movement

  2. If the Occupy Movement had a mascot, who do you think it would be?

  3. ? Bland…

  4. ? Cliché…

  5. ? We might be on to something…

  6. This is Lieutenant John Pike, a police officer at UC Davis.

  7. Through the power of the internet, he has become lovingly known as…

  8. PEPPER SPRAY COP!

  9. Lt. John Pike • Became the face of opposition to the Occupy Movement • Demonstrates how far social media has come in the capacity to spread ideas • Rallied Occupy members and garnered unwanted publicity for UC Davis campus

  10. Gap • Amount of force law enforcement agencies apply to the Occupy Movement • Amount of force public deems as necessary to employ

  11. Perception of force • Deciding how much force is reasonable or necessary is difficult • Every situation is different • Public judges that decision after the fact knowing all the variables

  12. UC Davis and Occupy Oakland • Two different Occupy incidents • Highlight the difference between accepted levels of use of force • Is there a solution to minimize damage to society and maintain respect for authority?

  13. UC Davis

  14. What happened? • UC Davis chancellor, Linda P.B. Katehi orders campus police to remove the Occupy encampment • Police move in to remove tents with minimal arrests and incidents • Protesters surround police and shout that they will let the cops go pending release of arrested students

  15. What happened? • Police spend upwards of 15 minutes giving out warnings to protesters that they would be required to use force if they did not move • Prime example of current tactics by police officers being out-of-date and insufficient to resolving Occupy movement conflicts

  16. Occupy Oakland

  17. What happened? • Occupy goal: Move the protesters to the vacant Henry J. Kaiser Convention Center • Police confront protesters for destroying construction barriers • Protesters respond with bottles, metal pipe, rocks, spray cans, improvised explosive devices, and burning flares

  18. What happened? • Officers respond with smoke, tear gas, and beanbags during the arrest of 20 people • Night ends with protesters breaking into City Hall, breaking windows and property, and burning an American flag in front of the building

  19. Whose fault? • Tensions escalated quickly • Would this have been a problem if police just let Occupiers take the vacant building? • Do we blame the police officers for provoking retaliation and causing property damage?

  20. Use of Force

  21. Too little… • Runs risk of failing to apprehend the suspect • Endangers themselves, fellow officers, and the public if the suspects resists violently

  22. Too much…

  23. Use of force doctrine • Law enforcement agencies had to create a doctrine to determine acceptable use of force • Strike a balance between security needs and ethical concerns for the rights and well-being of intruders or suspects

  24. Double standard • Decision is complicated • Citizens expect the police to be aggressive in the enforcement of the criminal law against serious offenders • They also expect the police to show restraint when they or those they know are involved

  25. Technology • Tasers • Pepper spray • Etc… • Use of force becomes a moving target

  26. In Hindsight

  27. Davis and Oakland • Errors of judgment • Escalated conflicts • Bad publicity for police officers • Negative publicity for protesters • Could have been handled better

  28. At UC Davis • It is clear that pepper spray was not necessary for the police to leave • The main objective of removing tents was already complete • Didn’t take into account that their actions would be spread around the internet like wildfire

  29. But… • Occupy protesters should not have surrounded the cops in the first place • Undermined the peaceful image of the protest and begged for retaliation

  30. At Occupy Oakland • Protesters got out of hand immediately • No justification for escalation besides mob mentality or lack of personal judgment • Exhibits an image of immaturity and lack of respect for authority and private property • Don’t burn the American flag. For real.

  31. Should police have backed off? • Argument: Conflict and damage would have been kept to a minimum if police had backed off • Argument is weak • Should police let bank robbers do as they please because confronting them could cause a shootout?* *I know that is a hyperbole

  32. Mediation

  33. Mediation Observations • Finding the middle ground requires a fundamental change in the approach of law enforcement • Need a change tailored for Occupy protest circumstances • Public needs to understand the difficulty of deciding when to use force and how much

  34. For UC Davis • Police should have erred on the side of caution • Risk to officers and public was minimal

  35. For Occupy Oakland • Police were forced to respond with force • Police blamed after the fact for causing the chaos • Public should contemplate the double standard presented and temper bias toward police

  36. Questions?

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