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Homework answers / question archive / Topictheme: The Excessive  Problem &solution Length:  900-1500words (approximately 3-5 pages not including Referencesor title The purpose of this assignment is to describe a problem and present a solution

Topictheme: The Excessive  Problem &solution Length:  900-1500words (approximately 3-5 pages not including Referencesor title The purpose of this assignment is to describe a problem and present a solution

Law

Topictheme: The Excessive

 Problem &solution

Length:  900-1500words (approximately 3-5 pages not including Referencesor title

The purpose of this assignment is to describe a problem and present a solution. Therefore, this paper will combine elements of summary, synthesis, analysis, and argument. Although the answer to your problem can be your unique idea(or existing ideas from expert/s), it must be supported with reliable research sources

The first paragraph should include a statement of purpose that describes the problem and summarizes the solution. You should use research-based evidence, including summary and paraphrasing from your source Direct quotations should be used sparingly or not at all. No more than 10% of the paper should be made up of direct quotes. The tone should be formal, as if you are writing fora scholarly journal. This does not mean you need to use big words—make your points as clearly and concisely as you can.•Because the tone is formal, you should refrain from using first or second person. Sections of the paper should be clearly labeled with heady material

 

Read this three article and answer the question the above question

 

Article # 1

 

By: Holly Bailey and Mark Berman


Byline: Holly Bailey and Mark Berman

MINNEAPOLIS - Leanne Reyes had heard about the video of George Floyd's final minutes, but she could not bring herself to watch it.

Almost fourteen years ago, her father, Wayne Reyes, died after police opened fire on his truck - six officers, 43 rounds, in four seconds. They said her father had pulled out a shotgun when they pulled him over in response to a report that he had stabbed his girlfriend and another friend in a domestic dispute.

The gunshots destroyed the truck and severely damaged the facade of a building just blocks from where the younger Reyes now lives on the city's south side, the brick wall still marked by bullet holes.

Reyes and her relatives were horrified to see the name of one of those officers show up in the news all these years later: Derek Chauvin, the now-former Minneapolis officer filmed with his knee on Floyd's throat. Chauvin was arrested Friday on murder and manslaughter charges. In 2006, he was put on administrative leave for a week during the investigation, though police never publicly specified which officers fired their guns.

"I already knew what kind of monster that man is," Reyes said. "And all I could feel was heartbreak that this had happened again."

Minneapolis has raged and mourned since video emerged earlier this week of Floyd, pinned for several minutes as he gasped for breath. This city has endured the painful sequence before: Someone encounters the police and dies. Outrage, protests and promises to do better follow. And then it happens all over again.

"There's a cycle," said Michelle Phelps, an associate sociology professor at the University of Minnesota who has studied community views on policing and reform in Minneapolis. "There's an episode of violence, there's an uprising, people demand change and change starts to happen. But in a big, cumbersome bureaucracy with 800 line officers, those shifts move really slowly."

The previous cases did not set off unrest on the scale seen this week in Minneapolis, which included multiple buildings set on fire. But they engulfed the region in other ways. Demonstrators responded to shootings by police by camping out around a police precinct for weeks, blocking streets and calling for officers and city officials to lose their jobs.

"Each time something happened, it made us better and we didn't let it happen in vain," said Janee Harteau, a former Minneapolis police chief, who was ousted by the city's then-mayor amid outcry over a 2017 shooting by an officer. "Now I see this, and I frankly question just about everything."

Minneapolis police have enacted some changes in recent years. The department became "one of the national leaders of police reform," Phelps said, enacting extensive training on use of force and emphasizing the sanctity of life as part of its policies.

And yet," Phelps said, "George Floyd is still dead."

The department made changes in Harteau's tenure and under Medaria Arradondo, her successor, including pushing officers to more proactively listen to the community and improving training, said Teresa Nelson, legal director of the American Civil Liberties Union of Minnesota.

"There has been a long and deep history of racially biased policing in Minneapolis," she said. "Maybe [the reform] was too little, too late. It takes a lot to get a department turned around."

An ACLU study of low-level arrests between 2012 and 2014 concluded that black people - who make up a fifth of the city's population - were 8.7 times more likely to be arrested for such offenses than white people, which "contributes to long-standing mistrust."

The mistrust extended into the department's own ranks.

In 2017, Arradondo became the city's first black police chief, pledging to shift the culture and restore a positive relationship with the community. A decade earlier, he and four other veteran officers sued the department and accused it of systematically discriminating against people of color, including black police officers.

In the 2007 lawsuit, filed in federal court, the officers assailed the department, saying that they were subjected "to harassment, discrimination and retaliation based on their race and color." (Spokesmen for the police did not respond Friday to a request to interview Arradondo.)

In court documents, city officials denied the allegations. The lawsuit was settled in 2009 for more than $800,000, said John Klassen, a civil rights attorney who represented the officers.

Klassen said the department has gotten better, recruiting a more diverse force, but still struggles to jettison troubled officers. Experts and activists blame the powerful police union.

Harteau said that while unions are necessary to push for benefits, the police union in Minneapolis fought her on things such as imposing discipline and terminating officers.

"It really deflates your authority," Harteau said. "And you can't have the responsibility unless you have full authority."

Critics said the issue was one of the city's own making. City and police officials "constantly bemoan what they can't do because their hands are tied by the [police union] contract," said Dave Bicking, vice president of Communities United Against Police Brutality, a Twin Cities police watchdog group. "But every three years when the contract comes up, they rubber stamp it."

Union officials did not respond to messages and calls seeking comment.

Police in Minneapolis and the Twin Cities region have struggled with public anger over how police use force in recent years, as the issue was rippling across the country in places such as Baltimore, Chicago, New York and Ferguson, Missouri.

In November 2015, after a Minneapolis police officer shot and killed Jamar Clark, a 24-year-old black man, demonstrators responded by occupying the area around the Fourth Precinct police station for 18 days. A Justice Department review said the outrage over Clark's death reflected a "fractured relationship and history of mistrust" among black residents in north Minneapolis, the police and city officials.

Local and federal authorities separately said they would not charge the officers involved in Clark's death, with the Justice Department concluding it could not prove beyond a reasonable doubt an officer intended to violate Clark's civil rights.

Just weeks after that Justice Department's announcement, the Twin Cities region was seized by another fatal shooting.

Philando Castile's death during a July 2016 traffic stop in the suburbs, broadcast on Facebook, spurred public outrage - and, in a relatively unusual turn, criminal charges for Jeronimo Yanez, the officer involved.

While charges are rare, convictions are even less common. Yanez was acquitted in 2017, spurring a large protest that shut down Interstate 94.

A few weeks later, Justine Damond, an Australian woman, called 911 to report a possible sexual assault near her home. When police arrived and she approached, Mohamed Noor, one of the officers, shot and killed her, setting off an international outcry. Noor became one of the rare officers charged and convicted of an on-duty shooting.

Harteau, who was forced out after Damond's death, said Floyd's death was disheartening after all the efforts at reform.

"Before this, I would have liked to have said there's been change," Harteau said. "Clearly, it's not enough. Because I look at that video and I say to myself, how could this happen?"

Phelps, the professor, interviewed residents of north Minneapolis in 2017 and 2018 to ask about their experiences with police and views of reform.

"What we found was that people were largely very aware of police violence both locally and nationally, and most of the folks we interviewed saw it as a deep, systemic and structural problem," Phelps said, one that was disproportionately impacting black people. "But When you got to the reform section, people largely did not know what [the police] were doing," she said.

Even when told about the changes, she said, residents supported them but were not sure much would change.

Before Chauvin was filmed kneeling on Floyd, he was involved in at least two shootings, according to media reports. Police have released a brief summary of his disciplinary record, showing he had 17 complaints filed against him - most closed without discipline and one closed with two letters of reprimand.

The department did not respond to questions about the shootings or further details about his disciplinary record; an attorney for Chauvin did not respond to calls seeking comment about the Floyd case or Wayne Reyes' death in 2006.

Reyes was a big, gregarious man who grew up as part of a large extended family with deep roots on the city's south side. He'd had run-ins with the law over the years, including a misdemeanor charge in July 2006 for carrying a gun without a license. At the time of death, he'd been trying to get sober, his family said, but the explosive relationship he had with his girlfriend wasn't helping.

"My father was a little rough around the edges, but he was a good man and a lot of people loved him," his daughter said.

His younger brother, Jack, rushed to the scene after hearing about the 2006 shooting, finding Reyes' body in a pool of blood, surrounded by evidence markers showing where all the bullets had landed.

The officers were placed on administrative leave. It was nearly nine months before the department showed Reyes' relatives footage from the shooting, his family said.

While the department said Reyes had exited the car with his gun, Leanne Reyes says the blurry video she watched, apparently captured from a dashboard camera of a responding officer's car, did not show her father outside the vehicle until he had been shot.

In 2007, a grand jury opted against charges in the case. The family considered a wrongful-death suit, they said, but could not find a lawyer to take the case.

And then it was over - until this week, when Reyes' home has vibrated with the booms of flash bangs thrown at the protests not far from her home.

"You can't escape it," she said. "It's just here."

- - -

Berman reported from Washington. The Washington Post's Kim Bellware, Julie Tate and Derek Hawkins contributed to this report.

 

Article # 2

 

 


2 days ago

Minneapolis Police Use Force Against Black People at 7 Times the Rate of Whites By Richard A. Oppel Jr. and Lazaro GamioJune 3, 2020 Video of George Floyd's last conscious moments horrified the nation, spurring protests that have led to curfews and National Guard interventions in many large cities. But for the black community in Minneapolis — where Mr. Floyd died after an officer pressed a knee into his neck for 8 minutes 46 seconds — seeing the police use some measure of force is disturbingly common. About 20 percent of Minneapolis's population of 430,000 is black. But when the police get physical — with kicks, neck holds, punches, shoves, takedowns, Mace, Tasers or other forms of muscle — nearly 60 percent of the time the person subject to that force is black. And that is according to the city's own figures. Police shootings and use of force against black people in Minneapolis since 2015 Number of times police used force against black people per block Police shootings of black people Fatal Nonfatal Share of population that is black 10 50 100 200 Thurman Blevins June 2018 20% 40% 60% More than one-fourth of all uses of force were in the northwestern parts of the city. CAMDEN NORTHEAST Mario Benjamin August 2019 NEAR NORTH Jamar Clark November 2015 UNIVERSITY The downtown area accounts for an additional one-third of uses of force. CENTRAL Mississippi River CALHOUN-ISLES PHILLIPS LONGFELLOW Bde Maka Ska POWDERHORN Where officers pinned George Floyd Lake Harriet SOUTHWEST Lake Nokomis NOKOMIS Note: Cases for which location was not listed or that occurred outside city limits are not shown. Community leaders say the frequency with which the police use force against black residents helps explain a fury in the city that goes beyond Mr. Floyd's death, which the medical examiner ruled a homicide. Since 2015, the Minneapolis police have documented using force about 11,500 times. For at least 6,650 acts of force, the subject of that force was black. By comparison, the police have used force about 2,750 times against white people, who make up about 60 percent of the population. All of that means that the police in Minneapolis used force against black people at a rate at least seven times that of white people during the past five years. Those figures reflect the total number of acts of force used by the Minneapolis police since 2015. So if an officer slapped, punched and body-pinned one person during the same scuffle, that may be counted as three separate acts of force. There have been about 5,000 total episodes since 2015 in which the police used at least one act of force on someone. The disparities in the use of force in Minneapolis parallel large racial gaps in vital measures in the city, like income, education and unemployment, said David Schultz, a professor at Hamline University in St. Paul who has studied local police tactics for two decades. "It just mirrors the disparities of so many other things in which Minneapolis comes in very badly," Mr. Schultz said. When he taught a course years ago on potential liability officers face in the line of duty, Mr. Schultz said, he would describe Minneapolis as "a living laboratory on everything you shouldn't do when it comes to police use of force." Police-reported uses of force in Minneapolis by year 3,000 Uses of force in 2019 2,000 41% All others 1,000 59% Black people 0 '10 '15 '19 Mr. Schultz credits the current police chief, Medaria Arradondo, for seeking improvements but said that in a lot of respects the department still operates like it did decades ago. "We have a pattern that goes back at least a generation," Mr. Schultz said. The protests in Minneapolis have also been fueled by memories of several black men killed by police officers who either never faced charges or were acquitted. They include Jamar Clark, 24, shot in Minneapolis in 2015 after, prosecutors said, he tried to grab an officer's gun; Thurman Blevins, 31, shot in Minneapolis in 2018 as he yelled, "Please don't shoot me," while he ran through an alley; and Philando Castile, 32, whose girlfriend live-streamed the aftermath of his 2016 shooting in a Minneapolis suburb. The officer seen in the video pressing a knee into Mr. Floyd's neck, Derek Chauvin, was fired from the force and charged with manslaughter and third-degree murder. Minneapolis police officials did not respond to questions about the type of force he used. The city's use-of-force policy covers chokeholds, which apply direct pressure to the front of the neck, but those are considered deadly force to be used only in the most extreme circumstances. Neck restraints are also part of the policy, but those are explicitly defined only as putting direct pressure on the side of the neck — and not the trachea. "Unconscious neck restraints," in which an officer is trying to render someone unconscious, have been used 44 times in the past five years — 27 of those on black people. For years, experts say, many police departments around the country have sought to move away from neck restraints and chokeholds that might constrict the airway as being just too risky. Types of force used by Minneapolis police TYPE OF FORCE SHARE USED ON BLACK PEOPLE TOTAL Gunpoint display 68% 171 Chemical irritants 66% 1,748 Neck restraints 66% 258 Improvised weapon 64% 115 Dogs 61% 77 Body-weight pin 60% 3,630 Taser 60% 785 Takedowns, joint locks 59% 1,820 Restraint techniques 59% 127 Hitting 58% 2,159 Other methods 56% 110 Note: Cases for which force type or race were not listed are not shown. Dave Bicking, a former member of the Minneapolis civilian police review authority, said the tactic used on Mr. Floyd was not a neck restraint under city policy because it resulted in pressure to the front of Mr. Floyd's neck. If anything, he said, it was an unlawful type of body-weight pin, a category that is the most frequently deployed type of force in the city: Since 2015, body-weight pinning has been used about 2,200 times against black people, more than twice the number of times it was used against whites. Mr. Bicking, a board member of Communities United Against Police Brutality, a Minnesota-based group, said that since 2012 more than 2,600 civilian complaints have been filed against Minneapolis police officers. Other investigations have led to some officers' being terminated or disciplined — like Mohamed Noor, the officer who killed an Australian woman in 2017 and was later fired and convicted of third-degree murder. But, Mr. Bicking said, in only a dozen cases involving 15 officers has any discipline resulted from a civilian complaint alleging misconduct. The worst punishment, he said, was 40 hours of unpaid suspension. "That's a week's unpaid vacation," said Mr. Bicking, who contends that the city has abjectly failed to discipline wayward officers, which he said contributed to last week's tragedy. He noted that the former officer now charged with Mr. Floyd's murder had faced at least 17 complaints. "If discipline had been consistent and appropriate, Derek Chauvin would have either been a much better officer, or would have been off the force," he said. "If discipline had been done the way it should be done, there is virtually no chance George Floyd would be dead now." The city's use-of-force numbers almost certainly understate the true number of times force is used on the streets, Mr. Bicking said. But he added that even the official reported data go a long way to explain the anger in Minneapolis. "This has been years and years in the making," he said. "George Floyd was just the spark." Fears that the Minneapolis police may have an uncontrollable problem appeared to prod state officials into action Tuesday. The governor, Tim Walz, a Democrat, said the State Department of Human Rights launched an investigation into whether the police department "engaged in systemic discriminatory practices towards people of color" over the past decade. One possible outcome: a court-enforced decree requiring major changes in how the force operates. Announcing the inquiry, Governor Walz pledged to "use every tool at our disposal to deconstruct generations of systemic racism in our state." While some activists believe the Minneapolis department is one of the worst-behaving urban forces in the country, comparative national numbers on use of force are hard to come by. According to Philip M. Stinson, a criminologist at Bowling Green State University, some of the most thorough U.S. data comes from a study by the Justice Department published in November 2015: The study found that 3.5 percent of black people said they had been subject to nonfatal force — or the threat of such force — during their most recent contact with the police, compared with 1.4 percent of white people. Minneapolis police officials did not respond to questions about their data and use-of-force rates. In other places, studies have shown disparate treatment of black people, such as in searches during traffic stops. Some law enforcement officials have reasoned that since high-crime areas are often disproportionately populated by black residents, it is no surprise that black residents would be subject to more police encounters. (The same studies have also shown that black drivers, when searched, possessed contraband no more often than white drivers.) The Minneapolis data shows that most use of force happens in areas where more black people live. Although crime rates are higher in those areas, black people are also subject to police force more often than white people in some mostly white and wealthy neighborhoods, though the total number of episodes in those areas is small. Mr. Stinson, who is also a former police officer, said he believes that at some point during the arrest of Mr. Floyd, the restraint applied to him became "intentional premeditated murder." "In my experience, applying pressure to somebody's neck in that fashion is always understood to be the application of deadly force," Mr. Stinson said. But equally revealing in the video, he said, was that other officers failed to intercede, despite knowing they were being filmed. He said that suggests the same thing that the use-of-force data also suggest: That police in the city "routinely beat the hell out of black men." "Whatever that officer was doing was condoned by his colleagues," Mr. Stinson said. "They didn't seem surprised by it at all. It was business as usual."

 

ARTICLE # 3

The Path Forward on Policing Reform.

 

For eight minutes and 46 seconds, people watched the video of George Floyd's heinous killing at the hands of Minneapolis police officers. It struck an all-too-familiar chord when viewers heard that fateful plea: "I can't breathe." Floyd was not alone--along with Eric Garner, Breonna Taylor, Rayshard Brooks, and other recent victims, countless innocent lives have been taken due to local, state, and federal law enforcement policies that lack basic transparency and accountability.

In response to public outrage, both the House and Senate introduced police reform bills in June. Two comprehensive bills are in play: the George Floyd Justice in Policing Act (GFJPA) (H.R. 7120), and the Just and Unifying Solutions to Invigorate Communities Everywhere (JUSTICE) Act (S. 3985).

The George Floyd Justice in Policing Act. On June 8, Congressional Black Caucus Chair Rep. Karen Bass (D-Calif.) and House Judiciary Committee Chair Rep. Jerrold Nadler (D-N.Y.) introduced the first comprehensive approach to police reform. This important legislation would

* eliminate the judicially created doctrine of qualified immunity for law enforcement, which allows officers to violate civil rights with impunity

* establish a national police misconduct registry to track complaints filed against officers increase transparency by requiring federal officers to use body and dashboard cameras

* amend the mens rea requirement under 18 U.S.C. [section]242 from a "willfulness" to a "reckless" standard, enabling federal prosecutors to hold law enforcement accountable for criminal civil rights violations

* ban chokeholds for federal officers and require such bans in state and local police departments before they can receive federal grants.

The GFJPA would add language to [section]1983 to eliminate the doctrine of qualified immunity when law enforcement officers violate constitutional rights. The bill also contains key provisions about the use and retention of body and dashboard camera videos, which often play a key evidentiary role in criminal and civil proceedings.

More than 450 national organizations, including AAJ, the Leadership Conference on Civil and Human Rights, the American Federation of Teachers, the Constitutional Accountability Center, and the NAACP, applauded Congress's swift action in introducing the GFJPA to address systemic racism in policing.

On June 9, the House Judiciary Committee considered the GFJPA during a hearing on policing reform. AAJ member Ben Crump, who represents the families of George Floyd and Breonna Taylor, was one of many witnesses who testified on the need for policing reform, including the importance of ending qualified immunity and banning chokeholds. His client, Philonise Floyd, George Floyd's brother, provided the most compelling testimony about the need for immediate reform.

JUSTICE Act. While the GFJPA was well-received and supported by many organizations, there was disagreement over provisions regarding qualified immunity, no-knock warrants, and funding of state and local law enforcement. In response, Senate Republicans unveiled the JUSTICE Act. AAJ and a coalition of civil rights and labor organizations oppose the JUSTICE Act because it falls short of delivering meaningful reform. It fails to include any mention of qualified immunity--a priority for AAJ--does not amend the mens rea requirement, lacks a robust misconduct registry, and fails to mandate officer use of dash cameras.

The path forward. On June 25, the GFJPA passed the House by a bipartisan vote of 236-181, and it has been sent to the Senate where it awaits further action. Meanwhile, Senate Democrats have opposed a motion to proceed on the JUSTICE Act, effectively blocking the legislation from being debated on the Senate floor. These recent votes suggest that any path forward will require members of Congress to put aside their party affiliation and prioritize the lives of their constituents.

AAJ will continue to work with its Police Misconduct Litigation Group and Civil Rights Section in the months ahead to craft and push for legislation to end qualified immunity and improve policing for communities. For more information and to share your ideas for policing reform, contact me (..d@justice. org) or Senior Director of Policy and Senior Counsel Susan Steinman (..n@justice.org).

Earl Flood is AAJ's federal relations counsel and can be reached at e..d@justice.org. To contact AAJ Public Affairs, email advocacy@ justice.org.

 

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