Thursday, January 27, 2011

Official Negligence Ending


The Ending of Official Negligence

The following post will look at chapters fifteen through eighteen in Official Negligence. 

In Chapter 15, Lou Cannon examines the second trial regarding Rodney King and the brutal police beatings.  This event clearly served as a direct reaction to the acquittals, but the trials were defined as examining whether or not King’s civil rights had been violated.  The official government document referenced at the beginning of the chapter speaks to the ever-present role of the media in both the law and society.  So much of the subsequent trial stemmed from one document, just as so much of the first one was a reaction to a videotape.  Cannon also examines the uncertainty and lack of consistency in the law.  In the trial that acquitted the LAPD officers, the outcome was shocking.  But due to what happened, people assumed the officers would be acquitted again.  Yet the second case operated quite differently and played out in a completely different fashion.  An explicit reality throughout this book is the role of fear in everyone’s ability to speak about events and react appropriately.  This helps shape how the reader understands the nature of both the crimes and Los Angeles at the time.  After laying out the trial, Cannon goes to discuss the formation of the jury and the trial that follows.  It becomes clear that people attempted to rely on tactics that served them in the past, but doing so this time could not guarantee success.  Cannon comes to argue that the first trial provided people with important lessons regarding what the videotape could and could not do, and the role of race within a particular context.  Elements that seemed incredibly apparent previously now served their purpose in helping convict Koon and Powell, like Koon’s inability to intervene, as described on page 419.  Most significantly, the second trial served as a way to “rewrite history” and bring justice to the situation, as many people were outraged and disappointed with the previous acquittals (Cannon 421).  It seems that there was finally an opportunity to both appease and satisfy the people of Los Angeles, and the jury and court took a long time to come to their decision.  An essential detail is that King testified in this case where he previously did not.  And while he was not particularly eloquent or successful in recalling events, he served his purpose: demonstrating that he is a human being, not an animal as the LAPD often portrayed him to be.  The second time around, people were willing to say what they had not before, and perhaps that is why the trial ended so differently. 

Chapter 16 picks up in the middle of the trial, when the depth of King’s injuries seems to finally be revealed.  Soon after this chapter commences, it is apparent that this trial will operate quite differently.  While Koon once succeeded in telling his side of the story, the second time around he came across as “remote” and “technical” (Cannon 446).  He ultimately failed to tell his opinions in a way that allowed the jury to see the nature of what happened.  His mechanical and straightforward nature served him previously, but in this scenario he made a mistake in not showing any emotion.  While my understanding of the technicalities of law is lacking, I have come to understand that even the most minute details play a role in the court.  Everything is based in the scenario under which it falls, and considering the context is completely essential.  Cannon references that people were quick to rely on tactics that had once asserted their standpoint, but doing so twice is not always the best decision.  When people failed to consider the motives behind the case, and in turn, the ultimate goal of the trial, they were unable to escape conviction.  It is also important to note that this time around, there was a unified defense.  And while this is an essential component, it did not really serve the defense in the end.  An important aspect of this text is its technical nature.  The newspaper articles did a good job of providing an overview, but really getting to the root of the issue is critical.  I found the last couple paragraphs of this chapter to be somewhat shocking.  Koon could have easily betrayed Briseno in this situation, but he instead took the honorable route.  This represents one of, if not the first, times that he takes accountability and recognizes a difference of opinion.

In chapter 17, the prosecution has finally gained control.  From the beginning, an important distinction is made.  Clymer “reminded the jurors that King was not on trial and hadn’t killed or robbed anyone the night of his arrest” (Cannon 463).  This is a necessary statement, as the defense is wasting their time in attempting to defame King.  The trial is no longer about this, as he has proven his human nature and tendencies.  This represents a major flaw in their attempts to walk away with an acquittal.  A series of crucial mistakes demonstrate a marked difference in the defense the second time around, as they are much less successful in staking their claims.  Perhaps the most interesting claim of the chapter happens on 468, when, “The situation was reversed in the federal trial, where King testified and Powell did not.  Powell was now the shadowy figure on the screen who was easily demonized by prosecutors as a brutal cop meting out street justice” (Canon).  These few sentences demonstrate the crux of what has happened—in a series of events that are the antithesis of what happened before, the defense is being painted as the other, something that did not really happen before.  Canon goes on to describe Braun’s argument, during which he makes several historical comparisons that seem to lake value, relevance, or truth.  It is clear that he has lost control of the situation and cannot really gain it back.  The reader then comes to understand that fear is weighing heavily on the decision.  Canon implies that a fear of more riots is certainly a driving factor, and demonstrates a desire to preserve what Los Angeles was meant to be.  This speaks directly to the first chapter, a series of pages that outline the vision of Los Angeles as a place of prosperity and peace.  And while it seems that the process of finding a jury is a complicated and meticulous one, an important detail emerges on page 479.  The reader learns that, “Two male jurors discussed personal experience with drug use.  […]  Had these men, both of whom supported the conviction of Powell and Koon, told any officer of the court of their history of drug use, they would not have been accepted as jurors” (Cannon 479).  While it is unfair to say that the trial would have gone the other way if these men had not served, the implications of this reality weigh heavy.  Perhaps the officers would have been acquitted if two other people had been on the jury.  But the point is that perhaps the entire trial was swayed due to a few technicalities.

Lastly, in chapter 18, Cannon posits whether or not the trial was fair.  In these moments, Koons seems to finally appear human in terms of his emotions and feelings of betrayal.  His blatant statements regarding his lack of racism puzzle me, as this claim is at the center of everything.  Another trial is chronicled in these pages.  A group of young black men attempted to kill a truck driver during the riots.  Naturally comparisons will be drawn between this and the Rodney King trial, as both are racially charged and involve videotape.  Ultimately the men walk away relatively unscathed, and the reactions are less than favorable.  The role of fear is once again important to consider, as it was on everyone’s minds.  The results represent “A blow to the justice system” and so many were “disturbed by the verdicts” (Cannon 514).  Ultimately this case and its results at least to some degree detract from the progress made by the second Rodney King trial.  Ultimately, one must consider the political nature surrounding these instances, as much of the decisions are based in political desires.  The overwhelming message is that nothing is what it appears to be on the surface, and one must look at both historical and cultural contexts when looking at any trial.  

Monday, January 24, 2011

The Story Told by The New York Times

In looking at the first five articles in The New York Times, one can draw conclusions about the story being told.  This posting will look at each article separately.

The first article points out that the police officers were clearly doing something wrong, as the officers "did not realize that they were being video taped" (AP 1).  From the beginning, the reader sees that something bad has happened, though the details are relatively unclear.  It also becomes clear that media will play an active role in the investigation, as the first paragraph addresses the existence of a video tape.  But there also is a lack of congruency surrounding the situation, as manifested by the varying responses.  Gates believes that only three officers will be examined, but Ms. Gibbons says it will be all fifteen. Different parties hold different beliefs on the appropriate course of action-- a reality that will be present throughout. An interesting aspect of this article is the lack of quotes from people who were actually involved in the incident.  Perhaps these individuals were told not to respond or simply chose not to, but this makes it hard to understand what is really going on.  Through this, one must question who said witnesses are, and how valid their responses really are.  Lastly, race does not come up until the very end of this article.  While it is blatantly at the center of the incident, this article fails to account for this fact. Perhaps the AP wanted to speak about the incident without delving into the details quite yet.

The second article begins by telling the reader that the Mayor hesitated for a month before coming to a decision.  This implies both a racial tension and an uncertainty regarding the appropriate course of action.  There is also an obvious concern for public appearances, as Bradley wants to restore safety and gain back the people's trust.  It is interesting that the Mayor ties this issue into Los Angeles and its welfare as a whole.  His decision to do so demonstrates a mistrust in Gates and an overall questioning of his character.  He seems to be trying to paint Gates as the villain in this situation.  Here the reader also sees the first implications of just how deep this issue really is.  It goes beyond merely looking at police brutality or race.  But this particular article still seems to skirt over the issue of race.  And there is also a continued lack of congruency over what happened and what needs to be done to fix it.  Next, people of merit and value in the situation are beginning to speak out.  This includes both the mayor and Gates among others, a fact that demonstrates a desire to bring justice to the incident.    Finally, Ripston likens this incident to the Reagan issues.  This speaks to desperate and bold attempts to do anything to defame Gates.

The third article makes the incident even more complicated because Rodney King becomes a criminal and a victim.  It becomes incredibly difficult to understand his character, and in turn, comprehend the complete magnitude of the situation.  His enigmatic identity furthers the unclear incident of this whole nature.  It is also essential that a date has been set for the trial, as this means important progress has been made.  Through outlining King's prior indiscretions, it seems that this article attempts to criminalize him and sway the reader's opinions.  This tactic is also embedded in earlier and later articles and applies to both sides of the case.

The fourth article demonstrates the the increased racial tensions surrounding the issue. The fact that Powell asks for the statements to be dismissed speaks to just how racially charged they must have been.  The articles seem to be finally addressing just how central race is in this incident.  We also see a questioning of the officer's character, something that previously did not really happen.  If they are going to bring King's previous indiscretions into the conversation, are they not also required to include previous commentary as well?  Here the article addresses both sides of the issue and attempts to bring an equilibrium into the equation.  Specific issues become pinpointed also, as it becomes a question of whether the force was necessary or excessive.  This article includes Rodney King and the effects on him as a means of portraying just how brutal the contact potentially was.  Lastly, it seems that the judge wants an answer quickly, as justice clearly needs to be brought to the situation.

In article five, the author depicts just how vastly this incident undermines the LAPD and the police system as a whole.  Violence and excessive force seem to be prevalent in the system, a reality that blatantly needs to be addressed.  The issue then becomes about crime as a whole, not just the justice system in Los Angeles.  This fact is addressed by the concept that a complete change is necessary in order to fix an inherently flawed system.  The implications of the beatings become apparent as people across the nation take notice and become involved.  It is also clear that there will be an incredible struggle to reach a correct and lawful decision in court.  The reader begins to question why the system is so flawed if Chief Gates is aware that brutality has occurred relatively frequently.  Broader questions are coming to the center of the issue as the details are further delved into.

Wednesday, January 19, 2011

Official Negligence- First Reading

So much of this narrative directly demonstrates biases and forms of logic that were discussed last class.  In order to demonstrate this, a couple of key examples will be pointed out.

Ad- Hominum is present in the discussion of George Deukmejian, the Republican Governor of California in the 1980's.  His characterization is a clear attempt to blame him for being unaware of, and in turn, inappropriately handling the aerospace decline.  He is described, "Deukmejian was an unassuming and unimaginative governor with a passion for prison building. [...] Also like Coolidge, he was oblivious to portents of economic catastrophe" (Cannon 12).  While these facts may be true, it is through word choices like oblivious and catastrophe that his shortcomings are made readily apparent.  Much less abrasive phrases could be used to portray a similar message, but they would do less to question the Governor's character.

Next the reader sees bad news bias.  The author seeks to describe a survey in which citizen's were asked to report their current outlook.  "Of those responding, 83 percent said life was good, but 43 percent were pessimistic about the future" (Cannon 15).  While it is unfortunate that 43 percent had a less than favorable outlook, the 83 percent is an incredibly high number.  Here the author pinpoints the negative in order to demonstrate the consistent negativity seen in the news.  His word choice also has a similar effect, "The survey was accompanied by an article on the lives of six families that catalogued horror stories of congestion, traffic problems, and crime" (Cannon 16).  While these problems are bad, the word horror makes them much worse.  There are terrible atrocities occurring on a daily basis, and many of them are far more catastrophic than having to sit in traffic.

Visual bias is an important one to consider, as it speaks to the attempt to portray events in a very specific light.  If the media  can provide their audience with a visual, the story becomes that much more real and horrific.  The news source with access to the Rodney King video footage speaks to this fact, "'We edit tape so we get the most dramatic footage that tells the story,' Cereghino said.  'We do it all the time"' (Cannon 22).  Here someone is admitting to editing in order to make the story look a certain way.  If the story was not incredibly dramatic, it would have much less of an effect on people, and would be much less talked about.

Status quo bias seeks to rely on maintaining the power of things like the law and politics.  Often the truth is covered up in order to keep some semblance of order.  In Rodney King's trial, an attempt to follow this bias was incredibly apparent.  "Neither the prosecution nor the defense in the subsequent trial wanted to dwell on the awful possibility that the LAPD officers are simply too poorly trained or ill-equipped to take physically powerful and combative drunks into custody without beating them into submission" (Cannon 46).  To focus on this information would undermine the law and bring about a whole other series of complicated issues and questions.  Instead, people tend to stick to what they know, an activity that often revolves around keeping the powerful on top.

Propaganda is also apparent, particularly when considering Latasha's murder.  In order to avoid racial issues and implications, the police painted the story inaccurately.  "What the authorities were actually doing, to the extent they were doing anything at all, was trying to prevent a race riot by misrepresenting the racial context of the killing" (Cannon 117).  The commander of the LAPD described it as "just a business dispute" (Cannon 117).  Doing so makes it easier for the police to deal with the problem, for if it became an issue of race, riots could break out again.  Propaganda serves to shield the general population from the truth in order to make solving a problem simpler.  But the world tends to miss out on the truth in these instances.

Much of these initial chapters are grounded in portraying Los Angeles before, during, and after the Rodney King beating and trial.  Doing so allows the reader to understand the desperate attempts to create a city grounded in optimism and economic success.  While these facts by no means exonerate the police who were responsible for the beating, it adds a new facet to their behavior.  It seems they were attempting to restore order and return to the idealized Los Angeles they believed could exist.  But through both a historical analysis and a portrayal of two brutal crimes, it becomes clear that this idealized conceptualization of Los Angeles probably was merely a dream.  One gains a greater understanding of both the Rodney King situation--particularly through a more detailed telling-- and the incidences surrounding it.  The author seems to be arguing that Los Angeles was probably largely unequipped to handle these heinous crimes due to its nature and the subsequent implications.

A continued tension lies in being able to characterize Rodney King.  His coworkers described him as a kind and timely person, yet his criminal record is pretty astounding.  While these chapters did bring some clarity to the situation, it is still hard to understand King.  He lies on both sides of the law, and perhaps will always appear this way.

Important details revolve around just how racially charged these incidents really are.  It is interesting that the Du family never reported any of the crimes committed in their store until a murder was involved.  This creates a highly racial situation, and makes the issue even more complicated.  While reading these chapters allowed for a greater understanding, there are still some details that need to be filled in.

Monday, January 17, 2011

Rodney King Newspaper Articles

This first posting is a response to a series of newspaper articles covering the beating of Rodney King in 1991:

The crux of these articles lies in understanding the role and influence of the law in all sectors.  Law manifests itself in several senses: in the police officers themselves, in the way citizens obey or disobey the law, and in a courtroom.  Here, the law becomes one of the most important factors in determining how society operates.  And though the law is often considered the deciding element on what is right and what is wrong, these newspaper articles seek to dispel this belief.  These statements seem to argue that the law may be inherently flawed, as behind the scenes it can be intrinsically violent and dishonest.  This particular fact becomes clear in article 5, when, "A little more than four months ago a videotaped beating of a black motorist by Los Angeles police officers stirred national outrage, an independent commission today issued a harsh indictment of the Los Angeles Police Department as an agency that has tolerated excessive force and overt racism among its officers" (Reinhold A1).
         Another important element to consider is the place of media as an influence on how justice comes about.  The fact that this particular incident was filmed demonstrates how different forms of media can affect how an event is understood.  Though film and other forms of communication are commonplace in crime today, the Rodney King incident set a precedent for acts of crime that followed or will follow.
        Race is also an incredibly important factor, as many took on the belief that this act of violence was racially charged.  The verdict by the court also speaks to this fact, due to the acquittal of the police officers.  Following the decision, the President of the Los Angeles NAACP spoke out, referring to the sentence as, "'a sign of institutional racism at work"' (Perez- Pena A28).  Here it becomes clear that race will always be relevant in the law and so many other sectors.  It can never truly be ignored, even if people claim they see beyond boundaries of color.
         Many of these articles relied upon the desire to preserve and restore justice as a means of responding to those who committed acts of violence.  In article 2, the Mayor states that, "The L.A.P.D's reputation cannot be restored as long as Daryl Gates is at the center of the storm of protest" (Reinhold A17).  But an area of confusion lies in whether or not the general population is in support of bringing justice to what has happened.  At first, it seems apparent that normal citizens, mainly those not in a position of power, feel that the chief should resign, while political leaders are hesitant to say they feel the same way.  But in later newspaper pieces, it became unclear where citizens stand on the issue.  And the fact that the jury voted the way it did speaks volumes to this fact.  One must also consider the incredible dichotomy present in Rodney King himself.  He is both a criminal and a victim, a man on parole and a man seeking justice through the law.
       Another interesting and puzzling factor is the role of the pictures in the trial.  Article 9 cites the fact that the defense is opposed to bringing photographs into the trial, because they would, "show the effects of the beating far more graphically than those previously shown at the trial" (Perez-Pena A17). Perhaps the video quality lacked clarity, but it is hard to imagine that this footage was not particularly violent and disturbing.  This reality demonstrates a fear on behalf of the jury to understand that the world is dangerous and violent.  It seems that the defense is afraid to shed complete light on the situation, as doing so could turn the decision around.
      One can also examine the police reaction to the riots.  So many of the officers claimed that they were acting appropriately when they dealt with Rodney King, yet they were so blatantly unequipped to handle the aftermath.  Article 15 articulates this reality, "The Los Angeles Police, apparently caught off guard by the violent reaction to the acquittal of four white police officers in the beating of a black motorist, were slow to react, even after the scope of the anarchy sweeping the city had become apparent" (Reinhold A1).  It is difficult to imagine that people who are hired to understand the nature of violence could not appropriately handle this situation.  It also seems improbable that no one would be angered by how racially charged the acquittal comes across, and how it defends brutal acts of violence.
         Ultimately these series of events do much to undermine the law and question its validity.  At the heard of the Los Angeles police force lies a potentially flawed and violent system that does not bring justice in the way it is meant to.  One must question both the law and what it stands for, as an inherently flawed system cannot truly be trusted to provide justice in an immoral world.  The people of Los Angeles come to question who they can really trust to bring peace to their town, especially if those hired to do so are failing.  An interesting aspect of this lies in the aftermath of the trial.  When the law fails to act or appropriately predict outcomes, violence and acts of dissent continue.  Thus, one can determine that the law is a necessary evil.  With it violence still happens, but without it, the world turns to chaos.
      As previously discussed, the Rodney King incident also calls for a consideration of the media.  An accurate and in depth portrayal of the beatings can provide incredible insight into what has happened, and allows for a greater perspective of the situation.  But with this information also comes a series of questions.  One must look at the source of the tape and evaluate potential biases or lenses that the person filming brings to the situation.  It seems that the introduction of media in crime creates a whole new series of complications and facts to wonder about.