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(Originally posted on Huffington Post on July 25, 2009)
The police officer who arrested eminent Harvard Professor Henry Louis Gates Jr. is said to be an excellent and sensitive cop. He teaches a class in racial profiling. Here are a few discussion points he might want to add to the syllabus. They come from a white layperson who has written often about criminal justice issues and given a good deal of thought to the sort of ambiguous confrontation that led to Gates’ arrest.
These suggestions for the lesson plan are occasioned by the incident in which Gates became embroiled, but none is specifically intended as a comment on that case since there is no way for outsiders to accurately determine what occurred during the confrontation inside that house in Cambridge. They are advanced as points worthy of consideration in similar situations.
First lesson: If an officer arrests a citizen for an offense that is not the one he or she was investigating at the outset and arises solely from the officer’s interaction with the arrestee, then there is an extra burden of proof on the officer. When the arrest results from such a personal interaction, in the absence of imminently dangerous and overt threatening activity such as the brandishing of a weapon, it likely represents a subjective and suspect assessment on the officer’s part
and not a clear-cut violation of the law.
Second lesson: Officers who enter a home or a tense encounter suddenly, as most do at some point, must realize that their presence will heighten animosities that have no necessary relationship to illegal activity.
Third lesson (an elaboration of the second): People get angry. When angry enough, they are likely to swear or shout or verbally abuse the officers whose very presence sets off such outbursts. This anger and acting-out are understandable (albeit not commendable) emotional responses and are not an indication of illegal activity. It is not illegal to be angry or to shout. The First Amendment protects speech, and there is no law mandating citizen politeness to authorities. It is the officer’s duty to defuse tense situations with calming talk or such other means as would be helpful (see next lesson).
Fourth lesson: After the original cause for an encounter has been resolved — as it apparently was when Professor Gates proved he was the resident, not a burglar, in his own home — then the officer must urgently consider the