One Nation Indivisible

When I started to write this, my intention was to have a thought experiment where we pretended slavery didn't exist in America in the 1860s and I would ask "ok then, why did we go to war?"

I realized that was a fool's errand.

The South had an economic and political strangehold on America, and they wanted to expand that into the new territories. Furthermore, they believed the central government had no right to impede them.

How did they get control?

Through slavery.

The wealthiest agricultural magnates in the South--the 1%-ers of the Antebellum days--used forced labor to make ridiculous profits. They effectively lobbied to get disproportionate congressional representation based upon the slaves who were not free to leave the south. And finally, they successfully lobbied to have any escaped slaves returned. It was the perfect business model, protected by the authority of the central government--an authority they would later rebuke.

Forget about morality and essential liberty. Forget about the suffering of black people. Just put it out your mind. The only way to make government fair and representative and to make the market free--duties of the government enshrined in the constitution--was to abolish slavery.

The South needed to preserve and extend slavery to maintain economic supremacy. Abolitionists wanted to end slavery because it was immoral. Blacks wanted to end slavery because they had been languishing under the lash for 400 years. Poor white southerners wanted to end slavery so they could compete fairly. The North wanted to end slavery to break the back of the South. And, the government had a duty to end slavery because it was unconstitutional.

It was ALL about slavery.

Lincoln had a plan to preserve the Union and end the abomination of slavery. He wanted to gradually wean the south off the slavery tit through compensated voluntary manumission. It was not ideal, but it fulfilled the constitutional and moral obligation of the States in the most painless way possible.

How did the south react? They refused. They turned their back on the Union and attacked their former compatriots on the the grounds of states' right and the financial well-being of 1%-ers. They did not care about the constitutional need to end slavery. They did not care about loyalty to their country. They did not care about a free, competitive economy. They didn't care about the inalienable rights of slaves. They didn't even want to coexist in peace as two separate nations.

If this was anyone else except our great great grandparents, we would say the "Rebels" were selfish, disloyal, stubborn, immoral and foolhardy. But, because we idolize that prideful rebel spirit, we whitewash what they really did and what it meant.

At the point they seceded, raised a new flag and called themselves the Confederate States they were no longer American. They're history is NOT our history. Furthermore, when they attacked the United States, they became no different than Imperial Japan, Communist Russia, Nazi Germany or ISIS.

What loyal American patriot flies the black flag of ISIS? Who dons a swastika and gives the Roman salute? Who reveres the crescent and the hammer of communism? If any American of Islamic faith, Russian or German heritage did, they would be reviled. Japanese Americans won't even talk about old Imperial Japan. British expats never speak of the "good ol' days" when America was still British. Mexican Americans don't erect statues to the Spaniards who died in the Mexican-American War. Confederate symbols and "heroes," however... they are special. They have been (white)washed clean and, somehow, made holy.

We born in this country, we have a common history ALL can remember with pride--American history. Americans are pioneers, freedom fighters, liberators, innovators, discoverers, philosophers, makers of exquisite art and soulful music. We conquered the wild and reached for the stars. We harnessed the power of nature by splitting the atom and connected the world with the internet. We have fought genocide, famine and plagued. We destroyed fascism, totalitarianism and communism. We have spread freedom and democracy the world over. We were the original Rebels of modernity; all free, democratic republics are the progeny of America. It means something to be American. Despite all this deep American history, some Americans want to glorify the 4 years when we couldn't get our shit together.

And that... is truly sad.

Thank You For Your Service

File under: Learning How to Live

Due to the fact I live in the middle of nowhere, no internet service providers offer a reliable broadband service where I live. Therefore, you will often find me sitting in my car in a random parking lot, catching up on social media, whenever I travel into the city. Yesterday evening, I was sitting in the CVS Pharmacy parking lot, as I am wont to do. It was after dark, approaching closing time for most stores in the plaza. I was sitting some distance away from the store away from all the other cars. Having just finished an emotionally difficult telephone call, I began to draft an even more emotionally difficult text message. Peripherally, I notice a car pass in front of me turn and travel on around the lot. Being distracted, as I was, I did not notice this vehicle had circled back and pulled up on my rear.  Startled, I get a knock on the window and look up to find a county sheriff standing outside my door.

My immediate reaction was anger. All I could wonder is what yokel called the cops on me for sitting here, minding my business--not bothering anyone. I go on the defensive and a flood of legal knowledge and situational drills rush to the forefront of my brain. What seems to be the problem officer? Was there a complaint? Is there a reason you approached my vehicle? Do you have some reason to believe some sort of crime is occurring? Has the owner asked that I leave the premises?

Much to my consternation, the officer was not being confrontational, aggressive, authoritarian, demeaning or disrespectful in any way. This threw a wet blanket on my fiery libertarian zeal. It is much less vindicating to rage against the machine when the machine is not being a tool. I realized…this guy is just doing his job…we both just want to get through this and go home. I reminded myself that I do not have the right NOT to identify myself when operating a motor vehicle.  Being a jerk can only make things worse, so just shut up and go along with it.

With my hands on the steering wheel of the car, I informed the officer that I have no weapons in the cabin of the vehicle, but there is ammunition in the glove compartment and an unloaded firearm in the trunk. I ask if it is all right to turn the dome light on so that he can see into the vehicle. When he says it is ok, I do so…slowly. Now that he can see into the vehicle, I ask if it is ok that I retrieve my wallet from my left side front pocket. When he says it is ok, I do so…slowly.  While he is communicating with dispatch, I keep my hands on the steering wheel. He encourages me to “relax,” and states that it will not take long. My record is spotless, so I am not worried I will not be driving home soon. However, as I am sitting there, something I did not expect occurred: he struck up a conversation.

He remarks that I am very familiar with the regulations for carrying firearms and asks why I do not apply for a permit so that I can carry mine in the car with me. I remark that this situation would be much tenser if there was a firearm in here with me (the real reason is I am a notorious procrastinator). He quips, if I need it in an emergency I cannot ask the attacker to “hold on” while I retrieve it from the trunk and load it. We both laugh at that. We talk about our common interest, firearms, for a while: favorite carry options, EDC, favorite caliber, ranges to go to… Turns out we both favor the same round, for the same reason (although he is a Glock fanatic, sigh). He talked about the time while on vacation an officer stopped him after he fell asleep in his civilian vehicle in a hotel parking lot. We talked…lightly…about the subject of our tension: bad cops and bad interactions between them and the public. He professed that bad cops make his job harder and those like him want them gone. He admitted in a number of high profile cases that many of the shooters “got away with murder.” He states that is a pleasure to be able to talk with a member of the public about common interests and concerns, without animosity or distrust. I agreed and explained to him that my grandfather, a retired deputy sheriff, and father were both involved in law enforcement at one time, so I understood “both sides” of the issue.

He concluded the stop by shaking my hand and thanking me for the service of my father and grandfather. This heart-felt gesture touched me in a very profound way. For the first time in a long time, I felt a feeling of deep pride and connectedness to my father and grandfather. I let go of what was dogging me, and a sense of the peace and calm came over me. I finished writing the missive I was having difficulty writing and went home feeling unexpectedly inspired.

What I said about my father and grandfather was only mostly true and only in an esoteric sense. It was an olive branch—a peace offering—to build trust and extend empathy. The truth is I never knew my grandfather, as him and the family had estranged since before I was born. Further, I did not know much about his or my father’s experiences in law enforcement.  My father was not fond of talking talk about his former life, or overmuch about his father in more than a general way. Many of the stories from that time in his life seemed to take my father to a bad place; so, as I became wiser, I stopped asking about them.  I gathered that, ultimately, it was that life—law enforcement—that wedged into the cracks of my father and grandfather’s relationship.

I have only ever seen my grandfather in pictures. He was an imposing man with a genial smile, the spitting image of my father, save my grandfather’s rusty hair had not darkened with age the way my father’s hair had. I knew he did dote on his grandchildren. Much of what I knew about him when I was a child I learned from my eldest siblings and cousins; at one time, he was a constant fixture in their lives. I never heard my grandmother so much as speak his name in all the years she lived.

I did speak to him once, over the telephone. I was maybe eight or nine years old at the time. All these years later, I do not remember the sound of his voice, but I remember every word he spoke and how I felt, finally, to talk to my grandfather.  He introduced himself, “Grandpa Bane,” and asked me who I was. We spoke very briefly. He told me that he wanted to see me, gave me his number and told me to call him. Few times can I remember being as happy as I was that day. As I often did, I waited impatiently and excitedly for my father to get home from work; I liked to be the first person to greet him when he came through the door.  I wanted to tell him my grandfather wanted to see ME. Over the turbulent years, my father and I have had some tense, heated and emotional conversations. None, however, was as heart-rending and agonizing, for both of us, as when he had to tell me I would not be seeing my grandfather after all. I never did.  He passed away a short while later.

I thought about my grandfather for the first time in a long time on the drive home—whimsical things, not sad things.  Like, did he have a disarming demeanor and a strong handshake like the deputy? What would be his choice in firearm or caliber today? What would an old-timer like him think of mine? What would he have to say about the state of law enforcement today? Would he have wanted me to continue in my pursuit of a career in criminal justice? I thought about all the conversations we never had and, for the first time, thinking of them did not make me angry or bitter—it made me smile.

Now that I have forced upon you a boring story, a sad story and a sob story, what is your reward for all that? What is the lesson in all of this? One thing about law enforcement that my father did share with me was the importance of the beat cop. Officers in the community patrolling the streets, interacting with business owners and homeowners, being a visible deterrent to criminals are vital to strong, safe communities. A couple years ago in my hometown, my cousin—a bailiff himself—was waiting in the parent line to pick up his daughter from elementary school when a criminal shot him in the back during an attempted robbery. In the world we live, a criminal will shoot a father in front of his wife at his daughter’s elementary school over a cellular phone.  If not for the efforts of dedicated law enforcement officers—officers like the deputy, my father and my grandfather—I would not have felt comfortable sitting in my car, in that neighborhood without my firearm within reach. Police are not the enemy; evil people and the hatred in all of us is. Catharsis is hard to come by in the world in which we live, where not much ever makes sense and true closure is rare. I narrowly almost prevented myself from making peace with a demon that has plagued me all my life. Closed minds and closed hearts stubbornly clinging to principle and jaded perceptions prevent us as a society from embracing one another, healing our wounds and moving beyond the hurts of the past. If humankind is ever to reach its moment of catharsis, it has to click in each of us that we are all just people, people doing our jobs—if imperfectly—and we all want to get through this life to find our way home.

Why You Are Wrong About Police Shootings #BaneLion

File under: For Great Justice

"Did you see what happened before the shooting?"

This question is invariably asked by those seeking to defend a law enforcement officer when there are allegations of excessive uses of force. Often, I would like to reply: "did YOU see what happened before the shooting?!" This question is, though somewhat understandable and almost excusable coming from the lay person, is highly non-nonsensical and betrays a limited understanding of justified use of lethal force. It is especially baffling when proffered by individuals who claim to "keep and bear arms" for personal defense and support the Constitution.

When Lethal Force Is "Justified"

In determining if one is justified in using lethal force against another, the standard is NOT whether the shooter was justified at the moment the altercation began or when he or she drew the firearm. The standard is if the shooter had justification to shoot at the moment he or she squeezed the trigger. Justification would be shooting to prevent imminent or immediate bodily harm or death, either in defense of yourself or someone else. In such a situation where a reasonable person would feel fear, lethal force is justified. However, when the threat ends or at a point where a reasonable person would no longer fear death or bodily harm, lethal force is no longer justified. This means that if you have a good reason to draw your firearm that you DO NOT have a hall pass to unilaterally kill someone.

Cops Are Not Street Judges

If this is the standard for everyday citizens, shouldn't the limitations for sworn peace officers be just as stringent if not more so? Well, turns out it is indeed. Police are required to use modes of force that have a lower likelihood of causing death to apprehend a resisting or fleeing suspect, before using lethal force as a force of last resort. Lethal force is authorized only when a felon is an immediate threat to officers and citizens, or the felon is fleeing and likely will be an imminent threat to others. That's it.




This means that at the moment the police officer uses deadly force against a suspect, if the suspect is not threatening or assaulting someone, or is not a dangerous felon in flight, then the use of force in that situation was not justified--meaning it is a crime. That officer has broken the law, should be stripped of his or her badge and tried in a court of law. Just as you or I would if we committed the same offense.

License To Kill?

What about situations where using lethal force IS justified? As mentioned earlier, this is NOT a license to kill. It is protecting your right to defend your life or someone else's with the amount of force necessary to end any and all existential threats. This means self-defense is the application of judicious force--not unlimited force. If one continues to apply lethal force against an assailant AFTER the individual has been sufficiently incapacitated then this transforms from a justifiable self-defense scenario, to an aggravated assault, attempted murder or homicide.




This should be no different for police. If a suspect ceases threatening behaviors and attempts to comply, or if the police use lethal force on an incapacitated target, that is excessive force and a crime. The officer has broken the law, should be stripped of his or her badge and tried in a court of law.

Where Do We Go Next?

The line of reasoning that breaking the law or resisting the imposition of force by the state (a.k.a. resisting arrest) is somehow a justification for abridgment of the Constitution and revocation of all rights without just due process is a bogus argument. The Constitution is here to limit government abuses and protect the rights of the individual--even when the individual is not respecting the rights of others. If we continue to make excuses for this behavior, the situation will never be fixed. Therefore, the first step to solving the problem is, as always, admitting that we have one to being with.

Police officers have a dangerous and difficult job. Holding them to higher standards of conduct makes it even more so, nevertheless we must. It is a tough calling, not for the timid, cowardly, incompetent or those lacking the most superlative moral character and judgement. Therefore, my solution to police excessive force is to weed out the bad cops who represent the uniform with dishonor

It Starts At The Bottom

The Constitution protects the rights of the accused. Police are not super-citizens above the law.

There is a shortage of well-qualified police officers nationwide and leading desperate departments to accept all comers. This is a grave mistake. There needs to be much stronger vetting and much more stringent standards regarding mental health and past allegations of domestic abuse or professional misconduct. Also, departments who employ a policy of only hiring applicants of average or below IQ need to abandon it in favor of hiring more discerning and judicious candidates.

Leading From the Front

What is indoctrinated in cadets in the academy sticks with them throughout their careers. Unfortunately, police training is decades out-of-date with changes in technology and crime, and out-of-touch with the community police officers must patrol. Police officers are being ingrained with a hyper-militarized mindset, leading to an inherently adversarial relationship with the community at large. This tension is highest in areas where crime and poverty is highest, and police resources are lowest.

Police officers need enhanced training to safely and effectively resolve encounters with persons undergoing a medical or mental health crisis. Departments must also audit their standard operating procedures for dealing with: domestic disputes, procuring evidence for warrants, when tactical raids are warranted, how raids are executed, encountering protesters/open carriers/citizens filming public servants, stops/detentions for non-violent crimes and other situations that frequently result in unnecessary injuries and fatalities.

The innocent should not fear harm will come to them at the hands of the state.

The wall-of-silence culture must stop. If you see something say something, should apply foremost to those tasked with upholding the law. In this vein, police officers should face stiff penalties for failing to report abuses of power or corruption. When there is a incident involving use of force by an officer, it should be investigated by a third party, NOT by the department itself. When officers or police administrators violate the public trust, they need to be fired, prosecuted and barred from ever wearing a badge again.

The Right Tools For the Job

When it comes down to an interaction between a public servant and a member of the public, it should never be a case of he-said-she-said. These encounters need to be recording in high definition audio and video. Officers should be outfitted with eye-view, body and dashboard recording devices that capture both video and sound, and there should be severe disciplinary action for not ensuring that such are operable before entering the field and recording during a stop. It has been state numerous times that this is a legal safeguard for the officer AND the community. There is no reason these are not standard everywhere.

Police should be highly visible and available in the community. Every patrol car should have two officers and every neighborhood should have officers walking/cycling the beat. A lack of presence leads to a lack of confidence in the police by the public, and a lack of backup leads to a lack of confidence in themselves by the police. This is a recipe for discord, fear, distrust, anxiety and paranoia. There can be no working relationship between the police and the community in such an environment.

Police should be trusted members of the community, not an occupying paramilitary force.

Officers on patrol, need better firearms and firearms training. This might seem antithetical to the sentiment of a post about excessive use of force by police, but it is nonetheless true. Police officers are notoriously terrible shooters who frequently miss a suspect standing right in front of them or wound innocent bystanders as a result of bad shooting habits. Moreover, entering a situation out-manned and outgunned ratchets up the tension and anxiety to an even higher level. Officers on patrol need to be able to confidently engage a potentially hostile suspect, and if necessary, shoot with accuracy and precision to end the threat quickly with a minimal loss of life or collateral damage. Further, if the common refrain is that "my Taser didn't work," isn't time to replace the Taser with something that works better?

Our Part

Ultimately the power to change this rests in your hands. What will you do?

The responsibility to improve this situation doesn't just fall upon the shoulders of law enforcement. The is a multifaceted issue that must be attacked from multiple angles. The first thing we must do as citizens is curtail the crime and violence within our own community, by refusing to remain silent out of fear. The lawless make the job of the law officer more difficult and dangerous, increasing the likelihood that one day that cop is going to misjudge a situation and harm someone who should not be. We have to root out the bad seeds in our neighborhood, not only to make them safer for ourselves, but also for those who maintain law and order.

We have to take our civic duty seriously. If you see abuse or corruption, record it and report it. If you have a mayor who doesn't hold the police accountable or a sheriff who doesn't keep a tight reign on his or her deputies, that person should be removed posthaste. Extreme poverty is a strong attractant of violent crime; politicians who criminalize person choice or who vote for job-killing taxes and regulations should also soon find themselves out of a job.

Obey the law yourself, provide for your own safety and security, and avoid involving the police when not necessary. Many people who die pursuant to an interaction with the police were individuals in a medical or mental health crisis, and probably did not need the police at all. Make sure that you and your loved ones are receiving the type of care needed to function smoothly in society. If someone is not a physical danger to another person, refrain from involving the police--whether they are physically/mentally ill or not.

Last year over 1,000 persons were killed by police. Calling the police should not be a risky proposition for a law-abiding citizen. If we stop making excuses and start making changes, one day it won't be.




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