This is why we don’t want cops having to make these kinds of calculations: many of them are as dumb as you and make the kind of weird leaps you’re contorting through above. Here’s a mind-blower for you: two thought processes - “I hope that cop doesn’t spray me with the pepper spray he’s showing off, but just in case I’m going to close up my hoodie” and “I hope that cop sprays me with the pepper spray he’s holding [because I’m insane], so I’m going to close up my hoodie” - might be represented by the same physical activity (closing up a hoodie).

What kind of hair-splitting bullshit is that? These guys deserved just the right amount of pepper spray! I’ve never seen anyone bend backwards to such an extent to apologize for what the rest of humanity seems to recognize as a completely warrantless use of chemical force. I’m not even sure WHY you would try to justify it - surely it just means the next protesters will procure goggles or gas masks and then what will those endangered police officers employ to protect themselves from aggressive sitter-stillers? Angry bees?

Tasers.

Well the cops seemed to have made a major mistake in the pepper spray incident. Didn’t they get a suspension without pay and an investigation? So what is the problem?

If you can find me evidence of any of the following, I’ll gladly eat my hat:

[ul]
[li]A copy of the use of force continuum for the security company or the local police that allows for pepper spray before soft hand or hard hand techniques[/li]> [li]A video, photo, or eyewitness account proving that the police applied soft hand or hard hand techniques to move the protestors (not just the bullshit ass-covering that happens at 2:13)[/li]> [li]Any movement from the protestors that could be construed as violent or threatening to the officers[/li]> [/ul]

Otherwise, sadly you’re going to have to admit that you have no clue what you’re talking about. Using pepper spray in this manner is a lazy, bullshit shortcut to prevent the cops from having to do the hard and inconvenient work of separating those people by hand.

It’s unclear. Charles Key, a former Baltimore police officer responsible for the UC Davis police code, has claimed that use of pepper spray was permissible according to that document. In that case, it was an explicit alternative to “so-called pain compliance hold[s].”
The same NPR article does note that specific kind of protest activity is indeed legally considered passive, not active, resistance, however.
On further examination, I found a paper titled, “The Use and Abuse of Pepper Spray” by Lynne Wilson, JD, an attorney in Seattle that specializes in police misconduct. According to Wilson’s research, which is cited to the National Institute of Justice, “[M]ost police agencies rank pepper spray on the use-of-force continuum 'just after physical pain compliance and immediately before the use of impact weapons, i.e., batons” (Wilson, p. 13). If that was the case in the UC Davis incident, then the police in question are clearly guilty of misconduct. According to an [article by TIME, less-lethal tactics “may sometimes be employed out of order.” It appears that the speaker, Geoffrey Alpert, was admitting that this is an option for some departments, since he follows up with the clarification that the rationale is avoiding physical altercation. However, Alpert may in fact be saying that it is employed out of order due to ignorance of actual regulations – a situation that would therefore constitute negligent misconduct. That said, Alpert later notes that standard procedure calls for use of batons to pry people apart, which seems to get back into the area of “soft” and “hard” techniques. The California Commission on Peace Officer Standards and Training apparently reported to TIME that California had no overarching policy on pepper spray use, meaning that discretion is allowed. It does seem, however, that the Commission believed that that discretion should be exercised only once a high bar of threat is surpassed.
I was also unaware that, even in the case of pepper spray use, failure to provide subsequent medical treatment may be considered “objectively unreasonable, excessive force” per the Fourth and Eigth Amendments (Miller in Wilson, p. 17).

According to this [url=http://www.wired.com/wiredscience/2011/11/pepper-spray-psychology/]article](http://newsfeed.time.com/2011/11/22/uc-davis-fallout-when-should-police-use-pepper-spray/) by Wired, 45% of all police departments in the U.S. have written regulations authorizing the use of pepper spray “in response to passive resistance.” The article does identify at what point on a continuum of force that pepper spray may be used against such resistance, but the implication is that it is often permissible to use it as an alternative to initiating physical contact.

That said, the data seems to suggest that pepper spray has not been a beneficial addition to the law enforcement arsenal when issued broadly. I can agree with calls to review its use and utility, and possibly to take it out of common use.

This is why we don’t want cops having to make these kinds of calculations: many of them are as dumb as you and make the kind of weird leaps you’re contorting through above. Here’s a mind-blower for you: two thought processes - “I hope that cop doesn’t spray me with the pepper spray he’s showing off, but just in case I’m going to close up my hoodie” and “I hope that cop sprays me with the pepper spray he’s holding [because I’m insane], so I’m going to close up my hoodie” - might be represented by the same physical activity (closing up a hoodie).

The fact that he chose to close his hoodie but remain in place indicates that he elected confrontation.

What kind of hair-splitting bullshit is that? These guys deserved just the right amount of pepper spray! I’ve never seen anyone bend backwards to such an extent to apologize for what the rest of humanity seems to recognize as a completely warrantless use of chemical force. I’m not even sure WHY you would try to justify it - surely it just means the next protesters will procure goggles or gas masks and then what will those endangered police officers employ to protect themselves from aggressive sitter-stillers? Angry bees?

Because there’s an obvious question about what police ought to do vis-a-vis peaceful protestors. What is permitted? Carting them all off by deploying huge numbers of officers to each event? That hardly seems plausible. There’s always the question of psychology. Police are always going to want to err on the side of action when their authority is questioned. Cases like the UC Davis incident are problematic because they represent both an actual human tragedy as well as a more abstract incident that might be thought of as saying something about what police will or won’t do in other, similar situations. Letting the protestors do their thing would have been, in my estimation, the ideal solution. However, that might not always be the case. I don’t know whether UC Davis made a reasonable call when ordering the protestors to disperse. I’ve suggested above that I don’t think they did. Nevertheless, I am under the impression that the officers followed the very sparing protocols they did have regarding the use of that spray, and that it was done on the justification that they were going to have to take physical action to remove the protestors. So claims the guy who wrote department regs. We’ve got an opponent of OC on record in the papers saying that the accepted alternative is to use batons to pry people apart. That’s obviously far short of using them to hit people, but I can see the difficulty for officers: it requires that there be a lot of police present. That isn’t something most departments want to make a habit of doing. As I said before, it cedes a lot of situational control off the bat.

I hope sometime when you’re in an argument and you choose quietly sit down to make your point that they fucking kick your head in and then over your bleeding body tell you that your non-violent actions clearly indicated you elected for confrontation. Or maybe they should beat your wife until she miscarries to teach you not to defy them.

You’re being a complete asshole apologist for excessive force.

Also, one word…paragraphs.

And you are just a complete asshole.

Holy God it’s LITERALLY a “if she didn’t want it she wouldn’t have worn that” defense!

And the next time that somebody is swinging a baseball bat at you and you put your hands up to keep your skull from being smashed open you elected to confront that person.

Police are always going to want to err on the side of action when their authority is questioned.

Too fucking bad. If they can’t control themselves then they need to find a different job. One that doesn’t come with the implicitly understood assumption that the life of a police officer is worth less than the life of any civilian. And yes, I mean that. One random police officer’s life is worth less than one random mentally unstable homeless person.

Because there’s an obvious question about what police ought to do vis-a-vis peaceful protestors. What is permitted? Carting them all off by deploying huge numbers of officers to each event? That hardly seems plausible.

If they aren’t violently resisting then that is the only ethical choice.

Nevertheless, I am under the impression that the officers followed the very sparing protocols they did have regarding the use of that spray, and that it was done on the justification that they were going to have to take physical action to remove the protestors. So claims the guy who wrote department regs.

“I was just following orders” is not a valid defense for behaviour of any kind.

Before I jet out of this thread, I feel compelled to mention that pepper-spraying did not, in fact, magically disperse the crowd to their respective homes. You might have noticed that the protesters were still sitting there.

I wonder how police dealt with protests before pepper spray? Oh, right, by having enough manpower to pick them up and carry them away. Which is apparently too expensive these days. Boy, that austerity stuff sure hits hard!

DJ, it’s clear you haven’t read or haven’t understood the mentality behind blaming the victim. There is no point in calling you on it when your response is essentially to shit out a paragraph that doubles down on it. Uh, ok. Cool story bro. I’m going to be over here with the non-sociopaths.

One day you might look back on this and say, “Did I really describe a police force as some sort of unstoppable freight train of crowd dispersal, transferring all responsibility to avoid confrontation to those who find themselves in its path? That doesn’t sound like me. Here we are, 20 years in the future, and our police still aren’t robots, so I’m pretty sure they weren’t back then, either. Huh, maybe someone hacked my account.”

Then again, you might not.

Yep, those are the only two choice: pepper-spray or carting off (ever since Kent State ruined the whole live ammunition option. :( Way to go, Kent State).

Here’s an idea: they’re college kids. They’re goofy, political neophytes eager to stretch their activists wings and see if they can’t get some change effected. Why not let them sit out there in the cold and rain? What’s the worst that can happen? One of them catches the flu?

You might also say letting a guy casually stroll up and down the line of protesters while spraying them in the face with pepper spray, resulting in no dispersal of the sitters-in whatsoever is also ceding situational control. Of course, automatons probably aren’t concerned with situational control or bad PR. They’re rust-proof and will simply outlast organic entities.

Seriously, how hard would it have been to just cuff the kids and move them? Why is “spray them in the face with caustic chemicals until they can’t sit still anymore” a reasonable option here? If the university wanted them moved, then move them. Don’t torture them until they move themselves.

I got on Scuzz on this subject earlier in the thread, and now I’m going to repeat myself.

Every time we see an example of police deploying violence against peaceful protesters, we see the same two modes of thought arise. Both seek to shift responsibility for the violence onto the protesters, and both come from a fundamentally authoritarian mindset that I find to be incompatible with the values we purport to hold as Americans.

The first is on display by DJ (and earlier in the thread by Scuzz). It views police instigated violence as a fait accompli. As I pointed out in responding to Scuzz, doing so casts the police actions in the same terms of those of a natural disaster, or an act of God.

This is, of course, ridiculous. This James Fallows post does a good job of explaining why (scroll down to the second response). The responsibility for the deployment of violence falls upon the entirety of the police chain of command, from the officer who sprayed the students, on the way up to the university chancellor and in between. The protestors bear no responsibility. It was the university that decided they had to be removed, and the university that decided to employ coercive violence to remove them. The idea that the students somehow had it coming is morally repulsive.

The second common justification is that the students were breaking the law. Along with this comes the unstated assumption that the violation of any statute, however minor, warrants the use of coercive violence by the police as they seek to end the lawbreaking. This is also authoritarian nonsense on its face, the same justifications were used on behalf of Bull Connor siding dogs on civil rights marchers, and on blasting them with master streams from fire apparatus. Its bullshit on its face, there are more important values than abstract respect for the law as written. This is the principle that undergirds almost all conceptions of civil disobedience. Those that hold respect for the law as the highest possible value are usually simple authoritarians wrapping themselves in paper and ink in order to soften their image.

Two cops (including the sprayer) were suspended (probably with pay as that is how most police forces would handle it).

[ul]
[li]Any movement from the protestors that could be construed as violent or threatening to the officers[/li]
[/ul]
I have seen footage that show students had completely surrounded the group of police involved in this incident. They may have considered that as
a danger. Still no cause for the pepper spray however.

The first is on display by DJ (and earlier in the thread by Scuzz). It views police instigated violence as a fait accompli. As I pointed out in responding to Scuzz, doing so casts the police actions in the same terms of those of a natural disaster, or an act of God.

Again, as I stated then. All I pointed out was that anyone involved in protests of this magnitude is foolish to expect that the powers that be are going to stand by and do nothing forever. Eventually they were going to respond. I stand by that statement. Especially anyone in these later protests.

There was a story someplace that indicated that much of the treatment the OWS groups are getting now is coming from Homeland Security. I find it hard to believe that almost every municipality/school/etc has chosen on their own at the same time to evict OWS groups everywhere.

Here in Fresno the county is arresting people every night at 2:30 in the morning from the same place. Often the same people. Estimated cost to date…$116,000. Why bother? I don’t understand the need. Same as UC Davis. The pepper spraying there only escalated the protests there and school will be on break anyway now for 4 days.

I can understand the OWS groups being a problem for some cities, Oakland, NYC…but not everyone.

And why have they all cracked down at the exact same time?

I hope sometime when you’re in an argument and you choose quietly sit down to make your point that they fucking kick your head in and then over your bleeding body tell you that your non-violent actions clearly indicated you elected for confrontation. Or maybe they should beat your wife until she miscarries to teach you not to defy them.

You’re being a complete asshole apologist for excessive force.

It’s an Internet debate. Are you seriously unable to hold your worse emotions in check?

Holy God it’s LITERALLY a “if she didn’t want it she wouldn’t have worn that” defense!
Is this what you do when somebody warns a pregnant woman against riding a roller coaster? I didn’t shift the blame for violence. What I did do was to question the soundness of the pregnant woman’s judgment, and thereby depth of moral outrage over the outcome of a lost life. It’s one thing to regard that incident as a tragedy, which it was, and another to wave it around as evidence that the police are especially awful people who, with malice aforethought caused a pregnant woman to miscarry, or else were negligent of their responsibility to protect during a mass scuffle. Keep in mind that I don’t know the particulars of her story, so I can’t say for sure whether she was a bystander caught up in the mess, or somebody who stuck around long past that moment when a reasonable individual would have concluded that violence was a strong possibility.

And the next time that somebody is swinging a baseball bat at you and you put your hands up to keep your skull from being smashed open you elected to confront that person.

I’m making a specific point about how the protestors responded to the police. Many times, I’ve pointed out that, depending on where your sympathies lie, their behavior might be considered perfectly ethical, perfectly legitimate. Even beyond reproach. At that point, it boils down into a question about whether the police were at fault for enforcing the Chancellor’s orders – clearly, you believe they were, since their moral obligation to the public exceeds their formal subordination to hierarchy – and then whether you believe that pepper spray is an appropriate substitute for “soft hand” techniques. Honestly, considering that “hard hand” techniques unambiguously involve using pressure points and pain to compel obedience, I’m inclined to place them in the same spot on the force continuum as OC.

Too fucking bad. If they can’t control themselves then they need to find a different job. One that doesn’t come with the implicitly understood assumption that the life of a police officer is worth less than the life of any civilian. And yes, I mean that. One random police officer’s life is worth less than one random mentally unstable homeless person.

I agree with the requirement for self-control, which protocol suggests that Lt. Pike did not follow.

I disagree that a police officer’s life is worth less than that of a civilian, however. I think a police officer is expected to risk his or her life on behalf of civilians. That is clearly what is meant by service. However, I don’t think that should be taken as evidence that the civilian is always more important in a purely qualitative sense. Police must expose themselves to risk in part because there is a presumption of innocence, and in part because society correctly expects them to apply the minimum of necessary force in each case. The question here is what that minimum was, and whether the use of pepper spray as a preventive measure exceeded that minimum. Procedurally, the answer is ambiguous. Apparently, UC Davis procedures authorized use of pepper spray against protesters in cases like this. Morally, the answer is ambiguous if one holds that the police shouldn’t have been under obligation to overwhelm the crowd with still greater numbers. Then, you get into a question of whether police should be expected to try to separate crowds at hazard to themselves, and deploy pepper spray and the like only when met with violence, not just passive resistance.

If they aren’t violently resisting then that is the only ethical choice.

I can appreciate that point of view. I have even stated that I don’t think the police should have been ordered to disperse the crowd in the first place, based on the information I have. However, there is a broader issue at stake, which is precisely how we should resource our police departments for crowd actions. It involves calculating the opportunity costs of deploying more resources to one event rather than others.

Consider firefighters. Fire departments do not scramble all of their resources to a particular scene: they always hold some assets in reserve to deal with other contingencies. This reflects their responsibility to protect whole jurisdictions rather than particular individuals, families, or pieces of property. In some cases, sending only part of their strength makes sense purely because there are diminishing returns: only so much apparatus can fit into any one spot. In other cases, however, holding back resources clearly makes individual fires harder to control, increasing the resulting threat to life and property, but enables the fire department to cover a larger area – multiple potential incidents – at any one time. It works the same way for police.

“I was just following orders” is not a valid defense for behaviour of any kind.

Knowing what we do about psychology, I don’t wave that flag very confidently. Most human beings are highly susceptible to authority. The personal responsibility imperative is a good one, and should be fostered more than it is, but I caution you against having confidence that it will be exercised early, or even often. It is wonderful to wax moral when seated in front of one’s computer; it is another thing to assume implicitly that procedures are in place for your protection, and then to openly question them at a moment of confrontation. Soldiers and security forces are in the unique position of being trained to accept somebody else’s thinking – an officer’s – most of the time, but being encouraged to challenge that thinking at particularly stressful moments. “I was just following orders” is rarely a blind catch-all: it rarely reflects careful thinking beforehand about where ultimate responsibility rests. Soldiers who invoke that defense didn’t necessarily know that what they were doing was clearly wrong or avoidable, and didn’t necessarily go along with it thinking they could later pass culpability to somebody else.

Lt. Pike appears to me to be guilty of using the pepper spray improperly, and the UC Davis force is clearly guilty of callousness and negligence, seemingly malignant, in terms of not providing immediate medical attention. I’m not sure, however, that pepper spray was an unsuitable tool (leaving aside the fact that it appears useless in law enforcement settings like this one, which is not Pike’s problem) given the other options, which involved getting into physical contact with the crowd and would have necessitated the presence of many more officers. I don’t know that society gains more from withholding use of pepper spray than it does from the availability of more officers on the street (or fewer on the overall roles of the force). I also don’t know how comfortable I am declaring that the officers were never at risk, and that therefore they should have used “soft hand” techniques because this crowd was especially fluffy, although evidently it was.

Before I jet out of this thread, I feel compelled to mention that pepper-spraying did not, in fact, magically disperse the crowd to their respective homes. You might have noticed that the protesters were still sitting there.

As I understand it, that was not the point; the point was to render the crowd less able to resist being hauled off.

DJ, it’s clear you haven’t read or haven’t understood the mentality behind blaming the victim. There is no point in calling you on it when your response is essentially to shit out a paragraph that doubles down on it. Uh, ok. Cool story bro. I’m going to be over here with the non-sociopaths.

Defend to me why it is reasonable for a pregnant woman to place herself in a situation where she is likely to be subject to physical harm.

The students clearly chose to make victims of themselves. They wanted to compel law enforcement to make a choice. One can then blame law enforcement for making the wrong choice (action) by claiming the students were in the right. Clearly, you are doing that. However, the gauntlet was clearly thrown down. Sometimes, that’s okay.

I also wanted to make the discussion point that police represent an institution with a vested interest in maintaining perceptions of authority, as well as fear. Fear compels “black blocs” of armed protestors to think twice before engaging in violence. Obviously, these students were not a black bloc. However, from an institutional perspective, police are going to treat all of these situations as variations on the same type, since there is a macro-assumption that each police action sends a message about police capability and intention to potential law-breakers. In other words, none of this is simple, nor cut and dry.

One day you might look back on this and say, “Did I really describe a police force as some sort of unstoppable freight train of crowd dispersal, transferring all responsibility to avoid confrontation to those who find themselves in its path? That doesn’t sound like me. Here we are, 20 years in the future, and our police still aren’t robots, so I’m pretty sure they weren’t back then, either. Huh, maybe someone hacked my account.”
See above.

Here’s an idea: they’re college kids. They’re goofy, political neophytes eager to stretch their activists wings and see if they can’t get some change effected. Why not let them sit out there in the cold and rain? What’s the worst that can happen? One of them catches the flu?
That would be my preference as well. I think the UC Davis chancellor is culpable for that. I’m less certain of whether UC Davis police chief ought to be.

You might also say letting a guy casually stroll up and down the line of protesters while spraying them in the face with pepper spray, resulting in no dispersal of the sitters-in whatsoever is also ceding situational control. Of course, automatons probably aren’t concerned with situational control or bad PR. They’re rust-proof and will simply outlast organic entities.
That’s another issue. I’d like to invite you to answer this question directly, because I’m curious to know. Does it affect your perception of the situation that Lt. John Pike didn’t appear to be either angry or sad as he shot people with OC? It seems to me that there is a lot of outrage over that factor alone: this guy appears to be completely indifferent. That strikes me as the ideal we claim to want in our police. That’s aside from whether he made a gleeful comment just before he pulled the trigger, which some people are claiming.

The objective, as far as I know, wasn’t crowd dispersal necessarily; it was reducing the potential for resistance. Torture, as others have said.

Seriously, how hard would it have been to just cuff the kids and move them? Why is “spray them in the face with caustic chemicals until they can’t sit still anymore” a reasonable option here? If the university wanted them moved, then move them. Don’t torture them until they move themselves.
There are macro-scale issues related to the question of why the police didn’t just take stern “soft hand” action against the crowd.

Incidentally, isn’t any application of force defined as torture here? It is certainly compellance. Trying to break somebody’s intentional arm link with a baton is still painful, even if you use it to pry rather than hit. Pepper spray may be a more intense kind of pain, however, meaning that use of batons would be preferable.

Every time we see an example of police deploying violence against peaceful protesters, we see the same two modes of thought arise. Both seek to shift responsibility for the violence onto the protesters, and both come from a fundamentally authoritarian mindset that I find to be incompatible with the values we purport to hold as Americans.

The first is on display by DJ (and earlier in the thread by Scuzz). It views police instigated violence as a fait accompli. As I pointed out in responding to Scuzz, doing so casts the police actions in the same terms of those of a natural disaster, or an act of God.
From my point of view, there is a strong argument that the police actions were similar to a rain storm. Nobody likes it, but nobody is, ultimately, culpable for the rain. The police were called in to act, and they acted. The problem, of course, is that this is a nested game: the police respond to any crowd action in the context of a larger game, involving many more iterations. They therefore have meta-incentives to make their behavior consistent between games, resulting in less-optimal outcomes in some games (“fluffy protesters”) in order to obtain (hopefully) more optimal outcomes in larger, more important ones (violent protesters). That, in my opinion, grants them a degree of extra consideration here. They also have an incentive not to encourage passive protest as a sure means of nullifying their power to compel crowds to obey the law.

The second common justification is that the students were breaking the law. Along with this comes the unstated assumption that the violation of any statute, however minor, warrants the use of coercive violence by the police as they seek to end the lawbreaking. This is also authoritarian nonsense on its face, the same justifications were used on behalf of Bull Connor siding dogs on civil rights marchers, and on blasting them with master streams from fire apparatus. Its bullshit on its face, there are more important values than abstract respect for the law as written. This is the principle that undergirds almost all conceptions of civil disobedience. Those that hold respect for the law as the highest possible value are usually simple authoritarians wrapping themselves in paper and ink in order to soften their image.
I’m not defending the law, as such; I’m arguing that the nested game of policing both explains police action and reduces police culpability for not bucking their orders in cases like this one.

Go read the Fallows link. It includes a message from a police trainer in Texas who explains the options that the police force had, and precisely why they’re culpable for what happened.

Not to sound pedantic, but everything I see affects my perception of the situation. You can’t evaluate the actions of Pike without noting his demeanor, just as you would any participant in a confrontation. I think you’re asking what I choose to read into his demeanor, and that’s obviously going to be subjective. Personally, I viewed this less as a callous disregard for the well-being of the students and more of a callous disregard for the hard work of responsible policing. Given permission and opportunity to use his new toy, he seems unconcerned with the countless cell phones and cameras capturing his exercise, content in the knowledge he is following orders precisely and will suffer no repercussions for his actions (obviously a miscalculation on his part). In fact, my guess is that in light of the events of Oakland and Berkeley over the past few weeks, he feels he was exercising considerable restraint and executing “textbook crowd dispersal techniques.”

That’s a little silly. Potential for resistance to what? To dispersal, of course.