Right, but as others have mentioned, the police are not the military. We ask them to interact with the American public who are granted liberties and rights via our constitution, which those officers and their superiors are sworn to uphold. Good policing requires more than strict adherence to orders or handbooks. When commanders feel the need to dictate exactly how each officer must respond to each situation, we remove all responsibility from the officers actually interacting with the public. “Protester sits on ground and refuses to move = administer pepper spray to face region” isn’t managing the situation. It’s just filling in the blanks.
I agree wholeheartedly with your description of good policing. I would like to point out, however, that good policing involves tradeoffs. Law enforcement institutions, by virtue of their small size relative to the population that shall be policed, are jealous of their authority. Flouting that authority tends to elicit a negative, sometimes violent, response. In particular situations, I am inclined to say that those responses are inappropriate. Across a whole continuum of similar events, however, my certainty gradually weakens.
Should all police departments deploy enough officers so that there is a 3:1 ratio between officers and the crowd? That seems like wishful thinking. Therefore, there either needs to be an assumption of risk and a use of “soft hand” next, or else a deployment of some risk-reduction tool. Is OC a valid tool, considering that it inflicts pain? I think that’s really the question here. Is it okay for the police to hurt you in order to make you comply? What if they’re just trying to make you more pliant when they’re about to hurt you to make you comply? In that case, it’s hurting you in preparation for hurting you. I think you’d argue that they should err on the side of least-use-of-force. But how can police be assured that a “fluffy” crowd isn’t going to turn on them unless they strike hard and fast?
Some protests have become violent, so all protests must be treated as potentially violent. Again, we’re restricting the ability of either side to come to a peaceable agreement. As others have noted, rebranding passive resistance as active lawbreaking is a choice on behalf of the police. Good policing allows for officers to grant a certain amount of leeway in all sorts of restrictions, which precludes a rigid enforcement of all laws based on the “potential” for harm. Clearly, these officers in this situation didn’t fear for their safety (some were seen engaging students in conversation and even patting them on the back). But if the book says spray them down, and their superiors insist they surrender judgement in favor of strict adherence to the book, then police training would consist solely of the proper application of force. Following this to its inevitable conclusion, if the officers responding at the scene are no more than the point of a long spear, then ignoring them becomes a protester’s only viable option. Just keep chewing up that spear until you get to the hand holding it.
I didn’t fault the protesters’ strategy. I did fault that of the police in this case. I don’t think there needed to be confrontation of this kind. However, it’s clear that I’m more sympathetic than you to the idea that the violence of some protests offers justification for treating protests generally with a higher degree of forcefulness than would otherwise be permissible. It’s maintenance of the deterrent effect.