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Go Home Race, Power, And The Law

THE PLANK JULY 23, 2009

Race, Power, And The Law

As people continue to get worked up about Obama's comments on the Henry Louis Gates story, I think it's important to remember what the president didn't say. He did not call the behavior of James Crowley, the arresting officer, racist. He did call Crowley's behavior stupid. And, really, I think it's hard to reach any other conclusion when you consider that Crowley arrested Gates after he realized Gates was "breaking in" to his own home. That's stupid--and Obama's right to say so. Even if Gates did act belligerently toward Crowley, you'd hope Crowley would be professional enough not to respond by slapping cuffs on Gates and taking him down to the station. The "contempt of cop" charge--which is what these disorderly conduct charges are often nicknamed--is really nothing more than an absue of power by the cop.

And, while I realize there are all sorts of issues of race tied up in the Gates case, I think that the power dynamics involved are getting short shrift. Even if you're white, any time you have an encounter with a police officer, the officer has the upper hand in terms of power, since he's the guy who has the power to arrest you. After that initial encounter, however, that power dynamic can be reversed--at least if you're sufficiently rich, accomplished, and connected, as Gates is. (If you're not those things, that power dynamic will probably never change.) Which is why, at this point, Gates clearly has the upper hand over Crowley in terms of power. The irony is that Crowley's initial abuse of power has now put him in the position of being largely powerless.

Of course, Crowley is going to have his defenders, who are now in the process of turning him into some sort of conservative hero. And when you read sympathic (non-ideological) profiles of Crowley like this one from the Globe, it is hard not to feel a little sorry for him. But that's when you need to remember that if Crowley had behaved differently at Gates's home--back when Crowley was the one with all the power--he wouldn't be in the situation he now finds himself in. And it does make you hope that, now that Gates clearly has the upper hand, the professor will behave differently--and more responsibly--than Crowley did. What's that line from Spider Man?

--Jason Zengerle

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13 comments

That's really one of the best analyses of the whole incident (and of the underlying dynamic) I've read.  Thanks.

- nolo93

July 23, 2009 at 11:19am

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I think Obama's comments were perfectly appropriate. He stuck to the facts and stopped short of accusing the officer of racism since the evidence isn't there to support that charge. It's true that the officer brought this on himself, but if he isn't a racist, then I think that the damage to his reputation that he has received so far is more than sufficient punishment.

- Kevin Luhman

July 23, 2009 at 11:29am

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The officer was there because a break in had been reported.  Looks to me like if Gates had said "gee thanks for checking this out but no break in here" instead of getting belligerent he'd have avoided this. It's not as though Gates was pulled over for driving a nice car 1 mile an hour over the speed limit.

Cops, including Crowley, risk their lives every day  Despite being black in a racist society, Harvard professors don't.  Crowley still is hero.  Gates still is not.

- McDuffy

July 23, 2009 at 12:56pm

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Obama didn't say Crowley is racist - he didn't have to.  Because he ranted about how race is still an issue.  Which, in context to this case, essentially means that he thinks the only reason Crowley acted the way he did was because Gates was black.

Butt the h*ll out obama.  You don't know the facts of the case, you weren't there, you're friends with the douchebag, you're black.  Taking obama's word is the same as judging a criminal by a jury of his fellow gangster peers.

- jwl2672

July 23, 2009 at 1:35pm

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It's almost quaint how the vicious jwl puts an asterisk in the word "hell" because that's the good and proper thing to do, then goes on to say Obama should shut his yap because he's  black.

As Joe Walsh once said, you can't argue with a sick mind.

- WoodyBombay

July 23, 2009 at 1:52pm

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Woody, you're full of sh*t.  JWL is right- how can a black man judge anything that has to do with race?  He is biased.   White men, like me, know what the score is because we don't have any bias.

Wow, jwl, you really let the cat out of the bag on that one, huh?  No more pussyfooting around for you?  Good- you finally grew a pair and stopped pretending that you didn't like Obama because of policy or anything like that.  

- boneill

July 23, 2009 at 2:01pm

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From The Boston Globe

July 22, 2009

No Charge, But Gates Case Seethes

By Tracy Jan

Globe Staff

. . . “I believe the police officer should apologize to me for what he knows he did that was wrong,’’ Gates said in a phone interview from Martha’s Vineyard. “If he apologizes sincerely, I am willing to forgive him. And if he admits his error, I am willing to educate him about the history of racism in America and the issue of racial profiling.

“That’s what I do for a living,’’ he added. . . .

--Henry Louis Gates, quoted in the Boston Globe

www.boston.com/.../no_charge_but_gates_case_seethes

- bkaplovitz

July 23, 2009 at 2:26pm

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McDuffy - so as long as he has a dangerous job, he has the right to violate a citizen's constitutional rights?  Getting "belligerent" with a cop standing in your home AFTER you have demonstrated that you are the home's lawful occupant is not a crime.  Ranting and raving (however undignified it might be) at a cop on your doorstep, who remains there AFTER you have demonstrated that you are the lawful occupant of the home is not a crime.  Neither party can really claim to have handled this situation well, but the conclusion that must be drawn is that Skip Gates was unlawfully arrested at his home by a cop who should have had the good sense to leave once he had proof that no burglary was afoot.

- csmiller

July 23, 2009 at 2:35pm

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. . . “I believe the police officer should apologize to me for what he knows he did that was wrong,’’ Gates said in a phone interview from Martha’s Vineyard. “If he apologizes sincerely, I am willing to forgive him. And if he admits his error, I am willing to educate him about the history of racism in America and the issue of racial profiling...That’s what I do for a living,’’ he added. . . .

So it's off to the re-education camps for officer Crowley! Vaya con Dios, chico!

- cvillekid

July 23, 2009 at 3:13pm

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Correct me if I'm wrong, from what I understand, once you are in your own house, and it's been estblished that it's your house, the police need a Warrant to come in an arrest...right?

That is why after getting Gates ID, the officer asked Mr Gates to step outside.  If Gates had not stepped outside, then the officer would have had to get a judge to sign a warrant to arrest Gates for "disorderly conuct" IN HIS OWN HOUSE.  

Now are we truly to believe that a reputable judge would have done that?

I tell you as an African American, the racial-bias in this country just makes me sad.

- lamh31

July 23, 2009 at 3:22pm

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The Boston Herald

July 23, 2009

Crowley Teaches Racial Profiling Class At Academy

By O’Ryan Johnson

Cambridge police Sgt. James Crowley, the cop at the center of a firestorm over the arrest of Harvard professor Henry Louis Gates Jr., has taught a racial profiling class at the Lowell Police Academy for five years.

His academy class, which he teaches with a black police officer, instructs about 60 police cadets per year who spend 12 hours in the classroom, said Lowell Police Academy Director Thomas Fleming.

“He’s a very professional police officer and he’s a good role model,” Fleming said. “Former police commissioner Ronny Watson, who is a person of color, hand-picked Sgt. Crowley. ... I presume because he would be the most qualified and most professional. He’s a very good instruction. He gets very high reviews by the students.”

Watson, who is black, is the former Cambridge police commissioner.

Fleming said the course meets four times, for three hours a session. The students go through written material, then watch videos that portray scenarios a police officer may encounter. The videos are then discussed in class.

“He’ll have the students talk about how the different situations should be handled,” Fleming said. “I think he does a great job.”

Lawrence Hickman, a black Boston police officer who also teaches at the academy, said he’s worked alongside Crowley for years now and has nothing but the highest respect for him.

“He’s well versed in the subject matter he taught,” Hickman said. “He is the right instructor for the subject material ... I’m an African-American police officer, If there were any issues or if I thought he was biased, I would have addressed that. We all do the same job and we all know how things get spun out. The bottom line is he was there answering a call for help, he responded as a professional police officer.”

Fleming said Crowley gets no extra money for teaching the class, which requires him to drive from Cambridge to Middlesex Community College in Lowell. He said the academy is well respected and it is used by cops from 53 communities across the state, including Lowell, Cambridge and other cities and towns.

www.bostonherald.com/.../20090723crowley_teaches_racial_profiling_class_at_academy

- bkaplovitz

July 23, 2009 at 3:31pm

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I don't think race has much to do with it as much as Crowley got pissed and thought he would shut this Gates a-hole up. I think from what I have been seeing the past few days that Gates is an a-hole but that was no reason to arrest him. Crowley was wrong.

- blackton

July 23, 2009 at 10:32pm

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The instant Gates proved that he lived in the house, the incident is over. Anything short of him pulling a gun, knife or samurai sword on Crowley, there is no reason to arrest him for the oh-so-vague "disorderly conduct." Gates didn't show enough respect to the policeman, maybe smarted off? Tough shit, Officer Crowley. Be a man, tell him you were only doing your job and responding to a 911 call, and get the hell out of there.

Cuffing and arresting people because you don't like the tone of their voice or the expression on their face is an abuse of power. Racial? Dunno. Wrong? Hell yes. "Stupid" ? Yes. It was stupid. Which is why Obama used the word he used. Because it is the truth.

- WoodyBombay

July 24, 2009 at 1:24am

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