A Teachable Moment: Criminalizing Everyone

A recent “dust-up” in Santa Fe, New Mexico, between the school district and the police department ought to be an important “teachable moment.” But the opportunity to resolve institutional overreach and get back to basics is likely being ignored.

It all started when a highly respected middle-school teacher Marcy Slaughter allegedly threw a paperback book at a misbehaving student. A fire drill had just ended before the final bell of the day rang. The teacher asked her students to remain in their seats for the moment. As you may remember, fire drills are sometimes occasions for frolicking as preadolescent students become agitated by the activity, especially a few days before the end of the school year. According to most reports, four students in Ms. Slaughter’s class decided that she had no right to hold them after the bell and began walking out of the classroom. Their teacher, in frustration with their insubordination, threw one or more – “flimsy” by another student’s description – paperback books at them.

Escalation Unbounded
One of the students complained to her mother; the mother called the police – and the media! She did not call the school. Police immediately charged Slaughter with felony child abuse and charged Principal Marc Ducharme with obstructing a report of child abuse. Neither teacher nor principal were notified of the charges, nor were they arrested. An adequate investigation was not conducted prior to the charges being filed with the support of members of the office of the District Attorney. “Heavy-handed” is a rather mild characterization of these actions. Principal Ducharme had reported the incident to his superiors at the school board, in line with district policy, as he pursued his own investigation into the event.

There is certainly enough blame to go around in this incident. The students were blatantly disobedient to their teacher. The teacher clearly overreacted. The student who complained to her mother clearly ignored her own culpability, as did her mother. The police, instead of acting like “peace officers,” took a combative stance in seeking any basis they could for filing criminal charges. In several articles and columns in the local newspaper, The Santa Fe New Mexican, the unreasonableness of the behavior of various parties was widely acknowledged. Yet the institutional implications of this incident were barely mentioned and only in terms of resolving the inconsistency between school district procedures and police criminal procedures. This incident was a symptom of a much deeper dilemma. Unfortunately, the most important aspect of this teachable moment was missed. The blame game dominates too many institutions today, at the expense of problem solving. But there is more and it touches the very fabric of the social order. Why does something like this happen?

“Higher Authority” Usurps Functional Community
Compassionate resolution of disputes reflects a civil society. That is not how things are going in Santa Fe, in the nation or in the world. Conflicts are routinely escalated rather than resolved. Appealing to “higher authority” marks social-system failure. We humans are in serious trouble. Today, ever-increasing unwarranted authoritarian power is executed with bias, injustice, and abuse. Political power is widely enforced by expensive military and police command-and-control technologies – from “stop-and-frisk” and SWAT home invasions to drone attacks. Authority is claimed at the end of the barrel of an AK-47 or by suicide bomb. In this case, a relatively minor conflict in a public institution was escalated into a criminal case when instead, a conflict resolution process should have been initiated.

It is now common for “social control” to be exercised not by any democratic process or interpersonal negotiated consensus. Instead, arbitrary “rules” of increasingly totalitarian bureaucracies are simply “enforced.” That is a failure democracy cannot tolerate. A Los Angeles police officer, who was at the same time a member of the Crips gang, once told me, “The police are just another gang, but with more power.” In the current case, a police officer inserted himself into a minor case of civil conflict and forced an interpretation of “crimes” having been committed. The prosecutor’s office enabled that overreach. To what end? As a result of the media exposure of the absurdities involved, the prosecutor eventually dropped all charges. The media moved on to other news, but never addressed the implications of the incident for civil society or democracy.

Police are no longer “peace officers.” Instead, high school bullies are self-selected, recruited and trained to treat every citizen as the enemy. The New Mexico state Law Enforcement Academy trains cadets to embrace a paramilitary “warrior cop” mentality, with a strong emphasis on unrestrained use of force. Though it may seem extreme, especially to white middle-class suburbanites who rarely have contact with police, this combative police culture is not uncommon. Nationally, typical police cadets receive 58 hours of weapons training, 49 hours on defensive tactics, but only 8 hours learning to de-escalate tense situations.

The cult of the warrior cop is all about confrontation. While the police were not in any physical confrontation in this case of classroom disruption, their behavior was nothing but confrontational. They should not have been involved at all until and unless some actual crime had been determined to have occurred based on a thorough investigation. Instead, they exhibited aggressive overreach. Similarly, a badly behaving adolescent whines to her mother, who immediately complains to the police – and to a television station – without even contacting the school. She sought vengeful “justice,” entirely ignoring her daughter’s misbehavior, thus encouraging police overreach. Such uncivil self-righteous anger is increasingly as common in America as is excessive police action.

Civil Democracy or Police State
Some conflict is inevitable in any society. Criminalizing one side of a civil dispute does not resolve it. Widespread unnecessary police homicides of unarmed vulnerable persons are symptoms of a dying democracy, as is the rush to criminalize everyone. The “charge first, investigate later” police approach in this instance stems from the same combative police culture that has placed police in crisis across this nation. Continued police intrusion into domestic and civil affairs is as dangerous as is foolishly expecting police to solve all social problems.

Santa Fe Police Chief Garcia and District Attorney Pacheco’s mutual buck-passing upon public exposure of their excessive practices reflects stubborn but embarrassed culpability. As Milan Simonich aptly put it in his 5/18/2015 column in The Santa Fe New Mexican, this problem should have been resolved the old fashioned way: a serious sit-down parent-teacher conference in the principal’s office resulting in well-earned apologies from both sides. That would be the civil solution, and would serve to strengthen community ties. But today’s overburdened regulatory environment of education and law-enforcement limits the principal’s and even district superintendent’s authority to solve problems. This further damages the community’s ability to function effectively and thereby weakens its institutions.

When police rush to criminally charge a teacher and principal in a dispute over classroom authority, the school becomes the dangerous equivalent of a police state. Santa Fe Schools Superintendent Joel Boyd did the right thing in confronting the police chief over this. This police intrusion into the internal affairs of a civil institution reflects an intolerable totalitarian mentality. Police and prosecutor both have a whole lot to reconsider if they are to salvage any credibility for their departments. However, we must remember that this is not some rare parochial incident. Instead, the behavior of police and prosecutor is notably symptomatic of a much larger and deeper problem.

One thought on “A Teachable Moment: Criminalizing Everyone

  1. Pingback: Drone Cop. Part I: Destroying Citizenship by Dehumanizing Police | The Hopeful Realist

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