Go Slow and
Steady…Cross the finish line…Finish the Race
Dr.
Micheal Kane
In Part I of At the
Crossroads: Re-conceptualizing Parental
Fear…, the focus of the writing included the following:
·
Conceptualizing
fear and the privileges assigned to certain people in authority, power, and control
to protect the members of the larger group ( family, community, society)
·
The
impact on fear on ethnic minority parents as well as their inability to protect
their children from being targeted by the police or other individuals within a
society
·
Encouraging
the ethnic minority individual to conceptualize the situations he/she may face
in daily living as similar to “running a race.”
·
Utilizing
the concept of “running the race” as a metaphor, encouraging the ethnic
minority individual to develop and utilize empowerment strategies.
·
Assisting
the ethnic minority individual to seek empowerment of self, rather than “giving
up” power generally associated with the privileges of authority, power and
control.
·
Identifying
and clarifying the roles, relationships and duties of the participants
associated in the race, i.e., “runners” (the police officer and the
prosecutor), referees (the judge/court commissioners) and the fans/bleachers
(the viewing public, society).
·
Identifying
and discussing strategies for the ethnic minority individual to utilize when
interacting with a police officer or others who consider themselves to be an
authority figure.
·
Discussion
of the Ten Commandants and Eight Golden Rules Outlying Safety Tips in
interacting with others in society.
Part I concluded with the model
of The Five Rs of RELIEF. Using this model, the individual would
ideally become engaged in the process of “transformation” (i.e., unification of
thoughts and feelings) and be able to draw upon the following points of awareness:
·
Awareness #1
The ethnic minority individual must want to understand the physical makeup of the competition (i.e., standing at the starting line). The ethnic minority individual must want to understand that while he/she is lining up with the other runners, there may be the appearance of competition; however, in reality the other runners may also be collaborating together with the purpose to defeat him/her.
The ethnic minority individual must want to understand the physical makeup of the competition (i.e., standing at the starting line). The ethnic minority individual must want to understand that while he/she is lining up with the other runners, there may be the appearance of competition; however, in reality the other runners may also be collaborating together with the purpose to defeat him/her.
Among these
possible “participants” are the following: law enforcement, prosecutors, bail
bondsmen, corrections, and probation and parole officers. The “officials” (referees) regulating the
“appearance of fairness” of the race are the judiciary. In the “bleachers” are the fans. The fans include the members of society i.e. the
larger group.
However, the
playing field is also complicated by the fact that in this climate of gun
proliferation, fans can often assume the role of participants and officials,
which makes it even more difficult for the ethnic minority individual to find
his/her path. Thus, this reinforces the “want” of the ethnic minority
individual to change one’s strategy so he/she can “run the race smarter not
harder.”
Police
and prosecutors are often very competitive with each other. It is not unusual that they do not trust each
other. However, in order to perform in
their respective professions, they “need” (survival or the system fails) to
work together to win the race. The
“rules” are set in a way that forces the police and prosecutor to “depend”
(again, survival or the systems fails) on each other in order to achieve
success (arrest/conviction).
As
indicated earlier, the police are in the first “lane” because they are
responsible for making the arrest. The
prosecutor is in the second “lane” because they are responsible for filing
formal charges. It is important for the
ethnic minority individual to want to understand that the police, while they
can make the formal arrest by the rules (law), they cannot file the formal
charges.
The
same rule (law) applies for the prosecutors.
They can file the formal charges; they can also order or direct the
arrest, but they cannot institute the formal arrest. This action is left in the purview of the
police. Once again, both runners are by
the rules (law), dependent on each other and thus bound in what can be at times
described as a conflicted and hostile “marriage.”
However,
this is different in cases where other individual members of society are
involved. Where police and prosecutors
have defined roles and responsibilities that they are expected to operate
within, other members of society are not bound by those rules, and the police
and prosecutors only come into play after the altercation is done. It is incumbent upon the ethnic minority
individual to be aware of this, and to understand that because rights exist,
that does not mean that they will be respected without the threat of
prosecution.
·
Awareness #2
The ethnic
minority individual must want to understand that although he/she is impacted by
stereotypes created by the larger group
(society), the same applies to the sub-units that the larger group (society) has
given special privileges (authority, power and control) to enforce the law, as
well as other individuals that are also governed by these sub-units.
Consequently,
these internalized feelings (stereotypes) serve to impact those
relationships. Non-minority individuals
may believe that the police are not sufficient to provide protection, so they
form militias, or at the very least, arm themselves.
However,
as stated earlier, they are dependent on each other; therefore it is essential
that all the sub-units “respect” each other.
Trust is not a “commitment” of this marriage (conflict and
hostile). Trust can develop over time
depending on interactions created by individuals working together during the
experience of the “marriage”.
If
the relationship between two individuals of competing sub-units is good, then
trust between those two individuals is created.
This level of trust is never extended to anyone outside the relationship
of the two individuals.
·
Awareness #3
The ethnic
minority individual must want to understand and be aware of the lack of trust
between his competitors, and the lack of trust they have in him. The two competitors are aware that the nature
of their respective professions and responsibilities create a need that each
sub-unit respects the other in order to accomplish their respective goals,
regardless of how divergent those goals may be.
Strategy
#1- The Running of the Race
The
ethnic minority individual must want to focus on crossing the finish line
(completing the race). In doing so
he/she must want to drop the focus on winning, and even on fairness; again,
understanding that the rules and the other runners are set up to compete
against the ethnic minority individual.
Strategy
#2- Interactions & Relationships
The
ethnic minority individual must want to understand the interactions and
relationships among the competitors.
Therefore,
the ethnic minority individual must want to understand the difference phases of
“contact and interaction” with each runner in the race. It is essential for the ethnic minority
individual to remember the following three rules regarding non-serious and
serious encounters and the magic word(s) when feeling endangered or
uncomfortable:
1.
Rule
A - All encounters are potentially serious encounters.
2.
Rule
B - Magic Words #1: “I pose no danger to
you or to your family or possessions.”
3.
Rule
C- Magic Words #2: “I am going to remain silent. I want to speak to a lawyer.”
4.
Rule
D - Magic Words #3, “I do not consent to the search of my vehicle, home or
personal possessions.
personal possessions.
If
the ethnic minority individual is of minor age (has not achieved their 18th
birthday), the “magic words” slightly change to include the following:
1.
“I
am a minor. I am (state age and date of
birth). I want to have my parent or
guardian present before you ask me any questions.”
guardian present before you ask me any questions.”
2.
My
parent(s) name(s) is/are.
3.
My
parent’s phone number is.
4.
I
reside at (give residential address).
5.
I
attend (if appropriate) provide name of school.
6.
I
have nothing else to say until my parent or attorney is present.
Strategy
#3 Forms of Encounters With Police Officers
The
ethnic minority individual must want to understand AND identify the different
types of encounters one can experience when interacting with police officers
specifically.
1.
The
Conversational Encounter - This is when the police officer is attempting to get
information from the individual but doesn’t have enough evidence to make an
arrest. This encounter is also referred
to as the “casual encounter” or “friendly conversation”
2.
The
Detention Encounter - This is when the police officer can detain the individual
only if they have reasonable suspicion that the individual has been involved in
a crime. Detention means that although
the individual has not been arrested, he/she can’t leave.
3.
The
Arrest Encounter - This is when the police officer can make a formal arrest
having found probable cause that the individual has been involved in a crime.
4.
Remember,
it is the responsibility of the police officer to make the formal arrest. It is the responsibility of the second runner
(prosecutor) to file the formal charges.
5.
Once
arrested, the individual must be placed within the centralized computer
database and processed (booking-identified/fingerprinted).
6.
Once
arrested, the individual by law and police procedure cannot be “unarrested”.
7.
The
recording of the arrest, its filing within the National Crime Information
Center computer database (NCIC) AND remains “forever” (survives following death
of the individual) whether or not charges are filed by the secondary runner (prosecutor).
The
Ten Commandants of Safety for Ethnic Minority Individuals When Interacting With
the Police Officer “THOU SHALL OR SHALL NOT.”
1.
Always
be RESPECTFUL to the police officer.
2.
Never
be DISRESPECTFUL to the police officer.
3.
If
inclined to speak to the police officer always be HONEST.
4.
Never
provide FALSE information to the police officer.
5.
When
interacting with the police officer ALWAYS keep your hands in plain sight and
away from your body. NEVER initiate any
MOVEMENT without the police officer’s AWARENESS and CONSENT.
6.
When
riding in a vehicle and being followed by a patrol car, ASSUME that the police
officer is “running” (seeking to identify) your license plates through the
computerized database searching for warrants or any viable information
regarding the vehicle. ASSUME the police
officer is “searching” and “observing” for a reason to stop the vehicle.
7.
NEVER
consent to a search of your person, belongings, vehicle or residence by the
police officer.
8.
NEVER
resist the actions of the police officer should the police officer chose to
perform a search of your person, belongings, vehicle or residence.
9.
If
formally arrested or detained due to concerns for the “police officer’s
safety”, DO NOT RESIST. Follow the
instructions and directions of the police officer. DO NOT ANSWER ANY QUESTIONS WITHOUT BEING IN
THE PRESSENCE OF AN ATTORNEY.
10.
If
you are dissatisfied with how the incident was handled by the police officers
involved use your skills of observation, memory and details (date, time
place). DO NOT act in the following
manner: (REMEMBER, DO NOT) use profanity or make verbal or physical threats.
11.
DO
NOT threaten to have the police officer terminated or threats of contacting his
supervisor.
12.
DO
NOT request the police officer’s name or business card. Instead, QUIETLY observe the police officer’s
badge number and ID number located on the police vehicle.
13.
DO
NOT video or record in plain sight of the police officer.
14.
DO
NOT contact his direct supervisor.
INSTEAD, document the incident (date, time, place, persons involved,
police officers badge numbers and/or identification number of patrol vehicle)
and FILE A WRITTEN REPORT directly to the Internal Affairs Section of the
police department.
15.
Send
a copy of the report to the mayor’s office, your local representative (city,
county, State, federal) and the civil rights organization in the local or
regional area.
Concluding Remarks
There are two other sub-units that
are involved in the race (referees - the judiciary) and those individuals sitting
in the bleachers, i.e., fans (members of the larger group). Always
remember that the referees (judges) do not make the rules. The responsibility of the judiciary is to ensure
that those involved, the “playing field” is level and all runners abide by the
“rules” of the race.
The fans, the larger group, simply want to see a good
race. The fans are the audience. They want to see the race being run without
any impact or, if any, the objective for the police is to have minimal influence
in their daily lives. However, as we
have seen in recent months, fans have often taken matters into their own hands
when they feel that the police have not done their best in protecting
them. It is this fear and
dissatisfaction that can be taken out on the ethnic minority individual who is
not aware.
The fans will yell “foul” only
when they observe a “flagrant violation (actual video recordings of a helpless
Rodney King being hit and repeatedly beaten LAPD officers) or when they are
pressed the fear button (i.e., the riots of Los Angeles following the jury
verdict of acquittal for the police officers involved in the brutal attack of
Rodney King). Otherwise the fans prefer
not to know how the police used the rights (authority, power, control) granted
to them to enforce the “rule of law.”
It is essential that the ethnic
minority individual understand and come to accept that he/she is in the race
alone competing with other runners who, although may not trust each other, clearly
understand that they must work together in order to be successful in
“controlling and managing” the identified individual (the ethnic minority
individual).
·
Eight
Psychological Golden Rules for the Ethnic Minority Individual When Interacting
With the Police:
1.
Respect
the police officer. Respect his/her
profession. Respect his/her designated
privileges of authority, power and control.
Never Blindly Trust the police officer.
Trust is earned, not given away.
Remain “COOL, CALM, COLLECTIVE and CALCULATIVE” of thoughts and emotions
during the interaction.
2.
Be
friendly and remember you are not there in the interaction to create new and
meaningful relationships. Once the
interaction is over, it is over. Move
forward and return to your “normal” (hopefully, non-traumatized) life.
3.
Remember
the police officer may be functioning off a set of stereotypes or misbeliefs
that have nothing to do with you, as much as it hurts …. just remember your
complexion may not rate the protection.
4.
Remember
to work at not internalizing the interaction with the police officer. Internalizing the interaction may only serve
to further the traumatization you may be experiencing. This in turn will only serve to be destructive
on one’s physical and emotional health.
5.
Remember
that due to a combination of various factors (i.e., complexion, ethnicity and
gender); there will be without doubt many more such interactions that will
occur in the lifespan of the ethnic minority individual.
6.
Remember
your objectives (which are the same for the police officer).
a.
Safe
stop.
b.
Keep
the interaction professional and short as possible.
c.
Come
home to your loved ones alive and unhurt.
d.
Gain the ability to wake up, live life and
enjoy another day.
7.
Never,
ever (ever!!) run from the police officer.
This behavior may place you at risk of physical injury or death.
8.
And
keep at the forefront the MAGIC WORDS
a.
Magic
Words #1 - “I am going to remain silent.
I want to speak to a lawyer.”
b.
Magic
Words #2 - “I do not consent to the search.”
In Chinese astrology and
numerology the number 8 is the symbol of prosperity. “May your path be long and prosperous. May you live in interesting times and enjoy
your own personal Journey of Self Discovery”.
Dr.
Micheal Kane
NOTE: PLEASE READ
Please note that this writer is
not an attorney. The advice given is a
result of combination of clinical experience, research and daily living. For legal advice, it is strongly suggested
that the reader consult with an attorney.
An attorney can be identified in the local State bar association
“We
have entered an age in which education is not just a luxury permitting some men
an advantage over others. It has become
a necessity without which a person is defenseless in this complex, industrialized
society. We have truly entered the
century of the educated man.”
Lyndon
B. Johnson
37th
President of the United States
Until the next
crossroads - The journey continues