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William Easterly

William Easterly

Posted: July 27, 2009 12:41 PM

The Skip Gates Arrest May Not Have Been About Race -- But About Something Even Worse


Is there a non-racial explanation for why the Cambridge MA police department would arrest Skip Gates for breaking into his own home, and then continue to insist after a huge outcry that they did the right thing?

My guess is that Sergeant James Crowley was following an inflexible rule that you arrest anyone who shouts angrily at a cop. This may be a good general rule to identify dangerous persons, and having many such rules allows the department to cope with an enormous policing task with limited staff. The support that Sergeant Crowley attracted from other policeman elsewhere may reflect their sympathy with such rules (although the New York Times found wide variations in the extent to which this particular rule is followed).

All organizations have rules for their staff, whose purposes is saving on costs and staff time by prescribing routine responses to different situations. McDonalds makes a ton of money by having rules that can be implemented on a large scale by a relatively small and unskilled staff. As usual in economics, however, there are tradeoffs. Robotic rules may lead to stupid outcomes, outraging and driving away the customers.

I once had a customer service person insist that I could not return a bookcase because I had already opened the box. She admitted I had a valid reason for returning it -- that it was missing a crucial set of screws -- which I could only have discovered by opening the box. But no amount of argument could make her depart from the rule against open box returns. (After further persistence, I eventually got the company to give me the missing screws.)

So organizations choose rule policies that find the sweet spot trading off lower costs of inflexible rules against possibly even higher costs of outraging the customers with stupid outcomes. For private firms, the sweet spot is determined by supply and demand -- consumers may be willing to put up with a small amount of stupid outcomes from rules that get them a cheaper product. So a rule is not automatically bad because it leads on a few occasions to a stupid result.

Obviously, the police rule in Gates' case led to a stupid outcome. The question is what is the sweet spot for police departments? The key problem is that public bureaucracies don't respond directly to customer demand in finding their sweet spot, it's politically determined. Since many of the suspect "customers" are poor or powerless, police departments likely choose to err on the side of sticking to the rules and putting up with the outraged suspects. And of course, blacks have historically been even more vulnerable to police abuse because of their lack of equal political rights and voice.

All of which suggests something more damning than stupid behavior by one policeman -- it looks like the Cambridge, Massachusetts police department has chosen a sweet spot easy on its own officers and hard on citizens -- and perhaps even more so when the citizens are black. The real problem here is that the Cambridge Police (and many other government bureaucracies) do not feel themselves to be as accountable to the citizens as they must be in a democratic society.

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04:27 PM on 07/28/2009
Those police officers were wrong - you know it and I know it, so, stop defending them. They were WRONG!
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vsign
05:09 PM on 07/28/2009
Colin Powell does not think the police officers were wrong. He said Professor Gates should have come out on the porch when asked by the officer to do so. After refusing the officer and shouting racial accusations at the officer instead, his behavior appeared downright suspicious. Was the other man holding Professor Gates back?

The President had to admit after he got more information that Officer Crowley is an outstanding officer and good man. We all need to accept that now. We don't want racial divisions, do we?
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vsign
05:42 PM on 07/28/2009
Nearly all Americans like the fact that we are a country of many colors of citizens - we like our color tv.

We need to show the world we are happy being of many colors and races. No other country has as much diversity, do they?

It makes us special. Now let's show them our colors.
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06:35 PM on 07/28/2009
People keep alluding to this "other man". Would you elaborate on that?
I don't see the relevance of Professor Gates' "suspicious behavior." His arrest was not related to the alleged break-in; there was no longer any suspicion of such criminal activity. By then Sgt. Crowley knew who Professor Gates was, and that he was in his own home.
I disagree with Colin Powell, and believe it is prudent to remain inside your own home until you know more about why police officers are present and what their intentions are. Police officers, even outstanding officers and good men, make mistakes with irrevocable consequences.
04:13 PM on 07/28/2009
I think the author has summed it up.
The only option is to cow tow or go to jail.
They care less about the fact you got locked out and have to fix a door and then follow orders after proving you own the place. It is about who is boss. Keep the cars comming because a 150 lb old man on a cane is giving me lip.
In Texas Gates would have been tazered and gone to jail in an ambulance.
04:00 PM on 07/28/2009
Discretion -- 2: ability to make responsible decisions
3 a: individual choice or judgment b: power of free decision or latitude of choice within certain legal bounds
4: the result of separating or distinguishing

Automaton -- 1: a mechanism that is relatively self-operating ; especially : robot
2: a machine or control mechanism designed to follow automatically a predetermined sequence of operations or respond to encoded instructions
3: an individual who acts in a mechanical fashion

All definitions from http://www.merriam-webster.com
03:15 PM on 07/28/2009
There's an interesting article written by Terrance Heath entitled, "Back to Black Men 101." Be forewarned: it contains very graphic photos which have been incorporated into a slide show.

Can be found if you type in the following link:
http://www.huffingtonpost.com/terrance-heath/back-to-black-man-101_b_24608.html
02:32 PM on 07/28/2009
That bothered me alot as well, that the arrest was about Gate's verbal pushback. I remember 40 years ago my dad was beaten up by a cop (aided by other cops who had been called as backup..for no good reason). The scenario: the cop told my father he was a stupid ass, so my dad answered : I'm not a stupid ass, you're a stupid ass. Cop (and his 'assistants' ) made mincemeat ot my dad's face. Needless to say, Dad got no satisfaction - that was 40 years ago. My daughter, only last year in Queens NYC, was accosted by an unmarked van of cops; she asked for ID and they pinned her against the van for the 'perceived' insult to their authority.

Cops can be brave and honorable (but sometimes they're NOT); and the ones who band together behind them, in defense of those rotten apples (just because they're in the same profession) are worse than the bullies because they are cowardly cops.
03:07 PM on 07/28/2009
My brother has been beaten down several times by police in the drunk tank so I definately see where your coming from.
On the whole, this officer didn't assault Professor Gates nor is there really any indication that he initiated the confrontation (unless you consider doing his job instigating, apperantly some people do). He should not have arrested Professor Gates for dis-orederly conduct because he fealt insulted.
Professor Gates played a very large role in the altercation as well. Let's be fair, Officer Crowley (whom we don't know to be a racist) is also a citizen of this country and no matter his profession or training should not have to endure unwarranted racial slandering, and various insults for fulfilling his duty as a public servant. A lot of things that cops do piss us off. Myself included. I can't even watch an episode of cops on T.V. because I get too P.O'd at some of the cops attitudes. Having said that the police are a necessary part of our society. Working to pass legislation to prohibit police abuse of authority and or working to remove petty catch-all charges like dis-orderly conduct are all viable avenues that we as americans can and should pursue. Antagonizing a cop while he is on duty is not how you fix these things.
Let's not judge every situation involving a cop out of our own personal bias, as it seems clear in this case that Professor Gates did just that.
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RickCoMatic
End WAR Spending! Rebuild AMERICA!
02:26 PM on 07/28/2009
Despite the legions of Police Officers who will don Full Dress Uniforms and stand behind Sgt. James Crowley for arresting Skip Gates; their support is for a Cop who "Went by the book". Not actually for "Doing the right thing."

Skip Gates was irate because he had to break-in to his own house and someone saw fit to call the Cops on him.
I would have been plenty upset, too.

But, when Gates produced his identification, showing that he was in his home, ... The Constitution trumps the Cambridge P.D. Procedures and entitles Gates to be as crazy, disorderly and obnoxious as he might might want to be, or get, under the circumstances as they were.

When a Veteran, starched and pressed, Sergeant with any degree of swagger encounters an angry and irate individual, ... the outcome is always the same.
The Sergeant will go by the book.
No matter what it says in the book.
Just as long as he knows its in the book and he can do it.
Case dismissed!
03:14 PM on 07/28/2009
Your statement makes a glaringly false assumption. You say that someone saw skip Gates breaking into his own home and saw fit to call the police.
The woman who phoned the police did not know who was breaking into the house.
This is a very important distinction because it seriously changes the nature of what was really going on. Your trying to build some case for "let's all get the black man" and it's not supported. Just as you jumped to the conclusion that the woman knew he was breaking into his own home, maybe Professor Gates jumped to the conclusion that the police were there to harras him. Jumping to conclusions is how this whole thing blew up.
03:53 PM on 07/28/2009
Gates was wrong to suggest racism was ayone's motivating factor. Gates was rude & a jerk. However, arresting a man in his own home because you are unable to properly perform your job (keep the peace) demonstrates an unfitness for the job. Officer Krupkie should be sent to the showers.
02:16 PM on 07/28/2009
Sorry, Mr Easterly, but what makes this arrest egregious in ther first and only place, is the fact Professor Gates is not just Black, but an educated Black gay man, as well.

When the Professor let loose his fury over the officer's continued inability to leave his home after ID had been procured, the officer reacted to the proposed hysteria of an indignant gay man, and acted stupidly and immaturely in a flagrant abuse of power, albeit from a little man posing as an authority on racial profiling.

I beleive this is why Profesor Gates would prefer the matter drop quietly, rather than have this knowledge leak out, that might damage his reputation. Why give in to such brutality? Why forego honor for anonymity?

We might begin to stand up for the truth, rather than run from difficult situations, simply because they are difficult.

I suggest Officer Crowley receive some much needed sensitivity training, let go of his personal baggage, and try to think of a better reason to become a cop than work out his own personal issues from his past on someone else.

I support Professor Gates completely.

And will continue to do so.
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JimR
03:32 PM on 07/28/2009
Gates is gay? I thought he was married.
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JimR
03:32 PM on 07/28/2009
Just to clarify, as he lives in Massachusetts, I thought Professor Gates was married to a woman.
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MelRoy
I think, therefore...here I am
05:06 PM on 07/28/2009
He is or was - and has two adult daughters.
01:55 PM on 07/28/2009
Enough already!!!! I think a lot of folks besides the writer have lost screws.
It is amazing that the most vocal folks on this subject are people who don't know what happened.
Except what they read in the papers and hear on blogs written by folks who weren't there and don't know. Except what they read in the papers...... etc..... See where this goes?? Quit it...
02:30 PM on 07/28/2009
and you were there????
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MelRoy
I think, therefore...here I am
05:13 PM on 07/28/2009
I'm posting about basic principles and what is in evidence. I have speculated that it MIGHT have been a case of Dr Gates threatening to go over Sgt Crowley's head and get him into trouble, because both principals have said this happened, and that Sgt Crowley was afraid of that. Who knows, maybe for a brief moment when he was paying attention he saw those pictures of the Doc with Oprah Winfrey, Nelson Mandela and Barack Obama on the walls of the foyer and said, "uh-oh..."? Think about it. Cop with an exemplary record who has three kids to feed and makes money on the side teaching race relations to cops called a racist by a Harvard professor whose stock in trade is African-American Studies. That's a career killer, and a strong motivator.

But speculation as to motive or what either man "felt" is fruitless. You either believe what one has said or the other. There is no evidence and there will be no evidence, only testimony. But there is evidence of egregious abuse of power when it comes to the actual arrest. The police will say they have wide discretion on DC. But the law says otherwise.
JNarragansett
Check your premises
01:33 PM on 07/28/2009
A judge I worked for once explained this same inflexible rule to a defendant in a different way. "In an argument on the street between a citizen and a police officer, the police officer will always win. The citizen may end up being proven right in the end, but he/she will lose that first fight." (Incidentally, that case was similar though not the same as current events because instead of showing his ID, the defendant showed a key that was necessary to get into the locked apartment building. The cops forced him to let them into his apartment where they found an ounce of marijuana. I was talking to the judge's clerk and he made a comment along the lines of "this was a questionable search by the police at best and I think we have better things to do around here then bust people for smoking pot.")
11:58 AM on 07/28/2009
I have said the same thing as Bill Mahar (big fan by the way) from the begining. The only difference is that Bill Mahar assigns no blame on Professor Gates where I do.
Yes Officer Crowley was on duty and has a responsibility to conduct himself in a fair and professional manner at all times. This includes dealing with upset or irate citizens.
Where I differ from Bill Mahar and most of the posters on this issue is that as a grown man, and responsible citizen, Professor Gates also has a responsibility to behave in a reasonable fasion. I am not willing to look at Professor Gates as if he is a child. When children throw temper tantrums and call names and in general behave inapropriately we understand that they are children and have not fully matured. If I treat with Professor Gates or any other African American as I would a child it is dis-respectful. Even if I do so out of the intention of fostering racial amnesty.
If Professor Gates conducts himself in a mature and orderly mannor and is arrested then I am on his or any person's side in that situation. That is not the case in this instance.
The officer was not asking Professor Gates to kiss his butt as Mahar has stated. The officer in this case was simply doing his job, but made the mistake of being white while he did it.
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steamboat
01:06 PM on 07/28/2009
Yes, being a white man in 2009 makes you automatically the bad guy......But having said that, Crowley should have realized what he was getting into. I'm not excusing Gates, but thats a fact. Police work is not meant to be fun.

Ok, but I also have something to say to the other-side, the Gates fans........I feel Gates MUST file a civil suit. NO EXCUSES, please . HE HAS TOO.....If he's Mr. Innocent, then he needs to take action for being violated. I know I WOULD if it was me.........So if he does this,"lets forget this", "let bygones be bygone", then I will have to call him a phony. Because if I was violated, I darn well want my day-in court and reparations. If he doesn't, then most Americans have a right to say, "whats he hiding", "what doesn't he want known", "hmm, why the back-tracking", etc., etc. .....Whats that old saying, "if your gonna talk the talk, you gotta walk the walk.".....A Civil trial will bring EVERYTHING out into the open. The FACTS ! ....Gates has too.
02:18 PM on 07/28/2009
I agree.
02:33 PM on 07/28/2009
HULLOOOO... read the laws of MASS... Mr Gates was NOT out of line according to the LAW
skmbho
A blue bird in a red state
11:10 AM on 07/28/2009
Bill Maher hit the nail on the head. This situation was less about racism than about the police officer's ego. There is no doubt that it is difficult to be a police officer, as it is hard to be a nurse, a waitress,server, or anyone else who is required to deal with the public in a polite way. Over the past 20 years we have seen more and more examples of police officers reacting simply because they are being disrespected by the person they are encountering. I do not doubt that racial profiling exists, but the situation where the police officer tasered the 70 year old woman because she talked back to him and refused to lie on the ground. The police management owe it to the public to remember who they work for. It is a dangerous world and they have to deal with crazy impossible people, but at the end of the day, they must be judicious and take the high road even when it is difficult to get there.
11:48 AM on 07/28/2009
'There is no doubt that it is difficult to be a police officer, as it is hard to be a nurse, a waitress,server, or anyone else who is required to deal with the public in a polite way."

For the most part nurses, waitresses, and others required to deal with the public don't have to deal with the potential of getting shot on the job. While policemen should try to be polite it needn't be high on their priority list.
12:10 PM on 07/28/2009
Good observation. I would add that as citizens are we not expected to bahave in a reasonable and mannerly fasion? Should Professor Gates, or you, or me be allowed to conduct ourselves in the most petty, abusive, and beligerant way and then blame police officers when we finally provoke a response from someone we knew to be human from the outset?
We can can talk about an officer's responsibilities all day. What about ours? I have bad days just like Professor Gates and everyone else, I don't go around taking it out on other people though.
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01:49 PM on 07/28/2009
You think being polite shouldn't be high on a police officer's priority list? What kind of outcome do you expect from that?
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TXfemmom
Grandma with eye on the future
10:21 AM on 07/28/2009
At first, I thought that both of them just left things get out of control. However, since we now know that Crowley wrote two falsehoods on his report saying that the 0911 call reported it was two African-American males, which it did not, and that he spoke with the reporting caller at the scene and she verified that two African-Americans with backpacks were involved, which she did not, then it makes one wonder if anything the police have said is the truth.
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HairFarmer
10:00 AM on 07/28/2009
I agree it had nothing to do w/ race... I had the same thing happen to me and was arressted for Resisting arrest (which in CA carries a 1 yr penalty ...thats right a 1 yr jail term for a 1st offense for resisting arrest WTF) and I am not a minority.... I was aressted for basically telling the cops what I thought of him harrasing me next thing ya know I get to reside at the county for 5 months WTF it basically ruined me finacially and there were no witnesses and I am not a Professor @ a Local private university... Its BS and It was stupid of the CPD
09:57 AM on 07/28/2009
Yeah William, your "guess" about Crowley, like all the other articles about this subject on the Huffo, are wrong. Gates acted like an immature child throwing a tantrum towards an officer that was potentially trying to protect his property. Is this what we really want to teach our children, disrespecting an officer of the law when he's coming to help? When the audio comes out on this, we will all see who acted like an idiot and who didn't. 90% chance Gates blew a gasket because he thinks like a liberal elite.
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vsign
10:08 AM on 07/28/2009
That is what I am waiting for - the tapes taken from the scene (see arrest photo of Gates on porch and the officer with what looks like a recorder) - and witness statements from the scene.

Gates is such an elitist (from my observation of his behavior) that he really believed he was above having to answer questions from a lowly police officer who was so below him in class.

Gates then continued to appeal to the public through his blog (the root) claiming racial profiling and abuse. He called on the President to back him up. After all "do you know who I am?!".

The President needs to throw him under the bus. And they told us it didn't matter who his friends were.
10:26 AM on 07/28/2009
You might be right True Blue. He probably did act like a child. It was his home. It was his property. Do we or do we not have the right as Americans to act out as we wish on our own property within the context of the law? Oh yeah, there are a couple rulings that allow people to act this way in massachussetts....."In several cases, the courts in Massachusetts have considered whether a person is guilty of disorderly conduct for verbally abusing a police officer. In Commonwealth v. Lopiano, a 2004 decision, an appeals court held it was not disorderly conduct for a person who angrily yelled at an officer that his civil rights were being violated. In Commonwealth v. Mallahan, a decision rendered last year, an appeals court held that a person who launched into an angry, profanity-laced tirade against a police officer in front of spectators could not be convicted of disorderly conduct.
So Massachusetts law clearly provides that Gates did not commit disorderly conduct." Posted from this site.

So I ask of you what was the bigger problem? The fact he was acting like a tool on his own property, or the fact that he was arrested by a police officer who has thin skin? According to Mass. court rulings....I would say the later.
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amoment
09:50 AM on 07/28/2009
I heard a guy on NPR, yesterday, say that he doesn't mind racism. That what he cares about is discrimination. To me, that means that people can use the 'N' word at their dinner tables, they can send emails with pictures of watermellons on the white house lawn, they can hate us... just don't give us a higher interest rate or pull us over because of the color of our skin,
11:57 AM on 07/28/2009
You should know wh o your en em ies are. I want equal protection under the law.