Been lots of media about the use of pepper spray by the campus police at U. C. Davis. I’ve seen videos taken by folks right there.
One shows that the protesters were warned by the police that they’d use force if they didn’t move. A quote heard is that if they didn’t move “you are going to be subject to the use of force.”
Another shows a police officer calmly dispersing pepper spray onto the faces of those sitting quietly on the ground.
And there are others. The question to me is whether the use of pepper spray was a proper use of force against these protesters. One clue could come from the New York City’s protocol for its police:
“Patrol Guide 212-95
The NYPD’s Patrol Guide Procedure Number 212-95 governs the circumstances in which pepper spray can be used and the proper procedure for using the spray.5 The purpose of Patrol Guide 212-95 is “to inform uniformed members of the service of circumstances under which pepper spray may be intentionally discharged and to record instances where pepper spray has been discharged, intentionally or accidentally.”
Patrol Guide 212-95 lists five situations in which an officer may use pepper spray. Pepper spray may be used when a police officer “reasonably believes” that it is necessary to: 1) protect himself, or another from unlawful use of force (e.g., assault); 2) effect an arrest, or establish physical control of a subject resisting arrest; 3) establish physical control of a subject attempting to flee from arrest or custody; 4) establish physical control of an emotionally disturbed person (EDP); and 5) control a dangerous animal by deterring an attack, to prevent injury to persons or animals present. The Patrol Guide states that officers should aim and discharge pepper spray into a subject’s eyes, nose, and/or mouth in two short one-second bursts at a minimum of three feet for maximum effectiveness.
The Patrol Guide prohibits the use of pepper spray against subjects who passively resist (e.g., going limp, offering no active physical resistance). It further cautions that if possible, pepper spray should not be used against persons who appear to be in frail health, young children, women believed to be pregnant, or persons with known respiratory conditions.”
For those who think the use of pepper spray at U. C. Davis is a proper use of force, please remember that the police of another era thought the use of German Shepherds was a proper use of force against non-violent, chanting people in the civil rights era. Looking back, most Americans believe that using vicious techniques against passive, non-violent people was unwarranted, cruel, and should be punished.
Then there are the candidates in the 2012 election sweepstakes who advocate the use of water boarding on the grounds that “we got useful intelligence” (even when the intelligence professionals say we didn’t). I guess it’s not torture if we get results from its use. I guess it’s not excessive use of force if we get those sitting demonstrators to move by spraying them with noxious chemicals. Well, they were locking their arms together, right? Sounds pretty threatening to me.
If we’re going down this road, I suspect water cannons and rubber bullets and buckshot can’t be far behind.
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