Video cameras won’t solve the #EricGarner situation, but they will help
As many thoughtful people have pointed out already, Eric Garner’s case proves that video evidence is not a magic bullet to combat and punish undue police brutality. The Grand Jury deemed such evidence insufficient for an indictment, even if the average person watching the video cannot understand that point of view.
Even so, it would be a mistake to dismiss video cameras on police as entirely a bad idea. We shouldn’t assume no progress could be made simply because there’s an example which lets us down. I am no data evangelist, but neither am I someone who dismisses data. It can be powerful and we should use its power when we can.
And before I try to make the general case for video cameras on cops, let me make one other point. The Eric Garner video has already made progress in one arena, namely public opinion. Without the video, we wouldn’t be seeing nationwide marches protesting the outrageous police conduct.
A few of my data nerd thoughts:
- If cops were required to wear cameras, we’d have more data. We should think of that as building evidence, with the potential to use it to sway grand juries, criminal juries, judges, or public opinion.
- One thing I said time after time to my students this summer at the data journalism program I directed is the following: a number by itself is usually meaningless. What we need is to compare that number to a baseline. The baseline could be the average number for a population, or the median, or some range of 5th to 95th percentiles, or how it’s changed over time, or whatnot. But in order to gauge any baseline you need data.
- So in the case of police videotapes, we’d need to see how cops usually handle a situation, or how cops from other precincts handle similar situations, or the extremes of procedures in such situations, or how police have changed their procedures over time. And if we think the entire approach is heavy handed, we can also compare the data to the police manual, or to other countries, or what have you. More data is better for understanding aggregate approaches, and aggregate understanding makes it easier to fit a given situation into context.
- Finally, the cameras might also change their behavior when they are policing, knowing they are being taped. That’s believable but we shouldn’t depend on it.
- And also, we have to be super careful about how we use video evidence, and make sure it isn’t incredibly biased due to careful and unfair selectivity by the police. So, some cops are getting in trouble for turning off their cameras at critical moments, or not turning them on ever.
Let’s take a step back and think about how large-scale data collection and mining works, for example in online advertising. A marketer collects a bunch of data. And knowing a lot about one person doesn’t necessarily help them, but if they know a lot about most people, it statistically speaking does help them sell stuff. A given person might not be in the mood to buy, or might be broke, but if you dangle desirable good in front of a whole slew of people, you make sales. It’s a statistical play which, generally speaking, works.
In this case, we are the marketer, and the police are the customers. We want a lot of information about how they do their job so when the time comes we have some sense of “normal police behavior” and something to compare a given incident to or a given cop to. We want to see how they do or don’t try to negotiate peace, and with whom. We want to see the many examples of good and great policing as well as the few examples of terrible, escalating policing.
Taking another step back, if the above analogy seems weird, there’s a reason for that. In general data is being collected on the powerless, on the consumers, on the citizens, or the job applicants, and we should be pushing for more and better data to be collected instead on the powerful, on the police, on the corporations, and on the politicians. There’s a reason there is a burgeoning privacy industry for rich and powerful people.
For example, we want to know how many people have been killed by the police, but even a statistic that important is incredibly hard to come by (see this and this for more on that issue). However, it’s never been easier for the police to collect data on us and act on suspicions of troublemakers, however that is defined.
Another example – possibly the most extreme example of all – comes this very week from the reports on the CIA and torture. That is data and evidence we should have gotten much earlier, and as the New York Times demands, we should be able to watch videos of waterboarding and decide for ourselves whether it constitutes torture.
So yes, let’s have video cameras on every cop. It is not a panacea, and we should not expect it to solve our problems over night. In fact video evidence, by itself, will not solve any problem. We should think it as a mere evidence collecting device, and use it in the public discussion of how the most powerful among us treat the least powerful. But more evidence is better.
Finally, there’s the very real question of who will have access to the video footage, and whether the public will be allowed to see it at all. It’s a tough question, which will take a while to sort out (FOIL requests!), but until then, everyone should know that it is perfectly legal to videotape police in every place in this country. So go ahead and make a video with your camera when you suspect weird behavior.