November 21, 2006 Archives

Tue Nov 21 03:06:32 CST 2006

nor cruel and unusual punishments inflicted

UCLA campus police tasered a non-violent student as many as five times in a campus building because he refused to produce a student ID. I think that much is clear from this cam phone video. I know the video is disturbing because the guy is repeatedly screaming out in pain, but make sure you watch the last 20 seconds where a cop threatens to Taser one of the many other students who were so disturbed that they were challenging what the cops were doing.

So this guy, Mostafa Tabatabainejad (born in the U.S., of Iranian stock) thought he was being singled out to produce an ID. Maybe he's overly sensitive, or maybe he was right -- this is immaterial.

What's important is that the UCLA campus police shocked him five times because he wouldn't stand up. Some witnesses have said he was leaving when the UCLA cops grabbed him, and that's when he fell to the floor and refused to move. In otherwords, if the cops had just let him walk out, there would have been no passive resistance, and therefore, no need to shock the guy. Five times... Or more... When he was on the floor, screaming.

Because of abuse of "proto-Americans" by the British military, our Constitution used to guarantee U.S. citizens a "speedy and public trial, by an impartial jury," and prohibit "excessive" bail and fines, as well as "cruel and unusual punishments." And made it clear that we were to be "secure in [our] persons, houses, papers, and effects against unreasonable searches and seizures."

I could type out the entire Bill of Rights, and list out hundreds of ways we've allowed it to be violated by our current government, but what would be the point? If Americans were brave enough to live up to the minimum standards set in ink by the men who risked their lives in signing that document when they founded this country, we wouldn't be where we are today: cowering behind the bullies who say they are protecting us, while, in fact, they are enjoying and abusing the powers we have given them. The powers to torture a man lying on the ground because he doesn't have "I.D." and then to threaten anyone who would question that abuse.

I can't really figure out how to fix such a fucked up situation. If i were the judge in the lawsuit this poor student will inevitably bring against UCLA, i'd say he should get to shock the people who shocked -- or helped shock -- him, as many times as Mustafa was shocked... and in front of plenty of spectators. Let's hear what the tough guys scream when they know they're going to be shocked, for the fifth time.

And i'd order UCLA to hand over 50% of its endowment to the ACLU. How else will they and the rest of the abusers learn?

But how does one give the current U.S. populace the courage, heart, and wisdom of the people who threw out the British and signed the U.S. constitution?

After watching this video, i decided to see under what circumstances the Austin Police Department can use Tasers. I have often heard that Tasers give cops an alternative to shooting someone. That Tasers disable someone and probably don't cause any serious effects to the victim's health, though that's disputed... Seemed like a good idea, though: giving cops an alternative to blowing someone away.

And then i watched the aforementioned video, which is at least an audio account of cops torturing a passive resistor because he won't stand up. This is what Americans watched on TV in the 1960s as Mississippi cops who beat down fellow-American passive resistors with firehoses, dogs, and nightsticks. Cops who were beating down non-violent men and women that were protesting the unequal, unfair, and illegal treatment Blacks received in the South. People who were non-violently struggling for the right of Black people to vote, and go to the same schools as Whites. To sit at the same diner counter, in the same movie theater, and in the same bus seats as whites. To drink from the same water fountains.

The UCLA cops could have easily handcuffed Mostafa (especially after he was shocked the first time and at least temporarily unable to move) and taken him out of the building. And why wouldn't they? If he was a threat to them or anyone else they are derelict in their duties in NOT cuffing him and dragged him out of the building. But they didn't. The only reason i can think of is that they were enjoying it. They were enjoying shocking this PASSIVE Middle-Eastern-looking, unarmed, non-violent, smart guy, otherwise they would have stopped and cuffed him. I'm sure there are good cops out there, but these guys are not them. They're bullies hiding behind badges.

So my googling "austin taser laws" yielded a U.S. Government report about how Austin is one of four Police departments that allows an officer to use a Taser in a situation that is NOT harmful. According to the report, an APD officer can use a taser if he feels the situation is "volatile."

But according to that report, there is only one government law enforcement agency in the U.S. that authorizes the use of Tasers even in situations that have no potential for violence: Orange County. In Orange County, officers can Taser anyone who refuses the order of an officer, even if that person is not a threat to anyone. Even if he or she is lying on the floor, passive. It's probably not lethal force, but could any of these officers have known whether this 23 year-old Philosophy student had a heart condition that would have been "revealed" by the repeated Tasering?

Interesting that UCLA is in Los Angeles county, just next-door to conservative, Taser-happy, Orange county. I guess we're getting a little glimpse of what it's like to be a "suspect" (I.e. Black man) in Orange Country. The words "fair game" come to mind.

A lot of people think some sort of balance has been restored now that Congress is barely controlled by the Democrats, as a balance to the idiot, sneering, good-for-nothing, FratBoy-in-Chief, George the II. But clearly, we have much, much, farther to go and many, many more mistakes to correct before we can feel secure in the Civil Liberties we once took for granted.


Posted by johan | Permanent Link