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We need an NTSB for police-involved killings
1,127 people were killed by police in America last year. Every one of these cases, no matter how justified it may seem, should be investigated by an independent, Federal-level fact-finding body, modeled on the NTSB. Not to punish, but to find and address root causes. 1,127 is just too many.
■ Some of those killings, obviously, were themselves entirely unjust and criminal. It is right and proper that those involved be prosecuted under the law. In other cases, police had entirely reasonable needs to defend themselves or others using lethal force.
■ The point of investigating every single incident -- independently, at the arm's length provided by a Federal agency rather than local authorities -- is to dispassionately ascertain which incidents could have been avoided and why they were not. Just as the NTSB investigates serious transportation accidents for the purpose of honestly and transparently finding the root causes and recommending remedies, so should a similar agency do the very same things with incidents in which people die due to the actions of police.
■ Every occupation has a share of miscreants and bad actors. One of the marks of a profession is that it establishes and enforces internal codes to root out the bad and expel them. Professions of all sorts are distinct from other occupations in that their practitioners forfeit some of the benefits they might be able to obtain from their work in exchange for some degree of legal protection and social esteem.
■ In the case of law enforcement, internal safeguards are not enough. The public gives the state a monopoly on violence, which is uniquely powerful and thus ultimately requires unique safeguards. Among those safeguards is the right to a clear and unambiguous depiction of exactly what happened when force is used.
■ What made Minneapolis Police Chief Medaria Arradondo's testimony against Derek Chauvin so historic is that, in effect, it pierced the "blue wall of silence". He deserves credit for his testimony: Confidence in police (and, consequently, their legitimacy) is enhanced by those who turn their backs on bad actors within their own ranks.
■ However, the fact alone that such a wall is known to exist is exactly why civilian oversight is essential: The monopoly on force is only legitimate if it is supervised and controlled by those to whom it belongs -- the public. It is fundamentally a matter of consent -- enshrined by the Declaration of Independence as something granted only by the governed.
■ In Federalist 51, Publius (either Hamilton or Madison) wrote, "Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit." The law should and really must be the tool by which the use of lethal force is properly controlled. But honest accounting is necessary, too.
■ After-action reviews aid the armed forces, medicine, and many other fields, and they are essential where force is involved. The NTSB proves how much value comes from separating the act of punishment from the act of objectively determining the facts. It is high time to make the tiny investment necessary to bring an objective, NTSB-style agency to policing as well. 1,127 is too many.