Bob Franken: The rules of the rule of law

  • By Bob Franken
  • Saturday, August 23, 2014 3:28pm
  • Opinion

Let’s face it: We have a law-enforcement problem in this country. Far too often, the people who are supposed to protect us from the bad guys ARE the bad guys. Thanks to the widespread use of video devices, or perhaps because of them, we have witnessed a rash of violent encounters: one of New York City’s finest on July 17 used a banned chokehold on Eric Garner, whose main crime seemed to be that he was arguing that the cops were hassling him.

Earlier in the same month, a California Highway Patrol officer was taped repeatedly punching a homeless woman he had thrown to the ground after she was spotted by him walking on a roadway.

And of course, we have the situation in Ferguson, Missouri. Law-enforcement forces, seemingly on a rampage at times, have been charged with overreacting to a few troublemakers while grossly mismanaging the protests of the Aug. 9 shooting of Michael Brown, who was black, by white Ferguson policeman Darren Wilson. In the aftermath, their efforts to contain the spreading violence, which they arguably share the blame for inciting with their heavy-handed tactics, have included arrests of journalists covering the mess.

What is most tragic about these incidents is that they seem to have become routine. We are constantly being exposed to images or reports of abuse by those who are supposed to protect us — all of us — without regard to race or economic status. Statistics show, however, that a wildly disproportionate share of arrests, traffic stops and searches are conducted against minorities. That is totally unacceptable in a country that promises equal justice.

It is also an embarrassment on the world stage. The New York Times recently compiled a catalog of criticisms from officials in Iran, Egypt and Russia, who charge that U.S. complaints about their human-rights deficiencies amount to sanctimonious hypocrisy.

It’s important to note that the vast majority of policemen and -women are dedicated to enforcing the law in a fair and compassionate way. They endure low pay and tremendous hassles, and face constant danger to make sure we enjoy a safe and orderly society. Sad to say, their superhuman efforts are sullied by a small number of uniformed bullies who seem to think they can mete out brutal violence without accountability whenever someone questions their authority or judgment.

The Michael Brown reaction has featured raised hands and people yelling “I surrender. Don’t shoot!” It has spread even to the point that a few members of the Washington NFL team came onto the field with their hands up. It was dramatic, although it might have been more so if they weren’t playing for and accepting big money from a team whose R-word name is a hateful slur against Native Americans.

Unfortunately, it’s not just some police who run roughshod. Every once in a while, we catch prosecutors in the act. The ease with which they can gain indictments using low standards of proof occasionally causes a district attorney with an agenda to misuse his or her power. It’s often said that, with a malleable grand jury, a prosecutor “can indict a ham sandwich.” In one current case, Texas Gov. Rick Perry is the ham. Usually, the Texas governor would not be portrayed as a victim — his policies draw scorn for ranging from cruel to misguided to blowhard — but suddenly he is. After being charged with a criminal offense by a Democratic district attorney for using his veto power to try to force out a colleague who was arrested for driving while seriously under the influence, Perry is now a GOP hero, his booking mug shot a badge of honor. It’s just the latest example of prosecutorial abuse.

We cannot exist as a stable country with perception that our freedom and economic well-being can be threatened by an arbitrary law-enforcement system. That’s the definition of a police state.

Bob Franken is a longtime broadcast journalist, including 20 years at CNN.

More in Opinion

A vintage Underwood typewriter sits on a table on Tuesday, Feb. 22, 2022, at the Homer News in Homer, Alaska. (Photo by Michael Armstrong/Homer News)
Letters to the editor

Brine makes life less affordable About a year after the 2024 presidential… Continue reading

This figure shows the approximately 2,700 earthquakes that occurred in Southcentral Alaska between Sept. 10 and Nov. 12, 2025. Also shown are the locations of the two research sites in Homer and Kodiak. Figure by Cade Quigley
The people behind earthquake early warning

Alders, alders, everywhere. When you follow scientists in the Alaska wilderness, you’ll… Continue reading

Larry Persily. (Juneau Empire file photo)
Opinion: Maybe the 5-day-old leftovers are to blame

I don’t ever throw away leftovers. I figure anything wrapped in petrochemical-based… Continue reading

Photo courtesy Kaila Pfister
A parent and teen use conversation cards created by the Alaska Children’s Trust.
Opinion: Staying connected starts with showing up

When our daughter was 11 and the COVID lockdown was in full… Continue reading

Juneau Empire file photo
Larry Persily.
Opinion: The country’s economy is brewing caf and decaf

Most people have seen news reports, social media posts and business charts… Continue reading

Patricia Ann Davis drew this illustration of dancing wires affected by air movement. From the book “Alaska Science Nuggets” by Neil Davis
The mystery of the dancing wires

In this quiet, peaceful time of year, with all the noisy birds… Continue reading

A vintage Underwood typewriter sits on a table on Tuesday, Feb. 22, 2022, at the Homer News in Homer, Alaska. (Photo by Michael Armstrong/Homer News)
Letters to the editor

Protecting the Kenai River dip net fishery? Responding to a letter by… Continue reading

Larry Persily. (Juneau Empire file photo)
Opinion: Poor Southcentral spending decisions matter to everyone

Too many residents, business owners and politicians of Southcentral Alaska — we’re… Continue reading

This mosaic image shows combined passes from NOAA 21, Suomi NPP and NOAA 20 satellites. All show the auroral oval during the geomagnetic storm of Nov. 11-12, 2025. Vincent Ledvina, a graduate student researcher at the UAF Geophysical Institute, added the typical auroral oval to the image before posting it to his Facebook page (Vincent Ledvina — The Aurora Guy). Image by National Oceanic and Atmospheric Administration and Vincent Ledvina.
As the dark season begins, more light

It’s November in Fairbanks, when the sun reminds you of where on… Continue reading

Conrad Heiderer. Photo courtesy Conrad Heiderer
A vintage Underwood typewriter sits on a table on Tuesday, Feb. 22, 2022, at the Homer News in Homer, Alaska. (Photo by Michael Armstrong/Homer News)
Letter to the editor: Protecting the Kenai River dipnet fishery

The Kenai River dipnet fishery is one of Alaska’s greatest treasures. Attracting… Continue reading

Charles and Tone Deehr are photographed with their daughter, Tina, near Dawson City, Yukon in 1961. Photo courtesy Charles Deehr
Red aurora rare enough to be special

Charles Deehr will never forget his first red aurora. On Feb. 11,… Continue reading