Day: January 16, 2025

While the police are supposed to protect and serve, there are grave concerns about policing in America. Back in 2015, Patrolman Michael Thomas Slager shot Walter Lamer Scott to death after what should have been a routine traffic stop. While the video does not show what happened before Scott started to flee, it shows Scott was no threat to Slager: he was unarmed and running away. The video also shows Slager dropping an object by Scott’s body, what appears to be Slager’s Taser. When Slager called in the incident, he described it as a justifiable shooting: he claimed Scott grabbed his Taser and he had to use his service weapon. Obviously Slager was unaware that he was being recorded as he shot the fleeing Scott.

As I am friends with former and current law enforcement personnel, I know there are good officers. As such, I will not offer a sweeping condemnation of all police. However, this incident raised concerns about policing in the United States.

What made this incident unusual is not that a situation involving a black man and white officer escalated. It is also not very unusual that a black man was shot by a police officer. What was unusual at the time was that it was videotaped and the public got to see what happened, as opposed to what was claimed by the officer. If the incident had not been recorded, this would have bene just another case of a suspect attacking a police officer and being shot in self-defense. The recording, however, transformed it from the usual to the unusual: a police officer being charged with murder for shooting a suspect.

Since I teach critical thinking, I understand that the story of one incident, however vivid, is just an anecdote. I am also aware that to generalize from one incident is to commit the fallacy of hasty generalization. That said, the videotape provided grounds for being suspicious of other incidents in which suspects have been shot while (allegedly) trying to attack an officer. Since we know that it has happened, we know that it can happen. The obvious and important concern is the extent to which this sort of thing has happened and is still happening. That is, what needs to be determined is the extent to which officers have engaged in legitimate self-defense and to what extent officers have gotten away with murder.

This videotape showed, rather dramatically, that requiring police to use body cameras can be a good idea. People are somewhat less likely to act badly if they know they are being recorded. There is also the fact that there can be evidence of misdeeds. Cameras can sometimes benefit officers as video evidence might show when the use of force was legitimate.

What was also usual about this incident is that there was intense focus on the fact that Scott had a criminal record and legal troubles involving child support. This was part of the usual strategy of trying to show that the victim of a police shooting was “no angel” and perhaps to suggest that the shooting was, in some manner, justified. Or, at the very least, not as bad as one might think. However, Scott’s background had no relevance in this incident: his past legal troubles did not justify the shooting.

What was also usual was the reaction of Bill O’Reilly and some of the other fine folks at Fox, which I learned about back in 2015 from Professor Don Hubin’s reaction and criticism. Rather than focusing on the awfulness of the killing and what it suggests about other incidents, O’Reilly’s was worried that some people might use the killing to “further inflame racial tensions” and he added that “there doesn’t seem to be, as some would have you believe, that police are trying to hunt down black men and take their lives.” While this is not a claim that has been seriously put forth, O’Reilly endeavored to “prove” his claim by engaging in a misleading comparison.

He noted that “In 2012, last stats available, 123 blacks were killed by police 326 whites were killed.” While this shows that police kill more whites than blacks in total numbers, the comparison is misleading because O’Reilly leaves out a critical piece of information: the population at the time was about 77% white and about 13% black. This sheds a rather different light on O’Reilly’s statistics: they are accurate, yet misleading. In total numbers, more whites than blacks were killed by police. But blacks were killed at a disproportionately higher rate.

This point is usually countered by the claim that blacks commit more crimes than whites and thus it is no surprise that they get shot more often than whites. After all, one might point out, Scott did have a criminal record. This reply has a certain irony to it. After all, people who claim that blacks are arrested (and shot) at a disproportionate level claim that the police are more likely to arrest blacks than whites and focus more on policing blacks. As evidence that blacks commit more crimes, they point to the fact that blacks are more likely (adjusting for proportions) than whites to be arrested. While one would obviously expect more blacks to be arrested if they committed more crimes (proportionally), to assume what is in doubt (that policing is fair) as evidence that it should not be doubted is circular reasoning.

O’Reilly also used another stock defense: “You can’t … you can’t be a perfect system. There are going to be bad police officers; they’re going to make mistakes; um .. and then the mistakes are going to be on national television.” O’Reilly is using the perfectionist fallacy: the system cannot be perfect (which is true), therefore (he infers) we should not be concerned that this could be evidence of systematic problems. Or perhaps he just means that in an imperfect system one must expect mistakes such as an officer shooting a fleeing suspect. O’Reilly was also concerned that the mistakes would be on television. perhaps his concern was that people would fall victim to a hasty generalization from the misleading vividness of the incident. That would be a fair point if he operated in good faith. However, the message O’Reilly seemed to conveying is that this incident was an isolated one that does not indicate a systemic problem. Even though these “isolated” incidents happen with terrible regularity.

I will close by noting that my objective is not to attack the police. Rather, my concern is that the justice system should be just. It should also be important to all Americans, after all, most of us pledged allegiance to a nation that is supposed to offers liberty and justice to all.

 

Back in 2018, President Trump proposed executing certain types of drug dealers as a solution to the opioid epidemic. As Trump remains Trump, it is likely he will make a similar proposal when he returns to the White House. But this does raise the issue of whether executing drug dealers is a good way to address drug addiction. Put crudely, can the United States kill its way out of this problem.

From a practical standpoint, a key question is whether executing drug dealers would reduce drug addiction in America. It will, of course, be assumed that the CEOs of pharmaceutical companies manufacturing and distributing opioids will not be executed. For those interested in a career in drug dealing, the best option is to get congress to legalize your dealing. The second best is to run your drug dealing as part of the legal business of your large corporation. This way you will probably never do any time no matter how much you do crime. At worst, you’ll be forced to pay a percentage of your profits in a negotiated settlement.

Intuitively, execution could impact addiction. As a great philosopher once said, “if you kill someone for doing something, they won’t do that again.” Killing drug dealers would reduce their numbers and could reduce the extent of drug addiction in America. This would require killing new dealers if they stepped in to replace the dead ones, but this is a practical problem in the logistics of killing.

There is also the deterrence factor. On the face of it, one might believe the threat of execution would deter people from dealing drugs. This assumes drug dealers are suitably rational actors, and their calculation of the risks and benefits will guide them to stop dealing. This would also assume that they have better options available. Alternatively, it could be argued that fear of execution would suffice to deter them. People do fear death and try to avoid it. As such, one could conclude that we could kill our way out of this problem. However, we do not need to rely on speculative arguments about how potential drug dealers might respond to threats of execution. We can look at the data about the effectiveness of the threat execution as a deterrent.

We have extensive data about the death penalty, thanks to America’s enthusiasm for killing people. The evidence is that it is not an effective deterrence, which runs contrary to what intuitions about death and threats of death would suggest. So, it seems unlikely that we can kill our way out of this problem. In addition to the practical issue of whether this approach would work, there is the moral question about its ethics.

On the face of it, the moral issue has been settled by the practical issue: if the death penalty would not deter drug dealers, then the deterrence argument does not morally justify executing them. However, the retribution argument remains: killing drug dealers could be morally justified as retribution for their crimes.

On the one hand, this does have some appeal. Drug use does result in some deaths, and some of the blame for some deaths can be placed drug dealers. If a business knowingly provides a dangerous product to customers, then they are morally accountable for at least some of the harms. This is true in the case of legal products, such as tobacco and prescription opioids, and especially true for products that are illegal because they are harmful, such as illegally trafficked opioids.

While drug dealers do deserve punishment for distributing harmful products (such as tainted drugs), the punishment must fit the principle of proportionality: the punishment must be warranted by the severity of the harm done in the crime.

A drug dealer that intentionally sold contaminated products that killed users would be directly responsible for those deaths. The same would apply to a company that knowingly sold fatally flawed legal products that killed people, such as defective cars. Obviously, the criminal could face legal consequences for their crimes, but from the moral perspective, the legality of the actions is not the primary concern. It would be causing death that matters morally. It would be these case that would most plausibly merit execution, on the principle that the punishment (death) should match the crime (causing death). However, selling someone a fatally defective product is morally distinct from directly killing them, such as by stabbing them to death. As such, executing those who knowingly sell defective products that could cause death would raise moral concerns.

Drug dealers probably do not intentionally sell defective products to kill their customers, if only because they want repeat business. But illegal drugs are often harmful, and this is morally relevant. The harms of illegal drugs can be numerous, ranging from health issues to death by overdose. Many legal products, such as alcohol and tobacco, are also harmful. As such, the question is whether it is morally acceptable to execute someone for providing a harmful product that can potentially kill the user. Once again, the legal issue is distinct from the moral—after all, all any drug could be legalized tomorrow, but this would not change the basic moral concern. The easy and obvious answer is that while knowingly selling harmful products is wrong, this level of wrongness does not merit execution. As such, killing drug dealers for dealing drugs would be no more ethical than killing the owners of Heineken or R.J. Reynolds for distributing legal products that cause significant health issues and contribute to the ruin of many lives.