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Jenci Spradlin

Centrist – Tennessee

Schenectady, NY: Public Safety not an "Obligation"?

Tue. Mar. 24, 06:38pm EST

In Schenectady, NY, Mayor Brian Stratton is considering as one possibility implementing martial law after a slew of officers have been charged recently with various crimes.  Part of the article is printed below.  Outside of the general adiminstrative and human resource failures this story highlights, I was most surprised to see the following comment by the city's corporate counsel, John Van Norden, who said:

"If you abolish the police department you still have a need - not an obligation - but a need to police the community. You would need something in transition. Declaring martial law would be one way to bridge the gap."

So according to Van Norden, providing public safety is simply a "need" and not "an obligation"?  This, in my opinion, is what is wrong with our understanding of government and its role in our collective lives.  I would wonder what the city deems its "obligations" to the citizens if not public safety? Compared to rural or unincorporated areas, people choose to live in incorporated cities and towns because they desire to pay the additional taxes for the services that those taxes provide: namely, police, fire, emergency, and solid waste collection services.  These are things that individual citizens could not provide on their own (or even could not effectively do unless coordinated by a single government entity.)  This may be a very simplified definition, but I dare say that there are many many programs that they could easily do away with under the "not an obligation" category in these tough economic times (and even if times were prosperous) that would better position the area for ongoing sustainable success.  It is when you add all the "wants" and overtax the citizens, filling city coffers with millions of dollars, that people stop protecting and serving others, and start protecting and serving themselves. 

SCHENECTADY, N.Y. -- Schenectady Police Chief Mark Chaires said, "This is unprecedented - all these officers getting in trouble at the same time for all these different reasons.



Five Schenectady police officers recently accused of everything from driving drunk to beating up a man are leading city officials to look at taking drastic action to fix a department tainted by the few who may have acted illegally, like Darren Lawrence and Michael Brown who are accused of driving while intoxicated.



Chief Chaires said, "Those two officers, we're definitely going to seek termination, and we're not ruling it out with any of the officers who are out there.



Police Chief Mark Chaires told us you basically have to fire yourself - essentially a million dollar fine in lost benefits over a lifetime.



Still, Schenectady Mayor Brian Stratton said, "We believe there are five officers now who could face possible termination."



But it's not just the threat of termination. Mayor Stratton told us he's looking at all options, including disbanding the police department - basically starting over.



"It's something we're certainly looking into. I think the public has had it up to here," said the mayor.



Currently, officials are reviewing the legal options and planning to present a full report in early April - options like a consolidated county-wide police force or bringing in the State Police.



The mayor said there is another option - and that would be declaring martial law. The governor would have to declare it and then the National Guard would come in. The mayor said it's more for a transition to a new police force if that were to happen.



He said, "It may be that as a stopgap measure, that you would need military forces - State Police, National Guard."



Mayor Stratton said the temporary measure would last until the new police force took over.



Schenectady's Corporation Counsel John Van Norden said, "If you abolish the police department you still have a need - not an obligation - but a need to police the community. You would need something in transition. Declaring martial law would be one way to bridge the gap.

from http://capitalnews9.com/content/top_stories/135816/schenectady-mayor-considers-options--martial-law-over-police-woes/Default.aspx

Comments
Chris Stearns Tue. Mar. 24, 09:14pm EST#1

The courts always affirm that neither the government nor law enforcement are legally obligated to protect you.

Joshua Boulée Tue. Mar. 24, 10:21pm EST#2

Really, it is rare that the police can protect you. They can clean up the mess and hunt the criminal after the fact, but without following you around all day there isn't much chance they will be in the right place at the right time to prevent crime.

Jenci Spradlin Wed. Mar. 25, 12:11am EST#3

I think you are mincing words here boys. Why dont we do away with them altogether and just farm out catching people who commit crimes after-the-fact by vigilante groups? Yeah, that sounds like a place I'd like to live. Or I guess you two would rather they spend your tax dollars on the "softer" stuff like Parks and Recreation or funding some take-your-pick-non-profit-social program over police, fire, and emergency services. You know, the coroner can always pronounce you dead after the fact, so perhaps we'll just keep him and do away with the rest. Sound good to you? :P

Joshua Boulée Wed. Mar. 25, 12:34am EST#4

No I'm not mincing words, just dicing definitions really fine :-) What I was trying to point out is that 'public saftety' and 'protection' are two different things. Of course what Chris said is absolutely common sense; "The courts always affirm that neither the government nor law enforcement are legally obligated to protect you." If that wasn't so than if you got mugged, or hit by a drunk driver, you could sue the police for failing to prevent it in the first place. That does NOT mean that they have no duty to public safety. Public safety is partially the duty of the police, but more than that it is the duty of the courts and the legislative branch, because by making and enforcing laws against criminal activity they deter would-be criminals by fear of the punishment. We can double the number of officers on the street, but if the criminals know all they are going to get is a slap on the wrist, crime will continue to flourish.

Chris Stearns Wed. Mar. 25, 12:33pm EST#5

Not mincing words at all. That is what the courts always uphold. I'm not saying law enforcement is useless; I believe in law and order. Without the rule of law there can be no civilization, and LEOs are there to "serve and protect" to the best of their ability.

But the truth is that, aside from dealing with the longer-term requirements of a crime (tracking down kidnappers, freeing hostages, etc.), law enforcement is almost never there to protect an individual from an immediate, criminal act, and it would be wrong to expect them to be.

As free, "sovereign" citizens, we have the duty and the dignity to provide the first line of protection for ourselves, whatever that may entail. I see that as a much better alternative in most cases, and particularly smaller towns, than martial law.

Daniel D. Lamoreux Thu. Mar. 26, 06:13am EST#6

There were two recent court cases that looked specifically at the question of law enforcement "obligations". I can get the citations if you'd like to see them.

In the first case the Court found that there is “no federal Constitutional requirement that police provide protection” and the second found that “the government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen”.

Though it seems like a million years ago, I served in law enforcement. I can tell you from personal experience that the only realistic job for the police is to investigate crime and apprehend offenders.

All the rest is up to the judiciary and the individual citizen.

In my not-so-humble opinion we have two major problems with our system of law enforcement in this country today. First, the laws are so convoluted and complex that most cannot be understood and, second, the truly important laws are not truly enforced.

There is no such thing as equal justice in our system today.

Solve those two problems and the rest becomes child's play.

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