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Police response to N.J. mall fight sparks outrage after Black teen cuffed as white teen watches

Yet those possibilities remain unsaid.
Yes - and that's how they'll remain. I am not going to open myself up to another torrent of abuse for speculating how the actions could be racist or not racist, and the circumstances leading up to the cops arriving, and the interpretation of who was "at fault" between the boys.

I am not going to share those because laughing dog is not interested in possibilities that conflict with his narrative. He is interested in mocking me.
 
So are yours.

And Franco was there. You were not.

Your beliefs are irrelevant.
You think that Franco's beliefs about him being arrested determine whether he was arrested. You are wrong.
I think that Franco’s beliefs are more pertinent than yours. He was there. He was free to move. He was not reprimanded for getting up and advancing in the officers as they cuffed Husain. He held out his wrists to be cuffed and the officers declined.
 
Franco did NOT ‘stay there.’ He stood up and approached the officers, nearly standing over them at one point.
Franco stood up, but he did not leave. Nevertheless, you are rebutting some statement I did not make. He was told to 'stay there', which a reasonable person would interpret as 'you are not free to leave'. If a cop had just told me to 'stay there', I would not feel free to leave. Would you?
Please re-read YOUR post that I responded to. Read it out loud so you can hear what you wrote.

I am not rebutting anything you did not write.

Even if I were, I am free to write whatever I choose and am not limited in responding to only what you write.

However, in this case, I did repeat the words ‘stay there’ that you earlier wrote.
 
Yet those possibilities remain unsaid.
Yes - and that's how they'll remain. I am not going to open myself up to another torrent of abuse for speculating how the actions could be racist or not racist, and the circumstances leading up to the cops arriving, and the interpretation of who was "at fault" between the boys.
Putting aside your exaggerations (“torrents if abuse”, you have no trouble abusing posters whose speculations you dislike.
Metaphor said:
I am not going to share those because laughing dog is not interested in possibilities that conflict with his narrative. He is interested in mocking me.
Please stop imputing intent of others. You are always wrong.

Until you produce these possibilities, there is no reason to believe you have any.
 
Yet those possibilities remain unsaid.
Yes - and that's how they'll remain. I am not going to open myself up to another torrent of abuse for speculating how the actions could be racist or not racist, and the circumstances leading up to the cops arriving, and the interpretation of who was "at fault" between the boys.

I am not going to share those because laughing dog is not interested in possibilities that conflict with his narrative. He is interested in mocking me.
If your possibilities deserve mocking, so be it.
 
He was there. He was free to move. He was not reprimanded for getting up and advancing in the officers as they cuffed Husain. He held out his wrists to be cuffed and the officers declined.
Completely irrelevant. What Franco believed is completely irrelevant. You do not appear to understand that. The test for arrest is what a reasonable person would have believed (about being free to leave) in the same situation. What Franco actually believed--completely irrelevant.
 
He was there. He was free to move. He was not reprimanded for getting up and advancing in the officers as they cuffed Husain. He held out his wrists to be cuffed and the officers declined.
Completely irrelevant. What Franco believed is completely irrelevant. You do not appear to understand that. The test for arrest is what a reasonable person would have believed (about being free to leave) in the same situation. What Franco actually believed--completely irrelevant.
What you believe is irrelevant.

Franco did not behave as though he was arrested—and neither did the police.
 
He was there. He was free to move. He was not reprimanded for getting up and advancing in the officers as they cuffed Husain. He held out his wrists to be cuffed and the officers declined.
Completely irrelevant. What Franco believed is completely irrelevant. You do not appear to understand that. The test for arrest is what a reasonable person would have believed (about being free to leave) in the same situation. What Franco actually believed--completely irrelevant.
What you believe is irrelevant.

Franco did not behave as though he was arrested—and neither did the police.
How Franco behaved is irrelevant. How the police behaved would influence what a reasonable person might believe about being free to leave.

If I were a teenage boy and the cops had just broken up a fight I was in, and I'd been pulled to a couch and ordered to sit down and stay put, I think it would be reasonable to believe I was not free to leave.

But if you want to die on the 'Franco was not arrested but Husain was' hill, so be it. I've died on a lot of hills, apparently. You always bounce back.
 
Posted almost 300 posts ago:

Be careful to not let those seeking to change the subject succeed in silencing the facts. Their tactic is to change the subject so that you are no longer able to have a conversation about the clear issue of race in this video.

They try to make comments demeaning women to draw the conversation into that. But the FACT is that the female cop treated one teen in one way, and then, after patting him on the chest, she went and kneeled on the neck of the other teen.

This is consistent with racism, and is not excused by the sexist derail that she is weak and had no other choicxe but the treat the white boy kindly. She walked over and kneeled on the neck of the boy who was on the ground, turning her back on the other boy.

Then they try to get pedantic about whether the word "arrest" is perfect or not. Failing to understand American law... Again, to try to get you to talk about something other than the clear issue of race in this scene.

Length of the Stop: Short or Prolonged?
Investigatory stops (or "detentions") must be no longer than necessary and officers must investigate with the least intrusive means that are reasonably available. When an officer prolongs a detention beyond what is brief and cursory and broadens it, then the detention may turn into a de facto arrest—that is, an actual but not official arrest.

If a reasonable person in the suspect's position would have considered the police's behavior to constitute the kind of restraint that's typical of formal arrest, then an arrest has occurred. Some courts phrase the issue as depending on whether, after brief questioning, a reasonable innocent person would have felt free to leave—if not, there's been an arrest. (Johnson v. Bay Area Rapid Transit Dist., 724 F.3d 1159 (9th Cir. 2013).)

The problem remains that no explanation is more clear than race.
  • Not the gender of the cops, since the female cop treated the two teens differently moving one, kneeling on the neck of the other, and the male cop did not make choices consistent with thinking himself "stronger" - unless they both concluded that "Black" = "more dangerous"
  • Not the question of whether the body-slammed-and-handcuffed teen was actually arrested versus de facto arrested compared to the standing-around-behind-the-cops-without-being-monitored teen.
  • Not whether one was a bully and the other a victim, since the police were not there for that part.
There are people who do no want this argument to include racism. And they are doing everything they can to change the subject. And when people take the effort to rebut their claims, they simply repeat them again, expecting that if they shout it loudly enough and often enough they will be believed.


But that is a tactic. It is clear as day and repeated over and over and over. "But what about this excuse?" (don't address racism) "But what about that excuse" (don't address racism) "But what, again, about this first excuse, as if it was never rebutted" (got you away from racism! Hah!)


Facts: This is not an isolated example. It happens again and again and again, at frequencies that are not possible to exist without racism. And people (including those on this board) will use this statistic to claim that black people commit more crimes, gleefully hiding the FACT that many of those arrests are unjust.

An example of an unjust arrest is shown to them,. and they launch into their tactics of distract and derail. Then claim it [the racist action] never happened.

They are still doing it. Y’aal need to decide whether you’re going to participate.

The explanations put forth to explain this without racism involve imagining seven layers of supposition, when they are even given at all. Some just say they won’t give their reasons, but let’s talk about the definition of arrest instead.

It’s a tactic. It’s still a tactic.

Racism explains this better than any other thing.
It shows the example of how it happens (and how some people will do anything to deny it.)
And it shows exactly how unjust arrests take place.

Both cops overreacted to one teen and not the other. Excuses for the female cop to just obey and add to the unjust cuffing won’t hold up in the lens of justice, she left one teen and knelt on the neck of the other. (Ask Tou Thao, J. Alexander Kueng, and Thomas Lane)


Racism explains very well why the male cop showed up, tossed the white kid (on the top - more dangerous) aside and assaulted the black teen (on the bottom, less dangerous).
Racism explains very well why the female cop left one kid to sit briefly and then stand up and move around unmonitored, so that she could kneel on the enck of the other.
Racism explains why the reactions of the teens all around never gave the cops pause.

And it doesn’t need, “well maybe someone said something we didn’t hear,” and it doesn’t need, “well maybe the cops knew the teen standing up and walking toward them wasn’t dangerous.”

All it requires is that they walked up and saw, “black teen - he must be aggressive and dangerous, we’d better protect the public from him!” Even if he’s on the bottom of the fight with the larger, older boy. While simultaneously seeing “white teen, he’s probably just fine, just let him sit on his own recognizance.”

And that. Is racism.
 
From here:
“I don’t understand why they arrested him and not me,” said Joseph, interviewed Friday by NJ Advance Media. “I say that was just plain old racist. I don’t condone that at all. Like I said, I even offered to get arrested.”

“I knew that was really bad,” Joseph said of the way officers handled the other teen. “I even offered to get handcuffed, I offered to get detained after Kye was detained, and they turned my offer down. I even asked they why they detained Kye and not me, and they said because Kye was resisting.”

While that certainly sounds like arrested for resisting arrest, let me go through more details I saw in the video that might or might not be related. First, the teen on top and the teen on bottom were in different places with different visibility and vulnerabilities. The teen on top, I believe, first became aware of the police as they moved to the sides of him through his peripheral vision. He may also have been more prone to hear someone say police if that happened. The Black teen was nearly laying down, the other teen above his legs, and the Black teen was uncomfortably on one elbow, sort of stuck*, he tried desperately to punch upward while the other teen was dominating punching downward...and there was probably big contact and grappling which was sort of aiding the Black teen in not falling over from an unstable position on one elbow. Next to the Black teen was a couch on one side and that garbage bin/table whatever on the other and he was very much down to the ground and so his line of sight was very much blocked*...his vision was fixed on the person punching him and so he'd be expected to become aware of the police presence later on and be able to absorb that just a little later. When he went to punch upward but then a little into that or after the other teen was moved back onto the couch, he may have initially thought it was a reaction to his punch and had to absorb the police presence or that the other teen was moved through inference, but his very next thing to do was to get out of his unstable, uncomfortable position on his elbow and so he moved. As he moved, the male police officer tackled him, and this may have caught him by surprise as he may not have absorbed what was going on or why he was being tackled or even by whom within these fractions of seconds.
*
*uncomfortable.PNG
 
Which goes into a problem that police create with their STUPID and ESCALATORY behavior of shouting and slamming. They gave one teen a chance to “not resist” and they did not give the other teen a chance to “not resist.”

Their STUPID behvior of charging in, they do it with traffic stops as well, SHOUTSHOUTSHOUT conflicting instructions or surprise tackles and then blame the citizen for “not following orders” or “resisting” in their surprise.

It was two teens fighting in a mall. They pulled one off. Pull him off and pause while the other rolls over. Say without shouting, “it’s over, just stay still,” and then they could serve and protect. But that’s not the choice. It’s always this stupid, escalating drill sargeant shit.
 
Posted almost 300 posts ago:

Be careful to not let those seeking to change the subject succeed in silencing the facts. Their tactic is to change the subject so that you are no longer able to have a conversation about the clear issue of race in this video.

They try to make comments demeaning women to draw the conversation into that. But the FACT is that the female cop treated one teen in one way, and then, after patting him on the chest, she went and kneeled on the neck of the other teen.

This is consistent with racism, and is not excused by the sexist derail that she is weak and had no other choicxe but the treat the white boy kindly. She walked over and kneeled on the neck of the boy who was on the ground, turning her back on the other boy.

Then they try to get pedantic about whether the word "arrest" is perfect or not. Failing to understand American law... Again, to try to get you to talk about something other than the clear issue of race in this scene.

Length of the Stop: Short or Prolonged?
Investigatory stops (or "detentions") must be no longer than necessary and officers must investigate with the least intrusive means that are reasonably available. When an officer prolongs a detention beyond what is brief and cursory and broadens it, then the detention may turn into a de facto arrest—that is, an actual but not official arrest.

If a reasonable person in the suspect's position would have considered the police's behavior to constitute the kind of restraint that's typical of formal arrest, then an arrest has occurred. Some courts phrase the issue as depending on whether, after brief questioning, a reasonable innocent person would have felt free to leave—if not, there's been an arrest. (Johnson v. Bay Area Rapid Transit Dist., 724 F.3d 1159 (9th Cir. 2013).)

The problem remains that no explanation is more clear than race.
  • Not the gender of the cops, since the female cop treated the two teens differently moving one, kneeling on the neck of the other, and the male cop did not make choices consistent with thinking himself "stronger" - unless they both concluded that "Black" = "more dangerous"
  • Not the question of whether the body-slammed-and-handcuffed teen was actually arrested versus de facto arrested compared to the standing-around-behind-the-cops-without-being-monitored teen.
  • Not whether one was a bully and the other a victim, since the police were not there for that part.
There are people who do no want this argument to include racism. And they are doing everything they can to change the subject. And when people take the effort to rebut their claims, they simply repeat them again, expecting that if they shout it loudly enough and often enough they will be believed.


But that is a tactic. It is clear as day and repeated over and over and over. "But what about this excuse?" (don't address racism) "But what about that excuse" (don't address racism) "But what, again, about this first excuse, as if it was never rebutted" (got you away from racism! Hah!)


Facts: This is not an isolated example. It happens again and again and again, at frequencies that are not possible to exist without racism. And people (including those on this board) will use this statistic to claim that black people commit more crimes, gleefully hiding the FACT that many of those arrests are unjust.

An example of an unjust arrest is shown to them,. and they launch into their tactics of distract and derail. Then claim it [the racist action] never happened.

They are still doing it. Y’aal need to decide whether you’re going to participate.

The explanations put forth to explain this without racism involve imagining seven layers of supposition, when they are even given at all. Some just say they won’t give their reasons, but let’s talk about the definition of arrest instead.

It’s a tactic. It’s still a tactic.

Racism explains this better than any other thing.
It shows the example of how it happens (and how some people will do anything to deny it.)
And it shows exactly how unjust arrests take place.

Both cops overreacted to one teen and not the other. Excuses for the female cop to just obey and add to the unjust cuffing won’t hold up in the lens of justice, she left one teen and knelt on the neck of the other. (Ask Tou Thao, J. Alexander Kueng, and Thomas Lane)


Racism explains very well why the male cop showed up, tossed the white kid (on the top - more dangerous) aside and assaulted the black teen (on the bottom, less dangerous).
Racism explains very well why the female cop left one kid to sit briefly and then stand up and move around unmonitored, so that she could kneel on the enck of the other.
Racism explains why the reactions of the teens all around never gave the cops pause.

And it doesn’t need, “well maybe someone said something we didn’t hear,” and it doesn’t need, “well maybe the cops knew the teen standing up and walking toward them wasn’t dangerous.”

All it requires is that they walked up and saw, “black teen - he must be aggressive and dangerous, we’d better protect the public from him!” Even if he’s on the bottom of the fight with the larger, older boy. While simultaneously seeing “white teen, he’s probably just fine, just let him sit on his own recognizance.”

And that. Is racism.
The point at which I disagree is that it is unclear from the video that I watched that she was kneeling ON Husain's neck and not NEAR his neck. Huge difference. The other point where I perhaps disagree is that, my viewing is that she backed her partner who was cuffing Husain--and did so without having the opportunity to observe whether or not he was 'resisting.' My understanding of police training is that you immediately back your partner and ask questions later. This entire incident happened very quickly--she reacted to her perception of her partner's need, not anything that Husain was doing or how he looked.

I fully admit that I could be wrong. Kneeling on someone's neck is outrageous, especially in light of George Floyd and other deaths of people who died with cops on their necks. That is enough to condemn.
 
Just to be clear, I am totally not justifying circular reasoning of arrested for resisting arrest. I also completely 100% agree with Rhea's commentary from above. Details do NOT seem to contradict the disparate treatment or excuse it. So female officer is calmly telling the couched teen to stay put and he is gaining awareness of his surroundings etc. Black teen is treated unfairly in that someone uncomfortably on the ground being assaulted ought to have a chance to gain composure and awareness of surroundings. Rather than tackling, wrestling and bashing, the next step could be to also place a hand and say stop, stay put or similar which would be equal. Further, expectation of someone to not resist after bashing their head into a table/garbage bin is completely unreasonable, but I did not observe any resistance, just someone being violently handled.
 
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