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17 Crim. Just. Ethics 42 (1998)
Ethics in Context

handle is hein.journals/crimjeth17 and id is 42 raw text is: John Kleinig / 42
ETHICS IN CONTEXT

Civil Rights and Civil Liberties:
Videotaping the Police

Early on August 9, 1997, Abner Louima, a Haitian
immigrant, was arrested outside Club Rendez-Vous in
the Flatbush section of Brooklyn, NY. According to
witnesses, police responded to a disturbance outside the
club, and in the ensuing scuffle Louima was arrested
and handcuffed behind his back. Allegedly, on the
journey to the 70th Precinct station house in Brooklyn,
the two patrol cars in which the handcuffed Louima and
four officers were traveling stopped twice so that the
officers could punch and beat him. They arrived at the
station house after four a.m., where Louima was
charged with disorderly conduct, obstructing govern-
mental administration, and resisting arrest. (The
charges were later dropped.) Stripped from the waist
down, he was apparently then taken into a bathroom
where, still handcuffed behind the back, he was kicked
and beaten, and the wooden handle of a toilet plunger
was shoved first into his rectum and then into his
mouth. He was then led out through the work area to a
holding cell. After a delay, an ambulance was called and
just before eight a.m. he was taken to Coney Island
Hospital. Louima suffered a ruptured bladder and
colon, several broken teeth, and blood clots, and
eventually required three surgeries.
At the Coney Island Hospital--not the nearest
available hospital--the description and cause of the
injuries might have been concealed had not a Haitian
nurse called Internal Affairs some twelve hours later.
But her call was not acted upon until Louima's relatives
called Internal Affairs nearly thirty-six hours after the
initial incident. When an investigation was begun, one
officer who   was present in the station    house
volunteered to provide information on what he had

seen. On February 27, 1998, after an investigation
conducted by the U.S. Attorney's Office, the FBI, and the
Internal Affairs department of the NYPD, four officers
were indicted on civil rights charges, and a supervisory
officer was charged for attempting to cover up the
alleged assault.' The coverup included an assault on a
second person who had witnessed the circumstances of
the original arrest. Even though one officer volunteered
information, the delay in handing down the indictment
was caused to a significant extent by the blue wall of
silence, the unwillingness of officers to testify against
each other.
That a blue wall should have operated in such
circumstances has prompted many recommendations
for improving the organization, supervision, ethos, and
accountability of the NYPD. Among them were several
proposed by Richard Emery, a civil rights lawyer,
including the suggestion that station houses be
equipped with fixed video cameras.2
To review and assess the issues raised by this
recommendation, the editors of Criminal Justice Ethics
invited Mr Emery to expand on his proposal, and then
submitted it to four scholars for comment: Richard Leo,
Professor of Criminology at the University of California,
Irvine; James J. Fyfe, Professor of Criminal Justice at
Temple University; Peter Hobson, Senior Lecturer in
Education Studies, University of New England (Austra-
lia); Andrew von Hirsch, Honorary Professor of Penal
Law and Penal Theory, University of Cambridge (U.K.);
and Harold Pepinsky, Professor of Criminal Justice at
Indiana University.

JoHN KLEINIG

NOTES

1 US v. Volpe, et al., <http://www.courttv.com/legaldocs/
newsmakers/louima.html>

2 Emery, Four Ways to Clean Up the Police, N.Y. Times, August
26, 1997, at 19.

Criminal justice Ethics

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