Arrest incident is complex for Gates, Crowley, Obama

OPINION, COMMENTARY AND ANALYSIS

(This article also appears on the Joint Recon Study Group site.)

The disorderly conduct arrest of Harvard professor Henry Louis Gates Jr. by Cambridge, Massachusetts, police Sgt. James Crowley raises many interesting issues that are probably worth exploring.

President Barack Obama's recent comment that Crowley may have acted "stupidly" also seems worthy of examination.

What were the psychological, social, legal and other dynamics in play on the night of Gates' arrest?

Let's start in chronological order.

HUMAN NATURE

First, Gates was reportedly returning to Cambridge from a trip to China after working on a project there. This undoubtedly was a long and tedious airline flight. Getting through airports is also sometimes a tiring and even stressful experience.

Finally, a possibly fatigued Gates arrives home, probably ready for a good night's sleep. What does he find? The front door of his Harvard-owned home won't open. He and his taxi driver try to force it open and eventually gain access to the residence.

A neighbor or passerby sees two men who seem to be possibly trying to force open the door. She apparently feels a crime might be occurring, calls police, and describes the situation to them, probably to a police dispatcher.

Crowley is one of the officers who responds to the scene of a possible break-in. The residence has reportedly been previously broken into recently.

Crowley is prepared to possibly confront an intruder, burglar or some other kind of criminal – possibly a dangerous criminal.

Undoubtedly, Crowley was assertive when he confronted Gates. He asked who Gates was, what was he doing there and similar questions.

Was Crowley overly confrontational? Was he initially adversarial? Possibly. When questioning a possible suspect, is it natural to be assertive and confrontational? In some cases, probably.

Meanwhile, Gates is already tired and annoyed about his front door. Now, a peace officer is being confrontational. Could Gates' fatigue from a long flight and frustration about his door have played a part in his response? Maybe.

Due to the long flight and fatigue, could his inhibitions have been altered, causing him to be more irritable? Possible, and understandable.

SITUATION ESCALATES

Gates reportedly brought up the issue of racism with Crowley in their verbal exchange. Is it possible that Crowley had some kind of unconscious bias that played a part? Yes, it's possible.

Is it possible that Gates mistakenly perceived Crowley's actions and demeanor as racial when they were not. That is also possible.

Apart from the issue of Gates being African-American, he is a highly-paid Harvard professor, highly educated and apparently well connected. And, undoubtedly in his life, he has received disrespect of various kinds, including race-related disrespect.

He also studies racial prejudice for a living and it is the focus of many of his scholarly and other activities. You could say it is a focus of his concerns and consciousness.

Apart from his ethnic background and academic focus, could Gates have developed an attitude sometimes associated with well-to-do, successful and prominent people? That is, sometimes "big shots" develop certain attitudes. Is this a factor with Gates? Could be.

Gates certainly makes more money, has a more advanced educational background and a more prestigious position than Crowley. How did this affect the situation?

And what about Crowley? What is his tolerance level for citizens or suspects who are not as cooperative as they could be? In the case of disorderly conduct, this is somewhat of a judgment call, although there are also legal criteria that describe and define it.

Did Crowley resent being called a racist by Gates? Recent reports quote Crowley as saying Gates made a comment about Crowley's mother? Is this true? Did it further escalate the situation? Did it push Crowley's buttons?

OBAMA WEIGHS IN

In wades Obama. Insert foot in mouth.

He correctly notes that some African-Americans and other minorities have been historically treated unfairly in our social and legal systems. That is putting it mildly. For that matter, many people of various backgrounds have been treated unfairly.

The public safety and criminal justice systems, including the role of peace officers, are important elements involved.

Having had several different kinds of encounters with peace officers over the years, in positive and not-so-positive situations, I can say many types of problematic factors can influence these kinds of scenarios.

Obama notes that he wasn't on the scene. He adds that he is probably biased because he knows Gates personally.

Then he said Crowley acted stupidly by arresting someone in their home.

Sir, people in their own home are arrested all the time. Many crimes take place in people's homes, including quite terrible crimes.

Besides, Gates was not arrested for being in his own home, he was arrested for disorderly conduct, including outside of his home.

As a strong supporter of Obama, I would conclude that he erred in his statement and a clarification would be helpful. For him to alienate me somewhat takes some doing – yet, he has done so to a degree with his comments.

Obama surely knows that while racial injustice is undeniable, there are also cases where people (of all ages, backgrounds, etc.) may consciously or unconsciously set themselves up to be "victims" for one reason or another. Could this be a factor in the Gates-Crowley incident? It's possible.

In addition, people from all kinds of backgrounds can behave inappropriately at times, and for various reasons in different kinds of circumstances. This may include minor or serious criminal behavior.

Do "big shots" sometimes engage in these kinds of problematic behaviors? Obviously, this is true. This is not to say that Gates necessarily behaved in this way. It is unclear.

LESSONS LEARNED

What can be learned about this incident? One element that seems educational is to increase our understanding of the position of peace officers in society.

They face danger and potential danger constantly. They must be assertive and take control of the situation at hand.

Officers can sometimes exceed their authority, be unfair, mistaken or even corrupt.

They are also human and many peace officers are honorable and decent people with rich and diverse life experiences.

They deal with hostile citizens all the time.

At a moment's notice, they must be prepared to use lethal force to protect or take human life, or sacrifice their own.

Is it necessary to kowtow or humble yourself before a peace officer? No. But simple human decency and respect go a long way. It cuts both ways.

Communication substance and manner are key factors. Can the assertive approach of a peace officer be interpreted, or misinterpreted, as disrespect? Yes.

In an interaction between a peace officer and a citizen, cooperation and communication can be helpful, if not crucial. Even an initially adversarial encounter can evolve into a constructive interaction if the people involved handle it, and themselves, appropriately.

What if a white Harvard professor, tired and irritable, had been confronted by an officer (white or minority) in the same way? Might he have also been troubled or irritated by the officer confronting and questioning him? Could be.

Are Gates and Crowley spinning their accounts and reports of the situation? Are they telling it as they truly believe it happened? It's unclear. Is it embarrassing for them? Sure.

Regarding Gates' assertive protests, he may have every right to complain and defend himself and his reputation. However, he may risk the perception we learned from William Shakespeare: "Me thinks thou dost protest too much." Gates might also feel that the best defense is a good offense – which it often is.

Crowley is undoubtedly also taking a good look at the whole chain of events, as are his fellow officers and all the rest of us.

And what is the background regarding the police courses Crowley reportedly teaches with a black co-instructor on avoiding racial profiling?

As for Obama, as previously noted, a clarification of his remarks seems appropriate and will be helpful in maintaining his credibility.

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