San Francisco Police Chief Proposes Amnesty Plan

Radley Balko | August 30, 2009

For his own officers, that is.

Discipline cases against dozens of San Francisco police officers would be dismissed under an amnesty program proposed by Chief George Gascón.

The new police chief told The Chronicle on Wednesday that he wants to see "the great majority" of roughly 75 discipline cases pending before the civilian Police Commission end with little or no punishment for officers accused of minor misconduct.

Those cases, he said, include charges such as use of inappropriate language, being discourteous, failing to properly fill out a police report or a first-time misdemeanor drunken-driving arrest. They would also most likely involve first-time offenders rather than officers with a long history of complaints against them.

"We don't get anything out of taking a pound of flesh," Gascón said.

According to Bay area DUI defense sites, penalties for a first-time conviction in California can include six to 30 months of alcohol and driving safety classes, suspension of your driver's license, up to three years of probation, $390-$1,000 in fines, and the possible installation of an ignition interlock device at your expense.

Will Chief Gascón propse non-police residents of San Francisco get a pass on first time offenses too, or just those residents who also happen to be members of law enforcement?

CORRECTION: The amnesty for drunk driving would be with respect to professional disciplinary action, not to possible criminal charges.

Comments

|8.30.09 @ 11:22AM|#

Disgusting. What are the chances this is actually put into effect by the "civilian" Commission?

I'd also like to add this to the list of instances where rigid application of the law is better for liberty than bending over backwards to favor the accused, the rule of thumb most libertarians around here seem to favor. Like a great lawyer and sci-fi author once said:

Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

Atanarjuat|8.30.09 @ 12:23PM|#

Under the current system, there are two channels for investigating misconduct by an officer: the independent Office of Citizen Complaints, which usually handles on-duty violations of police conduct rules, and the Police Department's management control division, which usually handles off-duty misconduct. Both routes can end up with a case before the Police Commission.

Just to clarify, in the cases involving misdemeanors, are the criminal penalties being dropped, or just whatever disciplinary measure they would have incurred from the department?

|8.30.09 @ 12:42PM|#

"We don't get anything out of taking a pound of flesh," Gascón said.

Right Chief Wiggum, that whole concept of deterrence is pretty overrated. I am impressed that someone of such obviously dull intellect had what it took to become Chief. Bake him away toys.

Suki|8.30.09 @ 1:08PM|#

Tulpa,

Disgusting. What are the chances this is actually put into effect by the "civilian" Commission?

I hope slim to none is a choice. Doubt it.

|8.30.09 @ 1:26PM|#

"We don't get anything out of taking a pound of flesh," Gascón said.

Until this becomes an acceptable defense for "civilians" I have only this to say:

Eat shit and die,Chief Cascon.

anarch|8.30.09 @ 1:27PM|#

"We don't get anything out of taking a pound of flesh"

Depending, apparently, on whose ox is gored.

Next step: Brownie Points for dismissed misdemeanors.

Step after that: Brownie Points for misdemeanors.

Suki|8.30.09 @ 1:29PM|#

PB,

Hi! My little Chemist brain must be slow today. Everybody else is coming up with the good comments.

BTW, John T. settled that shotgun shopping decision for me (issue a few weeks old and counting), but I probably have to wait until 2030 to get the features he added to character Suki's awesome shotgun.

|8.30.09 @ 1:39PM|#

The article only mentions dropping disciplinary complaints, not any underlying misdemeanor charges. I don't see how the final paragraph is anything but grossly misleading. These officers would still be subject to the same penalties that other citizens are subject to. I don't know if this is a good idea, but this post is a misleading portrayal.

|8.30.09 @ 1:40PM|#

"Those cases, he said, include charges such as use of inappropriate language, being discourteous, failing to properly fill out a police report or a first-time misdemeanor drunken-driving arrest. They would also most likely involve first-time offenders... "

To quote another pig: "All animals are equal, but some PIGS are more equal than others."

Orwell was so precient. This is beyond contempt.

|8.30.09 @ 1:50PM|#

Though not stated by the post, it does beg the question "If the 75% or so LEO's are not going to be disciplined by the police commission and subject to termination (just 10 day suspension as per the COP Gascon), why would the District Attorney's Office choose to prosecute a suspended police officer?"

Especially for the DUI offense. Sure fine 'em; but would they really put interlock devices in their POS's and have them on probation outside of the PD? Also I'm quite sure they would not see the inside of a holding cell in the first place, since it can be argued that one pig will "bend the rules" ala "leniency of the law" for another pig (such as a DUI stop then follows fellow swine home).

|8.30.09 @ 1:53PM|#

Choose to prosecute an UNsuspended

24AheadDotCom|8.30.09 @ 2:50PM|#

While Reason (contributors and commenters) have never heard of him, I have a few posts about George Gascon.

Memo from the Kochtopus: he's on your side, whether you know it or not.

hmm|8.30.09 @ 2:52PM|#

CORRECTION: The amnesty for drunk driving would be with respect to professional disciplinary action, not to possible criminal charges.

Those occur with the DA not the chief.

hmm|8.30.09 @ 3:03PM|#

In other news. It looks like some of Atlanta's black politicians might be, well racist.

Atlanta may have first white mayor in a generation.

|8.30.09 @ 3:07PM|#

Possible criminal charges. Still say unless the DUI case is egregious or assault of person or property damage occurs, I think the investigating pig would hoof slap the sot. LEO's have NEVER been known to scratch each other's backs.

Tricky Prickears|8.30.09 @ 3:44PM|#

All police should be required to run for office every four years.

Source: Jello for Mayor

Also - here

Suki|8.30.09 @ 3:48PM|#

TP,

You did not invoke Nazi extrordianere Jello Biafra, did you?

A broken watch is right twice per day, in the JB case, sometimes.

Tricky Prickears|8.30.09 @ 4:02PM|#

Suki

What makes you say Jello is a Nazi?

Punk ain't no religious cult
Punk means thinking for yourself
You ain't hardcore cos you spike your hair
When a jock still lives inside your head

Nazi punks
Nazi punks
Nazi punks-Fuck Off!

Nazi punks
Nazi punks
Nazi punks-Fuck Off!

If you've come to fight, get outa here
You ain't no better than the bouncers
We ain't trying to be police
When you ape the cops it ain't anarchy

[Repeat chorus]

Ten guys jump one, what a man
You fight each other, the police state wins
Stab your backs when you trash our halls
Trash a bank if you've got real balls

You still think swastikas look cool
The real nazis run your schools
They're coaches, businessmen and cops
In a real fourth reich you'll be the first to go

[Repeat chorus]

You'll be the first to go
You'll be the first to go
You'll be the first to go
Unless you think

Suki|8.30.09 @ 4:18PM|#

What makes you say Jello is a Nazi?

Because of his Corporate Socialist prick-ass leanings. Other than that, nothing.

Tricky Prickears|8.30.09 @ 4:36PM|#

Because of his Corporate Socialist prick-ass leanings.

Umm, how old are you? Were you around in the 80s? Jello is a non-comformist, anti-social, anti-establishment, Anarchist. Ok, he's not a Libertarian. And I don't necessarily agree with everything he has to say. But please don't slap a blanket type label on him just because he doesn't fit into your tiny, small minded world.

Perhaps you need to aquaint yourself with his lyrics from that time period.

Suki|8.30.09 @ 4:52PM|#

TP,

Love all of his lyrics that you like. He is a complete Leftoid, a term I learned right here.

Elemenope|8.30.09 @ 5:05PM|#

He is a complete Leftoid, a term I learned right here.

You have an odd definition of Leftoid.

|8.30.09 @ 5:17PM|#

If Atlata really wants a black mayor, Kwame Kilpatrick is experienced, rested and ready.

|8.30.09 @ 5:30PM|#

Hey, San Francisco has a tradition of amnesty for drug-dealing illegal alien gang members, so it's only fair that the same courtesies be extended to cops who use "inappropriate language," don't you think?

|8.30.09 @ 5:34PM|#

where does thomas sowell live i wonder?

|8.30.09 @ 5:35PM|#

gavin newsome is a prick.

</|8.30.09 @ 6:17PM|#

Were you around in the 80s? Jello is a non-comformist, anti-social, anti-establishment, Anarchist.

He got real quiet after 1992.Fucking Bolshevik prick.

Suki|8.30.09 @ 7:08PM|#

Right on #!

Nipplemancer|8.30.09 @ 7:12PM|#

i've been writing in Jello Biafra for president since I turned eighteen. i consider it my protest vote, because who the fuck really want's Jello as president?

Suki|8.30.09 @ 7:32PM|#

i consider it my protest vote, because who the fuck really want's Jello as president?

The CPUSA crowd?

The Angry Optimist|8.30.09 @ 10:11PM|#

who the fuck is Jello Biafra and why should I give a fuck? And who names themselves "Jello"?

|8.30.09 @ 10:31PM|#

He may well be an improvement over the status quo, first chief in 35 or so years who was not promoted from the ranks. Looks like he wants to do a fairly through housecleaning.

http://www.sfweekly.com/2009-07-22/news/the-outsider/

http://blogs.sfweekly.com/thesnitch/2009/08/proposed_amendment_would_allow.php

Nipplemancer|8.30.09 @ 10:42PM|#

TAO - he was the lead singer of the Dead Kennedys.

</|8.30.09 @ 10:42PM|#

Suki-bot approves....LOL !!!


Cesar(sp)?

Hugh Akston|8.30.09 @ 11:28PM|#

"We don't get anything out of taking a pound of flesh," Gascón said.

I guess that depends on what "we" he's referring to.

|8.31.09 @ 12:54AM|#

I won't comment on this particularly piggish sounding proposal, although Gascon deserves the benefit of the doubt. He is a freshly traded police chief(TO S.F. FROM Mesa,AZ)and while in Mesa he faced relentless attacks on him and his dept. from "America's Toughest Sheriff", Joe Arpaio. To his credit, he resisted the douchebag sheriff and his gangland style tactics.

|8.31.09 @ 1:04AM|#

Well, anyone Sheriff Joe hates can't be all bad...

ed|8.31.09 @ 7:49AM|#

Who the fuck really wants Jello as president?

I don't know who. What I do know is, nobody doesn't like Sarah Lee.