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Caught in the act? Videos of police can mislead

KANTELE FRANKO
Associated Press

BEAVERCREEK, Ohio (AP) — A man walks through Wal-Mart, holding something to his ear as he passes a gun case. He leans toward a shelf and steps back into view, now holding a long, dark object — a gun? — as he walks past customers, who show no obvious reaction. Eight minutes later, surveillance video from a different angle shows him farther away. Suddenly he drops the object and crumples to the floor. Two more people come into view, walking toward him with firearms drawn.

Was it a justified fatal shooting by police or an unreasonable use of force? Does the soundless video offer enough information to answer that question?

In the Wal-Mart case and others, cameras meant to help catch bad guys or document police actions are drawing attention for capturing officers using force. The public circulation of those images increases transparency, but it also adds the risk of viewers rushing to judgment based on only part of the story.

“You might see a video and think that because you’re seeing an actual sort of account of what happened, you know the whole story. And it’s very rare that a video is actually going to be able to tell the whole story,” said Ric Simmons, an Ohio State University professor of criminal law.

At that Wal-Mart in Beavercreek, outside Dayton, 22-year-old John Crawford III was talking on a cellphone and picked up an air rifle on Aug. 5. A 911 caller reported seeing someone waving a gun and pointing it at people. Police said Crawford was shot when he didn’t respond to officers’ orders to drop the weapon, something the video can’t prove because there’s no audio.

Crawford’s relatives and their attorneys say he was “shot on sight” with no chance to respond and that the video proves the shooting was unreasonable. A grand jury concluded it was justified. A federal investigation is pending.

Sometimes a video instantly offers incriminating evidence. In South Carolina this month, a state trooper was fired and charged with assault after his dashboard video, with audio, showed an unarmed driver being shot in the hip. The trooper asks to see his license, the driver turns, the trooper orders him out of the car and fires, and the driver staggers back, his wallet flying from his hands as he raises them.

But video evidence doesn’t guarantee that legal outcomes will align with public perception. Many thought the 1991 videotape of the Rodney King beating by Los Angeles police would guarantee a guilty verdict against officers; instead there were acquittals and a mistrial.

Since then, public evaluation of cases involving police action has changed with the growth of video-sharing via social media and the prevalence of video-capable smartphones, surveillance and police recording technology, said Thaddeus Hoffmeister, a University of Dayton professor who teaches criminal law.

“It’s going to come more and more into play that the average citizen is going to be able to see what happens and make the judgment call,” he said.

In some cases, video may add more confusion than clarity. Police video from multiple angles provided different evidence in a 2003 fatal shooting of an unarmed driver by police in Shreveport, Louisiana, after a chase. Those officers, who said they mistook a cellphone for a gun in Marquise Hudspeth’s hand, were cleared of civil rights violations in his death.

Experts say images of such actions can affect how the public views law enforcement and use of excessive force.

“When they see these videos, they’re coming to the conclusion that misconduct is more common than they thought,” said Tim Lynch, director of the libertarian-leaning Cato Institute’s National Police Misconduct Reporting Project.

But legal experts note that in many cases, video supports the validity of officers’ actions. Pittsburgh officials determined a police officer didn’t use excessive force when he punched a woman at a gay pride event in June, an encounter caught on video. The following month, a Green Bay, Wisconsin, police officer shown throwing a man to the ground in a video posted on YouTube was cleared of allegations that he used excessive force.

The abundance of video and video sources is a positive development for police and a useful tool to get to the truth, but policies and training are still catching up to the technology, said John Firman, who directs the International Association of Chiefs of Police research division. To address that gap, the IACP is in the process of developing guidance for police in situations where they’re being recorded, he said.

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Welsh-Huggins reported from Columbus, Ohio. Contributing to this report were Associated Press writer John Seewer in Toledo, Ohio, and AP News Researcher Jennifer Farrar in New York.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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