The Gates Arrest was not an example of racial profiling.  It is not an example of police brutality.  It is not even an example of misuse of authority.  This is why law enforcement groups unanimously stood behind the police officer’s actions and successfully obtained a retraction from the President for remarks in support of Gates.  Still, there is something frightening about this incident to many people.  It is frightening because it is an example of acceptable punitive actions taken by the police against citizens.  Just as the use of force is acceptable only until it becomes “excessive” and punitive.

In this incident, a man got upset with the way police intervened at his home because of some circumstantial and racial misunderstandings. Rather than standing-down the police intimidated, instigated and agitated the situation further for no apparent law enforcement value. The result was an arrest which was clearly not prosecutable because of the circumstances but made anyway as a punishment for the man’s disrespect toward the police officer (which is not a crime and not the crime for which the man was arrested) which is why the police officer refuses to apologize.

Because of the man’s stature, more than anything, the media launched the story using the buzz-word “racial profiling” which shined a spot light on the punitive actions police take against citizens on a whim. I don’t believe administering punishment is a police function.  It is this mentality that can incite brutality. And this is the magical connection, and frightening connection with the Gates Arrest.  We know there are segments of society that are disproportionately affected by punitive police actions.  In the subconscious of many, arresting this man inside or in-front-of his home simply for being upset with the actions of a police officer was wrong.  Punishing him like this was wrong because it is not a function of law enforcement!  Punitive police actions should not be acceptable actions.

So if this is going to be a “teaching moment”, I hope it speaks to the punitive actions being taken by some police.  If disproportionately affected segments of society are to have an expectation of fairness from law enforcement instead of fear, we need to define and protect against these punitive actions by law enforcement which are so acceptable today, that police officers will not even consider offering an apology for them.