“In his quest to solidify crimes against justice penalties, particularly death sentences for murderers of first responders, Congressman Buchanan’s intentions are good, but limited in scope.”
It seems absolutely befitting that the passing of the Thin Blue Line Act by the U.S. House coincided with the commemoration of fallen police warriors during National Police Week 2017. We live in a time where news of barbaric cop killers seems to be growing exponentially, and lawmakers are recognizably piecing together legislation to potentially thwart the mindsets of would-be cop killers as a response.
Why “potentially”? Because some malcontents are depraved, maladaptive, and beyond reason. No legislation can subdue every evil thought and plan.
Introduced by Congressman Vern Buchanan (R – Florida), the Thin Blue Line Act passed the U.S. House on May 18, 2017 by a vote of 271-143. As of May 22, the bill is pending before U.S. Senate for consideration before enactment. If successful, the Act’s provisions would not only cater to police officers, but also firefighters and paramedics. Reminiscent of the eye-for-an-eye testament, language in the Act concisely describes its inherent purpose: it “would make the murder or attempted murder of a police officer, firefighter, or other first responder an ‘aggravating’ factor in death penalty determinations.”
In essence, the Act’s core ingredient engenders an automatic common denominator of asserting the death penalty for those convicted of attempting or successfully murdering a cop, firefighter, or paramedic.
Congressman Buchanan said during his efforts to get his bill passed that “(t)he House must swiftly act to protect our police officers and first responders.” Definitely commendable, but there is a misnomer in this statement and the bill’s intent. The language in this bill holds offenders accountable for their actions against police. It does not “protect” public safety responders. Further implications of the bill are that violators entertain the notion that such laws are present. Will assailants pause to ponder the ramifications of their menacing will and subsequently refrain? If so, only then does the bill “protect” first responders from murderous miscreants.
Limitations
The Thin Blue Line Act is not without limitations however. Some of the language in the supporting statement of House Judiciary Committee Chairman Bob Goodlatte actually underscores the limited reach of the Thin Blue Line Act:
“Every day, federal, state, and local law enforcement officers around the country protect their fellow citizens from harm, keep the peace, and carry out justice. As they serve and protect us, we have a duty to ensure they have the tools needed to do their jobs and that our laws honor their sacrifices. I thank Congressman Vern Buchanan for his work on the Thin Blue Line Act. This bill ensures criminals who murder law enforcement officers face justice for their crimes.”
Notice that Chairman Goodlatte denotes “federal, state, and local law enforcement officers…” and that Congressman Buchanan’s language has the following exclusions:
“It covers federal, state and local police officers, firefighters, and first responders. The only requirement is that the homicide involve federal jurisdiction, such as the interstate homicide of an officer, or an officer killed on federal land, or while serving as part of a [deputized] joint task force.”
Sometimes, local cops are sometimes conferred federal status after being deputized by a federal agency, availing broader jurisdiction, access to federal resources and, in this case, the protection of federal codes such as the Thin Blue Line Act. But it is rare.
My agency had such a co-opted program whereby our street crimes officers were deputized by the US Marshals Service and for rounding up fugitives. Under the auspices of the feds, local cops were able to join federal task forces and go beyond their respective jurisdictional boundaries. It is in this context that the Thin Blue Line Act’s intended applications will come to fruition.
While we are on the topic of deputizing, I have never heard of a deputized firefighter or paramedic. When it comes to infernos or medical emergencies, firefighters and emergency medical service officials are not typically confined to a predetermined plot of territory like cops.
In his quest to solidify crimes against justice penalties, particularly death sentences for murderers of first responders, Congressman Buchanan’s intentions are good, but limited in scope. The Thin Blue Line Act has hiss but is tethered to a federal leash since the vast majority of America’s 900,000 or so cops are employed in city, county and state jurisdictions, and only a minuscule number become federally deputized to join federal task forces.
Chairman Goodlatte’s House floor speech in support of the Thin Blue Line Act contained these watered-down qualifications: “Mr. Speaker…it is true that the scenarios where the provision in H.R. 115 applies may be limited. It is true that the vast majority of homicide cases are prosecuted in state courts. It is also true that the circumstances where the defendant killed a state or local law enforcement officer during the commission of a federal capital offense are probably limited.” The word “limited” appears twice in that paragraph.
Mr. Goodlatte goes on to say: “H.R. 115 is straightforward, common-sense legislation, which will provide all the men and women of law enforcement, who serve and protect our communities every day, with the support they deserve.” Note the word “all” in that statement.
State Laws
Overcoming any limitations presented by Congressman Buchanan’s bill, states have begun legislating Thin Blue Line laws of their own. Called the Blue Lives Matter law, in 2016 Louisiana was the first to toughen its laws regarding crimes against police. As reported here on OpsLens, Mississippi passed their Back the Badge Act in March 2017, effectively tripling consequences for crimes against police. Kentucky also implemented its Blue Lives Matter bill in 2017.
In the context of state lawmakers conceding recognition of their cops, state statutes cover what Mr. Buchanan’s Act may not. Nevertheless, pillaring police in any facet is more than what we had when cops were being felled by sniper-fire because they donned a uniform and pinned a badge.
Given that Congressman Buchanan’s Thin Blue Line Act has some constraints, can we nonetheless conceive as a nation that crimes against justice are essentially crimes against us all? Why did 143 lawmakers vote against this Act? Was it political party affiliation? Anti-death penalty philosophy?
President Donald Trump summed it up well during his National Police Week speech, when he said: “Every drop of blood spilled from our heroes in blue is a wound inflicted upon the whole country.”
So as not to be misinterpreted, I commend Congressman Buchanan’s bill and its intent. I emphatically would love to see it applied to every single cop in the nation, even if overlapping similar state laws. I suspect 143 other lawmakers see it differently.
