Reference no: EM13778116

Feedback requires a well-reasoned critique of the student's analysis and thought processes. State whether the student provided adequate support for any assertions that they may have made. If you disagree, you must provide facts or a well-reasoned argument to support your dissenting opinion

Respond Discussion #1

Based on the reading assigned for this discussion question, I can safely say that I would recommend many steps that Nunez integrated in his approach to First Amendment Zones. One of the first items that Nuñez (2011) point out as a helpful tool was meeting with stakeholders in advance to get their input on ground rules. This helped to alleviate any surprises that might occur when the event takes place (Nuñez, 2011). Additionally, by meeting with stakeholders ahead of time the planning process will be viewed as a give-and-take process, which in turn will help to mitigate any aggressive tensions (Nuñez, 2011). Another aspect that I would recommend to Major Warren would be to have the First Amendment Zone within a short distance of the Democratic-Republican National Convention (DRNC) so that protestors can still be seen and heard, but do not pose an immediate threat to political officials. Nuñez (2011) showed in his planning that working closely with partnering agencies like the U.S. Secret Service in planning a safe distance for the First Amendment Zone helped to keep all agencies informed and comfortable with the planning. Lastly, Major Warren should utilize a designated buffer zone placed in between two opposing protest parties. This buffer zone was utilized by Nuñez's (2011) plan and proved to be extremely beneficial in deterring aggressive behaviors from protestors. This buffer zone where no protestors could enter would be filled with a select number of law enforcement officers so as to deter protestors from crossing the barriers to antagonize the other protestors (Nuñez, 2011). Additionally, the officers who occupy the buffer zone space should be trained to identify potential trouble makers early on, and to engage them in conversation so as to reduce any antagonistic emotions (Nuñez, 2011). This technique of humanizing the law enforcement officers has worked well for other agencies, as it minimizes the perception that police officers are just machine-like government employees (Nuñez, 2011).

In regards to the potential disruption from protest groups attending the DRNC, it is recommended to keep law enforcement officers fully informed on what constitutes an unlawful assembly. In order to show that a protestor was going to breach the peace at a protest event, the Florida Senate has clearly articulated the criteria for unlawful assembly in the 2010 Florida Statute 870.02. This statute states:
If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of a misdemeanor of the second degree (The Florida Senate, 2010)

While this statute seems to identify some common knowledge information, the Florida Senate further clarified what constitutes a breach of peace. The 2010 Florida Statute 877.03 for breach of peace or disorderly conduct states:

Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree (Florida Senate, 2010).

Based on these two statutes, it is recommended to Major Warren to utilize specially trained officers that are experts in the area of disorderly conduct and breach of peace during the DRNC. These officers will be able to correctly identify what individuals/groups will become disorderly, and will be able to resolve the problem quickly, without posing a liability on the agency.

Respond Discussion #2

The general policy recommendations that I would make regarding the destination of the first amendment zones is majority of what Nunez stated in the first amendment zones, which is have to meetings with the opposing groups of protestors to lay down the ground rules. Which would include, the designated area of the zones, areas for buses to park, area where the media can be. Also, have a Special Emergency Response Team (SERT) team at each of these destinations as well as areas that are not designated because some protesters don't like having a restriction on where they are allowed to exercise their first amendment right, and might venture to other places.

I'd recommend for each party who is doing peaceful protests and would likely disrupt the event is to have the unlawful assembly to commit a breach of peace Section 870.02, Florida Statutes (2011), which is a misdemeanor violation that is the arrest form must articulate the facts and circumstances giving the arresting officer a reasonable belief that three or more persons had gathered to commit a breach of the peace. Also unlawful assembly after a dispersal order in violation of Section 870.02, Florida Statutes (2011), the arrest form must articulate the facts and circumstances surrounding the predicate dispersal order as contained in F.S.S. §870.04. A risk is that protesters would still riot and not follow the rules. A benefit of the policy is that you have some rules to go by, and most protesters just want to exercise their first amendment rights. The event can still have a good turnout.

Respond Discussion #3

The general policy recommendations would be analogous with best practices illustrated in Dr. Nunez's article. The core principles that work for one agency, should work for another. A first amendment zone is a proven strategy that if protestors are provided and area within sight and sound of who they are protesting then they will gather there. Moreover, it is a means to even out a person's right to protest but also serve the government interest of public safety (King, 2007). While some consider this a crackdown on the First Amendment, it provides a refuge for extremists (Hunt, 2006). Like we did here in Tampa, deploy a mobile field force contingency dressed-down in soft gear such as t shirts, while a fully outfitted mobile unit was dressed and placed on reserve nearby.

The general policy regarding protests groups would again, mirror those techniques that have a proven track record in previous events. Early detection of troublemakers and subsequently relationship building with these individuals will minimize hostility, violence, and vandalism. The technique is effective because it humanizes the contact between the protestor and police. The protestor's perception of police is therefore changed, giving the officer the upper hand in the relationship (Winegar, 2001). Kindness, patience, food and water, will go a long way. The policy should be getting arrested for law breaking, not protesting. As law enforcement, they need to protect the rights of free speech and protest. It's been cited as a new police tactics for dealing with protestors - feed them (Preovolos, 2012). The policy need to exemplify not only going out of the way to be civil, but to be welcoming. Food, water, snacks, and negotiations goes a long way with protestors, especially if they can get their point across without being arrested. Overall, if Major Warren makes good use of his legal policies through temporary ordinances, and spatial tactics to manage protests, it will be a tactically sound, effective security plan.