"If you can't beat 'em, lynch them."
Such is the recently adopted motto of the Oakland Police Department. Of course lynching isn't what it used to be "back in the day." (or even in Clarence Thomas' day). As Susie Cagle explains:
California’s 1933 anti-lynching law was largely aimed at preventing racist crowds from overtaking police attempting arrests of black people and enacting their own version of murderous "justice."
But lynching is now what happens when you shout "Help!" as the police grab you. Currently, as well as historically, it is being used by the Oakland police against -- you guessed it -- African Americans and the likes of Tiffany Tran, seen above as she is being arrested on December 30th while participating in an Occupy Oakland protest.
Tiffany was eventually released and the charges were dropped. But not before news of this latest tactic of "low-tech lynching" had traveled across the world via Twitter and blogs. No screaming headlines about lynchings occurring in Oakland appeared locally or nationally (try Googling Oakland lynching -- almost nothing), possibly because the mainstream local media is for all intents and purposes chattel in the hands of the police and City Hall as far as I can tell.
Background on California lynching:
California's Anti-Lynching law was passed in 1933. It states that: "The taking by means of" riot of any person from the lawful custody of any peace officer is a lynching...
In People v. Jones, 1971, an appellate judge says that attempting to free someone from arrest by "means of riot" presents a danger to police officers and the intent of the law is to protect them. "Riots" are assemblies of two or more people that are so designated by authorities, i.e., the police...
The judge in re Anthony J., 1999 cites Jones and states:
we conclude that a person who takes part in a riot leading to his escape from custody can be convicted of his own lynching..
And there you go. Not only can you be arrested for lynching by trying to prevent a police officer from arresting someone else (or just for the hell of it, if you happen to be in reach of the Oakland Police), you can be arrested for lynching yourself. As blogger mikulpepper puts it:
There was an unruly crowd at Frank Ogawa Plaza, the police called it a riot, and Tiffany Tran called out for help as she was being arrested which insulted the police. Obviously she attempted to lynch herself.
California Penal Code regarding lynching:
405. Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.
405a. The taking by means of a riot of any person from the lawful custody of any peace officer is a lynching.
405b. Every person who participates in any lynching is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years.
I will leave it to others perhaps more qualified than I to expound on the symbolism of the City of Oakland charging its citizens with "lynching" in a town where African Americans make up the plurality of its residents.