The lawyers for Feidin Santana, who recorded video of a police officer fatally shooting Walter Scott, are hard at work. They have started requiring the media to pay Santana for each time they use the video, citing copyright law.

Some observers may grimace at the idea of a person “cashing in” on one of the gruesome features of our nation: The killing of an unarmed black person by an agent of the state. But before we deplore Santana’s actions and question his motives, let us step into his shoes.

The witnesses to police violence and misconduct often find themselves in a perilous situation with major legal and practical risks and few benefits.

Instead of reflexively deriding Santana’s actions, we should question all the ways our system makes witnesses insecure in their own freedom and undermines their ability to come forward.

Are bystanders with cameras really in control?

It might seem that bystanders with cell phones are empowered.