The End of Policing

tags

Police

Notes

Skeleton

1. The Limits of Police Reform

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Police argue that residents in high-crime communities often demand police action. What is left out is that these communities also ask for better schools, parks, libraries, and jobs, but these services are rarely provided

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Part of the problem stems from a “warrior mentality.” 9 Police often think of themselves as soldiers in a battle with the public rather than guardians of public safety

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Excessive use of force, however, is just the tip of the iceberg of over-policing

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the vast majority of these arrests and convictions have been conducted lawfully and according to proper procedure but their effects on individuals and communities are incredibly destructive

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Such training ignores two important factors in Garner’s death. The first is the officers’ casual disregard for his well-being

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The second is “broken windows”-style policing

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liberals had unwittingly unleashed urban chaos by undermining the formal social control mechanisms that made city living possible

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empower the police to not just fight crime but to become agents of moral authority

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Broken-windows policing is at root a deeply conservative attempt to shift the burden of responsibility for declining living conditions onto the poor

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Most officers have already been through some form of diversity training and tend to describe it as politically motived, feel-good programming divorced from the realities of street policing

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institutional pressures remain intact

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emphasis has shifted heavily toward officer safety training

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officers are repeatedly exposed to scenarios in which seemingly innocuous interactions with the public, such as traffic stops, turn deadly

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In Ohio it is legal to carry a gun openly, but the officer had been trained to use deadly force upon seeing a gun

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Some of these groups serve both military and police clients and emphasize military-style approaches and the “warrior mentality"

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Even the most diverse forces have major problems with racial profiling and bias, and individual black and Latino officers appear to perform very much like their white counterparts.

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the basic nature of the law and the police, since its earliest origins, is to be a tool for managing inequality and maintaining the status quo

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even racially neutral enforcement of traffic laws will invariably punish poorer residents who are least able to maintain their vehicles and pay fines

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Well-trained police following proper procedure are still going to be arresting people for mostly low-level offenses, and the burden will continue to fall primarily on communities of color because that is how the system is designed to operate—not because of the biases or misunderstandings of officers.

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What distinguishes the police from other city agencies is that they can legally use force.

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When their job is to criminalize all disorderly behavior and fund local government through massive ticketing- writing campaigns, their interactions with the public in high-crime areas will be at best gruff and distant and at worst hostile and abusive

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community meetings tend to be populated by long-time residents, those who own rather than rent their homes, business owners, and landlords

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legal, institutional, and social impediments to prosecuting police

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prosecutors tend to take a greater role. However, they must rely on the cooperation of the police

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close working relationship between police and prosecutors, normally an asset in homicide investigations, becomes a fundamental conflict of interest

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because DAs are usually elected, they are often reluctant to be seen as inhibiting the police

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Prosecutors spent months collecting and presenting evidence. While this made them appear thorough, it also created a public “cooling off” period

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even when a prosecutor is motivated, there are huge legal hurdles

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mindset of juries. Popular culture and political discourse are suffused with commentaries about the central importance of police in maintaining the basic structural integrity of society as well as the dangerous nature of their work—as misguided as both may be

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jury bias exacerbates racial disparities in criminal justice outcomes

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White jurors are much more likely to side with police, regardless of the race of the officer and the person killed.

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Body Cameras

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problem of officer compliance

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privacy and civil liberties concerns

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perhaps the footage should be under the control of an independent body and not the police

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Much of the militarized weaponry comes directly from the Pentagon through the 1033 Program

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Offenders who are committed to evading police are more likely to use deadly force precisely because they know the officer is armed

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Traffic stops would be less deadly for officers and the public if police carried no weapons

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The fact that police feel the need to constantly bolster their authority with the threat of lethal violence indicates a fundamental crisis in police legitimacy.

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We must stop looking to procedural reforms and critically evaluate the substantive outcomes of policing

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A kinder, gentler, and more diverse war on the poor is still a war on the poor.

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when biased policing is pointed out, the response is to circle the wagons, deny any intent to do harm, and block any discipline against the officers involved

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Any real agenda for police reform must replace police with empowered communities working to solve their own problems

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Communities must directly confront the political, economic, and social ar rangements that produce the vast gulfs between the races and the growing gaps between the haves and the have-nots

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we need a robust democracy that gives people the capacity to demand of their government and themselves real, nonpunitive solutions to their problems.

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2. The Police Are Not Here to Protect You

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Crime control is a small part of policing, and it always has been.

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Even detectives (who make up only about 15 percent of police forces) spend most of their time taking reports of crimes that they will never solve —and in many cases will never even investigate.

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there is no correlation between the number of police and crime rates. (seems to disagree with Levitt (Levitt, S. D.: Understanding Why Crime Fell in the 1990s: Four Factors that Explain the Decline and Six that Do Not 163–190))

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police exist primarily as a system for managing and even producing inequality by suppressing social movements and tightly managing the behaviors of poor and nonwhite people

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policing emerged as new political and economic formations developed

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state power was significantly expanded in the face of social upheavals and demands for justice

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the new state police routinely showed no interest in crime control, serving strictly as publicly financed strikebreakers

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main concern of this period was not so much preventing rebellion as forcing newly freed blacks into subservient economic and political roles. New laws outlawing vagrancy were used extensively to force blacks to accept employment, mostly in the sharecropping system

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politicians were anxious to find new ways to harness the support of white voters in the wake of the civil rights movement.

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the federal government crashed the economy in the 1970s to stem the rise of workers’ power

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what counts as crime and what gets targeted for control is shaped by concerns about race and class inequality and the potential for social and political upheaval

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3. The School-to-Prison Pipeline

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improving test scores becomes the primary focus, pitting teachers’ and administrators’ interests against those of students. 7 A teacher or administrator who wants to keep their job or earn a bonus has an incentive to get rid of students who are dragging down test scores through low performance or behaviors that disrupt the performances of other students

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schools with less punitive disciplinary systems were able to achieve a greater sense of safety for students, lower ar rest and suspension rates, and fewer crimes

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Restorative justice programs

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4. “We Called for Help, and They Killed My Son”

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officers relied on standard procedure for an armed suspect, which is to yell commands and prepare to use deadly force—even though most of them had received training in how to deescalate confrontations with PMI

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This whole scenario rests on the suicidal person’s assumption that they will be confronted by an armed police officer. The dynamic might be very different if the responder instead was an experienced civilian mental health worker

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The cost of housing people and providing then with mental health services is actually lower than cycling them through emergency rooms, homeless shelters, and 19 jails, as numerous studies have shown.

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The cost of housing people and providing then with mental health services is actually lower than cycling them through emergency rooms, homeless shelters, and jails, as numerous studies have shown

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it is not reasonable to expect a patrol officer to make a meaningful clinical assessment of patients in the field

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the focus is on abating nuisances and saving money rather than developing a rational system for delivering necessary mental health care.

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incarcerating PMI costs two to three times what community-based treatment does

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5. Criminalizing Homelessness

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self-help and twelve-step approaches that rarely succeeded in part because there were no permanent housing, jobs, or sustained health services available

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All three of the above-mentioned men posed regular threats to public order and in some cases public safety. The use of the police to manage those threats, however, was largely ineffective and ultimately deadly

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The criminal justice system, with its emphasis on punishment, could not address the underlying and intertwined problems of homelessness, mental illness, and substance abuse that drove their problematic behaviors, leaving police the unenviable task of “managing” them

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“quality of life” concerns play into the broader sense of insecurity felt by people who see their standards of living declining

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A recent study in New York City found that of the 800 people who spent the most time cycling through the jail system, over half were homeless. The top charges 9 possession, and trespassing. in these cases their impact certainly communities. petit larceny, drug Constantly rear resting homeless people for these offenses does little to alter on were And it future behavior doesn’t or help reduce their to end their spent $129 homelessness. The cost of this process is exorbitant. New York City million over 5 years to jail those 800 people.

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6. The Failures of Policing Sex Work

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strong tendency among police to view prostitution in highly moral terms

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The prohibitionist approach assumes that strict enforcement of the law, whether it is directed at the provider or the client, will deter prostitution. The evidence, however, shows that even the most intensive policing efforts fail to produce this effect

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restoring morality to the cities, which had been “polluted”

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coercive and manipulative foreign men

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In 2015 the US Attorney’s office in New York raided the offices of Rentboy.com, a website where mostly male sex workers advertised their services. All the employees were ar rested and the business shuttered, despite the absence of a single complaint from anyone using the site

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When sex workers are forced to labor in a hidden, illegal economy, they have little recourse to the law to protect their rights and safety

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Criminalization also strengthens the hand of pimps, organized criminals, and traffickers

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Simplistic “rescue” efforts fail to deal with the depth of isolation and hardship facing these people

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police often regard possession of condoms as evidence of prostitution

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lower-level corruption remains widespread. Police are regularly arrested or fired for providing protection for brothels or making financial or sexual demands on individual sex workers

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“Nordic model”

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evidence of a decline in the overall number of prostitutes and an increase in the price of services

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drop in the supply of sex workers rather than a decrease in demand

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must still work covertly

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sex workers have lost custody of their children; others have been evicted

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women must often work alone, as opposed to their having an organized setting in which security and working conditions could be more easily controlled and improved

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Since these programs are only available after an ar rest, the police still have tremendous discretion in determining who is a sex worker and whether they should be put into the criminal justice system

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little impact on the total population of sex workers

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Alternatives

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completely rethink the use of punitive mechanisms for managing the social and individual harms associated with sex work

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many choose this work over low-paid employment in sweatshops, diners, hotels, and kitchens. All of these workplaces can also be demeaning, dangerous, and even sexually exploitative

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most cycled between sex work and low-paid service work. Most prefer red sex work

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Legalized sex work has dramatically reduced the role of organized crime and police cor ruption and in many cases allows for greatly improved working conditions

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the subordinate position of women in our economy and culture is the real harm left unaddressed

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7. The War on Drugs

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The War on Drugs is the most damaging and ineffective form of policing facing us

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mountain of evidence that shows that most users suffer no significant harm, and that most harms that do occur could be reduced by ending, not expanding, the War on Drugs

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The current increase in heroin use, especially overdoses, is directly tied to prohibitionist policies

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Prohibitionist policies, including restrictions on research, have led doctors to rely on opioids in circumstances where marijuana might be used

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managing “suspect populations.”

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Arguments in favor of restricting these drugs had a profoundly racial character

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President Nixon “emphasized that you have to face the fact that the whole problem is really the blacks. The key is to devise a system that recognizes this while not appearing to.”

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We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities

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half of all federal prisoners are incarcerated for drug crimes, as are about a third of all state prisoners

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asset forfeiture laws, which typically allow police forces to keep assets they seize in drug raids and investigations. This gives departments a strong financial incentive to pursue the drug war aggressively

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wide array of drug “fishing expeditions” in hopes of finding valuables to seize

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owners came forward with videotapes showing that police conducting raids were also emptying cash registers into their own pockets and carting off loads of merchandise

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Most of the major police scandals of the last fifty years have had their roots in the prohibition of drugs

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even in major concerted drug raids involving specialized units and extended investigations, no one was ever prevented from getting drugs for more than a couple of hours

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prohibition actually undermines health outcomes for drug users

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International Effects

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The US policy of deporting anyone ar rested on drug charges has also had a destabilizing effect on several Central American countries

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drug courts meld together punitive and therapeutic approaches in very counterproductive ways that extend rather than reduce the role of the criminal justice system in the lives of drug users

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In 2001, Portugal decriminalized all drugs and dramatically shifted its enforcement practices to a harm-reduction model. The results have been mostly very favorable

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Social than formal, punitive norms are always ones. Look at the more alcohol abuse rates and problem behavior in places like Italy and France. Public drinking there is widespread and almost completely unregulated, even for minors, but public intoxication and alcoholism are mostly absent

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8. Gang Suppression

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The dynamic between street gangs and the police looks a lot like a war between competing gangs, with each side using constantly increasing terror to try to show who is toughest.

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Even in the most gang-intensive communities, only 10 to 15 percent of young people involvement are in gangs; research consistently shows that most is short-lived, lasting on average only a year

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The whole idea of one or two misunderstanding of leaders directing the horizontal gang nature of activity is itself a gangs

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intensive gang enforcement breeds gang cohesion

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Reforms

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Alternatives Redirecting resourc

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reduce racialized segregated poverty, provide troubled kids with sustained treatment and support, and provide communities with tools to better self-manage their problems without the use of armed police

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The United States is more segregated today than ever before. It allows up to 25 percent of its young people to grow up in extreme poverty

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Michael Fortner argues that African Americans played an important role in ushering in the era of mass incarceration and overpolicing by demanding that local government do something about crime and disorder. What this analysis misses is that many of these same leaders also asked for community centers, youth programs, improved schools, and jobs, but these requests were ignored

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active, positive adult involvement in the lives of these young people would be a major step in the right direction. This would require developing the capacity of parents to be more involved, which means looking at the structure of working hours and the high costs of childcare

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9. Border Policing

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US border enforcement has been primarily about the production of whiteness and economic inequality

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border has never been truly closed to poor immigrants. They have been allowed in, with tight regulation, or officially denied entry but in practice allowed to enter in large numbers, with few legal protections from employer exploitation and abuse

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Despite the prosecution and incarceration of three-quarters of a million people at the border, they found no deterrent effect on migrants

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Police, prosecutors, and judges all see the futility

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The massive enforcement buildup has made the border a much more dangerous place

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The Border Patrol has never had any effective accountability mechanism

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Until the Clinton administration, unauthorized cross-border migration was widespread, yet it did not lead to the collapse of the American economy or culture. In fact, in many ways it strengthened it

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By opening the doors to capital and goods but not people, we have created tremendous pressure to migrate

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Migrants are human beings who are no better and no worse than Americans and should enjoy the same rights and opportunities

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We should be working to improve the conditions where people come from and allowing them access to the opportunities we have

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10. Political Policing

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Efforts to deal with crime and everyday public safety have been consistently sidetracked in favor of beefing up intelligence-gathering and developing more sophisticated systems of suppressing political activity

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In the absence of any evidence or even allegation of criminal activity, the police routinely collect information on political activists whose philosophy runs counter to existing political arrangements.

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disturbing trend in which local police are asked to provide security updates for the private sector about the threat of demonstrations—essentially political threat assessment

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always focused on detecting and disrupting movements that threaten the economic and political status quo, regardless of the presence of criminality

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overwhelmingly focused on the left, especially those movements tied to workers and racial minorities and those challenging American foreign policy

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In the 1960s, the FBI’s Counter Intelligence Program, or COINTELPRO, is now known to have kept files on millions of lawful activists and engaged in the active disruption of movement organizations through false letters, infiltrators, and the use of agents provocateurs

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arrests and violence were often the result of discriminatory police action, rather than actual criminal wrongdoing

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Since civil disobedience actions have become a mainstay of social movement activity, almost all social movements participate in some form of technically illegal activity

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it is not at all clear that these measures advance public safety

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the right to protest cannot be abridged because of the threat of illegal activity or even the commission of violence nearby

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Collectively punishing protestors because they are protesting while others are setting fires is an abridgement of fundamental rights.

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Alternatives

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could have initiated a real conversation about the economic, social, and political dynamics that have contributed to the profound alienation of African Americans

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Local politicians knew that a criminal indictment was highly unlikely but took no steps to reduce the rage they knew would result.

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reduce the political conflicts that generate disruptive protest movements

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When normal political channels are closed off, street politics become more common.

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Decisions about the granting of permits and the plans for deploying police should be largely removed from police control

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Conclusion

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As long as the basic mission of police remains unchanged, none of these reforms will be achievable

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For thirty years we’ve been told that the result will be a rising tide for everyone; a trickling down of the spoils— but we’re still waiting.

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Every time we look to the police and prisons to solve our problems, we reinforce these processes

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Notes

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Further Reading

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Index

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