Tag Archives: police reform

Liberty is Security, and Security is Liberty

A brief article over at Reason summarizes a couple of recent political studies that show that creating restrictions to combat terrorism actually increases the risk of terrorism*. In one case, religious restrictions foment religious violence. In the other case, restrictions on the freedom of expression in the name of security provokes violence. These studies provide evidence that security is better served by maintaining liberty, rather than curtailing it. While this is useful empirical evidence, we can make a stronger case for maintaining liberty for the purpose of security.

Let’s start with a real-world example.

On November 15th, sheriff’s deputies knocked on the door of John Livingston, a 33 year old father, looking for a suspect in an assault investigation. The deputies asked to enter and search the premises, and Livingston told them to get a search warrant, as is his right, and closed the door. Instead, the deputies broke down the door and began beating Livingston. The deputies tased, maced, and finally shot him four times. Livingston was unarmed, and was called a “very kind man and an incredible carpenter”.

It would seem to me that John Livingston was not very secure.

This is precisely the practical purpose of the administrative restrictions that are placed on state agents. Without courts and other limiting institutions on state action, which we might also call liberty, citizens do not have security against agents of the state. We can dismiss the people who say that state agents only go after people who have done something wrong. The way they figure out if you’ve done something wrong is by investigating you, which involves all sorts of potential violations of the citizen’s dignity. And then they’re wrong (or biased, or just plain malicious) all the time.

It is not only that liberty contributes towards security, as the Reason post suggests, but liberty is security. Thus, when people (well, fools) say that we must “give up some liberty for more security”, they are actually suggesting a logical contradiction. They would be suggesting that invasions of our homes and privacy, or threats to our lives or freedom, somehow make us safer.

 

*Note: “terrorism” is not a word with any useful or precise meaning.

Campaign Zero Releases Ten-Point Police Reform Program

An organization called Campaign Zero has released a comprehensive ten-point police criminal justice reform program this past week. The organization affiliates itself with #BlackLivesMatter. In producing the policy demands, it used the best recent research and lawmaking in regards to police practice and reform.

The ten reform policies are as follows:

  1. End Broken Windows Policing: “Broken Windows” is the policing theory that major crimes stem from minor crimes. The NYPD is infamous for its aggressive execution of Broken Windows policing. This has led to massive racial profiling by the NYPD, and, in using police force against the sale of loose cigarettes, the death of Eric Gardner. Even if Broken Windows is correct, criminalization and the use of police power is not an effective way to reduce minor disorder. In addition, some public disorder is caused by the mentally ill, who are not within the bounds of criminal law. Instead, police forces or other public agencies should establish “mental health crisis” teams that know how to handle the mentally ill.
  2. Community Oversight: Campaign Zero advocates civilian commissions for disciplining police officers and nominating police chiefs. Also, they want an independent complaints office to be established that can promptly investigate citizen complaints. Both of these offices need to be free of police influence.
  3. Limit the Use of Force: Campaign Zero looks to multiple cities for reform of use of force policies, which include restricting the use of deadly force and high-speed car chases, reporting all deaths and injuries caused by the police, and improved de-escalation training.
  4. Independently Investigate and Prosecute: Because standard prosecutors are often the allies of the police (for organizational reasons), special prosecutors and independent investigators will be needed for police misconduct.
  5. Community Representation: The police should become more diverse, to reflect the community that they police. However, this is more a reform of image and not substance. We already know that more diverse police forces are not less violent.
  6. Body Cameras and Filming of the Police: The demand for body cameras on police is by now well-established. When they work, they reduce the use of force. When they don’t, it’s because that police force has already figured out how to game the camera. Laws permitting filming the police are also popular, but not respected by the police in the jurisdictions where such laws are in effect.
  7. Training: Police training tends to focus on the use of force and officer safety, out of all proportion to actual need. Police training needs to be geared more towards social interaction, rational de-escalation rather than authoritarian command, and what role police are meant to play in society (they are not there, as one police chief put it, to “tell people what to do”).
  8. End For-Profit Policing: “For-profit” policing is a bit of misleading rhetoric. At first glance, I thought it meant the takeover of public safety by private for-profit security forces, which also needs to end. Campaign Zero also means the pernicious practice of using misdemeanor law and civil asset forfeiture to fill the coffers of the municipality. Ferguson PD were clearly ruining the lives of its black citizens to extract fines and fees for the municipality. It could be as subtle as reducing the timing of the yellow traffic light to get more violations against the red light (while also increasing accidents).
  9. Demilitarization: Campaign Zero is a light touch here, demanding an end to the federal 1033 Program and restricting the purchase of military-grade weapons and the use of SWAT teams. I think that we can safely say that there is no real need for police departments to have any military weapons. Also, no local police department really needs a SWAT team. Local police use SWAT frivously and dangerously, resulting in unnecessary deaths. Most famously, a SWAT team in Georgia burned a hole through a baby after throwing a tear gas cannister into her crib. State-level mobile SWAT-style teams would use less personnel and material, and they would be used more appropriately because of their scarcity.
  10. Fair Police Union Contracts: Campaign Zero advocates for revising police union contracts to remove the ridiculous privileges that place police officers above the law, such as blocking investigations or ensuring continued pay after killing someone. I disagree strongly. Sworn law enforcement officers of the state are not normal employees who need protection from their employer. As the last year has hopefully made clear, we need protection from them. Instead of renegotiating union contracts, police unions should be banned altogether. This is something I wouldn’t say about any other labor union, of course, but the police aren’t any other worker.

Campaign Zero has made a great start. Yet I think effective long-term reform requires further policies:

  1. Disarm Police Patrols: The police of the British Isles and of New Zealand demonstrate that alternative police weapon policies are safe and effective, especially at saving the lives of citizens. Police forces in these countries have special firearms units, while the rest of the force either uses non-lethal weapons, or requisitions a firearm in special circumstances. (This hasn’t made the United Kingdom any less of a neoliberal police state, but that has more to do with its collapsing political system.)
  1. Limit the Scope of Police Jurisdiction: Criminal justice is used for everything in the United States. Is the neighbor’s party too loud? Call the police to tell them to keep it down (you never know what kind of people they could be). The police also handle homelessness (by forcing them out of the city), drug abuse (by arrest), and mental health crises (see above). And recently, SWAT teams have been used to serve health or zoning code violations (there might possibly be drugs on the premises!). Violence from the police would be less likely if the scope of their activities were constrained. Some of this police overextension can be solved through decriminalizing various activities. Portugal famously decriminalized drug use with no ill effect, while New Zealand legalized prostitution, greatly improving the health and well-being of sex workers. Many police functions do not require police powers, that is, the power to deprive persons of their liberty and to search them and seize their property, either by warrant or probable cause. Also, in some jurisdictions, bearing arms for those purposes. But these powers are not needed in many of the cases that the police currently handle. Unarmed civilian employees, either as part of the police service or another agency, could handle mental health crises, community patrol, criminal investigation, traffic management, first response and general services. If police powers or firearms are needed, then law enforcement officers can be called in.
  1. Break the Police Unions and Solidarity: See above. If ComGlobeCorp can break the will of a union for wanting an extra dollar a day, then surely we can break the police unions that protect killer cops.
  1. Break the Cult of Violence: Working to end police violence is a difficult battle, although the tide may be turning. With all that killing on all those cell phones, people can no longer look away. The battle is difficult because the amygdala is a powerful component of the brain. The amygdala is the part of the brain that tells you that killing will work, because you are afraid. It’s a short-term solution that is very satisfying to the ape brain. People are afraid of school shootings, so they want armed police in schools, even though that’s resulted in tasered children, handcuffed four year olds, and elementary school children arrested for writing on their desk. There’s another mass shooting, so people buy more guns, even though owning a gun makes you more likely to be the victim of a shooting death.

The alternative is reason, of course. This means the application of the most successful methods for criminal justice and public safety. Violence, as a significant cost, does not factor into many of these methods.

Killer Cop Indicted!

This past November, NYPD officer Peter Liang shot and killed Akai Gurley. Gurley and his girlfriend were descending the stairs of their housing project. Liang had opened the door with the hand holding his gun, and the gun fired a single shot. Upon finding Gurley dying in the stairwell, Liang immediately texted his police union representative. Now a Brooklyn grand jury has indicted Liang for second-degree murder, criminally negligent homicide, second-degree assault, reckless endangerment, and official misconduct. This indictment, contrasted with the failure of indictment in the Garner case, demonstrates that protests, including riots, can bring change. I think there are several good reasons to believe this.

First, indictments of police for shootings are uncommon, no matter how irresponsible or unjustified. Police are judged to be more credible witnesses by juries, even when their stories are childish fantasies, as in the testimony of Darren Wilson before the Ferguson grand jury. Also, prosecutors require police cooperation in testifying on the state’s behalf in trials, among other things. Thus, prosecutors are not eager to prosecute police. That the Brooklyn DA got an indictment is unusual.

It’s especially unusual in the Gurley case. In the Garner case, the Staten Island grand jury did not indict Daniel Pantaleo, despite watching Garner’s murder on videotape. There, the chokehold (or “carotid hold”) used was entirely unwarranted, the victim announced that he was unable to breathe, and yet Pantaleo persisted. This was not just a murder, but a malicious, callous murder. Not only should Pantaleo have been indicted and prosecuted, but also the police and EMTs for failing to attempt revival, despite being required to do so. However, the Gurley case was apparently an accident. It was an accident that should not have occurred had the officer been competent, but nevertheless accidental. Yet the Brooklyn grand jury (rightly) piled on the counts against Liang.

This outcome seems unlikely without the continued bravery of the protestors against police misconduct and racial partiality. It is common in history, though, that power grants concessions to demotivate social movements. With the possibility that justice might be done for the (mostly black) victims of police violence, the movement for police reform and racial justice might slow down. I hope that the movement will accept nothing less than complete victory and comprehensive police and criminal justice reform!

Police Reform Programs

Welcome to the end of the Police Reform Series! We have looked at the legitimacy and effectiveness of the police as an institution, and examined solutions to police violence based on research and policy experimentation. Now we can design programs for police reform.

In a rational society, reform would be a matter of social deliberation, refinement, and implementation. But our society is not rational. Implementing reforms mean struggle, in the streets and in the halls of power. The beneficiaries of the social structure fight for their power and wealth, leading to irrational, compromised law and policy. The cost of achieving even the meanest of changes is such that seeking reform is pointless. When the cost of reform is great, revolution becomes more attractive. For that reason, I present a minimum and a maximum program for changes to our policing practices.

Minimum Program

We would be lucky to get any action on police reform from the various governments and police departments around the country, but these reforms are the minimum that people should demand:

  • Demilitarization of police departments
  • Elimination of SWAT teams
  • Expansion of civilian police units, such as mental health professionals and community service officers
  • Expansion of evidence-based crime prevention policies and practices, and alternative crime control methods
  • Disarming police patrols, or replacing police patrols with civilian patrols
  • Decriminalization of various activities, such as drug use, to reduce police enforcement
  • Implicit bias training for police officers, as far as that will go

Police reform must also be a part of a larger transformation of the criminal justice system. Many Republican-dominated states have pursued reform because of the budgetary burden of American hyperincarceration. These reforms involve reforms to juvenile justice, diversion programs, and sentencing reforms to keep people out of overcrowded prisons. Yet the criminal justice system is still plagued by corrupt prosecutors and judges willing to do anything to play ‘tough-on-crime’ for their electoral constituency. We need root-and-branch transformation, not just of the police, but the whole damn system.

Maximum Program

The ultimate aim is to change policing fundamentally, from the roving of armed men threatening violence to unarmed citizen patrols using persuasion to disarm the criminal. This probably seems utopian to a society that worships violence, especially police violence, but it has precedents.

The first time I encountered the idea of a persuasive police was in reading about the Seattle General Strike of 1919. The city’s entire working class shut down in a sympathy strike with its shipyard workers. The strike committee had effective control of the city. The committee reopened basic services under their direction, including public safety, as the police sat on the other side of cordons. The union paper called for any workers who had been veterans in the army and navy to assemble. The 300 men who responded were organized as the “Labor War Veterans Guard”. One principle was written on a blackboard at their headquarters:

The purpose of this organization is to preserve law and order without the use of force. No volunteer will have any police power or be allowed to carry weapons of any sort, but to use persuasion only.”

The Labor Guard needed to disperse crowds and mobs to prevent the police from having an excuse to move in. One War Veteran described his method of dispersing crowds:

“I would just go in and say: ‘Brother Workingmen, this is for your own good. We mustn’t have crowds that can be used as an excuse to start any trouble’. And they would answer: ‘You’re right, brother’, and begin to scatter.”

Even hostile observers of the strike remarked upon how well public order was maintained in those days. We cannot know which factors might have contributed to this: the many people who stayed at home during the strike, the solidarity of the strikers, or the Labor Guard’s persuasiveness. It does demonstrate, however, a possibility of a less violent system of public safety, and an avenue of social experimentation.

Police Reform: Civilianization, Specialization, and Centralization

The movement for police reform continues, but media interest wanes. But not at Democracy in Principle! We’ve been covering the possibilities for major police reform since Ferguson. Most elite commenters focus on legalities like racial profiling or technical fixes like body cameras. Policing is a social institution however. In fact, it’s an institution that expects that giving a gun to somebody and sending him out on the streets is a good idea. At Democracy in Principle, we know that more rules and legal fixes aren’t going to fix a bad idea. We need new rules.

We have a variety of ways of reorganizing crime control to reduce the potential for police violence. We could replace sworn police (with their attendant legal powers) with unarmed civilians. Alternatively, we could carve the police department up into different tasks. Let’s look at each in turn.

Civilianization

Law enforcement officers have legal powers beyond ordinary citizens. Law enforcement officers have the power to execute warrants issued by a magistrate, perform warrantless searches and arrests when the officer has probable cause to believe a crime is being committed, and to carry and use a firearm. As we’ve previously explored, those last two powers are a big part of the issue.

‘Civilians’ (the rest of us) do not have these powers. Citizens do have the power of “citizen’s arrest”, that is, the power of arresting a person caught in the act of committing a felony, or for whom an arrest warrant has been issued. Citizens can use non-deadly force for the purpose of arrest, but this opens the arresting citizen to civil liability. As for firearms, a civilian would have to acquire special licenses to openly carry a firearm.

Police departments have many roles that do not require law enforcement powers. Law enforcement powers are only needed in cases of conflict and violence. Despite what we see in the media, police work does not often entail violence. Thus, we can “de-police” police tasks that do not involve conflict: criminal investigation, crowd control, traffic management, responding to calls for service, and “general services”. These now-civilian police jobs could then call upon law enforcement when their legal powers are needed, when an encounter becomes violent or a crowd becomes a riot.

For example, most calls for service do not involve violence. Sworn officers do not need to carry out patrol and first response. Instead, civilian employees could patrol and respond to calls, and diagnose, mediate, or solve the problems found. Various jurisdictions in the United States have hired “Community Service Officers” (CSOs) for these and other, miscellaneous general services that the community calls upon the police to do. For many jurisdictions, this is a cost-saving measure, as CSOs are paid less than sworn police officers. In others, people are hired as CSOs as a training program.

I have not found a researcher who has looked at the effectiveness of police departments with Community Service Officers. However, the bankrupt and failing Camden City police department was recently replaced with the Camden County Police Department. The county police hired a large civilian staff to reduce the number of sworn police officers, the civilians being cheaper. Since the switch, the murder rate has dropped. So at least a large civilian staff does not diminish police effectiveness. The fall in murders may be due to the new departments focus on community policing.

Many police departments have also hired Crisis Intervention Units (or Teams) to deal with the mentally ill. The mentally ill are also common victims of police violence. These mental health workers may be nurses or social workers, but they walk into a potentially violent situation nonetheless.

Specialization

Another solution to police violence is to reduce the scope of police tasks. Police departments have a grab-bag of roles that don’t necessarily go together. Police primarily focus on street-level criminal violations, but also traffic infractions. At the same time, the police perform “general services”, or whatever public task other street-level officials don’t do (police have been heard to call it “chicken-shit work”), like responding to non-criminal complaints or crowd control. Police departments could shed these extra tasks and reduce police presence.

Traffic services are a prime example of such a task. Traffic safety only tangentially relates to criminal law. Most cops hate performing it, as you might expect. But few nations have actually had a separate service for traffic. The only separate services have been New Zealand’s Traffic Safety Service (1936 – 1992) and Western Australia’s Road Transport Authority (1975 – 1982), run by their respective Transportation ministries. The services eventually merged with their police departments for budgetary purposes.

Centralization

A final solution to police violence is to reduce the number of police through centralization of police forces. Currently, municipalities govern police forces. However, municipalities often get savings by contracting their police services to their neighbors. Likewise, a state could save on money, personnel, and capital by creating one statewide police service to replace local forces. Another way of looking at it would be that the existing state police become responsible for all police tasks in the state.

Scotland joined their police forces into a single national police service, called Police Scotland. While they have projected savings in the future, the transition itself was expensive. Our real concern is the safety of the public though, but no numbers have emerged on that. Police Scotland did make the decision to arm their patrol officers, unlike their English counterparts. If that policy continues, though the public is not happy about, we may be able to get comparative data on police violence between the two UK nations.

Centralization carries its own concerns: if the police are state-level, how will the public hold them to account? That’s a good question, but moot, because we can’t hold them responsible now. However, localities should have the power to discipline wayward law enforcement officers, and having a statewide police would not prevent a local review board from having the power to discipline an officer. Of course, law may say one thing and government does another.

These solutions are less radical than building a world without police, in which the enforcement of laws are replaced with reconciliation to the law. My intention is to point to successful police practices that reduce the number and presence of sworn police officers in possession of power that is deadly when abused. Civilian police workers can take over tasks in the community, while other tasks can be spun off into other agencies. Centralization reduces police presence by exploiting the economies of scale that can be found in a single state police service.

At the end of this week, join me for the thrilling and merciful conclusion to the Police Reform series at Democracy in Principle! (Eventually you get tired reading and writing about the police.)

Police and American Race Ideology

So far, in the two months I have been writing about police reform, I have said little about the racial aspect of police killings. We know that police, and the criminal justice system as a whole, target African-Americans well out of proportion to crimes committed by that community. Race is central to any reform of the criminal justice system, but not specific to those reforms. This is because the issue of race is central to anything and everything in American society. The legacy of racialized slavery pervades the institutions and ideology of American society. The ideology of race holds white America back from making genuine moral progress. That’s why these past articles about police reform have not touched upon race and the police – race is a problem for Americans in every facet of life. And it is entirely self-imposed. Race is nothing more than an ideological illusion.

We know that race is ideological, because race is not a real thing, in the sense that tables and chairs are real. There are no races in the human species at least not as we think of race. Racial distinctions are not found in the human genome.

Race is a shared illusion that previous generations have tried and failed to justify. The only purpose of the concept of race is the maintenance of a social hierarchy. The racial distinctions that we make are descended from the distinctions made by colonial authorities. African slaves needed to be distinguished from European servants, even though they had similar stations and received similar treatment, to prevent solidarity between them. Race is not about biology or culture; it’s about who will serve and who will command.

The fact that race is not real does not change the fact that it affects people’s lives. The racial inequalities are extensive, so let’s just focus on criminal justice (from the Sentencing Project’s report to the UN):

  • African-Americans are arrested at a rate disproportionate to their crime rate: 30% of arrests for property offenses and 38% for violent offenses are of African-Americans.
  • The arrests of African-Americans for drug crimes rose from 6.5 people for every 1,000 people in 1980 to 29.1 for every 1,000 in 2000, while arrests for white Americans only rose from 3.5 to 4.6 people. There are no significant differences between drug use between the races.
  • African-Americans are more likely to be searched at a traffic stop than white or Hispanics, and more likely to be threatened by police. African-Americans are more likely to be stopped in the first place.
  • Prosecutors are more likely to indict an African-American for killing a white American than vice versa.
  • When juries have a more than five white males, the jury is significantly more likely to convict an African-American and sentence him to death.
  • African-Americans are more significantly more likely to be convicted, and will be sentenced to longer sentences than white Americans.

This only addresses racial inequalities in the criminal justice system. People of color will encounter socially imposed disadvantages everywhere. For example, a black American without a criminal conviction is likely to be hired than a white ex-convict. That’s what race is for, after all. It’s about who matters and who doesn’t.

For some reason, in any discussion about race, white people get uncomfortable or angry. “I’m not a racist”, they say, or “I don’t benefit from being white!” (How would they know if they benefited or not?) They’re missing the point though. They’re worried about being called a racist, or being thought to have racist beliefs. Racial inequality is not a result of conscious racist beliefs, but of the intersection of implicit biases and institutional practices.

Every human being has implicit biases – unconscious biases for and against different groups of people. In the implicit bias test, our biases are determined by how quickly we can associate positive and negative concepts with different groups. For most white people, they have a difficulty associating positive concepts with African Americans, but easily associate negative concepts with them. White Americans have an overwhelming implicit bias against African-Americans, well and above any other race.

While African-Americans have much less of implicit bias against African-Americans, they also have some implicit bias against themselves. This is disheartening, but not surprising. We all have a picture of the social structure in our heads, regardless of race. Implicit biases represent that social structure.

Implicit biases still have an effect on our behavior, even if we don’t want them to. Even if each member of a community has only a slight bias against another group, the overall effect can be significant. Thus, schools and neighborhoods have become segregated again.

Meanwhile, institutions take advantage of those rendered powerless. Once, banks have pursued discriminatory practices called “redlining”, refusing to issue loans to qualified African-Americans, as well as other communities of color, for no other apparent reason than race. In the lead up to the financial crisis, banks engaged in “reverse redlining”, pushing loans on people whom they knew couldn’t pay back. People of color are denied the resources needed for social power, and so become the target of powerful organizations, regardless of whether its members are racist or not. A similar phenomenon probably leads to racialized policing.

As we know, police departments in the United States have a long history of cooperation and collusion with the Ku Klux Klan and other white supremacists. In the early 20th century, this cooperation was open and celebrated, but since the Civil Rights movement has become clandestine.

Yet, even if the police are not themselves racist, or are themselves of color, communities of color can’t fight police power the way that white communities can. This is why police forces that are more diverse are not any less racially discriminatory than mostly white police forces.

What Can We Do?

There are two issues here: the implicit biases or individuals and the operations of organizations.

We can only counter implicit biases through positive presentations of African-Americans in media and thorough racial integration. Currently, both news and entertainment media is awash in negative presentations of African-Americans. The media portrays African-Americans, especially black men, as criminals, drug-users, and welfare recipients. While government action is not possible on this point, we can bring social pressure to bear on media organizations.

Countering implicit biases also means bringing people of different races into constant contact with one another. This requires the forced integration of neighborhoods, schools, and workplaces. Communities should resemble the population of which they are a part. Cities should not be broken into white and black parts of town.

Integration means that the state has to set guidelines for organizations to add new members. Organizations will have to alter hiring practices, school entry, and real estate sales to integrate American society.

Racially diverse police forces may not be significantly less organizationally racist in our racially segregated society. But police forces may change when the surrounding society changes. In the meantime, we should not lose sight of the unjust power and practices that police present in themselves. Addressing police power directly is more likely to yield benefits than adding more racial sensitivity training in today’s police departments.

Police Reform: Cops Without Guns

Since the murder of Michael Brown in Ferguson, police officers have shot many more unarmed African-Americans. In New York City, Akai Gurley was shot in the stairwell of his apartment building. In Phoenix, Rumain Brisbon was shot to death in his home, in front of his wife and children. In Cleveland, John Crawford and 12 year old Tamir Rice were shot while holding toy guns (in an open carry state). In these and many other cases, police turn to their firearm as the first resort instead of the last. In 2014, the police killed 1,000 citizens, dangerous or not.

As this collection of episodes illustrates, the police should not carry firearms, except in exceptional circumstances. This is by no means an outlandish idea: we have several models in the world already. The police forces of Britain, Ireland, New Zealand, and Norway all feature unarmed police patrols.

Unarmed Police

The British police are the forerunners of all modern police forces. Unlike almost any of its successors though, British* police officers do not carry firearms on patrol. Instead, British patrol officers are expected to solve problems through persuasion, moral authority, and, if necessary, their baton or taser. British police prefer remaining unarmed; 82% of British police approved of unarmed patrols.

*Because of the legacy of violence in Northern Ireland, the police there are regularly armed. Also, sadly, Scotland’s new national police service has armed its patrol officers. However, the Scots do not generally support this move.

Unarmed British police capture man wielding machete, with innovative use of recycling bin.

New Zealand’s police have a similar view. When their parliament considered arming their patrol officers in 2009, the New Zealand police commissioner wrote:

I have no doubt that carrying handguns would compromise officers’ ability to do their regular work, because when you carry a weapon, your primary concern is to protect that weapon. If this was balanced by a clearly demonstrable increase in personal protection, it would be a price to consider paying. But the protection offered by a firearm — particularly a pistol — is more illusory than real.

This is not to say that the British or New Zealand police do not have access to firearms. An officer can requisition a firearm in special circumstances. In cases where firearms are needed in an emergency, “authorized firearms officers” are dispatched.

The benefits are clear: British police rarely kill anyone, because they can’t do so (easily). Furthermore, firearms officers are specialists whose sole purpose is firearms control. Perhaps that’s why, despite being dispatched 12,550 times in 2012, firearms officers discharged their weapons only 5 times, with only two fatalities. Unjustified killings still happen, including those based on race. In 2007, firearms officers killed a Brazilian national, Jean Charles de Menezes, in the London Underground. In 2008, Ian Tomlinson was killed in 2009 after being tackled by police. And, as in the United States, the courts are unlikely to convict a killer cop. Yet killings by police officers are much less likely.

The Dangers to Police

Most Americans are reluctant to believe that unarmed policing is applicable to the United States. To begin with, Americans don’t believe any international model of anything can be applied to the United States at all. In this case, there is some justice to the objection. The widespread ownership of guns would seem to make the job of American police very dangerous. The pervasive gun culture seems to justify the shoot-first mentality and overreliance on SWAT teams for serving warrants.

I’m sure that the police officer’s job is very stressful; the police have to intrude into citizen’s lives everyday to enforce the law and most people will resent that. It’s not a job where you see the best side of people. Furthermore, police training emphasizes the possible dangers of dealing with citizens. Training videos feature scene after scene of unexpected, and fatal, assaults. So it’s understandable that police officers might experience anxiety in their work.

The problem is that this sense of danger is an illusion. Being a police officer is not that dangerous of a job. In 2013, 8 in 100,000 police officers were murdered. Half of all police deaths occur in traffic accidents. Granted, any death is one too many. But as occupations go, law enforcement is not even in the top ten most dangerous jobs. Loggers, fishermen, groundskeepers, farmers, metal workers, construction workers, paramedics, and anyone involved in driving for a living all have more deaths on the job than the police (by 2013 data).

Crime itself, especially violent crime, has fallen dramatically across the country (the causes of which are only poorly understood). For whatever reason, Americans are becoming less violent.

This evidence suggests that, we not only can disarm police departments, we should. The extraordinary expansion of the use of SWAT teams and the aggressive, militarized policing of protests already demonstrate that police forces must be stripped of their military toys. But given the increasingly common and irresponsible use of deadly force by police, we should disarm the police as well.

Radley Balko’s 2014 Oppression Retrospective

Radley Balko, the Washington Post’s resident libertarian and criminal justice critic, has compiled a list of criminal justice horrors at his WaPo blog. It’s presented as predictions for the coming year, but all of his predictions refer to events from this year.

Here are a few of the more horrifying criminal justice follies from 2014, with links:

• The indiscriminate police raids will continue, with aggressive, door-kicking raids on people suspected of increasingly petty crimes, such as credit card fraud and underage drinking. In a rare moment of sanity, at least one federal appeals court will decide that maybe SWAT raids are an unconstitutionally excessive way to conductregulatory inspections. But such raids will continue elsewhere.

• Some U.S. cities will pay out tens of millions of dollars in police brutality claims. In all but a handful of instances, the individual officers involved will not be held accountable.

• We’ll learn about more cases in which police have subjected innocent people to anal penetration and forced colonoscopies in order to search for drugs.

We’ll start arresting working parents for the “crime” of letting their kids play in public places without supervision. Some of these parents will face felony charges and the possibility of losing custody of their children.

In the latest panic over teen “sexting,” local law enforcement officials somewhere will hit a new low, arguing that a court should allow them to forcibly induce an erection in a teenage boy in order to prove that the boy’s penis is the one depicted in a photo sent to a teenage girl.

• Some drug cops will blow a hole in a toddler’s chest in order to nab a guy suspected of selling $50 worth of meth.

We’ll also start Tasering children.

• Some dumb city officials will order a police raid, arrests and criminal charges because a parody Twitter account hurt the mayor’s feelings.

• In some places, it will become a crime for a pregnant woman to have a miscarriage or stillbirth.

Radley Balko maintains a blog at the Washington Post called “The Watch”, and is the author of Rise of the Warrior Cop: The Militarization of America’s Police Forces.

Police Reform: Crime Prevention Without the Police

Police Reform Month continues through December and into January of 2015! Happy New Year, citizens!

Readers may be shocked, as I am, at the extraordinary entitlement of the New York Police Department. The NYPD union claimed that protestors of police violence and the comments of New York City’s mayor, Bill de Blasio, were responsible for the deaths of two NYPD officers. At the funerals for these officers, in a public spectacle not performed for any other type of public employee, hundreds of NYPD officers turned their backs when de Blasio went to speak. New York’s police have sent the signal that even the mildest criticism will not be permitted; they are beyond accountability to their employers (the public).

Well, good news – they can find employment elsewhere! As we have previously discussed, the police, as they stand now, are neither just nor effective. Some readers have been under the impression that this means that police officers are not good at their jobs. And plenty of police officers aren’t, as we see every week with a new victim of police violence. However, what we are actually saying is that the job of policing does not meet its goal of preventing crime. The tasks that police perform – patrolling, responding to calls for service, and criminal investigation – do not have a significant effect on the crime rate. For reasons that are still unknown, crime has fallen across North America regardless of the actions of particular police departments.

Social scientists are only now beginning to understand how we can actually prevent crime. The International Center for the Prevention of Crime collects the best practices for interventions that prevent crime from happening in the first place. Several factors make people more likely to be a criminal offender, or a victim of crime, or make a location more likely to be a source of crime. Preventing crime involves identifying people and places that are at-risk and solving the problems that lead to crime. While police departments often have crime prevention offices, they are often poorly funded and staffed. The tools of the police are the powers of search and arrest, and police departments usually revert to these tools, even after thorough reforms. The crime prevention methods discussed below do not require the skills the police are trained in.

Violence Prevention

Persons who are at-risk for committing violence are born into difficult circumstances: poverty, poor housing, and with uncaring or even abusive parents. We now know that the chronic stress of poverty is corrosive to the development of the human brain. Stress hormones reduce the development of the frontal lobe, the part of the brain that inhibits our impulses. Identifying the most at-risk children and families and providing parental counseling and educational enrichment is an effective way of preventing crime in the long term. Chicago’s Child-Parent Center Program is one of the oldest such programs. Children followed through the program are 32 percent less likely to be arrested by the age of twenty.

That’s the long term, but what about crime happening right now? There are also non-coercive programs for that. Previously, we discussed the Cure Violence program and its pilot projects all over the world. Its founder, the epidemiologist Gary Slutkin, found that violence has a pattern similar to the spread of disease. In fact, the best predictor of violence is exposure to violence. Thus, Slutkin reasoned, we can apply the epidemiological solution to violence. Cure Violence programs do this by finding community volunteers with credibility in violence-ridden areas. These ‘violence interrupters’ use their reputation to find persons who have been exposed to violence and use persuasion to change their behaviors. The program also provides counseling and educational opportunities. Everywhere the program is fully implemented, it finds significant success.

While Cure Violence is a non-profit, some cities have taken the initiative to implement similar programs. Richmond is a city in California adjacent to Oakland, and shares its reputation for violence. It has recently acquired fame for its highly regarded police chief, Chris Magnus, and his participation in protests against police violence. But the city also instituted an Office of Neighborhood Safety, headed by DeVone Boggan, in 2007. The office identifies the fifty most likely violent offenders and helps them to develop a plan for their life. Participants can receive up $1000 every month as long as they renounce violence. The office monitors them to make sure they keep their promise.

The murder rate in Richmond, California, has collapsed, from 47 killings out of 100,000 people in 2007 to 15 per 100,000 in 2013. However, we don’t want to fall victim to a post hoc fallacy. The NYPD pats itself on the back and claims that “broken windows” reduced crime in New York City, despite the same fall in crime across the country. Similarly, Richmond’s fall in murder rates are only a little better than the nation-wide fall in murder rates. Also, police chief Chris Magnus implemented his community policing reforms in Richmond around the same time, which may have had an effect.

Nonetheless, these public health methods are notable for getting results without violence, or the threat of violence. The volunteers do not carry weapons of any kind, and only have their personal credibility to protect them. No one dies on their patrols, despite being present in situations of armed violence.

Community Mobilization

Neighborhood watches are now a common element of local crime control. They are also not very effective. Most watches have failed to adopt the essential elements of the original project, Seattle’s 1968 Community Crime Prevention Program. Whereas many neighborhood watches are nothing but lackluster patrols, the Seattle program mobilized neighborhoods to identify vulnerabilities to crime and address them, including installing new locks and how to address strangers. While it sounds pretty simple today, the program saw burglaries drop by half in the targeted areas.

The neighborhood watches organized by the Citizens’ Local Alliance for a Safer Philadelphia (CLASP) were even more dedicated. Besides mutual assistance in installing new locks, timer lights, homemade alarms, marking personal property, and connecting neighbors, CLASP watches heavily patrolled their blocks with horns and flashlights. Like medieval townspeople, neighbors were expected to respond to the “hue and cry” of the patrols to drive criminals away. CLASP watches reduced crime by an average of 75 percent in organized blocks.

The police assist communities in establishing neighborhood watches as a part of “community policing”, the official national policy for policing. In community policing, specific officers are assigned to neighborhoods as a foot patrol, so that residents have regular interactions with the police. In some programs, such as the Chicago Alternative Policing Strategy, neighborhoods even have ‘beat assemblies’. The police and the community are supposed to work together to identify problems and develop solutions. The reality is usually that citizens complain and the assigned officer commands. Although community policing has worked to reduce crime in some locations, on average it has no effect, although citizens often feel safer and are more satisfied with their police department. Both neighborhood watches and community policing associations have a tendency to be captured by the police department, the citizens becoming passive, and any effectiveness of the program reduced.

Crime Prevention through Environmental Design

We can also reduce crime by altering the environment to eliminate opportunities for crime. The basic principles of this method include, first, controlling access to a location. This means delineating the area, and who belongs in the area, by building paths, fences, and gates to guide users of the area.

Second, planners design the area for “natural surveillance”. People should have a reason to be in an area so that there are a lot of eyes on each other. This involves creating dense, mixed neighborhoods of residences and small businesses. Small businesses attract large numbers of people that deter crime in the residential neighborhood because of the increased chance of getting caught.

Third, the design should encourage identity and a sense of possession for its residents or users that encourage them to question the presence of strangers. This means creating clear markers between public and private areas and uses.

J.D. Trout gives an account of one experiment:

In Brooklyn, two adjacent high-rise buildings prompted classic research on crime-resistant architecture. These two buildings had the same clientele but different architectures. One (Brownsville) dissuaded crime and reduced situations for committing crime…. The other (Van Dyke) did not: ‘Van Dyke Homes was found to have 66 percent more total crime incidents, with over two and one-half times as many robberies (264 percent), and 60 percent felonies, misdemeanors, and offenses than Brownsville.’ (loc. 360)

Crime Prevention through Environmental Design (also called “situational crime prevention”) has some effect, but the field is only just ripening. Further research will yield new methods.

Clearly, there are a number of crime prevention strategies, including those for immediate crimes, that do not require the police powers of warrantless arrest and search and the use of force. However, we can’t know whether these methods would work without the police at all. As always, progress towards a free society is through institutional and organizational experimentation.

References

Institute for the Prevention of Crime, Making Cities Safer: Action Briefs for Municipal Stakeholders, Ottawa, March 2009

Irvin Waller, Less Law, More Order

J.D. Trout, The Empathy Gap

Diane Zahm, Using Crime Prevention Through Environmental Design in Problem-Solving

Police Reform: The Nature of the Problem

Before we can solve the problem of the police, we must define the problem. There are two problems associated with the police as an institution. First, there is the racial aspect. This is a wider problem of implicit biases that we all share, for which there is no immediate solution. However, white privilege is a very real and significant problem. Second, and more tractable, is the problem of the legal powers of the police and the means of making that power accountable. This is an institutional and organizational problem, which we can more easily address.

The police are a variety of law enforcement officers organized by state and local governments for the purpose of patrol and criminal investigation. There are other varieties of law enforcement officers, such as fire marshals, park rangers, and investigators attached to other departments. Police are unique by having both a focus on the enforcement of criminal law, and duties related to non-criminal public services, like traffic direction.

Law enforcement officers are distinct from other public employees in having certain legal powers beyond those of ordinary citizens. Law enforcement officers (or, more traditionally, peace officers) are officers sworn to uphold the laws, who have the power to execute search or arrest warrants, perform warrantless searches and arrests given probable cause, and carry and use a firearm to enforce the law.

Law enforcement officers are subject to the laws themselves. Yet the ancient problem remains, “who watches the watchmen?” The existing mechanisms of accountability do not work.

The first recourse citizens have to police misconduct, especially in the case of a shooting, should be prosecution. However, the police act as witnesses for prosecutors in other trials. Prosecuting a police officer thus risks alienating other police officers and losing future valuable testimony. Left to their own devices, prosecutors have an interest in not prosecuting police misconduct.

Grand juries should direct prosecutors to send killer cops to trial, but we’ve seen how that plays out. Prosecutors don’t want to prosecute police misconduct, and they basically control the grand jury. The grand jury hears the evidence that the prosecutor provides, without anybody there to challenge that evidence. Thus, you get witnesses like Witness #40 at the Ferguson grand jury, who turned out to be a crazy person. Because the prosecutor does not want to prosecute police misconduct, grand juries will fail to do so as well.

A reasonable assumption is that a police officer who kills an unarmed citizen will be fired. After all, even if the police officer was excused by the state for his killing, he is at the very least terrible at his job. Unfortunately, police unions are good at their jobs, and successfully prevent police departments from firing even the worst officers. If only all unions were so powerful.

This is why the only recourse for the victims of the police is a civil suit. Between 2006 and 2011, police misconduct cases cost their municipalities $730 million, with NYPD costing its city $350 million. Because the cities pay this bill, and not the police departments or the offending police officer, civil suits do not have a deterrent effect on police misconduct.

Most suggested reforms attempt to increase transparency with the hope that this will lead to improved accountability. Body cameras have become a popular solution, and have been endorsed by the Brown family. And there is evidence to support their effectiveness. The positive effect of body cameras may be short-lived though. Dashboard cameras seemed promising as well, twenty-five years ago, until police learned how to manipulate them to avoid accountability.

All of these mechanisms, both existing and proposed, seek to affect police behavior through deterrence. However, prevention is better than deterrence. This requires how and when the police wield law enforcement powers.

The solutions to police power that we will look at before the end of the year will include the following strategies:

  • Reducing the scope of police activities: Many aspects of crime control do not have to involve law enforcement powers at all, such as patrol, general services, community liaison, and some aspects of criminal investigation. Civilian professionals, who would not possess law enforcement powers, can handle these duties. Also, some issues dealt with the police do not need to be handled by the police. For example, a different law enforcement service can manage traffic regulation. Some public health departments take on responsibilities for violence prevention and victim services.

 

  • Restricting the use of law enforcement powers: On the one hand, we can reduce the material capacity of the police to use force, and on the other hand, we can reduce the legal capacity of the police to use force. Reducing the material capacity of the police involves not only the demilitarization of police departments, but also the disarmament of the police. Disarmament goes hand in hand with restricting the legal right of the police to use deadly force.

 

  • Insulation: By creating new civilian crime control positions and restricting the responsibilities of law enforcement officers, citizens will be insulated from potential misuse of law enforcement powers.

The ideal situation is one in which we can dispense with the enforcement of laws altogether. The most democratic state would be a republic in which compliance with the laws is achieved through the persuasion of offenders and mediation between parties at conflict. However, we are only part of the way there. We have good evidence for how to prevent crime and resolve disputes without coercion, but not quite enough to do away with all law enforcement entirely. I am fairly confident that we can end the traditional police institution as we know it though.

In our next installment, we will discuss reducing the scope of police activities.