It’s been six goddamned years since I wrote the bulk of what follows below, six goddamned years since the combination of racism, militarized police, and ubiquitous cell phone cameras exploded into the BLM movement, six goddamned years in which nothing of substance has really changed.
But maybe, just maybe, this time really will have been different, the murder at the hands of a policeman too brutal to ignore, the images of cops acting like an occupying army too discomforting to liberal centrists, the rage at the injustice of it all torqued even higher by the shattering experience under a pandemic too deep to be swept aside by the next fashion in the news cycle to really change things for the better.
And we are better prepared for deep reforms. Much intellectual ground work has been laid since Radley Balko wrote his book The Rise of the Warrior Cop explaining exactly how our police became militarized. There has been Stuart Schrader’s Badges Without Borders: How Global Counterinsurgency Transformed American Policing, which places militarized policing in the broader historical context of American empire, a boomerang effect where the type of power to coerce foreigners far away from the homeland is eventually turned on citizens themselves. Much in the way that Hannah Arendt traced the rise of the European police state to its age of imperialism.
In addition to these excellent historical descriptions there have been increasing calls for abolition- the wholesale transformation of law enforcement into something radically different. Books such as Alex S. Vitale’s The End of Policing along with a growing chorus (among both the left and the libertarian right) to move away from the carceral state, which, much more than policing, make the US an outlier among developed nations.
I have no idea where any of these movements will end up, but given dangers to any democracy that come from abandoning legitimacy for the compulsion of force, I think it helpful to review how we got here- a reality I first learned from Balko’s excellent book.
A democracy has entered a highly unstable state when its executive elements, the police and security services it pays for through its taxes, which exist for the sole purpose of protecting and preserving that very community, are turned against it. I would have had only a small clue as to how this came about were it not for a rare library accident. I was trying to get out a book on robots in warfare for a project I am working on, but had grabbed the book next to it by mistake- Radley Balko’s The Rise of the Warrior Cop
As Balko explains much of what we now take as normal police functions would have likely been viewed by the Founders as “a standing army”, something they were keen to prevent. In addition to the fact that Americans were incensed by the British use of soldiers to exercise police functions, the American Revolution had been inspired in part by the use by the British of “General Warrants” that allowed them to bust into American homes to search in their battle against smuggling. From its beginning the United States has had a tradition of separation between military and police power along with a tradition of limiting police power, indeed, this the reason our constitutional government exists in the first place.
Balko points out how the U.S. as it developed its own police forces, something that became necessary with the country’s urbanization and modernization, maintained these traditions which only fairly recently started to become eroded, largely beginning with the Nixon administration’s “law and order” policy and especially the “war on drugs” launched under Reagan.
In framing the problem of drug use as a war rather than a public health concern we started down the path of using the police to enforce military style solutions. If drug use is a public health concern then efforts will go into providing rehabilitation services for addicts, addressing systemic causes and underlying perceptions, and legalization as a matter of personal liberty where doing so does not pose inordinate risk to the public. If the problem of drug use is framed as a war, then this means using kinetic action to disrupt and disable “enemy” forces. It means adhering as close to the limits of what is legally allowable when using force to protect one’s own “troops”. It means mass incarceration of captured enemy forces. Fighting a war means that training and equipment needs focus on the effective use of force and not “social work”.
The militarization of America’s police forces that began in earnest with the war on drugs, Balko reminds us, is not an issue that can easily be reduced to Conservative vs. Liberal, Republican vs Democrat. In the 1990’s conservatives were incensed at police brutality and misuse of military style tactics at Waco and Ruby Ridge. Yet conservatives largely turned a blind eye to the same brutality used against anarchists and anti-globalization protestors in The Battle of Seattle in 1999. Conservatives have largely supported the militarized effort to stomp out drug abuse and the use of swat teams to enforce laws against non-violent offenders, especially illegal immigrants.
The fact that police were increasingly turning to military tactics and equipment was not, however, all an over-reaction. It was inspired by high profile events such as the Columbine massacre, and a dramatic robbery in North Hollywood in 1997. In the latter the two robbers Larry Phillips, Jr. and Emil Mătăsăreanu wore body armor police with light weapons could not penetrate. The 2008 attacks in Mumbai in which a small group of heavily armed and well trained terrorists were able to kill 164 people and temporarily cripple large parts of the city should serve as a warning of what happens when police cannot rapidly deploy lethal force as should a whole series of high profile “lone wolf” style shootings. Police can thus rationally argue that they need access to heavy weapons when needed and swat teams and training for military style contingencies as well. It is important to remember that the police daily put their lives at risk in the name of public safety.
Yet militarization has gone too far and is being influenced more by security corporations and their lobbyists than conditions in actual communities. If the drug war and attention grabbing acts of violence was where the militarization of America’s police forces began, 9-11 and the wars in Afghanistan and Iraq acted as an accelerant on the trend. These events launched a militarized-police-industrial complex, the country was flooded with grants from the Department of Homeland Security which funded even small communities to set up swat teams and purchase military grade equipment. Veterans from wars which were largely wars of occupation and counterinsurgency were naturally attracted to using these hard won skill sets in civilian life- which largely meant either becoming police or entering the burgeoning sector of private security.
So that’s the problem as laid out by Balko, what is his solution? For Balko, the biggest step we could take to rolling back militarization is to end the drug war and stop using military style methods to enforce immigration law. He would like to see a return to community policing, if not quite Mayberry, then at least something like the innovative program launched in San Antonio which uses police as social workers rather than commandos in to respond to mental health related crime.
Balko also wants us to end our militarized response to protests. There is no reason why protesters in a democratic society should be met by police wielding automatic weapons or dispersed through the use of tear gas. We can also stop the flood of federal funding being used by local police departments to buy surplus military equipment. Something that the Obama administration prompted by Ferguson seems keen to review.
A positive trend that Balko sees is the ubiquity of photography and film permitted by smart phones which allows protesters to capture brutality as it occurs a right which everyone has, despite the insistence of some police in protest situations to the contrary, and has been consistently upheld by U.S. courts. Indeed the other potentially positive legacy of Ferguson other than bringing the problem of police militarization into the public spotlight, for there is no wind so ill it does not blow some good, might be that it has helped launch true citizen based and crowd-sourced media.
My criticism of The Rise of the Warrior Cop, to the extent I have any, is that Balko only tells the American version of this tale, but it is a story that is playing out globally. The inequality of late capitalism certainly plays a role in this. Wars between states has at least temporarily been replaced by wars within states. Global elites who are more connected to their rich analogs in other countries than they are to their own nationals find themselves turning to a large number of the middle class who find themselves located in one form or another in the security services of the state. Elites pursue equally internationalized rivals, such as drug cartels and terrorist networks like one would a cancerous tumor- wishing to rip it out by force- not realizing this form of treatment is not getting to the root of the problem and might even end up killing the patient.
More troublingly they use these security services to choke off mass protests by the poor and other members of the middle class now enabled by mobile technologies because they find themselves incapable of responding to the problems that initiated these protests with long-term political solutions. This relates to another aspect of the police militarization issue Balko doesn’t really explore, namely the privatization of police services as those who can afford them retreat behind the fortress of private security while the conditions of the society around them erode.
Maybe there was a good reason that The Rise of the Warrior Cop was placed on the library shelf next to books on robot weapons after all. It may sound crazy, but perhaps in the not so far off future elites will automate policing as they are automating everything else. Mass protests, violent or not, will be met not with flesh and blood policemen but military style robots and drones. And perhaps only then will once middle class policemen made poor by the automation of their calling realize that all this time they have been fighting on the wrong side of the rebellion.