Legislatively Speaking
By Senator, Lena C. Taylor
State Senator Lena C. Taylor
Police militarization has been among the most consequential and unnoticed developments of our time. Excessive police force in response to acts of peaceful civil disobedience is not a new issue. Each generation has been forced to grapple with it. Perhaps the most poignant example is the police brutality of the Civil Rights Movement. The images of the malicious use of dogs, firehouses, and batons on young men, women, and children is vividly burned into our collective consciousness. Today, we like to think that we have progressed past the days of this sort of indiscriminate violence towards non-violent protesters. We now associate these images with military regimes worlds away. However, when we examine current police practices there is a striking resemblance to the past.
In Ferguson, MO., police killed an unarmed black teenager named Michael Brown. In a passionate showing of collective outrage and disgust, thousands took to the streets in peaceful protest. In response, the local police showed up in armored vehicles, assault rifles, riot gear, and tear gas. As people posted photos and videos of the police response on social media, the world reacted in astonishment. The world could not believe that, in suburban America, the police looked like the military occupiers of Syria, Palestine, and Iraq. Police fired tear gas and rubber bullets into crowds of peaceful protestors. There are numerous reports of journalists being arrested and assaulted. Police pointed rifles in the faces of protesters – even small children.
Is this just an isolated incident or an indicative of a loftier systematic problem? Many arguments have centered on whether this type of military use of equipment is necessary, but the larger issue is how and when it is used. There are many tools that law enforcement officers can employ when confronted with hostile, contentious, or combative situations. Nonetheless, law enforcement agencies across the country focus on weaponzing rather than problem solving techniques. Weapons and military equipment have a place in law enforcement. The experience with the Boston bomber proved how effective they could be when used in a proper context. Diversity, community collaboration, and mental health training are all just as important law enforcement tools.
Law enforcement officers serve an incredibly important role in our society. Ideally, police are the guardians of our society; they are the protectors of law and order. The Law Enforcement Oath of Honor says: “On my honor, I will never betray my badge, my integrity or public trust. I will always have the courage to hold myself and other accountable for our actions. I will always uphold the Constitution, my community, and the agency I serve.” However, the increased militarization of law enforcement agencies has impeded their ability to effectively serve and protect all communities.
The militarization of local police departments can be traced to two major sources: the Federal Homeland Security grants and the Defense Department’s 1033 Program, which is part of the National Defense Authorization Act of 1990. As military operations around the world have scaled back, equipment has been transferred back home. Since the early 1990s, the DOD 1033 Program has transferred about 5 billion dollars worth of military equipment including aircraft, assault rifles, machine guns, and tanks. The 1033 program motto is “From Warfighter to Crime-fighter,” which epitomizes the shift that has taken in law enforcement agency across the country.
According to an American Civil Liberties Union report, “War Comes Home” law enforcement agents are using this equipment in Special Weapons and Tactics (SWAT) team operations. SWAT teams have increasingly been deployed for operations involving suspicion of drug presence. Their use of devices such as the flash grenades has led to an astonishing rise in the number of individuals hurt or killed in police drug raids. The “No Knock” drug raid warrants play a role in the increased death and injuries as well. In many of these cases the SWAT teams had the wrong address, didn’t know children were present, or hurt or injured themselves using weapons such as flash grenades. I understand that law enforcement agencies may need certain weapons to ensure that they can properly protect citizens from criminals who possess military grade weapons. However, law enforcement agencies should not be equating the presence of drugs with the threat of violence. SWAT team should only execute “No knock” warrants after they have established an imminent threat of serious bodily harm. Law enforcement agencies should be mindful that the presence of a SWAT team can often escalated rather than quash the threat of violence. Law enforcement agencies should be investing effort in de-escalation strategies and trainings.
This increase in militarization has disproportionately affected black and brown people. Minority communities are over-policed and placed under a microscope, while the same crimes of other communities goes on without abatement by the police. Where you put the microscope is where you find the dirt.
The racial disparity in policing, treatment, and outcomes contribute to the disconnect between law enforcement and communities of color. It is not that communities of color just feel unprotected, targeted, and discriminated against; the facts show that it is a reality.
Every community deserves to have law enforcement agencies that are reflective of the population it serves, respectful to the citizenry at large, and accountable for its misconduct.
Police are human too; they get scared and are under a tremendous amount of pressure.
No matter how well trained or prepared officers are they will inevitably make mistakes.
The effects of those mistakes are compounded when military weapons are added to the equation.
This is all the more reason for police to carefully examine their practices to ensure that they are using the best practices and solutions.
I think the issue is not whether police have access to military equipment but rather how they use it.
It shouldn’t be used in incidents of civilian displays of civil disobedience like in Ferguson, MO.
But I do think police should have the equipment so they can respond to incidents like the Boston Bombing.
Some of the practices I would like to see the Milwaukee Police Department embrace include diverse hiring, cultural competency and mental health training, recording of racial disparities in policing, and community review of police misconduct.