Police

The way to curb police abuse

As the NYPD finds itself mired in yet another controversy, we look at how other big cities control corruption VIDEO

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The way to curb police abuseAn Occupy Wall Street protester is arrested by police Sunday Jan. 1, 2012 in New York. (Credit: AP/Stephanie Keith)
This article originally appeared on MetroFocus.

The NYPD is mired in yet another scandal this week — one of many in the last 12 months — over Commissioner Ray Kelly’s participation in a controversial police training video.

Some politicians and policy analysts are calling for a new independent agency to oversee the NYPD — something Mayor Michael Bloomberg says the city won’t do.

MetroFocus looked at the problems with the NYPD’s current monitoring system and, for comparison, at how other cities have used independent government watchdogs to reduce corruption.

A Troubled Run for the NYPD

The most recent scandal emerged last week, when NYPD Deputy Commissioner Paul Browne admitted that Kelly had participated in the filming of the highly controversial police training movie, “The Third Jihad” — a claim Browne had denied just a day before.

In response to the controversy, Bloomberg said the NYPD used “terrible judgment” in showing the video to 1,500 officers.

The revelation prompted New York City Councilmember Brad Lander (D-Brooklyn) to release a statement in which he demanded for the NYPD “a new set of accountability mechanisms that balance our need for security, appropriate confidentiality in criminal investigations, respect for civil liberties, and telling the truth.”

Two days later, two lawyers for the Brennan Center for Justice at the NYU School of Law wrote an op-ed in the New York Times calling for a new inspector general’s office to oversee the NYPD.

Public discontent with the NYPD’s practices seems to have reached its fever pitch with the “Third Jihad” episode, as New Yorkers emerge from a year already fraught with NYPD scandals, including:

The idea that the NYPD has been militarized and turned into Bloomberg’s “own army” in the years since 9/11 was widely discussed in the press last year. The Brennan Center op-ed suggests that many of the aforementioned scandals are partially the result of that transformation, and the veil of secrecy that comes with it. The writers of the op-ed lay out the problems they see with the department’s current self-monitoring system:

  • The Internal Affairs Bureau only investigates incidents of individual police misconduct and corruption, not department-wide problems.
  • The other monitor of the NYPD, the Civilian Complaint Review Board, doesn’t have the power to subpoena police officers in order to expose corruption, and the NYPD is famously reticent to disclose information.
  • City Council rarely uses its subpoena power to force the NYPD to disclose information, which the Brennan Center op-ed attributes to politicians being fearful of appearing soft on crime, but Lander says is due to the fact that the Council doesn’t have a system for closed-door hearings or the expertise to evaluate police activities.
  • Additionally, the mayor’s Commission to Combat Police Corruption is underfunded and lacks many powers — such as the power to subpoena — necessary to do its job, reported the New York Times.

What Would an Independent Police Monitor Look Like?

Lander, who is currently fleshing out his proposal with the help of the Brennan Center, said he wants the new inspector general to be an “internal person, but somebody appointed by the mayor… who has access to confidential information who keeps that information confidential,” and reports to the Department of Investigations or the Council, reported Capital New York.

Richard Aborn, president of the Citizens Crime Commission of New York City, has been thinking a great deal recently about what an independent agency might look like. At the end of last year, his criminal justice nonprofit published a report detailing the way police oversight agencies operate in America’s five largest cities.

Aborn agreed with Lander that a new oversight agency should be transparent and independent, but added that it would need to have “real subpoena power” and “a budget that can’t be reduced by City Council or the mayor.” Aborn, like Lander, said the oversight officer could be an inspector general, but one that “reports to some kind of board.”

WATCH VIDEO:

This controversial “Third Jihad” video was designed to train NYPD officers in counter-terrorism. Youtube/JoyusinJesus

However, Bloomberg’s administration has historically resisted outside oversight of the police, which Aborn attributes to two main factors. The first is a desire to save face. ”I think in some ways they resist because it ends up becoming personalized. It’s an admission that things are bad,” said Aborn.

The second reason Bloomberg has resisted oversight, according to Aborn, is a misunderstanding of how independent oversight actually supports good policing. “The call for oversight tends to arise when there are crises,” he said, but “We think oversight is a standard part of law enforcement. Good policing is all about accountability and oversight is accountability.”

The NYPD did not respond to a request for comment as of press time.

Independent Oversight Across the Nation

The Citizens Crime Commission’s report found that after New York, the nation’s largest city,  four of the five largest cities had some form of independent police oversight agency with subpoena power. But if one looks a bit deeper into the history and effectiveness of three of these agencies — Philadelphia, Chicago and Los Angeles — it becomes clear why Aborn stresses New York’s need for transparency, financial independence and a board to which the oversight agency would report.

Philadelphia: For a while, Philadelphia had an independent oversight agency that met all three of Aborn’s recommendations.

In 1996, after the ACLU filed a lawsuit against the city over a major police corruption scandal, a Philadelphia district court mandated that the city send quarterly reports on police misconduct to the ACLU, NAACP and the Police Barrio Relations Project, reported the Philadelphia City Paper.

The city responded by creating the Integrity and Accountability Office, a well staffed and independent oversight body with the power of subpoena, which was supposed to issue annual public reports on cases it had received and investigated. The agency appeared highly effective in pushing the police department to police itself.  In 2001 alone, the Philadelphia Police Department’s Internal Affairs Unit investigated 354 allegations of police misconduct — 227 more than it had in the first year of the Integrity and Accountability Office’s existence.

Then, in 2003, the court mandate expired, and the Integrity and Accountability Office seems to have lost its way. It has not published a report since 2004, which supports Aborn’s argument that an oversight agency should be required to report its findings to a board, and that its work be transparent.

“There has been backsliding generally,” David Rudovsky, an attorney with represented the ACLU in the original 1996 case, told City Paper.

Philadelphia has another independent oversight agency, the Police Advisory Commission — created in 1994 — but it has held very few public hearings since its inception. The City Paper called the commission a “largely ineffectual body.”

Chicago: The Chicago Reader reported that the city’s independent oversight agency was not quite as independent as many people originally thought, and suffered for it.

In 2007, Chicago Mayor Richard Daley created the Independent Police Review Authority, an independent city agency with 53 investigators that explores allegations of police corruption with set timelines for completing its cases. The Authority has made allegations of police misconduct significantly more transparent — and far more so than any NYPD oversight agency — by publishing all reports online, and continues to do so.

However, they quickly developed a backlog of cases. In 2009, the Authority had 2,841 new cases to investigate, and over 1,500 cases from 2007 and 2008 were still open when 2009 began, according to the agency’s own reports.

Many of Chicago’s criminal justice activists and attorneys claim the agency failed to live up to its promise of cleaning the city’s police department because it lacks independence. Some claim that it was underfunded in the first place, and many say it was weakened by the mayor and City Council’s ability to fire its chief administrator, reported the Chicago Reader.

And Then There’s Los Angeles, Where the Feds Had to Step In

The Citizens Crime Commission report also listed Los Angeles in its list of major cities with an independent oversight agency equipped with subpoena power. In 2000, the city created a new inspector general’s office to oversee the department in response to the explosive Rampart scandal in the late 1990s. During that scandal, the LAPD division covering the gang-stricken Rampart neighborhood was found to be wildly corrupt, which many Los Angeles residents had suspected since 1991, when a video showed LAPD officers beating Rodney Kingsparked city-wide riots.

But Los Angeles’ story is in many ways more complex than that of other cities, because in 2001 — also in response to the Rampart Scandal — the U.S. Justice Department entered into what is called a consent decree with the city of Los Angeles, requiring a federal monitor to oversee the LAPD. Such an action is very rare, but happened just this week in Oakland, and another consent decree is expected in New Orleans.

By most accounts — including this intensive 2009 study by Harvard University — the inspector general and federal monitor were highly successful in reducing corruption and improving relations between minority groups and the police. Forty-five members of the LAPD’s Rampart division were fired. Between 2005 and 2009, for example, the Harvard study reported an 11 percent increase in the number of ethnic minority residents who believed the police had treated them with fairness.

In July 2009, a federal judge decided the LAPD had reformed, and terminated the consent decree, although the ACLU strongly condemned the decision.

Could the Justice Department Bring a Monitor to the NYPD?

It’s tried to. In 1997, the Department of Justice investigated the NYPD, finding widespread corruption and lack of oversight. In 2000, a year after the shooting death of Amadou Diallo, New York City Mayor Rudy Giulliani reversed his original position on federal oversight and said he was ready to allow the Justice Department to install a federal monitor. It didn’t happen.

In early 2011, the Weekly Standard reported that the Department of Justice had completed a behind the scenes meeting with a group of criminal justice advocates about the NYPD’s surveillance of ethnic minorities. Last week, the C.I.A. agreed to pull its embedded agent from the NYPD after conducting a highly publicized internal investigation.

It was a small victory for oversight advocates, but the NYPD’s long history of resisting the creation of an independent oversight agency or a federal monitor leaves many questions about the possibility for real reform unanswered.

How the feds fueled the militarization of police

Billions in post-9/11 taxpayer dollars have paid for combat-style gear on display in the Occupy crackdowns

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How the feds fueled the militarization of policePolice in riot gear move to a location at the port facilities in Longview, Wash., Wednesday, Sept. 21, 2011. (Credit: AP/Don Ryan)

The militarization of America’s metropolitan police forces was on full display in recent months as police from Los Angeles to New York cracked down on Occupy protests, decked out in full SWAT gear and occasionally using strange pieces of military hardware.

Less well known is that police forces in small towns and far-flung cities have also been stocking up on heavy equipment in the years since Sept. 11, 2001.

In spite of strained city and state budgets in local years, the trend has continued thanks to generous federal grants. According to a new story by the Center for Investigative Reporting, $34 billion in federal grant money has financed the past decade’s shopping spree.

To learn more about the trend, I spoke with G.W. Schultz, who co-authored the story with Andrew Becker. (Also worth a look is the slide show accompanying the story.)

You start your piece with Fargo, N.D., where the police have a “$256,643 armored truck, complete with a rotating turret,” kevlar helmets and assault rifles in their squad cars. What did they say when you asked why they need this kind of heavy equipment?

Their view is that they need to be as prepared as a city like New York. We’ve been studying the grant programs for a while. You see this in city after city. Everyone has got an explanation for why they need more and not less grant money. I grew up in Tulsa; there’s still a lot of sensitivity around the Oklahoma City bombing. So the attitude is, “Look, we could have a similar attack and we need to be ready for it.” Now I live in Austin. The attitude here is, we could have an incident like the one in which a guy smashed his plane into the IRS building a few years ago, or the one in which a guy started shooting people from a tower at the Uniersity of Texas a few decades ago. Every city has an answer like that. The approach to security spending is based on speculation about what could happen, however remote. That attitude enables you to buy everything without limit because you can never attain 100 percent security.

What is the federal grant program that is handing out all this money?

What we learned over time is that it’s not just one grant program, it’s grant programs. There is a dizzying array of grants that local communities are eligible for from the Department of Homeland Security and sometimes the Justice Department. A few grants existed prior to 9/11. After DHS was created, Congress kept creating new programs to meet perceived needs around security. For example, “We need a bulletproof vehicle to send in our SWAT unit if a Mumbai-style attack occurs.” That led to a spree of spending on bulletproof vehicles. Each round of purchases is fueled by a what-if scenario.

You write in your piece that there’s a lot of information still lacking about this spending. What don’t we know? 

We’ve been working on this Homeland Security research for a few years. The feds have never had a listing of everything the local police and other local government agencies bought with the grant money. You literally can’t go to Washington and find a listing of how the $34 billion was spent; you have to go state by state. We set out to do that; after a period of many months, we still only have records from 41 states, and they are wildly inconsistent. We wanted to build a nationwide database of how the money was spent, but there turned out to be just no way to do it because of the lack of information. But we spent so much time with grant records, we were able to identify trends; we knew many communities were buying SWAT-style trucks, combat-style protective gear, and so on.

Has most of this equipment — assault rifles and armored vehicles and so on — just not been used? 

It’s hard to tell. We can say from available audits that a lot of the equipment purchased with grant funds is not used. As the years pass by, you see more people in government concede that particularly during the early years after 9/11, a lot of the stuff that was bought was never used, and a lot of money was wasted. I was recently at a small public safety summit in Austin and the chief of police here rhetorically asked the audience, “All the protective attire that you bought after 9/11 for a chemical attack, have you used any of that?” And the room kind of giggled a little bit. In the end there’s still an attitude in law enforcement and the government that it could be used and we need to be prepared.

Who is making money off of all this?

Well, defense contractors are not manufacturing F-35s or big ships for local cops. But these companies and Wall Street in general think in terms of diversity. They want small profit margins and large profit margins. Companies like Northrop Grumman have sold a lot of bomb-dismantling robots to local police. Some traditional defense contractors like Raytheon have also gotten into the intelligence side, selling things like information-sharing tools and radio equipment. I went to a conference a few weeks ago where Raytheon had a big presence, offering expensive communications equipment for dispatchers and so on.

It’s important to point out you can’t buy guns with Homeland Security grants — but it’s about the only thing you can’t buy. That’s a restriction the feds decided to place early on. But if a local police department can take care of some of the capabilities they believe they need to have with grants, that leaves money to buy things like AR-15s. In the 10 years since 9/11, they’ve done both — both combat-style SWAT attire and assault rifles. That’s partly why you see images now of SWAT police looking very much like combat troops in Baghdad or Kabul.

Are there any dissenting voices within the police community about all this militarization? 

There are even folks in the SWAT community — some of the older folks who have observed the evolution of SWAT — who are concerned about this. They’re concerned about whether or not the training is going to meet all the equipment that’s being bought. Part of the reason for that is the training is not as sexy as the equipment. The image and romance of battling bad guys with lots of tough-looking equipment and guns maybe isn’t as exciting as investing in training. There’s also concern among some police about deploying tactical units too often — for low-risk warrant executions and things like that. But, the counter-voice in law enforcement is, “Look, this enhances safety for officers.” They look back at a couple of really bad shootings and say, “We’re never going to let that happen again. We’re going to get whatever equipment or training we need.” But that comes at a cost.

Does it make police look more intimidating to be wielding AR-15s with all kinds of devices attached to them? Especially in a country that’s been working for years to implement community policing strategies. In a place like Los Angeles, there were years of work done to soften the image of law enforcement and improve the department’s relationship with minority communities. Is that threatened by the wider adoption of combat stye equipment and training?

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Justin Elliott

Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin

Mayor Bloomberg’s army

The mayor of New York and his police commissioner reveal just how comfortable they are with autocracy

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Mayor Bloomberg's army Michael Bloomberg (Credit: AP/Richard Drew)

Billionaire New York City Mayor Michael Bloomberg has his own army! No, it’s not a private security firm, like Blackwater. It’s actually, according to the mayor, the New York City Police Department.

Bloomberg, again threatening vaguely to make that presidential run that the American people are decidedly not calling for, told MIT last night that he doesn’t even need to be president, because all of his autocratic desires are fulfilled by running America’s most populous city as his private fiefdom.

“I have my own army in the NYPD, which is the seventh biggest army in the world. I have my own State Department, much to Foggy Bottom’s annoyance. We have the United Nations in New York, and so we have an entree into the diplomatic world that Washington does not have,” Mayor Bloomberg said.

I’m not entirely sure what he means by having his own “State Department.” The city’s independent nonprofit tourism agency, maybe? But he didn’t mention that his army also comes with its own international (and questionably legal) intelligence-gathering apparatus, just like the CIA and FBI, except without any sort of oversight, congressional or otherwise.

Bloomberg, of course, is being a touch ironic, but he’s also not wrong. The NYPD has a 1,000-man army within its increasingly militarized ranks. It has tanks, combat rifles, anti-aircraft weaponry, non-lethal anti-terror sound cannons, and, supposedly, a submarine. And it’s all under the command of one guy, Ray Kelly, who answers solely to one other guy: Mike Bloomberg.

Bloomberg’s conception of the NYPD as “his army” explains a lot. Like why he thought it’d be OK to deploy them to Bermuda to help police his weekend home. (That plan was scuttled … once it leaked to the press.) Or why he thought it appropriate to use the NYPD to prevent demonstrators from … drumming on his block, one night.

If you want a sense of precisely how distanced from accountability NYPD commissioner Ray Kelly is, his response to being interrupted by a protester while addressing a Columbia class is illuminating. Faced with footage of police brutality, Kelly grinned and joked around.

A few minutes later, another student asked Kelly why most people who are arrested are incarcerated for “drug crimes.” Dinkins said he didn’t understand the question, and things got confrontational between the student, Kelly, and Dinkins pretty quickly. The student’s SIPA colleagues were not pleased—a few students and a TA asked if she was registered for the class. “No,” she said, “but I do have a question.”

Commissioner Kelly, still grinning, leaned over to another guest for today’s class, New York District Attorney Cy Vance, and loudly whispered, “Says something about the security of this school, doesn’t it?”

(Yes, that’s former Mayor David Dinkins, who himself once faced a revolt of entitled police officers chafing at the prospect of being held accountable for law-breaking and corruption.)

In case Kelly is unfamiliar with the easily available data regarding what his massive army actually does most days, the NYPD makes more arrests for possession of marijuana than for any other crime. Marijuana possession is used as a pretext to sweep up and arrest tens of thousands of black men every year. And the commissioner pretends he’s totally unaware of that fact, even as his department defends the practice as necessary for our safety.

Powerful (and popular) commissioner Kelly has basically escaped every NYPD scandal with his reputation unsullied. Mayor Bloomberg is generally treated by most of the local press as though the fact that he surely means well excuses all manner of illegal activities, lax oversight, and contempt for civil liberties and the law.

Harry Siegel, in a good recent piece on how the recent scandals of the NYPD are actually generating some negative ink for once, actually undersells the recent revelations:

The overly-aggressive response to the Wall Street “occupation”—which began with arresting dozens on the Brooklyn Bridge, proceeded to involve the pepper spraying of protesters, and concluded with a forced media blackout and the arrest of several reporters during the final, middle-of-the-night militarized “clean up” and Thursday’s “day of action”—may yet tip the scales toward a more normalized relationship between the city and the NYPD. It is the culmination of a scandal-ridden year. A partial list of the past year’s troubles includes the trial of two cops accused of rape; a leak-hindered internal affairs investigation into a ticket fixing conspiracy that some rank-and-file officers responded to by spitting on lawyers in the courthouse; a belated outcry over the frequently intrusive stop-and-frisk policy focused on poor and minority neighborhoods; revelations of the department’s secret intelligence program to collect information on Muslims; and the rough arrest of a black City Council member at a parade.

This leaves out, to name one major recent scandal, the 14-year NYPD veteran recently found guilty of planting drugs on an innocent subject. (It also leaves out a third cop credibly accused of rape.) (And the eight officers recently charged with smuggling guns — and cigarettes! — into the city.)

At the crooked narcotics detective’s trial, a retired cop claimed the practice of planting drugs to inflate arrest numbers was widespread, yet another unintended consequence of our data-driven mayor’s insistence on an NYPD that measures success by the number of people — predominantly young black people — subjected to the criminal justice system. The mayor has, in the past, dismissed serious criticisms of his “CompStat” system with ad hominem attacks on police unions.

In New York City, of course, each bad cop, or ring of bad cops, or unruly mob of bad cops is treated as an outlier. This is a press — especially the tabloid papers — that has long simply not cared that the NYPD routinely lies to journalists as a matter of departmental policy. It is widely known, for example, that arrest and ticket quotas exist, NYPD denials being approximately as worthless as a summons mistakenly issued to someone with Patrolmen’s Benevolent Association connections. Police statements on violent incidents are routinely contradicted by video evidence. Kelly feigns ignorance of his department’s methods of maximizing marijuana arrests.

But an army thinks differently than a simple civilian police force. They’re accountable only to their commanders, and not to the citizenry.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

Daily News cheers Occupy Wall Street raid, until Daily News reporter is arrested

"Bravo" says New York newspaper to NYPD eviction, just before the NYPD jails one of their own

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Daily News cheers Occupy Wall Street raid, until Daily News reporter is arrestedNew York City police officers arrest a protestor affiliated with the Occupy Wall Street movement as he tries to return to Zuccotti Park, in New York November 15, 2011. (Credit: Eduardo Munoz / Reuters)

When the NYPD, on Mayor Michael Bloomberg’s orders, raided and evicted Occupy Wall Street from Zuccotti Park last night, the editors of the New York Daily News, the city’s ostensibly liberal tabloid newspaper, cheered.

“Bravo to Bloomberg’s Occupy Wall Street eviction,” goes the headline on its editorial published this morning.

The fact that the eviction was done in violation of a court order doesn’t bother them:

The amorphous agglomeration known as Occupy Wall Street had transformed a space intended for open community access into a round-the-clock shantytown — and they claimed that the First Amendment guaranteed their right to do as they pleased.

This is not constitutional wisdom. This is self-important, self-indulgent bilge. And a Manhattan Supreme Court justice who ordered a halt to the eviction pending a hearing needs to emphatically so state.

They seem totally uninterested in the NYPD’s excessively violent tactics, including the harassment, abuse and arrest of various reporters, which doesn’t get a mention in the editorial. Then a Daily News reporter was arrested, along with at least two other reporters.

Now, according to the Daily News Twitter feed, at least, the NYPD’s behavior is “alarming.” The newspaper has alerted its attorney.

The Daily News is owned and published by billionaire real estate mogul Mort Zuckerman.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

Police beat Occupy protesters at UC Berkeley

Video shows students attacked by police with batons VIDEO

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Police beat Occupy protesters at UC BerkeleyPolice in riot gear clash with student activists in front of Sproul Hall on the University of California at Berkeley campus Wednesday, Nov. 9, 2011, in Berkeley, Calif. (Credit: AP/Ben Margot)

(UPDATED BELOW)

This video taken Wednesday on the campus of the University of California at Berkeley shows some of the most extreme incidents of police violence during the Occupy movement:

The affiliation of the officers in this video is not entirely clear (I’ve asked the man who shot it for more details and will update if I hear back). We do know that both campus police and Alameda County sheriffs were involved in the effort to evict Occupy protesters from Berkeley’s campus yesterday.

“The police will always assess the situation and do what they feel is appropriate and safe,” UC Berkeley spokeswoman Janet Gilmore told a local ABC affiliate last night. “Obviously we would like to end this as peacefully as possible, with a minimal number of arrests. But, you know, you have to respond to the situation that’s presented to you.”

I’ve asked the school for comment about the video and I’ll update this post if I hear back.

UPDATE: Based on the uniforms of the police in the video, they appear to be Alameda County sheriffs. I’ve asked the Alameda sheriff’s spokesman for comment and will update this post if I hear back. Also worth noting: Alameda sheriffs were involved in some of the violence in Oakland, possibly including the injuring of Iraq war vet Scott Olsen.

UPDATE II 11 a.m. ET: In an interview just now, Alameda County Sheriff’s Office spokesman J.D. Nelson said that the officers in the video are actually members of the UC Berkeley police department, not sheriff’s deputies. He pointed to the fact that the officers with the batons appear to be wearing patches in the shape worn by the UC Berkeley police. Near the end of the video, around the 1:20 mark on the bottom left of the frame, a few Alameda sheriff’s deputies’ patches are visible, but not by police involved in the violence.

UPDATE III 4:50 p.m. ET: Captain Margo Bennett of the UC Berkeley police tells Salon the department has no comment on the beating video.

“Any time there is an operation or event that occurs on campus, we always do an operational review. We will certainly review the activities of the night,” Bennett says. ”What we’re focused on is maintaining the no-encampment policy that is on campus.”

The university’s office of public affairs has not responded to a request for comment about the video.

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Justin Elliott

Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin

Our militarized police forces

The wars on drugs and terror have given police departments a lot of deadly toys and dangerous attitudes

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Our militarized police forcesAn armed Metropolitan Transportation Authority police officer stands guard in New York's Grand Central Station on Monday, May 2, 2011. (Credit: AP/Stephen Chernin)

The Atlantic has a good piece on one of those subjects that I am slightly obsessed with, the ongoing militarization of American police forces. As a New Yorker, I am accustomed to being greeted by cops bearing assault rifles bravely monitoring the morning commute, which is more than slightly jarring, but the depressing thing is that that sort of sight quickly becomes normalized.

As former peace officer and Iraq veteran Arthur Rizer and co-author Joseph Hartman write, the police arms race has very clearly spread well beyond the urban borders of the only cities to actually be targeted by foreign terrorists.

Now, police officers routinely walk the beat armed with assault rifles and garbed in black full-battle uniforms. When one of us, Arthur Rizer, returned from active duty in Iraq, he saw a police officer at the Minneapolis airport armed with a M4 carbine assault rifle — the very same rifle Arthur carried during his combat tour in Fallujah.

The extent of this weapon “inflation” does not stop with high-powered rifles, either. In recent years, police departments both large and small have acquired bazookas, machine guns, and even armored vehicles (mini-tanks) for use in domestic police work.

What possible need does your average American police department have for a tank? I mean, besides giving it to Steven Seagal so that he can kill a puppy during a raid on a suspected cock-fighter that’s being filmed for a reality show.

Turning police departments into quasi-National Guard regiments isn’t just a huge waste of resources, it’s also dangerous and demoralizing. A militarized police force makes the citizenry — especially minorities — feel like they’re living under a military occupation. (As with most police abuses, it’s generally easier to ignore for members of the classes not routinely stopped, frisked and thrown in jail for minor drug offenses.) It’s unsettling and undemocratic. And the cops start to feel like occupiers.

The most serious consequence of the rapid militarization of American police forces, however, is the subtle evolution in the mentality of the “men in blue” from “peace officer” to soldier. This development is absolutely critical and represents a fundamental change in the nature of law enforcement. The primary mission of a police officer traditionally has been to “keep the peace.” Those whom an officer suspects to have committed a crime are treated as just that – suspects. Police officers are expected, under the rule of law, to protect the civil liberties of all citizens, even the “bad guys.” For domestic law enforcement, a suspect in custody remains innocent until proven guilty. Moreover, police officers operate among a largely friendly population and have traditionally been trained to solve problems using a complex legal system; the deployment of lethal violence is an absolute last resort.

Soldiers, on the other hand, are trained to identify and kill the enemy. This is a problem. Cops are increasingly seeing the citizens they’re hired to protect as “the enemy.” This is in part how nonviolent protesters end up tear-gassed and shot at. This is part of why violence is so often the first resort of cops dealing with any sort of tricky situation, rather than the last. The idea that we need our cops to be the heavily armed soldiers of the streets — instead of, say, social workers with the power to arrest — leads to bad recruiting, bad training, unnecessary deaths, mass distrust of the police by vulnerable communities, and the contemptuous feeling of many cops that they themselves are above the law.

The authors identify 9/11 as the start of this trend. But I agree with Reason magazine that it actually all started with the war on drugs. Radley Balko did the essential research on the subject a few years back, and most paramilitary police actions that end up going horribly wrong are anti-drug raids. The Patriot Act itself is routinely used to fight the drug war. The argument that these tactics are necessary to keep us safe from scary foreign terrorists falls apart when you see how often all this firepower is directed at Americans looking only to get high or make a buck getting someone else high.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene