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COMMENTARY
Gene Grabiner*
Today, the police continue to serve its historical political function. That
includes the disproportionate killing ofblack males as well as subtler aggres
sions such as over-long response times to 911 calls in the black community.
As I will argue in the conclusion, however, that iron fist is also reserved for
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Who Polices the Police? 59
Structural Underpinni
Post-Industrial Poverty a
In Baltimore, where Freddie Gray was among the most recent and
nationally known police murder victims, and where riots (Martin Luther
King's "voice of the unheard") ensued, the same economic dynamics are at
play. Baltimore lost over 100,000 manufacturing jobs between 1950 and
1995, 75 percent of its industrial employment—not to mention most of
the jobs with union representation. Currently, only 6 percent of all jobs in
the city are in manufacturing. The collapse of industry led to a number of
changes in the demographic makeup of the city and the surrounding region,
contributing to a crisis in urban poverty that lingers today.
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60 Gene Grabiner
As factories bled m
one-third of its po
the city, followed by
economic hub of ce
had shrunk to 657,
residents of1950 to
of central Maryland
quarter of the regio
ßammore, nice curraio, is just an example or wnat nas Deen going on in
the last few decades in inner cities throughout the United States, where a
combination ofdeindustrialization,war on drugs, welfare abolition, and urban
segregation has added fuel to the fire that is burning today. In this sense, the
incidence of excessive use of force by white police against people of color
is not a "recent uptick," as suggested in The Buffalo News on December 8,
2014.Today's racist police behavior is part of the deep legacy of racism in the
United States, which often finds extreme expressions in law enforcement (a
few cops have even belonged to the Klan).3 It has been honed through years
of aggressive policing and hypercriminalization of the black community.
A pattern of generally aggressive and racist policing is common throughout
the country. For example, there is a known problem of aggressive policing in
Oakland, Los Angeles, and elsewhere; so much so that federal receivership
or sanctions are either occurring or threatened in Oakland, Los Angeles,
Cleveland,4 and possibly also in Albuquerque.s Baltimore has paid out
$5.7 million since 2011 to settle 100 lawsuits "claiming that police officers
brazenly beat up alleged suspects."6 There is also an ongoing Department
of Justice investigation of the Baltimore Police Department.
Zero tolerance, or quality of life policing, is an additional problem in
current police practice. Such approach leads to racial profiling and more
intensive policing (but not real public safety) of communities of color, with
drug arrests being the main component in the incarceration binge centered
on youth.
Washington, DC, Police Chief Kathy Lanier is highly critical of zero
tolerance policing,claiming that it has ruined positive relationships between
police and those residing in high-crime neighborhoods. Lanier notes that
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Who Polices the Police? 61
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62 Gene Grabiner
Individual Facto
Ingood faith, we m
most individuals sin
many go into law enf
depending upon the
a high school diplom
tion. And it's a job t
and possibly an early
Part of the current p
from among those w
optional qualification
For example, as is th
recruitment materia
Police recruitment
that are best able to
most likely to perfo
in the shortest tim
Department actively
in the Department.
of this opportunity
agency dedicated to
leadership. We are d
delphia, we invite y
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Who Polices the Police? 63
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64 Gene Grabiner
With the killing of two police officers in New York City, Pat Lynch,
president of the New York Patrolmen's Benevolent Association (NYPBA),
has proclaimed, "For the 1st time in a number of years we have become
a 'wartime' police department. We will act accordingly."21 Of course it's
reasonable to ask Mr. Lynch who he thinks is making war on the NYPD:
Mayor Bill de Blasio? Thousands of peaceful demonstrators protesting
against a national problem of police brutality, racism, and use of excessive
force and violence? And who, also, would Mr. Lynch like to make war on?
While the deaths of those NYPD officers are tragedies, so too are the
recent deaths of two Pennsylvania State troopers ambushed by Eric Frein.
Frein, an experienced outdoorsman, is white; his victims were both white.
Ismaaiyl Brinsley, who ambushed the two NYPD officers, was apparently
mentally unstable, had a criminal history, and had shot his ex-girlfriend in
Baltimore prior to killing those police officers. He is black. As one com
mentator at NYMag.com has ironically put it, "this guy Brinsley, a clearly
mentally unstable man with a criminal past is supposed to represent the
avenging hand of people protesting police brutality and general injustice
in cases involving Black people. [That would be like having] Eric Frein
represent all outdoorsmen."22
But judging by Lynch's words, above, it's not Brinsley, the individual,
who is responsible for his actions. Lynch blames both a social movement
focused on the fact that black lives matter and New York City Mayor de
Blasio (whose wife happens to be black, and whose children are biracial).
But Brinsley did not act as part of a social movement, or as an agent of
Mayor de Blasio. He acted alone.
It is not illogical to assume that if police persist in brutal behavior in
certain communities, at some point someone may violently respond to the
police. What is surprising is that in the 395 years since people were first
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Who Polices the Police? 65
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66 Gene Grabiner
sympathizers. Most o
look more like Eric
and perhaps disturbi
2014," or "white ambu
only about Brinsley
fact, 13 of the 15 amb
perpetrated by whit
In looking at the d
knowledging that law
a gun and confrontin
police work in high
excessive use of for
amounts to outright
to serve and protect
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Who Polices the Police? 67
A 2012 study found that about half of those killed by the police
each year are mentally ill, a problem that the Supreme Court will
consider in 2015. Young black men are also 21 times more likely
to be killed by cops than young white men, according to one Pro
Publica analysis of the data we have In short, people who belong
to marginalized communities are at a higher risk of being shot than
those who are not.34
Rate of law enforcement killings, per million population per year, 1999-2011.
Source: Centers for Disease Control and Prevention, National Center for Health Statistics.
The data show that the problems encountered with police violence are
systemic, not merely a case of individual "bad apples. "Although most of these
bad apples seem to be white, black police may also commit acts of violent
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68 Gene Grabiner
aggression against c
deal to do with the
sional socialization.
for the actions of t
will they do to com
Recommendatio
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Who Polices the Police? 69
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70 Gene Grabiner
as proposed in pend
be the only bodies
use of excessive for
11. Independent pros
too closely with the
use of force. Distric
unions for electoral
behind the police u
appointed by the st
sive force or death o
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Who Polices the Police? 71
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72 Gene Grabiner
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Who Polices the Police? 73
Police body cameras may well work against, not for, civilians. With such
tools in hand, police might seek "increased regulation of private civilians'
ability to record and disseminate videos of police actions, a long-contentious
issue for law enforcement. Why should civilians record police when police
can do it themselves?" (Carlson 2014).
Distaste for videoing their own actions has sometimes led police who
have used cameras to turn them off at crucial moments.47 It is known that
from time to time during inmate cell extractions, while inmates get beaten,
surveillance camera batteries seem to run out. For example, Charles B. Clarke
III died at the Georgia Diagnostic and Classification Prison, quite possibly
from a beating by corrections officers when he was extracted from his cell:
"The videotape ... ends before Clarke is injured, a common ploy used by
prison guards who want to exact retribution during a use of force incident.
[One of the corrections officers involved in this cell extraction] claimed the
tape ended because the camera's battery had died."48 Might the same thing
happen with body cameras?
It is also worth considering that in the hands of racist, sexist, or violent
police, body cameras will be videotaping people who may simply be argu
ing on a street corner, or maybe even trading marijuana joints. Will they
get busted? If smoking marijuana is illegal, and police see such behavior,
they may be required to make an arrest. Consequently, body cameras might
actually mean more arrests over fewer violent interactions and, therefore, a
potential increase in America's already unacceptable incarceration rates.
Therefore, one major downside to police use of body cameras is an even
more ubiquitous surveillance. Body cameras may actually come to represent a
further infringement or intrusion on personal rights, civil rights, and human
rights: "Outfitting law enforcement with body cameras may also backfire
on those it's meant to protect: people in poor communities, people of color,
people in high-crime areas. Privacy may well be a thing of the past, but the
erosion of privacy is not distributed equally across society" (Carlson 2014).
How, for example, may racist police deal with domestic violence situations?
Will police then be videoing civilians in their own homes? And what about
kids with toy guns in minority communities, or BB guns like Tamir Rice?
In the absence of their own commitment to and practice of antiracist
behavior, why should we think that police would change their behavior
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74 Gene Grabiner
simply because of
dash cams—how m
police murder of S
surfacing truth aga
in the absence of a
well leave racist an
Conclusion
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Who Polices the Police ? 75
Acknowledgments
I wish to thank Marvin Berlowitz,Harper Bishop,Mary Ann Castle, Gregory
Shank, and Bruce Jackson for their helpful suggestions and insights durin
the development of this article.
NOTES
1. At http://artvoice.com/issues/vl2n24/news_analysis.html.
2. "A Brief Economic History of Modern Baltimore," from Putting Baltimore's Peo
First: Keys to Responsible Economic Development of Our City (2004), District 1199E-DC, SE
AFL-CIO. At http://www.nathanielturner.com/robertmooreandll99union3.htm.
3. In June 20, 2014, two law enforcement officers in Williamson County, Texas, ha
been fired after it was discovered they were members of the Ku Klux Klan. In July 14,
a Fruitland Park Florida deputy police chief has resigned and an officer has been fired
the FBI reported that both belonged to the Ku Klux Klan. There may also be other wh
supremacist connections among some of the 700,000 or so police officers in the Un
States.
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76 Gene Grabiner
4. Justice Department
finds "systemic deficien
4,2014).
5. For a glimpse at the Albuquerque dynamic, consider the following: thefreethoughtproject.
com/retired-cop-ojfers-killology-classes-warrior-cops/.
6. See data.baltimoresnn.com/news/police-settlements/.
7. '"Zero tolerance' policing giving way to softer approach," Washington Post, May 3,
2015.
8. See https://www.washingt077post.com/opinions/george-will-eric-garner-criminalized
to-death/2014/12/10/9 acl0090-1')d4-l 1 e4-9f38-95al87e4clJ7_story.html?utm_term=.
d836633446ba.
9. See www.usatoday.com/story/news/nation/2014/11/18/ferguson-black-arr
rates/19043207/
22. At my.nymag.com/triniman65.
23. See http://www.bls.gov/news.release/pdf/cfoi.pdf.
24. Ibid.
25. See http://www.fbi.gov/about-us/cjis/ucr/leoka/2013/officers-feloniously-killed/
felonious_topic_page_-2013.
26. See http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2012/
spring/the-year-in-hate-and-extremism.
27. See http://www.fbi.gOv/about-us/cjis/ucr/crime~in-the-u.s/2012/crime-in-the~
u.s.-2012/offenses-known-to-law-enforcement/.
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Who Polices the Police? 77
34. At thinkprogress.org/justice/2014/12/12/3601771/people-police-killed-in-2014/.
35. Gettman (2000); see also www.aclu.org/files/assets/aclu-thewaronmarijuana-rel2.pdf.
36. See truth-out.org/news/item/28593-blood-on-their-hands-the-racist-history-of
modern -police-un ions.
37. As a corollary, we should oppose the New York State legislation proposed by
Governor Cuomo that "declares that all competitive class employees are entitled to
collective bargaining with respect to matters pertaining to disciplinary procedures." The
legislation in question is S7801/A9853. See www.brooklynnaacp.org/veto_bill_l.
38. In July 2015, New York State Governor Andrew Cuomo signed an executive
order appointing the state attorney general's office as a special prosecutor in cases
involving unarmed civilians killed by police officers. See www.brennancenter.org/bIog/
new-york-attorney-general-special-prosecutor.
39. At thinkprogress.org/justice/2014/ll/26/3597322/justice-scalia-explains-what
was-wrong-with-the-ferguson-grand-jury/.
40. At www.wnyc.org/story/can-the-nypd-spot-the-abusive-cop/.
41. At www.policefoundation.org/content/body-worn-cameras-police-use-force; sec also
"Wearing a Badge, and a Video Camera," New York Times, April 7, 2013, p. BU4.
42. See https://www.aclu.org/other/police-body-mounted-cameras-right-policies-place
win-all.
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78 Gene Grabiner
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Who Polices the Police? 79
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