America's Over-Policing Problem: Too Many Laws?

The United States has a long history of over-policing and excessive legislation that disproportionately impacts Black Americans. The origins of modern-day policing in the US can be traced back to Slave Patrols in the 1700s, which were created to establish a system of terror, squash slave uprisings, and pursue, apprehend, and return runaway slaves to their owners. After the Civil War, during the Reconstruction era, these slave patrols were replaced by militia-style groups that denied freed slaves their rights and enforced Black Codes, which restricted their access to labour, wages, voting rights, and general freedoms. This legacy of slavery and racist policing has continued through the Jim Crow era and persists today, with Black Americans facing harassment, brutality, and even death at the hands of law enforcement. In addition to over-policing, the US has also seen an explosion of laws and regulations in recent decades, with federal agencies promulgating rules that carry criminal sanctions and affect various aspects of American life. The combination of over-policing and excessive legislation has resulted in a system where certain communities, particularly Black Americans, are over-policed and over-incarcerated, while simultaneously being under-protected and under-served by the very institutions that claim to uphold justice and equality.

The Violent Crime Control and Law Enforcement Act of 1994

The bill authorized the death penalty for dozens of existing and new federal crimes and incentivized the construction of more prisons, contributing to the prison construction boom in the 1990s. It also laid the groundwork for police militarization by providing funding for law enforcement agencies to acquire military-grade weaponry and expand their forces.

The impact of the bill was felt disproportionately by Black communities, who were already suffering from a lack of state protection and higher rates of homicide. The bill's focus on punitive measures and mass incarceration failed to address the underlying issues of violence and further eroded trust in the criminal justice system among marginalized communities.

While the bill did include provisions to protect communities and victims of crimes, such as an assault weapons ban and protections for women in abusive relationships, its overall impact has been criticized for contributing to the over-policing and criminalization prevalent in American society today.

The militarisation of police

The militarisation of the police in America refers to the use of military equipment and tactics by law enforcement officers. This includes the use of armoured vehicles, assault rifles, submachine guns, flashbang grenades, sniper rifles, and SWAT (special weapons and tactics) teams. The militarisation of law enforcement is also associated with intelligence agency-style information gathering aimed at the public and political activists, and with a more aggressive style of policing.

History of Police Militarisation in America

In the 1950s, 1960s, and 1970s, the militarisation of police escalated due to race riots and anti-war protests in many US cities. The seeming success of officers armed with military-style weapons and deployed to curtail the 1965 Watts riots, which killed 34 people, contributed to the trend of arming law enforcement officers with battlefield weapons.

Factors Contributing to Police Militarisation

• War on Drugs and War on Terror: The War on Drugs and the War on Terror have been significant factors in the militarisation of police, with law enforcement agencies receiving military-grade equipment and adopting military-style tactics to combat drug trafficking and terrorism.
• Availability of Military Surplus Equipment: The 1033 program, initiated by President George H.W. Bush in 1990, allows law enforcement agencies to acquire surplus military equipment from the Department of Defense. Since 1997, this program has transferred $5.1 billion in military hardware to local and state police departments.
• Increased Encounters with Violent Protesters and Criminals: Police departments have increasingly encountered violent protesters and criminals with automatic weapons, explosives, and body armour, leading to a perception of the need for more militarised law enforcement.
• Changes in Police Training and Culture: Police academy education patterned after military boot camps, the adoption of military-style battle dress uniforms, and "warrior-like" stress training have contributed to a more militarised mindset among law enforcement officers.
• Federal Legislation and Policies: The 1965 Law Enforcement Assistance Act, the 1997 National Defense Authorization Act, and the 2001 Patriot Act have all contributed to the militarisation of police by providing funding for military equipment, expanding law enforcement powers, and blurring the lines between civilian and military functions.

Impacts and Concerns of Police Militarisation

• Civil Liberties Violations: The use of military equipment and tactics by law enforcement has led to concerns about violations of civil liberties, such as the right to privacy and freedom from unreasonable searches and seizures.
• Excessive Use of Force: Militarised police have been criticised for their excessive use of force, particularly against people of colour, resulting in injuries and deaths.
• Alienation of Community: The use of military-style equipment and tactics has alienated police from the communities they serve, damaging trust and relationships.
• Increased Aggression: The adoption of military-style uniforms and weaponry has been linked to increased aggression in both officers and the communities they serve.
• Lack of Transparency and Oversight: The acquisition and use of military equipment by law enforcement agencies have often lacked transparency and adequate oversight, raising concerns about accountability.
• Negative Impact on Policing Effectiveness: Studies have shown that militarised police are neither safer nor more effective at reducing crime, and may even lead to increased fatalities from officer-involved shootings.
• Deployment in Communities of Colour: Studies have found that militarised police units are more frequently deployed in communities with large shares of African Americans, even when controlling for local crime rates.

Efforts to Curb Police Militarisation

There have been efforts to curb the militarisation of police, including federal initiatives and local reforms:

• Federal Efforts: The Obama administration took steps to restrict the transfer of military equipment to police departments and promote community-oriented policing. However, the Trump administration later lifted these restrictions.
• Local Reforms: Some local police departments have implemented reforms to improve police-community relations, such as improving officer training, increasing transparency, and developing restorative justice programs.

The criminal justice system

The roots of modern-day policing in the US can be traced back to "Slave Patrols", which were established in the early 1700s in the Carolinas with the sole purpose of suppressing slave uprisings and capturing runaway slaves. These patrols used excessive force and instilled fear to control the slave population. After the Civil War and the passage of the 13th Amendment, slave patrols were replaced by militia groups that enforced Black Codes, which restricted the freedoms of formerly enslaved people. This period also saw the rise of local police departments that enforced Jim Crow laws, often with excessive brutality against African Americans.

To address these issues, there have been calls for reform and reallocation of police resources to ensure equitable service provision and public safety for all. However, some argue that the problem goes beyond policing and stems from broader societal failures, including education, social services, public health, and economic development.

The number of laws

The US Code is now roughly twice the length it was in 1982, and contemporary guesses put the number of federal crimes north of 5,000. In 1982, a Department of Justice lawyer spent more than two years reading the US Code, which was then around 23,000 pages long, and concluded that there were about 3,000 federal crimes.

The explosion of law has a real impact on the lives of everyday Americans. For example, in 2010, a commercial fisherman named John was arrested and charged with violating the Sarbanes-Oxley Act, a law designed to protect investors from fraudulent financial reporting by corporations. John had been fishing in the Gulf of Mexico when a state wildlife agent boarded his boat to perform a "safety inspection" and measure his fish. The agent declared that 72 red grouper were under the minimum harvesting size. However, when the agent measured the fish again a few days later, he found only 69 undersized fish. John disputed the agent's measurements, arguing that fish expand and contract when moved into and out of cool storage.

Three years later, armed agents showed up at John's home and arrested him. He was accused of destroying "tangible objects"—the fish—with the intent of impeding a federal investigation. John spent time in prison and lost his job, his house, and his principal source of income. He and his wife, Sandra, spent years fighting the charges, eventually winning a Supreme Court ruling in their favour. However, the experience left them traumatised and struggling financially.

The case of John and Sandra illustrates how the proliferation of laws and regulations can have serious consequences for ordinary citizens. It also highlights the complexity and ambiguity of the legal system, where even seemingly straightforward matters can become mired in legal complexities.

The sheer volume of laws and regulations makes it difficult for citizens to understand their rights and obligations fully, increasing the risk of inadvertent violations. This situation is further compounded by the fact that laws are often complex and filled with legal jargon, making them challenging to interpret for those without specialised knowledge.

The vast array of laws also grants significant power to law enforcement officers, who can use their discretion in interpreting and enforcing these laws. This power dynamic can be problematic, particularly in communities that have historically been over-policed and underserved, such as Black neighbourhoods.

In summary, the exponential growth of laws in the US has significant implications for citizens' lives, granting extensive powers to law enforcement and creating a complex web of regulations that citizens must navigate. This dynamic contributes to the perception of over-policing and underscores the need for a more streamlined and equitable legal system.

The role of police

The origins of modern-day policing can be traced back to "Slave Patrols", which were established in the Carolinas in the early 1700s. These patrols were tasked with pursuing, apprehending, and returning runaway slaves to their owners, often using excessive force to control and produce the desired slave behaviour. After the Civil War and during Reconstruction, slave patrols were replaced by militia-style groups that denied freed slaves their equal rights and enforced Black Codes, which restricted access to labour, wages, voting rights, and general freedoms.

Following the ratification of the 14th Amendment, which granted equal protection to African Americans, Jim Crow laws were swiftly implemented to legalize racial segregation. Local municipalities leaned on the police to enforce these laws, often with excessive brutality. This history has resulted in a criminal justice system heavily impacted by racial bias and outdated judicial precedents, with the Black community continuing to be a target of police violence and brutality.

In recent years, there have been widespread calls to "defund the police" and address the systemic racism and bias within law enforcement. Proponents of police reform argue that the police have failed to deliver equal protection to all citizens, particularly in Black communities that are simultaneously over-policed and under-policed. This means that while these communities experience high levels of police presence and surveillance, they often do not receive adequate emergency services and protection from crime.

The over-policing of Black neighbourhoods is often manifested through aggressive tactics such as stop-and-frisk, which reinforce associations between Blackness and criminality. On the other hand, under-policing leads to a lack of investment in resources that could enhance community safety and strength, further entrenching historical patterns of undervaluing and neglecting Black neighbourhoods.

The issue of police brutality has also come under scrutiny, with fatal police shootings disproportionately impacting Black Americans. Between 2019 and 2020, there were over 1,000 fatal police shootings each year, with the rate of fatal shootings among Black Americans standing at 35 per million as of March 2021. The cost of police brutality is significant, with millions of taxpayer dollars paid out each year in civil judgments and claims for police-related lawsuits.

In conclusion, the role of police in the United States is complex and deeply intertwined with the country's history of slavery and racial segregation. To address the issue of over-policing and reduce the negative impact on Black communities, police reform is necessary. This includes reallocating resources to ensure equitable service provision, reorienting tactics towards crime prevention and community collaboration, and addressing the systemic racism and bias within law enforcement.

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