A Gift America Can’t Return: The Police State Is America’s New Crime Boss

“There are always risks in challenging excessive police power, but the risks of not challenging it are more dangerous, even fatal.”
Hunter S. Thompson, Kingdom of Fear

The American police state has become America’s new crime boss.

Thirty years after then-President Bill Clinton signed the Violent Crime Control and Law Enforcement Act into law, its legacy of mass incarceration, police militarization, and over-criminalization continues to haunt us.

It has become the gift that America can’t seem to return.

We are now suffering the blowback from the triple threats of the Crime Bill: police militarization, a warrior mindset that has police viewing the rest of the citizenry as enemy combatants, and law enforcement training that teaches cops to shoot first and ask questions later.

Too often, that “triple threat” also manifests itself in deadly traffic stops, the use of excessive force against unarmed individuals, and welfare checks turned fatal.

The Crime Bill fueled the rise of the police state by pouring funding into law enforcement agencies, particularly for military-grade weaponry and the expansion of police forces. It also laid the groundwork for mass incarceration by incentivizing the construction of more prisons and enacting harsh “three strikes” laws that mandated lengthy sentences for repeat offenders.

Most critically, the Crime Bill led to the explosive growth of SWAT teams across the country.

It’s estimated that more than 80,000 SWAT raids are carried out every year. That translates to over 200 every single day in the U.S.

Among the tens of thousands of raids that leave in their wake the wreckage of lives, homes and trust in the nation’s so-called peacekeepers, some are so egregious as to cut through the apathy and desensitization that has settled over the nation regarding police violence.

Breonna Taylor was killed when plainclothes police executed a no-knock warrant of her home late at night.  Officers used a battering ram to enter the home. Taylor’s boyfriend, believing it was a home invasion, fired a warning shot. Officers responded with a barrage of gunfire, killing Taylor.

Such tragedies are not isolated incidents.

They are the direct result of a system built on policies like the 1994 Crime Bill.

The unfortunate reality we must come to terms with is that America is overrun with militarized cops—vigilantes with a badge—who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

It doesn’t matter where you live—big city or small town—it’s the same scenario being played out over and over again in which government agents, hyped up on their own authority and the power of their uniform, ride roughshod over the rights of the citizenry.

These warrior cops, who have been trained to act as judge, jury and executioner in their interactions with the public and believe the lives (and rights) of police should be valued more than citizens, are increasingly outnumbering the good cops, who take seriously their oath of office to serve and protect their fellow citizens, uphold the Constitution, and maintain the peace.

Indeed, if you ask police and their enablers what Americans should do to stay alive during encounters with law enforcement, they will tell you to comply, no matter what.

In other words, it doesn’t matter if you’re in the right, it doesn’t matter if a cop is in the wrong. If you want to emerge from a police encounter with your life and body intact, then you’d better do whatever a cop tells you to do.

In this way, the old police motto to “protect and serve” has become “comply or die.”

This is the unfortunate, misguided, perverse message that has been beaten, shot, tasered and slammed into our collective consciousness over the past few decades, and it has taken root.

This is how we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat “we the people” like suspects and criminals.

As a result, Americans as young as 4 years old are being leg shackled, handcuffed, tasered and held at gun point for not being quiet, not being orderly and just being childlike—i.e., not being compliant enough.

Americans as old as 95 are being beaten, shot and killed for questioning an order, hesitating in the face of a directive, and mistaking a policeman crashing through their door for a criminal breaking into their home—i.e., not being submissive enough.

And Americans of every age and skin color are continuing to die at the hands of a government that sees itself as judge, jury and executioner over a populace that have been pre-judged and found guilty, stripped of their rights, and left to suffer at the hands of government agents trained to respond with the utmost degree of violence.

At a time when growing numbers of unarmed people have been shot and killed for just standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety, even the most benign encounters with police can have fatal consequences.

The problem, as one reporter rightly concluded, is “not that life has gotten that much more dangerous, it’s that authorities have chosen to respond to even innocent situations as if they were in a warzone.”

Warrior cops—trained in the worst-case scenario and thus ready to shoot first and ask questions later—are definitely not making us or themselves any safer.

Worse, militarized police increasingly pose a risk to anyone undergoing a mental health crisis or with special needs whose disabilities may not be immediately apparent or require more finesse than the typical freeze-or-I’ll-shoot tactics employed by America’s police forces.

Indeed, disabled individuals make up a third to half of all people killed by law enforcement officers. (People of color are three times more likely to be killed by police than their white counterparts.)

If you’re black and disabled, you’re even more vulnerable.

Specifically, what we’re dealing with today is a skewed shoot-to-kill mindset in which police, trained to view themselves as warriors or soldiers in a war, whether against drugs, or terror, or crime, must “get” the bad guys—i.e., anyone who is a potential target—before the bad guys get them.

This nationwide epidemic of court-sanctioned police violence carried out with impunity against individuals posing little or no real threat has all but guaranteed that unarmed Americans will keep dying at the hands of militarized police.

Making matters worse, when these officers, who have long since ceased to be peace officers, violate their oaths by bullying, beating, tasering, shooting and killing their employers—the taxpayers to whom they owe their allegiance—they are rarely given more than a slap on the hands before resuming their patrols.

This lawlessness on the part of law enforcement, an unmistakable characteristic of a police state, is made possible in large part by police unions which routinely oppose civilian review boards and resist the placement of names and badge numbers on officer uniforms; police agencies that abide by the Blue Code of Silence, the quiet understanding among police that they should not implicate their colleagues for their crimes and misconduct; prosecutors who treat police offenses with greater leniency than civilian offenses; courts that sanction police wrongdoing in the name of security; and legislatures that enhance the power, reach and arsenal of the police, and a citizenry that fails to hold its government accountable to the rule of law.

Indeed, not only are cops protected from most charges of wrongdoing—whether it’s shooting unarmed citizens (including children and old people), raping and abusing young women, falsifying police reports, trafficking drugs, or soliciting sex with minors—but even on the rare occasions when they are fired for misconduct, it’s only a matter of time before they get re-hired again.

Much of the “credit” for shielding these rogue cops goes to influential police unions and laws providing for qualified immunity, police contracts that “provide a shield of protection to officers accused of misdeeds and erect barriers to residents complaining of abuse,” state and federal laws that allow police to walk away without paying a dime for their wrongdoing, and rampant cronyism among government bureaucrats.

It’s happening all across the country.

This is no longer a debate over good cops and bad cops.

It’s a power struggle between police officers who rank their personal safety above everyone else’s and police officers who understand that their jobs are to serve and protect; between police trained to shoot to kill and police trained to resolve situations peacefully; most of all, it’s between police who believe the law is on their side and police who know that they will be held to account for their actions under the same law as everyone else.

Unfortunately, more and more police are being trained to view themselves as distinct from the citizenry, to view their authority as superior to the citizenry, and to view their lives as more precious than those of their citizen counterparts.

Instead of being taught to see themselves as mediators and peacemakers whose lethal weapons are to be used as a last resort, they are being drilled into acting like gunmen with killer instincts who shoot to kill rather than merely incapacitate.

In Barnes v. Felix, a case before the U.S. Supreme Court, the justices have been asked to do away with the “moment-of-threat doctrine,” which encourages police to act recklessly with impunity, unnecessarily escalating the level of danger in situations involving relatively minor crimes and then responding to the perceived danger with deadly force.

Like the Ghost of Christmas Past, the 1994 Crime Bill haunts us with its legacy of injustice. Its Ghost of Christmas Present shows us the ongoing struggles with police brutality and mass incarceration. And its Ghost of Christmas Future warns us of a society where over-policing and surveillance become the norm.

So how do we counter the triple threats posed by the Crime Bill?

Despite the outcry from those on the left, the answer is not to de-fund the police, although it wouldn’t hurt to loosen the military industrial complex’s chokehold on America.

What we really need to do is de-fang the police: de-militarize (reduce the reliance on military-grade equipment and tactics), de-weaponize, and focus on de-escalation tactics (prioritizing communication and conflict resolution skills over the use of force), a shift in mindset (moving away from the “warrior” mentality towards a guardian or community policing model), and better accountability.

As with all things, change must start locally, in your hometown.

Remember, a police state does not come about overnight. It starts small, perhaps with a revenue-generating red light camera at an intersection. When that is implemented without opposition, perhaps next will be surveillance cameras on public streets. License plate readers on police cruisers. More police officers on the beat. Free military equipment from the federal government. Free speech zones and zero tolerance policies and curfews. SWAT team raids. Drones flying overhead.

No matter how it starts, however, as I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it always ends the same.

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at www.amazon.com. Whitehead can be contacted at [email protected]. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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