JFried-Policy-Memo-Demilitarization-of-the-Police

Jennifer Fried Bernard Baruch Way New York, NY 10010 (123) 456-7890 Policy Memorandum TO: The Department of Defense and The Law Enforcement Support Office (LESO) FROM: Jennifer Fried RE: Demilitarization of the Police DATE: December 3, 2015 Executive Summary Over the past decade, the United States Department of Defense has increased its funding for police militarization Not surprisingly, much of this shift came after the wake of September 11, 2001 However, our country saw a peak in funding in 2013, when over $400 million worth of military gear was given to state and local law enforcement agencies.i While some qualified cities have benefited from this funding, many agencies have taken advantage of the loose process for gaining access to such weaponry The result of this has been disastrous to many towns and families This paper will detail the history, laws, and effects of the police militarization, and will conclude by suggesting three policy options to curb the problem as presented Background Information on Police Militarization In May 2008, after their Wisconsin home had burned down, the Phonesavanh family was staying with relatives in Georgia One night, a SWAT team armed with assault rifles invaded the home and threw a flash-bang grenade—despite the presence of kids’ toys in the front yard The police were looking for the father’s nephew on minor drug charges He wasn’t there, but a 19-month-old named Bou-Bou was—and the grenade landed in his crib.ii A more widely known story involving police militarization occurred on August 9, 2014 On this day, an unarmed black teenager named Michael Brown was shot and killed by a white police officer named Darren Wilson in Ferguson, Missouri iii In the days that followed, witnesses claimed Mr Brown was shot as he walked toward Officer Wilson, while others say he was standing perfectly still iv Some onlookers stated that Mr Brown had his hands raised in the air, while others stated he had his arms by his side v While the witness’ accounts were varied, the outcome remained the same: Darren Wilson fired 12 shots at Michael Brown, killing the 18 year old and starting a surge of protests and riots in the small town of Ferguson; a town with a population of only 21,000.vi The police that arrived on scene were far from your ordinary deputy or sheriff Instead, the police that came rolling into Ferguson resembled the soldiers whom had been deployed to Iran, Iraq, and other parts of the Middle East They were dressed head to toe in camouflage—as if they might not be seen taking over the center of town—and carried rifles the size of small children.vii Behind them and their gas masks, sat uparmored trucks and snipers who were strategically placed throughout the city.viii ix Figure 1: Snapshot of an interactive map from the Cato Institute showing botched SWAT and paramilitary police raids in the United States Updated November 2015 http://www.cato.org/raidmap An Overview of Federal Programs and Grants Allowing for Police Militarization The Posse Comitatus Act of 1878 and its deconstruction The Posse Comitatus Act of 1878 (“Act”) was initially enacted as a reflection of our nations distaste for military involvement in civilian affairs x The Act itself forbade the use of the Army and, as amended, the Air Force, to execute civil law unless expressly authorized by the Constitution or by an act of Congress xi The Act codified the US custom of keeping the military separate from civilian affairs While the Act itself has essentially remained unchanged, the legs upon which it stands have slowly been cut out from under it For example, an exception to the Act was carved out to enable the application of the Insurrection Act of 1807 This act enables the President to call for the military during an insurrection or civil disobedience xii Thus, between the Insurrection Act and later similar acts, the Posse Comitatus Act is essentially ineffective The 1033 Program In 1989, congress once again used its power to enable the armed forces to support law enforcement when it enacted the National Defense Authorization Act (NDAA) As a part of the NDAA, Congress created a pathway for the Department of Defense to “directly transfer to federal and state agencies equipment…that was excess to the needs of the department….”xiii In other words, any extra weaponry, no matter what grade, is up for grabs for state and local police agencies In 1997, Congress expanded the NDAA by incorporating Title 10, Section 333, which eventually led to the development of the 1033 Program The amendment authorizes the President “to use the Armed Forces to suppress any ‘insurrection, domestic violence, unlawful combination, or conspiracy’ if law enforcement is hindered within a state, and local law enforcement is unable to protect individuals….” xiv The program itself is administered by the Law Enforcement Support Office (LESO) To participate in the 1033 Program, law enforcement agencies can apply to LESO through their states’ 1033 program coordinator Those enforcement agencies that are approved by LESO can then send appointed officials to place specific requests for items Those items that LESO approves are then transferred to the law enforcement agency, at the cost of the agency.xv Over 8,000 federal and state law enforcement agencies participate in the program.xvi The Homeland Security Grant Program In the wake of September 11, 2001, the Department of Homeland Security developed the Homeland Security Grant Program (HSGP) xvii The program has two main components: the State Homeland Security Program (SHSP) and the Urban Area Security Initiative (UASI).xviii Together, these programs provide funding to state and local governments to achieve the goal of a “secure and resilient Nation.”xix Through HSGP, “the Department of Homeland security has handed out anti-terrorism grants to cities and towns across the country, enabling them to buy armored vehicles, guns, armor, aircrafts, and such other heavy equipment as seen fit.” xx And what is the result of HSGP? As one town gains a SWAT team, a neighboring town wants one too Although SWAT teams and the like are necessary to protect our nation, a town such as Doraville, Georgia hardly seems the place for one From 2001 to 2013, Doraville experienced murders and incidents of arson xxi Yet, the town of 8,500 people has its own SWAT team, equipped with military grade weaponry, including an armored tank.xxii The Problem: Turning Our Officers Into Armies In 2010, New Haven Connecticut sent a SWAT team to a bar suspected of serving underage drinkers.xxiii And, according to one reporter for Business Insider, the police officers’ uniforms in Ferguson “would [have been] mistaken for a soldier’s if it weren’t for their ‘Police’ patches.”xxiv Such incidents beg the question, when did it become okay for police to respond in the same manner as the military? Dr Peter Krasak, a professor of justice studies at Eastern Kentucky University, estimates that the number of SWAT raids has increased from approximately 3,000 annually in the 1980’s to 50,000 annually today xxv While “There is a legitimate role for the police to keep the peace…there should be a difference between a police response and a military response.”xxvi Labeling a gathering of like-minded people a “riot” should not automatically equate to sending the troops, and the use of military grade weaponry should not be the police’s first resort—it should be their last xxvii Figure Chart from the Journal of Economic Policy depicting the number of armored combat vehicles distributed throughout the United States between 2006 and 2014 The Causes and Harms Associated with Giving Police Officers Military Grade Weaponry In 1971, renowned psychologist Philip Zimbardo conducted his famous Stanford Prison Experiment The purpose of his experiment was to determine if the callousness reported among guards in the American prison system was due to the natural disposition of the guards or was situational and based on the conditions of the prison environment xxviii Participants were assigned either the role of prisoner or guard and were placed in a lifelike prison setting.xxix Zimbardo found that all participants quickly adopted the roles they had been given Guards began harassing and dehumanizing prisoners, while prisoners became more and more submissive.xxx Although Zimbardo planned to run the experiment for two weeks, he concluded it within six days.xxxi The results of Zimbardo’s 1971 experiment ring true today As social beings, we take on the roles we are given and even the most well trained police are no exception “In Ferguson and beyond, it seems that some police officers shed the blue uniform and have put on the uniform and gear of the military, bringing the attitude along with it.” xxxii The result here is that, if you hand police officers military grade weaponry they are going to use it—whether fittingly or not As Americans, the term “war” is often associated with battles overseas, and if we look in our history books we see that such an association is somewhat correct In America’s comparatively young life, it has played host to few wars; some notable examples include the War of 1812, the American Civil War, and the Mexican-American War.xxxiii Today, the word “war” is being applied to incidents more closely tied to US soil Our nations use of the phrases “the war on drugs” and “the war on terror” has brought conflicts to our home front, and with it, an altering of the attitudes of our police officers “Military equipment is used against an enemy…so if you give the same equipment to local police, by default you create an environment in which the public is perceived as an enemy.”xxxiv Thus, we have created an environment where the police are no longer protecting our neighborhoods from everyday criminals, but they are acting as our nations homeland security Options for Curbing Police Militarization The problem here is not the officers themselves or the towns that want to appear as safe as their neighboring town The problem is with the $34 billion in grants that have been given out since HSGP’s inception and the lack of oversight that has been attached to that funding.xxxv This is not to say that these programs should be cut overall Between the 2013 Boston Marathon bombing and the number of ISIS supporters being found in US cities, clearly our officers need to be ready to handle extreme circumstances xxxvi However, the allocation of military grade weaponry should not be considered the norm Protesters should not fear going up against riot police armed with tear gas, and the small town of Doraville Georgia should not be fighting its daily crimes with an armored tank Downsizing The Available Programs The first step that should be taken by the Department of Homeland Security is to downsize the aforementioned grant programs By downsizing these programs and encouraging police to engage in what we might think of as traditional policing practices, our country can re-learn how to respond to criminal and civil acts of disobedience In May 2015, President Obama announced that his administration would be banning federal transfers of certain types of military gear to local police departments xxxvii “The banned items are tracked armored vehicles, bayonets, grenade launchers, ammunition of 50-caliber or higher, and some types of camouflage uniforms.” xxxviii However, local police can still bypass such federal restrictions by purchasing equipment from private sellers.xxxix While Obama’s announcement has brought forth praise from many, it ultimately falls short of solving the greater issue at hand “Anti-police brutality and law enforcement reform groups…, [praised] the move by the Obama administration but [painted] it a small step in…a long process….”xl Removing six items from a list of plenty is like making a dent in an armored vehicle—practically unnoticeable.xli By limiting funding and further restricting the equipment to be handed out and as it is handed out, we will be discouraging the use of military grade materials to resolve civilian affairs Higher Standards and Vetting Process to Participate in the Program(s) By downsizing its programs, the Department of Homeland Security will naturally need to be more selective of what cities and townships receive grants Thus a more comprehensive vetting process should be developed in order to choose the locations actually in need of military grade weaponry and also those locations most suited to train their officers in the proper use of such weaponry In creating higher standards, the Department of Defense should require participating agencies to demonstrate an explicit, individualized justification for receiving 1033 support Furthermore, restrictions on the amount of and type of equipment given away should be in place Although agencies have the opportunity to put in specific requests for equipment and LESO has the opportunity to grant or deny those requests, such granting or denying should be based on the specific needs of the requesting agency A perfect example of a request that should have been denied, but was somehow granted, can be seen in the small town of Keene, New Hampshire When the police chief of Keene was asked to explain his purchase of an approximately $300,000 BearCat armored personnel-carrier, he stated it would be used to patrol Keene’s “Pumpkin Festival and other dangerous situations.” xlii Unless Keene’s previous pumpkin festivals resulted in the detonation of mines and other such warfare, Keene’s purchase, at a minimum, was extravagant and unwarranted Increasing Accountability and Follow-Up Procedures In August 2014, Senior Counsel at the ACLU’s Center for Justice stated, “…Not only has policing become excessively militarized, but this militarization has occurred with almost no oversight.”xliii Without increasing accountability, the above options will lack any real backbone Thus, a third consideration is to increase accountability of those who receive grants by implementing follow-up procedures on both ends—the receiving agencies and the Department of Defense Currently, there is a biannual Program Compliance Review that simply utilizes the checklist method It is not rigorous and only requires a few check marks affirming that participating agencies: are still eligible (i.e a law enforcement agency), maintain their records and inventory, and have in place a compliance review process.xliv Clearly, greater oversight is needed, and relying merely on internal management is simply not enough Therefore, more comprehensive follow-ups should require agencies to give a detailed report of their use or nonuse of any equipment they received through the grant program The Department of Defense should then evaluate that agencies use of the equipment and determine if it is being operated and maintained properly, or if the agency should be required to return the weaponry Furthermore, the Department of Defense should periodically physically go to the locations where the equipment has been deployed and evaluate the controls in place at that local agency Recommendation Based on the foregoing information, the policy option that should be implemented as soon as possible is option number two: Higher Standards and Vetting Process to Participate in the Program(s) This option has the greatest likelihood of having an effective and immediate impact Furthermore, implementing this policy option will naturally lead to the downsizing of available programs because less cities and towns will qualify to participate The difficulties in implementing this option are twofold First, a vetting process that is both detailed and flexible must be created The process must be strict enough that only the locations in serious need of military grade weaponry qualify, but also flexible enough to cover a range of possible scenarios Most importantly, every enforcement agency must go through the same process when seeking to participate in grant and funding programs Second, locations that have already benefited from the grant programs should be reevaluated under the new vetting process Those places that no longer qualify for any materials they had previously purchased or were given will need to return those items, for a refund if necessary Although this second part may seem costly and time consuming, it is necessary to ensure a consistent process and a level playing field for all enforcement agencies across the nation Conclusion In August 2012, in a report for the FBI’s Law Enforcement Bulletin, Mike Masterson, chief of the Boise, Idaho Police Department wrote, “Officers must avoid donning their hard gear as a first step…Police should not rely solely on their equipment and tools Experience shows that… dialogue is invaluable Law enforcement officers must defuse confrontations to ensure strong ties with the community.”xlv By examining the current state of affairs between the police and the rest of society, we can only say that Masterson’s statement, for the moment, is an idyllic statement However, it is not unattainable By demilitarizing our police and teaching agencies to use military tactics as a last resort we might be able to reach a point where the police are seen as a part of the community, instead of feared by the community Thank you for your time and consideration of this very important topic Please not hesitate to contact me with any questions or concerns Sincerely, Jennifer Fried i Economic Policy Journal (2014, August 18) In Charts: The Militarization of America’s Police Retrieved October 20, 2015 http://www.economicpolicyjournal.com/2014/08/in-charts-militarizationof-americas.html ii Cato Institute Retrieved October 15, 2015 http://www.cato.org/raidmap iii Buchanan, L., Fessenden, F., Lai, K., Park, H., Parlapiano, A., Tse, A., Watkins, D (2014, August 12) What Happened in Ferguson? Retrieved September 17, 2015, from http://www.nytimes.com/interactive/2014/08/13/us/ferguson-missouri-town-under-siege-after-policeshooting.html?_r=0 iv Ibid v Ibid vi Szoldra, P (2014, August 12) This Is The Terrifying Result Of The Militarization Of Police Retrieved September 17, 2015, from http://www.businessinsider.com/police-militarization-ferguson2014-8 vii Ibid viii Reilly, R (2015, July 1) Intimidating, Unconstitutional Police Tactics In Ferguson Incited More Unrest, Says DOJ Expert Report Retrieved September 17, 2015, from http://www.huffingtonpost.com/2015/06/30/ferguson-protests-police-response_n_7698548.html ix Cato Institute Retrieved October 15, 2015 http://www.cato.org/raidmap x Doyle, C Elsea, J (2012, August 16) The Posse Comitatus Act and Related Matters: The Use of Military to Execute Civilian Law Retrieved October 2, 2015, from https://www.fas.org/sgp/crs/natsec/R42659.pdf xi Ibid xii Ibid xiii Ibid xiv Ibid xv Ibid xvi Defense Logistics Agency Retrieved October 2, 2015 http://www.dispositionservices.dla.mil/leso/Pages/1033ProgramFAQs.aspx#q1 xvii Fiscal Year 2015 Homeland Security Grant Program | FEMA.gov (2015, July 28) Retrieved September 17, 2015, from http://www.fema.gov/fiscal-year-2015-homeland-security-grant-program xviii Ibid xix Ibid xx Bernick, E (2013, August 22) Overmilitarization: Why Law Enforcement Needs to Scale Down Its Use of Military Hardware and Tactics Retrieved September 17, 2015, from http://www.heritage.org/research/reports/2013/08/overmilitarization-why-law-enforcement-needs-toscale-down-its-use-of-military-hardware-and-tactics xxi Crime rate in Doraville, Georgia (GA): Murders, rapes, robberies, assaults, burglaries, thefts, auto thefts, arson, law enforcement employees, police officers, crime map (2015) Retrieved September 17, 2015, from http://www.city-data.com/crime/crime-Doraville-Georgia.html xxii Balko, R (2014, August 13) Tiny Georgia police department posts terrifying SWAT video Retrieved September 17, 2015, from https://www.washingtonpost.com/news/thewatch/wp/2014/08/13/tiny-georgia-police-department-posts-terrifying-swat-video/ xxiii The Economist (2014, March 22) Cops or Soldiers? Retrieved October 6, 2015 http://www.economist.com/news/united-states/21599349-americas-police-have-become-toomilitarised-cops-or-soldiers xxiv Szoldra, P (2014, August 12) This Is The Terrifying Result Of The Militarization Of Police Retrieved September 17, 2015, from http://www.businessinsider.com/police-militarization-ferguson2014-8 xxv McKay, T (2014, August 18) Disturing Facts About Police Militarization in America Retrieved October 6, 2015 http://mic.com/articles/96448/5-disturbing-facts-about-police-militarization-inamerica xxvi Paul, R (2014, August 14) Rand Paul: We Must Demilitarize the Police Retrieved September 17, 2015, from http://time.com/3111474/rand-paul-ferguson-police/ xxvii Economic Policy Journal (2014, August 18) In Charts: The Militarization of America’s Police Retrieved October 20, 2015 http://www.economicpolicyjournal.com/2014/08/in-charts-militarizationof-americas.html xxviii McLeod, S (2008) Zimbardo - Stanford Prison Experiment | Simply Psychology Retrieved September 17, 2015, from http://www.simplypsychology.org/zimbardo.html xxix Ibid xxx Ibid xxxi Ibid xxxii Szoldra, P (2014, August 12) This Is The Terrifying Result Of The Militarization Of Police Retrieved September 17, 2015, from http://www.businessinsider.com/police-militarization-ferguson2014-8 xxxiii Gibson, M (2011) List of American Wars Retrieved September 17, 2015, from http://www.ranker.com/list/list-of-american-wars/michael-gibson?page=9&var=2 xxxiv Singal, J (2014, August 14) How Militarizing Police Can Increase Violence Retrieved October 6, 2014 http://nymag.com/scienceofus/2014/08/how-militarizing-police-can-increase-violence.html xxxv Fiscal Year 2015 Homeland Security Grant Program | FEMA.gov (2015, July 28) Retrieved September 17, 2015, from http://www.fema.gov/fiscal-year-2015-homeland-security-grant-program xxxvi Boston Marathon Bombings (2014) Retrieved September 17, 2015, from http://www.history.com/topics/boston-marathon-bombings xxxvii Nakamura, D Lowery, W (2015, May 18) Obama Administration bans some military style assault gear from local police departments Retrieved October 5, 2015 http://www.washingtonpost.com/news/post-politics/wp/2015/05/18/obama-to-visit-camden-n-j-to-toutcommunity-policing-reforms/ xxxviii Ibid xxxix Perez, E Liptak, K Malloy, A (2015, May 18) Obama will restrict grenade launchers, military equipment from local police Retrieved October 6, 2015 http://www.cnn.com/2015/05/18/politics/bayonets-police-white-house/ xl Nakamura, D Lowery, W (2015, May 18) Obama Administration bans some military style assault gear from local police departments Retrieved October 5, 2015 http://www.washingtonpost.com/news/post-politics/wp/2015/05/18/obama-to-visit-camden-n-j-to-toutcommunity-policing-reforms/ xli Defense Logistics Agency Property Available to 1033 Customers http://www.dispositionservices.dla.mil/leso/Documents/propertyavailable.pdf xlii Swanson, A (2014, August 19) Why are Small Towns Across America Acquiring Mine-Resistant Military Vehicles? Retrieved October 5, 2015 http://www.forbes.com/sites/anaswanson/2014/08/19/tanks-to-nowhere-why-the-us-is-losing-thedomestic-investment-game/ xliii Dansky, K (2014, August 15) Police Militarization is Out of control and There’s No Oversight Retrieved October 5, 2015 http://www.nytimes.com/roomfordebate/2014/08/14/are-police-forcesexcessively-armed/police-militarization-is-out-of-control-and-theres-no-oversight xliv ACLU (2014, June) War Comes Home: The Excessive Militarization of American Policing Retrieved October 6, 2015 https://www.aclu.org/sites/default/files/assets/jus14-warcomeshome-reportweb-rel1.pdf xlv Eichenwald, K (2014, August 18) Why Militarized Police Departments Don’t Work Retrieved October 5, 2015 http://www.newsweek.com/2014/08/29/why-militarized-police-departments-dontwork-265214.html