Repairing A Broken Police System.

Though evidence of the breakdowns in policing have been constant (Daunte Wright, Caron Nazario, George Floyd, Breona Taylor, Ahmaud Arbery, Sandra Bland, etc., etc., etc.), change has been painstakingly slow. So, what can we do to prevent unnecessary deaths and provide equal justice under the law? To begin, let’s look at the reality of policing in the US:

1 – Only 6.7 percent of police calls involve a possible crime. The vast majority of 911 calls involve welfare checks, trespassing, homelessness, drug abuse, and mental health issues.

2 – It requires relatively little training to receive certification for law enforcement in the US. Although some police departments require a college degree in criminal justice, others simply require candidates to complete basic training. Much of that training consists of classroom work and military-style discipline (inspections, marching in file, and firearms training). There are no national standards.

3 – US police officers receive less training than many of their international counterparts. In Germany, for example, recruits are required to spend up to 4 years in basic training. By contrast, US recruits may receive as little as 20 weeks of basic training.

4 – The focus of policing is on solving crimes more than preventing them. The old-fashioned beat cop is increasingly rare. Further, many officers do not live in the community they serve. As a result, police departments often don’t reflect the racial, ethnic, and gender make-up of their communities.

5 – Despite what we see on TV and in movies, police solve relatively few violent crimes. According to Pew Research, in 2019, police solved just 45.5 percent of the violent crimes reported to them and only 17.2 percent of property crimes. Only one-third of reported rapes are solved.

6 – Law enforcement is less dangerous than many other professions. According to the Bureau of Labor Statistics, logging, deep sea fishing, piloting aircraft, roofing, waste collection and recycling, truck driving, farming, construction, and even landscaping are more dangerous. Working as a law enforcement officer ranks 19th, yet most police officers are armed to the teeth.

Now let’s look at how we can change policing to become more effective and less costly:

1 – Create a separate department to respond to non-criminal, non-violent calls. There are several successful alternatives to police. In Eugene, Oregon, a program called CAHOOTS (Crisis Assistance Helping Out On The Streets) has operated successfully for nearly 30 years. 911 calls are triaged. If the call does not involve criminal behavior, the dispatcher sends a two-person team that consists of a medical professional and a mental health professional. The focus is on de-escalating situations and providing needed help rather than the threat of incarceration.

2 – Improve hiring and training of officers. Institute national standards for all law enforcement. Those standards should require the equivalent of a bachelor’s degree. They should also include a battery of psychological tests plus training in de-escalation, and race relations. Additionally, they should include training for non-lethal responses to offenders who are armed with weapons other than guns.

3 – Improve training of dispatchers. Dispatchers should be skilled in triaging and clearly preparing first responders for what to expect. Poor communications can lead to poor results. For example, a 911 caller reported a young man pointing a gun at passersby but noted that it could be a toy, a detail not relayed to responding police officers. As a result, a young boy was shot and killed while playing with his airsoft gun.

4 – Reduce the number and lethality of weapons on the street. Thanks to the NRA and gun manufacturers, police must assume everyone they encounter represents a deadly threat. Fewer guns will result in fewer deaths of citizens and police. It would also help police to solve violent crimes by demanding registration of all guns and ammunition so they can be tracked to the perpetrators of crimes.

5 – Rely on technology for most traffic control. Using so-called redlight cameras to control speeds and most other traffic violations will prevent racial profiling and relieve police officers from many of the encounters that can turn deadly.

6 – Refocus prisons on rehabilitation of inmates. Prisons should not be mere warehouses for offenders or finishing schools for criminals. They should offer more programs to prepare prisoners for their return to polite society. It is well-known that such programs can reduce crime and recidivism.

7 – Expand mental health facilities and destigmatize mental health issues. Suffering a mental health crisis is not a crime. It should be treated like any other health problem.

8 – Eliminate or reduce poverty. Poverty is not a crime. But it, too often, leads to interactions with law enforcement, such as failure to pay traffic fines, failure to purchase licenses and required drivers insurance, as well as homelessness. In too many cases, it leads to drug abuse as a form of escapism resulting in encounters with law enforcement.

9 – Decriminalize the use of illicit drugs. Substance abuse is a medical issue and/or a mental health issue that cannot be solved by law enforcement.

We cannot know if implementing such measures will solve all the problems. But we do know what doesn’t work – the system we have now.

Our Broken Criminal Justice System.

Trump’s acquittal for inciting an insurrection and his pardons of some of the most treacherous criminals in our nation’s history only serve to call more attention to the inequalities of our justice system. The contrast is particularly stark in comparison to the treatment of people of color over the past year.

The truth is, the US incarcerates more people than any other nation on Earth (2.1 million as of 2018) and a higher percentage of its citizens than any other nation (639 per 100,000). Moreover, our prison populations are disproportionately people of color. And people of color are disproportionately subjected to police violence.

Why?

As with most things, the answer is: It’s complicated. Certainly, the color of one’s skin does not make one more prone to commit crimes. It does not make one more violent. Similarly, not all white people and white cops are racist. But the answer is rooted in our history of slavery, Jim Crow, and our continuing systemic racism.

For example, numerous studies have found that students of color are disproportionately affected by suspensions and punishments in schools. And the inequity begins early. Though black students represent 18 percent of preschool enrollment, they represent 42 percent of students who are suspended once and 48 percent of those suspended more than once.

The impact of such bias is long-lasting. Suspended students are less likely to graduate on time. They are more likely to repeat a grade, drop out of school, or become involved in the juvenile justice system. And, once in the system, it is difficult for them to escape. A 2018 study published in the Boston University Law Review found a profound racial disparity in the misdemeanor arrest rate” for drug possession, theft and simple assault. In addition, they are disproportionately subjected to police violence. This disparity was borne out by the Department of Justice investigation into the City of Ferguson, Missouri following the slaying of Michael Brown, an unarmed young black man.

That report revealed a pattern of unlawful conduct within the Ferguson Police Department that violated the 1st, 4th, and 14th Amendments. In short, the investigation found that the city’s administration, its police force, and its municipal court system viewed its largely black population less as residents than as sources of revenue. Residents were arrested for minor crimes and given fines they could not afford to pay. When they failed to pay the fines, the amounts were increased. Ultimately, they were jailed until they could come up with the money to obtain their release.

And Ferguson is not unique. You can find the same pattern in the poorest neighborhoods of almost every US city.

Further, as abundantly demonstrated by the George Floyd, Breanna Taylor, Philando Castile, Freddie Gray, John Crawford III, Tamir Rice, and untold others killed by police, there is significant racism within the police ranks. Young black males are killed by police at a rate 5 times greater than whites. And more than double the rate of Latinos.

Even if the police are not intentionally racist, many have preconceived, subconscious biases. Many assume people of color are guilty of something. They see expressions of free speech as unlawful disobedience. They see innocent movements as threats. And they too often resort to excessive force. Yet, although the number of documented cases of police abuse has grown as a result of the availability of cellphone video, the overwhelming majority of cases still go unreported for fear of retaliation.

There are many contributing factors for the problems: Police leadership – both at the top and within the ranks, flawed hiring practices, and inadequate or over aggressive training. Police are too often expected to deal with situations, such as mental health crises, for which they are unqualified and unprepared. And they are often the victims for poor communication from dispatchers. Police are also victims of our nation’s runaway gun culture. Any American can obtain a gun. And many have more firepower than the responding officers.

Other factors are the militarization of our police forces through the purchase of surplus military equipment. To keep these items, they must prove that they use it. That tends to escalate the violence. And we can’t overlook the police federations that make it difficult for Police Chiefs to enforce meaningful disciplinary actions against abusive officers.

Our court system is equally at fault.

The United Nations Sentencing Project found that US operates two distinct criminal justice systems: One for the wealthy. Another for the poor.

While people like Trump and his friends can afford high-powered attorneys to avoid or delay justice through complicated and expensive motions, the poor, especially people of color are treated very differently. Since the courts and public defenders are overwhelmed with caseloads, prosecutors are often able to intimidate defendants into accepting plea bargains. If they plead to a felony, they are often placed into a prison system focused on revenge rather than rehabilitation and education. Once they’re released, they’re still viewed as dangerous. In many states, they can’t vote. And they find it difficult to get jobs. All too often, that leads them to commit other crimes.

If their crimes involve mental illness, they may be even worse off. The US has all but eliminated mental health facilities. So, the mentally ill are relegated to jail cells. When they act up or become violent, they are placed in solitary confinement, which, in essence, becomes a life sentence.

We can’t make America great again. Because it never was. And it won’t be until we eliminate systemic racism and redesign the criminal justice system from top to bottom.

Prisoners Of Greed.

Contrary to popular belief, crime does pay. But not in the way you think. It’s not necessarily the criminals who profit. It’s the corporations that imprison them. You see, more and more of our states are replacing state-run prisons with prisons run by private corporations. And since the US has 25 percent of the world’s prisoners and only 5 percent of the population, prisons have become a very big business.

Although crime is generally going down and the number of prisoners is shrinking, thanks to intensive lobbying efforts, we are still building more private prisons. To make matters worse, the prison corporations have contracts that dictate that they will not accept any prisoners with chronic illnesses. Their contracts guarantee 85 percent to 100 percent occupancy. Yet it has been shown that private prisons cost significantly more per prisoner than public prisons.

But cost is only one of the problems associated with private prisons. It has been reported that 78 percent of those entering prison have drug problems. Indeed, addiction is one of the contributing factors to most crimes. Yet only 6 percent receive treatment while in prison despite evidence that every dollar spent on drug treatment saves $18.02 in the cost of enforcement, court cases and incarceration.

50 percent of those in prison have committed non-violent crimes, many of them minor. But, because of its Three Strikes and You’re Out law, California has some people serving life sentences for such crimes as stealing a $69 jacket. This is not only inhumane. It’s ineffective. Criminologists know that the peak ages for crime are between 16 and 25. They also know that there is an optimum amount of punishment needed to prevent recidivism. That time varies according to the crime and the individual. If you keep someone in prison for too long, they are more likely to be violent when they get out. And since 93 percent of prisoners will eventually be released, you can see the potential for problems.

If you treat people like animals, they tend to act like animals.

Nevertheless, many politicians continue to push for more severe sentences and harsh conditions for prisoners. The mentality is to house criminals rather than rehabilitate them. Criminologists can prove that such policies don’t work. But their knowledge is often rejected because politicians have found that being “tough on crime” helps their chances for re-election.

Further, such “get tough” policies are good for the profits of private prison corporations. And the private prison corporations often contribute to political campaigns.

Unfortunately, our enormous prison population is damaging our country. It has not only harmed our human rights reputation around the globe. It has destroyed families and entire communities. 1 in 33 school children in the US have at least one parent in prison. 1 in 4 Americans have a felony record.  Moreover, a study by the Pew Research Center found that if you arrest 500 people in a community of 100,000, you disrupt the entire community. Yet there are many communities in which we have arrested as many as 750.

Criminologists know that the best deterrent to crime is certainty of punishment more than the length and severity of punishment. But our politicians pay no attention. We also know that education prevents crime. Yet we now pay 40 percent more for prisons than we do for education.

Our priorities could not be more upside-down.