The Myth of Police Reform

There is a tendency, when examining police shootings, to focus on tactics at the expense of strategy. One interrogates the actions of the officer in the moment trying to discern their mind-state. We ask ourselves, "Were they justified in shooting?" But, in this time of heightened concern around the policing, a more essential question might be, "Were we justified in sending them?" At some point, Americans decided that the best answer to every social ill lay in the power of the criminal-justice system. Vexing social problems—homelessness, drug use, the inability to support one's children, mental illness—are presently solved by sending in men and women who specialize in inspiring fear and ensuring compliance. Fear and compliance have their place, but it can't be every place.

When Walter Scott fled from the North Charleston police, he was not merely fleeing Michael Thomas Slager, he was attempting to flee incarceration. He was doing this because we have decided that the criminal-justice system is the best tool for dealing with men who can't, or won't, support their children at a level that we deem satisfactory. Peel back the layers of most of the recent police shootings that have captured attention and you will find a broad societal problem that we have looked at, thrown our hands up, and said to the criminal-justice system, "You deal with this."

Last week I was in Madison, Wisconsin, where I was informed of the killing of Tony Robinson by a police officer. Robinson was high on mushrooms. The police were summoned after he chased a car. The police killed him. A month earlier, I'd been thinking a lot about Anthony Hill, who was mentally ill. One day last month, Hill stripped off his clothes and started jumping off of his balcony. The police were called. They killed him. I can't see the image of Tamir Rice aimlessly kicking snow outside the Cleveland projects and think of how little we invest in occupying the minds of children. A bored Tamir Rice decided to occupy his time with a airsoft gun. He was killed.

There is of course another way. Was Walter Scott's malfunctioning third-brake light really worth a police encounter? Should the state repeatedly incarcerate him for not paying child support? Do we really want people trained to fight crime dealing with someone who's ceased taking medication? Does the presence of a gun really improve the chance of peacefully resolving a drug episode? In this sense, the police—and the idea of police reform—are a symptom of something larger. The idea that all social problems can, and should, be resolved by sheer power is not limited to the police. In Atlanta, a problem that began with the poor state of public schools has now ending by feeding more people into the maw of the carceral state.

There are many problems with expecting people trained in crime-fighting to be social workers. In the black community, there is a problem of legitimacy. In his 1953 book The Quest For Community, conservative Robert Nisbet distinguishes between "power" and "authority." Authority, claims Nisbet, is a matter of relationships, allegiances, and association and is "based ultimately upon the consent of those under it." Power, on the other hand, is "external" and "based upon force." Power exists where allegiances have decayed or never existed at all. "Power arises," writes Nesbit, "only when authority breaks down."

African Americans, for most of our history, have lived under the power of the criminal-justice system, not its authority. The dominant feature in the relationship between African Americans and their country is plunder, and plunder has made police authority an impossibility, and police power a necessity. The skepticism of Officer Darren Wilson's account in the shooting of Michael Brown, for instance, emerges out of lack of police authority—which is to say it comes from a belief that the police are as likely to lie as any other citizen. When African American parents give their children "The Talk," they do not urge them to make no sudden movements in the presence of police out of a profound respect for the democratic ideal, but out of the knowledge that police can, and will, kill them.

But for most Americans, the police—and the criminal-justice system—are figures of authority. The badge does not merely represent rule via lethal force, but rule through consent and legitimacy rooted in nobility. This is why whenever a liberal politician offers even the mildest criticism of the police, they must add that "the majority of officers are good, noble people." Taken at face value this is not much of a defense—like a restaurant claiming that on most nights, there really are no rats in the dining room. But interpreted less literally the line is not meant to defend police officers, but to communicate the message that the speaker is not questioning police authority, which is to say the authority of our justice system, which is to say—in a democracy—the authority of the people themselves.

Thus it was not surprising, last week, to see that the mayor of North Charleston ordered the use of body cameras for all officers. Body cameras are the least divisive and least invasive step toward reforming the practices of the men and women we permit to kill in our names. Body cameras are helpful in police work, but they are also helpful in avoiding a deeper conversation over what it means to keep whole swaths of America under the power of the justice system, as opposed to the authority of other branches of civil society.

Police officers fight crime. Police officers are neither case-workers, nor teachers, nor mental-health professionals, nor drug counselors. One of the great hallmarks of the past forty years of American domestic policy is a broad disinterest in that difference. The problem of restoring police authority is not really a problem of police authority, but a problem of democratic authority. It is what happens when you decide to solve all your problems with a hammer. To ask, at this late date, why the police seem to have lost their minds is to ask why our hammers are so bad at installing air-conditioners. More it is to ignore the state of the house all around us. A reform that begins with the officer on the beat is not reform at all. It's avoidance. It's a continuance of the American preference for considering the actions of bad individuals, as opposed to the function and intention of systems.