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No Justice, No Peace

June 19, 2020

Note to Reader:

This work is nearly 7,000 words supported by 89 references and hundreds of lines of codes to build out original data analysis. It would not have been possible without the help of some dear friends- Garrett Stephens, Arshiya Lal, Mergim Binakaj, Dexter Strong, Sam Mabry, and Sarah Mae Domm.

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All data visualizations were created by the author for the purpose of this project and can be reused with attributed credit.

The associated GitHub repository (https://github.com/rohitborah1/NJNP) contains the full text (NJNP-05.pdf), full source datasets (NJNP Dataset.xlsx; original sources in the Data folder), original code for the data visualizations (NJNP Data Viz Code.R), and all available references (NJNP References.enlx).

For any additional information or requests, please contact the author via email through the following link: https://www.rohitborah.com/contact-me.

Given the depth of the paper, I recommend using the PDF if you are interested in the full text. However, the entirety of the work is captured below for your convenience.

No Justice, No Peace:

An Analysis of Domestic Police Policy and the History of Civil Unrest in the United States

Rohit Borah || June 2020

I. The Moral Imperative of Policing

The legitimacy of governance is inherently derived from its constituents, the people who are served by that government. Trust and obligation are foundational tenets of the social contract between a people and their government.1 Police power, an extension of government and that same social contract, is legitimized by working towards social harmony and organization.2 In a just state, a police force maintains its legitimacy by building community welfare and wellbeing.

The American police and the American police system do not make America a better place. Policing in this country is intrinsically broken, in large part due to the infrastructure that drives the abstract ideas of “justice” and “freedom.” The American police repeatedly violate the terms of the social contract that obligate it to encourage and promote the welfare of its people and society. Police in the United States are neither incentivized nor trained to be forces for good in the communities they serve.3,4 Because of these policies, an American citizen is at a significantly greater risk of being harmed by police than his or her counterparts in other countries:

Police in America are violent, both on and off the job, and are too often not held accountable for their actions. Of the 7,663 police killings that occurred from 2013 to 2019 as measured by the Mapping Police Violence project, 99% (n=7,562) have not resulted in officers being charged with a crime.5 Police officers are also more likely to be violent at home than the general public. Two separate studies have concluded that at least 40% of police households experience domestic violence, four times higher than the national average of 10%.6-8

Domestic violence is just the tip of the iceberg: a 2014 examination of police sexual violence found 548 cases in which American police officers were arrested for sexual violence in a three year span, an average of one arrest every two days.9 This study does not begin to capture the true scope of police sexual violence, as it only considered cases in which arrests were made and could not account for unreported cases, an inherent obstacle in sexual violence data reporting magnified by the power dynamic between police officer and his victim.

In the United States, police exist and have always existed as a tool of authoritarian command for driving inequality and controlling those at the bottom of the socioeconomic spectrum – a tool that is used disproportionately to exacerbate racial injustice. The first organized police force in the US was established in Boston in 1838, and other cities across the country quickly followed. Early American policing found a consistent thread in suppression: in northern cities, that meant quashing workers and labor movements, and in the South, they existed for slavery enforcement.10 In a 2006 meta-analysis of criminal justice and policing texts, researchers found “law enforcement existed in America before the Civil War for the express purpose of controlling the slave population and protecting the interests of slave owners.”11

American police continue today to serve their historical political function.12 According to the 2010 United States Census, only 13.4% of the nearly 330 million people living in America are Black.13 There are six times as many white Americans as there are Black, but Black Americans disparately make up 25.4% of all police killings.5 Black Americans are shot by police at a rate 3.1 times higher than white Americans, and unarmed Black Americans are shot at a rate 4.5 times higher than their unarmed white counterparts.14 Black men face the risk of being killed by the police more than twice greater the relative risk faced by white men.15

II. Systemic Racism Through Policy & Policing in the United States

To speak about policing, justice, and justness in the United States without mention of the deliberate targeting of Black lives is fundamentally impossible. The first article of the United States Constitution includes a clause that reduces Black persons to three fifths of a human being. The 1865 ratification of the 13th Amendment marked the end of slavery in the midst of the Civil War, a war fought specifically over the right of white men to own Black bodies. Reconstruction ushered in a period of 100 years fraught with disparities in educational and infrastructural investment, voter disenfranchisement, and domestic terrorism through lynching, convict leasing, and outright murder.16

After the Johnson presidency and the Civil Rights Era, the Nixon, Reagan and Clinton administrations set forth specific policy goals that disparately affected Black people, specifically in mass incarceration and education disparities.

Political scientists have referred to the social and economic policies of Nixon’s Southern strategy and the Reagan Revolution as a “U-turn” regarding racism and social inequality. Reagan-era education reform focused on eliminating the American public school system by cutting funds for urban school districts while working with “segregation academies and schools affiliated with white fundamentalist churches.”17 One such scholar, Jonathan Kozol, wrote in 1991 that, “In public schooling, [the Reagan administration’s] social policy has been turned back almost one hundred years,” a turnback that is especially egregious when considering the relationship between education, poverty, and crime.18,19 With regards to the Reagan-era “crack” down on the drugs that the federal government ensured came into this country along with the systematic privatization of prisons, Michelle Alexander explains succinctly in The New Jim Crow:20

“Saying mass incarceration is an abysmal failure makes sense, though only if one assumes that the criminal justice system is designed to prevent and control crime. But if mass incarceration is understood as a system of social control—specifically, racial control—then the system is a fantastic success.”

The scope and scale of policing in the United States has expanded significantly since the 1980s. The Clinton administration saw a political ideology convergence between conservatives and liberals regarding criminal justice theory. The progressive presidencies of the 1960s focused on rehabilitation gave way to Democrats in the 1990s aligning with Republicans on the retroactive punishment and control end of the criminal justice spectrum.21 This led to the passage of the Violent Crime Control and Law Enforcement Act of 1994, better known as the Clinton Crime Bill. Not only did this bill see the expansion of the federal death penalty by over fifty additional offenses, it provided for 100,000 new police officers on American streets and nearly $10B for prison funding.22

Police forces and “law and order” politicians incessantly call for increased personnel and equipment resources in bad faith with the knowledge that police do not prevent crime.23 There is no significant correlation at the municipal level between either an increased number of police or an increased police expenditure on decreasing violent crime. In a regression analysis of violent crime rate against the number of police employed per capita in 66 major American cities, the coefficient of determination is just 19%. When comparing police expenditure by city to violent crime rate, the relationship is even weaker, with the level of police expenditure accounting for only 10% of the variance in a city’s violent crime rate.

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