Policing Is Not ‘Public Safety’ – The Appeal
Last week, a major federal court ruling on privacy rights highlighted the flawed, police-centric way that we typically talk about public safety. In a divided decision, the Fourth Circuit Court of Appeals barred Baltimore police from using a new aerial surveillance program to indiscriminately target and track peoples movements. Analyzing data collected through the so-called spy plane program, the court said, counts as a search under the Fourth Amendment, and therefore requires police to obtain a warrant, just as when searching a home. Its a cutting-edge decision that comes as courts increasingly grapple with how the Fourth Amendments protections against police intrusions apply to new surveillance technology.
But the case is also important for the debate it sparked among the courts judges. In dissent, Judge J. Harvey Wilkinson III, a Reagan appointee, said that restricting police surveillance will tie the citys hands against a serious public safety crisis. He accused the majority of ignoring Baltimores high murder rate and said the ruling leaves only hopelessness for the good people of Baltimore, especially our dispossessed communities where rates of gun violence are highest.
Judge Roger Gregory, the first Black judge to ever serve on the Fourth Circuit, was having none of it. In response, he explained how this critique depends upon a certain premise: Policing ameliorates violence, and restraining police authority exacerbates it. As surely as water is wet, as where there is smoke there is fire, the dissent takes for granted that policing is the antidote to killing. Thus, the dissent repeatedly evokes the grief and trauma of gun deaths only in the name of a familiar cause: police and prisons.
The dissents rhetoric matches that of police chiefs clamoring for bigger budgets, particularly amid a one-year national jump in shootings. But the same assumptions are standard fare in reporting on crime and politics. Last week, for example, the New York Times equated calls for funding the police with treating public safety as a central political concern and adopting themes of public safety. The framing both reduces the concept of safety to narrow criminogenic terms (safety depends entirely on crime rates) and elevates punitive responses to crime and violence (more police, more arrests, and more incarceration) over policies that would invest in communities and promote overall health.
In his concurrence, Judge Gregory emphasized that such a blinkered view misunderstands the structural causes of violence and the futility of policing in addressing them. I am skeptical that [the dissents] logic genuinely respects and represents the humanity, dignity, and lived experience of those the dissent ventures to speak for, he wrote. Segregation effectively plundered Baltimores Black neighborhoodstransferring wealth, public resources, and investment to their white counterpartsand the consequences persist today. . . . So it is no coincidence that gun violence mostly occurs in the portions of the city that never recovered from state-sanctioned expropriation. Absent reinvestment, cycles of poverty and crime have proliferated.
Rather than reinvesting in dispossessed communities, Gregory wrote, the city over-polices them: Baltimore spends more on policing, per capita, than virtually any other comparable city in America, and in 2017, for example, a greater proportion of its general operating fund spending was allocated to policing than to education, transportation, and housing combined.
Gregorys opinion aligns with public health experts who have been calling for a more accurate and equitable conception of public safety, one that includes overall health and well-being and considers the damage that our systems of punishment inflict. Last month, anthropologist and physician Eric Reinhart argued in Health Affairs that redefining public safety to account for the harms of policing and incarceration rather than continuing to cede this influential discourse to reductive criminological terms is key for ensuring health, security, equality, and positive freedom for all U.S. residents.
As law professor John Pfaff wrote in The New Republic last week, our criminal legal system produces tremendous harm and immiseration, even death, not just for [incarcerated people] but for their families and communities. In a damning indictment of our fundamental indifference to the lives of the millions who come in contact with this system, we have no idea what the criminal legal systems actual humanitarian costs are, but they are surely staggering.
Even with incomplete information, we know that police killings are a leading cause of death for young Black men, and that police violence sends tens of thousands of people to the emergency room every year. We also know, as Reinhart writes, that jails and prisons inflict increased rates of chronic diseases that impose long-term medical needs and cost and reduce life expectancy. Even pretrial detention without a conviction, enforces persistent economic hardships and drives high rates of unemployment, homelessness, and food insecurity.
Beyond that, a growing body of researchwhat Reinhart calls carceral-community epidemiologyshows that incarceration spreads disease and increases mortality rates in surrounding communities, that our world-leading proclivity for incarceration, while disproportionately harmful to nonwhite people and dispossessed communities, is killing us all. Given their often poor conditions and porous nature, with high turnover and the constant churn of staff and visitors, jails and prisons are not like Vegas: What happens there does not stay there. Carceral institutions worldwide have long functioned as disease multipliers and epidemiological pumps for surrounding communities in relation to HIV, tuberculosis, hepatitis C, influenza, and other infectious diseases, Reinhart wrote.
This reality has been of acute importance throughout the pandemic. In May, Reinhart co-authored a study concluding that cycling individuals through Cook County Jail in March 2020 alone accounted for 13 percent of all COVID-19 cases and 21 percent of racial COVID-19 disparities in Chicago as of early August. Their analysis also showed that jail cycling is the strongest predictor of COVID-19 rates, considerably exceeding poverty, race, and population density.
Other research shows that sending more people to county jails leads to higher rates of premature community death. In February, a retrospective, longitudinal study in The Lancet examined cause-specific mortality at the county level in the U.S. over a 30-year period. It found a short-term association between county jail incarceration and mortality, with mortality due to infectious disease, chronic lower respiratory disease, substance use, and suicide as the strongest drivers. The study put the problem explicitly in public health terms, noting the risks of community-level exposure to high incarceration rates, as though the county jail was polluted water or a toxic waste site.
One of the studys authors, Sandhya Kajeepeta, a doctoral student in the Department of Epidemiology at Columbia University, told me that research framing public safety more broadly to include public health and long-term well-being really challenges our reliance on jails and prisons to keep people safe.
For Reinhart, the effort to reclaim and redefine the influential rhetoric of public safety must make clear that collective safety is best improved not by policing and prisons but rather by building robust public systems of carethat is, of economic security, environmental protections, labor rights, and housing.
Thats also the view of Leaders of a Beautiful Struggle, the grassroots advocacy organization that challenged the Baltimore surveillance program. Lawrence Grandpre, the groups director of research, wrote that their opposition to more surveillance was neither anti-police, nor born of indifference to gun violence. Instead, he wrote, we believe that safety is not simply the absence of violence, but the creation of conditions for human flourishing. Thus, we refuse the false . . . choice between community instability created by violent crime, with the community instability caused by mass incarceration, unaccountable policing, and the slow starving of our community institutions to feed a [half] billion-dollar police budget deemed to be the only investment our community needs.
Policing Is Not Public Safety
Read the original here:
Policing Is Not 'Public Safety' - The Appeal
- Permissibility of Cross-Border Share Swap: Understanding the Fourth Amendment of the NDI Rules and its Implications - SCC Online - November 23rd, 2024 [November 23rd, 2024]
- Does the Fourth Amendment protect smartphone users? - Lewiston Morning Tribune - October 12th, 2024 [October 12th, 2024]
- The Fourth Amendment shouldn't stop once you get up to drone level: Albert Fox Cahn - Fox Business - September 21st, 2024 [September 21st, 2024]
- The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence -... - September 21st, 2024 [September 21st, 2024]
- Gujarat's Proposes Fourth Amendment To Net Metering Regulations For Rooftop Solar Systems Up To 100 KW - SolarQuarter - July 26th, 2024 [July 26th, 2024]
- Nearly 96% of Private Property Is Open to Warrantless Searches, New Study Estimates - Reason - March 15th, 2024 [March 15th, 2024]
- Heres what to do (and not do) if you get pulled over in California. What are my rights? - Yahoo Movies Canada - December 12th, 2023 [December 12th, 2023]
- FBI Seized $86 Million From People Not Suspected Crimes. A Federal Court Will Decide if That's Legal. - Reason - December 12th, 2023 [December 12th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 12th, 2023 [December 12th, 2023]
- MCHS goes on lockout after weapons found on campus - Mineral County Independent-News - November 19th, 2023 [November 19th, 2023]
- Cops Stormed Into a Seattle Woman's Home. It Was the Wrong ... - Reason - November 19th, 2023 [November 19th, 2023]
- Ron Wyden, U.S. Senator from Oregon The Presidential Prayer ... - The Presidential Prayer Team - November 19th, 2023 [November 19th, 2023]
- Bill Maher Slams Critics of the West Amid Israel Conflict: Marginalized People Live Better Today Because of Western Ideals (Video) - Yahoo... - November 5th, 2023 [November 5th, 2023]
- Surveillance authority change could harm ability to stop attacks, FBI ... - Roll Call - November 5th, 2023 [November 5th, 2023]
- New York's progressive chief judge joins with conservatives to ... - City & State - November 5th, 2023 [November 5th, 2023]
- Should domestic abusers have gun rights? | On Point - WBUR News - November 5th, 2023 [November 5th, 2023]
- The Biden administrations latest executive order calls for a ... - R Street - November 5th, 2023 [November 5th, 2023]
- DPS Presents Purple Hearts, Medal of Valor and Other Prestigious ... - the Texas Department of Public Safety - November 5th, 2023 [November 5th, 2023]
- Senators Katie Britt and John Kennedy Call for Investigation into ... - Calhoun County Journal - October 15th, 2023 [October 15th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 15th, 2023 [October 15th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 15th, 2023 [October 15th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 15th, 2023 [October 15th, 2023]
- Imagine If Feds Hunted More Real Terrorists, Not Conservatives - The Federalist - October 15th, 2023 [October 15th, 2023]
- Lake Orion Voters Could Decide Removing TIF Funding for ... - Oakland County Times - August 24th, 2023 [August 24th, 2023]
- A marriage of convenience: Why the pushback against a key spy program could cave in on progressives - Yahoo News - August 24th, 2023 [August 24th, 2023]
- Iowa Public Information Board accepts one complaint against ... - KMAland - August 24th, 2023 [August 24th, 2023]
- Burleigh County weighs OHV ordinance to crack down on reckless ... - Bismarck Tribune - August 8th, 2023 [August 8th, 2023]
- AI targets turnstile jumpers to fight fare evasion, but experts warn of ... - 1330 WFIN - August 8th, 2023 [August 8th, 2023]
- As of July 1, police won't be able to stop people for smell of cannabis - The Baltimore Banner - May 20th, 2023 [May 20th, 2023]
- Baby Ninth Amendments Part V: Real Life, Potpourri, and the Big ... - Reason - May 20th, 2023 [May 20th, 2023]
- COA affirms SVF firearm conviction, finds stop and search by police ... - Indiana Lawyer - May 20th, 2023 [May 20th, 2023]
- BARINGS BDC, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - May 20th, 2023 [May 20th, 2023]
- Column: : Justice, tyrants and the mob (5/19/23) - McCook Daily Gazette - May 20th, 2023 [May 20th, 2023]
- Alabama appeals court reverses murder conviction of Ala. officer ... - Police News - May 20th, 2023 [May 20th, 2023]
- Oakland narrows town manager search to five | West Orange Times ... - West Orange Times & SouthWest Orange Observer - May 20th, 2023 [May 20th, 2023]
- The Durham Report Is Right About the Need for More FBI Oversight - Reason - May 20th, 2023 [May 20th, 2023]
- Hashtag Trending May 19- U.S. government use invasive AI to track refugees; OpenAI releases iOS ChatGPT app; Microsoft bets on nuclear fusion - IT... - May 20th, 2023 [May 20th, 2023]
- Collective knowledge doctrine applies to a traffic stop - Police News - May 18th, 2023 [May 18th, 2023]
- Privacy and civil rights groups warn against rapidly growing mass ... - TechSpot - May 18th, 2023 [May 18th, 2023]
- There Is No Defensive Search Exception to the Fourth Amendment ... - Center for Democracy and Technology - May 8th, 2023 [May 8th, 2023]
- Napolitano: Does government believe in the Constitution ... - The Winchester Star - May 8th, 2023 [May 8th, 2023]
- Constitution might as well be abandoned if amendments are not ... - Washington Times - May 8th, 2023 [May 8th, 2023]
- One police officer opens a car door, and another looks inside. Did ... - SCOTUSblog - May 8th, 2023 [May 8th, 2023]
- Biden retains option of invoking 14th Amendment to avoid default - Geo News - May 8th, 2023 [May 8th, 2023]
- North Carolina Legislature Pushing Bill That Would Allow Cops To ... - Techdirt - May 8th, 2023 [May 8th, 2023]
- Letter: Threat to our freedom | Opinion | news-journal.com - Longview News-Journal - May 8th, 2023 [May 8th, 2023]
- Parents file lawsuit alleging civil rights violations after children were ... - The Boston Globe - May 8th, 2023 [May 8th, 2023]
- Nevada moves to strengthen protections around use of sexual ... - This Is Reno - May 8th, 2023 [May 8th, 2023]
- Feds rethink warrantless search stats and oh look, a huge drop in numbers - The Register - May 8th, 2023 [May 8th, 2023]
- Its literally cost me everything. Missouri man gets jail time in Capitol riot case - Yahoo News - May 8th, 2023 [May 8th, 2023]
- Board Member Rallies to Student Who Vandalized LGBTQ Posters - FlaglerLive.com - May 8th, 2023 [May 8th, 2023]
- 4th Circuit upholds $730K award to Black Secret Service agent - Virginia Lawyers Weekly - April 19th, 2023 [April 19th, 2023]
- Suspected drug dealer who used alias to rent condo wins reversal in ... - Indiana Lawyer - April 19th, 2023 [April 19th, 2023]
- Do Priests Have a Right to Privacy? - Commonweal - April 19th, 2023 [April 19th, 2023]
- This Deceptive ICE Tactic Violates the Fourth Amendment - ACLU - April 13th, 2023 [April 13th, 2023]
- LDF Appeals Grant of Qualified Immunity in Case Involving Invasive ... - NAACP Legal Defense and Educational Fund - April 13th, 2023 [April 13th, 2023]
- Livestreaming police stop constitutionally protected - North Carolina Lawyers Weekly - April 13th, 2023 [April 13th, 2023]
- F.B.I. Feared Lawmaker Was Target of Foreign Intelligence Operation - The New York Times - April 13th, 2023 [April 13th, 2023]
- Houston police officer who opened fire in Family Dollar parking lot also shot Mario Watts in separate 2021 incident, HPD confirms - KTRK-TV - April 13th, 2023 [April 13th, 2023]
- Jayland Walker: What's legal and what's illegal during protests - Akron Beacon Journal - April 13th, 2023 [April 13th, 2023]
- IMPD officers indicted for death of Herman Whitfield III - WISH TV Indianapolis, IN - April 13th, 2023 [April 13th, 2023]
- You can support Second Amendment and want gun reform, too ... - Straight Arrow News - April 13th, 2023 [April 13th, 2023]
- Does the five-second rule apply to extending a traffic stop to permit a ... - Police News - April 13th, 2023 [April 13th, 2023]
- Charlotte moves to dismiss lawsuit from man injured during 2020 ... - Carolina Journal - April 13th, 2023 [April 13th, 2023]
- TRAVEL & LEISURE CO. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance... - April 11th, 2023 [April 11th, 2023]
- Socialism and the Equal Sharing of Misery | Business ... - The Weekly Journal - April 11th, 2023 [April 11th, 2023]
- Top 10 Court Cases That Changed the U.S. Justice System - Listverse - April 11th, 2023 [April 11th, 2023]
- A new look at the lives of ultra-Orthodox Jews: Shtetl.org provides ... - New York Daily News - April 11th, 2023 [April 11th, 2023]
- VERISK ANALYTICS, INC. : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance... - April 11th, 2023 [April 11th, 2023]
- Power Of Arrest In India, USA And UK - BW Legal World - April 11th, 2023 [April 11th, 2023]
- Jalil Muntaqim: The time to end prison slavery is now - The Real News Network - April 11th, 2023 [April 11th, 2023]
- Race and the Fourth Amendment: Defendants Raise Issue in ... - Law.com - April 9th, 2023 [April 9th, 2023]
- Why Founding Fathers passed the Third Amendment to the ... - Tennessean - April 9th, 2023 [April 9th, 2023]
- The journey of the Constitution - Pakistan Observer - April 9th, 2023 [April 9th, 2023]
- Former MPD officer sued - McMinnville - Southern Standard - April 9th, 2023 [April 9th, 2023]
- No, the RESTRICT Act wouldnt give the government access to data from your home devices - WCNC.com - April 9th, 2023 [April 9th, 2023]
- Analysis: How Strict Enforcement of Strict Gun Laws Begets ... - The Reload - April 9th, 2023 [April 9th, 2023]
- New York Court Rules Due Process Must be Considered for 'Red ... - National Shooting Sports Foundation - April 9th, 2023 [April 9th, 2023]
- Opinion: Democracy can't exist without "legal technicalities" - The Connecticut Mirror - April 9th, 2023 [April 9th, 2023]
- Commentary: Police and District Attorneys Dont Want to Give Up ... - The Peoples Vanguard of Davis - April 9th, 2023 [April 9th, 2023]