On Defunding the Police – Policing as a Function

Policing refers to a function of governance responsible for the prevention, detection and investigation of crime; protection of persons and property; and the maintenance of public order and safety. Police and law enforcement officials have the obligation to respect and protect human rights, including the right to life, liberty and security of the person, as guaranteed in the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Civil and Political Rights and other relevant instruments.

 

Main argument

In this part I am presenting the argument that it is necessary to identify the core role of policing in a jurisdiction. Funding then needs to prioritize the effective and efficient implementation of that core role, and provide the means to ensure that policing is carried out within the framework of rules which reflect on the values that underpin that implementation of policing.

I also say that it is entirely common to look at which functions a police organization could carry out in addition to their core mandate. Of course, there is funding needed for this as well. However, responsible governance needs to make sure that additional tasks for a police department do not negatively affect the core mandate of that department. Responsible governance also has to question whether police is well-suited for additional tasks that may require specific, or different training. Police training is different from customs training, from military training, from training for correctional services, or from training for social services. Do not use a hammer for screws, or a screwdriver for nails. It destroys hammer, nail, screwdriver, and screws.

It is entirely legitimate to look at whether there would be better ways to implement the additional tasks given to a police organisation, by other means, such as strengthened social services. That, again, would require to re-allocate the necessary funding. Which is a form of defunding the police.

Thirdly, law enforcement needs to be equipped for carrying out its tasks. There is a direct line between the identification of “what” I want to do “how”, and what I decide to use as a technical means of assistance. If a police department decides to procure or to accept military style equipment for carrying out its tasks, that will change the attitude of officers in how they understand the task of policing. If that is leading to problems (which is evident in the United States), then reform efforts may lead to giving up purchase and use of military style equipment. Defunding the purchase of military equipment may allow both for funding core tasks of policing better (such as giving more resources to community-oriented policing), or free funds for support the work of other parts of government, such as social services.

Taken together, all three lines of what is named “defunding” are no reason to believe law enforcement and their staff would be “punished”. Instead, the reform leads to better policing, and more of it, and it leads to better other services of governance, such as social services.


Supporting arguments

It is all too easy to throw out the baby together with the used water in the bathtub if one doesn’t take the necessary time for a careful look.

The current debate about reforming policing has gone way beyond the borders of the United States of America, and it is happening on grounds of both long simmering discontent and because of current justified anger and immense outrage. Crimes such as the murder of George Floyd have triggered it, and the confrontational and at times horribly abusive handling of the protests by the system of governance is escalating it: It proves the case that something is flawed on a fundamental level. This in turn has led to so much growth of the protest movement in size that we may see, for the first time, a real chance for substantial change.

The sheer size of the demand to reform policing in its fundamental aspects is inevitably causing tension between those who advocate reform, and those who hold conservative views. That is good for a constructive democratic discourse.

Comparing how things are done elsewhere can help, as long as those who describe what they do elsewhere, and how they do it, don’t pretend that they have better ideas and solutions. We all cook with water, hypocrisy is poison to the debate.

I see, however, that there is an element in this discussion which goes beyond the constructive exchange of arguments in a reform discussion:

There are those who dig in. Reactionist forces attempt to quell the reform movement by a combination of (1) de-legitimizing reformers’ motivations; (2) de-legitimizing reformers as persons “per se” by demonizing them; and (3) pretending to associate with the cause, in order to take out the energy for change. The longer the successful application of this strategy, chances are that reform runs out of steam. And like events in 2016 allowed reactionists to boldly roll back honest and deep-looking reform efforts, the same threat is looming over 2020.

An example for de-legitimizing reformer’s motivations: Accuse them collectively and with no supporting evidence that they want to abolish the police entirely, or to de-construct the State.

An example for de-legitimizing reformers by demonizing them: Accuse them of anti-constitutional attitude, label them “radical left”, or even “domestic terrorists”, and freely make use of de-humanizing them, talking about “low-lifes”, “loosers”, or even worse.

An example for pretending to associate with the cause: Jump on the band-wagon of talking about how serious the problem is, express sympathies, be a bit emotional if you can, make sure to spread your hollow words of empathy and sympathy widely, say that you fully agree, throw in a “however”, and talk about anything but the core argument that leads to the reform necessity. Make no efforts to turn your pretended sympathies to the cause into any action.

So: What is the core argument?

The core is related to the question what the function of policing is about. No more, no less. A reform discourse needs to look at this one first.

Second comes the discussion about how (aka by which organizational means) the function of policing is implemented. Here, things become complicated, because the way how policing is being implemented is based on historical developments that are entirely localised. America’s culture is different from France, Germany, the United Kingdom, China, Russia, India, Pakistan, Sweden, Tanzania, South-Sudan, Jordan, Egypt. Or any of the 193 countries forming the United Nations. All are different. Because of their history.

But does it mean we can only talk about one country’s policing approach, and does it mean there is no possibility to come to a common denominator which we all agree upon? Do we have to engage in a never ending “My toy is fancier than yours”-debate?

The answer is: It is very much possible to come to a unified minimum understanding, because we have done and achieved exactly that. I have witnessed that, by participating in it. It took us give or take ten years from voicing the dream, through finding support, learning how to do it, until we had written it down and agreed. The result includes what I quoted in my “Statement of Solidarity“.

And this result is not a collection of lofty sentences. As the United Nations, we needed to put a common understanding of what is policing and how it should be done front and center, for purpose of maximum transparency: This is what you get when we help you, this is what we need you to agree upon when we help you, because we have a few red lines which we all must not cross in this partnership. This is what any UN Police officer will understand as her or his function, notwithstanding from where that officer comes. This is how we expect police officers to be trained before they deploy into a United Nations Mission meant to assist in handling a conflict, or recovering from conflict.

If you look up the entire work which began with the document I quoted from, you see that we broke it down into a detailed understanding: We do have a common understanding about how to carry out community-oriented policing. We share detailed understanding about intelligence-led policing. We do know what a tactical group of the Police, such as a company sized “Formed Police Unit” should do when protecting peaceful demonstrations, and how to engage with those who disturb the peace, become violent, carry out crimes. We do know how police should establish functions that ensure accountability towards the law and towards citizens. We do know how police officers should use force as the last resort.

We have written that all down, and much more. And all along the way, the United States of America was part of a truly global support for further development of this framework, stressing the need that it has to be operationalized through training. Which is what we do, all over the world, and including heavy support by the United States of America. For which I am grateful beyond words.

Does, therefore, police have to look the same anywhere? No. But it does mean that one always should look at whether we have gotten the implementation of the core function of policing right. You can assign additional functions of any kind. The discourse about whether this makes sense, or not, usually carries many practical and political arguments with weight in the specific local context. But it should always prioritize the question whether the additional tasks impede core tasks, and whether police departments are suitable and capable to carry out that task. Like any other profession, training and organization of work in the police creates specific mindsets, highly capable of implementing policing. But it does not mean that this mindset, or training, is the right one for the additional tasks that are being expected to be handled.

The way to ensure this is called management. And any reform of something which has taken root is no less than an art.

Sometimes, less tasks for the police will create much more satisfaction with results.

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