By Kevin D. Williamson
Wednesday, June 10, 2020
The recent death of George Floyd at the hands of
Minneapolis police, and the riots and anti-riot police actions that followed
them, have made new radical libertarians out of some of our friends on the
left, who are demanding the defunding and abolition of city police departments.
As Dan
McLaughlin points out, their cheerleaders in the media are undertaking
yogic exertions to pretend that left-wing radicals proposing to abolish city
police departments are not left-wing radicals proposing to abolish city police
departments. Apparently, we are to apply the Selena Zito method and take them
seriously but not literally.
There is someone we might consult about a plausible
police-reform agenda: the founding father of modern policing, Sir Robert Peel.
Police departments as we know them today are a relatively
new kind of agency. We have had courts, sheriffs, bailiffs, etc., for a long
time, but the first modern police department did not exist until Peel organized
the Metropolitan Police in London in 1829. It is to Peel that we owe the modern
notion of “policing with consent,” the principle that police agencies operate
legitimately only where they operate with the consent of those subject to their
powers. The situation in Minneapolis and elsewhere suggests that the local
police agencies have lost the confidence of at least a portion of those to whom
they are responsible, and that their legitimacy is therefore in question. If
there is anything at all of substance to these riots and the spectacle of Nancy
Pelosi kneeling in kente cloth (“dressing up like a Wakandan chess set” in the
low-pH assessment of screenwriter Eric Haywood), then that question of
legitimacy is it.
(It may be that the riots are only tangentially related
to any real policy agenda and are instead simply a manifestation of the ancient
instinct to conduct penitential rites during a plague. That’s my read.)
Peel’s nine principles of policing articulate more of a
reform agenda than the would-be reformers do. We should consult them.
Peel insisted that civil police were to be understood as
a more liberal alternative to (attn: Senator Cotton) using military forces to
quell disorder and relying on excessive punishment to terrorize the citizenry
into submission, which had been the previous model. We have strayed far from
that ideal, not only in relying on the threat of military force during the
recent episodes of political violence but also in reshaping our municipal
police departments to look and think more like military units than civil
authorities. We have given the police military weapons and military uniforms,
the results of which have ranged from the ridiculous (the SWAT team in my hometown
of Lubbock, Texas, skulking around in woodland camouflage when answering a
domestic call in a famously treeless environment) to the dystopian (riot police
dressed up like extras from Starship Troopers, that great American
testament to aspirational fascism). We arm the police like soldiers and we
dress them up like soldiers, and we tell them they are at war — with drugs,
with crime, but, ultimately, with the citizens they purport to serve.
And what was Joe Biden’s famous crime bill if not a
semi-hysterical attempt to impose through the terror of severe punishment that
which could not be achieved through other means?
Peel believed that “the extent to which the co-operation
of the public can be secured diminishes proportionately the necessity of the use
of physical force and compulsion for achieving police objectives” and that the
police must “use physical force only when the exercise of persuasion, advice,
and warning is found to be insufficient to obtain public co-operation to an
extent necessary to secure observance of law or to restore order, and to use
only the minimum degree of physical force which is necessary on any particular
occasion for achieving a police objective.”
(The “Peelian Principles,” from which I am quoting, may
not have been put on paper by Peel himself.)
The death of George Floyd did not result from the
“minimum degree of force which is necessary,” or anything close to that. The
more general problem is that the police are not generally trusted to ethically
and intelligently determine what the appropriate minimum degree of necessary
force is and surely do not universally deserve such trust, as many
police departments have demonstrated on many occasions.
Peel advised that the confidence and consent of the
public were to be gained “not by pandering to public opinion, but by constantly
demonstrating absolutely impartial service to law, in complete independence of
policy . . . by ready offering of individual service and friendship to all
members of the public without regard to their wealth or social standing, by
ready exercise of courtesy and friendly good humour, and by ready offering of
individual sacrifice in protecting and preserving life.” The word “courtesy”
stands out in those sentences. You can have courtesy, or you can have a state
of “war” — it is difficult to have both at the same time.
And that may help us to understand why many police
critics remain unmoved by data suggesting that there
is no obvious widespread racial disparity in the use of deadly force by police;
unjust police killings, this line of criticism holds, are only part of a larger
pattern of targeting and mistreating African Americans that ranges from
disrespect and discourtesy to racial profiling, and so the (contested)
data on deaths do not reflect the more general facts of the case. If George
Floyd had survived his ordeal, the behavior of the police would not have been
any less wrong — it would only have produced a less shocking and
dramatic outcome.
That kind of behavior comes from a bunker mentality, an
us-and-them view of the world. Peel’s advice foresaw this as well: “The police
are the public and . . . the public are the police, the police being only
members of the public who are paid to give full-time attention to duties which
are incumbent on every citizen in the interests of community welfare and
existence.” We no longer even pay lip service to the notion that the police are
the public and the public are the police, as attested to by such developments
as “qualified immunity” and laws establishing that assaulting a member of the general
public is a less serious offense than assaulting a police officer. We have
taken a civil office and made a kind of caste of it.
The final Peelian Principle: “To recognise always that
the test of police efficiency is the absence of crime and disorder, and not the
visible evidence of police action in dealing with them.”
Well.
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