Policy Proposal: Demilitarizing United States Police Forces

Defining the Problem

Many police departments in the United States have gained attention with the acquisition and deployment of military-style weaponry and tactics. These weapons and other military-style gear have been made available to police departments through the "1033" program, which allows the Department of Defense to distribute surplus equipment to law enforcement agencies. This equipment is used by police departments to outfit their officers in such a way that these officers now resemble a military force. This program and the resulting culture of police departments acting as if they are the military need to be changed. The militarization of American policing causes public perception issues and fosters an "us against them" attitude with officers who work in these departments and a "warrior" mentality (War Comes Home: The Excessive Militarization of American Police | American Civil Liberties Union, 2014). Militarized police have proven to be ineffective in decreasing crime and keeping officers safe. The image of police dressed in military gear gives the public a perception of the police that has weakened the ability of the police to be trusted by the communities they are intended to serve. Routine usage of police tactics tends to enhance tensions between the police and marginalized communities (Militarization of Police Fails to Enhance Safety, May Harm Police Reputation, 2018).

History

The militarization of the police began with the creation of special weapons and tactics teams (S.W.A.T.). Chief Daryl Gates wrote in his book Chief: My Life In The L.A.P.D. that after his experience with the Watts Riots, he wanted a special unit that could handle these types of situations. In that mindset, he created the nation's first S.W.A.T. team (Gates & Shah, 1992). In June 1971, President Nixon declared a "war on drugs." This language and the military style tactics used against these offenders created a culture within police agencies that resembled those of the military. After the terrorist attacks of 9/11, the Bush administration significantly expanded the "1033" program—which was established in 1997—allowing state and local police agencies to obtain military weapons and equipment. This expansion has furthered the culture of militarism in the nation's police forces.

Root Causes and Funding

One of the causes of the militarization of the police is the law that allows the police to seize money and property from suspected criminals through Civil Asset Forfeiture (CAF). This property is seized without the presumption of innocence. The police may seize this property without a warrant and many times without a conviction. Much of this money is then used for the purchase of military weapons (Miller, 2019). The CAF should be changed to only be allowed when a conviction has been achieved, eliminating the financial incentive to use aggressive tactics.

Interventions

There have been attempts made to reduce or reign in the culture of militarization with police forces. One such instance was the introduction of community policing. The idea behind community policing is police and the communities they serve share in responsibility for the safety of the community (Bureau of Justice Assistance, 1994). Other attempts have also been made, including the introduction of H.R. 7199 (116th): Community Policing Act by Congressman Ted Budd, which would have provided funding for de-escalation training and community outreach. Unfortunately, this bill did not become law.

Who is Affected?

The short answer is everyone. All citizens of the United States could be affected by these policies at some point in time. Whether it is someone whose house is raided by a SWAT team that has the wrong address or the police officer who has been taught to fear everyone as an enemy combatant. Officers today are trained that everyone they meet is a potential criminal and that they need to do whatever it takes "to come home" at the end of their shift. This leads officers to make life-and-death decisions based on their perceived safety rather than the actual threat that is presented (Balko, 2013). For police departments to justify the existence of their paramilitary teams, many of these teams are deployed for misdemeanor low-level search warrants. Under the guise of officer safety, these teams create the threat that they are attempting to overcome. Attacking a home in the middle of the night when people are sleeping and expecting those people to make good decisions about who is attacking them is causing alarmed homeowners to produce legally owned self-defense weapons against these officers. This usually does not end well for the officers or the homeowners.

Support and Resistance

Many of those in Congress have expressed concern over these issues and support for new legislation could be procured. With the instances that blanket the news these days of overzealous policing and those who have lost their lives, it could be the right time to start rolling back the use of military weapons and tactics. Partnerships may be fostered with groups such as the ACLU, Campaign Zero, the Stand Together Trust, and others. Although some of these groups have agendas that may not fully align, common ground could be found.

However, there will be pushback from police unions and departments who think this is the way that they need to police their jurisdictions. But with proper training and removal of officers who do not meet the criteria or have a mentality that was fostered in the military, we can begin to take back our police departments to a time when the police were respected and were a part of the communities they served.

Goal Statement and Objectives

Goal Statement for Demilitarization of the United States Police Forces

This proposal aims to scale back the procurement of heavy-duty military gear that has been supplied to state and local police forces by the United States Federal Government. The proposal intends to shift the focus back to a community-oriented style of policing. This could help foster a positive result in police and community relationships and rebuild trust in law enforcement.

Specific Outcome Objectives

Objective 1: Reduce the procurement of military-grade weapons purchased by state and local police forces through the Federal Government's "1033" program.

• Time frame: Three years

• Involvement: State and Local Police

• Goal: Decreasing the number of military-grade weapons transferred to state and local police. A 50% reduction of purchases from the 1033 program.

• Accountability: Police department supervisors and local political leaders

Objective 2: Reduction of the military-style imagery and philosophies of state and local police through training and department policies.

• Time frame: Two years

• Involvement: State and Local Police

• Goal: Reduce the use of military imagery and military philosophies incorporated into police culture. Removal of military slogans and imagery from t-shirts, stickers, and other items used during work and affixed to police vehicles.

• Accountability: Changes to police department policies and procedures by local political leaders and police supervisors

Objective 3: Training for police officers in community policing, de-escalation tactics, and mental health awareness.

• Time frame: Two years

• Involvement: State and local police, community colleges, Federal Government

• Goal: A change in police tactics from a law enforcement objective to community policing and return to the "Protect and serve" style of policing.

• Accountability: Police department officers and supervisors working with community leaders to affect change.

The Plan

Impact Model

By reducing the use of military gear and the military imagery used by the police, we can change the "us vs. them" attitude that many police officers have. This attitude towards the public that the police serve had been fostered by the military-style weapons and tactics that have been used by police. The training of police has ingrained an attitude that everyone is a criminal and wishes to harm the police officer. Police training now includes terms such as "hesitation is deadly." This is best defined by the term "militarism." This is a culture of paramilitary style (appearance), martial language, beliefs, and values (Kraska, 2007). Beyond the officer, it presents itself in the organizational language with terms such as command and control centers, elite squads, and operational patterns designed to look like the military in intelligence, supervision, and war making philosophies (Kraska, 2007).

Expectations

Less military gear means fewer intimidating police officers. The visual image of police officers who look as if they are ready for war is counterproductive and causes more harm than good. More community policing style police departments can reduce confrontations with the public, add more trust, and provide a safer community.

With these goals and a comprehensive plan to make communities safer and more cooperative with law enforcement, we can rally police departments, lawmakers, and the community to come together to reduce crime, foster trust, and provide a better landscape for deterring criminal behavior without the community feeling as if they live in a war zone.

S.W.A.T.

The use of S.W.A.T. teams and other military-style tactics has proved to be ineffective in certain routine applications. While originally sourced for deployment to major events such as mass shootings, hostages, and terrorist events, these events are rare, leaving the teams without justification for their existence. To justify the expenditures, teams are mostly used to serve warrants, and these warrants are increasingly for low-level crimes ("Special Weapons and Tactics (SWAT)," 2011). This over-reliance on paramilitary teams for routine policing generates excessive risk and undermines community trust. This policy proposal intends to reduce the use of these para-military teams to only major, high-risk, ongoing events and felony warrant service where an immediate, credible threat to life is present.

Identifying the Target Population

The target population would include state and local police agencies that have received and are known to the communities for excessive use of military-grade equipment and tactics. Communities that have been disproportionately affected by police militarization can be identified and resources directed at those departments for intervention. Using studies that have been previously completed, those departments with an excess of military equipment can be identified and reports can be made on the necessity of the equipment. For example, Nick Routley of the Visual Capitalist compiled data on the police departments that have received the most equipment from 2010 to 2020 (Routley, 2020). These reports can be utilized to determine which states and departments should receive the most scrutiny.

Program Components and Implementation

Defining Program Components

Based on the goals of the program, reducing the militarization of the police, and changing the battlefield culture of America’s police agencies, several programs should be enacted.

Training (Every officer in each department):

• De-escalation Training – Police Officers must be trained in techniques to de-escalate dangerous situations when appropriate. – 8-hour course.

• Community Policing strategies training. – 8-hour course.

• Appropriate use of military-grade equipment when a situation arises that requires this equipment. – 8-hour course.

• Constitutional Rights. – 40-hour course.

• Training officers’ courses for officers to train in each department.

• New officers can receive updated training in police academies.

Inventory Assessment: Each police department should inventory all military-style weapons received through programs such as the 1033 program. They should submit this information to the Defense Logistics Agency (DLA) of the Federal Government. The DLA must then reconcile these inventories with any known DLA records that may already exist. The DLA should then maintain records of the disposition of military-style weaponry. This information should be publicly available and updated quarterly on the DLA website at www.dla.mil.

Implementation

An office should be created within the DLA to monitor and assist in the implementation of the proposal. This office may be called the DLA Office of Demilitarization (DLAOD). This office would keep records and ensure compliance with the program. Every police department and law enforcement agency in the United States should submit an implementation plan for the training and return or destruction of military-style weapons. This plan should detail how the department will achieve demilitarization. This would include timelines, milestones, and specific tactics to be phased out. The DLAOD should conduct regular audits and report those findings to the U.S. Senate Committee of Homeland Security and Government Affairs for review.

Enforcement

The DLAOD will monitor departments for compliance and will investigate any discrepancies. The DLAOD will work with departments to ensure that compliance is met. In the case of repeated non-compliance, the DLAOD with the approval of the Senate will have the authority to level sanctions against non-compliant departments. These sanctions could include reduced federal funding, increased frequency of reporting, and removal from any federal programs.

Timeline

• Month 1: Acquiring and implementing the offices and staff needed to carry out the program from central office.

• Months 2-3: Development of training and community outreach programs.

• Months 4-6: Implementation of a pilot program with a select group of officers in a police department of median size.

• Months 7-9: Assessing the pilot program and making adjustments.

• Months 10-12: Expansion of the program to other departments.

• Year 2: Full implementation of the program and continuous improvement policies put in place based on feedback from supervisors, officers, and communities.

• Year 5: Comprehensive review of all programs and identification of areas for improvement. Reevaluation of program to identify any need for changes to the budget or training.

• Year 10: Evaluation of the need for program central offices with a goal of the program becoming self-fulfilling by the departments.

Resources and Cost Projections

Identification of Resources and Cost Projections

The cost associated with training would assume that all roughly 18,000 departments in the United States (USAFacts, 2021) would be required to implement the program.

Acquiring or Reallocating Resources

Funding would be acquired through Federal grants allocated for police reforms, such as the Department of Justice (Justice Department Announces $40 Million in Funding to Advance Community Policing and $5 Million in Funding for the Collaborative Reform Initiative, 2022). Funds can also be acquired through the Congressional budget process. Partnerships with non-profit organizations that focus on police reform, as well as state and local funding, may also be used. Regular reviews and reallocation of current funds available for the acquisition of military equipment could be redirected to the program.

Monitoring and Sustainability

Policy Proposal: Monitoring the Plan

To ensure that the demilitarization of the United States Police policy proposal is implemented effectively, it is necessary to evaluate processes and identify any shortcomings between the plan’s vision and the actual operation of the plan in the real world (N Welsh & W Harris, 2015).

Monitoring Mechanisms:

• Observational Data: A designated committee will deploy observers to random law enforcement agencies within the plan's focus to ensure compliance.

• Surveys: Teams will conduct surveys within the monitored communities to gather information on public perceptions, changes in policing style, and any discrepancies.

• Interviews: Teams will conduct interviews with law enforcement officers, supervisors, community members, and policy makers to provide perspective from those on the ground.

• Fiscal Monitoring: The oversight committee will submit quarterly fiscal reports to the plan director to detail how funds were spent during implementation (N Welsh & W Harris, 2015).

• Information Systems: A digital platform will be created for web-based applications for reporting and gathering analysis of data from all sources, ensuring security and integrity of the data.

Mechanisms of Self-Regulation

Monthly meetings would be held to update communities and supervisors and discuss areas of improvement. A conflict resolution committee would be established made up of officers, supervisors, and community leaders, to address any conflicts that may arise in the program.

Plan for Long-Term Sustainability

The goal for long-term sustainability would be to incorporate continuous training for all plan participants. Regular town halls with the community would establish a pipeline of communication that provides continuous feedback. The program aims to become self-fulfilling by the departments within 10 years, where the continuous training and community-focused mindset are incorporated into the standard operating procedure. Training will begin with the hiring of new officers at the police academies to reduce long-term resistance.

Conclusion

The implementation of this policy proposal would serve to significantly reduce and work to eliminate the unnecessary use of military style weaponry. This policy proposal would work to change the mindset of the officers, supervisors, and administrators of the police from a military command and control structure to a community policing style force. This would enable the police to have greater relationships with the communities they serve and establish respect for the law enforcement profession. The training that the departments will receive in Constitutional law will better equip the law enforcement officer to handle the public in such a way as to reduce unnecessary settlement payouts that have plagued many local government bodies.