Time to reset the policing discussion

Amid the current national discussion regarding police policies, procedures and tactics, three important truths have been lost in the passion that is directly attributable to the false narrative surrounding this debate. Absent these truths as context, the policing of our communities and the safety of the men and women who make up the thin blue line between peace and anarchy are in peril.

To begin with, chiefs of police and sheriffs across the nation serve at the will of the people they protect. Policing in America is a power that does not inherently exist. State or territorial governments must codify, in statute, all the powers of the police. No police power exists without the complicit authorization of the people’s representatives, and that power is subject to oversight and modification by those elected representatives.

{mosads}Second, effective policing is an essential element to liberty and freedom. The rule of law and its effective enforcement is the cornerstone upon which all civilized nations thrive; where policing fails, so do nations.

And third, like any other system involving human actions, decisions, reactions and personal biases, there is room for improvement in policing. Police are not the enemy, but most would agree that those that advocate for the killing of police, indeed are. 

 The national discussion began and remains political. Politicians have different motives in attempting to appeal to a certain population, but also need to recognize they have a responsibility to all the people, and need to behave responsibly, dispassionately and objectively. Policy resulting from incomplete truths, false narratives or distorted facts rarely results in meaningful change. Policy forced in this manner usually results in those being affected by the policy to resist the change, and in some cases revolt, which brings us to today.

 On December 18, 2014 the Obama administration announced the creation a Task Force on 21st Century Policing through an executive order. While this is a good start, the announcement served to further the perception of rogue policing, stating that “In light of the recent events in Ferguson, Staten Island, Cleveland, and around the country, the Administration announced new steps to strengthen the relationships between local police and the communities they are supposed to protect and serve.”   This statement clearly indicated the administrations belief the police erred, and seized this as an opportunity to advance a political agenda.

To begin a policy discussion as the President did with EO 13684 with equipping police with body cameras and restricting the use of military equipment only serves to suggest the White House believes that police would somehow behave differently once implemented. If the goal of the administration is to demoralize the men and women of law enforcement and to empower those who challenge the police on the street, they appear to have succeeded. 

The current policy discussions have put police on the defensive. If they are compelled to not arrest any individual who professed their innocence, anarchy is sure to follow. Law abiding citizens have little experience dealing with criminals, but the police do so on a daily basis. Physical altercations or having to put “hands on” a criminal are not welcome encounters, and threaten an officer’s safety every day. We ask a great deal from the police, and owe them the support, tools and authority to accomplish that mission and return home safely each night. 

We can reasonably disagree with tactics or be rightfully upset when those tactics result in the death of a citizen, but it is also a constitutional right that all people, regardless of position, are presumed innocent until proven guilty. No individual should be forced into hiring attorneys, defending themselves or their family’s reputation, against charges when a prosecutor knows there is no chance to convict that individual. 

Some have questioned the broken windows theory of law enforcement that proscribes that police arrest someone for breaking a window, before they have to arrest them later for burglary, thereby reducing crime and its attendant costs for incarceration of major felons. While some may disagree, this is not rogue behavior. If these “petty” offenses should not be enforced, the people’s representatives have the authority to remove the laws, or direct the police not to enforce them. The police take an oath to enforce all the laws, not just those that everyone agrees with. The police employ their enforcement strategies with the full knowledge of the leaders of the communities they serve. 

It is very unfortunate that the two men whose deaths sparked this debate lost their lives. The fact that seems to be ignored in the current debate is that the individuals who lost their lives in the recent police encounters in Ferguson and Staten Island began their encounters with the police by breaking the people’s law, and then resisted the enforcement of those laws.

There is room to improve policing in our communities. Constructive dialog, resulting in well-conceived and collaborative policy is required. Those with these ideas are the one that need to be listened to. Those who deny, or are unaware of the facts, or those without ideas, are merely getting in the way.

Sarnacki served in the White House Homeland Security Council as the director of Law Enforcement Policy from 2007 until 2009.