Sorry for the lengthy article but it's a good read
“Rise of the Warrior Cop” – Review
by Makis Antzoulatos
While Rise of the Warrior Cop, by Radley Balko, is not the first book documenting the growing militarization of police, it is arguably the most comprehensive and well-researched history of this growing phenomenon. Balko comes out of a libertarian tradition, and Warrior Cop is a development of previous research he had done, most notably a white paper published by the Cato Institute titled Overkill: The Rise of Paramilitary Police Raids in America.
The book begins by providing a large scale historical look at the notion of police as a paramilitarized force, starting with a discussion of the Roman Centurion guards. Balko goes on to discuss in length the historical framework of the 3rd Amendment, and develops an argument that the 3rd Amendment meant more than the literal quartering of troops, and that in fact the complicity between the U.S. military and domestic law enforcement agencies would be seen as offending the 3rd Amendment in the eyes of the framers. While interesting from a constitutional perspective, this discussion is not the important contribution that Balko makes in Warrior Cop. The most interesting question posed in the first part of the book is whether a paramilitary structure is necessary at all in the organization of local law enforcement agencies. Balko traces the modern police force to 1829 in London, when Sir Robert Peel, in a response to growing urban crime, established a police force to replace the night watchman system. Peel, while seemingly more cognizant of the dangers of militarization than law enforcement architects today, supported the idea of a top-down structure, whose command reflected that found in the military. Understanding this development is important, because before we even get to an analysis of the current state of militarized police practices, we must ask ourselves whether this basic paramilitary resemblance is sustainable and whether such a structure ultimately leads to the situation today where police are armed with grenade launchers and tanks. One small but important concern raised by Balko is the proliferation of “troop to cop programs” which incentivize hiring military veterans. Amongst other factors, these programs suggest that the two jobs are somehow similar and require similar skill sets.
Warrior Cop does an incredible job outlining the political atmosphere that ushered in the first SWAT teams in the United States. This portion of the book is going to be of particular importance to members of the National Lawyers Guild. The book demonstrates clearly that the formation of SWAT teams in the United States was a direct response to liberation struggles by people of color in the United States. Darryl Gates, who was an Inspector with the Los Angeles Police Department, began to develop the idea of a SWAT team in the aftermath of the Watts Rebellion. What is less known, is that Gates adopted many of the ideas for this specialized force from militaristic policing tactics being used in Delano, California against striking members of the United Farm Workers. When Darryl Gates first pitched the idea to his superiors, he called it Special Weapons Attack Team. Even the brass at the LAPD knew this was a bad idea, so a few days later Gates came back with Special Weapons And Tactics, and the modern SWAT team was born. Just as it was conceived as a mechanism to suppress dissent in communities of color, the SWAT team came to life in an attack against the black liberation movement. On December 6, 1969, just two days after Fred Hampton was murdered in Chicago, the LAPD embarked on the first SWAT raid in U.S. history; an attack on the Los Angeles Black Panther office. Over 250 police officers engaged in a 3-hour fire fight, where 5,000 rounds of ammunition were fired, and ultimately Darryl Gates received permission from the Department of Defense to procure a grenade launcher from the Marine base at Camp Pendleton.
Over the next 40 years, the proliferation of SWAT forces is almost unbelievable. By 2005, over 80% of towns with populations between 25,000 and 50,000 people had SWAT teams, and the total number of raids per year reached 50,000.
By the late 1970’s, the government had found the next justification for the growing militarization of police in the United States: The War on Drugs. The militarization of drug investigations has brought countless horror stories, and Balko gives a good sampling of anecdotes about militarized raids gone wrong. He discusses the history and current status of two federal programs which have fueled this militarization. First, Byrne Grants were developed in 1988 to allow for the creation of multi-jurisdictional drug task forces, armed with heavy military hardware. It was a task force set up under this program that was responsible for the 1999 pre-dawn raid on Tulia, Texas, where black-masked SWAT members arrested 10% of the town’s black population, based on what was later uncovered to be made-up drug transactions. By 2004, all 46 people had been exonerated. The second is the 1033 Program, a provision of the National Defense Authorization Act, that, as of 1997, has allowed the Pentagon to reutilize military hardware by giving it to local law enforcement. In FY2011, $500 million dollars in property was reutilized.
What is most notable in Balko’s research is the manner in which all aspects of policing have been swept up in the drive to militarize, even programs that at first glance appear to be inapposite to the goal of militarization. The Community Oriented Policing Services (COPS) program of the DOJ was established as part of the 1994 Joe Biden led omnibus crime bill. The term “community policing” sounds antithetical to increased militarization, however Balko points out significant research showing that lack of oversight and agreement on what the term “community policing” means has led to perverse results, with many law enforcement agencies considering SWAT raids and SWAT patrols of communities, an integral part of community policing.
What Balko does not let us forget, is that many of these programs came about, or were strengthened, during the 1990’s, when Joe Biden was a leading figure in the Senate on crime issues. As a result, these programs have long been touted by Biden as sound police policy. During the George W. Bush administration, Byrne grant funding fell to $170 million dollars per year, but in 2009 the Obama administration infused this program with $2 billion dollars in funding as part of the American Recovery and Reinvestment Act. We have seen similar increases in funding for the COPS program, as well as the “1033” giveaways. The “War on Terror” has provided the most recent justification for increasing militarization, with the Department of Homeland Security handing out $34 billion dollars in anti-terror grants by 2011. This money has been spent on everything from Armored Personnel Carriers to tanks to bomb detonating equipment to grenade launchers and even drones.
What we can see at this point is that militarization has become the norm for law enforcement agencies, and any excuse to justify that progression will be used. First it was rebellions in communities of color, next it was the drug war, and now it has become the “War on Terror.” Regardless of the justification, police departments are now shrouded in militarism from wearing battle fatigues to procuring armored personnel carriers, and the military industrial complex has devolved sophisticated targeted advertising for this equipment. Law enforcement agencies often justify these purchases by touting the dangers of the job. Balko discusses a common sentiment amongst officers that they will do “anything just to get home tonight.” But with only 51 officers slain in 2005, out of a nationwide total of 800,000 law enforcement officers, this threat is largely imagined and exaggerated. Another area that should be looked at is the role that increased militarization has played in the policing of protest movements. This is not touched on as much in Balko’s book, and I look forward to a book being released in May by Canadian sociologist and activist Lesley Wood titled Crisis and Control: The Militarization of Protest Policing.
Warrior Cop includes some encouraging stories about jurisdictions that rejected the drive towards militarism. Washington, D.C. rejected the trend in the 1970′s and saw favorable results. Likewise, San Diego made a concerted effort to address a botched militarized raid in 1990 and came up with new strategies for “community policing.” Since then, San Diego has enjoyed some of the lowest crime rates in the country, and a significant decrease in police violence.
Balko tells a story that needs to be heard, and provides the information to begin a real discussion on the character of law enforcement agencies around the country. If I have one criticism of his analysis, it is Balko’s failure to analyze these developments as part of a larger critique of the role the police play in oppressing poor communities, and specifically communities of color. Balko, to his credit, highlights how much of the militarization over the past 40 years has been disproportionately waged against communities of color. However, there is an implicit suggestion throughout the book that at some point in history there was a time when police were not a threat. As we know, the relationship between police and marginalized communities has always been marred by violence and oppression, and this dynamic long precedes the growth of militarization within law enforcement.
- Makis Antzoulatos is a public defender with CPCS in Boston. He is a member of the NLG Mass Defense Committee and serves on the NLG Board of Directors. -