REFORM AFTER THE DEATH OF Kelly Kline/Flickr Commons, used under a CC BY-NC-ND 2.0 license.

Protesters in Seattle, Washington, marched in response to the death of George Floyd, who was murdered by police in , Minnesota. Multiple polls showed that by July 2020, an estimated 15 million to 26 million people had demonstrated in response to George Floyd’s death. Since the first centralized police departments appeared in major white people. According to the U.S. Census, Black U.S. cities in the middle of the 19th century, members of the public have made various demands for police reform. After the people make up about 13 percent of the U.S. popula- of George Floyd on May 25, 2020, in Minneapolis, tion, whereas non-Hispanic white people make up Minnesota, at the hands of four police officers, the nation’s at- tention was sharply focused on the issues of , about 60 percent. In 2020, however, Northeastern use of excessive force, and the impacts of racism. University and Harvard University released a study of 2014-2015 data from 27 states showing that Black peo- George Floyd was a Black man. The police offi- cers subdued him and held him face-down on the ple are killed in police-related shootings at twice the ground with his hands cuffed behind his back. rate of white people. A white officer kept his knee on Floyd’s neck for A 2020 study published by the Harvard Chan nearly nine minutes while George Floyd was lying School of Public Health also found that among more on the ground. The three other officers present and than 5,400 police-related deaths between 2013 and involved in the incident were Black, white, and 2017, Black people were three times as likely to be Asian-American, respectively. killed by police than white people. The higher rate of The incident shocked the consciences of many. deaths among Black people makes the number of Polls in June 2020 showed that an overwhelming ma- deaths disproportionate compared to the lower total jority of Americans favored firing the officers involved population of Black people. in George Floyd’s death. The polls also showed a su- In response to the , the permajority of Americans supported charging the offi- largest public protests in U.S. history took place across cer whose knee was on Floyd’s neck with murder. In the country — supported by many sympathetic fact, the four officers were subsequently arrested and protests overseas — prompting a nationwide debate charged with murder for Floyd’s death. The officer about institutional or systemic racism. The term insti- who kept his knee on Floyd’s neck was convicted of tutional racism was first used in 1968 in the writings of murder and on April 20, 2021. Black political activists Stokely Carmichael and Charles As multiple studies have shown, Black people are V. Hamilton. The term referred to racism that is built killed by police at higher proportional rates than are into systems of policymaking and governance. Since 6 U.S. GOVERNMENT/CURRENT ISSUES BRIA 36:2 (Winter 2021) then, the term has been used interchangeably with officers from public schools and ending the sale of mil- systemic racism. itary weapons and vehicles to police departments. Reformers and scholars have not agreed on one Supporters of reducing, but not eliminating, police definition of systemic racism. They nonetheless have budgets still see a role for traditional police departments. generally understood that systemic racism involves But they also believe that police officers currently serve racism which has become part of a normal practice of some functions that are inappropriate or best left to oth- policymaking or governance, such as policing. It can ers. Supporters propose that social workers, not police, also refer to a system that perpetuates disproportion- should be first responders to people experiencing men- ate and lack of opportunity generation to gen- tal-health crises or neighborhood noise complaints. eration in many minority communities. According to Andrea Ritchie, an attorney who has studied the this understanding, individuals who may not believe “” movement since the social unrest they are discriminating on the basis of race can still surrounding the Rodney King beating in 1992, says, be participants in activities which involve systemic “What ‘defund the police’ is calling for is saying, ‘we racism and which can have discriminatory impacts. need to take money, power and equipment and scope of In 2020, U.S. political leaders of both major parties operation away from police and we need to invest that spoke to the concerns of the public protests. Then- money and more into what people need to survive this Democratic presidential candidate com- [coronavirus] pandemic and this economic crisis.’ ” mented that George Floyd’s death was “not an isolated In June 2020, a majority on the Minneapolis City incident but a part of an ingrained systemic cycle of in- Council pledged to completely defund the city’s po- justice.” Republican Senator Lindsey Graham said, lice department. Just a few months later, however, a “This happens way too much.” majority of councilmembers changed their minds. In “We’ve got to get to the bottom of that,” Graham said, December 2020, the council instead reduced police de- “because there is a real disconnect. The way to solve partment funding by $8 million, or 4.5 percent of the this problem, in my view, is to have the police engage city’s police budget. The $8 million would go instead in the community.” As chair of the U.S. Senate Judiciary to other city services, such as . Committee in 2020, Graham presided over a Senate hear- By August 2020, 13 cities had reduced police budg- ing that contributed to competing Republican and Demo- ets. reduced its $3 billion police budget by cratic proposals for reform. In 2021, with a $150 million. Seattle reduced its police budget by 20 Democratic-controlled Congress, the proposals continued percent. By 2021, however, no city had completely de- to be debated. funded its police departments. Defunding Police? Maintaining Police Funding One response to George Floyd’s death has been the Critics of the idea of defunding the police argue call for “defunding” the police. As protests spread to that decreasing police budgets will not address the all 50 states, many protesters’ signs bore the three- problems cited by supporters. The Marshall Project, a word phrase “Defund the Police.” The phrase was nonprofit that studies the urgency of criminal-jus-tice picked up by news cameras and social media feeds reform, has reported that the Great Recession of 2008 led to cities decreasing police budgets. Exist-ing and thrust onto the national stage. officers became overworked and often under-paid. Taken literally, the word “defund” means to stop In 2015 in Memphis, Tennessee, complaints about providing funds. Indeed, during the 2020 protests, police use of force as well as 911 wait times rose after some activists advocated for police departments to be the police budget was reduced. abolished and for department budgets to be entirely Criticism of defunding the police has come more reallocated toward , like health care, recently, as well. Seattle’s first Black woman police public housing, and public schools. chief Carmen Best resigned in protest in August 2020 Other supporters of “defunding” called for reduc- when Seattle reduced police department funding and ing police budgets, not abolishing police. These advo- laid off 100 new police officers. Best noted that the lay- cates would reinvest the funds from the partial offs would make the police department less racially di- defunding into social services like those mentioned verse as non-white police officers were more recently above. They believe the reinvestment will decrease hired and had less seniority. crime more effectively than continuing to give the po- Despite popular support for protests against police lice more and more money each year. Those calling misconduct and against systemic racism, polls also for defunding often also advocate for removing police BRIA 36:2 (Winter 2021) U.S. GOVERNMENT/CURRENT ISSUES 7 showed that only about one-third of American supported One provision of the George Floyd Justice in Policing the Defund the Police movement. Former President Act lowers the criminal intent standard to convict law himself said a “snappy slogan like enforcement officers of misconduct. Under existing ‘Defund the Police’ ” will make the movement lose standards, it must be proved that an officer willfully “a big audience.” Rep. (D-SC), the high- commits an offense, or that an officer acted with in- est-ranking Black lawmaker in Congress, said that sup- tent to break the law. This makes it difficult to convict port for “defund the police” likely cost the Democratic the officer. Under this act, however, it would have to Party congressional seats in the November 2020 elec- be proved that the officer knowingly or recklessly com- tions. “We need the police,” Clyburn said in November mits an offense. This means that an officer could be 2020. “We want the police. They have a role to play.” convicted even if he or she acts without knowing that Reforming Police Departments their specific conduct breaks the law. Republican Sen. (SC) introduced the Prior to Clyburn’s comments, an August 2020 JUSTICE Act to improve and reform policing practices, poll found that 81 percent of Black Americans accountability, and transparency. In addition, wanted the time police spend in their communities to Republican Sen. Rand Paul remain the same or to increase. Around the same time, (KY) authored the Justice however, another Gallup poll showed that 96 percent for Breonna Taylor Act. The of all Americans support reforms that would provide act would prohibit no- for greater accountability and knock warrants from any punishment of officers for mis- federal law enforcement conduct. Ninety-eight percent of agency and any agency re- Americans support reforms that ceiving federal funds. As of would bar officers with multiple this writing, neither the incidents of misconduct from 2021 House bill nor either continuing to serve as officers. of the Senate acts have be- That same Gallup poll also come law. showed that most Americans Senator Paul’s act want “major changes” to the was named for Breonna practice of policing in the Taylor, an unarmed United States. Only six percent woman who was not a of Americans said that “no criminal suspect but was change” was needed. While 47 shot and killed by police percent of Americans said they in Kentucky in 2020. support reducing police depart- Officers forced their way ment budgets, only 15 percent of into her apartment as Americans said they support abol- part of a drug investiga- ishing police departments. Various tion into Taylor’s former reforms to address Americans’ boyfriend. A judge had concerns have been proposed at granted the officers a no- the federal, state, and local levels. knock warrant, which At the federal level, many bills meant they did not have were introduced in 2020 in re- to announce themselves before forcing entry. sponse to concerns over police Taylor’s current boyfriend did not hear any an- conduct. House Democrats passed the George Floyd nouncement from the police, thought they were intrud- Justice in Policing Act in 2020 and again in 2021. This ers, and fired a shot at them. Police responded with 32 act would make it easier to prosecute police for mis- shots into Breonna Taylor’s apartment, killing her. conduct, including excessive force and racial bias. Despite the federal stalemate, many cities also Democrats proposed a companion bill in the Senate, passed local reforms in 2020: the Justice in Policing Act, which, among other things, • Seattle, San Francisco, and Washington, D.C., would make it easier for federal courts to hold police banned police use of chokeholds on suspects. personally liable for civil-rights violations.

8 U.S. GOVERNMENT/CURRENT ISSUES BRIA 36:2 (Winter 2021) • Mayors from Chicago, Cincinnati, and Tampa, as reduction to the Health Department would double re- well as police chiefs from Baltimore, Columbia sources for the city’s health programs. (South Carolina), and Phoenix formed the Police Milwaukee Chief of Police Alfonso Morales, how- Reform and Racial Justice Working Group to rec- ever, is critical of this reduction, arguing it would de- ommend reforms to police departments. crease the size of the police force by 375 officers — a • School boards in Seattle, Minneapolis, Denver, and 20 percent cut to the police force. Chief Morales stated Portland (Oregon) discontinued use of police re- that he believes the reduction would mean longer re- source officers in schools. They instead now use sponse times; less traffic enforcement; no private se- private security. curity at community events; no fingerprinting services • police now have a “duty to intervene” and for businesses and individuals; and a reduction in re- stop officers from using excessive force. sponses to nonviolent complaints such as prostitu- tion, family conflicts, drug overdoses, and noise. The Milwaukee Example Many police departments are now adjusting to de- WRITING & DISCUSSION creased 2021 annual budgets. The Milwaukee City 1. What are the conflicting views on defunding the police? Council proposed a 10 percent reduction in the police 2. Why have political leaders warned against using department’s budget to reallocate to public services. “defund the police” as a slogan? Do you agree? Using 2020 figures, the Milwaukee police department Why or why not? budget is approximately $297 million. Over 95 per- 3. After the Seattle City Council cut police funding, cent of the department’s operating budget goes to Police Chief Carmen Best resigned. She then said of salary, wages, and fringe benefits to its 2,305 em- her own African American family members, “It’s not ployees, which includes 1,868 uniformed officers. that they don’t want policing. They just want to This amounts to an average of approximately make sure that when policing happens, that it’s fair $122,000 per employee. and just.” What do you think she meant? A 10 percent police department budget reduction in 4. How would changing the level of criminal intent Milwaukee is $29.7 million. By contrast, Milwaukee’s from willful to knowing or reckless in the George total health department budget is $14 million. Using Floyd Justice in Policing Act make it easier to convict these figures, applying just half of the police-department a police officer of a crime? ACTIVITY: The 8 Can’t Wait Campaign The police-reform nonprofit organization initiated the “8 Can’t Wait” campaign. They recommend eight reforms that local police departments can adopt to reduce police violence. The reforms are: a. Require police officers to be trained in de-escalation (verbal techniques to calm potentially violent situations). b. Use a use-of-force continuum (reserving severe force only for extreme situations). c. Ban chokeholds and strangleholds. d. Require officers to verbally warn before shooting in all situations. e. Ban officers from shooting at moving vehicles in all situations. f. Exhaust all alternatives before using deadly force. g. Impose a duty to intervene (officers must intervene to stop excessive force by fellow officers). h. Require officers to report every single use of force, whether or not someone was injured. Campaign Zero reports that although no city has adopted all eight reforms, most cities in the U.S.A. have adopted at least some of them. You are on the city council of a city that has had many complaints of excessive force by police but has not adopted any of the proposed reforms of 8 Can’t Wait. Form a committee with three other council members in your class and decide which, if any, of the above reforms you want your city to adopt. Discuss the potential advantages and disadvantages of each reform. Who will likely be for or against each reform? If you adopt a re- form, would you modify it in any way? Choose a spokesperson and be ready to report to the whole city council (class) why your committee chose the reforms it chose.

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Standards Addressed values, principles, and interests may make agreement difficult or impossi- ble on certain issues of public policy. High School (2): Understands the Police Reform Afer the Death of George Floyd processes by which public policy concerning a local, state, or national issue California History-Social Science Framework (Adopted 2016), p. 447-448: is formed and carried out. (4): Understands why agreement may be diffi- Teachers can emphasize how power and responsibilities are divided among cult or impossible on issues such as abortion because of conflicts about national, state, local, and tribal governments and ask students to consider this values, principles, and interests. question: Why are powers divided among different levels of government? . . . . Students should also identify typical responsibilities of state government, Standards reprinted with permission: including education, infrastructure such as roads and bridges, criminal and civil law, and regulation of business. The state also oversees and regulates National Standards © 2000 McREL, Mid-continent Research for local governments and the services provided such as fire and police protec- Education and Learning, 2550 S. Parker Road, Ste. 500, Aurora, CO 80014, tion, sanitation, local public schools, public transportation, housing, and zon- (303)337.0990. ing and land use. California History-Social Science Standard 12.7: Students analyze and com- California Standards copyrighted by the California Department of pare the powers and procedures of the national, state, tribal, and local gov- Ed ucation, P.O. Box 271, Sacramento, CA 95812. ernments. (5) Explain how public policy is formed, including the setting of Common Core State Standards used under public license. © Copyright the public agenda and implementation of it through regulations and exec- utive orders. 2010. National Governors Association Center for Best Practices and Coun- National Civics Standard 21: Understands the formation and implemen- cil of Chief State School Officers. All rights reserved. tation of public policy. Middle School (3): Understands why conflicts about

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