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May 15, 2021

"That is Enough Punishment: Situating Defunding the Police within Antiracist Sentencing Reform"

The title of this post is the title of this new paper available via SSRN authored by Jalila Jefferson-Bullock and Jelani Jefferson Exum. Here is its abstract:

During the summer of 2020, the police killings of George Floyd, Breonna Taylor, and others created a movement that unearthed a reality that Black people in the United States have always been aware of: systemic racism, in the form of police brutality, is alive and well. While the blatant brutality of George Floyd’s murder at the hands of police is the flame, the spark was ignited long ago.  One need only review the record of recent years — the killings of Eric Garner, Michael Brown, Tamir Rice, Antwon Rose, Alton Sterling, Philando Castile, Breonna Taylor, and countless other souls have led to this particular season of widespread protests and organized demands for change.  As the focus turns from necessary protest to tangible progress, what remains unanswered is how best to proceed.  Professor Ibram X. Kendi described antiracism as “a radical choice in the face of this history, requiring a radical reorientation of our consciousness.”  One such “radical choice” is defunding the police.

Although the long-held belief in police “super powers” is crumbling, the majority of Americans do not support wholesale defunding and instead advocate for specific reforms; 35% of participants in a 2020 Pew study recorded that the police use the correct amount of force in every situation, compared to 45% in 2016.  Likewise, the share of people who believe police treat racial and ethnic groups equally dropped from 47% in 2016 to 34% in 2020, and the share of those who thought the justice system should hold officers accountable when misconduct occurs rose to 44% in 2020, compared to 31% in 2016. A 2018 poll found that two-thirds of people in the United States support banning chokeholds.  Most Americans do support disciplining police misconduct and lessening protections against legal action.  Seventy-four percent of Americans believe that police violence against the public is a problem, and 42% believe it is a major problem. Nevertheless, only 25% of Americans endorse decreased spending on police forces. In many ways, polling reveals a public misunderstanding of what defunding the police actually means.  Polls indicate that people balk at the term “defund the police” but appear more open if directly asked if they support shifting money allocated to police toward specific social services.  This Article argues that discomfort with defunding the police is misplaced.

Understanding policing as a form of punishment clarifies how reforming policing — including defunding the police — fits within the broader, more widely accepted sentencing reforms that have taken place in recent years.  The Supreme Court has refused to recognize policing as punishment, and several scholars have commented on the Court’s failure to do so. Adding to this conversation, this Article asserts that policing is punishment and demonstrates that policing reform is rightly situated within discussions of overall sentencing reform.  Sentencing reform supported on both sides of the political aisle recognizes that jurisdictions have spent money on incarceration but have not actually accomplished punishment goals.  When resources are re-directed to support legitimate punitive goals better, then not only are resources saved but also systemic racism can be addressed.  As it stands, purposeless punishment only serves to support institutional bias.  The same is true for retaining the current system of policing.  Once one understands that the current policing model in the United States facilitates purposeless punishment, its only remaining plausible objective is to sustain a system of racial oppression.  To truly begin eradicating racism in policing, it is imperative to place policing reform in the broader context of sentencing reform and begin approaching all forms of punishment with an antiracist lens.

May 15, 2021 at 10:03 AM | Permalink

Comments

How about just sentencing reform???? Why is this framed as anti racist? Whites don't get overly long sentences? That's just untrue. Why are these idiots putting out these stupid papers?

Posted by: restless94110 | May 17, 2021 4:30:43 PM

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