Some of the surplus of military equipment leftover from America’s foreign adventures were given to American police forces. While this might have seemed to be a good idea at the time, it did lead to infamous images of war ready police squaring off against unarmed civilians. This is the sort of image one would expect in a dictatorship but are not supposed to see in a democracy.
This images helped start a debate about the appropriateness of police equipment, methods and operations. The Obama regime responded by putting some restrictions on the military hardware that could be transferred to the police, although many of the restrictions were on gear that the police had, in general, never requested. In his first term, Trump decided to lift the Obama ban and then attorney general Jeff Sessions touted this as a rational response to crime and social ills. As Sessions sees it, “(W)e are fighting a multi-front battle: an increase in violent crime, a rise in vicious gangs, an opioid epidemic, threats from terrorism, combined with a culture in which family and discipline seem to be eroding further and a disturbing disrespect for the rule of law.” Perhaps Sessions believes that arming the police with tanks and grenade launchers will help improve family stability and shore up discipline. With Trump’s promise to forcibly deport millions of migrants, we are likely to see a militarized police forcer operating alongside the actual military.
While it might be tempting to dismiss Trump and Session having engaged in a mix of macho swagger and the view that bigger guns solve social ills, there is a real issue about what is appropriate equipment for the police.
The key factor in determining the appropriate armaments for police is the role that the police are supposed to play in society. In a democratic state aimed at the good of the people (the classic Lockean state) the role of the police is to protect and serve the people. On this view, the police do need armaments suitable to combat domestic threats to life, liberty and property. In general, these threats would usually involve engaging untrained and unarmored civilian opponents equipped with light arms (such as pistols and shotguns). As such, the appropriate weapons for the police would also be light arms and body armor.
Naturally enough, the possibility of unusual circumstances must be kept in mind. Since the United States is awash in guns, the police do face opponents well-armed opponents. The police might have to go up against experienced (or fanatical) opponents, perhaps within a fortified defensive position. They are also sometimes called upon to go up against rioters. In such cases, the police would justly require riot gear and military grade equipment. However, these should be restricted to specially trained special units, such as SWAT.
It might be objected that the police should be equipped with this sort of equipment, just in case they need it. I certainly see the appeal to this. A rational combat mindset is to be ready for anything and to meet resistance with overwhelming force. But that points to the problem: to the degree the police adopt a combat mindset, they are moving away from being police and towards being soldiers. Given the distinction between the missions, having police operating like soldiers with military equipment is a danger to civil society. Defeating an enemy in war is different from protecting and serving.
There is also the problem that military equipment is more dangerous than standard police weapons. While a pistol can kill, automatic weapons can do much more damage. The police, unlike soldiers, are presumed to be engaging fellow citizens and the objective is supposed to be to use as little force as possible. They are supposed to be policing rather than subjugating.
But the view that the police should serve and protect the good of the people is not the only possible view. As can be seen around the world, some states regard the police as tools of repression and control. These police operate as the military, only with their fellow citizens as enemies. If the police are regarded as tools of the ruling class and exist to maintain their law and order, then a militarized police force makes sense. Militaries serve as an army against the people of other countries, serving the will of their rulers. Same basic role, but different targets.
It could be argued that while this is something practiced by repressive states, it is also suitable for a democratic state. Jeff Sessions characterizes policing as a battle, and one could argue the is right. As Trump likes to say, one might think there are enemies within America that must be defeated in the war on crime. On this view, the police are to engage these enemies in a way analogous to the military engaging a foreign foe and thus it makes sense that they would need military grade equipment. They are a military force serving military objectives. This lines up with the criticism that the police are often an occupying army in poor neighborhoods, but this is regarded as a feature rather than a flaw as that is the function of the police.
While I do think the militarization of the police impacts their behavior (I would be tempted to use a tank if I had one), my main concern is not with what weapons the police have access to, but the attitude and moral philosophy behind how they are armed. That is, my concern is not so much that the police have the weapons of an army, but that they are regarded more as an army to be used against citizens than as protectors of life, liberty and property. As this is being written, the police have been deployed against striking Amazon workers and critics point to this as an example of how the police force serves as domestic army for the rich.