Pitching Conservatives on Ditching the Police State

During Mao’s Cultural Revolution of the 1960s, the Red Guards were a radical student-formed paramilitary organization. Inspired by the push to recreate a new communist China and destroy the “Four Olds”, the Red Guards targeted anyone deemed sympathetic to intellectual or bourgeois ideas. Red Guard tactics quickly devolved into property damage, violence, and torture. Thousands were murdered. The Red Guards were both condoned and condemned by the central government, but they were unable to be controlled. The movement in some cases spiraled into a civil insurrection that was eventually defeated by the army in 1968. Lawlessness, destruction of private property, disregard for human life–clearly, conservatives and I agree that the terror campaign of the Red Guards was a moral abomination. But I have a question for conservatives:

Were the Red Guards bad because of their ideology, or because of their violence?

Well, what if we kept the ideology, but got rid of the violence? Apparently, the “Party for Socialism and Liberation” is an American political party that advocates communism. Their positions (perhaps unsurprisingly) are rather odious, but as far as I can tell, they are not actively going around the country murdering small business owners for owning capital. This is clearly morally superior to the Red Guards.

What about the reverse? What if there were paramilitary organizations in the United States operating outside the law, but they happened to not be communists? What would their moral standing be? They wouldn’t target people holding onto traditional values, like the Red Guards did, but that would not make citizens feel better that hundreds of people were being murdered.

American police forces are Red Guards without communism.

Too harsh? Let’s take a look into this phenomenon where we’ll find outrageous situation after situation. In 2011, cops killed a former marine with no criminal record, Jose Guerena, while his wife and children were hiding in a closet from the unidentified intruders. Guerena, while armed, never removed his safety from the gun. Naturally, he was hit over 20 times by police. No evidence was found in his home of any illegal activity. The warrant was served suspecting that Guerena was selling marijuana. At the time medical cannabis was legal in Arizona, but someone selling it without a license? Better have a no-knock raid. Police settled out of court for civil damages, and a County Deputy is quoted saying ” the officers performed that day in accordance with their training and nationally recognized standards”.

In 2013, three off-duty police officers working as security guards in a Frederick County, Maryland movie theater were asked to remove a patron who was attempting to see a second showing of a movie without paying. The customer, Ethan Saylor, was 26 years old and had Down Syndrome. The officers refused the help of his aide, arrested Saylor, and in the process, fractured his larynx, resulting in his death from asphyxiation. A grand jury found no wrongdoing, and I could find no citation indicating the officers had lost their job. The family settled for $1.9 million (the judge did decline to extend qualified immunity for the officers).

In 2015, police destroyed a Colorado man’s home in pursuit of a shoplifter armed with a handgun. When I say destroyed, I mean “… the tactical team bombarded the building with high-caliber rifles, chemical agents, flash-bang grenades, remote-controlled robots, armored vehicles, and breaching rams”. The house was condemned afterwards leaving Leo Lech homeless. The city compensated him with $5000. He took the city to court and an appeals court ruled in 2019 that he was entitled to no compensation, as the police were acting within their police power, not taking items as part of an investigation.

I could go on and on: a homeless person beaten to death by officers, Massachusetts state police using military helicopters to spot single marijuana plants, a retired unarmed Sunday School Teacher shot four times in her car (cop lied on his report, was convicted of manslaughter, served two years), but there was one final story that stayed with me.

In May 2014, one night just past 2 AM, police in full SWAT gear served a no-knock warrant in a small Georgia town. A roommate of an informant they had never used before had apparently bought methamphetamine at the house earlier in the day. Ignoring the minivan parked in front with the car seat in it and the kid sized play pool, police assumed no children were present in the house despite no actual surveillance having been conducted. Their target, it turned out, wasn’t present and when he was apprehended later in the morning, he was not armed. Nonetheless, they easily obtained a no-knock warrant on the flimsiest of information. Police broke into the house and threw a flashbang grenade inside where no less than four children under the age of ten were sleeping. It landed in the playpen of the youngest, a 19 month old baby, and exploded. The police found no contraband or illegal items, but the infant was put into a medically induced coma. A grand jury declined to indict the deputy who obtained that warrant (naturally), and the county paid out a multi-million dollar out of court settlement.

American police have been a threat to freedom for a long time and in many forms. Violent no-knock raids on unsuspecting families, drug enforcement that both fails to stop drug use while also stacking up bodies, executions of unarmed and nonthreatening citizens because they don’t obey police orders, burning infants, the stories sound unbelievable. They are clearly an out of control, unaccountable paramilitary force.

Let’s talk about the recent protests, the catalyst for this post. Left leaning protesters have focused on police abuses’ connection to racism. I stated earlier that American police are Red Guards without the communism. Leftists are extending that argument; instead of Red Guards murdering people for the Cultural Revolution, protesters point out that American police are murdering people due to systemic racism. John Oliver details this argument here. Libertarian critiques of the police state have tended to categorize the ideology of the police in terms of authoritarianism, or opposition to personal liberty; hence the focus on the enforcement of drug laws that infringe on individual autonomy.

Naturally, libertarians emphasize a narrative where police abuses can be counteracted by libertarian ideology while progressives emphasize an alternative narrative that can be solved by social justice. If you are a conservative, you are likely to be suspicious of these critiques as they seem self-serving. Nonetheless, both critiques have a solid basis: Black Americans are killed at a disproportionate rate, and many unnecessary deaths clearly occur when serving drug warrants on citizens who have done nothing violent. Moreover, compared to the Red Guards, American police are not nearly as ideologically cohesive, yet they remain a powerful and unaccountable force as we’ve seen. This creates a dangerous situation where many ideologies and interest groups have an incentive to influence the police for their own ends.

But let’s recall what we stated earlier. Are unaccountable paramilitary groups bad because of their ideology or their violence? I argue, it’s their violence.

And we’ve seen from the previous examples, American police are remarkably violent. But those were just anecdotes. Here is part of a table of countries, and highlighted in blue is the rate of police killings per 10 million people. The United States at 46.6 is surrounded by renowned criminal justice systems like Iraq and the Democratic Republic of the Congo and trails standout nations like Iran.

Wikipedia link

This is bad.

We don’t actually know the amount of people killed by the police in the U.S. because the government doesn’t require police departments to track that data. The data linked in the Wikipedia article is from the Fatal Encounters database, which suggests about 1800 people killed every year by American police. The Washington Post database focuses only on police shootings and indicates around 1000 people are shot to death by the police each year.

To drive the point home, let’s first consider developed countries. The United States is by far the worst developed country in terms of police killings per capita, but the distant second place is Canada (which is so far up on the table, I couldn’t include it on the screengrab). Canadian police kill around 10 people per 10 million population compared to America’s 46.6–nearly a five fold decrease. In fact, American police are significantly outperformed by those of Pakistan, a country where military coups are commonplace, and which only had its first peaceful transition between elected governments in 2013.

The Washington Post database suggests about 25% of those killed by police are Black, which is disproportionately high for their percentage of the U.S. population. But for the sake of argument, let’s pretend that we could wave a magic wand and prevent all Black killings by the American police. Even if we did that, our rate of police killings would remain 350% of the next highest developed country. And to be clear, Canada is the second worst developed country we have data on, most others are much better.

I want to reiterate that last point: American police killings are not 350% of Canada’s total police killings, but 250% higher deaths per capita even if there were no more Black victims of police violence.

In fact, even if this hypothetical scenario of drastically reduced police killings, the rate of American police violence would remain much worse than a country like Egypt’s. In 2018, Human Rights Watch wrote of the Egyptian election:

Since President Abdel Fattah al-Sisi secured a second term in a largely unfree and unfair presidential election in March, his security forces have escalated a campaign of intimidation, violence, and arrests against political opponents, civil society activists, and many others who have simply voiced mild criticism of the government.

This is the country that has a significantly less deadly police force than us. This is disgraceful.

So if you’re a conservative, and you feel left-wing (or libertarian!) activists have a differing ideology than you, you’re probably right. But I think you may have much more in common on this issue that you might initially believe. The question we must agree on isn’t “which ideology should an unaccountable paramilitary force within our borders have?”, the question is “do we want unaccountable paramilitary organizations murdering hundreds of citizens a year?”

If think you might have some common ground with reformists, here are some simple ways to make the police more accountable: