As a former policeman, I know America’s law enforcement officers have hard jobs. They make tough decisions in high-pressure situations, sometimes with life and death consequences. We need to ensure they’re well trained, trustworthy, and of sound character. We also need laws and rules of conduct that encourage the best outcomes, and we can’t ask them to do the impossible. Now is the right time to re-examine whether we’re accomplishing this.
...What does that change look like? Many ideas are being put forward, and we need policymakers to engage in an open debate that leads us to the best ones. But these three will move us in the right direction.
1. Transform police culture. Most police officers and law enforcement leaders across the country — people who risk their lives to serve and protect their communities — know that use-of-force policies must change. They are also rightly frustrated that many police union agreements protect bad actors from facing the consequences of their decisions.
2. Remove bad incentives such as civil asset forfeiture and qualified immunity, a judge-made law that prevents law enforcement officials who violate people’s constitutional rights from being held accountable for their actions. We must also reform the federal 1033 program that encourages police to treat communities like militarized combat zones rather than shared neighborhoods.
3. Eliminate unnecessary criminalization. As a society, we’ve aggressively criminalized behaviors we’d like to see less of, without considering the ramifications. We don’t even require adequate intent standards when charging and convicting people. Over the past 40 years, we’ve added 300,000 federal crimes to the enforcement burden that police officers carry, making the job far more difficult. We must enact robust federal and state overcriminalization reform.
The vast majority of the nation’s police take on this risky assignment because they are committed to keeping Americans safe, regardless of their skin color or other characteristics. They deserve laws that make sense, processes that help them succeed, and a system that allows them to focus on real threats to public safety.
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