The End of Policing

Once again, popular culture and media has had a role in creating stereotypes, moral panics, and misinformation about gangs and their function and nature. When juxtaposed to the police warrior mentality, Vitale argues that this serves to make both groups more isolated and insular (157). In many ways, both groups share similar values and norms which only serves to compound the matter. Both have the same hierarchy, both seek revenge when one of their own is injured or murdered, and both rely on their teammates to help them enforce the rules and regulations that they live by. The difference of course is that one works in the confines of legitimate violence while the other does not.

Police anti-gang units in the 1970s like the Total Resources Against Street Hoodlums (TRASH) unit only served to dehumanize gang members with a focus on African Americans and Latinos specifically. Massive sweeps for gang members in their respective communities would inevitably have a polarizing effect. Instead of encouraging community members to give up the whereabouts of gang members, the unprofessional and often brutal conduct of police officers only served to legitimize the distrust and anti-police sentimentality amongst minority groups.

Vitale argues that arrests, incarceration, and programs like San Diego’s Jurisdictions United for Drug Gang Enforcement (JUDGE) fail to prevent recidivism. Indeed, it often has the opposite effect and increases gang cohesion. The police no longer pose a threat so much as they do a challenge. Gang members see the police as opponents and victories against them are celebrated. Failures, as in time served, are badges of honor amongst gang members. They obtain respect through their opposition to the police.

To counter this, police have maintained a database that is “populated with the names of thousands of young people” (164). These lists are used to increase prison time, create local laws prohibiting interaction with known gang members, and penalize family members and lifelong friends for associating with them (165). Not only do these measures fail to address the socioeconomic issues plaguing communities of color, but they also serve to criminalize victims of a system that was designed to discriminate. Reforms such as the Spergel Model, David Kennedy’s Targeted Deterrence model, and Operation Ceasefire in New York advocate for collaboration between law enforcement, schools, social services providers, and local communities (166). While these have proven successful to an extent, Vitale argues that reductions in criminal activity are small, occurring only in key crime categories (168).

Instead, Vitale calls for nonpunitive measures that involve restorative justice programs. By helping communities “build a capacity to solve problems on their own or in true partnership with the government” (172), he believes that young offenders especially will benefit from being reintegrated. Engaging offenders through restorative justice practices also allows for offenders to participate in rehabilitative programs and become productive members of their community. This approach is based on Native American values and beliefs and has been employed extensively in many Indigenous communities in North America. Thus, Vitale argues that the healing and therapeutic nature of Indigenous Restorative Justice Programs is in itself a compelling argument for why it should be adopted in the US as it is a community issue first and foremost.

As seen in Chapter 2, policing the border between Mexico and the United States is based on similar approaches that were developed for law enforcement to control the flow of slaves in the 19th and early 20th centuries. The Immigration and Customs Enforcement (ICE) agency created Fugitive Operations Teams (2003) and Worksite Enforcement Unit (2006). These units have been tasked with deporting dangerous criminals and conducting heavily armed raids of workplaces and reviews of employee lists looking for […] undocumented migrants” (185). However, Vitale states that these units regularly break constitutional rights and serve little more than an annoyance to migrants entering the country illegally.

The Border Patrol has recently become involved in acting as a security detachment for sporting events as a national plan to circumvent terrorism (187). This attempt to unlawfully stop and search the public has raised concerns over the legitimacy of using a paramilitary approach within a democratic society. Human rights abuses include the unlawful detainment and separation of families from their children, a rise in harassment and police brutality cases, and the unwarranted use of deadly force against migrants.

Vitale argues that the aftermath of 9/11 saw a rise in unconstitutional approaches to policing in the US; “[s]ome argue for a return to a system of foreign worker authorization similar to the Bracero Program” (191). However, Vitale points out that this did not prevent illegal immigration, nor did it improve living standards (191).

Furthermore, this program was used punitively by employers. It gave them the ability to blacklist those who refused to comply with often unethical demands or if an attempt to form unions was discovered. Vitale criticizes the North American Free Trade Agreement (NAFTA) (1992) as it has had “devastating consequences for agricultural production in Mexico, displacing and impoverishing millions” (195). This has largely led to an increase in migration as many Mexicans search for a better life. The failure of the North American governments to recognize the consequences of NAFTA is part of the issue. As an alternative, Vitale calls for an approach similar to the European Union (EU). By opening borders and developing economic interests together, the EU has been able to address poorer areas by diverting funds to help produce economic and social stability (195). The free movement of EU citizens between partner states has not affected the standard of living negatively. Instead, it has actually served to circumvent the negative effects of an unregulated neoliberal capitalist system.