Faculty of law blogs / UNIVERSITY OF OXFORD

Duty to destroy or duty to protect? The dangers of police mission creep

This is the first post in a three part series on police militarisation

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You’re Fucked.” This prophetic phrase was etched on the ejection port cover of the police-issued AR-15 assault rifle that Officer Philip Brailsford used when he shot and killed an unarmed Daniel Shaver. The inscription is harrowingly similar to the ironically-termed “love notes” written on American bombs meant for enemy forces.

During his trial, Officer Brailsford claimed he reacted according to his training – he thought he was dealing with an armed person. Yet disturbing footage from a police body camera shows Daniel Shaver following police instructions, all but for a second when he reached toward his waistband. Brailsford fired.

No weapon was found on Shaver’s person. Rather, it seems that Shaver was simply trying to keep his basketball shorts on, which had been falling off as he crawled toward police as ordered. Officer Brailsford was later acquitted of any criminal charges.

Sadly, this hasn’t been the only time police militarization has contributed to civilian harm. On Aug. 17, 2014, an eight-year-old boy was hit by police tear gas meant to disperse Ferguson protestors who had gathered after Officer Darren Wilson fatally shot Michael Brown. Following the release of the grand jury decision regarding whether to charge Officer Wilson, St. Louis Police Chief Sam Dotson declared that his force was ready for any public reaction: “We’ve had three months to prepare

How does this affect the police’s duty “to protect the innocent” or “to respect the Constitutional rights of all men to liberty, equality and justice”? This study showcases that police militarization is an impediment to the fulfillment of these sacred duties.

Our police officers should be our local superheroes. Their presence should bring comfort, not instill fear. The militarization of our local police forces works directly against this aim. When police are dressed and armed as if they are ready to conquer enemy combatants, their role becomes unclear – both to them and to the communities they have sworn to protect.

Policing is a profession with significant safety risks. It is understandable that we would want to provide our local superheroes with equipment that we believe would diminish some of this danger. But for the sake of public safety and trust, let’s keep the line between police blue and military green clear.

 

Arthur Rizer is a DPhil student at the Centre for Criminology. Arthur is also the criminal justice policy director at the R Street Institute, a Washington D.C. based think tank (@arthurrizer).

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