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December 09, 2003

Broken Window Backlash

I don't want to belabor the point but I think that it has been proven beyond a shadow of a doubt that above a certain amount of proactive, pre-emptive and otherwise overactive policing, law enforcement becomes counterproductive.

Broken Windows (B) is what got Giuliani in trouble in NYC and led to some of the friction between himself and Bratton. Before the use of 'verbal judo' NYC cops in pursuit of certain profiles where outraging targeted neighborhoods.

The entire problem with profiling is that you establish a different standard of probable cause premised on the probability of pre-emptively catching crooks. If the profile is racial, which it often is, what you are essentially saying is that it is OK to apply a racist standard of judgement to criminals. In practice this means that black criminals are subjected to greater abuse than white criminals. Is a racist criminal justice system OK simply because most of us are not criminals? No, especially when you have a situation as you did in New York City, where black police officers felt a special duty to pre-emptively instruct black youth how not to walk and talk such that they wouldn't fall victim to the PD's new rules of engagement.

The question is whether a community is willing to accept greater security in exchange for infringements upon their civil liberties. As a temporary measure, it can be acceptable, but there is a great opportunity for abuse. If the police department initiates such tactics of its own accord, that's the first clue that there is trouble coming.

American history illustrates why lots of blackfolks don't trust 'that System'. Theorists bite your tongues.

Posted by mbowen at December 9, 2003 11:48 PM

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