The Criminalization of Everyday Life

The hulking vehicles, built for about $500,000 each at the height of the war, are among the biggest pieces of equipment that the Defense Department is giving to law enforcement agencies under a national military surplus program. (AP Photo/Mike Groll)

Sometimes a single story has a way of standing in for everything you need to know. In the case of the up-arming, up-armoring and militarization of police forces across the country, there is such a story. Not the police, mind you, but the campus cops at Ohio State University now possess an MRAP; that is, a $500,000, 18-ton, mine-resistant, ambush-protected armored vehicle of a sort used in the war in Afghanistan and, as Hunter Stuart of the Huffington Post reported, built to withstand “ballistic arms fire, mine fields, IEDs and nuclear, biological and chemical environments.” Sounds like just the thing for bouts of binge drinking and post-football-game shenanigans.

That MRAP came, like so much other equipment police departments are stocking up on — from tactical military vests, assault rifles and grenade launchers to actual tanks and helicopters – as a freebie via a Pentagon-organized surplus military equipment program. As it happens, police departments across the country are getting MRAPs like OSU’s, including the Dakota County Sheriff’s Office in Minnesota. It’s received one of 18 such decommissioned military vehicles already being distributed around that state. So has Warren County which, like a number of counties in New York state, some quite rural, is now deploying Afghan War-grade vehicles. (Nationwide, rural counties have received a disproportionate percentage of the billions of dollars’ worth of surplus military equipment that has gone to the police in these years.)

When questioned on the utility of its new MRAP, Warren County Sheriff Bud York suggested, according to the Post-Star, the local newspaper, that “in an era of terrorist attacks on US soil and mass killings in schools, police agencies need to be ready for whatever comes their way… The vehicle will also serve as a deterrent to drug dealers or others who might be contemplating a show of force.” So, breathe a sigh of relief, Warren County is ready for the next Al Qaeda-style show of force and, for those fretting about how to deal with such things, there are now 165 18-ton “deterrents” in the hands of local law enforcement around the country, with hundreds of requests still pending.

You can imagine just how useful an MRAP is likely to be if the next Adam Lanza busts into a school in Warren County, assault rifle in hand, or takes over a building at Ohio State University. But keep in mind that we all love bargains and that Warren County’s vehicle cost the department less than $10. (Yes, you read that right!) A cornucopia of such Pentagon “bargains” has, in the post-9/11 years, played its part in transforming the way the police imagine their jobs and in militarizing the very idea of policing in this country.

Just thinking about that MRAP at OSU makes me feel like I grew up in Neolithic America. After all, when I went to college in the early 1960s, campus cops were mooks in suits. Gun-less, they were there to enforce such crucial matters as “parietal hours.” (If you’re too young to know what they were, look it up.) At their worst, they faced what in those still civilianized (and sexist) days were called “panty raids,” but today would undoubtedly be seen as potential manifestations of a terrorist mentality. Now, if there is a sit-in or sit-down on campus, as infamously at the University of California, Davis, during the Occupy movement, expect that the demonstrators will be treated like enemies of the state and pepper-sprayed or perhaps immobilized with a stun gun. And if there’s a bona fide student riot in town, the cops will now roll out an armored vehicle (as they did recently in Seattle).

By the way, don’t think it’s just the weaponry that’s militarizing the police. It’s a mentality as well that, like those weapons, is migrating home from our distant wars. It’s a sense that the US, too, is a “battlefield” and that, for instance, those highly militarized SWAT teams spreading to just about any community you want to mention are made up of “operators” (a “term of art” from the special operations community) ready to deal with threats to American life.

Embedding itself chillingly in our civilian world, that battlefield is proving mobile indeed. As Chase Madar wrote for TomDispatch the last time around, it leads now to the repeated handcuffing of six- and seven-year-olds in our schools as mini-criminals for offenses that once would have been dealt with by a teacher or principal, not a cop, and at school, not in jail or court. Today, Madar returns to explain just how this particular nightmare is spreading into every crevice of American life. Tom

The Over-Policing of America

Police Overkill Has Entered the DNA of Social Policy

If all you’ve got is a hammer, then everything starts to look like a nail. And if police and prosecutors are your only tool, sooner or later everything and everyone will be treated as criminal. This is increasingly the American way of life, a path that involves “solving” social problems (and even some non-problems) by throwing cops at them, with generally disastrous results. Wall-to-wall criminal law encroaches ever more on everyday life as police power is applied in ways that would have been unthinkable just a generation ago.

By now, the militarization of the police has advanced to the point where “the war on crime” and “the war on drugs” are no longer metaphors but bland understatements. There is the proliferation of heavily-armed SWAT teams, even in small towns; the use of shock-and-awe tactics to bust small-time bookies; the no-knock raids to recover trace amounts of drugs that often result in the killing of family dogs, if not family members; and in communities where drug treatment programs once were key, the waging of a drug version of counterinsurgency war. (All of this is ably reported on journalist Radley Balko’s blog and in his book, The Rise of the Warrior Cop.) But American over-policing involves far more than the widely reported up-armoring of your local precinct. It’s also the way police power has entered the DNA of social policy, turning just about every sphere of American life into a police matter.

The School-to-Prison Pipeline

It starts in our schools, where discipline is increasingly outsourced to police personnel. What not long ago would have been seen as normal childhood misbehavior – doodling on a desk, farting in class, a kindergartener’s tantrum – can leave a kid in handcuffs, removed from school or even booked at the local precinct. Such “criminals” can be as young as seven-year-old Wilson Reyes, a New Yorker who was handcuffed and interrogated under suspicion of stealing five dollars from a classmate. (Turned out he didn’t do it.)

Though it’s a national phenomenon, Mississippi currently leads the way in turning school behavior into a police issue. The Hospitality State has imposed felony charges on schoolchildren for “crimes” like throwing peanuts on a bus. Wearing the wrong color belt to school got one child handcuffed to a railing for several hours. All of this goes under the rubric of “zero-tolerance” discipline, which turns out to be just another form of violence legally imported into schools.

Despite a long-term drop in youth crime, the carceral style of education remains in style. Metal detectors — a horrible way for any child to start the day — are installed in ever more schools, even those with sterling disciplinary records, despite the demonstrable fact that such scanners provide no guarantee against shootings and stabbings.

Every school shooting, whether in Sandy Hook, Connecticut, or Littleton, Colorado, only leads to more police in schools and more arms as well. It’s the one thing the National Rifle Association and Democratic senators can agree on. There are plenty of successful ways to run an orderly school without criminalizing the classroom, but politicians and much of the media don’t seem to want to know about them. The “school-to-prison pipeline,” a jargon term coined by activists, is entering the vernacular.

Go to Jail, Do Not Pass Go

Even as simple a matter as getting yourself from point A to point B can quickly become a law enforcement matter as travel and public space are ever more aggressively policed. Waiting for a bus? Such loitering just got three Rochester youths arrested. Driving without a seat belt can easily escalate into an arrest, even if the driver is a state judge. (Notably, all four of these men were black.) If the police think you might be carrying drugs, warrantless body cavity searches at the nearest hospital may be in the offing — you will be sent the bill later.

Air travel entails increasingly intimate pat-downs and arbitrary rules that many experts see as nothing more than “security theater.” As for staying at home, it carries its own risks as Harvard professor Henry Louis Gates found out when a Cambridge police officer mistook him for a burglar and hauled him away — a case that is hardly unique.

Overcriminalization at Work

Office and retail work might seem like an unpromising growth area for police and prosecutors, but criminal law has found its way into the white-collar workplace, too. Just ask Georgia Thompson, a Wisconsin state employee targeted by a federal prosecutor for the “crime” of incorrectly processing a travel agency’s bid for state business. She spent four months in a federal prison before being sprung by a federal court. Or Judy Wilkinson, hauled away in handcuffs by an undercover cop for serving mimosas without a license to the customers in her bridal shop. Or George Norris, sentenced to 17 months in prison for selling orchids without the proper paperwork to an undercover federal agent.

Increasingly, basic economic transactions are being policed under the purview of criminal law. In Arkansas, for instance, Human Rights Watch reports that a new law funnels delinquent (or allegedly delinquent) rental tenants directly to the criminal courts, where failure to pay up can result in quick arrest and incarceration, even though debtor’s prison as an institution was supposed to have ended in the 19th century.

And the mood is spreading. Take the asset bubble collapse of 2008 and the rising cries of progressives for the criminal prosecution of Wall Street perpetrators, as if a fundamentally sound financial system had been abused by a small number of criminals who were running free after the debacle. Instead of pushing a debate about how to restructure our predatory financial system, liberals in their focus on individual prosecution are aping the punitive zeal of the authoritarians. A few high-profile prosecutions for insider trading (which had nothing to do with the last crash) have, of course, not changed Wall Street one bit.

Criminalizing Immigration

The past decade has also seen immigration policy ingested by criminal law. According to another Human Rights Watch report — their US division is increasingly busy — federal criminal prosecutions of immigrants for illegal entry have surged from 3,000 in 2002 to 48,000 last year. This novel application of police and prosecutors has broken up families and fueled the expansion of for-profit detention centers, even as it has failed to show any stronger deterrent effect on immigration than the civil law system that preceded it. Thanks to Arizona’s SB 1070 bill, police in that state are now licensed to stop and check the papers of anyone suspected of being undocumented — that is, who looks Latino.

Meanwhile, significant parts of the US-Mexico border are now militarized (as increasingly is the Canadian border), including what seem to resemble free-fire zones. And if anyone were to leave bottled water for migrants illegally crossing the desert and in danger of death from dehydration, that good Samaritan should expect to face criminal charges, too. Intensified policing with aggressive targets for arrests and deportations are guaranteed to be a part of any future bipartisan deal on immigration reform.

Digital Over-Policing

As for the Internet, for a time it was terra nova and so relatively free of a steroidal law enforcement presence. Not anymore. The late Aaron Swartz, a young Internet genius and activist affiliated with Harvard University, was caught downloading masses of scholarly articles (all publicly subsidized) from an open network on the MIT campus. Swartz was federally prosecuted under the capacious Computer Fraud and Abuse Act for violating a “terms and services agreement” — a transgression that anyone who has ever disabled a cookie on his or her laptop has also, technically, committed. Swartz committed suicide earlier this year while facing a possible 50-year sentence and up to a million dollars in fines.

Since the summer, thanks to whistleblowing contractor Edward Snowden, we have learned a great deal about the way the NSA stops and frisks our (and apparently everyone else’s) digital communications, both email and telephonic. The security benefits of such indiscriminate policing are far from clear, despite the government’s emphatic but inconsistent assurances otherwise. What comes into sharper focus with every volley of new revelations is the emerging digital infrastructure of what can only be called a police state.

Sex Police

Sex is another zone of police overkill in our post-Puritan land. Getting put on a sex offender registry is alarmingly easy — as has been done to children as young as 11 for “playing doctor” with a relative, again according to Human Rights Watch. But getting taken off the registry later is extraordinarily difficult. Across the nation, sex offender registries have expanded massively, especially in California, where one in every 380 adults is now a registered sex offender, creating a new pariah class with severe obstacles to employment, housing or any kind of community life. The proper penalty for, say, an 18-year-old who has sex with a 14-year-old can be debated, but should that 18-year-old’s life really be ruined forever?

Equality Before the Cops?

It will surprise no one that Americans are not all treated equally by the police. Law enforcement picks on kids more than adults, the queer more than straight, Muslims more than Methodists – Muslims a lot more than Methodists — antiwar activists more than the apolitical. Above all, our punitive state targets the poor more than the wealthy and blacks and Latinos more than white people.

A case in point: after the 1999 massacre at Columbine High School, a police presence, including surveillance cameras and metal detectors, was ratcheted up at schools around the country, particularly in urban areas with largely working-class black and Latino student bodies. It was all to “protect” the kids, of course. At Columbine itself, however, no metal detector was installed and no heavy police presence intruded. The reason was simple. At that school in the Colorado suburb of Littleton, the mostly well-heeled white families did not want their kids treated like potential felons and they had the status and political power to get their way. But communities without such clout are less able to push back against the encroachments of police power.

Even Our Prisons Are Over-Policed

The over-criminalization of American life empties out into our vast, overcrowded prison system, which is itself over-policed. The ultimate form of punitive control (and torture) is long-term solitary confinement, in which 80,000 to 100,000 prisoners are encased at any given moment. Is this really necessary? Solitary is no longer reserved for the worst or the worst or most dangerous prisoners but can be inflicted on ones who wear Rastafari dreadlocks, have a copy of Sun Tzu’s Art of War in their cell or are in any way suspected, no matter how tenuous the grounds, of gang affiliations.

Not every developed nation does things this way. Some 30 years ago, Great Britain shifted from isolating prisoners to, whenever possible, giving them greater responsibility and autonomy — with less violent results. But don’t even bring the subject up here. It will fall on deaf ears.

Extreme policing is exacerbated by extreme sentencing. For instance, more than 3,000 Americans have been sentenced to life terms without chance of parole for nonviolent offenses. These are mostly but not exclusively drug offenses, including life for a pound of cocaine that a boyfriend stashed in the attic; selling LSD at a Grateful Dead concert; and shoplifting three belts from a department store.

Our incarceration rate is the highest in the world — triple that of the now-defunct East Germany. The incarceration rate for African-American men is about five times higher than that of the Soviet Union at the peak of the gulag.

The Destruction of Families

Prison may seem the logical finale for this litany of over-criminalization, but the story doesn’t actually end with those inmates. As prisons warehouse ever more Americans, often hundreds of miles from their local communities, family bonds weaken and disintegrate. In addition, once a parent goes into the criminal justice system, his or her family tends to end up on the radar screens of state agencies. “Being under surveillance by law enforcement makes a family much more vulnerable to Child Protective Services,” says Professor Dorothy Roberts of the University of Pennsylvania Law school. An incarcerated parent, especially an incarcerated mother, means a much stronger likelihood that children will be sent into foster care, where, according to one recent study, they will be twice as likely as war veterans to suffer from PTSD.

In New York State, the Administration for Child Services and the juvenile justice system recently merged, effectively putting thousands of children in a heavily policed, penalty-based environment until they age out. “Being in foster care makes you much more vulnerable to being picked up by the juvenile justice system,” says Roberts. If you’re in a group home and you get in a fight, that could easily become a police matter.” In every respect, the creeping over-criminalization of everyday life exerts a corrosive effect on American families.

Do We Live in a Police State?

The term “police state” was once brushed off by mainstream intellectuals as the hyperbole of paranoids. Not so much anymore. Even in the tweediest precincts of the legal system, the over-criminalization of American life is remarked upon with greater frequency and intensity. “You’re probably a (federal) criminal” is the accusatory title of a widely read essay co-authored by Judge Alex Kozinski of the 9th Circuit of the US Court of Appeals. A Republican appointee, Kozinski surveys the morass of criminal laws that make virtually every American an easy target for law enforcement. Veteran defense lawyer Harvey Silverglate has written an entire book about how an average American professional could easily commit three felonies in a single day without knowing it.

The daily overkill of police power in the US goes a long way toward explaining why more Americans aren’t outraged by the “excesses” of the war on terror, which, as one law professor has argued, are just our everyday domestic penal habits exported to more exotic venues. It is no less true that the growth of domestic police power is, in this positive feedback loop, the partial result of our distant foreign wars seeping back into the homeland (the “imperial boomerang” that Hannah Arendt warned against).

Many who have long railed against our country’s everyday police overkill have reacted to the revelations of NSA surveillance with detectable exasperation: of course we are over-policed! Some have even responded with peevish resentment: Why so much sympathy for this Snowden kid when the daily grind of our justice system destroys so many lives without comment or scandal? After all, in New York, the police department’s “stop and frisk” tactic, which targets African-American and Latino working-class youth for routinized street searches, was until recently uncontroversial among the political and opinion-making class. If “the gloves came off” after September 11, 2001, many Americans were surprised to learn they had ever been on to begin with. More

 

 

 

 

Russia’s Strategic Pakistan Play

Russia’s decision to go ahead with the sale of Mi-35 attack helicopters to Pakistan, even in the face of official Indian concerns, is being seen by some quarters as evidence of a “major” regional re-alignment in the wake of the American drawdown in Afghanistan.

In fact, the Russia-Pakistan dialogue for regional integration has been underway for some time now and beyond security cooperation, it is more fundamentally driven by Moscow’s push towards ‘southern” markets and Pakistan’s need for a capable yet politically “manageable” strategic sector trade and investment partner. The Mi-35 sale (if it does materialize) reflects the fact that the geo-economic stakes for both sides are now high enough for them to make a concerted push towards a long term compartmentalized working relationship in a manner not dissimilar to the way in which their more traditional partners – India for Russia and America for Pakistan – deal with each other. Indeed, in a world characterized by both competition and cooperation the heady rhetoric of “strategic partnership” means little and it is the transactional content that weighs on any relationship. Far more than cooperation in counter-terrorism, Russia and Pakistan will have to move forward quickly on Putin’s commitment to invest in the latter’s energy and metallurgy sectors for their relationship to be meaningful.

Mi-35

It could be argued that it was actually America’s entry into the region a decade ago that ultimately accentuated the circumstances that impel Russia and Pakistan closer to each other. Pakistan’s counter-terrorism cooperation with America salved with military aid has been toxic for domestic stability, as the situation in FATA and Waziristan reveal. As the tempo of internal stability operations has increased, Pakistan is keen to diversify away from America for certain classes of weaponry to a source that can supply cheaper and more rugged alternatives with a much smaller political price on the domestic front. The Mi-35 fits that bill and is likely to prove useful for Pakistani operations against the Tehrik-i-Taliban Pakistan (TTP) in mountainous areas, given its pedigree from the Afghan theater. At the moment Pakistan is using AH-1 Cobra Gunships that were originally obtained from America for use against Indian armoured formations in the plains and are proving expensive to use in operations against the TTP. Pakistan may not wish to be saddled with too much expensive American equipment that it can”t afford without generous aid.

Russia until recently was “reluctant” to transfer equipment that could be labelled as offensive in nature such as the Mi-35, and was holding back probably with an eye on a number of Indian military procurement tenders such as the multi-billion dollar medium multirole combat aircraft (MMRCA) competition. In 2010, Russia’s UAC, which was participating in the tender, even made noises about blocking the re-export of 150 KlimovRD-93 turbofans from China for Pakistan Air force’s future mainstay, the JF-17, on the grounds that it would compete with the Russian Mig-29 in international markets. By 2013, however, with Russia having lost out on the MMRCA tender and other Indian competitions, the Russians reiterated their commitment to continue supplies of the RD-93 and the JF-17 Block II commenced production in late 2013. So while much is being made of the Mi-35 sale, the fact is the Pakistanis seem set to rely on Russian engines for a majority of their fleet in the coming decades. When seen along with the fact that Russia supplied IL-78 MP refuelling tankers to Pakistan between 2009 and 2012, it is clear that comfort levels on both sides have been growing for quite a while now.

However, Russia is now willing to supply tactical equipment to Pakistan, especially in categories such as attack helicopters, where India either has domestic projects or may buy American. In many of these categories, though Pakistani spending ability given relatively cheaper Russian equipment is not insignificant, the pull for the Russians also comes from securing greater Pakistani willingness to help the Russians maintain security over energy infrastructure transiting areas like Eastern Afghanistan.

Once again, the American push to set up energy transit corridors from Central Asia to India such as the Turkmenistan-Afghanistan-Pakistan-India (TAPI) gas pipeline has created a situation of Russia-Pakistan commonality. Russia has for some time expressed an interest in joining the TAPI project and is now pushing decisively for it even while proposing new oil pipelines next to it. Russia is also eager to partner in the Iran-Pakistan-India pipeline project, opposed by the Americans, but with clear potential if Pakistan agrees to guarantee delivery of gas to the India border. Of course, besides military supplies, Russia can also offer Pakistan a lot of useful intelligence in the latter’s fight against the TTP given that group’s link with various Central Asian terrorist organizations.

For Pakistan, the opening of Russia as a source for weapons greatly increases Pakistan’s leg room vis-à-vis American pressure at the strategic level. Moreover while Pakistan is certainly eager to get involved in trilateral military projects with Russia and China like the JF-17 (which may now even be exported to Myanmar), direct Russian weapon sales are also coveted since the Pakistani military does not want to field only Chinese weapons either.

In fact, as terrorist activities in Xingjiang increase and Pakistan’s internal security situation worsens, the Chinese have been rather selective in their Pakistani investments. For instance, Pakistan’s decrepit railways have actually had to turn to India for help and are looking to lease up to 50 diesel engines as rolling stock. While Indian industry has been making overtures to Nawaz Sharif’s government to open up to cross border investment, the Pakistani military is still looking to a politically less sensitive prospect to shore up the flagging core sectors of the Pakistani economy clearly in need of reliable foreign capital.

Of course, if former Pakistani Army Chief General Kayani’s views are anything to go by, the military understands that there can be no Pakistan without a viable economy. While in uniform, it was Kayani who made a couple of visits to Russia and today the Russians are being wooed as a source for investment in Pakistan’s flagship Thar Coal Project as well as a strategic partner for upgrading the South Asian country’s moribund steel industry. Chechnya it seems is more distant than Kashmir or even Xingjiang and Russia could yet prove a politically acceptable partner for meeting an energy crisis ridden Pakistan’s requirements in quite a few sectors.

For Russia the benefits of succeeding in Pakistan are worth the risk, since it could leverage influence over Af-Pak to reach Indian shores. Indeed, even Pakistan’s Gwadar port, much touted as a Chinese “pearl” could actually host a LNG liquefaction facility that could send cheaper gas supplies than Qatar to import terminals in South India. However, both Russia and Pakistan will have to work quicker to remove long-standing trade disputes for a more conducive environment.

India will of course watch closely to see whether the Russians are indeed able to use the dependencies they are creating in Pakistan for closer regional energy integration. That the Russians are increasing strategic options for their neighbor when even the Saudis are handing over Lashkar-e-Taiba terrorists will obviously be of concern to New Delhi. That is especially so since the Pakistanis themselves are masters at selective counterterrorism at a time when many jihadists in Syria and Afghanistan may soon be looking for a re-direct.

Saurav Jha is a commentator on energy and security. Follow him on twitter @SJha1618.