Policing and 'Bluelining'

68 Pages Posted: 4 Jan 2021 Last revised: 7 Jan 2021

See all articles by Aya Gruber

Aya Gruber

University of Colorado Law School

Date Written: December 11, 2020

Abstract

In this essay written for the Frankel Lecture symposium on police killings of Black Americans, I explore the increasingly popular claim that racialized brutality is not a malfunction of policing, but its function. Or, as Paul Butler counsels, “Don’t get it twisted—the criminal justice system ain’t broke. It’s working just the way it’s supposed to.” This claim contradicts the conventional narrative, which remains largely accepted, that the police exist to vindicate the community’s interest in solving, reducing, and preventing crime. A perusal of the history of organized policing in the United States, however, reveals that it was never mainly about interdicting crime. From its inception in the late 1800s, organized policing served the social, political, and economic priorities of empowered groups, from supporting Southern agrarian capitalist interests by imposing de facto slavery on emancipated Blacks to bolstering Northern industrialization by oppressing immigrant laborers. Thereafter, police forces grew in response, not to spikes in garden-variety crimes, but to political campaigns and cultural anxieties. And today, it remains contested whether current policing practices—especially street policing—function to alleviate, rather than exacerbate, crime problems.

While policing’s crime-reduction success is questionable, one obvious tremendous success has been its control of race, space, and place. Police draw blue lines around Black neighborhoods—just as banks drew their red lines—designating them as high-risk, pathological spaces. Police use aggressive stop and frisks, intense surveillance, and military-style home raids to keep the people in their spatial and social place. Brutality is the business of policing, reinforced in recruitment, training, and practice. I conclude that because racialized brutality is integral to policing, reformers should not primarily focus on incarcerating specific bad cops who draw headlines. The “bad apple” narrative casts racist violence as individual and deviant rather than institutional and structural and undermines the current promising, if glacial, movement toward dismantling policing as we know it.

Keywords: policing, race, Black Lives Matter, Defund the Police, Breonna Taylor, George Floyd, law enforcement, warrant SWAT, stop-and-frisk, broken-windows, racial profiling, police brutality, bad cops, police reform

JEL Classification: k14, k42

Suggested Citation

Gruber, Aya, Policing and 'Bluelining' (December 11, 2020). Houston Law Review, Vol. 58, No. 2, 2021, U of Colorado Law Legal Studies Research Paper No. 21-1, Available at SSRN: https://ssrn.com/abstract=3746717

Aya Gruber (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States
(303) 492-8441 (Phone)

HOME PAGE: http://lawweb.colorado.edu/profiles/profile.jsp?id=325

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