The history of racialized policing
Like many scholars, Khalil Gibran Muhammad, professor of history, race, and public policy at the Harvard Kennedy School, traces the history of policing in America to “slave patrols” in the antebellum South, in which white citizens were expected to help supervise the movements of enslaved Black people. This legacy, he believes, can still be seen in policing today. “The surveillance, the deputization essentially of all white men to be police officers or, in this case, slave patrollers, and then to dispense corporal punishment on the scene are all baked in from the very beginning,” he told NPR last year.
Slave patrols, and the slave codes they enforced, ended after the Civil War and the passage of the 13th amendment, which formally ended slavery “except as a punishment for crime.” But Muhammad notes that former Confederate states quickly used that exception to justify new restrictions. Known as the Black codes, the various rules limited the kinds of jobs African Americans could hold, their rights to buy and own property, and even their movements.
“The genius of the former Confederate states was to say, ‘Oh, well, if all we need to do is make them criminals and they can be put back in slavery, well, then that’s what we’ll do.’ And that’s exactly what the Black codes set out to do. The Black codes, for all intents and purposes, criminalized every form of African American freedom and mobility, political power, economic power, except the one thing it didn’t criminalize was the right to work for a white man on a white man’s terms.” In particular, he said the Ku Klux Klan “took about the business of terrorizing, policing, surveilling, and controlling Black people. … The Klan totally dominates the machinery of justice in the South.”
When, during what became known as the Great Migration, millions of African Americans fled the still largely agrarian South for opportunities in the thriving manufacturing centers of the North, they discovered that metropolitan police departments tended to enforce the law along racial and ethnic lines, with newcomers overseen by those who came before. “There was an early emphasis on people whose status was just a tiny notch better than the folks whom they were focused on policing,” Muhammad said. “And so the Anglo-Saxons are policing the Irish or the Germans are policing the Irish. The Irish are policing the Poles.” And then arrived a wave of Black Southerners looking for a better life.
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In his groundbreaking work, “The Condemnation of Blackness: Race, Crime, and the Making of Modern Urban America,” Muhammad argues that an essential turning point came in the early 1900s amid efforts to professionalize police forces across the nation, in part by using crime statistics to guide law enforcement efforts. For the first time, Americans with European roots were grouped into one broad category, white, and set apart from the other category, Black.
Citing Muhammad’s research, Harvard historian Jill Lepore has summarized the consequences this way: “Police patrolled Black neighborhoods and arrested Black people disproportionately; prosecutors indicted Black people disproportionately; juries found Black people guilty disproportionately; judges gave Black people disproportionately long sentences; and, then, after all this, social scientists, observing the number of Black people in jail, decided that, as a matter of biology, Black people were disproportionately inclined to criminality.”
“History shows that crime data was never objective in any meaningful sense,” Muhammad wrote. Instead, crime statistics were “weaponized” to justify racial profiling, police brutality, and ever more policing of Black people.
This phenomenon, he believes, has continued well into this century and is exemplified by William J. Bratton, one of the most famous police leaders in recent America history. Known as “America’s Top Cop,” Bratton led police departments in his native Boston, Los Angeles, and twice in New York, finally retiring in 2016.
Bratton rejected notions that crime was a result of social and economic forces, such as poverty, unemployment, police practices, and racism. Instead, he said in a 2017 speech, “It is about behavior.” Through most of his career, he was a proponent of statistically-based “predictive” policing — essentially placing forces in areas where crime numbers were highest, focused on the groups found there.
Bratton argued that the technology eliminated the problem of prejudice in policing, without ever questioning potential bias in the data or algorithms themselves — a significant issue given the fact that Black Americans are arrested and convicted of crimes at disproportionately higher rates than whites. This approach has led to widely discredited practices such as racial profiling and “stop-and-frisk.” And, Muhammad notes, “There is no research consensus on whether or how much violence dropped in cities due to policing.”
In 2015 The Washington Post began tracking every fatal shooting by an on-duty officer, using news stories, social media posts, and police reports in the wake of the fatal police shooting of Brown, a Black teenager in Ferguson, Mo. According to the newspaper, Black Americans are killed by police at twice the rate of white Americans, and Hispanic Americans are also killed by police at a disproportionate rate.
Such efforts have proved useful for researchers such as economist Rajiv Sethi.
A Joy Foundation Fellow at Harvard’s Radcliffe Institute for Advanced Study, Sethi is investigating the use of lethal force by law enforcement officers, a difficult task given that data from such encounters is largely unavailable from police departments. Instead, Sethi and his team of researchers have turned to information collected by websites and news organizations including The Washington Post and The Guardian, merged with data from other sources such as the Bureau of Justice Statistics, the Census, and the Centers for Disease Control and Prevention.