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Culture War Roundup for the week of September 4, 2023

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Defunding My Mistake

Confessions of an ex-ACAB

Until about five years ago, I unironically parroted the slogan All Cops Are Bastards (ACAB) and earnestly advocated to abolish the police and prison system. I had faint inklings I might be wrong about this a long time ago, but it took a while to come to terms with its disavowal. What follows is intended to be not just a detailed account of what I used to believe but most pertinently, why. Despite being super egotistical, for whatever reason I do not experience an aversion to openly admitting mistakes I've made, and I find it very difficult to understand why others do. I've said many times before that nothing engenders someone's credibility more than when they admit error, so you definitely have my permission to view this kind of confession as a self-serving exercise (it is). Beyond my own penitence, I find it very helpful when folks engage in introspective, epistemological self-scrutiny, and I hope others are inspired to do the same.

How Did I Get There?

For decades now, I've consistently held plain vanilla libertarian policy preferences, with the only major distinction being that I've aligned myself more with the anarchists. Whereas some were content with pushing the "amount of government" lever to "little", I wanted to kick it all the way to "zero". There are many reasons I was and remain drawn to anarchist libertarianism, and chief among them was the attractively simple notion that violence is immoral and that government is violence. The problem with moral frameworks is that they can be quite infectious. To pick on one example for demonstration's sake, I notice that for many animal welfare advocates a vegan diet is heralded not just as the ideal moral choice, but also as the healthiest for humans, the least polluting, the cheapest financially, the best for soil conservation, the most water-efficient, the least labor-exploitative, et cetera & so forth. There's a risk that if you become dogmatically attached to a principled position, you're liable to be less scrutinizing when reflexively folding in other justifications. I suspect that happened to me with prisons, for example, where because I felt immediate revulsion at the thought of the state forcing someone into a cage, I was unwilling to entertain the possibility it could be justified. Ceding the ground on this particular brick was too threatening to the anarchism edifice I was so fond of.

Obviously if you advocate getting rid of the government, people naturally want to know what will replace it. Some concerns were trivial to respond to (I'm not sad about the DEA not existing anymore because drugs shouldn't be illegal to begin with), but other questions I found annoying because I admittedly had no good answer, such as what to do with criminals if the police didn't exist. I tried to find these answers. Anarchism as an umbrella ideology leans heavily to the far left and has a history of serious disagreements with fellow-travelers in Marxism. Despite that feud, anarchist thought absorbed by proxy Marxist "material conditions" critiques that blame the existence of crime on capitalism's inequalities --- a claim that continues to be widely circulated today, despite how flagrantly dumb it is. As someone who was and continues to be solidly in favor of free market economics, these critiques were like parsing an inscrutable foreign language.[1] I was in college around my most ideologically formative time and a voracious reader, but I churned through the relevant literature and found nothing convincing. Instead of noting that as a blaring red flag, I maintained the grip I had on my preferred conclusion and delegated the hard work of actually defending it to someone else. I specifically recall how Angela Davis's 2003 book Are Prisons Obsolete? (written by a famous professor! woah!) had just come out and the praise it was getting from my lefty friends. If this synopsis of the book is in any way accurate, Davis's arguments are so undercooked that it should come with a health warning. The fact that I never read the book all the following years could have been intentional, because it allowed me a convenient escape hatch: whenever pressed, I could just hide behind Davis and other purportedly super prestigious intellectuals as my security detail. Back then, I carried the incredibly naive assumption that any position held by prestigious academics couldn't be completely baseless...right?

Also pertinent is exploring why I felt so attached to something I knew I couldn't logically defend, and the simple explanation is that it was cool. Being a libertarian can be super socially isolating, especially if you live only in places overwhelmingly surrounded by leftists like I do. I navigated the social scene by prioritizing shared political values --- let's not discuss how I don't support the minimum wage, focus instead on how much I hate the police and on how much I love punk rock. That worked really well. Putting "ACAB" on my Tinder profile was an effective signaling move that dramatically improved my chances of matching with the tattooed and pierced cuties I was chasing. Announcing at a party that you are so radical that you're willing to eliminate prisons is an effective showmanship maneuver that few others have the stomach to challenge. There was plenty of social cachet motivating me to ignore niggling doubts.

How Did I Leave?

Whatever the outward facade, my position was crumbling behind it. Almost seven years ago I started working as a public defender and was inundated with hundreds of hours of police encounter footage that were completely uneventful; if anyone, it was usually my client who acted like an idiot. I've seen bodycam footage that starts with officers dropping their lunch in the precinct breakroom in order to full-on sprint toward a "shots fired" dispatch call. I've seen dipshits like the woman who attempted to flee a traffic stop while the trooper was desperately reaching for the ignition with his legs dangling out of the open car door. Despite this, the trooper treated her with impeccable professionalism once the situation was stabilized. At least about five years ago, I found myself in a conversation with a very normie liberal lawyer on the question of police/prison abolition. It was one of the first times I encountered serious pushback and I quickly realized just how woefully under-equipped I was. I distinctly remember how unpleasant the feeling was --- not from the fear of being wrong about something, but rather the fear of being found out.

There were instances where I pulled bullshit what-I-really-mean defenses of ACAB and tried to pontificate about how it's less about whether individual officers are per se "bastards", but rather how the institutional role is blah blah blah. I played similarly squirmy motte-and-bailey games with the abolition topic when I was confronted with undeniable rebuttals. I found an example from almost 10 years ago of one of my most common responses, where I'd highlight some police scandal (e.g., cops seizing more stuff through civil forfeiture than is stolen from people by burglars) and accompany it with the eminently lukewarm "on net, society might be better off without police". The argument is as abstract as it is unconvincing; soaring at an altitude too high for effective critique yet also too remote for anyone to care. Tellingly, I wouldn't and couldn't address the more pressing questions of how to deal with more serious crimes.

It was bizarre watching the discourse unfold during the 2020 BLM riots/protests. Almost overnight, the normie liberal demographic that previously was willing to push back on my inanity was now hoarse from screaming for police abolition. My younger self would've been thrilled watching the populace fully adopt radical anarchist sloganeering, but my actual self was aghast. I couldn't believe these people were speaking literally (yep!) or whether they somehow discovered the elusive magic elixir that transformed police abolition into a viable policy proposal (nope!). I'm someone who was and remains a full supporter of BLM's policy proposals, and I even defended burning down a police precinct building in Minneapolis for fuck's sake, and yet I didn't join the defund chorus.

Still, there's a noticeable bend to some of my writing from that time where I consciously mirrored some of the language du jour --- such as making a bog standard argument against mass incarceration while aping abolition language, or responding to a DTP conversation by discussing police overcompensation. I haven't changed my mind about anything I wrote there, but nevertheless it's fair to accuse me of indirectly "sanewashing" the DTP issue. I took my boring, wonky arguments and adorned them with the faintest slogan perfume. This let me carry my hobbyhorses on the attention wave, but it also contributed to rehabilitating (however slightly) the totally crazy slogan position.

Now What?

I know it sounds crazy, but I think effective law enforcement is a vital component of any well-functioning society. Tons of cops are perfectly decent people who try to do the best they can at a difficult and unenviable job. There are bad people out there who can be prevented from doing bad things only when they are physically restrained with chains and metal bars. Unless we develop some revolutionary new technology or fundamentally modify the nature of man, this is the reality we're stuck with. I still firmly believe there are loads of improvements we can make to the policing and incarceration we have, but abolishing it all is a delusional idea untethered from reality. Radical stance, I know.

Regarding the anarchist responses to the topic, the only coherent proposals I've ever encountered are from David Friedman and others on the anarcho-capitalist side (a variant thoroughly detested by left-wing anarchist thinkers who think it's an affront even to consider it "real" anarchism). Friedman's response is essentially a cyberpunk future with competing private companies offering insurance, security, and arbitration in one package. Friedman's proposal is unusually thoughtful and coherent (the bar is low) and yet still remains largely a thought exercise reliant on some generous game theory assumptions. Who knows if it will or can ever work.

In terms of lessons learned, I should first note that introspection of this kind, spanning across such a long time period, will have significant blind spots and would be particularly prone to flattering revisionism. The most obvious mistake I made was in burying those unnerving moments of doubt. Instead of running toward the fire to put it out, I did my best to tell myself there was no fire. I had already arrived at a conclusion in my mind and worked backward to find its support, and I suppressed how little I could actually find. Whether intentionally or not, I fabricated comforting explanations for why my position was right even though I couldn't directly defend it, often citing evidence that was more aspiration than reality. My ideological isolation kept me safe from almost all pushback anyways. And magnifying all of this were the social dynamics that rewarded me for keeping the horse blinders on.

I'm likely overlooking other factors of course, and there's the ever-present, gnawing worry that haunts me, whispering that I might be fundamentally mistaken about something else. Maybe I am, but hopefully I'll be better equipped to unearth it.


[1] This isn't really on point or even about crime, but to give just one example of the "vibe" I encountered from left-wing anarchists, Voltairine de Cleyre in one of her essays makes a very Kulak-esque argument about how to best guarantee freedom of speech:

Anarchism says, Make no laws whatever concerning speech, and speech will be free; so soon as you make a declaration on paper that speech shall be free, you will have a hundred lawyers proving that "freedom does not mean abuse, nor liberty license"; and they will define and define freedom out of existence. Let the guarantee of free speech be in every man's determination to use it, and we shall have no need of paper declarations.

Whatever the outward facade, my position was crumbling behind it. Almost seven years ago I started working as a public defender and was inundated with hundreds of hours of police encounter footage that were completely uneventful; if anyone, it was usually my client who acted like an idiot. I've seen bodycam footage that starts with officers dropping their lunch in the precinct breakroom in order to full-on sprint toward a "shots fired" dispatch call. I've seen dipshits like the woman who attempted to flee a traffic stop while the trooper was desperately reaching for the ignition with his legs dangling out of the open car door. Despite this, the trooper treated her with impeccable professionalism once the situation was stabilized.

I really think people like your former self who have a bit of a cop problem could really stand to do a few ride-alongs and watch a few dozen hours of police footage. As you say, it's really illuminating. American police are overwhelmingly incredibly well-trained, professional, and cordial, even when dealing with jaw-droppingly disrespectful citizens.

Indeed, it's always astonished me just how ill-informed and prejudiced so many otherwise intelligent people seem to be about police. I suspect it's for a few reasons:

  1. Ideological expedience. The Left is primed to hate police because of the race angle, and libertarians are primed to hate police because of a general distrust of state power. Both of these groups are very disproportionately likely to be in a position to influence public perceptions (e.g., academia, journalism, opinion magazines, blogs, etc.)
  2. The availability heuristic. People see the most egregious police abuses/mistakes and have no sense of how astronomically rare those events are. For every iffy police shooting that crosses your radar, tens of thousands of police interactions occur without any violence transpiring whatsoever. The occasional douchebag officer encounter makes the rounds on social media, but the vast majority of officer encounters that are professional and courteous - even in the face of obscenely disrespectful and obnoxious civilians - never get shared.
  3. Osmosis from the general anti-police zeitgeist. Even without ideological bias, it's easy to find oneself assuming that there's a problem if so many people seem to think there is.
  4. Lacking domain-specific knowledge. If you don't understand that police don't have quotas, or that civil asset forfeitures aren't as simple as police being bandits, or that qualified immunity only applies to civil lawsuits and doesn't permit police to engage in criminal acts without being prosecutable, or that police don't "investigate themselves" for wrongdoing, or that they do indeed get more training than hairstylists... well, then you simply don't know. And combined with some of the other numbered items on this list, it's easy for people to lazily round these things off to "yeah, I guess they are probably just rotten about this and that thing".
    • On a related note: most jobs aren't exposed to the public like policing is (and not heightened in exposure for reasons of #1 and #7). Programmers, lab analysts, manufacturers, logisticians, consultants, actuaries, etc., etc. aren't jobs people are in any position to notice or think about or care about. I suspect most people would have similar groan-worthy misunderstandings about most jobs if those jobs were similarly criticized by clueless (and/or dishonest) ideologically motivated actors and trotted out for viral outrage bait.
  5. The sort of people who hang out in the greater rationalist sphere or in highbrow publications probably know fewer police officers in their personal lives and so have few opportunities to ask basic questions, correct misunderstandings, or even just harbor a modicum of charity (especially given the class difference between them and police officers).
  6. Relying on faulty intuitions about how policing ought to be done, especially the use of force. Violence is actually not something most people understand very well. For example:
    • People don't seem to understand that the presence of a gun on an officer's hip completely changes the dynamic of a physical altercation between an officer and a citizen - the officer must interpret active resistance as ultimately a fight for the officer's gun. And the officer absolutely cannot afford to lose that fight, ever.
    • Your hands justifiably scare the shit out of a police officer, because your hands are what is going to kill him. Fishing around for something in your car or your pockets is a potentially life-threatening situation for the officer, and you're doing yourself no favors by raising his alarm like that.
    • An unarmed person does not mean a non-dangerous person. See bullet point #1 above. Also, cars are deadly weapons.
    • Tasers are not a substitute for shooting. Where deadly force is justified, a taser is never an appropriate tool (unless there are other officers providing lethal cover). They are simply not reliable enough.
    • The use of stern language and/or sudden violent physical control (e.g., grappling, tackling) is de-escalation. Failure to rapidly put a belligerent person into handcuffs only increases the likelihood that that that person will obtain a weapon or get into a vehicle and cause further harm to themselves, officers, or others.
    • There is no such thing a shooting someone's legs. First of all, leg shots are often fatal anyway because of the femoral artery. But more importantly, if a situation justifies deadly force, it is imperative to maximize likelihood of neutralizing the threat. That means rapidly putting shots center-mass until the threat ceases.
  7. It is just kinda seen as "cool" and "righteous" to try to notice and stand up to supposed abuses of power. There's no esteem to be had in being perceived as a bootlicker.

Anyway, it truly did make my day to hear that how you (and @Amadan) changed your minds about policing. There are few topics that makes me despair quite like the topic of policing when I see it come up in spaces like this.

that civil asset forfeitures aren't as simple as police being bandits

Civili asset forfeitures are hard enough to contest, and have few enough checks and balances, that they provide huge incentives for the police to become bandits, even though there can be legitimate civil forfeitures. Don't mistake "isn't written to be X" for "isn't in practice X", especially when incentives rear their heads.

or that qualified immunity only applies to civil lawsuits and doesn't permit police to engage in criminal acts without being prosecutable,

Prosecuting the police depends on prosecuting them by a system that is sympathetic to the police, leaving civil suits as the only way to get justice. If you can find prominent examples of qualified immunity abuse where the police actually received serious criminal punishment, I'd like to see them.

* Qualified immunity abuse: examples where most people would say "it's blatantly obvious that police aren't supposed to do that".

Relying on faulty intuitions about how policing ought to be done, especially the use of force. Violence is actually not something most people understand very well.

A lot of what you describe might reduce the danger to the police from guilty suspects, while increasing the danger to innocent suspects. It's not as if innocent people are trained in the proper ways to make themselves look non-dangerous to police.

It's not as if innocent people are trained in the proper ways to make themselves look non-dangerous to police.

The cops and their apologists give out such advice all the time. Most of it is humiliating, because what makes you look non-dangerous to police is an abject display of submission. Some of it is actively dangerous legally because it involves answering their questions.

Most of it is humiliating, because what makes you look non-dangerous to police is an abject display of submission.

Can you elaborate on this? Generally, police just want you to:

  1. Keep your hands visible. Is keeping your hands casually at your sides humiliating?
  2. Don't, without being instructed, reach for anything or walk to an enclosed location (e.g., into your car or home, within which might be a weapon).
  3. I guess, uh, don't say that you're going to kill them? I don't know, I'm having trouble finding a #3, honestly.

Is standing/sitting there with your hands casually at your sides (or on your steering wheel) until the conclusion of the interaction so humiliating?

For the very small proportion of encounters with police that involve the officers' guns drawn, they may ask you to walk backwards and get down on your knees or get flat on the ground with your hands out to the sides. Do you consider that humiliating? This is done to minimize the subjects' ability to put up effective resistance. It's to decrease the likelihood that they have to fucking shoot you! I'm terribly sorry if you feel like you're playing the hokey-pokey for that brief moment that the vast majority of the population will never even encounter in their entire lifetime.

get down on your knees or get flat on the ground with your hands out to the sides. Do you consider that humiliating? This is done to minimize the subjects' ability to put up effective resistance. It's to decrease the likelihood that they have to fucking shoot you!

I never have been in such a situation, but I imagine that I would in fact find it quite humiliating to be forced to kneel or prostrate myself in front of my assailants. The fact that they are (presumably) insisting on it to assuage their own fears wouldn't really factor into my emotional reaction.