That is Enough Punishment: Situating Defunding the Police Within Antiracist Sentencing Reform

Authors

Jalila Jefferson-Bullock
Jelani Jefferson Exum, St. John's University School of LawFollow

Document Type

Article

Publication Title

Fordham Urban Law Journal

Publication Date

2021

Volume

48

First Page

625

Abstract

(Excerpt)

During the summer of 2020, the police killings of George Floyd, Breonna Taylor, and others created a movement that unearthed a reality that Black people in the United States have always been aware of: systemic racism, in the form of police brutality, is alive and well. While the blatant brutality of George Floyd’s murder at the hands of police is the flame, the spark was ignited long ago. One need only review the record of recent years — the killings of Eric Garner, Michael Brown, Tamir Rice, Antwon Rose, Alton Sterling, Philando Castile, Breonna Taylor, and countless other souls have led to this particular season of widespread protests and organized demands for change. This is a historical moment of tremendous civil unrest, deemed by many as a revived Civil Rights Movement.

While various reform-seeking legislative measures have been in process for the past several years, this particular moment is different and calls for a different response. Protests and demonstrations erupted on stages large and small, drawing attention to social justice issues. From schools to small businesses to large corporations, institutions across the country issued statements pledging themselves and their finances to antiracism work. As the focus turns from necessary protest to tangible progress, what remains unanswered is how best to proceed. Professor Ibram X. Kendi described antiracism as “a radical choice in the face of this history, requiring a radical reorientation of our consciousness.” One such “radical choice” is defunding the police.

Police defunding can follow many models, but two have emerged most prominently among activists and scholars. Under one, jurisdictions completely disband entire police departments, offering leaders the opportunity to begin afresh and draft community-led public safety prototypes that do not include police at all. Under the other, police departments’ coffers are divested, to varying degrees, and funds are reallocated to various social services to reduce, but not wholly eliminate, police contact with the community. While different, these models have been described as analogous, as both seek to shift sole responsibility for public safety away from police departments.

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Available at: https://ir.lawnet.fordham.edu/ulj/vol48/iss3/1/