Today, crime, especially that involving gun violence, is often regarded as a contagious disease. Among public health actors, the recognition inspires efforts directed at prevention and cure. Police, especially in poor, crime-plagued, racially segregated communities, also regard crime as a contagion. They, however, respond in a very different manner—with punishment and stigmatization. In so doing, they effectively engage in a form of “healthwashing” and create a new public health problem: themselves.
This Article surveys how what I term “contagion policing” manifests, identifies the many serious harms it causes, and offers a new policing model dedicated to achieving positive outcomes in both public safety and public health. To achieve change, both the mien and minds of police must be transformed—from the current warrior mentality to one where they see themselves, and they are seen as, guardians of both public health and public safety. A large literature demonstrates that preventive interventions produce significant decreases in crime and promote community well-being. These findings should be deployed to inform new policing tactics and strategies. With violent crime especially, intervention is needed—to hold individuals accountable, prevent future harm, and signal to the community that the behavior will not be tolerated. Police, in short, can be guardians of community health yet still invoke the coercive force of the state when circumstances require.
To ensure success of the model, a new way of assessing police effectiveness is needed. Police performance should no longer be measured solely in terms of crime control metrics but rather be tied to both improved public safety and public health outcomes. For instance, even if resorting to high-intensity arrests for minor offenses reduces crime to a degree, evaluation should take into account the significant harms the tactic causes individuals and the communities in which they live. Importantly, moreover, metrics of success should be informed by the views of community members and key stakeholders, such as clergy and businesses, who for too long have been excluded from the goals and practices of police.
Ultimately, public health and public safety must be seen as inseparably linked. Both are critically important public goods and positive outcomes for each should be the goal of policing.
* University Research Professor, Wake Forest University School of Law. Thanks to Susan Bandes, Nadia Banteka, Alyse Bertenthal, Bennett Capers, Andrew Ferguson, Rachel Harmon, Aziz Huq, Eisha Jain, David Logan, Christopher Slobogin, Ron Wright, and Bob Weisberg for their helpful comments.
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