State violence

State violence is the use of force, intimidation, or oppression by a government or ruling body against the citizens within the jurisdiction of said state. This can be seen in a variety of forms, including military violence, settler colonialism, surveillance, immigration law, and other tactics used to express authority over a certain group.^[1]^[2] State violence can happen through law enforcement or military force, as well as through other branches of government and bureaucracy. State violence is typically justified under the pretense of maintaining law and order, or protecting borders. State violence can include prolonged conditions imposed on individuals that are upheld, unaddressed, or furthered by the state. For example, structural violence that lead to Flint, Michigan having lead-contaminated water may be considered state violence.^[3] U.S immigration laws are an additional example of structural violence.

Immigration policy

The effects of US immigration enforcement policies create difficulties for transnational families. The immigration policies also create a state of anxiety within immigrant communities.^[4] Individuals with familial ties and long-term residency in the US are forced to leave the country. Additionally, immigration policing policies are intended to capture criminals, yet they do not always target serious offenders. Many immigrants are arrested without warrants by local police, often due to status violations or minor traffic violations.^[4] Harm caused by immigration policies necessarily includes involvement of the state. The nature of the states involvement in structural violence is being critically evaluated.^[5]

Violence through policy

The passing of the Patriot Act (2001) and the subsequent formation of the Department of Homeland Security expanded the definition (status) of individuals deemed worthy for detention.^[4] Policymakers enact laws that reduce individuals to a status.^{[clarification needed]} The fear of family separation due to legal status causes ongoing stress for undocumented people, regardless of how long they have lived with their families.^[6]

Judicial violence and policing

The involvement of the state in law enforcement is frequently linked to the perpetration of violent behaviors, both on a systemic and personal level.^[3] Instances of such behaviors can range from the application of police force by officers, to extended periods of pretrial detention, excessively long prison sentences, and insufficient care provided to those who are incarcerated. These concerns tend to have a greater impact on communities of color.^[3] The policies implemented by law enforcement agencies, and the resulting imprisonment, can have a significant impact on various aspects of one's life^[7]

Mass incarceration

The United States' high rate of imprisonment represents a form of structural violence that disproportionately affects black Americans. Approximately 33% of black men in the U.S. have felony convictions which leads to disenfranchisement from the voting process.^[7] The more someone interacts with law enforcement, jail, and prison, the more they tend to believe that their place in society is predetermined. The consequences of continued imprisonment for them and other members of their community shape their views on the social structure.^[7]

Excessive use of force

The issue of excessive police violence is being critically examined as a public health concern.^[8] The location where excessive police violence occurs plays a significant role in policing. Police officers tend to use excessive force more frequently in low-income neighborhoods that are predominantly inhabited by people of color. Several factors influence the use of force, including gender, social status, and actual or perceived involvement in criminal activity.^[8]

Settler colonialism

Unlike colonialism, settler colonialism seeks to claim land that is already occupied by an indigenous group. Typically, settlers will establish settlements, displace the indigenous groups, and initiate governmental control over the region.^[9]^[10] During the 18th and 19th centuries, the United States advanced their settler colonial project with forced conversion, residential schools, and displacement of various indigenous communities.^[11] Residential schools, also referred to as boarding schools, were state funded and typically managed by churches. These schools took a central role in perpetrating state violence against the native population. While indigenous children were in these schools, they were discouraged from participating in their culture and were given Anglo names.^[11] The children were also subjected to abuse, exposed to illness, and isolated from their families. These practices were funded by the Indian Civilization Act Fund of March 3, 1819 and the Compulsory Indian Education Act approved by Congress in 1887.^[12]^[11]

Violence against indigenous women in the United States

Historically, native women's bodies have been destroyed to further the colonial project in the United States. Because of women's ability to reproduce, native women have been killed in an attempt to extinguish indigenous populations. This reproductive state violence is then continued into the 1970's when the state performed forced sterilizations on unknowing indigenous women.^[13]

State surveillance

Government surveillance is a tool used by government agencies to protect citizens from potential attacks from terrorists, extremists, or dissidents. Surveillance methods can include monitoring phone calls, video surveillance, or tracking internet usage. Although surveillance was designed to protect national security, it has the potential to perpetuate state violence.^[14]

While surveilling as an action is not inherently violent, it can encroach upon citizens' civil liberties and right to privacy. After the terrorist attacks on September 11, 2001, President George W. Bush signed the Patriot Act; this Act allowed for an expansion of surveillance by the government and law enforcement. In 2008, U.S. Congress passed the FISA Amendment Act that gave government agencies, such as the NSA, unfettered access to private communications of foreigners.^[15] Section 702 of the FISA Amendment Act allows for government agencies to collect information from private companies like AT&T, Google, and Facebook to target non- U.S. citizens. In some instances, this permission includes communications between a non-citizen and a U.S. citizen.^[16] The FBI has been known to use these databases to search for information on U.S. citizens in a process called “backdoor searches”.^[17] Although it is unclear who these searches have been used on, they could potentially be used to control populations, target activists, or profile minority groups. The misuse of surveillance to target civilians can amplify existing power imbalances and reinforce state violence.

References

^ Torres, M. Gabriela (2018), Treviño, A. Javier (ed.), "State Violence", The Cambridge Handbook of Social Problems, vol. 2, Cambridge: Cambridge University Press, pp. 381–398, doi:10.1017/9781108550710.023, ISBN 978-1-108-42617-6, retrieved 2024-02-18
^ Renzetti, Claire; Edleson, Jeffrey (2008). "State Violence". Encyclopedia of Interpersonal Violence. SAGE Publications, Inc. pp. 689–690.
^ ^a ^b ^c Butler, Paul (2022). "The Problem of State Violence". Daedalus. 151 (1): 22–37. doi:10.1162/daed_a_01885. ISSN 0011-5266. JSTOR 48638127.
^ ^a ^b ^c Hagan, Jacqueline Maria; Rodriguez, Nestor; Castro, Brianna (2011). "Social effects of mass deportations by the United States government, 2000–10". Ethnic and Racial Studies. 34 (8): 1374–1391. doi:10.1080/01419870.2011.575233. ISSN 0141-9870. S2CID 146754128.
^ Schmid, Lukas (2021-04-03). "Deportation, harms, and human rights". Ethics & Global Politics. 14 (2): 98–109. doi:10.1080/16544951.2021.1926083. hdl:1814/72119. ISSN 1654-4951.
^ Berger Cardoso, Jodi; Scott, Jennifer L.; Faulkner, Monica; Barros Lane, Liza (2018). "Parenting in the Context of Deportation Risk". Journal of Marriage and Family. 80 (2): 301–316. doi:10.1111/jomf.12463. ISSN 0022-2445.
^ ^a ^b ^c White, Ariel R. (2022-05-12). "Political Participation Amid Mass Incarceration". Annual Review of Political Science. 25 (1): 111–130. doi:10.1146/annurev-polisci-051120-014809. ISSN 1094-2939.
^ ^a ^b Cooper, Hannah L. F.; Fullilove, Mindy (2016). "Editorial: Excessive Police Violence as a Public Health Issue". Journal of Urban Health. 93 (S1): 1–7. doi:10.1007/s11524-016-0040-2. ISSN 1099-3460. PMC 4824695. PMID 26984303.
^ Native Studies Keywords. University of Arizona Press. 2015. doi:10.2307/j.ctt183gxzb.24. ISBN 978-0-8165-3150-9. JSTOR j.ctt183gxzb.
^ Ostler, Jeffrey; Shoemaker, Nancy (2019). "Settler Colonialism in Early American History: Introduction". The William and Mary Quarterly. 76 (3): 361–368. doi:10.5309/willmaryquar.76.3.0361. ISSN 1933-7698.
^ ^a ^b ^c "US Indian Boarding School History". The National Native American Boarding School Healing Coalition. Retrieved 2024-03-02.
^ Bowker, Kathie (November 2007). "The Boarding School Legacy: Ten Contemporary Lakota Women Tell Their Stories" (PDF).
^ Smith, Andrea; Ross, Luana (2004). "Introduction: Native Women and State Violence". Social Justice. 31 (4 (98)): 1–7. ISSN 1043-1578. JSTOR 29768269.
^ Richards, Neil M. (2013). "The Dangers of Surveillance". Harvard Law Review. 126 (7): 1934–1965. ISSN 0017-811X. JSTOR 23415062.
^ "NSA Surveillance". American Civil Liberties Union. Retrieved 2024-03-16.
^ "H.R.6304 - 110th Congress FISA Amendment".
^ Taitz, Sarah (2023-04-11). "Five Things to Know About NSA Mass Surveillance and the Coming Fight in Congress | ACLU". American Civil Liberties Union. Retrieved 2024-03-16.