Policy Issue and Solution Draft 1
Responding to Protests and Riots
Stephen Olesky
Liberty University
CJUS 601
Policy Issue and Solution Draft 2
Abstract
Protesting and rioting have become second nature across the world for people to come together
for change. When protestors get out of control and resort to violence, the police must step in to
prevent damage to individuals and property alike. This paper will delve into the issues when it
comes to peacefully protesting and when it changes into rioting and the aspects police use for
each. Police must step in; however, there is a fine line between violating the constitutional rights
of individuals and stopping a riot about to happen. Current criticisms towards police must not
hamper the efforts police attempt to achieve every single shift. Transparency, police-community
relationships, and de-escalation of force techniques must still be used even when the police know
some of the community’s perceived antipathy towards police. Most think about the relationship
between law enforcement and the community the serve; however, there are more factors to think
about when it comes to protests and riots. Law enforcement need to have enough resources on
hand to stop protests from turning violent and they do turn violent, they need extra resources to
stop the riots before they burn the city down and blame the police.
Keywords: Antipathy, de-escalation, constitutional rights
Policy Issue and Solution Draft 3
Introduction
Protesting is protected by the first amendment which allows individuals to have the free
exercise of freedom of speech and the right to peaceably assemble. The one word people forget
to use when protesting is peaceable. When protesting turns violent, it is no longer a protest but
rather a riot when people refuse to disperse. While protesting, it is normal to have a greater
amount of law enforcement in the area not only to be ready if anything were to get out of hand
but rather to protect the first amendment rights of those protestors against anti-protestors looking
to inflict harm. While protesting is a protected right, it does not grant them the ability to march
down the street and impede traffic. It does not give them the right to cause damage to a private
or public property just because a sign, symbol, or statue does not fit their agenda anymore.
When protesting gets out of hand, the police respond. At first, office presence may be
enough to stop people from committing crimes; however, when enough people with the same
mentality to cause damage comes around, they do not care about breaking laws. This is that
turns peaceful protesting against the first amendment. Police need to the full range of resources
for different types of situations and approaches.
Significance to Properly Responding to Protests and Riots
A proper response to a protest, by law enforcement, may stop riots from occurring.
However, as stated before, when a group of like-minded individuals gets together to cause harm
and destruction, no amount of peaceful protesting will stop them. This is when the police need to
use coercive authority and, according to Marier & Moule (2018, para. 16), “the entire
justification for law enforcement relies on this coercive authority: their primary function is to
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immediately resolve situations that citizens have been unable to resolve peacefully on their own,
and only coercive authority (whether exercised or not) ensures the immediate neutralization of
real or potential opposition.” Although a department may have certain policies when it comes to
arresting protestors, some officers resort to physical force to resolve issues instead of talking to
people first. Of course, talking to people does not always work as not everyone is a reasonable
human being; physical force should only be used as a means of last resort as the remainder of the
crown does not understand that if someone is breaking a law and an officer asks them repeatedly
to stop and they do not, they will be arrested. When that decision is made that they are under
arrest, people cannot make the decision for the officers to un-arrest that person and help them
escape.
So, how can law enforcement agencies prevent protests from turning into riots?
According to Sullivan (2016, para. 2), “prevailing views correspond to a relatively simple
sequence of events. Episodically, dissidents are able to overcome the internal barriers to
collective action and engage in overt collective challenges, such as protests, strikes, riots, or
armed attacks.” Sometimes repression is used to physically stop the act of violent individuals.
In theory, this sounds like the best way to stop the violence; however, not everyone sees it that
way which could lead to more problems for law enforcement. “Although useful in many ways,
there are important limitations to this view. For example, while it is often suggested that a key
reason challenges are not observed in a particular situation is because expectations of repression
prevent dissidents from organizing, the existing theory provides few details on how governments
might anticipate the development of overt collective challenges or how they attempt to
undermine this behavior” (Sullivan 2016, para. 3). While applying repression during rioting may
be suitable to protect individuals and property from harm, it is not a good way to respond to
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peaceful protesting. Protestors should be observed and allowed to express their first amendment
right; however, law enforcement needs to be prepared when or if it gets out of hand, thus,
resorting to repression techniques.
Some other significant issues when it comes to responding to protests and riots are the
mental health aspects for law enforcement and community members alike. During the Ferguson,
Missouri riots in 2014, according to Galovski et al. (2016, para. 1) “community members and
law enforcement were exposed to burning buildings, lootings, gunfire, attacks with weapons
(Molotov cocktails, rocks, bricks, bottles filled with urine), and verbal threats to self and family
from a subset of protesters. In certain situations, the police force responded to violence and
threats with smoke bombs and tear gas. Violence flared again in November 2014 after the
reading of the grand jury decision not to indict Officer Wilson. Extensive national and
international media coverage captured burning buildings, lootings, and gunfire by some
protesters, as well as actions taken by the police to disperse crowds, including the use of smoke
bombs and tear gas.”
During these riots, people spoke upon the healing process between the community and
law enforcement. When the police respond to aggravated and simple assaults on law
enforcement and terroristic threats against them and their families there will naturally be a
response of smoke bombs and tear gas to stop the large crowds from assaulting, looting, arson
and shooting by the rioters. Even though the police must respond, these types of tactics will
strain the relationship between the community and law enforcement even more. The community
said they want to heal; however, they want the police to take the lead on starting the healing
process, but how can they forget the crimes committed against them and the community they
serve? It takes time; however, they will never forget. The police have a difficult time when it
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comes to changing a community. First off, when the police try to implement change for the
better, no matter how reasonable the request is, some people will see that as a violation of the
rights and will refuse to change. Community violence is more prevalent today which the
community forgets about. They would rather focus on the police being the problem instead of
the community being the problem.
Other issues and problems associated with riots are they people do not believe that the
police should have military-grade equipment. People mistake rioting with peacekeeping and I
believe when a jurisdiction's role as peacekeepers is in effect, military equipment is not
applicable. However, when a serious situation happens when more force is needed to stop a
threat, military-style techniques and equipment should be available to use. Police lives should
not be sacrificed because a handful of people do not like military-style weapons, armor, and
clothing. Sometimes, soft body armor, handguns, shotguns, and rifles are not enough to stop a
threat. This is when specialized equipment is utilized to stop the said threat. According to
Lieblich & Shinar (2018), “police militarization implies a presumption of threat because it
exhibits two salient characteristics. First, it is primarily preventive rather than strictly reactive:
deployment of militarized police reflects the anticipation of the extreme violence of the type that
could require a forcible response. Second, it is collective: since it is not (always) aimed at
specific individuals, it tends to rely on collective assumptions of the potential for violence. When
militarization becomes normalized, the presumption of the threat becomes normalized as well.
This capacity for normalization is enhanced when it is specifically police that becomes
militarized, since police-contra the military-are elements of the normal, rather than the
exceptional, legal order.” Again some military-style equipment is essential to stop a threat
against the public and police as it is the responsibility of the police to keep the community they
Policy Issue and Solution Draft 7
serve safe. Once the threat is eliminated and all secondary protocols are met, the police go back
to their usually overly hot polyester uniforms and back destroying duty belts.
Some larger cities may have full-time riot squads due to the number of protests that get
out of hand. According to White (2017, para. 1), “the use of force, strategic arrests, and
protection of business interests can be seen across local protests, as well as larger international
events. It is argued that the shift towards paramilitary policing is having profound impacts on the
policing of protests at all levels. The Public Order and Riot Squad do not just target the risk that
it was designed to combat (extreme riots) and the risk which is often thought to be its
justification (counter-terrorism).” While these large cities may use full-time riot squads, they are
not only used to rioting. They can be used in conjunction with political events where they are on
standby in case of unruly members. It’s always good having a plan beforehand and to have
officers on stand-by instead of calling people from home and hoping they show up.
Some people believe that police are trying to stop protests from happening and violating
people’s first amendment rights. However, this is not the case and if a group of people get out of
hand and start causing damage to local businesses, then they need to be stopped. If the people
who were there to protest only and not to cause damage were only there to protest, then they
would leave once people started to break laws. A riot squad is needed not because only one or
two individuals decide to cause damage but because large groups of people are hard to control by
patrol officers alone. Training in riots is a very important aspect the police can utilize. In an era
where everyone wants more police reform and transparency, they should be happy that the police
are training to protect their community from damage.
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Approach of other Agencies
Peaceful protesting can usually be handled by the law enforcement agency responsible
for the jurisdiction where the protesting is occurring. As stated before, observation is determined
to be the best when it comes to protestors. However, when protesting turns violent and out of
control is when the use of outside agencies is applicable depending on the number of people.
With smaller people rioting, the jurisdictions agency may be able to handle the group of people
by themselves. Although, not every police agency has hundreds of employed officers on standby
if something were to occur. Smaller agencies may need to rely on the resources of outside
agencies to stop the looting, assaults, arson, and other crimes from occurring. When outside
agencies are called upon to help, that does not mean it gives them free rein to inflict any amount
of force they want on rioters.
According to Gaffney et al. (2020, para. 2), “numerous videos document law enforcement
officers' indiscriminate use of chemical irritants and kinetic impact projectiles (KIPs); striking
peaceful protesters, and even journalists, with batons, fists, and vehicles; and corralling crowds
in confined areas, making physical distancing impossible.” Gaffney et al. (2020) are a great
example of why investigations need to be held for accusations of abuse of the use of force.
While looking at videos of people throwing items at police, impeding traffic, causing arson,
committing assaults, and other crimes, these are not peaceful protestors. This is an example of
the ignorance the media has. They see a video and twist their wording into published articles,
none the less seven paragraphs, which reference four authors. There was no research done on
why the police were using force. There was no research done as to why the police had to
respond the way they did; these types of people are already biased and contribute to the media
painting a bad picture of law enforcement. When there are large crowds of people committing
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crimes, some people who were there originally to peacefully protect get caught in the crossfire so
to speak. These people need to understand their surroundings and if they were truly there to
peacefully protest, they would leave the area. Standing around while others riot around you can
still lead you to harm. The intelligent person would leave the area as to not accidentally be
targeted by police as a rioter.
Applicable Laws
Most states have their own laws relating to rioting. These state laws apply to individuals
present in the state while committing the criminal act and federal law is more limited. Federal
jurisdiction with rioting occurs when the rioter is engaging in rioting and is traveling between
states and/or countries to do so. “A riot is a type of civil disorder that results in a public
disturbance against authority, property, or people. Riots typically involve violence or the
destruction of property, though the term is also used in connection with "unlawful assembly."
Although citizens have the right to free speech and assembly found in the First Amendment to
the Constitution, cities can regulate the right to demonstrate by requiring permits or limiting
demonstrations to a designated area. As such, demonstrations that lack the proper permits, or
run outside of pre-designated areas may be deemed a riot, or the related offense of unlawful
assembly, which typically involves peaceful but unpermitted demonstrations” (Pantekoek 2020,
para. 3).
Inciting a riot is defined as when a person encourages others to commit a breach of peace.
This does not have to include the person inciting. Conspiracy to riot is when one or more people
plan to breach the peace beforehand; however, this is more difficult to prosecute. Punishments
include fines, imprisonment for up to five years and/or both. This goes for federal crimes.
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Before protesting, it is a good idea to research your state's laws. Freedom of speech is a great
freedom Americans can enjoy; however, when protesting turns into rioting, the police need to put
an end to it before it gets out of hand.
Solution
A good solution is to have a concrete policy in place. Or so many people think. Protests
may be an easy thing to keep an eye on as most people just like to yell and scream their opinions
for change. However, when screaming and opinions turn to violence, policies in place may not
be the best way to handle the situation. Rioting people is not a linear problem. One cannot
predict what the rioters are going to do on any given day or where they will go. Sometimes, we
can assume they will be somewhere to riot such as a statue or monument these people have
decided must be thrown into the river. We can then allocate resources, beforehand, to those areas
to stop the rioters from damaging property.
Standby Approach
The standby approach is one where the entire jurisdictions agency is put on notice that if
riots were to happen then they could be called out at any given time with or without notice.
Usually, the departmental head will unapproved all vacation and leave at this time as well. Some
additional officers may be called in; however, stay out of the site of the protestors in order to
prevent them from getting the notion that the police are trying to suppress their freedom of
speech. If the protests remain peaceful for a period of time, some officers may be taken off of
standby.
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Partial Implementation of Resources
Partial implementation of resources may be used when a large group of protestors is
showing signs of getting out of hand. This does not mean that the police will stop them from
protesting; however, more personnel will be staged in the area preparing for the worst, such as
rioting. Some larger agencies have outfitted their officers with body-worn cameras. This is a
great way to obtain evidence at a protest that has turned for the worst. Mostly, the public will not
believe the word of the police when they say they had to intervene with a protest because it got
out of hand. Body-worn cameras can show how exactly the protest has gotten out of hand.
According to Pelfrey Jr. & Keener (2016, para. 4), “BWC (Body Worn Cameras) are increasingly
being viewed as a best practice among law enforcement as they can help improve interactions
among civilians and officers. They also have the ability to reduce the number of complaint-
generating events, increase transparency, foster positive views of police legitimacy, and provide
details about what police behaviors lead to negative or positive outcomes with citizens.”
While not all agencies can afford to outfit all of their officers with body cameras due to
the cost of the cameras themselves and the cost of the servers to house thousands of hours of
footage. Some officers should still have body cameras such as sergeants and as many officers
who are assigned to a protest. This footage can then be reviewed by the administrative staff to
make better decisions on whether or not to increase or decrease the number of resources they
need to use. Furthermore, they can use this footage for transparency to show civilians how the
protests are getting out of hand, not that they would believe the footage anyway. Again, this
footage is evidence that can be used to identify people who are masked who cause damage to
property or other people.
Full Implementation of Resources
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A full complement of resources means that the riots have gotten out of hand and everyone
has been called in to try and protect the city. Some agencies have taken advantage of the military
surplus equipment which allows them to better protect them as well as citizens. According to
Johnson and Hansen (2016, para. 2, 3), “the police response to the protests in Ferguson, Missouri
refocused attention on law enforcement agencies’ participation in the military surplus equipment
program, or 1,033 Program. Given the extensive media coverage, particularly regarding the
acquisition of military vehicles and weapons, it is important to empirically investigate the 1,033
Program.” This program allowed law enforcement to prepare for civil unrest while the media
painted a different picture or buying high powered machine guns much as .50 browning machine
guns and armored tanks. This was not the case. “Law enforcement agencies do not appear to
acquire military vehicles and weapons to the extent that has been dramatized by the media”
(Johnson and Hansen (2016, para. 5).
The purchasing of this equipment does not only aid law enforcement in rioting situation
but active shooter situations as well. Something mainstream media has forgotten about and
changed focus to race instead of protecting citizens. According to Johnson and Hansen (2016,
para. 12), “these events also marked a change in police tactics for dealing with mass violence
incidents that further solidified their affinity for military weapons and tactics. For example,
before incidents such as the Columbine murders, police response to armed suspects focused on
containing the scene, isolating the suspect(s), and talking them into surrender. However, the
enhanced violence and weaponry levels possessed by shooters in mass killings dictated law
enforcement officers cannot wait but must immediately respond with superior tactics, weapons,
and body armor to minimize the number of deaths.”
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Departmental Impact
Working with the local community members can help the police department and
community better understand how each other need to change. However, just because the
community and police departments have a good relationship, does not mean outsiders will come
in to cause chaos which is often seen with riots. According to Olson (2012, para. 16),
“community policing is framed around the building and sustaining strong relationships.
Relationships must be developed in advance of any crisis and are well worth the time, effort, and
energy. Attending regular meetings and luncheons with your local law enforcement community,
various community stakeholders, government officials, and campus administrators will pay
dividends and provide you with a handsome return on your investment. These are relationships
and trust that you need to establish for later down the road when things get a little bumpy.”
Stakeholder Impact
Stakeholders, or community members, are an important aspect when it comes to protests
and rioting. Leaders should be able to listen to community members, especially when they are
protesting and act on the issued that need addressed. On the other hand, leaders need to
understand when to draw the line when protests turn into rioting and need to restore public order.
This is the time to act, not to listen, and to put your procedures in place. During this time crimes
will begin to rise and it is as important as ever to collect data on the types of crimes occurring.
According to Mosher et al. (2011, pg. 93), “police reports are often considered to be the best
official measure of the nature and extent of crime.”
Budget Impact
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The budget impact can be great depending on the size of the department with budgets
varying wildly. Furthermore, larger departments with bigger budgets can apply for a grant to
help with some of the sending. Smaller departments have this ability as well; however, it is
difficult when they have to compete with larger departments. According to Johnson and Hansen
(2016, para. 28), “the federal government’s emphasis on state and local agency participation in
homeland security activities has strained the budgets of small agencies to engage in these
activities. Therefore, participation in the 1,033 Program is an attractive option for obtaining
expensive equipment.”
Conclusion
Peacefully protesting is protected by the first amendment; however, when people forget
about the part where it says ‘peacefully’ they confuse easily. Just because a group of people
disagrees with what is going on in the world or a particular jurisdiction does not mean they have
the right to cause damage to businesses, assault law enforcement, and destroy the town or city. A
good police department will have the ability to implement resources at different phases during a
protest or riot. These types of situations vary, which law enforcement is used to, and can go from
peace to rioting in an instant. This is why it is important for police departments to plan ahead for
such actions before they happen. While creating these plans, agencies should seek assistance
from neighboring agencies and research the best possible way to put a plan together. According
to Bachman & Schutt (2018, pg. 51), “a commitment to achieving results is the necessary
starting point for ethical research practice.”
While putting a plan together and successfully implementing that plan is important, so are
the factors after the riots have ended. According to Ni et al. (2020 para. 15), “depressive
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sequelae were the most frequently assessed outcome, recorded in a third of all studies, followed
by post-traumatic stress disorder (PTSD) and anxiety disorder/anxiety symptoms. Other
outcomes included psychiatric admissions and prescriptions, psychological distress, substance
abuse, and suicide.
Christian Worldview
Proverbs 31:9 (ESV) states “Open your mouth, judge righteously; defend the rights of the
poor and needy.” We as Christians should have our voices be heard when people are being
looked down upon. Without our voices, we cannot be heard and we must protect His word. A
leader with a Christian worldview will already have the ability and compassion to lead.
Furthermore, we will know that leader has the foundation needed to put a good plan together to
help the community to stand together. This type of leader will bring the community together to
work as a team as brothers and sisters instead of against one another and according to Beyerlein
et al. (2015, pg. 1265), “to date, scholarly work on differential policing has not examined the role
of religion, nor has protest policing been a central area of inquiry in the literature on religion and
social movements. But this article shows there is much to be gained by bringing religion to bear
on explanations of why certain protests, but not others, are policed.” Lastly, more work needs to
be done on how a Christian worldview affects the law enforcement community.
References
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Bachman, R., & Schutt, R. K. (2018). Fundamentals of research in criminology and
criminal justice. Los Angeles, CA: SAGE.
Beyerlein, K., Soule, S. A., & Martin, N. (2015). Prayers, protest, and police: How religion
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Gaffney, A. W., McCormick, D., Woolhandler, S., & Himmelstein, D. U. (2020). US law
enforcement crowd control tactics at anti-racism protests: A public health threat. The
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Galovski, T. E., Peterson, Z. D., Beagley, M. C., Strasshofer, D. R., Held, P., & Fletcher, T. D.
(2016). Exposure to violence during Ferguson protests: Mental health effects for law
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