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Date: April 29, 2024 Mon
Time: 8:47 pm
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Results for racial profiling in law enforcement
76 results foundAuthor: Ridgeway, Greg Title: Cincinnati Police Department Traffic Stops: Applying RAND's Framework to Analyze Racial Disparities Summary: In Cincinnati, a memorandum of agreement (MOA) between the city and the U.S. Department of Justice (DOJ), dated April 12, 2002, sought to remedy a pattern or practice of conduct by law-enforcement officers that deprives individuals of rights, privileges, or immunities secured by the U.S. Constitution or federal law. Separately in 2002, the City of Cincinnati and other parties (collectively, the parties) entered into a collaborative agreement in an attempt to resolve social conflict, improve community-police relations, reduce crime and disorder, and resolve pending individual and organizational legal claims about racially biased policing in Cincinnati. In July 2004, the city, on behalf of the parties of the collaborative agreement, hired the RAND Corporation to conduct evaluations over the course of five years to assist the parties with measuring progress toward the goals of the collaborative agreement. This monograph represents the final annual report, for the fifth year. While the evaluations in the previous years covered a large series of tasks, this evaluation focuses solely on three assessments of the traffic-stop data: (1) an assessment of whether there is a departmentwide pattern of bias against black drivers in the decision to stop a vehicle, (2) an assessment of the fraction of CPD officers who disproportionately stop black drivers compared to other officers patrolling the same neighborhoods at the same time, and (3) an assessment of racial biases in post-stop outcomes, including stop duration, citation rates, and search rate In assessing whether there is a department-wide pattern of bias against black drivers in the decision to stop a vehicle, we take an approach that is different from the traditional approaches to creating an external benchmarkall of which have some limitations; our approach gets around those limitations by taking advantage of a natural experiment involving daylight saving time (DST) that does not require explicit external estimates of the racial or ethnic distribution of those at risk of being stopped. More specifically, to assess bias in the decision to stop, we compare stops immediately before and immediately after changes to and from DST, when a similar mix of drivers and a similar allocation of police officers will be in effect and in which the only major difference will be in officers ability to see, because of the shift from daylight to darkness, the race of the drivers being stopped. From that assessment, we found the following, for 2008: Black drivers were less likely to be stopped during daylight, when drivers races are more visible, evidence that is counter to what we would expect if there were racial profiling. Aggregating six years of data, from 2003 to 2008, we find no evidence of racial profiling in officers decisions to stop drivers. In assessing whether there is racial bias in the decision to stop at the individual officer level, we use an internal-benchmarking approach that constructs a customized internal benchmark for each officer, comparing the racial distribution of suspects stopped by the officer in question with the racial distribution of suspects stopped by other officers at the same times and places and in the same contexts. This method selects an officer, identifies stops that other officers made at the same time and in the same neighborhood, and compares the racial distributions of the stopped drivers. Since the officers are patrolling the same areas at the same times, the racial distributions should be the same (assuming that the officers are on the same assignment). When we conduct the internal-benchmarking assessment, we find the following: Ten officers appear to be stopping significantly more black drivers than did other officers patrolling at the same times and places and in the same contexts. In assessing whether there is racial bias or disparities in what happens after the stopin the length of the stop, in the rates at which officers cite motorists, and in the way they conduct vehicle searcheswe use a method known as propensity-score weighting to identify stops involving nonblack drivers that are similarly situated to the stops involving black drivers and make post-stop comparisons between the two groups. Doing so allows us to account for a large number of factorssuch as neighborhood, place of residence, reason for stop, day and month of stop, time of day of stop, state of vehicle registration, validity of the drivers license, and number and age of occupants in vehiclethat can confound whether the differences we see in post-stop outcomes are actually the result of racial bias. When we conduct the propensity-score weighting analysis of poststop decisions, we find the following: Black drivers who were stopped were slightly more likely to have their stops exceed 10 minutes, compared to similarly situated nonblack drivers who were stopped. There was no racial difference in the percentage of stops lasting more than 30 minutes when comparing black drivers to similarly situated nonblack drivers. Black drivers were less likely to receive a citation than were similarly situated nonblack drivers. Officers were less likely to conduct a high-discretion search, such as a consent search, of a black driver than of a similarly situated nonblack driver. When searched, black and nonblack drivers were equally likely to be found in possession of contraband. If we do not limit the compared drivers to those in similar situations, we do find large differences. For example, officers more frequently search black drivers than nonblack drivers (13 percent versus 6 percent). While this disparity is largely due to differences in when, where, and why the stops occurred, these differences in experience can shape black drivers views of CPD officers. Conclusions and Implications Although we found no evidence of racial differences between the stops of black and those of similarly situated nonblack drivers, there are issues that can exacerbate the perception of racial bias. First, for each year of analysis, we find several officers who stop substantially more black drivers than their peers do. These represent a small fraction of CPD officers, and, as noted in the document, CPD has the capability to monitor, manage, and address issues that these officers may present to the department and the community. Second, although black and similarly situated nonblack drivers have similar stop outcomes, the burden of policing falls disproportionately on black residents, even though nonblack drivers have similar stop outcomes. There are still substantial gaps between how black and nonblack residents view CPD. As noted in last years RAND report (Ridgeway, Schell, Gifford, et al., 2009), the improvements that have been seen over the life of the collaborative agreement may be fragile. It will require a continued and concerted effort on the part of CPD and community leaders to maintain progress toward the goals stated in the collaborative agreement, as well as to prevent reversals in the positive trends that we observed while this agreement was in force. Details: Santa Monica, CA: RAND, 2009. 93p. Source: Internet Resource: Accessed April 17, 2018 at: https://www.rand.org/content/dam/rand/pubs/monographs/2009/RAND_MG914.pdf Year: 2009 Country: United States URL: https://www.rand.org/content/dam/rand/pubs/monographs/2009/RAND_MG914.pdf Shelf Number: 117100 Keywords: Police BehaviorPolice-Community RelationsRacial DisparitiesRacial Profiling in Law EnforcementTraffic Stops |
Author: Great Britain. Equality and Human Rights Commission Title: Stop and Think: A Critical Review of the Use of Stop and Search Powers in England and Wales Summary: This report reviews the disproportional impact of stop and search on black and Asian people in England and Wales. The figures are stark: if you are a black person, you are at least six times as likely to be stopped and searched by the police in England and Wales as a white person. If you are Asian, you are around twice as likely to be stopped and searched as a white person. Despite years of debate and several initiatives aimed at tackling the problem, these ratios have stayed stubbornly high. The majority of stops and searches in England and Wales are conducted under the Police and Criminal Evidence Act (PACE). We believe that the current police use of PACE stop and search powers may be unlawful, disproportionate, discriminatory and damaging to relations within and between communities. Details: London: Equality and Human Rights Commission, 2010. 110p. Source: http://webarchive.nationalarchives.gov.uk/20160221235622/http://www.equalityhumanrights.com/publication/stop-and-think-critical-review-use-stop-and-search-powers-england-and-wales Year: 2010 Country: United Kingdom URL: http://webarchive.nationalarchives.gov.uk/20160221235622/http://www.equalityhumanrights.com/publication/stop-and-think-critical-review-use-stop-and-search-powers-england-and-wales Shelf Number: 117804 Keywords: PoliceRacial DisparitiesRacial Profiling in Law EnforcementStop and Search |
Author: Angulo, Carlos T. Title: Wrong Then, Wrong Now: Racial Profiling Before and After September 11, 2001. Summary: This report compares the practice of traditional street-level racial profiling with the post-September profiling of Arabs, Muslims, and South Asians. It concludes that profiling is just as wrong now as it was before the war on terrorism began. Details: Wsahington, DC: Leadership Conference on Civil Rights Education Fund, 2002. 51p. Source: Year: 2002 Country: United States URL: Shelf Number: 116306 Keywords: Racial Profiling in Law Enforcement |
Author: American Civil Liberties Union. Rights Working Group Title: The Persistence of Racial and Ethnic Profiling in the Untied States: A Follow-up Report to the U.N. Committee on the Elimination of Racial Discrimination Summary: In the 21st century, despite the United Statesâ obligation to comply with the human rights standards and protections embodied in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the practice of racial profiling by members of law enforcement at the federal, state, and local levels remains a widespread and pervasive problem throughout the United States, impacting the lives of millions of people in African American, Asian, Latino, South Asian, Arab and Muslim communities. Data and anecdotal information from across the country reveal that racial minorities continue to be unfairly victimized when authorities investigate, stop, frisk, or search individuals based upon subjective identity-based characteristics rather than identifiable evidence of illegal activity. Victims continue to be racially or ethnically profiled while they work, drive, shop, pray, travel, and stand on the street. Details: New York: ACLU, 2009. 88p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 116252 Keywords: Human RightsMinorities, Civil RightsRacial DiscriminationRacial Profiling in Law Enforcement |
Author: Worden, Robert E. Title: Stops by Syracuse Police, 2006-2009 Summary: For the past decade, elected and appointed officials in many states and countless cities have expressed concerns about racially biased policing, or racial profiling. The central concern is that police use citizensâ race as the partial or complete basis for the discretionary application of their authority, particularly in making traffic stops, but also in making other stops and in poststop decisions as well (e.g., to conduct a search or frisk). Although attention to potential racial bias in policing dates historically to at least the 1960s, it was given renewed impetus and new focus by litigation in Maryland and New Jersey in the 1990s, which successfully claimed that state police targeted racial minorities for traffic stops. Contemporary concern has in many places taken the form of the collection and analysis of data on stops by police, as it has in Syracuse, where local legislation mandated data collection in 2001. Earlier this year, we volunteered to analyze the Syracuse Police Departmentâs data on stops. Here we report our results. First we describe the nature of the stops â the reasons for the stops, as officers recorded them, the spatial and temporal distributions of the stops (that is, where in the city they occur and at what times of the day), the characteristics of the people who are stopped (that is, their race, sex, and age), and for the most recent year, the assignments of the officers who made the stops (to the traffic division, Crime Reduction Teams, or other units). Then we present analysis that is designed to provide clues about whether the stops reflect a racial bias. This is of course the primary goal of any such analysis, but drawing inferences about the source(s) of any racial disparities from data of this kind confronts monumental analytic challenges. Such clues would, ideally, emerge from a comparison of the characteristics of the people stopped by the police with the characteristics of the people who could have been legitimately stopped by the police; any discrepancies between the former and the latter would suggest that police stops were influenced by factors other than the behavior of the citizens involved. Unfortunately, however, complete information on the latter population, which represents a suitable âbenchmark,â is practically impossible to come by; this is the benchmarking problem in analyses of racial bias in police stops. Details: Albany, NY: The John F. Finn Institute for Public Safety, Inc., 2010. 16p. Source: Internet Resource: Accessed April 26, 2011 at: http://finninstitute.org/wp-content/uploads/2010/11/Stops-by-Syracuse-Police.pdf Year: 2010 Country: United States URL: http://finninstitute.org/wp-content/uploads/2010/11/Stops-by-Syracuse-Police.pdf Shelf Number: 121502 Keywords: Police DiscretionRacial DiscriminationRacial Profiling in Law EnforcementTraffic Stops |
Author: Analysis Group Title: Pedestrian and Motor Vehicle Post-Stop Data Analysis Report Summary: Over the past several years, there has been a growing perception that law enforcement actions, nationally and within some communities in the City of Los Angeles, are based on racial stereotypes or racial profiling. Thus, the Los Angeles Police Department embarked upon a project of systematically collecting data on pedestrian and motor vehicle stops in order to establish a basis for better understanding police contacts and reviewing concerns and perceptions about potential racial profiling. The City decided to implement a detailed study of enforcement activities by LAPD officers after stops were made. This report provides a summary of the findings of this post-stop analysis. Details: Los Angeles: Analysis Group, Inc., 2006. 163p. Source: Internet Resource: Accessed July 7, 2011 at: http://www.analysisgroup.com/uploadedFiles/Publishing/Articles/LAPD_Data_Analysis_Report_07-5-06.pdf Year: 2006 Country: United States URL: http://www.analysisgroup.com/uploadedFiles/Publishing/Articles/LAPD_Data_Analysis_Report_07-5-06.pdf Shelf Number: 121997 Keywords: Police StatisticsRacial Profiling in Law EnforcementVehicle Stops (Los Angeles) |
Author: Harcourt, Bernard E. Title: Muslim Profiles Post 9/11: Is Racial Profiling an Effective Counterterrorist Measure and Does It Violate the Right to Be Free from Discrimination? Summary: Racial profiling as a defensive counterterrorism measure necessarily implicates a rights trade-off: if effective, racial profiling limits the right of young Muslim men to be free from discrimination in order to promote the security and well-being of others. Proponents of racial profiling argue that it is based on simple statistical fact and represents âjust smart law enforcement.â Opponents of racial profiling, like New York City police commissioner Raymond Kelly, say that it is dangerous and âjust nuts.â As a theoretical matter, both sides are partly right. Racial profiling in the context of counterterrorism measures may increase the detection of terrorist attacks in the short term, but create the possibility of dangerous substitutions in the long run. Defensive counterterrorism measures are notoriously tricky and can easily backfire. The installation of metal detectors in airports in 1973, for instance, produced a dramatic reduction in the number of airplane hijackings, but also resulted in a proportionally larger increase in bombings, assassinations, and hostage-taking incidents. Target hardening of U.S. embassies and missions abroad produced a transitory reduction in attacks on those sites, but an increase in assassinations. The evidence shows that some defensive counterterrorism measures do not work and others increase the likelihood of terrorist acts. As a practical matter, then, both sides are essentially wrong: racial profiling is neither âjustâ smart, nor âjustâ nuts. The truth is, we simply have no idea whether racial profiling would be an effective counterterrorism measure or would lead instead to more terrorist attacks. There is absolutely no empirical evidence on its effectiveness, nor any solid theoretical reason why it would be effective overall. As a result, there is no good reason to make the rights trade-off implicated by a policy of racial profiling in the counterterrorism context. Details: Chicago: The Law School, University of Chicago, 2006. 38p. Source: Internet Resource: JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 288 (2D SERIES): Accessed October 31, 2011 at: http://www.law.uchicago.edu/files/files/286.pdf Year: 2006 Country: United States URL: http://www.law.uchicago.edu/files/files/286.pdf Shelf Number: 116318 Keywords: CounterterrorismMuslimsRacial Discrimination in Law EnforcementRacial Profiling in Law Enforcement |
Author: Harcourt, Bernard E. Title: Henry Louis Gates and Racial Profiling: What's the Problem? Summary: A string of recent studies has documented significant racial disparities in police stops, searches, and arrests across the country. The issue of racial profiling, however, did not receive national attention until the arrest of Professor Henry Louis Gates, Jr., at his home in Cambridge. This raises three questions: First, did Sergeant Crowley engage in racial profiling when he arrested Professor Gates? Second, why does it take the wrongful arrest of a respected member of an elite community to focus the attention of the country? Third, why is racial profiling so pervasive in American policing? The answers to these questions are interconnected: they turn on the fact that racial profiling is just another form of statistical discrimination and that, today, we all embrace statistical discrimination as efficient and justified whenever there are group-based differences in behavior or fact disparities. We have all become, today, statistical discriminators. This answer, though, points to a solution in the racial profiling quandary, because statistical discrimination is misguided in dynamic situations where there are feedback effects. In policing, it is counter-productive to the law enforcement objective of reducing crime. Like Lani Guinier and Gerald Torresâs metaphor of the minerâs canary, the racial dimension of racial profiling is what troubles us in the arrest of Henry Louis Gates. But, just like the canary whose distress is a warning that the air in the mine is poisoned, the troubling aspect of race in the debate over racial profiling points to the larger problems of statistical discrimination writ large. Details: Chicago: Law School, University of Chicago, 2009. 31p. Source: Internet Resource: Paper Presented at the Malcolm Wiener Inequality & Social Policy Program, Harvard University, U of Chicago, Law & Economics, Olin Working Paper No. 482, U of Chicago, Public Law Working Paper No. 277: Accessed November 1, 2011 at: http://www.law.uchicago.edu/files/file/482-277-bh-Gates.pdf Year: 2009 Country: United States URL: http://www.law.uchicago.edu/files/file/482-277-bh-Gates.pdf Shelf Number: 123211 Keywords: Discrimination in Law EnforcementRacial ProfilingRacial Profiling in Law Enforcement |
Author: Rights Working Group Title: Reclaiming Our Rights: Reflections on Racial Profiling in a Post-9/11 America Summary: In the summer of 2001, racial justice advocates were in the midst of a flurry of exciting developments. After years of work by advocates to fight back against the racially discriminatory impact of the âwar on drugs,â the End Racial Profiling Act (ERPA) had been introduced in both houses of Congress. An August hearing in the Senate encouraged hopes for passage within the year. In the private sector, giant corporations Xerox and Microsoft were being sued for racial and gender discrimination, and Coca Cola had just reached, in 2000, a record $192 million settlement in a racial bias case brought by African American employees. The Third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance was held in early September in Durban, South Africa, to celebrate the end of apartheid and a new global commitment to fighting racial injustice. Then, on September 11th, the tragic attacks on the World Trade Center in New York and the Pentagon in Washington, D.C., changed the nation in a single day. The loss of human life was staggering â there were nearly 3,000 victims killed by the attacks including nationals of more than 70 countries of every race and religion. Not only did all of the passengers on the planes used in the attacks die, but thousands more were killed in the crash sites of the Twin Towers, the Pentagon, and the field in Pennsylvania, and hundreds of rescue workers, fire fighters and police officers also gave their lives. Many more residents and rescue workers became ill and some also died in the months and years after the attacks, as debris and dust from the collapsed buildings were proven to be toxic for nearly one year after the attacks. In addition to these terrible losses, another significant loss occurred â the loss of civil liberties and human rights protections for many communities in the U.S. In particular, the problem of racial and religious profiling expanded dramatically under a number of new or revised government policies and programs. The decision in 2001-2002 by the Bush Administration to detain men of Arab, South Asian, or Muslim backgrounds as suspects in the new âwar on terrorismâ resulted in the arbitrary detention of more than 1,200 individuals. It coincided with a dramatic increase in harassment of and hate crimes against people in those communities. The newly-created Department of Homeland Security (DHS) devoted new and expanded resources toward the detention and deportation of immigrants, increasingly encouraging local police to enforce federal immigration laws and raising concerns about the racial profiling of Latino communities. DHS also joined forces with the Federal Bureau of Investigation and other law enforcement agencies to dramatically expand surveillance and information-sharing activities through such initiatives as fusion centers and suspicious activity reporting. These activities have led to allegations of racial profiling of Arab, South Asian, Muslim, and Latino communities by federal agencies. Many state governments joined their federal counterparts in implementing racial profiling as a law enforcement technique. In 2007, the Los Angeles Police Department was forced to cancel a mapping program designed to identify potential extremists in Middle Eastern, Arab, and Muslim communities in Los Angeles after residents protested the plan. In the last two years, a number of states have claimed new authority to enforce federal immigration laws, enacting âpapers pleaseâ legislation and mandating that local police ask individuals about their immigration or citizenship status. The infamous law enacted in Arizona in 2010âSB 1070âhas now been copied and passed in Alabama, Georgia, Indiana, South Carolina, and Utah, with Pennsylvania holding legislative hearings on similar legislation. Ten years later, the Rights Working Group (RWG) coalition sees the anniversary of these events as a chance to pause and remember â to reflect on our losses since September 11th and to reclaim those rights lost in the aftermath of the attacks. This collection of essays, from public offi cials, policy advocates, grassroots organizers, law enforcement offi cials, and community leaders, shares personal reflections of the struggle to overcome the pervasive human rights problem of racial profiling. Their stories and suggestions are insightful views into the challenges of the work but also the signifi cance of the struggle. Congressman John Conyers, Jr., who first introduced ERPA in 2001, offers an introduction for this collection of essays, noting why the legislation is needed today more than ever. Karen K. Narasaki reminds us that racial profiling is not new, and that we must remember the historical lessons from World War II and the internment of Japanese Americans in order to avoid making the same errors of targeting a particular community out of fear. Laura W. Murphy shares her personal recollections of the encounters her African American family had with law enforcement, and how her experience drove her and others at the ACLU to promote ERPA as an important response to biased policing. Monami Maulik describes her work as a community organizer who was overwhelmed by the racial and religious profiling targeting her community after September 11th and the steps she took to fight back. Shahid Buttar notes that September 11th was used to justify new government powers of surveillance and information-sharing that have resulted in further racial profiling of Muslim, Arab, South Asian, and other immigrant communities. Nadia Tonova and Christian Ramirez discuss the pervasive use of racial profiling on the northern and southern borders of the United States, where border communities increasingly fear contact with both the police and Customs and Border Protection officers. Pramila Jayapal offers insight into the expansion of immigration enforcement programs that have led to racial profiling of Latino and other immigrant communities across the country, impacting community safety and residentsâ trust in the police. Former Police Chief Art Venegas highlights the importance of law enforcement officers taking steps to combat racial profiling within their own departments in order to be effective at promoting community safety. In the concluding essay, Senator Benjamin L. Cardin explains his commitment to reintroducing ERPA later this year, noting that racial profiling is not only an ineffective law enforcement technique but also a violation of our constitutional rights. Rights Working Group is grateful to all of them for contributing to this effort. In considering where we go next in the fight against racial profiling, Rights Working Group has provided a list of recommendations at the end of the report, including urging policymakers and community members to join the RWG Racial Profiling: Face the Truth campaign. Dr. Tracie Keesee has graciously contributed recommendations to law enforcement officers working to end racial profiling within their departments. Details: Washington, DC: Rights Working Group, 2011. 72p. Source: Internet Resource: Accessed November 19, 2011 at: http://www.rightsworkinggroup.org/sites/default/files/RWG_911AnnivReport_2011.pdf Year: 2011 Country: United States URL: http://www.rightsworkinggroup.org/sites/default/files/RWG_911AnnivReport_2011.pdf Shelf Number: 123406 Keywords: Bias in Law EnforcementHuman RightsImmigrantsRacial DiscriminationRacial Profiling (U.S.)Racial Profiling in Law EnforcementTerrorism |
Author: Rights Working Group Title: Faces of Racial Profiling: A Report from Communities Across America Summary: The Bill of Rights clearly states that everyone in the United States is entitled to equal treatment and equal protection under the law, that everyone should be free from unreasonable searches and seizures, and should be afforded a presumption of innocence. However, this is not the reality for millions of people in the United States who have been denied these rights â and many others â due to racial profiling. This report seeks to demonstrate the pervasive nature of this nationwide problem, document its impact on individuals, families and communities across the country, and propose recommendations to end this harmful and ineffective practice. Details: Washington, DC: Rights Working Group, 2010. 90p. Source: Internet Resource: Accessed November 22, 2011 at: http://www.rightsworkinggroup.org/sites/default/files/rwg-report-web.pdf Year: 2010 Country: United States URL: http://www.rightsworkinggroup.org/sites/default/files/rwg-report-web.pdf Shelf Number: 123420 Keywords: Racial Profiling (U.S.)Racial Profiling in Law Enforcement |
Author: U.S. Department of Justice. Civil Rights Division. United States Attorneyâs Office, Western District of Washington Title: Investigation of the Seattle Police Department Summary: On March 31, 2011, the Civil Rights Division opened an investigation of the Seattle Police Department (SPD) pursuant to the Violent Crime Control and Law Enforcement Act of 1994, the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964. Following its comprehensive investigation, the Justice Department on December 16, 2011, announced its findings that the SPD has engaged in a pattern or practice of officers using excessive force. The Justice Department also announced that its investigation raised serious concerns that some of SPD's policies and practices, particularly those related to pedestrian encounters, could result in unlawful discriminatory policing. Additionally, on November 23, 2011, the Justice Department released a technical assistance letter that provided our specific recommendations regarding SPD's practices relating to an officer's protections against self-incrimination pursuant to the U.S. Supreme Court case of Garrity v. New Jersey. The documents on this page provide more information about the investigation, the Justice Department's findings, and next steps. Details: Washington, DC: U.S. Department of Justice, 2011. 67p. Source: Internet Resource: Accessed January 13, 2012 at: http://www.justice.gov/crt/about/spl/documents/spd_findletter_12-16-11.pdf Year: 2011 Country: United States URL: http://www.justice.gov/crt/about/spl/documents/spd_findletter_12-16-11.pdf Shelf Number: 123599 Keywords: DiscriminationPolice Misconduct (Seattle)Police Use of ForceRacial Profiling in Law Enforcement |
Author: Gau, Jacinta M. Title: Report of Results of the 2007 Citizen Survey. Eighth Periodic Survey of Public Attitudes Toward the Washington State Patrol: Focus on Racial Profiling and Aggressive Driving and Longitudinal Assessment, 1992 â 2007 Summary: This report is the eighth in a series of Washington State citizen assessments of the performance of the Washington State Patrol. As with the previous assessments, this survey was conducted by mail. The survey sample was selected randomly from 10 universes of potential respondents: Citizens who were cited (arrested) by the WSP; citizens to whom the WSP issued written warnings; citizens who received verbal warnings; citizens who were searched by WSP troopers; citizens who were rendered assistance by troopers; four autonomous patrol areas of high minority contacts (Kelso, Sunnyside, Highway 99, and South King County); and a random cross-section of Washington State residents. The purpose of the survey was twofold: 1) to provide the WSP with feedback concerning citizensâ current opinions and attitudes about troopers; and 2) to offer a longitudinal comparison of how those opinions and attitudes have changed over time. It should be noted that some changes have been made to the 2007 questionnaire items that may preclude a full comparison between 2007 and prior years; nevertheless, the key questions remain the same and can be used for trend analysis. In addition, the sampling procedure allows for comparisons between those who have been sanctioned by the WSP (citation, search, etc.), those who have been assisted by the WSP, and a random sample of Washington State citizens who may or may not have had recent contact with the WSP. Each survey in the series has featured a new topic area that is of interest to the WSP at the time of the survey. The featured topic area in the 2007 survey is road rage and aggressive driving. The survey contained items asking respondents to indicate the extent to which these behaviors are a problem in Washington, and to report their perceptions of the effort that WSP has invested in addressing these problems. The 2007 survey also included a question tapping citizensâ attitudes about whether or not the WSP uses driver race as a basis for making traffic stops. The inclusion of this question allows for ongoing monitoring of the publicâs attitudes about the incidence of racial profiling by the WSP. Though the bulk of the survey was quantitative in nature, there was a qualitative aspect as well. Respondents had several opportunities throughout the survey to provide written elaborations on their views about road rage and aggressive driving, about their satisfaction with WSP services, about biased policing, and about other traffic- and driving-related issues. These comments were analyzed to determine if common themes emerged; that is, whether large groups of respondents wrote about the same problem(s). Ten such themes emerged from this analysis: 1) concern was expressed about road rage and aggressive or reckless driving; 2) problems were noted with semi-truck drivers; 3) concerns about under-enforcement of traffic laws by the WSP were expressed; 4) overlylenient treatment of traffic law violators by the legislature and/or courts were cited; 5) citizensâ views on WSP ticketing practices were noted (e.g., the belief that quotas guide troopersâ discretion); 6) biased policing was noted; 7) confusion regarding the WSPâs mission and function as a law enforcement agency was expressed; 8) concern was voiced regarding limited visibility and level of service that the WSP provides in areas where some people drive; 9) there was disappointment in troopersâ demeanor and respectfulness; and 10) attitudes about the professionalism and overall effectiveness of the WSP were described. The results of the content analysis will be summarized in Part 4 of this report, and the full analysis is located in Appendix B. Details: Pullman, WA: Washington State University, Division of Governmental Studies and Services, 2007. 198p. Source: Internet Resource: Accessed February 27, 2012 at: http://www.wsp.wa.gov/publications/reports/citizen07.pdf Year: 2007 Country: United States URL: http://www.wsp.wa.gov/publications/reports/citizen07.pdf Shelf Number: 124296 Keywords: Aggressive DrivingPolice-Citizen Interactions (Washington State)Public OpinionRacial ProfilingRacial Profiling in Law EnforcementRoad Rage |
Author: Lovrich, Nicholas P. Title: Results of the Monitoring of WSP Traffic Stops for Biased Policing: Analysis of WSP Stop, Citation, Search and Use of Force Data and Results of the Use of Observational Studies for Denominator Assessment Summary: This report prepared under the auspices of the National Highway Traffic Safety Administration (NHTSA) Grant-Funded Study on Racial Profiling Phenomena in Washington State [OGRD # 107828] sets forth findings derived from the independent monitoring of traffic stop data collected by the WSP. This report contains the results of an analysis of traffic stops, traffic citations, searches and use of force for evidence of biased policing. Our analysis of agency data is carried out both at the statewide and individual Autonomous Patrol Area (APA) levels. Our analysis indicates very few instances of noteworthy minority/non-minority disparities in the use of police discretion by the officers of the Washington State Patrol. Most importantly, there is no evidence of a systematic practice of racial profiling in either who is stopped, who is issued a citation, who is searched, and to whom force is applied by WSP officers. In addition to these substantive findings, this report also contains findings derived from a testing of the utility of racial coded traffic collision data as a âdenominatorâ for racial profiling assessments by means of three observational studies conducted with digital photography. Those results indicate that collision data are likely to represent a reliable and cost-effective indicator of driver population demographics, making the monitoring of racial profiling an affordable practice in nearly all police jurisdictions. Details: Pullman, WA: Washington State University, Division of Governmental Studies and Services, 2007. 70p. Source: Internet Resource: Accessed February 27, 2012 at: http://www.wsp.wa.gov/publications/reports/wsu_2007_report.pdf Year: 2007 Country: United States URL: http://www.wsp.wa.gov/publications/reports/wsu_2007_report.pdf Shelf Number: 124297 Keywords: Racial Profiling (Washington State)Racial Profiling in Law EnforcementTraffic Stops |
Author: Victoria (Australia). Office of Police Integrity Title: Review of Victoria Police Use of âStop and Searchâ Powers Summary: This report presents the findings of a Review of Victoria Police use of âstop and searchâ powers associated with the control of weapons. The review found little evidence to suggest that concerns have been realised relating to arbitrary use of powers or the targeting of particular groups. It also found that Victoria Police is not able to meet the legislative reporting requirements due to inadequate data collection and retrieval mechanisms. Details: Melbourne: Victorian Government Printer, 2012. 64p. Source: Internet Resource: Accessed May 10, 2012 at: http://apo.org.au/sites/default/files/Review%20of%20Victoria%20Police%20use%20of%20%27stop%20and%20search%27%20powers.pdf Year: 2012 Country: Australia URL: http://apo.org.au/sites/default/files/Review%20of%20Victoria%20Police%20use%20of%20%27stop%20and%20search%27%20powers.pdf Shelf Number: 125235 Keywords: Police DiscretionPolicing (Australia)Racial Profiling in Law EnforcementStop and SearchWeapons |
Author: Equality and Human Rights Commission Title: Race Disproportionality in Stops and Searches under Section 60 of the Criminal Justice and Public Order Act 1994 Summary: The Equality and Human Rights Commissionâs Stop and think report looked at police use of stop and search using the Police and Criminal Evidence Act 1994 (PACE). It highlighted that the police carry out a disproportionate number of stops and searches on black and Asian people compared to white people relative to the ethnic profile of the population. New government data shows that people who are black, Asian or of a mixed ethnicity are also disproportionately stopped and searched when the police use the Criminal Justice and Public Order Act 1994. Section 60 of this Act gives the police the power to stop and search any pedestrians or vehicles for offensive weapons or dangerous instruments within a specified area and during a specified period of time. The Commission asked all 40 police forces in England to disclose the grounds for authorisations using this power from 1 April 2008 to 31 March 2011. It asked for data on the number of authorisations made, the time, place and rationale for those authorisations, the number of stops and searches and effectiveness in terms of weapons found and arrests. The response to these questions showed that police forces do not have the data easily available. It found discrepancies between the data provided to the Commission and information published annually by the government. This suggests that police forces could improve their processes for recording and reporting the use of this power to Government. The Commission found evidence that people from some ethnicities are stopped significantly more often than other people. The Metropolitan, Merseyside, Lancashire, Greater Manchester, West Midlands and British Transport Police forces each carried out more than 2,000 Section 60 stops and searches in 2008-11. Of these six forces, Greater Manchester, West Midlands and the British Transport Police had the highest black/white and mixed/white disproportionality ratios. The West Midlands also had the highest Asian/white disproportionality ratio. Cumbria Police found the most weapons (26 during 2008-11) and Warwickshire found the most weapons on average per authorisation (5.25). The Metropolitan Police reported the most arrests for weapons (20 during AugustâSeptember 2010 alone). Some of the authorisations were directed specifically at criminal activity involving particular minorities. However, the authorisations did not always say if or why a particular ethnic group was to be targeted. This lack of transparency makes it more difficult for the police to justify the disproportionate number of black, Asian and mixed ethnicity people they stop and search. Any activity that creates a disproportionate and unfavourable effect on any ethnic minority (or any other ground protected by the Equality Act 2010) must have a legitimate justification to be lawful. Improving the transparency of their decisions should protect the police from allegations of race discrimination if the reasons for stopping and searching people with a specific ethnic background is legitimate. It will help Englandâs police forces to meet their pledge to improve in this area. Details: Manchester, UK: Equality ahd Human Rights Commission, 2012. 50p. Source: Internet Resource: Briefing paper 5: Accessed July 9, 2012 at: http://www.equalityhumanrights.com/uploaded_files/ehrc_-_briefing_paper_no.5_-_s60_stop_and_search.pdf Year: 2012 Country: United Kingdom URL: http://www.equalityhumanrights.com/uploaded_files/ehrc_-_briefing_paper_no.5_-_s60_stop_and_search.pdf Shelf Number: 125511 Keywords: Police DiscretionRacial DiscriminationRacial Profiling in Law EnforcementStop and Search (U.K.) |
Author: Center for Constitutional Rights Title: Stop and Frisk: The Human Impact. The Stories Behind the Numbers; The Effects on Our Communities Summary: The New York City Police Department's (NYPDâs) aggressive stop-and-frisk practices are having a profound effect on individuals, groups and communities across the city. This report documents some of the human stories behind the staggering statistics and sheds new light on the breadth of impact this policy is having on individuals and groups, in neighborhoods, and citywide. The Center for Constitutional Rights conducted a series of interviews with people who have been stopped and frisked by NYPD and heard testimonies from a wide range of people who are living under the weight of the unprecedented explosion of this practice. These interviews provide evidence of how deeply this practice impacts individuals and they document widespread civil and human rights abuses, including illegal profiling, improper arrests, inappropriate touching, sexual harassment, humiliation and violence at the hands of police officers. The effects of these abuses can be devastating and often leave behind lasting emotional, psychological, social, and economic harm. The NYPD stop-and-frisk program affects thousands of people every day in New York City and it is widely acknowledged that an overwhelming majority of those people are Black or Latino. This report shows that many are also members of a range of other communities that are experiencing devastating impact from this program, including LGBTQ/GNC people, non-citizens, homeless people, religious minorities, low-income people, residents of certain neighborhoods and youth. Residents of some New York City neighborhoods describe a police presence so pervasive and hostile that they feel like they are living in a state of siege. What these stories describe are widespread and systematic human and civil rights violations against thousands of New Yorkers on a daily basis. The NYPD and city and state governments must act immediately to put policies and legal protections in place to end these abuses. Details: New York: Center for Constituitonal Rights, 2012. 40p. Source: Internet Resource: Accessed July 30, 2012 at: http://ccrjustice.org/the-human-impact-report.pdf Year: 2012 Country: United States URL: http://ccrjustice.org/the-human-impact-report.pdf Shelf Number: 125813 Keywords: Civil Rights AbusesMinority GroupsPolice DiscretionRacial Profiling in Law EnforcementStop and FriskStop and Search (New York City) |
Author: Fagan, Jeffrey Title: Race and Selective Enforcement in Public Housing Summary: Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct âvertical patrolsâ in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York Cityâs 330 public housing developments on the probability of stop, frisk and arrest from 2004-11. We find that the incidence rate ratio for trespass stops and arrests is more than two times greater in public housing than in the immediate surrounding neighborhoods. We decompose these effects using first differences models and find that the difference in percent Black and Hispanic populations in public housing compared to the surrounding area predicts the disparity in trespass enforcement and enforcement of other criminal law violations. The pattern of racially selective enforcement suggests the potential for systemic violations of the Fourteenth Amendmentâs prohibition on racial discrimination. Details: New York: Columbia Law School, 2012. 45p. Source: Internet Resource: Columbia Public Law Research Paper No. 12-314: Accessed September 11, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2133384 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2133384 Shelf Number: 126298 Keywords: Drugs and CrimePublic HousingRacial DiscriminationRacial DisparitiesRacial Profiling in Law Enforcement |
Author: Behm, Michael E. Title: Traffic Stops in Nebraska. A Report to the Governor and the Legislature on Data Submitted by Law Enforcement April 1, 2012 Summary: Issues of fairness and trust are critical in the administration of justice. These issues are critical for the public as well as for law enforcement. Traffic stops are one of the most common types of contact for the public. Perceptions derived from these contacts and the need for openness on the reasons for stops fit with other concerns. The Nebraska Legislature passed LB593 in 2001 to respond to possible issues relating to the way that traffic stops are made. The act specifically prohibited racial profiling and required law enforcement to implement policies prohibiting discriminatory practices as well as requiring the collection of prescribed data. Additionally, it required agencies to report to the Crime Commission all allegations of racial profiling received and the disposition of such allegations. This report includes traffic stop data from 2002 through 2011 as submitted to the Nebraska Crime Commission. One component of addressing concerns has been the training of law enforcement. Issues regarding racial profiling have been incorporated into the basic training all law enforcement officers attend for certification. Since the law took effect in 2001, and even prior to this law, students in basic training are taught that all traffic stops must be based on a legal justification and cannot be based solely upon the personâs (or driver's) race or ethnic makeup. Any stop based solely upon the person's race or ethnicity would be unconstitutional. Students fill out racial profiling report forms with each simulated traffic stop conducted while in the training academy. Data by agency and county is available at the Crime Commission's website (www.ncc.ne.gov). Proactive use of these data can assist in an agency's monitoring and adherence to legislation. They can provide opportunities to reach out to the community as well as examine processes and procedures. We strongly encourage agencies to examine their data and look at what is happening within their jurisdiction. ¡ There were 515,390 traffic stops reported to the Crime Commission for 2011 from 179 law enforcement agencies. ¡ Of the total traffic stops reported, over two thirds were by the Nebraska State Patrol or agencies in Douglas, Lancaster and Sarpy Counties. Overall, 42% of the stops made statewide were by the Patrol. Omaha PD made 11% and Lincoln PD made almost 8% of the statewide traffic stops. ¡ While both population and stops were concentrated in the largest counties, the largest metropolitan agencies accounted for the most stops. The Omaha Police Department, Lincoln Police Department and the Nebraska State Patrol accounted for 61% of stops. o Given that the 2010 census included detailed data on Lincoln and Omaha we were able to better examine details of stops in those communities. ¡ The general or census population only provides one aspect of the potential group that would be stopped by law enforcement, particularly in areas with a lot of commuters or Interstate traffic. Nonetheless, the local population provides one view of the area and is often used for these comparisons. ¡ The breakdown of types of stops and related data by race has stayed relatively consistent throughout the reported years, with certain variations showing in searches and the dispositions of stops. ¡ The statewide breakdown of traffic stops by race parallels the census adult population breakdown as well as the general known licensed driving population. In and of itself this does not mean that there is no racial profiling. It can be said that, on the statewide aggregate, there are not apparent disproportionalities. ¡ However, this does not mean that there are not disparities. There are other variances that show up when looking at particular local populations or jurisdictions. Since minority populations vary greatly across Nebraska it significantly affects the contact law enforcement would have with them. ¡ The majority of stops in Douglas County were by the Omaha Police. o Black drivers in Omaha are stopped almost twice as often by the Omaha Police Department (21.6% to 12.2%) ¡ Lancaster County has the majority of its stops by the Lincoln Police Department. o The Lincoln Police Department stops Blacks at over twice their local adult population (7.7% to 3.3%) ¡ Dawson County has a large Hispanic population that dramatizes the need for local examination of populations. o Hispanics, the largest minority population in Dawson County, account for 30.8% of stops countywide compared to their overall population of 26.2% o Hispanics are 53% of Lexington's adult population but account for 51.4% of the stops ¡ Looking at the processing of stops can point to similarities and disparities. A search can be requested of the driver or cause may bring about a search. o The overall reporting by law enforcement shows that Blacks (3.0%), Hispanics (3.9%) and Native Americans (4.7%) are searched more often than overall (2.4%) or Whites (2.2%). o The Nebraska State Patrol searches at a proportion lower than those reported overall (0.9% to 2.4%). o The State Patrol does search Native Americans (2.9%) three times as often as their overall searches (0.9%). o The Douglas County Sheriff's Office conducts a larger proportion of searches on Blacks (9.1), Hispanics (11.7) and Native Americans (12.5) than overall (5.3%) o The Omaha Police Department conducts searches over three times as often on Native Americans (4.2) than overall (1.2%) o The Lincoln Police Department searched Blacks (3.5%) and Native Americans (7.1%) and Hispanics (2.7%) more frequently than general searches (1.4%) o The Dawson County Sheriff's Office searched Hispanics (4.5) almost twice as frequently as general searches (2.6%) ¡ For 2011 the Crime Commission received seven reports from three agencies of the public making allegations of racial profiling. All the agencies involved conducted internal investigations. In all seven instances the officer was exonerated. As always. it must be noted that any observed disparities are just that: disparities. The data cannot prove bias or instances of racial profiling but they can point to areas that agencies can look at more closely. Detailed review by agencies, including specifics such as officers, locations, populations or other criteria are essential to understanding the local situation. While this data provides a good snapshot of traffic stops it must be noted that there are inherent limitations. Since only summary data is required to be collected and reported there is no way to track individual instances or get to a detailed level of analysis available in other data sets. Details: Lincoln, NE: Nebraska Commission on Law Enforcement and Criminal Justice, 2012. 46p. Source: Internet Resource: Accessed September 27, 2012 at: http://www.ncc.ne.gov/pdf/stats_and_research/2011DataFinal.pdf Year: 2012 Country: United States URL: http://www.ncc.ne.gov/pdf/stats_and_research/2011DataFinal.pdf Shelf Number: 126478 Keywords: Racial Profiling in Law EnforcementTraffic OffensesTraffic Stops (Nebraska) |
Author: La Vigne, Nancy Title: Key Issues in the Police Use of Pedestrian Stops and Searches: Discussion Papers from an Urban Institute Roundtable Summary: This compilation of papers examines how and why police stop and search pedestrians, and what the impact of that practice is on communities and public safety. Each paper presents the topic from researcher to practitioner perspectives with a primary focus on the implications for law enforcement practice. The papers discuss issues such as citizens' perceptions of street stops and their implications for police legitimacy; the disproportionate impact of street stops in communities of color; and ways in which stops and searches could be conducted in a manner that preserves police-community relations. Details: Washington, DC: Urban Institute, Justice Policy Center, 2012. 51p. Source: Internet Resource: Accessed November 26, 2012 at: http://www.urban.org/UploadedPDF/412647-Key-Issues-in-the-Police-Use-of-Pedestrian-Stops-and-Searches.pdf Year: 2012 Country: United States URL: http://www.urban.org/UploadedPDF/412647-Key-Issues-in-the-Police-Use-of-Pedestrian-Stops-and-Searches.pdf Shelf Number: 126999 Keywords: PolicePolice LegitimacyPolice StopsPolice-Citizen InteractionsPolice-Community RelationsRacial Profiling in Law EnforcementStop and Search |
Author: Persico, Nicola Title: An Economic Analysis of Black-White Disparities in NYPD's Stop and Frisk Program Summary: We analyze data on NYPD's "stop and frisk program" in an effort to identify racial bias on the part of the police officers making the stops. We find that the officers are not biased against African Americans relative to whites, because the latter are being stopped despite being a "less productive stop" for a police officer. Details: Cambridge, MA: National Bureau of Economic Research, 2013. 28p. Source: Internet Resource: NBER Working Paper Series; Working Paper 18803: Accessed February 21, 2013 at: http://www.nber.org/papers/w18803.pdf Year: 2013 Country: United States URL: http://www.nber.org/papers/w18803.pdf Shelf Number: 127656 Keywords: Police DiscretionRacial DisparitiesRacial Profiling in Law EnforcementStop and Frisk (New York City) |
Author: Gounev, Philip, ed. Title: Police Stops and Ethnic Profiling in Bulgaria Summary: Between June and December 2005 the Center for the Study of Democracy and Vitosha Research, supported by the Open Society Justice Initiative carried out a study of police stops. The resulting report Police Stops and Ethnic Profiling in Bulgaria examines the use of stops by the Bulgarian police, focusing on the practices of disproportionate stops of members of the Roma ethnic minority. The report also highlights issues related to police abuse during stops as well as crime among in Roma communities. The study is part of a Europe-wide initiative aimed to map discriminatory police practices across Europe. In addition to Bulgaria, research was carried out in Spain, Hungary and Russia indicating that there is disproportionate treatment of minorities by the police in all these countries. Police stops are the main point of contact between officers and citizens. Police officers view stops as essential for detecting and preventing crime. Therefore, the appropriate use of this tool is crucial to police efficiency, whereas when used in the wrong way, it could seriously deteriorate the relations between citizens and the police. Details: Sofia: Center for the Study of Democracy, 2006. 90p. Source: Internet Resource: Accessed March 23, 2013 at: http://www.csd.bg/artShow.php?id=7937 Year: 2006 Country: Bulgaria URL: http://www.csd.bg/artShow.php?id=7937 Shelf Number: 107708 Keywords: Police (Bulgaria)Racial Profiling in Law EnforcementStop and Search |
Author: The Muslim American Civil Liberties Coalition (MACLC), The Creating Law Enforcement Accountability & Responsibility (CLEAR), The Asian American Legal Defense and Education Fund (AALDEF), Title: Mapping Muslims: NYPD Spying and its Impact on American Muslims Summary: Since 2001, the New York City Police Department (NYPD) has established a secret surveillance program that has mapped, monitored and analyzed American Muslim daily life throughout New York City, and even its surrounding states. In 2011, the unveiling of this program by the Associated Press (AP) and other journalists1 who had obtained leaked internal NYPD documents led to an outcry from public officials, civil rights activists, American Muslim religious leaders, and members of the public. Protesters and advocates held that such racial and religious profiling was not only an example of ineffective policing and wasteful spending of taxpayer dollars, but it also marginalized and criminalized a broad segment of American Muslims. Almost a year later, in August 2012, the Chief of the NYPD Intelligence Division, Lt. Paul Galati admitted during sworn testimony that in the six years of his tenure, the unit tasked with monitoring American Muslim life had not yielded a single criminal lead.2 Proponents of the sprawling surveillance enterprise have argued that, regardless of its inefficacy, mere spying on a community is harmless because it is clandestine and that those who are targeted should have nothing to fear, if they have nothing to hide. Our findings, based on an unprecedented number of candid interviews with American Muslim community members, paint a radically different picture. We have found that surveillance of Muslimsâ quotidian activities has created a pervasive climate of fear and suspicion, encroaching upon every aspect of individual and community life. Surveillance has chilled constitutionally protected rightsâcurtailing religious practice, censoring speech and stunting political organizing. Every one of our interviewees noted that they were negatively affected by surveillance in some way - whether it was by reducing their political or religious expression, altering the way they exercised those rights (through clarifications, precautions, or avoiding certain interlocutors), or in experiencing social and familial pressures to reduce their activism. Additionally, surveillance has severed the trust that should exist between the police department and the communities it is charged with protecting. Section One of the findings highlights the impact of NYPD surveillance on religious life and expression. Interviewees felt that the NYPDâs spotlight on American Muslimsâ practice of their faith, their degree of religiosity and their places of worship disrupted and suppressed their ability to practice freely. Many also indicated that within heterogeneous Muslim communities, this has resulted in the suppression of certain practices of Islam more than others. Interviews also highlighted the atmosphere of tension, mistrust and suspicion that permeates Muslim religious places â which the NYPD has infiltrated with informants and undercover agents, deeming them âhot spots.â These law enforcement policies have deeply affected the way Muslim faith is experienced and practiced in New York City. Section Two documents how NYPD surveillance has chilled American Muslimsâ freedom of speech. Interviewees noted a striking self-censorship of political speech and activism. Conversations relating to foreign policy, civil rights and activism are all deemed off-limits as interviewees fear such conversations would draw greater NYPD scrutiny. This same fear has deterred mobilization around Muslim civil rights issues, and quelled demands for law enforcement accountability. Parents discourage their children from being active in Muslim student groups, protests, or other activism, believing that these activities would threaten to expose them to government scrutiny. Surveillance has also led to a qualitative shift in the way individuals joke, the types of metaphors they use, and even the sort of coffee house chatter in which they engage. Since 2001, the New York City Police Department (NYPD) has established a secret surveillance program that has mapped, monitored and analyzed American Muslim daily life throughout New York City, and even its surrounding states. In 2011, the unveiling of this program by the Associated Press (AP) and other journalists1 who had obtained leaked internal NYPD documents led to an outcry from public officials, civil rights activists, American Muslim religious leaders, and members of the public. Protesters and advocates held that such racial and religious profiling was not only an example of ineffective policing and wasteful spending of taxpayer dollars, but it also marginalized and criminalized a broad segment of American Muslims. Almost a year later, in August 2012, the Chief of the NYPD Intelligence Division, Lt. Paul Galati admitted during sworn testimony that in the six years of his tenure, the unit tasked with monitoring American Muslim life had not yielded a single criminal lead.2 Proponents of the sprawling surveillance enterprise have argued that, regardless of its inefficacy, mere spying on a community is harmless because it is clandestine and that those who are targeted should have nothing to fear, if they have nothing to hide. Our findings, based on an unprecedented number of candid interviews with American Muslim community members, paint a radically different picture. We have found that surveillance of Muslimsâ quotidian activities has created a pervasive climate of fear and suspicion, encroaching upon every aspect of individual and community life. Surveillance has chilled constitutionally protected rightsâcurtailing religious practice, censoring speech and stunting political organizing. Every one of our interviewees noted that they were negatively affected by surveillance in some way - whether it was by reducing their political or religious expression, altering the way they exercised those rights (through clarifications, precautions, or avoiding certain interlocutors), or in experiencing social and familial pressures to reduce their activism. Additionally, surveillance has severed the trust that should exist between the police department and the communities it is charged with protecting. Section One of the findings highlights the impact of NYPD surveillance on religious life and expression. Interviewees felt that the NYPDâs spotlight on American Muslimsâ practice of their faith, their degree of religiosity and their places of worship disrupted and suppressed their ability to practice freely. Many also indicated that within heterogeneous Muslim communities, this has resulted in the suppression of certain practices of Islam more than others. Interviews also highlighted the atmosphere of tension, mistrust and suspicion that permeates Muslim religious places â which the NYPD has infiltrated with informants and undercover agents, deeming them âhot spots.â These law enforcement policies have deeply affected the way Muslim faith is experienced and practiced in New York City. Section Two documents how NYPD surveillance has chilled American Muslimsâ freedom of speech. Interviewees noted a striking self-censorship of political speech and activism. Conversations relating to foreign policy, civil rights and activism are all deemed off-limits as interviewees fear such conversations would draw greater NYPD scrutiny. This same fear has deterred mobilization around Muslim civil rights issues, and quelled demands for law enforcement accountability. Parents discourage their children from being active in Muslim student groups, protests, or other activism, believing that these activities would threaten to expose them to government scrutiny. Surveillance has also led to a qualitative shift in the way individuals joke, the types of metaphors they use, and even the sort of coffee house chatter in which they engage. transparency, and accountability when it comes to the NYPD has never been greater. Details: New York: The Muslim American Civil Liberties Coalition (MACLC), The Creating Law Enforcement Accountability & Responsibility (CLEAR), The Asian American Legal Defense and Education Fund (AALDEF), 2013. 56p. Source: Internet Resource: Accessed April 9, 2013 at: http://www.law.cuny.edu/academics/clinics/immigration/clear/Mapping-Muslims.pdf Year: 2013 Country: United States URL: http://www.law.cuny.edu/academics/clinics/immigration/clear/Mapping-Muslims.pdf Shelf Number: 128325 Keywords: American Muslims (New York City, U.S.)Civil RightsMinority GroupsRacial Profiling in Law EnforcementSurveillance |
Author: Dunn, Christopher Title: NYPD Stop-and-Frisk Activity in 2012 Summary: In May 2012, the New York Civil Liberties Union released a detailed analysis of the NYPDâs stop-and-frisk activity during 2011. Based on the NYPD database that the Department now makes public following earlier NYCLU litigation, the 2011 report examined stops, frisks, summonses, arrests, the use of force and gun recoveries, all on a citywide and precinct basis. The 2011 report also delved into the wide racial disparities in the NYPDâs stop-and-frisk regime. Since the release of the NYCLU report last year, the stop-and-frisk controversy in New York City has grown enormously. Shortly after release of the report, public officials and candidates seeking to succeed Mayor Michael Bloomberg started to regularly raise concerns about the stop-and-frisk program. In the summer of 2012, Mayor Bloomberg went on the offensive, attempting to aggressively defend the program by claiming that it reduces shootings and saves lives. In October 2011, a federal judge presided over a hearing in a case brought by the NYCLU and others challenging the part of the stop-and-frisk regime conducted at private residential buildings enrolled in the âClean Hallsâ program in the Bronx. In January 2012, the court ruled that the NYPD was systematically stopping building residents, visitors and passersby unlawfully. Meanwhile, a package of NYPD reform bills in the City Council, collectively referred to as the Community Safety Act, has generated robust public discussion and is moving towards passage. Among other things, the bills would ban profiling by the NYPD and create an inspector general to review Department practices. Finally, just days before the release of this report, a federal judge heard closing arguments in a two-month trial challenging the enormous number of street stops that are at the heart of New York Cityâs stop-and-frisk regime. A ruling in that case is expected this summer. With all of these developments, a close examination of the stop-and-frisk activity from 2012 becomes particularly important. As with last yearâs NYCLU report, this report discloses detailed information about all aspects of the NYPDâs stop-and-frisk program, including detailed breakdowns by precinct. New to this report is an analysis of marijuana-related aspects of the NYPDâs stop-and-frisk regime. Details: New York: New York Civil Liberties Union, 2013. 29p. Source: Internet Resource: Accessed May 25, 2013 at: http://www.nyclu.org/publications/report-nypd-stop-and-frisk-activity-2012-2013 Year: 2013 Country: United States URL: http://www.nyclu.org/publications/report-nypd-stop-and-frisk-activity-2012-2013 Shelf Number: 128795 Keywords: MinoritiesPolice DiscretionPolice LegitimacyRacial Profiling in Law EnforcementStop and Search (New York, U.S.) |
Author: American Civil Liberties Union Title: The War on Marijuana in Black and White: Billions of Dollars Wasted on Racially Biased Arrests Summary: This report is the first to examine marijuana possession arrest rates by race for all 50 states (and the District of Columbia) and their respective counties from 2001 to 2010. The report relies on the Federal Bureau of Investigationâs Uniform Crime Reporting Program and the United States Censusâ annual county population estimates to document arrest rates by race per 100,000 for marijuana possession. The report finds that between 2001 and 2010, there were over 8 million marijuana arrests in the United States, 88% of which were for possession. Marijuana arrests have increased between 2001 and 2010 and now account for over half (52%) of all drug arrests in the United States, and marijuana possession arrests account for nearly half (46%) of all drug arrests. In 2010, there was one marijuana arrest every 37 seconds, and states spent combined over $3.6 billion enforcing marijuana possession laws. The report also finds that, on average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates. Such racial disparities in marijuana possession arrests exist in all regions of the country, in counties large and small, urban and rural, wealthy and poor, and with large and small Black populations. Indeed, in over 96% of counties with more than 30,000 people in which at least 2% of the residents are Black, Blacks are arrested at higher rates than whites for marijuana possession. The report concludes that the War on Marijuana, like the larger War on Drugs of which it is a part, is a failure. It has needlessly ensnared hundreds of thousands of people in the criminal justice system, had a staggeringly disproportionate impact on African- Americans, and comes at a tremendous human and financial cost. The price paid by those arrested and convicted of marijuana possession can be significant and linger for years, if not a lifetime. Arrests and convictions for possessing marijuana can negatively impact public housing and student financial aid eligibility, employment opportunities, child custody determinations, and immigration status. Further, the War on Marijuana has been a fiscal fiasco. The taxpayersâ dollars that law enforcement agencies waste enforcing marijuana possession laws could be better spent on addressing and solving serious crimes and working collaboratively with communities to build trust and increase public health and safety. Despite the fact that aggressive enforcement of marijuana laws has been an increasing priority of police departments across the country, and that states have spent billions of dollars on such enforcement, it has failed to diminish marijuanaâs use or availability. To repair this countryâs wrecked War on Marijuana, the ACLU recommends that marijuana be legalized for persons 21 or older through a system of taxation, licensing, and regulation. Legalization is the smartest and surest way to end targeted enforcement of marijuana laws in communities of color, and, moreover, would eliminate the costs of such enforcement while generating revenue for cash-strapped states. States could then reinvest the money saved and generated into public schools and public health programs, including substance abuse treatment. If legalization is not possible, the ACLU recommends depenalizing marijuana use and possession for persons 21 or older by removing all attendant civil and criminal penalties, or, if depenalization is unobtainable, decriminalizing marijuana use and possession for adults and youth by classifying such activities as civil, not criminal, offenses. The ACLU also recommends that until legalization or depenalization is achieved, law enforcement agencies and district attorney offices should deprioritize enforcement of marijuana possession laws. In addition, police should end racial profiling and unconstitutional stop, frisk, and search practices, and no longer measure success and productivity by the number of arrests they make. Further, states and the federal government should eliminate the financial incentives and rewards that enable and encourage law enforcement to make large numbers of arrests, including for low-level offenses such as marijuana possession. In sum, it is time to end marijuana possession arrests. Details: New York: ACLU, 2013. 187p. Source: Internet Resource: Accessed June 6, 2013 at: http://www.aclu.org/files/assets/aclu-thewaronmarijuana-rel2.pdf Year: 2013 Country: United States URL: http://www.aclu.org/files/assets/aclu-thewaronmarijuana-rel2.pdf Shelf Number: 128970 Keywords: Drug EnforcementDrug LegalizationMarijuana (U.S.)Racial DiscriminationRacial DisparitiesRacial Profiling in Law Enforcement |
Author: Equality and Human Rights Commission (U.K.) Title: Stop and Think Again: Towards race equality in police PACE stop and search Summary: In March 2010 the Equality and Human Rights Commission published Stop and think which showed that the police in England and Wales conducted about a million stops and searches of members of the public every year, the great majority under the Police and Criminal Evidence Act 1984 (PACE) and similar laws requiring officers to have âreasonable grounds for suspicionâ. The power has always been controversial, and when Stop and think was published, Asian people were stopped and searched about twice as often as white people, and black people about six times as often. Stop and think also identified geographical differences; for example, little race disproportionality in much of the north of England, and relatively high levels in some southern forces. There were also wide ranges year on year between some neighbouring similar forces, and also between comparable London boroughs. The report concluded that unless forces could convincingly evidence that their race inequalities were justified their practice would be unlawful and discriminatory. Following the report the Commission applied criteria, including extent of disproportionality and trends, to identify five forces for further inquiries. It found that their explanations were not firmly substantiated by evidence, nor could they define how much of their forceâs disproportionality might stem from these factors. The Commission therefore initiated legal compliance action against two forces, Leicestershire and Thames Valley, which in each case was subsequently succeeded by a formal agreement detailing a programme of action over 18 months (spring 2011âautumn 2012). Dorset Police and the Metropolitan Police (initially in one borough) had arranged to implement the serviceâs own âNext Stepsâ programme for securing best practice in stop and search, so the Commission decided to take no action so as to identify what impact on race disproportionality Next Steps might have without influencing the outcome. West Midlands Police drew together its own programme of measures and again the Commission agreed to scrutinise its progress rather than intervene. Leicestershire and Thames Valleyâs agreed programmes included a revised policy, training for all officers, detailed statistical ethnic monitoring down to local level, scrutiny by senior management group meetings and a community reference group, and leadership by an ACPO rank officer. Each force appointed a middle-ranking officer to engage with local commanders regarding the race patterns in their areas, and extended monitoring down to the level of individual officers. The Commission engaged closely with the process and was impressed in both cases with the quality of delivery. The Commission engaged with Dorset and the Metropolitan Police after their short intensive programme with the national Next Steps team, to assess changes in practice and outcomes. The Next Steps programme focused on securing full recording (inter alia to eliminate distortions in race patterns), practice based on reliable intelligence not âhunchâ, eliminating formal or tacit numerical performance targets encouraging mass usage, and fostering a clear understanding of what does and does not constitute âreasonable groundsâ. West Midlands Policeâs programme included a revision of stop and search policy, training for all officers, the creation of local scrutiny panels and clear action to eliminate performance targets encouraging prolific rather than carefully judged usage. They also pursued analyses to demonstrate the element of disproportionality that could be accounted for by skews towards areas recording high crime levels and towards young people. Outcomes The race disproportionality ratios were necessarily calculated on a different basis from the figures in Stop and think because (i) 2001 census figures were used as a base since they were broken down to local level, which more recent population estimates were not, and (ii) they were based on self-classification instead of officer perception, which became national practice for data after those used in Stop and think. Thames Valley zz From March 2011 to August 2012 Thames Valley Policeâs black: white disproportionality fell from 3.5 to 3.2, and its Asian: white figure from 2.5 to 1.9. zz The overall number of stops and searches recorded in the same period fell from 5916 in the first quarter to 4758 in the sixth quarter. zz Meanwhile the downward direction in recorded crime in the forceâs area continued uninterrupted. Leicestershire zz From April 2011 to October 2012 Leicestershire Constabularyâs black: white disproportionality began and ended at 4.2, and its Asian: white figure rose from 1.5 to 1.9. zz However, falls in disproportionality amongst the most prolific users at the end of the period suggested imminent falls in the overall figures, and this was subsequently confirmed (Aprilâ November 2012, 3.9 and 1.7). zz The overall number of stops and searches recorded in the same period also fell steeply from 4183 in the first quarter to 1660 in the sixth quarter, while the downward direction in recorded crime in the forceâs area continued uninterrupted. In both force areas negative drug searches formed a large proportion of the total and appeared to be a major driver of race disproportionality. Dorset zz In summer 2011 Dorset Policeâs disproportionality ratios remained unchanged at approximately 6.0 for the black: white figure and close to parity for the Asian: white one. The national Next Steps team assessed that this was justified â and exaggerated â by incoming non-resident drug dealers in Boscombe. zz In late 2012, however, the Commission calculated from Dorsetâs raw data that black: white disproportionality had fallen from 5.5 in 2008-09 to 4.4 in 2009-10 and 3.9 in 2010-11, despite no reduction in Boscombe drug dealers. zz Overall usage also fell from 7048 to 6847 in this period. zz Both usage and disproportionality subsequently rose but not back to previous levels. The Commission assessed that Next Steps had been thoroughly implemented and underpinned with training and intensive scrutiny of local unequal race patterns. The Metropolitan Police zz By autumn 2012 race disproportionality in the London borough of Lewisham, which had implemented Next Steps, had increased. The explanation given was a new focus, following public consultation, on gang activity. zz The Commission, however, identified elements present in Dorset âNext Stepsâ â training, and the challenging of localities/officers with more racially skewed patterns â that were not undertaken in Lewisham, and recommended that this be remedied in the next borough to implement Next Steps. zz Meanwhile, however, the Metropolitan Police introduced a force-wide programme called StopIt which did include elements of training and scrutiny. Annual black: white disproportionality fell from 4.0 to 3.7 from 2011/12 to 2012/13 and while the Asian: white figure rose it stood at parity when re-calculated on the new census population data. zz Usage also fell from around half a million in 2009/10 to around a quarter of a million in JanuaryâSeptember 2012. West Midlands zz West Midlands Police took concerted action to discourage use of stop and search as a quantitative performance indicator, and in 2010/11 its usage fell to only 15,000, half the already modest total in 2007/08. zz Its action on disproportionality was, however, limited, for example training was repeatedly delayed, albeit on plausible grounds, and effort focused on justifying not challenging patterns. Race disproportionality did not significantly change over the period. Conclusions Overall the Commission concluded that where firm action had been taken to reduce race disproportionality, and/or overall usage of the power, it had succeeded, without prejudice to falling crime levels. Key steps taken to reduce disproportionality appeared to be: targets for reduction, and for reducing negative drug searches; training in âreasonable groundsâ for, and proportionate use of, the power; steps to ensure intelligence-led practice rather than practice based on âhunchesâ or generalisations about groups; micro-monitoring to identify local or individual racially skewed patterns and challenging them; and senior level commitment and leadership. Details: London: Equality and Human Rights Commission, 2010 Source: Internet Resource: Accessed June 18, 2013 at: http://www.equalityhumanrights.com/uploaded_files/raceinbritain/stop_and_think_again.pdf Year: 2010 Country: United Kingdom URL: http://www.equalityhumanrights.com/uploaded_files/raceinbritain/stop_and_think_again.pdf Shelf Number: 129038 Keywords: DiscriminationRacial DisparitiesRacial Profiling in Law EnforcementStop and Search (U.K.) |
Author: Ofer, Udi Title: Stop-and-Frisk: A First Look. Six Months of Data on Stop-and-Frisk Practices in Newark Summary: This analysis is based on six months of reports, the full second half of 2013, released by the Newark Police Department under the new Transparency Policy, and focuses on the stop-and-frisk data components of the policy. The study compares Newark to its close neighbor to the east, New York City, whose stop-and-frisk practices have been the subject of much criticism and media attention. We made this comparison in order to put into perspective the six months of data reported by the Newark Police Department. While six months of stop-and-frisk data is insufficient to draw definitive conclusions about the Newark Police Department's stop-and-frisk practices, the ACLU-NJ believes that the initial concerns raised by these data are strong enough to warrant corrective actions now. This study has three primary findings on stop-and-frisk activities in Newark from July to December 2013: (1) High volume of stop-and-frisks. Newark police officers use stop-and-frisk with troubling frequency. In Newark today, police officers make 91 stops per 1,000 residents. Last year in New York City, the NYPD made 24 stops per 1,000 residents. In the final six months of 2013, the NYPD made approximately 8 stops per 1,000 residents, compared to Newark's 91 stops per 1,000 residents during the same period. (2) Black Newarkers bear the disproportionate brunt of stop-and-frisks. Although black Newarkers represent 52 percent of the city's population, they make up 75 percent of all stops. The disparities between stops of black Newarkers and white Newarkers are probably even higher than the data currently reveals given that the Newark Police Department did not report data on stops of Latino residents during the six months analyzed in this report, meaning that the number of white individuals stopped in the data is likely inflated. (3) The majority of people stopped are innocent. Twenty-five percent of people stopped by the Newark Police Department are arrested or issued a summons. In other words, three out of four people stopped in Newark, including many who face interrogation and a frisk, have been determined by the police to be innocent of any wrongdoing. While such an innocence rate is lower than in New York City, this high rate of innocence still raises significant concerns about police department overuse of its stop-and-frisk authority. The study concludes with a series of recommendations for greater compliance with the Newark Police Department's Transparency Policy and for ensuring that stop-and-frisk abuses do not take place, including by establishing permanent civilian oversight over the police department through a strong Civilian Complaint Review Board and Inspector General's Office. An Appendix is also included with additional data on stop-and-frisk activities in Newark, including by precinct, age, and sex. Details: Newark, NJ: American Civil Liberties Union of New Jersey, 2014. 23p. Source: Internet Resource: Accessed April 21, 2014 at: http://www.aclu-nj.org/files/8113/9333/6064/2014_02_25_nwksnf.pdf Year: 2014 Country: United States URL: http://www.aclu-nj.org/files/8113/9333/6064/2014_02_25_nwksnf.pdf Shelf Number: 132104 Keywords: Police BehaviorPolice DiscretionRacial DisparitiesRacial Profiling in Law EnforcementStop and SearchStop-and-Frisk |
Author: National Association for the Advancement of Colored People (NAACP) Title: Born Suspect: Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America Summary: For more than a century the NAACP has been engaged in the fight for a more fair and effective system of policing in America. Indeed, the first case the Association took on after its inception in 1910 involved defending a sharecropper from an illegal police raid on his farm. And to date, there are more than a dozen national resolutions that emphasize the organization's commitment to advocate for greater law enforcement accountability. Yet, the recent death of young men of color, including Eric Garner in Staten Island, New York and Michael Brown in Ferguson, Missouri-both unarmed African American men-at the hands of police officers reveals that the battle for justice and accountability continues. In 2012, following the death of teenager Trayvon Martin, and building on the renewed national conversation about racial profiling that ensued as a result of this tragedy, and also on the momentum of decades of advocacy to fight stop-and-frisk abuses in New York City, the NAACP helped leverage a successful collaborative campaign to pass anti-racial profiling and police accountability measures in New York City. In Born Suspect, the New York campaign is used as a framework to open a dialogue on racial profiling across the country. To do this, the NAACP conducted the most up-to-date analysis of state racial profiling laws, analyzing these policies to ascertain whether they include the necessary components to make these policies effective and enforceable. This analysis found that: - 20 state laws do not explicitly prohibit racial profiling - 30 states have some form of racial profiling laws on the books - 17 state laws ban the use of pretextual traffic stops - 17 states criminalize violations of their anti-profiling laws - 3 states allow individuals to seek injunctive relief to stop officers or police departments from racial profiling - 17 states require mandatory data collection for all stops and searches; 15 require analysis and publication of racial profiling data - 17 states require the creation of commissions to review and respond to complaints of racial profiling - No states meet all of the NAACP criteria of an effective racial profiling law Born Suspect also focuses on successful efforts in passing legislation in the New York City Council to determine and recommend effective campaign building tools and strategy components for advocates across the country. These include: - Diverse and Strategic Coalition Building that highlights the need for building a campaign collaboratively with all stakeholders and impacted communities - Grassroots Mobilizing and Advocacy that speaks to the need for activating and empowering community members to serve as change agents - Grasstops Advocacy that ensures strategic participation of high-level, well-recognized community leaders, public figures, and opinion makers - Legislative Advocacy that highlights the need to connect voters to their elected official to advocate for the passage of reform bills - Media & Social Media Strategy that describes the importance of a well-planned and well thought out communications plan that relies on both social and traditional media In addition to providing information on state laws and a roadmap for planning a successful anti-racial profiling campaign, Born Suspect also makes several specific recommendations for advocates, including: - Advocating for Passage of the national End Racial Profiling Act (ERPA), first introduced in both houses of the United States Congress in June of 2001. The bill aims to: o Ban racial profiling at all levels of government o Provide provisions for data collection and monitoring o Include enhanced and funded training on racial profiling o Provide for sanctions and remedies for violations of the law - Calling on the Department of Justice to update the Guidance Regarding the Use of Race by Federal Law Enforcement Agencies, first issued in June of 2003. Though a good first step at the time, the Guidance is long overdue for an update to address its many shortcomings. Specifically, the NAACP calls for an updated Guidance to: o Cover profiling based on national origin, religion, sexual orientation, gender, and gender identity o Eliminate loopholes allowing profiling to occur under the guise of "national security" and at US borders o Apply to all federal law enforcement activity, including actions by Immigration and Customs Enforcement (ICE) and by the Transportation Security Administration (TSA) o Apply to every state or local agency receiving funds from, or working in cooperation with, federal law enforcement agencies o Explicitly state that the ban on profiling applies to data collection analysis, assessment, and predicated investigations carried out by law enforcement agencies subject to the DOJ Guidance o Include enforcement mechanisms o Advocate for strengthening existing anti-racial profiling policy or introducing new measures at the state and local levels Born Suspect also provides several other resources for advocates including: - A detailed description of various components of an effective anti-profiling law - A model racial profiling bill - An Action Alert on the End Racial Profiling Act - Components of an effective Civilian Police Review Board - A sample Police Misconduct Incident Documentation Form Details: Baltimore, MD: NAACP, 2014. 81p. Source: Internet Resource: Accessed October 15, 2014 at: http://naacp.3cdn.net/443b9cbc69a3ef1aab_ygfm66yd7.pdf Year: 2014 Country: United States URL: http://naacp.3cdn.net/443b9cbc69a3ef1aab_ygfm66yd7.pdf Shelf Number: 133910 Keywords: Police MisconductRacial Profiling (U.S.)Racial Profiling in Law EnforcementStop-and-Frisk |
Author: American Civil Liberties Union Foundation of Massachusetts Title: Black, Brown and Targeted: A Report on Boston Police Department Street Encounters from 2007-2010 Summary: The Boston Police Department (BPD) has used racially biased policing, as shown by data from reports of 200,000+ encounters between BPD officers and civilians from 2007-2010. According to researchers, the data show that police targeted Blacks in 63.3% of encounters- while Blacks make up less than a quarter of Boston's population. This racial disparity cannot be explained away by BPD efforts to target crime. The researchers' preliminary statistical analysis found that the racial composition of Boston neighborhoods drove police-civilian encounters even after controlling for crime rates and other factors. They also found that Blacks were more likely than whites to be subjected to repeat police-civilian encounters and to be frisked or searched, even after controlling for civilians' alleged gang involvement and history of prior arrest. The bottom line is that race was a significant factor driving the BPD's stop-and-frisk practices Details: Boston: ACLU, 2014. 21p. Source: Internet Resource: Accessed October 15, 2014 at: https://www.aclum.org/sites/all/files/images/education/stopandfrisk/black_brown_and_targeted_online.pdf Year: 2014 Country: United States URL: https://www.aclum.org/sites/all/files/images/education/stopandfrisk/black_brown_and_targeted_online.pdf Shelf Number: 133958 Keywords: Police MisconductRacial Profiling (Boston)Racial Profiling in Law EnforcementStop-and-Frisk |
Author: American Civil Liberties Union of Illinois Title: Stop and Frisk in Chicago Summary: In the past year, the nation's attention has turned to police practices because of high profile killings, including Michael Brown in Ferguson, Missouri, Tamir Rice in Cleveland, Ohio, and Eric Garner in New York. But concerns about policing extend beyond the use of force and into the everyday interactions of police with community members. In black and Latino communities, these everyday interactions are often a "stop and frisk." Under the U.S. Supreme Court decision in Terry v. Ohio, 392 U.S. 1 (1968), officers are allowed to stop you if the officer has reasonable suspicion that you have been, are, or are about to be engaged in criminal activity. Once you are stopped, if an officer has reasonable suspicion that you are dangerous and have a weapon, the officer can frisk you, including ordering you to put your hands on a wall or car, and running his or her hands over your body. This experience is often invasive, humiliating and disturbing. Chicago has failed to train, supervise and monitor law enforcement in minority communities for decades, resulting in a failure to ensure that officers' use of stop and frisk is lawful. This report contains troubling signs that the Chicago Police Department has a current practice of unlawfully using stop and frisk: - Although officers are required to write down the reason for stops, in nearly half of the stops we reviewed, officers either gave an unlawful reason for the stop or failed to provide enough information to justify the stop. - Stop and frisk is disproportionately concentrated in the black community. Black Chicagoans were subjected to 72% of all stops, yet constitute just 32% of the city's population. And, even in majority white police districts, minorities were stopped disproportionately to the number of minority people living in those districts. - Chicago stops a shocking number of people. Last summer, there were more than 250,000 stops that did not lead to an arrest. Comparing stops to population, Chicagoans were stopped more than four times as often as New Yorkers at the height of New York City's stop and frisk practice. In the face of a systemic abuse of this law enforcement practice, Chicago refuses to keep adequate data about its officers' stops. Officers do not identify stops that result in an arrest or ordinance violation, and they do not keep any data on when they frisk someone. This failure to record data makes it impossible for police supervisors, or the public, to identify bad practices and make policy changes to address them. The abuse of stop and frisk is a violation of individual rights, but it also poisons police and community relations. As recognized by the Department of Justice, the "experience of disproportionately being subjected to stops and arrests in violation of the Fourth Amendment shapes black residents' interactions with the [the police], to the detriment of community trust," and "makes the job of delivering police service... more dangerous and less effective." Details: Chicago: ACLU of Illinois, 2015. 23p. Source: Internet Resource: Accessed March 26, 2015 at: http://www.aclu-il.org/wp-content/uploads/2015/03/ACLU_StopandFrisk_6.pdf Year: 2015 Country: United States URL: http://www.aclu-il.org/wp-content/uploads/2015/03/ACLU_StopandFrisk_6.pdf Shelf Number: 135064 Keywords: Police DiscretionPolice-Community Interactions Police-Community Relations Racial DisparitiesRacial Profiling in Law EnforcementStop and Frisk (Illinois)Stop and Search |
Author: Walton, Shamik Title: Zero tolerance policing: an evaluation of the NYPD's use of stop and frisk Summary: In New York City, racial disparities persist in enforcement, primarily because of the NYPD's overreliance on stop and frisk. The racial disparities in the period examined (2008-2012) are consistent with the overall trend from 2003. This trend correlates with the implementation of Operation Impact as a NYPD crime reduction strategy. The policing priorities established at Compstat meetings set the tone for enforcement. As such, Compstat is viewed as a major driver of stop and frisk, especially in impact zones. There are also disparities in the allocation of resources between enforcement and community outreach. Community Policing has shown its effectiveness as a bridge between the community and the police. Community Policing could be incorporated into Compstat to offset the collateral damage of disproportionate policing. Details: Boston: Northeastern University, 2014. 75p. Source: Internet Resource: Dissertation: Accessed April 7, 2015 at: http://iris.lib.neu.edu/dlp_theses/11/ Year: 2014 Country: United States URL: http://iris.lib.neu.edu/dlp_theses/11/ Shelf Number: 135173 Keywords: CompstatPolice DiscretionRacial DisparitiesRacial Profiling in Law EnforcementStop and Frisk (New York City)Zero Tolerance Policing |
Author: O'Neill, Megan Title: The Fife Division (Police Scotland) Stop and Search Pilot Evaluation Summary: In the context of increased attention and scrutiny regarding stop and search in Scotland, the introduction of Police Scotland's stop and search pilot, which aims to improve data recording practices, accountability and community confidence in the use of stop and search, is to be welcomed. Prior to this surprisingly little research or academic attention had been devoted to stop and search in Scotland, save some notable exceptions (see Background, Section 2 below). Police Scotland selected 'P' Division as the pilot site and the pilot was launched in Fife in July 2014, with support being provided by the National Stop and Search Unit. An independent academic evaluation was commissioned at the end of that month, with an expectation that the final report would be delivered in March 2015. Our tender was accepted in August 2014 and we began our work in September 2014, with our researcher arriving in mid-November 2014. We concluded our data collection period in February 2015. The aims of the stop and search pilot in Fife were (see Appendix 1 for a complete list): 1. Improving the data on which stop and search is based. This relates to the use of the stop and search database, crime rates statistics for various relevant offences, and the use of various intelligence analysis software packages. 2. Improving accountability. This includes compliance recording checks, monitoring of crime trends, dip sampling of public satisfaction, learning from complaints against the police, and independent reporting to scrutiny boards. 3. Improving confidence in the use of stop and search. Included here are issuing letters to parents of children stopped and searched; providing advice slips to persons stopped and searched; quality assurance by lay advisory groups; use of local community engagement groups; working with schools, colleges and universities; enhanced training of staff and media and social media exposure. The two main aims of our evaluation of the stop and search pilot in Fife Division were: 1. To assess the process of introducing and implementing the new methods for stop and search in Fife. 2. To assess 2. To assess the extent to which the desired outcomes for the stop and search pilot have been achieved. Details: Edinburgh: University of Dundee and Edinburgh Napier University, 2015. 141p. Source: Internet Resource: Accessed July 13, 2015 at: http://www.sipr.ac.uk/downloads/Stop_and_Search_Pilot_Evaluation_Report.pdf Year: 2015 Country: United Kingdom URL: http://www.sipr.ac.uk/downloads/Stop_and_Search_Pilot_Evaluation_Report.pdf Shelf Number: 136022 Keywords: Police DiscretionRacial Profiling in Law EnforcementStop and Search |
Author: Ross, Matthew B. Title: State of Connecticut Traffic Stop Data Analysis and Findings, 2013-14 Summary: The Alvin W. Penn Racial Profiling Prohibition Act (Public Act 99-198) was first enacted in 1999 and prohibits racial profiling in the State of Connecticut. The law prohibits any law enforcement agency in the state from stopping, detaining, or searching motorists when the stop is motivated solely by considerations of the race, color, ethnicity, age, gender or sexual orientation of that individual (Connecticut General Statutes Sections 54-1l and 54-1m). In 2012 and 2013, the Connecticut General Assembly made several changes to this law to create a system to address concerns regarding racial profiling in Connecticut. In accordance with these changes, police agencies began collecting data pertaining to all traffic stops on October 1, 2013. In 2012, the Racial Profiling Prohibition Project Advisory Board was established to advise the Office of Policy and Management (OPM) in adopting the law's standardized methods and guidelines. The Institute for Municipal and Regional Policy (IMRP) at Central Connecticut State University was tasked to help oversee the design, evaluation, and management of the racial profiling study mandated by Public Act No. 12-74 and Public Act No. 13-75, "An Act Concerning Traffic Stop Information." The project staff worked with the state's Criminal Justice Information System (CJIS) to develop a system to collect consistent and universal traffic stop information and submit it to CJIS electronically on a monthly basis. The project staff enlisted the Connecticut Economic Resource Center, Inc. (CERC) to recommend and conduct an advanced statistical analysis of the data once the data collection system had been deemed to be operating sufficiently. The authors from CERC applied the statistical tests presented in Sections V and VI of the report. In addition, CERC developed and applied the peer group analysis presented along with the other descriptive measures in Section IV. The authors from IMRP conducted the analyses contained in Section IV of the report on the estimated driving population, resident only stops and state average. The body of the report represents collaboration between members from both organizations. The statistical evaluation of policing data in Connecticut is an important step towards developing a transparent dialogue between law enforcement and the public at large. The release of this report is evidence that Connecticut is well positioned to lead the nation in addressing the issue of racial profiling and increasing trust between the public and law enforcement. Although the analysis and findings presented in this report were conducted through a collaboration between IMRP and CERC, the ability to conduct such an analysis is primarily attributable to the efforts of state policy makers and the Racial Profiling Prohibition Project Advisory Board. The advisory board brought a variety of perspectives to the conversation and included members from Connecticut state government, state and local police, researchers, and civil rights advocacy groups. There are a total of 92 municipal police departments: 29 departments employing more than 50 officers, 50 employing between 20 and 50 officers, and 13 with fewer than 20 officers. State police are comprised of 13 distinct troops. Although there are an additional 81 jurisdictions that do not have organized police departments and are provided police services by the state police, either directly or through provision of resident troopers, these stops were categorized with their overarching state police troops. Additionally, a total of 13 special agencies have the authority to conduct traffic stops. This report presents the results from an analysis of the 620,000 traffic stops conducted by the aforementioned agencies during the 12-month study period from October 1, 2013 through September 30, 2014. Details: New Britain, CT: Central Connecticut State University, Institute for Municipal and Regional Policy, 2015. 143p. Source: Internet Resource: Accessed July 15, 2015 at: http://s429795233.onlinehome.us/reports/ Year: 2015 Country: United States URL: http://s429795233.onlinehome.us/reports/ Shelf Number: 136055 Keywords: Racial Profiling in Law EnforcementStop and SearchTraffic Enforcement |
Author: Johnson, Kevin R. Title: Race-Based Law Enforcement: The Racially Disparate Impacts of Crimmigration Law Summary: This Essay was prepared for the Case Western Law Review's symposium on the 20th anniversary of the Supreme Court's decision in Whren v. United States, 517 U.S. 806 (1996). Racially-charged encounters with the police regularly make the national news. Local law enforcement officers also have at various times victimized immigrants of color. For example, New York City Department (NYPD) officers in 1999 killed Amadou Diallo, an unarmed immigrant from Guinea, in a hail of gunfire; two years earlier, officers had tortured Haitian immigrant Abner Louima at a NYPD police station. Both victims were Black, which no doubt contributed to the violence. In less spectacular fashion, police on the beat by many accounts regularly engage in racial profiling in traffic stops of U.S. citizens and noncitizens of color. Removals of "criminal aliens" have been the cornerstone of the Obama administration's immigration enforcement strategy. Well-publicized increases in the number of removals of immigrants also have been the centerpiece of President Obama's political efforts to persuade Congress to pass a comprehensive immigration reform package. The hope behind the aggressive enforcement strategy has been to convince Congress that this is the time to enact comprehensive immigration reform. In the last few years, a body of what has been denominated "crimmigration" scholarship has emerged that critically examines the growing confluence of the criminal justice system and the immigration removal machinery in the United States. That body of work tends to direct attention to the unfairness to immigrants, as well as their families, of the increasing criminalization of immigration law and its enforcement. This Essay agrees with the general thrust of the crimmigration criticism, but contends that it does not go far enough. Namely, the emerging scholarship in this genre fails to critically assess the dominant role that race plays in modern law enforcement and how its racial impacts are exacerbated by the operation of a federal immigration removal process that consciously targets "criminal aliens." Part I of this Essay considers parallel developments in the law: (1) the Supreme Court's implicit sanctioning of race-conscious law enforcement in the United States, with the centerpiece of this symposium, Whren v. United States, the most well-known example; and (2) the trend over at least the last twenty years toward increased cooperation between state and local law enforcement agencies and federal immigration authorities. Part II specifically demonstrates how criminal prosecutions influenced by police reliance on race necessarily lead to the racially disparate removal rates experienced in the modern United States. Part III discusses how some state and local governments have pushed back on cooperation with federal immigration authorities, with effective community police practices being an important policy rationale invoked by local law enforcement for that resistance. Part III of this Essay further contends that more attention should be paid to the racially disparate impacts of linking immigration removals to the outcomes of a racially-tainted criminal justice system. It further sketches some modest reforms to the U.S. immigration laws that might tend to blunt, rather than magnify, some of these racial impacts. Details: Davis, CA: University of California, Davis, School of Law, 2015. 36p. Source: Internet Resource: UC Davis Legal Studies Research Paper No. 437: Accessed August 25, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2640755 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2640755 Shelf Number: 136571 Keywords: CrimmigrationIllegal ImmigrantsImmigration EnforcementImmigration ReformRacial DisparitiesRacial Profiling in Law Enforcement |
Author: Fagan, Jeffrey Title: Stops and Stares: Street Stops, Surveillance and Race in the New Policing Summary: The use of proactive tactics to disrupt criminal activities, such as Terry street stops and concentrated misdemeanor arrests, are essential to the "new policing." This model applies complex metrics, strong management, and aggressive enforcement and surveillance to focus policing on high crime risk persons and places. The tactics endemic to the "new policing" gave rise in the 1990s to popular, legal, political and social science concerns about disparate treatment of minority groups in their everyday encounters with law enforcement. Empirical evidence showed that minorities were indeed stopped and arrested more frequently than similarly situated whites, even when controlling for local social and crime conditions. In this article, we examine racial disparities under a unique configuration of the street stop prong of the "new policing" - the inclusion of non-contact observations (or surveillances) in the field interrogation (or investigative stop) activity of Boston Police Department officers. We show that Boston Police officers focus significant portions of their field investigation activity in two areas: suspected and actual gang members, and the city's high crime areas. Minority neighborhoods experience higher levels of field interrogation and surveillance activity net of crime and other social factors. Relative to white suspects, Black suspects are more likely to be observed, interrogated, and frisked or searched controlling for gang membership and prior arrest history. Moreover, relative to their black counterparts, white police officers conduct high numbers of field investigations and are more likely to frisk/search subjects of all races. We distinguish between preference-based and statistical discrimination by comparing stops by officer-suspect racial pairs. If officer activity is independent of officer race, we would infer that disproportionate stops of minorities reflect statistical discrimination. We show instead that officers seem more likely to investigate and frisk or search a minority suspect if officer and suspect race differ. We locate these results in the broader tensions of racial profiling that pose recurring social and constitutional concerns in the "new policing." Details: New York: Columbia Law School, Public Law & Legal Theory Working Paper Group, 2015. 73p. Source: Internet Resource: Columbia Public Law Research Paper No. 14-479 : Accessed September 5, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650154 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2650154 Shelf Number: 136685 Keywords: Racial DiscriminationRacial ProfilingRacial Profiling in Law EnforcementStop and SearchSurveillance |
Author: American Civil Liberties Union of New Jersey Title: Selective Policing: Racially Disparate Enforcement of Low-Level Offenses in New Jersey Summary: Police departments across the country increasingly have come to rely on the aggressive enforcement of low-level offenses to maintain social order and deter more serious crimes. Such a strategy involves the exercise of unfettered discretion by individual police officers. They decide whether and when to make arrests for minor misbehaviors that pose little or no harm to the community. This can lead to the uneven enforcement of low-level offenses, which falls disproportionately on Black and Latino communities. understand the impact such arrests have on communities of color, and implement the appropriate changes. The origins of this report stem from a 2013 American Civil Liberties Union national study of racial disparities in the context of marijuana possession arrests. That report found that Blacks in New Jersey were nearly three times more likely to be arrested than Whites. The American Civil Liberties Union of New Jersey decided to further examine those findings by taking a closer look at the arrests for numerous low-level offenses, specifically disorderly conduct; defiant trespass; loitering; and marijuana possession. We examined the most recent data available from police departments in four cities. The cities were chosen to reflect New Jersey's diversity in population density, demographics, and geographic location. The four cities are Jersey City, Elizabeth, New Brunswick, and Millville. The results of the study demonstrate a pattern of racially disparate enforcement practices in all four cities. In each case, the study identified extreme racial disparities in the number of arrests of Black and White people for low-level offenses. We were unable to gauge the full extent of the disparities because of serious flaws in the data collection practices of each police department. Key findings from the report: - Racial disparities between Black and White arrests exist in every city studied. For the most recent years available, the data show Blacks in Jersey City are 9.6 times more likely to be arrested than Whites for the low-level offenses studied. In Millville, it's 6.3 times more likely; in Elizabeth, it's 3.4 times more likely; and in New Brunswick, 2.6 times more likely. - Racial disparities between Hispanic/Latino and White arrests are present where data are available. Arrest data for Hispanics/Latinos are not kept in a consistent manner from jurisdiction to jurisdiction. Where data were available, however, the study found disparities. For example, for the most recent years available, in Jersey City, Hispanics/Latinos were 2.9 times more likely to be arrested than Whites for the offenses studied. In Millville, Hispanics/Latinos were 6.3 times more likely to be arrested for marijuana possession. - Some law enforcement agencies do not track Hispanic/Latino data. For example, the Elizabeth Police Department does not track Hispanic/Latino arrests, despite serving a population that is 60% Hispanic/Latino. - Police departments are not keeping records in accessible, reliable formats. Some departments were simply missing arrest data for several years. Haphazard record keeping was evident in all four police departments. Jersey City, for example, conducted a hand count of its arrest records for 2011 and discovered significantly more marijuana possession arrests than were found by a computer search. The lack of accurate, reliable records makes evaluating the departments' practices difficult (sometimes impossible), hindering transparency and accountability. - Individuals charged with low-level offenses are generally not involved in serious crimes. For example, 95% of the low-level arrests in Jersey City did not involve any other offense classified as "serious" by the FBI's Uniform Crime Report. Because the study focused on low-level offenses, arrests that included charges for more serious offenses were excluded from the analyses. The study data revealed a clear pattern of Black and Hispanic/Latino communities disproportionately bearing the brunt of policing practices that focus on a strict enforcement of low-level offenses. The human cost of these arrests and convictions can include having to pay court costs and fines; criminal records that follow individuals for the rest of their lives; and the loss of income, housing, child custody, or immigration status. In extreme cases, a confrontation with police over a low-level offense can escalate into an episode of violence. Almost as troubling as the revelations about the disparity in the number of arrests, is the routine lack of diligence in record keeping and the haphazard collection of enforcement data. Without full, careful, and transparent reporting of the arrests made by a city's police department, the public cannot be adequately informed about the work of the department; the community cannot hold officials accountable for the actions being taken; and the police departments cannot determine the effectiveness of its policing strategies. Despite incomplete data from the police departments due to breakdowns in their reporting practices, a clear picture emerged. The effort to fight crime with an aggressive strategy of arresting people for low-level offenses served mainly to create unacceptable disparities in the number of Blacks and Hispanics/Latinos arrested. The racial disparities uncovered by this study are deeply troubling and call for immediate action to identify their causes. Only then can law enforcement agencies begin to understand the impact such arrests have on communities of color, and implement the appropriate changes. Details: Newark, NJ: ACLU of New Jersey, 2015. 106p. Source: Internet Resource: Accessed January 26, 2016 at: https://www.aclu-nj.org/files/7214/5070/6701/2015_12_21_aclunj_select_enf.pdf Year: 2015 Country: United States URL: https://www.aclu-nj.org/files/7214/5070/6701/2015_12_21_aclunj_select_enf.pdf Shelf Number: 137658 Keywords: Minority GroupsPolice DiscretionRacial DisparitiesRacial Profiling in Law Enforcement |
Author: Vagle, Jeffrey L. Title: Tightening the OODA Loop: Police Militarization, Race, and Algorithmic Surveillance Summary: This Article examines the role military automated surveillance and intelligence systems and techniques have supported a self-reinforcing racial bias when used by civilian police departments to enhance predictive policing programs. I will focus on two facets of this problem. First, my research will take an inside-out perspective, studying the role played by advanced military technologies and methods within civilian police departments, and how they have enabled a new focus on deterrence and crime prevention by creating a system of structural surveillance where decision support relies increasingly upon algorithms and automated data analysis tools, and which automates de facto penalization and containment based on race. Second, I will explore these systems - and their effects - from an outside-in perspective, paying particular attention to racial, societal, economic, and geographic factors that play into the public perception of these policing regimes. I will conclude by proposing potential solutions to this problem, which incorporate tests for racial bias to create an alternative system that follows a true community policing model. Details: Philadelphia: University of Pennsylvania, 2016. 54p. Source: Internet Resource: U of Penn Law School, Public Law Research Paper No. 16-9 : Accessed March 14, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2737451 Year: 2016 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2737451 Shelf Number: 138214 Keywords: Broken Windows TheoryCommunity PolicingLaw EnforcementPolice MilitarizationPredictive PolicingRacial BiasRacial Profiling in Law Enforcement |
Author: ArchCity Defenders Title: It's Not Just Ferguson: Missouri Supreme Court Should Consolidate the Municipal Court System Summary: The Missouri Supreme Court's unprecedented decision to take control of Ferguson's Municipal Court was based primarily on issues raised during sustained protest following the killing of Mike Brown and reports published by ArchCity Defenders and the Department of Justice. These reports highlighted racial disparity in traffic stops, excessive revenue generation, and excessive warrants and arrests and confirmed the lived experiences of poor and Black people in St. Louis: there is a racially discriminatory and profit-driven approach to law enforcement made possible only by the collaborative efforts of local government, police, and courts. These condemned practices are not unique to Ferguson. Rather, many St. Louis municipalities are demonstrably worse than Ferguson with respect to the highlighted factors. And while there have been legal victories in the past year, new legislation, and the sustained efforts of the Black Lives Matter movement, the Supreme Court should seize the opportunity to bring meaningful and transformative change to the region by following the recommendation of the Ferguson Commission, ArchCity Defenders, SLU Law Legal Clinics, Better Together, Missourians Organizing for Reform and Empowerment, and the Organization for Black Struggle: Order the consolidation of our 81 courts into a full-time, professional regional court system. Details: St. Louis, MO: ArchCity Defenders, 2016. 16p. Source: Internet Resource: Accessed March 14, 2016 at: http://www.archcitydefenders.org/wp-content/uploads/2014/07/Its-Not-Just-Ferguson-Consolidate-the-Municipal-Courts.pdf Year: 2016 Country: United States URL: http://www.archcitydefenders.org/wp-content/uploads/2014/07/Its-Not-Just-Ferguson-Consolidate-the-Municipal-Courts.pdf Shelf Number: 138220 Keywords: Municipal CourtsRacial BiasRacial DiscriminationRacial Profiling in Law Enforcement |
Author: Taniguchi, Travis A. Title: A test of racial disproportionality in traffic stops conducted by the Raleigh Police Department Summary: Recent research has raised questions regarding the Raleigh Police Department's (RPD) use of race as a proxy for criminal behavior. News reports going back to 2000 make claims of racial bias based on the disparity between the racial composition of stopped motorists and the racial composition of the city (Associated Press, 2000). Critically, these kinds of analyses typically use census population estimates to establish a benchmark for the driving population. Census estimates, however, demonstrate only where people reside and serve as a poor proxy for the actual driving population. Therefore, census population cannot accurately measure the population at risk (i.e., the driving population that is likely to be involved in a traffic stop). RTI International conducted a series of analyses to address this methodological limitation. This research was funded internally by RTI to serve the community and to contribute to a growing body of scientific research on this topic. Details: Research Triangle Park, NC: RTI International, 2016. 6p. Source: Internet Resource: Accessed March 17, 2016 at: http://www.rti.org/pubs/vod_raleigh_final.pdf Year: 2016 Country: United States URL: http://www.rti.org/pubs/vod_raleigh_final.pdf Shelf Number: 138322 Keywords: Racial BiasRacial ProfilingRacial Profiling in Law EnforcementStop and SearchTraffic Stops |
Author: Taniguchi, Travis A. Title: Exploring racial disproportionality in traffic stops conducted by the Durham Police Department Summary: Recent research has generated questions regarding the Durham Police Department's (DPD) use of race as a proxy for criminal behavior. For example, Baumgartner and Epp's (2012) analysis of DPD traffic stop data suggested racial bias in traffic enforcement. Critically, Baumgartner and Epp used census population estimates to establish a benchmark for the driving population. Census estimates, however, demonstrate only where people reside and therefore serve as a poor proxy for the actual driving population. The DPD, in an effort to promote transparency and achieve an improved understanding of its operations and their impact on the community, provided RTI International with access to 6 years of traffic stop data. In turn, RTI proposed a series of analyses that would address the methodological limitations noted above. This research was funded internally by RTI to serve the community and to contribute to a growing body of scientific research on this topic. The study was conducted independently, and the DPD provided no financial support for the project. Details: Research Triangle Park, NC: RTI International, 2016. 23p. Source: Internet Resource: Accessed March 17, 2016 at: http://www.rti.org/pubs/vod_durham_final.pdf Year: 2016 Country: United States URL: http://www.rti.org/pubs/vod_durham_final.pdf Shelf Number: 138323 Keywords: Racial BiasRacial Profiling Racial Profiling in Law Enforcement Stop and Search Traffic Stops |
Author: Taniguchi, Travis A. Title: A test of racial disproportionality in traffic stops conducted by the Fayetteville Police Department Summary: Recent research has generated questions regarding the Fayetteville Police Department's (FPD) use of race as a proxy for criminal behavior. A recent New York Times article highlighted the racial disproportionality in traffic stops in both Greensboro and Fayetteville (LaFraniere & Lehren, 2015). Critically, these kinds of analyses typically use census population estimates to establish a benchmark for the driving population. Census estimates, however, demonstrate only where people reside and serve as a poor proxy for the actual driving population. Therefore, census population cannot accurately measure the population at risk (i.e., the driving population that is likely to be involved in a traffic stop). RTI International conducted a series of analyses to address this methodological limitation. This research was funded internally by RTI to serve the community and to contribute to a growing body of scientific research on this topic. Details: Research Triangle Park, NC: RTI International, 2016. 5p. Source: Internet Resource: Accessed March 17, 2016 at: http://www.rti.org/pubs/vod_fayetteville_final.pdf Year: 2016 Country: United States URL: http://www.rti.org/pubs/vod_fayetteville_final.pdf Shelf Number: 138324 Keywords: Racial BiasRacial Profiling Racial Profiling in Law Enforcement Stop and Search Traffic Stops |
Author: Taniguchi, Travis A. Title: A test of racial disproportionality in traffic stops conducted by the Greensboro Police Department Summary: Recent research has generated questions regarding the Greensboro Police Department's (GPD) use of race as a proxy for criminal behavior. For example, a recent New York Times article highlighted the racial disproportionality in traffic stops in Greensboro (LaFraniere & Lehren, 2015). Critically, these kinds of analyses typically use census population estimates to establish a benchmark for the driving population. Census estimates, however, demonstrate only where people reside and serve as a poor proxy for the actual driving population. Therefore, census population cannot accurately measure the population at risk (i.e., the driving population that is likely to be involved in a traffic stop). RTI International conducted a series of analyses to address this methodological limitation. This research was funded internally by RTI to serve the community and to contribute to a growing body of scientific research on this topic. Details: Research Triangle Park, NC: RTI International, 2016. 6p. Source: Internet Resource: Accessed March 17, 2016 at: http://www.rti.org/pubs/vod_greensboro_final.pdf Year: 2016 Country: United States URL: http://www.rti.org/pubs/vod_greensboro_final.pdf Shelf Number: 138325 Keywords: Racial BiasRacial Profiling Racial Profiling in Law Enforcement Stop and Search Traffic Stops |
Author: East Bay Community Law Center Title: Stopped, Fined, Arrested: Racial Bias in Policing and Traffic Courts in California Summary: Across the country, low-income people who commit minor offenses are saddled with fines, fees and penalties that pile up, driving them deeper into poverty. What's worse, they are arrested and jailed for nonpayment, increasing the risk of losing their jobs or their homes. Stopped, Fined, Arrested - Racial Bias in Policing and Traffic Courts in California brings to light a disturbing truth that remains ever present in the lives of Californians: there are dramatic racial and socioeconomic disparities in driver's license suspensions and arrests related to unpaid traffic fines and fees. Public records from the California Department of Motor Vehicles and U.S. Census data demonstrate that in primarily Black and Latino communities, driver's license suspension rates range as high as five times the state average. Moreover, data collected from 15 police and sheriff's departments across California show that Black motorists are far more likely to be arrested for driving with a suspended license for failure to pay an infraction citation than White motorists. Never before has this volume of data been available for the public to analyze. This new data and interactive maps show: - Rates of driver's license suspensions due to a failure to appear or pay a ticket are directly correlated with poverty indicators and with race. The highest suspension rates are found in neighborhoods with high poverty rates and high percentages of Black or Latino residents. - The Bay View/Hunter's Point neighborhood in San Francisco, zip code 94124, has a relatively high rate of poverty (23.5%), the highest percentage of Black residents in San Francisco (35.8%) and a suspension rate of 6.7%, more than three times the state average. Neighboring zip code 94123, which includes the Marina District, has a substantially lower poverty rate (5.9%), a low percentage of Black residents (1.5%) and a suspension rate five times below the state average (0.4%.). - Black and Latino motorists are disproportionately arrested for driving with a suspended license and for warrants for failure to appear or pay on an infraction citation. - In the City and County of San Francisco, the population is 5.8% Black, yet 48.7% of arrests for a "failure to appear/pay" traffic court warrant are of Black drivers (over-represented by 8.4x). White people are 41.2% of San Francisco's residents, yet only 22.7% of those arrested for driving with a suspended license (underrepresented by 0.6x). - In Los Angeles County, Black people are 9.2% of the population yet 33% of those arrested for driving with a suspended license (over-represented by 3.6x). White people are 26.8% of the county's residents, yet only 14.8% of those arrested for driving with a suspended license (under-represented by 0.6x). Stopped, Fined, Arrested situates license suspensions and arrests in the broader context of systemic racial bias in policing and courts, and builds upon the findings of our first report, which showed the harsher impacts that low-income people face in California's "pay-to-play" justice system. Stopped, Fined, Arrested also highlights the immediate and long-lasting detrimental impacts of these current policies and practices on California's residents, families, communities, economy and public trust in law enforcement and the courts. From income and job loss to reduced health, psychological harm and family separation, arrests and incarceration due to unpaid infraction debt carries significant collateral consequences that burden California's economy and judicial system while doing very little to further public safety or the interests of justice. Over-policing, license suspensions and the subsequent arrests due to inability to pay come at a great cost to our state's resources, to public safety, to the fair administration of justice and, as this report documents, to people and communities across the state. These great costs demand comprehensive changes to California's court system and policing policies. Details: s.l.: East Bay Community Law Center, Bank on the Road, 2016. 52p. Source: Internet Resource: Accessed April 14, 2016 at: http://ebclc.org/wp-content/uploads/2016/04/Stopped_Fined_Arrested_BOTRCA.pdf Year: 2016 Country: United States URL: http://ebclc.org/wp-content/uploads/2016/04/Stopped_Fined_Arrested_BOTRCA.pdf Shelf Number: 138682 Keywords: Police DiscretionRacial BiasRacial DiscriminationRacial ProfilingRacial Profiling in Law EnforcementTraffic Offenses |
Author: Denbeaux, Mark P. Title: Racial Profiling Report: Bloomfield Police and Bloomfield Municipal Court Summary: Seton Hall Law School's Center for Policy & Research selected Bloomfield, New Jersey as a setting for a study of potential racial profiling in its police practices. The results revealed a persistent and disproportionate representation of African Americans and Latinos in the courtroom as compared to their representation in either Bloomfield itself or in the State of New Jersey. Bloomfield, New Jersey is, in many ways, demographically representative of New Jersey itself. According to the most recent census data available, its population of 47,315 is roughly 60% white, 18.5% African American, and 24.5% Latino. In comparison, New Jersey's population is 68.6% white, 13.7% African American, and 17.7% Latino. Bloomfield is ringed on the north, east and west by towns that resemble its demographic makeup. Bloomfield's southern border, however, is a different story: Newark is 26.3% white, 52.3% African American and 33.8% Latino; East Orange is 4% white, 88.5% African American and 7.9% Latino. The study entailed hundreds of observations of court appearances for traffic offenses and a small number of other minor offenses in Bloomfield Municipal Court, conducted by a team of trained Seton Hall Law School students for 70 hours over the course of a month. Students also scrutinized a database of 9,715 tickets issued to unique drivers in Bloomfield during a 12-month period immediately preceding the courtroom observations. The individuals with Spanish surnames who were cited in the Bloomfield ticket database closely approximated the Latino percentage observed in court appearances. Given the demographics of both Bloomfield and New Jersey generally, the expected representation in the courtroom would have been around 60% white. Strikingly, the observers reported the inverse, plus: instead of 60% white, African-Americans and Latinos accounted for an astounding 78% of court appearances (43% African American, 35% Latino, 20% White, and 2% other) (n=799). Remarkably, this racial disproportion was found not only across the board but in various subgroupings - including Bloomfield itself whose African American and Latino residents accounted for 73% of Bloomfield residents observed before the court, as compared with only 24% white. Similarly, a racial disproportion in ticketing also existed across the five predominantly white border towns. Although the numbers are small (n=39), 64% of those with residences in the predominantly white border towns were African American or Latino while only 33% were white. Much of the explanation for the racial distribution of tickets is undoubtedly due to the issuance of citations to residents of the cities of Newark and East Orange. The borders of these cities with Bloomfield were overwhelmingly targeted by the Bloomfield Police. To determine areas of police targeting, the database of tickets from the year immediately prior to the observation aspect of the study, was also analyzed for patrolling patterns. Where it could be determined where the traffic stop occurred (which was in some 67% of the cases), the overwhelming majority -- 88.33% -- were in the third of Bloomfield nearest to Newark and East Orange. Added to the courtroom observation data showing a greatly disproportionate number of tickets issued to African Americans and Latinos (78%), this pattern of citations compels the conclusion that African Americans and Latinos are, collectively, Bloomfield Police's target group. Indeed, Bloomfield Police policing patterns suggest a de facto "border patrol." By plotting out ticket incidence and frequency, one can see what essentially amounts to a "wall" of police erected against the Newark and East Orange border areas and their predominantly African American and Latino residents. This pattern of police citations also resulted in a dramatic subsidy of Bloomfield by African American and Latinos, in large part from residents of Newark and East Orange. For each individual charged, the average cost was $137 plus any surcharges imposed. That suggests that, for African Americans and Latinos, as a group, 7,566 tickets and a total paid to Bloomfield Municipal Court of more than $1,000,000. From the residents of East Orange and Newark who, at 29% of the observed total, received 2,910 tickets, Bloomfield Municipal Court would have received nearly $400,000. The annual budget of the Court is about $500,000, suggesting a substantial "profit" from this pattern of law enforcement, most of it from nonresidents of Bloomfield, and heavily weighted on the backs of African Americans and Latinos as a group. Perhaps not coincidentally, the Municipal Court's budgeted salaries were projected to have more than doubled in 2015, from $350,600 in 2014 to an estimated $760,794 in 2015. Details: Newark, NJ: Seton Hall University School of Law, Center for Policy and Research, 2016. 28p. Source: Internet Resource: Accessed April 20, 2016 at: Year: 2016 Country: United States URL: Shelf Number: 138701 Keywords: Bias Racial DisparitiesRacial ProfilingRacial Profiling in Law EnforcementRacismTraffic Stops |
Author: Association of the Bar of the City of New York Title: Report on the NYPD's Stop-and-Frisk Policy Summary: The New York Police Department's (NYPD) - stop, question and frisk- policy has been a major, highly controversial feature of policing under the Administration of Mayor Michael Bloomberg. The exponential growth in the use of this tactic during the first decade of Bloomberg's mayoralty has resulted in nearly five million stops, a stark increase from its prior use. The number of reported stops grew from 97,296 in 2002 to 685,724 in 2011, before drop-ping to 533,042 in 2012. Mayor Michael Bloomberg and Police Commissioner Raymond Kelly laud the stop-and-frisk policy as a significant component of the City's successful effort to reduce violent crime, a means of keeping guns off the street and improving the quality of life in the neighborhoods most affected by crime. Indeed, through a variety of strategies, the crime rate in the City has been reduced substantially over the past 20 years. Indeed, the police must be able to stop and frisk individuals as a crime-fighting strategy, within the limits set by law. However, the stop and frisk policy has raised a number of important concerns: - Only approximately 6% of the stops have resulted in arrests and approximately 2% in the recovery of weapons. Thus, the overwhelming majority of stops result in no discovery of wrongdoing. This is the case even though the law permits the police to make such stops only if they - reasonably suspect- that the person is committing, has committed, or is about to commit a crime, and may only frisk a person who has already been stopped legally if they reasonably believe that the person is armed. These data, plus extensive anecdotal evidence, suggest that many stops may not be justified under federal and state constitutional protection from unreasonable searches and seizures. In addition, many of the arrests occur under questionable circumstances, such as when people are asked to remove marijuana from their pockets and then arrested for possessing marijuana - in public view. - Eighty-five percent of those stopped are black and Latino, and are overwhelmingly male. While the NYPD asserts that is understandable because most of the criminal activity is in neighborhoods with predominantly black and Latino populations, the data suggest that even controlling for neighborhood demographics, black and Latino individuals are stopped more often. The policy has engendered substantial opposition, with those opposed saying it not only violates the rights of many of those stopped but also stigmatizes a substantial segment of the population and further alienates and marginalizes young black and Latino men who face ever more difficult hurdles in progressing within society. In addition, the policy engenders distrust in the affected communities, and the mutual disrespect between the police and the younger generation in those communities undermines confidence in how the police go about their vital work. Details: New York: The Bar Association, 2013. 24p. Source: Internet Resource: Accessed May 6, 2016 at: http://www2.nycbar.org/pdf/report/uploads/20072495-StopFriskReport.pdf Year: 2013 Country: United States URL: http://www2.nycbar.org/pdf/report/uploads/20072495-StopFriskReport.pdf Shelf Number: 138964 Keywords: Police Discretion Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk (New York City) Zero Tolerance Policing |
Author: Hetey, Rebecca C. Title: Data for Change: A Statistical Analysis of Police Stops, Searches, Handcuffings, and Arrests in Oakland, Calif., 2013-2014 Summary: Law enforcement agencies across the United States are facing claims that they discriminate against community members of color. Inquiries into these claims often involve analyzing data from police stops. These so-called stop data reports typically take one of two approaches: either attack the agency for intentional racism, or deny the presence of racial disparities altogether. Yet neither of these approaches has yielded adequate progress toward many agencies' mission of serving their communities with fairness and respect. Taking a different approach, the City of Oakland engaged our team of Stanford social psychologists to examine relations between the Oakland Police Department (OPD) and the Oakland community, and then to develop evidence-based remedies for any racial disparities we might find. Racial disparities in policing likely have many causes. To examine these causes, our team has undertaken five research initiatives. We describe our research methods, findings, and recommendations in Strategies for Change: Research Initiatives and Recommendations To Improve Police-Community Relations in Oakland, Calif. We provide a technical report of our main research initiative, a thorough analysis of OPD stop data, in Data for Change: A Statistical Analysis of Police Stops, Searches, Handcuffings, and Arrests in Oakland, Calif., 2013-2014. Across our research programs, we indeed uncovered evidence that OPD officers treat people of different races differently. At the same time, we found little evidence that these racial disparities arose from overt bias or purposeful discrimination. Instead, our research suggests that many subtle and unexamined cultural norms, beliefs, and practices sustain disparate outcomes. Our findings also suggest 50 evidence-based actions that agencies can take to change department cultures and strengthen police-community ties. Below, we highlight some of our research initiatives, findings, and recommendations for improving police-community relations in Oakland and other U.S. cities. Below, we highlight some of our research initiatives, findings, and recommendations for improving police-community relations in Oakland and other parts of the U.S. The 5 Research Initiatives - Statistical analyses of stop data from 28,119 forms that 510 OPD officers filed after stopping drivers and pedestrians in Oakland, Calif., between April 1, 2013 and April 30, 2014 (for a summary, see Chapter 1 of Strategies for Change; for the technical report, see Data for Change); - Development of computational tools to analyze linguistic data from body-worn cameras (BWCs) and, using these tools, analyses of some 157,000 words spoken by OPD officers during 380 stops in April of 2014 (see Chapter 2 of Strategies for Change); - Development of computational tools to analyze written narratives from police stop data forms, and, using these tools as well as human experts, analyses of some 1,000 OPD officer narratives from April of 2014 (see Chapter 3 of Strategies for Change); - Two surveys of 416 Oakland community members regarding their attitudes toward and experiences with OPD officers (see Chapter 4 of Strategies for Change); - Development and evaluation of implicit bias and procedural justice training modules with 675 OPD officers (see Chapter 5 of Strategies for Change). Key Findings - OPD officers stopped, searched, handcuffed, and arrested more African Americans than Whites, a finding that remained significant even after we controlled for neighborhood crime rates and demographics; officer race, gender, and experience; and other factors that shape police actions; - Some 60% of OPD stops were of African Americans, who make up 28% of Oakland's population; - Of OPD officers making at least one stop during the 13-month period of study: - Only 20% stopped a White person, while 96% stopped an African American person; - Only 26% handcuffed a White person, while 72% handcuffed an African American person (excluding arrests); - Only 23% conducted a discretionary search of a White person, while 65% conducted a discretionary search of an African American person; - When OPD officers could identify the community member's race before a stop, they were much more likely to stop an African American, as compared to when officers could not identify the community member's race; - With African Americans, OPD officers used more severe legal language (e.g., mentioned probation, parole, and arrest) and offered fewer explanations for the stop than with Whites; - In police-initiated interactions, African American and Hispanic Oakland residents felt more disrespected and misunderstood than did White and Asian Oakland residents. Select Recommendations - Our findings suggest the OPD has a culture where officers stop, search, handcuff, and arrest more African Americans than Whites. We suspect many other law enforcement agencies have similar cultures. In Strategies for Change, we thus recommend the OPD and other agencies regularly review their policies, practices, and procedures for evidence of disparate outcomes. - As our findings reveal that less-experienced officers show more racial disparities in their stops, better training of new officers could likely reduce the degree of these disparities. To this end, Strategies for Change presents several recommendations for how to improve officer training. - Although the OPD collects copious amounts of data, few measures track the OPD's relationship with the community. In Strategies for Change, we thus recommend several actions that the OPD and other law enforcement agencies can take to measure what matters most. - More broadly, we observe that many law enforcement agencies do not fully embrace data because they view it as evidence that could be used against them, rather than as feedback about what is or is not working, and why. In Strategies for Change, we recommend more than a dozen actions that the OPD and other law enforcement agencies can take to better leverage data. Details: Palo Alto, CA: Stanford University, SPARQ: Social Psychological Answers to Real-world Questions, 2016. 298p. Source: Internet Resource: Accessed July 21, 2016 at: https://sparq.stanford.edu/data-for-change Year: 2016 Country: United States URL: https://sparq.stanford.edu/data-for-change Shelf Number: 139753 Keywords: Police LegitimacyPolice-Citizen InteractionsPolice-Community RelationsRacial Profiling in Law EnforcementStop and Search |
Author: San Francisco. Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement Title: Report of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement Summary: The Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement (the Panel) was established as an advisory body to the San Francisco District Attorney in May 2015 in the wake of revelations that 14 San Francisco Police Department (SFPD) officers had exchanged numerous racist and homophobic text messages. The text messages-milder examples of which included statements such as "Cross burning lowers blood pressure! I did the test myself!" and "I still hate black people" - expressed blatant hostility toward and mocked people of color - including SFPD officers - and insulted lesbian, gay, bisexual, and transgender (LGBT) people. The Panel was tasked with answering the critical and obvious question that the text-messaging scandal raised and - to the Panel's knowledge - no other city agency had investigated: Was the racial and homophobic bias so clearly demonstrated by the offensive texts a reflection of institutionalized bias within the SFPD and, if so, to what extent? Over a one-year period, the Panel examined a number of different aspects of the SFPD to try to develop a comprehensive understanding of the issue, interviewing more than 100 witnesses and reviewing thousands of public documents. The result is this report. Its findings and recommendations strive to give credit where credit is due, but point to several unmistakable conclusions: the SFPD is in need of greater transparency; lacks robust oversight; must rebuild trust with the communities it serves; and should pay greater attention to issues of bias against people of color, both officers and members of the public. In short, the Panel concludes that the SFPD is in urgent need of important reforms. Details: San Francisco: The Panel, 2016. 249p. Source: Internet Resource: Accessed July 21, 2016 at: http://sfdistrictattorney.org/sites/default/files/Document/BRP_report.pdf Year: 2016 Country: United States URL: http://sfdistrictattorney.org/sites/default/files/Document/BRP_report.pdf Shelf Number: 139754 Keywords: Police AccountabilityPolice LegitimacyPolice-Citizen InteractionsPolice-Community RelationsRacial Profiling in law EnforcementStop and Search |
Author: Ragany, Meghan Title: Racial Disparity in Marijuana Policing in New Orleans Summary: In national research, self-reported marijuana use is similar across races, but in New Orleans, black people are disproportionately arrested for marijuana offenses, including simple possession. In recent years, some states have legalized marijuana, while the consequences for marijuana possession in Louisiana remain severe-under state law, repeated convictions for simple possession are punishable by multi-year prison sentences. This report illuminates through quantitative analysis the persistent racial disparities in marijuana policing from 2010 - 2015 and discusses the impacts of statutory and policy reforms the city has implemented to date. We are hopeful that these findings will guide state and local policymakers toward further improvements to lessen the harm even seemingly minor police encounters inflict on black communities, and inspire other jurisdictions to examine their own practices. Details: New Orleans: Vera Institute of Justice, 2016. 24p. Source: Internet Resource: Accessed July 21, 2016 at: https://storage.googleapis.com/vera-web-assets/downloads/Publications/racial-disparity-in-marijuana-policing-in-new-orleans/legacy_downloads/Racial-Disparity-Marijuana-Policing-Report-Web-July-2016.pdf Year: 2016 Country: United States URL: https://storage.googleapis.com/vera-web-assets/downloads/Publications/racial-disparity-in-marijuana-policing-in-new-orleans/legacy_downloads/Racial-Disparity-Marijuana-Policing-Report-Web-July-2016.pdf Shelf Number: 139756 Keywords: Drug EnforcementMarijuanaRacial DisparitiesRacial Profiling in Law Enforcement |
Author: Fagan, Jeffrey Title: An Analysis of Race and Ethnicity Patterns in Boston Police Department Field Interrogation, Observation, Frisk, and/or Search Reports Summary: The research findings presented in this report represent an independent inquiry into possible racial disparities in Boston Police Department Field Interrogation, Observation, Frisk, and/or Search practices (informally known as FIO reports). This inquiry was conducted at the request of the Boston Police Department and the American Civilian Liberties Union of Massachusetts and spans the years 2007-10. This report summarizes the methods and research findings of the independent research enterprise. Key research findings include: - The yearly number of FIO reports made by the BPD has steadily decreased in recent years. Between 2008 and 2013, the number of FIO reports made by the BPD decreased by almost 42% (from 55,684 to 32,463). This study focused on N=204,739 FIOs made by BPD officers between 2007 and 2010. - Controlling for a variety of factors including race of residents, the logged number of crimes in Boston neighborhoods was the strongest predictor of the amount of FIO activity in Boston neighborhoods. However, the analyses revealed that the percentage of Black and Hispanic residents in Boston neighborhoods were also significant predictors of increased FIO activity after controlling for crime and other social factors. These racial disparities generate increased numbers of FIO reports in minority neighborhoods above the rate that would be predicted by crime alone. For instance, a neighborhood with 85 percent Black residents would experience approximately 53 additional FIO reports per month compared to an "average" Boston neighborhood. - FIO activity was concentrated on repeated interactions with a relatively small number of people. Roughly 5 percent of the N=72,619 unique individuals subjected to FIO encounters accounted for more than 40 percent of the total number of FIO reports made during the study time period. 67.5 percent of the FIO subjects only experienced one FIO and, as a group, accounted for 24.6 percent of the total number of FIO reports made by BPD officers during the study time period. - Gang membership and prior arrest histories were significant predictors of (a) repeated FIO reports of the same subject and (b) whether subjects were frisked / searched during an FIO encounter. These effects were present after controlling for age, sex, and race. In addition, Black subjects experienced 8 percent higher numbers of repeat FIOs and were roughly 12 percent more likely to be frisked / searched during an FIO encounter, controlling for prior criminal history, gang membership, and other factors. - FIO reports were also concentrated among a small number of very active BPD officers. Roughly 4 percent of N=2,349 BPD officers made over 43 percent of the FIOs during the study time period. Youth Violence Strike Force officers (informally known as the "gang unit") were associated with the highest numbers of FIO reports. During the study period, nearly 26 percent of BPD officers did not file a single FIO report. These officers were primarily assigned to administrative positions or were on leave for significant portions of the study time period. - White BPD officers made significantly higher numbers of FIO reports during the study time period relative to Black and Asian officers. White BPD officers also were more likely to frisk / search subjects during FIO encounters relative to minority officers. However, white officers did not seem to discriminate by subject race and ethnicity. Also, White officers made elevated numbers of FIO reports and were more likely to frisk and search during FIO encounters for subjects of all races and ethnicities. However, within suspect race categories, Black officers were less likely to FIO or frisk White or Black suspects than were White officers. - These analyses revealed racially disparate treatment of minority persons in BPD FIO activity. However, we cannot determine whether the identified patterns were generated by bias or other sources of racial discrimination in BPD FIO practices. Further research is necessary to understand the factors and processes that influence the observed disparities. Details: Boston: Boston Police Department, 2015. 32p. Source: Internet Resource: Accessed July 21, 2016 at: https://s3.amazonaws.com/s3.documentcloud.org/documents/2158964/full-boston-police-analysis-on-race-and-ethnicity.pdf Year: 2015 Country: United States URL: https://s3.amazonaws.com/s3.documentcloud.org/documents/2158964/full-boston-police-analysis-on-race-and-ethnicity.pdf Shelf Number: 139758 Keywords: Police LegitimacyRacial DisparitiesRacial Profiling in Law EnforcementStop and Search |
Author: Seguino, Stephanie Title: Racial/Ethnic Disparities in Traffic Stops: Analysis of Vermont State Police Data, 2010-11 Summary: Concerns about racial profiling and racial disparities in policing have drawn the attention of Vermonters in recent years, particularly as the state has become more racially and ethnically diverse. A number of jurisdictions in Vermont have voluntarily2 moved to collect race data in traffic stops, including the Vermont State Police (VSP). This paper reports the results of an analysis of the VSP's first year of race data on traffic stops, arrests, and searches for the period July 2010 through June 2011. The results are compared to those reported in McDevitt and Posick (2011). The main innovation of this study is that it examines racial differences in outcomes for each minority group relative to Whites, while the previous study combined all minorities into one group for comparison to White drivers. As a result the analyses and conclusions drawn differ, with this study finding much more robust evidence of racial disparities in policing, particularly for Blacks and Hispanics. Details: Unpublished report, 2014. 11p. Source: Internet Resource: Accessed July 21, 2016 at: https://acluvt.org/issues/profiling/vsp_rpt_re-exam.pdf Year: 2014 Country: United States URL: https://acluvt.org/issues/profiling/vsp_rpt_re-exam.pdf Shelf Number: 139783 Keywords: Racial DisparitiesRacial Profiling in Law EnforcementStop and Search |
Author: Bradford, Ben Title: Enabling and Constraining Police Power: On the Moral Regulation of Policing Summary: In this paper we consider some of the ethical challenges inherent in the regulation of discretionary police power. Discretion is central to police policy and practice, but it also provides a level of freedom that opens up the space for injustice and inequity, and this is seen most vividly in recent debates about unfairness and racial profiling in the distribution and experience of police stops in the US and UK. How to regulate discretionary power is a challenging question, and this is especially so in the context of practices like stop-and-search/stop-and-frisk. The ability to stop people in the street and question them is central to policing as it is understood in many liberal democracies, but under conditions of unfairness and questionable efficacy - when the application of this particular police power appears unethical as well as ineffective - one can reasonably ask whether the power should be dropped or curtailed, and if curtailed, how this would work in practice. Details: London: London School of Economics, 2015. 28p. Source: Internet Resource: LSE Law, Society and Economy Working Papers 23/2015: Accessed July 25, 2016 at: https://www.lse.ac.uk/collections/law/wps/WPS2015-23_BradfordJackson.pdf Year: 2015 Country: International URL: https://www.lse.ac.uk/collections/law/wps/WPS2015-23_BradfordJackson.pdf Shelf Number: 139848 Keywords: Police BehaviorPolice DiscretionPolice EthicsRacial Profiling in Law EnforcementStop and Search |
Author: Ross, Cody T. Title: A Multi-Level Bayesian Analysis of Racial Bias in Police Shootings at the County-Level in the United States, 2011-2014 Summary: A geographically-resolved, multi-level Bayesian model is used to analyze the data presented in the U.S. Police-Shooting Database (USPSD) in order to investigate the extent of racial bias in the shooting of American civilians by police officers in recent years. In contrast to previous work that relied on the FBI's Supplemental Homicide Reports that were constructed from self-reported cases of police-involved homicide, this data set is less likely to be biased by police reporting practices. County-specific relative risk outcomes of being shot by police are estimated as a function of the interaction of: 1) whether suspects/civilians were armed or unarmed, and 2) the race/ethnicity of the suspects/civilians. The results provide evidence of a significant bias in the killing of unarmed black Americans relative to unarmed white Americans, in that the probability of being {black, unarmed, and shot by police} is about 3.49 times the probability of being {white, unarmed, and shot by police} on average. Furthermore, the results of multi-level modeling show that there exists significant heterogeneity across counties in the extent of racial bias in police shootings, with some counties showing relative risk ratios of 20 to 1 or more. Finally, analysis of police shooting data as a function of county-level predictors suggests that racial bias in police shootings is most likely to emerge in police departments in larger metropolitan counties with low median incomes and a sizable portion of black residents, especially when there is high financial inequality in that county. There is no relationship between county-level racial bias in police shootings and crime rates (even race-specific crime rates), meaning that the racial bias observed in police shootings in this data set is not explainable as a response to local-level crime rates Details: PLOS One, 2015. 34p. Source: Internet Resource: Accessed July 30, 2016 at: http://journals.plos.org/plosone/article/asset?id=10.1371%2Fjournal.pone.0141854.PDF Year: 2015 Country: United States URL: http://journals.plos.org/plosone/article/asset?id=10.1371%2Fjournal.pone.0141854.PDF Shelf Number: 139900 Keywords: Deadly ForcePolice ShootingsPolice Use of ForceRacial BiasRacial DiscriminationRacial Profiling in Law Enforcement |
Author: Fratello, Jennifer Title: Coming of Age with Stop and Frisk: Experiences, Perceptions, and Public Safety Implications Summary: Amid the debate about stop and frisk in New York City, its relationship to reductions in crime, and concerns about racial profiling, one question has gone largely unexplored: How does being stopped by police, and the frequency of those stops, affect those who experience them at a young age? In New York City, at least half of all recorded stops annually involve those between the ages of 13 and 25. This new study from Vera's Center on Youth Justice examines this question. The results reveal a great deal about the experiences and perceptions of young New Yorkers who are most likely to be stopped. Trust in law enforcement among these young people is alarmingly low. This has significant public safety implications as young people who have been stopped more often are less willing to report crimes, even when they themselves are the victims. The report includes a set of recommendations aimed at restoring trust and improving police-community relations. It also features an infographic summarizing the findings. Details: New York: Vera Institute of Justice, Center on Youth Justice, 2013. 139p. Source: Internet Resource: accessed August 5, 2016 at: http://archive.vera.org/sites/default/files/resources/downloads/stop-and-frisk_technical-report.pdf Year: 2013 Country: United States URL: http://archive.vera.org/sites/default/files/resources/downloads/stop-and-frisk_technical-report.pdf Shelf Number: 130029 Keywords: Racial Profiling in Law EnforcementStop and FriskStop and Search |
Author: Morrow, Weston Title: Examining the Potential for Racial/Ethnic Disparities in Use of Force During NYPD Stop and Frisk Activities Summary: Since the 1990s, stop and frisk activities have been a cornerstone of the New York Police Department (NYPD). The manner in which the NYPD has carried out stop, question, and frisks (SQFs), however, has been a focal point of discussion, resulting in public outrage and two major lawsuits. Recently, the Federal District Court Judge ruled that the NYPD was engaging in unconstitutional stop-and-frisk practices that targeted predominately Black and Latino New Yorkers. Questions surrounding the NYPD's SQF practices have almost exclusively focused on racial and ethnic disproportionality in the rate of stops without necessarily considering what transpired during the stop. This study will fill that void by examining the prevalence and nature of use of force during those stops, along with testing the minority threat hypothesis. By combining micro-level measures from the NYPD's 2012 "Stop, Question, and Frisk" database with macro-level variables collected from the United States Census Bureau, the current study examines police use of force in the context of SQF activities. The results should help judges, policy makers, police officers, and scholars understand the nature of police use of force in the context of SQFs. Details: Tempe, AZ: Arizona State University, 2015. 203p. Source: Internet Resource: Dissertation: Accessed August 26, 2016 at: https://repository.asu.edu/attachments/157948/content/Morrow_asu_0010E_15162.pdf Year: 2015 Country: United States URL: https://repository.asu.edu/attachments/157948/content/Morrow_asu_0010E_15162.pdf Shelf Number: 140046 Keywords: Police BehaviorPolice DiscretionPolice Use of ForceRacial DiscriminationRacial Profiling in Law Enforcement Stop and FriskStop and Search |
Author: Simoiu, Camelia Title: Testing for Racial Discrimination in Police Searches of Motor Vehicles Summary: In the course of conducting traffic stops, officers have discretion to search motorists for drugs, weapons, and other contraband. There is concern that these search decisions are prone to racial bias, but it has proven difficult to rigorously assess claims of discrimination. Here we develop a new statistical method-the threshold test-to test for racial discrimination in motor vehicle searches. We use geographic variation in stop outcomes to infer the e↵ective race-specific standards of evidence that officers apply when deciding whom to search, an approach we formalize with a hierarchical Bayesian latent variable model. This technique mitigates the problems of omitted variables and infra-marginality associated with benchmark and outcome tests for discrimination. On a dataset of 4.5 million police stops in North Carolina, we find that the standard for searching black and Hispanic drivers is considerably lower than the standard for searching white and Asian drivers, a pattern that holds consistently across the 100 largest police departments in the state. Details: Stanford, CA: Stanford University, 2016. 32p. Source: Internet Resource: Accessed August 30, 2016 at: https://5harad.com/papers/threshold-test.pdf Year: 2016 Country: United States URL: https://5harad.com/papers/threshold-test.pdf Shelf Number: 140099 Keywords: Racial BiasRacial ProfilingRacial Profiling in Law EnforcementStop and SearchTraffic Stops |
Author: Coviello, Decio Title: An Economic Analysis of Black-White Disparities in NYPD's Stop and Frisk Program Summary: A model is introduced to explore the identification of two distinct sources of police bias in NYPD's "stop and frisk program:" bias at the level of the police officer making the stop decisions, and bias at the level of the police chief allocating manpower across precincts. Ten years of data from NYPD's "stop and frisk program" are analyzed in light of this theoretical framework. White pedestrians are found to be slightly less likely than African-American pedestrians to be arrested conditional on being stopped. We interpret this finding as evidence that the officers making the stops are on average not biased against African Americans relative to whites, because the latter are being stopped despite being a "less productive stop" for a police officer. We find suggestive evidence of police bias in the frisk decision. Further research is needed. Details: Unpublished paper, 2015. 54p. Source: Internet Resource: Accessed October 12, 2016 at: http://nicolapersico.com/files/stopfrisk.pdf Year: 2015 Country: United States URL: http://nicolapersico.com/files/stopfrisk.pdf Shelf Number: 127656 Keywords: Racial BiaseRacial DisparitiesRacial Profiling in Law EnforcementStop and Frisk |
Author: Goff, Phillip Atiba Title: The Science of Policing Equity: Measuring Fairness in the Austin Police Department Summary: This report represents a partnership between Urban and the Center for Policing Equity's National Justice Database, in collaboration with the White House's Police Data Initiative. The report analyzes publicly available data in 2015 vehicle stops and 2014 use of force incidents on the part of the Austin Police Department. Findings indicate that even when controlling for neighborhood levels of crime, education, home-ownership, income, youth, and unemployment, racial disparities still exist in both use and severity of force. We also document that APD has a high level of transparency, and the analysis demonstrates the value of that democratization of police department data in examining whether community-level explanations are sufficient to explain observed racial disparities. Details: Washington, DC: Urban Institute, 2016. 18p. Source: Internet Resource: Accessed November 8, 2016 at: http://www.urban.org/sites/default/files/publication/85096/the-science-of-policing-equity_2.pdf Year: 2016 Country: United States URL: http://www.urban.org/sites/default/files/publication/85096/the-science-of-policing-equity_2.pdf Shelf Number: 141035 Keywords: Police BehaviorPolice EffectivenessPolice IntegrityPolice LegitimacyRacial DisparitiesRacial Profiling in Law EnforcementStop and Search |
Author: Quintanar, Sarah Marx Title: Man vs. Machine: An Investigation of Speeding Ticket Disparities Based on Gender and Race Summary: This paper analyzes the extent to which police behavior in giving speeding tickets differs from the ticketing pattern of automated cameras. The automated tickets provide an estimate of the population of speeders at a given location, time, and even severity of the violation. The data, obtained from Lafayette, Louisiana, provides a wide range of details concerning characteristics of the violation such as location, date, time of day, legal speed, speed over the limit, day of the week, and also specific details about the ticketed driver. The probability of a ticketed driver being African-American or female is significantly higher when the ticket was given by a police officer in contrast to an automated source, implying that police use gender and race as a determining factor in issuing a speeding ticket. Potential behavioral reasons of this outcome have been discussed. Details: Baton Rouge: Department of Economics Louisiana State University, 2011. 44p. Source: Internet Resource: Working Paper 2009-16: Accessed November 10, 2016 at: http://bus.lsu.edu/McMillin/Working_Papers/pap09_16.pdf Year: 2011 Country: United States URL: http://bus.lsu.edu/McMillin/Working_Papers/pap09_16.pdf Shelf Number: 145089 Keywords: Police BehaviorPolice DiscretionRacial DiscriminationRacial Profiling in Law EnforcementTraffic Enforcement |
Author: Baumgartner, Frank R. Title: Racial Disparities in Traffic Stop Outcomes Summary: In American politics, the issue of racial disparity is never far from the surface, in particular as it relates to encounters with the police. We are currently in a period when â thanks to the Black Lives Matter movement â the behavior of police officers toward minorities is receiving intense scrutiny. As usual, Americans are deeply divided on the issue: where one side perceives injustice and violence toward black bodies, the other focuses on the difficulties of law enforcement and the need to respect those in blue. Our current focus on race and justice is all too familiar, but this most recent surge in attention to these issues offers perhaps a special promise of progress because our abilities to document citizen interactions with police have never been better. First, almost everyone today has a video camera on their cell phone, allowing them to film their interactions with police officers. It is much harder to dismiss a victim's claims of police misconduct when footage of the incident is posted on Facebook for the world to see. Second, increasing numbers of police departments are mandating the use of dash cameras and body cameras for police cars and police officers. Third, we now have access to extensive databases of police traffic stops that record the demographic information of stopped motorists alongside information about what transpired during the stop. Efforts to collect this type of data were put in place during the last wave of attention toward "driving while black" disparities in the late 1990s and early 2000s. Figure 1 shows the surge of attention as well as its later decline. During the time when attention to the concept of "driving while black" or "driving while brown" surged, a number of states passed laws for the first time mandating the collection of data on routine traffic stops. They sought to document any racial disparities that were alleged to be occurring so that the phenomenon could be either dismissed, if the data revealed there was no such thing, or better understood so that solutions could be implemented if the data showed that allegations were indeed accurate. The figure shows that attention has declined, but a new wave of attention to police violence, based on shootings of unarmed black men has of course kept police-minority relations in the headlines. One major difference between the 1990s and today was mentioned above: video confirmation. Another is data, which is our focus here. Details: Chapel Hill, NC: Department of Political Science, University of North Carolina at Chapel Hill, 2017. 42p. Source: Internet Resource: Accessed March 2, 2017 at: https://www.unc.edu/~fbaum/articles/BaumgartnerEtAl-2017-DukeForum-RacialDisparitiesInTrafficStops.pdf Year: 2017 Country: United States URL: https://www.unc.edu/~fbaum/articles/BaumgartnerEtAl-2017-DukeForum-RacialDisparitiesInTrafficStops.pdf Shelf Number: 141302 Keywords: Body-Worn CamerasRacial DisparitiesRacial ProfilingRacial Profiling in Law EnforcementStop and SearchTraffic Stops |
Author: Gideon's Army Title: Driving While Black: A report on racial profiling in Metro Nashville Police Department Traffic Stops Summary: Our report shows that "driving while black" constitutes a unique series of risks, vulnerabilities, and dangers at the hands of the Metro Nashville Police Department (MNPD) that white drivers do not experience in the same way. Upon reviewing MNPDâs traffic stop database, our report finds that: ⢠Between 2011-2015, MNPD conducted 7.7 times more traffic stops annually than the U.S. national average ⢠Between 2011-2015, MNPD made more stops of black people than there were black people 16 years old and over living in Davidson County ⢠Between 2011-2015, MNPD consistently and unnecessarily stopped and searched black drivers in predominantly black, Hispanic, and low-income communities at rates substantially higher than they did white drivers in predominantly middle to upper income communities ⢠MNPD consent searches are invasive and fail to yield incriminating evidence 88.4% of the time. ⢠Evidence of unlawful activity is found during searches of white drivers more often than in searches of black and Hispanic drivers ⢠Nearly 80% of all MNPD traffic stops in 2015 result in a warning, and, in traffic stops including a search of the vehicle or driver, between one-third and half result in a warning, which means hundreds of thousands of drivers are being stopped and searched unnecessarily every year ⢠Since 2012, Operation Safer Streets (OSS) has resulted in more than 58,000 vehicle stops and 11,000 arrests, the vast majority of which were concentrated in communities of color. More than 90% of OSS arrests were for misdemeanors, often for possession of small amounts of marijuana or driving without a license, and more than 80% of stops yielded no evidence that warranted arrest. Our interviews with black drivers in Nashville show that: ⢠Metro police officers regularly intimidate, harass, and unfairly exert their authority over black drivers ⢠Aggressive tactics by officers result in traumatizing experiences of fear for oneâs safety and the safety of oneâs family and friends ⢠Black drivers experience anger at being treated unjustly and disrespectfully, frustration derived from being profiled because of one's race and its assumed correspondence to criminality, and the feeling that police do not "serve and protect" black people like they do white people Through these findings, our report shows that MNPD's traffic stop practices impose a severe disparate or discriminatory impact on the predominantly black and low-income communities that MNPDâs traffic stop and search regime disproportionately targets. MNPD's internal reports justify these disparities based on an alleged correlation between where stops are made and the number of crime reports in the area. However, our findings show that traffic enforcement targets and impacts entire communities, not just people who commit crimes, and that regardless of the area, black people are searched at much higher rates than white people. For these reasons, racial disparities in policing are unlikely to be caused by individual officersâ behaviors alone, but by institutional norms and policies that justify targeting predominantly black and low-income communities. The MNPD traffic stop lesson plan used as part of officer training shows that the department is primarily focused on using traffic stops as a way to gain entry into vehicles and search them (See Section II). In practice, this means making pretextual traffic stops for technicalities, such as rolling through a stop sign or having a broken taillight, in order to get an opportunity to make contact with the occupants, use manipulative forms of engagement to gain consent to search, and search drivers and their vehicles. While the lesson plan does not explicitly prioritize stops and searches of black drivers, MNPD disproportionately deploys its patrol officers to predominantly black and low-income communities, and as our report shows, black drivers are more likely than white drivers to be stopped, stopped multiple times in a year, and searched during a traffic stop, even though searches of black drivers are less successful in yielding criminal evidence than are searches of white drivers. MNPD's overwhelmingly unsuccessful and disparately impactful over-policing of predominantly black and low-income communities raises serious concerns about the effectiveness, legitimacy, and constitutionality of MNPD's traffic stop and search regime. Furthermore, the fact that Nashville's unnecessarily high rate of total traffic stops does not reduce traffic accidents and injuries (Finding 1) and does not appear to make any significant impact on crime rates compared to other cities making fewer stops (Demand 1) calls MNPD's policing strategies into question both legally and ethically. The core findings of our report analyze traffic stops of black, white, and Hispanic drivers. Details: Nashville, TN: Gideon's Army, 2016. 213p. Source: Internet Resource: Accessed March 23, 2017 at: https://drivingwhileblacknashville.files.wordpress.com/2016/10/driving-while-black-gideons-army.pdf Year: 2016 Country: United States URL: https://drivingwhileblacknashville.files.wordpress.com/2016/10/driving-while-black-gideons-army.pdf Shelf Number: 144558 Keywords: Driving While BlackRacial DisparitiesRacial ProfilingRacial Profiling in Law EnforcementStop and SearchTraffic StopsTraffic Violations |
Author: Stepick, Alex Title: False Promises: The Failure of Secure Communities in Miami-Dade County Summary: This report addresses the impact on Miami-Dade County of the Secure Communities program, currently one of the primary federal immigration enforcement programs administered by the Department of Homeland Security (DHS) through Immigration and Customs Enforcement (ICE). DHS claims that the program prioritizes the removal of convicted criminal aliens who pose a danger to national security or public safety, repeat violators who game the immigration system, those who fail to appear at immigration hearings, and fugitives who have already been ordered removed by an immigration judge. Contrary to these policy goals, we found that 61% of individuals ordered for removal from Miami-Dade County are either low level offenders or not guilty of the crime for which they were arrested. By ICE's standards only 18% of the individuals ordered for removal represent high priority public safety risks, and that number drops to a mere 6% when we apply local standards suggested by Miami-Dade County's Public Defender. Interviews with detainees also reveal that often residents are stopped by police for no apparent reason and subjected to detention and deportation. Secure Communities in Miami-Dade County also has a disproportionately negative impact on Mexicans and Central Americans who constitute a relatively low percentage of the local population but a high percentage of those whom Secure Communities detained and removed. For this report, the Research Institute on Social and Economic Policy (RISEP) of the Center for Labor Research and Studies at Florida International University analyzed twelve months of arrest records, and the detentions and subsequent dispositions of all 1,790 individuals held in Miami-Dade County Corrections' jails for the Secure Communities program. RISEP complemented this analysis with interviews of individual Miami-Dade County residents who were directly affected by Secure Communities and interviews with local government officials in the City of Miami and Miami-Dade County. We also conducted a thorough analysis of DHS and ICE documents that guide Secure Communities. Our analysis of these documents demonstrates that the program is based on internally ambiguous priorities and directives that result in contradictory guidelines. Accordingly, Secure Communities has become a program that in essence removes virtually all undocumented migrants who are identified through Secure Communities, in spite of DHS Secretary Napolitano calling for ICE to use prosecutorial discretion. The program's guidelines bear the signs of a centrally devised policy created without consideration for the complex criminal justice landscapes of the thousands of jurisdictions where the program is implemented. The implications and effects of enforcing Secure Communities are far reaching. It disrupts and tears apart honest and hardworking families and makes Miami-Dade less secure for everyone as it discourages immigrants from cooperating with law enforcement. ICE's detention and deportation of immigrants for minor crimes, ordinary misdemeanors, and non-offense incidents reduces trust of law enforcement. This is especially dangerous in Miami-Dade County where the majority of the population is immigrants and approximately three-fourths are either immigrants themselves or children of immigrants. Miami's Mayor and Police Chief both expressed their belief that the reduced trust that Secure Communities produces will make protecting all communities more difficult - the opposite of what DHS and ICE claim is their goal. When community trust in law enforcement decreases, residents are less likely to report crimes and cooperate with police in the investigation of crimes. When serious crimes do occur, the reduced trust engendered by ICE's Secure Communities program makes it more difficult for local law enforcement to do its job, undermining the security of all county residents. We strongly recommend that Miami-Dade leaders form a broad-based task force to review the impact of Secure Communities. We urge Miami-Dade County residents, elected officials, law enforcement leadership, and representatives of the criminal justice system to carefully and conscientiously evaluate and determine which aspects of this federal program are in the best interests of Miami-Dade County and adjust their cooperation accordingly. The task force should be charged with carefully defining those aspects of Secure Communities that, in fact, help protect public safety and the parts of the program that contradict local law and enforcement policy. This evaluation should include a meticulous cost analysis. Without this knowledge, Secure Communities has the potential for creating long-term damage and problems that will persist long after reform of the country's current federal immigration law. We suggest that Miami-Dade County and its municipalities follow the lead of numerous other state and local governments and not honor ICE detainer requests unless an immigrant has been convicted of a serious crime. Details: Miami, FL; Research Institute on Social & Economic Policy, Center for Labor Research & Studies. Florida International University' Miami: Americans for Immigrant Justice, 2013. 59p. Source: Internet Resource: Accessed May 4, 2017 at: http://pdxscholar.library.pdx.edu/cgi/viewcontent.cgi?article=1021&context=soc_fac Year: 2013 Country: United States URL: http://pdxscholar.library.pdx.edu/cgi/viewcontent.cgi?article=1021&context=soc_fac Shelf Number: 145258 Keywords: Community PolicingIllegal ImmigrantsImmigrant DeportationImmigrant DetentionImmigration EnforcementImmigration PolicyRacial Profiling in Law Enforcement Sanctuary CitiesUndocumented Migrants |
Author: Washington Lawyers' Committee for Civil Rights Urban Affairs Title: Racial Disparities in Arrests in the District of Columbia, 2009-2011: Implications for Civil Rights and Criminal Justice in the Nation's Capital Summary: At its founding in 1968, the Washington Lawyers' Committee for Civil Rights and Urban Affairs sought to address issues of racial discrimination and their associated causes. Our work started with efforts to address issues of discrimination and poverty identified by the Report of the National Advisory Commission on Civil Disorders (known as the Kerner Commission) as the root causes of the riots that had erupted in cities across the country throughout the 1960s. Forty-five years later, the Washington Lawyers' Committee has developed a wide range of litigation and advocacy programs and projects addressing a broad range of civil rights and poverty concerns, including criminal justice reform and prisoners' rights. In 2006 the Committee joined forces with the DC Prisoners Project to make prisoners' rights a formal and major part of its work. The Washington Lawyers' Committee has long been concerned by the impact of the drug laws and drug policies on the population it serves, and the Committee's view has been that drug abuse and addiction are most appropriately treated primarily as public health concerns rather than criminal matters. While litigation efforts to win judicial recognition of this principle were unsuccessful in the 1970s, the Committee's pilot program at that time demonstrated the importance of legal support and expanded treatment for addicted individuals. This report grows out of increasing concern that broader aspects of our local and national criminal justice systems - even beyond questions relating to drug policies - reflect significant racial disparities that raise important questions of public policy and civil rights concerns. In order to further explore these issues, the Committee convened a panel of senior and retired judges, and enlisted the support of a team of attorneys at the firm of Covington & Burling LLP, to obtain and analyze a comprehensive set of arrest data for the District of Columbia covering the years 2009, 2010 and 2011. Together, the Washington Lawyers' Committee, Covington & Burling LLP, and the judicial review committee have analyzed and reviewed the data. While we leave it to readers to draw their own conclusions, it is the view of this report's authors and advisors that the statistics contained here should serve as a wake-up call to Washington, D.C. residents and policymakers. These findings speak to the need for residents and policymakers to take a deeper look at some of the civil rights implications of our drug, public health and public safety policies. Details: Washington, DC: The Committee, 2013. 35p. Source: Internet Resource: Accessed May 10, 2017 at: https://www.washlaw.org/pdf/wlc_report_racial_disparities.pdf Year: 2013 Country: United States URL: https://www.washlaw.org/pdf/wlc_report_racial_disparities.pdf Shelf Number: 129381 Keywords: Arrests and ApprehensionsDrug EnforcementDrug PolicyRacial DisparitiesRacial Profiling in Law Enforcement |
Author: Goel, Sharad Title: Combatting Police Discrimination in the Age of Big Data Summary: The exponential growth of available information about routine police activities offers new opportunities to improve the fairness and effectiveness of police practices. We illustrate the point by showing how a particular kind of calculation made possible by modern, large-scale datasets - determining the likelihood that stopping and frisking a particular pedestrian will result in the discovery of contraband or other evidence of criminal activity - could be used to reduce the racially disparate impact of pedestrian searches and to increase their effectiveness. For tools of this kind to achieve their full potential in improving policing, though, the legal system will need to adapt. One important change would be to understand police tactics such as investigatory stops of pedestrians or motorists as programs, not as isolated occurrences. Beyond that, the judiciary will need to grow more comfortable with statistical proof of discriminatory policing, and the police will need to be more receptive to the assistance that algorithms can provide in reducing bias. Details: Palo Alto, CA: Stanford University, 2017. 52p. Source: Internet Resource: Stanford Public Law Working Paper No. 2787101: Accessed June 26, 2017 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2787101 Year: 2017 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2787101 Shelf Number: 146381 Keywords: Racial BiasRacial DiscriminationRacial Profiling in Law EnforcementStop and FriskStop and Search |
Author: Miller, Joel Title: College of Policing stop and search training experiment: Impact evaluation. Final report Summary: This report presents results from a randomised controlled trial of a pilot stop and search training programme. The training was designed to promote the non-discriminatory use of police stop and search powers, strengthen officers' knowledge and skills in applying reasonable suspicion, improve the treatment of members of the public and improve outcomes from encounters. It was led by the College of Policing (the College) in collaboration with the Equality and Human Rights Commission (EHRC). The pilot was carried out in six police forces within England and Wales. A total of 1,323 uniformed officers were included in the study. They were selected because they were regular users of stop and search powers. They were then randomly assigned to a treatment group that was targeted for the pilot training (87 per cent ultimately received training) or a control group that was not intended to receive the training (0.8 per cent received training). Here, we present the findings from an impact evaluation of the pilot based on three sources of data. These are: - Wave 1 survey, carried out a few days or weeks from the end of officers' pilot training - Wave 2 survey, initiated between about three and five months following the end of officers' training - data generated from police search records, drawing from the three calendar months prior to the beginning of training and the three calendar months following the completion of the bulk of training in each force. Analysis of the survey results tested hypotheses concerning the training's effects on officers' knowledge, attitudes and anticipated behaviours, while actual behaviours were measured through police stop and search records. Key findings, focused primarily on programme-level effects across the six forces, are presented below - Impacts on officers' preparation and knowledge - Compared to the control group, officers in the treatment group were a little less likely to report that prior stop and search training (including both pilot and other past training) had prepared them with relevant knowledge and skills, based on the Wave 1 survey. This suggests the pilot training compared unfavourably with officers' recollections of training earlier in their careers. - Officers' knowledge of stop and search regulations and policy was generally high and was a little higher in the treatment than control groups, as measured in both Wave 1 and Wave 2 surveys. This suggests that the pilot training improved officers' already strong stop and search knowledge and that this improvement was sustained over time. - In the Wave 2 survey, officers in the treatment group reported less confidence in the adequacy of grounds in written search records than the control group officers did. This suggests that they had become more stringent in their evaluation of grounds for searches. This effect was found for stronger and weaker grounds although there was some evidence that the effect was greater for weaker grounds. Impacts on officers' attitudes - In the Wave 1 survey, treatment group officers averaged slightly less support for police ethnic/racial stereotyping than control group officers, suggesting a small impact of pilot training, although support for ethnic/racial stereotyping was already low among officers. This variable was not measured in the Wave 2 survey. - In the Wave 1 survey, officers in the treatment group were a little less cynical about the prospect of policies regulating officer stop and search practices, suggesting a modest pilot training impact. This effect did not, however, endure to the Wave 2 survey. - In both Wave 1 and Wave 2 surveys, there was a somewhat lower level of support for high volume stop and search strategies in the treatment group compared to the control group. This suggests the pilot training prompted officers to favour a more selective use of stop and search in crime control. This effect was sustained to Wave 2 - In the Wave 1 survey, there were no differences between treatment and control groups in their support for procedural justice (ie, being respectful and fair) during stop and search. Consistent with this finding, the process evaluation showed that procedural justice was not a central feature of the training that was delivered (see Giacomantonio et al, 2016). Support for procedural justice was not measured in Wave 2. Impacts on officers' anticipated behaviours - When presented with a scenario involving the searching of a confrontational suspect in the Wave 1 survey, there were no clear differences between treatment and control group officers in how they said they would treat the suspect. This applied in relation to both procedural justice principles and the legal procedures used in encounters. - As expected, when asked the likelihood of them questioning potentially suspicious people in a range of different scenarios, there was little difference in response between treatment and control group officers. This was true for examples in both Wave 1 and Wave 2 surveys. This suggests the training did not adversely affect officers' anticipated willingness to intervene in situations. - When they were asked how likely they were to search suspicious people in the same scenarios, however, officers in the treatment group reported notably lower probabilities of doing so, in both Wave 1 and 2 surveys. This was true for scenarios involving suspected robbery or drugs offences as well as for both weaker grounds (as initially hypothesised) and stronger grounds. The effect was strongest for searching when the scenario involved the smell of cannabis as a key basis for suspicion, considered to represent weaker grounds. This may, in part, be due to the emphasis placed in the training on the smell of cannabis, in isolation, as constituting inadequate grounds for a search (see Giacomantonio et al, 2016). - Perhaps explaining the pilot training's effects on officers' anticipated search decisions, the Wave 2 survey showed that officers in the treatment group were less likely than those in the control group to evaluate grounds in the scenarios as adequate to justify a search. The survey, however, showed no differences between the groups in officers' declared willingness to conduct searches, provided grounds were present. - The Wave 1 survey randomly varied the scenario suspects - descriptions between 'black' and 'white' when asking officers about their stop and search decision-making. Officers were generally more likely to say they would question or search white suspects than black suspects. - There was, however, no statistically significant effect of training on ethnic/racial disparities in officers' anticipated stop and search decision-making. Impacts on recorded behaviours - Police data provided no strong evidence of a reduction in officers' search rates directly attributable to the training. There was, however, a small effect that was close to statistical significance, meaning it is possible the training had a marginal effect, in line with officers' responses to survey questions. - An analysis of officers' written grounds indicated no differences in their quality between treatment and control groups. This suggests the training had no impact on the types of searches being conducted or the detail provided by officers when recording their grounds. - Police data showed no effects of training on the proportion of searches resulting in arrests, suggesting that the training has produced no improvements in officer effectiveness. - Police data showed no effects of training on the ethnic/racial distribution of people searched. This was consistent with survey findings showing that the training had no effects on the use of ethnic/racial appearance in officers' decision-making when responding to written scenarios. Force-specific effects - Training was associated with more pronounced effects in some forces than others, although variations were not consistent across types of outcome. Key findings include: - Force E registered almost no statistically significant effects on the range of outcome variables. - Force D experienced the largest number of significant effects of treatment on knowledge and attitudes. - Statistically significant effects were found on at least some anticipated search behaviours for all forces, as measured by the surveys, except Force E. - There was, however, a lack of clear and consistent effects of training on actual officer behaviours, as recorded in police data, for any of the forces (apart from two isolated statistically significant effects). - Force-level differences may reflect variations in the implementation of training between sites. Forces, however, also varied in their geography and organisation which may have influenced how the training was received. Some differences may also be the product of chance variations between forces. Conclusions - While the training had some intended effects, these effects were not found for all objectives, were often modest when they were found, and were often inconsistent across forces. Moreover, there were few concrete effects of training found in measured street-level practice. This raises some questions about the utility of the training as it was formulated for the pilot. - Future stop and search training might usefully give greater emphasis to modelling behaviours in stop and search encounters, alongside abstract teaching about the use and regulation of stop and search powers. This could involve the use of role-plays, for example. - Future stop and search training should probably place greater emphasis on improving how officers interact with suspects, paying particular attention to procedural justice principles, given that the pilot training had no effects related to procedural justice. - A training package that also targeted force supervisors and managers might be more effective. Such an approach could involve education in auditing and supervising officers' use of stop and search, and developing supervisors' and managers' skills in encouraging and directing officers to adopt more effective and fairer stop and search practices. Details: London: Research Advisory Services, 2016. 61p. Source: Internet Resource: Accessed June 29, 2017 at: http://whatworks.college.police.uk/Research/Documents/SS_training_IMPACT_EVALUATION_Final_report.pdf Year: 2016 Country: United Kingdom URL: http://whatworks.college.police.uk/Research/Documents/SS_training_IMPACT_EVALUATION_Final_report.pdf Shelf Number: 146456 Keywords: Police BehaviorPolice Decision-MakingPolice Policies and PracticesPolice TrainingRacial Profiling in Law EnforcementStop and Search |
Author: Keeling, Peter Title: No respect: Young BAME men, the police and stop and search Summary: exactly 30 years after the Brixton riots, history repeated itself in the summer of 2011 in cities across Britain. Once again, one accelerant to that unrest was a perception among black, Asian and minority ethnic (BAME) young people that they were being unfairly treated by police forces using stop and search. Public figures, including - commendably - the then Home Secretary, pledged action. In the subsequent five years the number of stop and searches effected in England and Wales fell from 1.2 million to 380,000 without any deleterious impact on levels of crime. However, shockingly, the likelihood of someone black being stopped and searched in that period actually rose in relation to white people. A black person is now six times more likely to be searched. Meeting young BAME people engaged through some of the Criminal Justice Alliance's 120 member organisations made clear how toxic this discrepancy, which corrodes their self-esteem, is to good community relations. Too many of them feel a visceral hostility towards police as a consequence. What's most stark is that too many are so obviously also becoming alienated from public institutions meant to protect them at the very point of their transition to adulthood. That's why we decided to listen to what young BAME people had to tell policymakers and those police forces genuinely wrestling with this problem. Much of it, as the recommendations outlined here indicate, was constructive and thoughtful. We also resolved to test whether the views we were hearing were representative of the two million young BAME people in England and Wales, each of them a key part of twenty-first century Britain's future. Polling has confirmed, worryingly, that they were. Almost 1.5 million young BAME people, for example, believe police stop and search powers are currently used unfairly toward their communities. We inhabit a country where it's becoming a truth universally acknowledged that politicians, policymakers and those who lead our public services don't listen enough to those they serve. We hope that all of them - including Police & Crime Commissioners and Chief Constables - will not just listen to the two million young people to whom this report gives voice. We hope they'll now act, and ensure that history does not repeat itself again. Details: London: Barrow Cadbury Trust, 2017. 28p. Source: Internet Resource: Accessed July 27, 2017 at: https://www.barrowcadbury.org.uk/wp-content/uploads/2017/06/No-Respect-CJA-June-2017.pdf Year: 2017 Country: United Kingdom URL: https://www.barrowcadbury.org.uk/wp-content/uploads/2017/06/No-Respect-CJA-June-2017.pdf Shelf Number: 146586 Keywords: MinoritiesRacial DisparitiesRacial ProfilingRacial Profiling in Law EnforcementStop and Search |
Author: New York State. Office of the Attorney General Title: A Report on Arrests Arising from the New York City Police Department's Stop-and-Frisk Practices Summary: The stop-and-frisk practice of the New York City Police Department ("NYPD") has been the subject of significant public debate and litigation. Much of the discourse has focused on the practice's constitutionality and its impact on African-American, Latino, and other minority communities. A federal court decision, Floyd v. City of New York, declared stop and frisk unconstitutional as practiced in New York City. That decision has been stayed and is now on appeal to the Second Circuit. Neither the appeal nor the lower court decision, however, addresses the effectiveness of stop and frisk in combating crime. Supporters and opponents of the practice agree that only 6% of all stops result in an arrest. Yet until now, no known study has sought to assess what happens following those arrests. By analyzing close to 150,000 SQF arrests from 2009 through 2012 (out of the approximately 2.4 million stops conducted during those years), this report offers new data on the outcomes of the NYPD's stop-and-frisk practice. The report's key findings include the following: Close to half of all SQF arrests did not result in a conviction; Fewer than one in four SQF arrests - or 1.5% of all stops-resulted in a jail or prison sentence; Just one in fifty SQF arrests - or about 0.1% of all stops-led to a conviction for a crime of violence; Just one in fifty SQF arrests - or about 0.1% of all stops - led to a conviction for possession of a weapon; and Almost one quarter of SQF arrests (24.7%) were dismissed before arraignment or resulted in a non-criminal charge such as an infraction or a violation at the time of arraignment. Details: Albany: Office of the Attorney General, 2013. Source: Internet Resource: Accessed August 25, 2017 at: https://ag.ny.gov/pdfs/OAG_REPORT_ON_SQF_PRACTICES_NOV_2013.pdf Year: 2013 Country: United States URL: https://ag.ny.gov/pdfs/OAG_REPORT_ON_SQF_PRACTICES_NOV_2013.pdf Shelf Number: 131684 Keywords: Racial Disparities Racial Profiling Racial Profiling in Law EnforcementStop and FriskStop and Search |
Author: Human Rights Watch Title: "The Root of Humiliation": Abusive Identity Checks in France Summary: Police in France have broad discretion to carry out identity checks even when no wrongdoing is suspected. The stops - known as controle d'identite - can involve lengthy questioning, orders to empty pockets, bag searches, and intrusive pat-downs. Statistical and qualitative research indicates that these checks particularly affect black and Arab young men and boys, subjecting them to frequent humiliating pat-downs without any explanation, in some cases accompanied by insults and physical abuse. Individuals stopped by the police are rarely told the legal basis for the stop, do not receive any written record of the stop, and can face criminal prosecution for bringing complaints. The frequent stops experienced by young black and Arabs suggest that police are engaging in unlawful ethnic profiling - making assumptions about who is more likely to be a delinquent based on appearance rather than on actual behavior. The Root of Humiliation, based on research in Paris, Lyon and Lille, shows that these abusive police stops have a deeply negative impact on relations between the police and minority youth. Many described identity checks as the sharp edge of their broader experience of discrimination and exclusion in French society. Human Rights Watch calls on French authorities to adopt legal and policy reforms to prevent ethnic profiling and abusive treatment. Identity check powers - including pat-downs - should be used only when there is a real, individualized suspicion, and those stopped should be given a written record of the procedure. The police should gather, analyze and publish detailed data on identity checks. Failure to enact reforms will allow abuses to go unchecked, and relations between the police and minorities to deteriorate further. Details: New York: HRW, 2012. 61p. Source: Internet Resource: Accessed October 26, 2017 at: https://www.hrw.org/sites/default/files/reports/france0112ForUpload.pdf Year: 2012 Country: France URL: https://www.hrw.org/sites/default/files/reports/france0112ForUpload.pdf Shelf Number: 123933 Keywords: Human Rights Abuses Police Behavior Police Policies and Practices Racial Discrimination Racial Profiling in Law EnforcementStop and Search |
Author: Doob, Anthony N. Title: Understanding the Impact of Police Stops Summary: Imagine that technology existed such that the police could, electronically, identify and track everyone and every motor vehicle in the city and that this information were stored electronically and available to the police, as required, for solving crime. Even if such information was not admissible as evidence, one could easily see its possible value in solving crime. If a home were broken into, one only would have to search a data base to find out who had been in the neighbourhood. If a pedestrian were hit by a car that did not remain at the scene of the accident, one would only need to see what vehicles had been at that scene around the time of the accident to narrow down the possible suspects considerably. If a person were found to be using or in possession of drugs, one would only need to see whom that person had been in close contact with in recent times to identify a fairly small group of suspects as the source of those drugs. If a person were thought to be a member of a gang, it would be easy to find out whom that person associated with on a regular basis. We don't live in such a society. Obviously the information that the police have about the non-criminal activities of ordinary citizens is much more limited than that described in the previous paragraph. But what if it turned out we did live in the world described in the previous paragraph and people suddenly expressed the desire no longer to live in a world with constant and complete police scrutiny of their ordinary activities? One could imagine the suggestion would be made that not allowing police the kind of surveillance described in the previous paragraph would limit their ability to solve crime. We raise this hypothetical scenario for a particular reason: There is no point in arguing whether complete or highly detailed information about the day-to-day movements or meetings that Canadians have might be useful to the police in solving crime. At a more mundane level, we see on an almost daily basis that footage from 'security' cameras is now routinely used to solve crime in a manner not too different from that described above. Our second example comes closer to the issue of police stops. Imagine that there were no controls whatsoever on the power of the police to stop pedestrians and motorists and ask them to identify themselves. Even if, in law, citizens were not required to identify themselves or to answer any questions, one could argue that maintaining whatever information was obtained could be useful if a crime took place in that neighbourhood or someone associated with the person who had been stopped was suspected of some wrongdoing. That this information could potentially be useful is not the point. The question that needs to be raised in both of these examples is a much more complex one: What might be the 'costs' and 'benefits' to society of these kinds of data gathering programs? Even these two hypothetical scenarios are missing something crucial: comparison groups. The question, in most public policy areas, is not whether there are some successful outcomes from a particular procedure, but whether there are better outcomes overall than there might be under some other procedure. For example, in each of the hypothetical scenarios described above, it might be that deployment of resources in some quite different way or a decision to address some quite different problem would serve the community better than the scenarios described. Or such procedures as described earlier might help solve crime but would lessen cooperation with the police on important matters. Comparison groups or procedures typically are not employed adequately when assessing possible policy choices, but in reality the need for a 'comparison' is usually important. In a discussion about police equipment (e.g., body worn cameras), not only might one want to know whether they affect police or citizen behaviour (implying a comparison with how police or citizens behave without the device), but a serious policy analysis should include an analysis of alternative uses of the resources that would be required for the purchase and use of the devices. An example of the inappropriate use of implied comparisons is when changes in police strength or police tactics are implemented after an unusual (e.g., serious, violent) incident. When police, understandably, change their approach to policing a neighbourhood that experienced an unusual incident or high concentration of serious incidents, they sometimes infer that any subsequent return to 'normal' levels of crime is 'caused' by changes they made in their presence in the neighbourhood. Without adequate comparison areas (e.g., areas that experienced a 'spike' that did not result in changes in policing), such causal inferences simply aren't defensible. The issues become more complex when one moves closer to reality. One fact about crime that noone questions is that it is not evenly (or even randomly) distributed across people, groups of people, or neighbourhoods in our society. Young males, for example, are disproportionately more likely to be involved in a variety of different kinds of crime than other people. People who live in certain kinds of neighbourhoods are more likely to commit offences than people in other neighbourhoods. But some neighbourhoods themselves appear to have characteristics that make them more likely to be the sites for crime above and beyond the characteristics of the individuals who live in them. In this context, a policing perspective that did not consider any other concerns could justify focusing surveillance resources on certain neighbourhoods or types of people (e.g., young males). The problem is that there almost always are other concerns, and concerns that could easily have the effect of undermining the crime control goal of proactive policing activities, such as police stops. This report examines some of the more reliable research that has been carried out on issues broadly related to 'street stops' of ordinary citizens. It makes the assumption that stops can have more than one effect and that some of these effects might, broadly speaking, be favourable and others unfavourable. Hence this report is more than an attempt to answer the question of whether street stops have a short term effect on local crime. We are not claiming to provide an exhaustive review of the literature that summarizes all of the research on issues related to street stops. Were we to do so, we would spend considerable resources reviewing and discarding inadequate research papers. Instead we are relying on Criminological Highlights, a research information service, produced by the Centre for Criminology and Sociolegal Studies of the University of Toronto. The papers summarized in this information service not only have been reviewed by reputable social science journals, but also by our editorial board (currently of about 11 people), which has read and evaluated each paper that is summarized in Criminological Highlights. The one page summaries of articles we cite are attached to this report and are an integral part of it. Most importantly, these summaries make it easy for readers to evaluate the information on which our conclusions are based. Details: Toronto: University of Toronto, Centre for Criminology and Sociolegal Studies, 2017. 90p. Source: Internet Resource: Accessed April 6, 2018 at: http://criminology.utoronto.ca/wp-content/uploads/2017/03/DoobGartnerPoliceStopsReport-17Jan2017r.pdf Year: 2017 Country: Canada URL: http://criminology.utoronto.ca/wp-content/uploads/2017/03/DoobGartnerPoliceStopsReport-17Jan2017r.pdf Shelf Number: 149726 Keywords: Crime HotspotsPolice CrackdownsPolice Policies and PracticesPolice SurveillancePolice-Citizen InteractionsRacial Profiling in Law EnforcementStop and FriskStop and Search |
Author: Foster, Lorne Title: Race Data and Traffic Stops in Ottawa, 2013-2015: A Report on Ottawa and the Police Districts Summary: This report provides a city overview of the findings of the Ottawa Police Service's Traffic Stop Race Data Collection Project (TSRDCP), a pioneering community-based research project that involved undertaking the largest race based data collection in Canadian policing history. The project arose from an agreement between the Ontario Human Rights Commission (OHRC) and the Ottawa Police Services Board (Board), the Ottawa Police Service (OPS). The OHRC and the OPS believe that race based data collection is part of an organizational approach to ensuring bias-neutral policing services. Full information regarding the agreement is available online at ottawapolice.ca/race. The Traffic Stop Race Data Collection Project required police officers to record their perception of the driver's race, by observation only, for traffic stops over a two-year period from June 27, 2013 to June 26, 2015. A total of 81,902 records of traffic stops were examined for this Report. Each record included complete information on race, sex and age, along with complete information on police districts, reasons for traffic stops and outcomes. The record did not include the time of day nor the neighbourhood where the stop occurred. The officers entering the race data reported perceiving the race of the driver prior to the stop in 11.4% of the cases. This research project addresses three issues: INCIDENCES OF TRAFFIC STOPS - Do drivers of different race groups have disproportionately high incidences of traffic stops, when compared with their respective driver populations in Ottawa? Research findings showed that: - The study examines 81, 902 traffic stops where officers recorded their perception of the driver's race: 69.3% White (56,776), 12.3% Middle Easterner (10,066), 8.8% Black (7,238), 4.7% E.Asian/SE Asian (3,875), 2.7% S. Asian (2,195), 1.9% Other racialized minorities (1,545), and .3% Indigenous Peoples (207). - In Ottawa, Middle Easterner and Black groups, irrespective of their sex and age, are the two race groups with disproportionately high incidences of traffic stops. Middle Easterner Drivers were stopped 10066 times, which constituted about 12.3% of the total stops over the two year period. However, these drivers represent less than 4% of the total driving population in Ottawa. This means that Middle Easterner Drivers were stopped 3.3 times more than what you would expect based on their population. Black Drivers were stopped 7238 times, which constituted about 8.8% of the total stops over the two-year period. However, these drivers represent less than 4% of the total driving population in Ottawa. This means that Black Drivers were stopped 2.3 times more than what you would expect based on their population. - With the exception of Indigenous peoples, men aged 16-24 of all race groups (including White) have disproportionately high incidences of traffic stops. The disproportionalities ranged from 64.21% (E. Asian/ S.E. Asian) to 1100.39% (Middle Easterner). - Middle Easterner Male Drivers aged 16-24 were stopped 2302 times, which constituted about 2.8% of the total stops over the two year period. However, these drivers represent less than 0.25% of the total driving population in Ottawa. This means that young Middle Easterner male drivers were stopped 12 times more than what you would expect based on their population. Black Male Drivers aged 16-24 were stopped 1238 times, which constituted about 1.5% of the total stops over the two year period. However, these drivers represent less than 0.2% of the total driving population in Ottawa. This means that young Black male drivers were stopped 8.3 times more than what you would expect based on their population. White Male Drivers aged 16-24 were stopped 6172 times, which constituted about 7.5% of the total stops over the two year period. However, these drivers represent about 4.3% of the total driving population in Ottawa. This means that young White male drivers were stopped 1.7 times more than what you would expect based on their population. REASONS FOR TRAFFIC STOPS - Do racialized minority drivers experience disproportionately high incidences of specific reasons for traffic stops when compared with their White counterparts in Ottawa? Research findings showed that: - The findings showed that the reason most used by police officers in traffic stops is "provincial and municipal offenses". It was used in 79,603 of the 81, 902 traffic stops (97.19%). Police officers did not utilize "provincial and municipal offenses" for traffic stops in a disproportional manner for any racial minority groups. - When compared with the White group, "criminal offences" reason has been used disproportionately by police officers for five of the six racialized minority groups. The data is inconclusive about Indigenous peoples with regard to this issue because the number of stops citing "criminal offenses" was too low to draw any conclusions. - Similarly, "suspicious activities" reason has been used disproportionately by police officers for four racialized minority group - Indigenous peoples (99.37%), Black (148.40%), Middle Easterner (133.70%), and other racialized minorities (132.78%). OUTCOMES OF TRAFFIC STOPS - Do racialized minority drivers experience disproportionately high incidences of specific outcome of traffic stops when compared with their White counterparts in Ottawa? Research findings showed that: - All race groups (including White) have received similar proportions of charges (44.65%) from police officers after traffic stops. - All race groups (including White) have received similar proportions of warnings (41.29%) from police officers after traffic stops. - Indigenous peoples (37.77%), Black (47.28%), Middle Easterner (36.84%), and other racialized minorities (28.21%) groups experienced disproportionately high incidences of "final (no action)" outcomes of traffic stops. This study is a correlational study on the relationship between race, sex, age, and traffic stops in Ottawa. It does not deal with the issue of causality. That is to say, it does not explain why and how these factors are related or not related. For this reason, the findings only provide a big picture of traffic stops in the entire capital city of Ottawa, covering a two-year period from 2013 and 2015 - a picture which provides a fresh and pioneering perspective on race and traffic stops in Canada. Details: Ottawa: Ottawa Police Services Board and Ottawa Police Service, 2016. 72p. Source: Internet Resource: Accessed April 19, 2018 at: https://www.ottawapolice.ca/en/about-us/resources/.TSRDCP_York_Research_Report.pdf Year: 2016 Country: Canada URL: https://www.ottawapolice.ca/en/about-us/resources/.TSRDCP_York_Research_Report.pdf Shelf Number: 149850 Keywords: Racial DisparitiesRacial Profiling in Law EnforcementStop and FriskStop and SearchTraffic Enforcement |
Author: Kalinowski, Jesse Title: Endogenous Driving Behavior in Veil of Darkness Tests for Racial Profiling Summary: : Several prominent applications of the Veil of Darkness (VOD) test, where solar variation is used to identify racial profiling in traffic stops, have found reverse discrimination in cities widely purported to disproportionately target minorities. We develop a theoretical model of traffic enforcement and demonstrate that the VOD test for racial profiling cannot distinguish between discrimination and reverse discrimination. In our model, this problem arises because motorists rationally alter their driving behavior when faced with discriminatory policing. For groups that face discrimination, our model implies that motorists who previously did not speed choose to speed in darkness, when demography cannot be observed, thus creating the possibility that the share of stopped minority motorists increases in darkness. We develop a follow-up test for identifying the direction of differential treatment by examining the speed distribution of motorists across daylight and darkness. Using data on traffic stops in Massachusetts made by State and Local Police, we reject the VOD test for equal treatment and demonstrate that driving speeds of stopped AfricanAmericans are higher in darkness consistent with discrimination. Details: Chicago: University of Chicago, 2017. 82p. Source: Internet Resource: Working Papers 2017-017, Human Capital and Economic Opportunity Working Group, 2017: Accessed May 16, 2018 at: https://www.albany.edu/economics/doc/seminar-files/Kalinowski_Ross_Ross_2017_driving-veil-darkness.pdf Year: 2017 Country: United States URL: https://www.albany.edu/economics/doc/seminar-files/Kalinowski_Ross_Ross_2017_driving-veil-darkness.pdf Shelf Number: 149683 Keywords: Racial BiasRacial DiscriminationRacial Profiling in Law EnforcementTraffic Enforcement |
Author: Southern Poverty Law Center Title: Racial Profiling in Louisiana: Unconstitutional and Counterproductive Summary: Racial profiling - the unconstitutional practice of law enforcement targeting individuals due to the color of their skin - remains an egregious and common form of discrimination and continues to taint the legitimacy of policing in the United States. It is both pervasive and hard to prove. Stopping an individual merely for "driving while black" violates the U.S. and Louisiana constitutions, but few cases have been brought in state or federal courts in Louisiana to challenge racially discriminatory policing. Racial profiling is also problematic from a public safety perspective because it undercuts effective police work by damaging trust in law enforcement. Racial profiling is likely a major driver of Louisiana's high incarceration rate. Although Oklahoma has now surpassed Louisiana as the world's No. 1 incarcerator, Louisiana remains a close second. By expanding the pool of people who come under police surveillance, racial profiling leads police to refer a disproportionate number of people of color for criminal prosecution, often for low-level crimes such as drug possession. Police officers' disproportionate focus on people of color means that they are disproportionately ticketed, arrested, prosecuted, and ultimately imprisoned. In 2016, for instance, black adults comprised only 30.6% of Louisiana's adult population but 53.7% of adults who were arrested and 67.5% of adults in prison. Overall, black adults are 4.3 times as likely as white adults to be serving a felony prison sentence in Louisiana. The SPLC has found large racial disparities in arrest rates across the state that would be difficult to explain by different rates of crime commission alone. For example, in 2016, black people were 2.9 times as likely as white people to be arrested for marijuana possession in Louisiana, despite evidence that black people and white people use marijuana at similar rates. The disparities are much greater in some areas: A black person was six times as likely as a white person to be arrested by the Baton Rouge Police Department (BRPD) for marijuana possession in 2016. Gretna, previously labeled the "arrest capital of the United States" for its sky-high arrest rate, continues to target black people disproportionately for arrests: In 2016, black people comprised two-thirds of people arrested in Gretna but only one-third of the city's population.15 And 67% of the arrests of black people in Gretna were for the nonviolent offenses of drug possession (not sale), drunkenness, disorderly conduct, and other offenses that the FBI does not track due to their relatively minor nature. The death of Alton Sterling, a 37-year-old black man, at the hands of two white BRPD officers on July 5, 2016 highlighted decades-long tensions in Louisiana's capital over police treatment of Louisianans of color, especially African Americans. From the department's crackdown on civil rights marchers in the 1960s, to its illegal searches and arrests in the aftermath of Hurricane Katrina (which raised alarm bells among out-of-state police officers dispatched to the city to assist with public safety), to its militarized response to the protests over Alton Sterling's death,20 the BRPD has consistently over-policed the city's black community and violated the First Amendment rights of people who speak out against police brutality. If the BRPD ever hopes to resolve these longstanding tensions and earn the trust and respect of the city's black residents, who comprise a majority of its population, combatting racial profiling will be an essential first step. Notwithstanding the well-known harms of racial profiling in Baton Rouge and across the state, both for over-policed communities and for public safety more generally, a surprising number of Louisiana police departments do not have policies to address it. The SPLC's investigation revealed that more than a third of the state's law enforcement agencies lack any policy on racial profiling. And the policies that do exist usually fail to explain clearly to officers what racial profiling is and what conduct is prohibited. While the much-needed sentencing reforms Louisiana began implementing in 2017 are projected to reduce the state's prison population by 10% over the next 10 years, resulting in savings of $262 million, none of the reforms focus on the disproportionate policing of Louisianans of color. Eliminating racial profiling must be a priority if Louisiana wants to shed its status as one of the world's most prolific incarcerators. To address these harms, Louisiana law enforcement agencies must adopt and enforce effective policies against racial profiling and take other steps to ensure constitutional policing. For their parts, the Legislature and the Louisiana Commission on Law Enforcement and Administration of Criminal Justice should institute a host of reforms to curb this unconstitutional and counterproductive practice. Details: Montgomery, AL: SPLC, 2018. 52p. Source: Internet Resource: Accessed September 20, 2018 at: https://www.splcenter.org/sites/default/files/leg_special_report_racial_final.pdf Year: 2018 Country: United States URL: https://www.splcenter.org/sites/default/files/leg_special_report_racial_final.pdf Shelf Number: 151597 Keywords: Driving While BlackPolice BrutalityRacial BiasRacial DiscriminationRacial DisparitiesRacial Profiling in Law Enforcement |
Author: Miller, Eric J. Title: Reasonably Radical: Terry's Attack on Race-Based Policing Summary: In this article celebrating the 50th anniversary of Terry v. Ohio, I argue that the criminal justice system is not an integrated system, but a fragmented one. One way it is fragmented, the Terry Court recognizes, is between crime control and public-order policing. Crime control has high-judicial visibility, allowing illegally-gained evidence to be excluded at trial. Public-order policing has low-judicial visibility. What happens on the street stays on the street, and rarely makes it to the courtroom. Read this way, Terry tells lawyers something uncomfortable. In a fragmented criminal justice system, there are some forms of police misconduct that the Court, and the exclusionary rule, just cannot remedy. Doing social activism through law is not enough. The Fourth Amendment lacks the resources to protect us from race-based policing. For the most part, the race-based criticism of Terry focuses, understandably enough, on the Court's failure to engage with a race-conscious approach to the problems of race-based policing. Many of these critiques are urgent and important. However, in an attempt to place the blame for subsequent doctrinal novelties at the feet of the Terry Court, they generally embargo and explain away the Court's explicit discussion of race-based policing and the Court's references-express and implied-to the recently published Challenge of Crime in a Free Society. To reclaim a sense of Terry's powerful engagement with race and reasonableness, I want to separate out Terry from its progeny and suggest that the Court was engaged in a conversation with the 1967 President's Commission Report, The Challenge of Crime in a Free Society. I begin by discussing the President's Commission's radical critique of race-based policing and its even more radical recommendations for reform: recommendations that have largely been ignored and unfulfilled. I then explain how Terry's approach to stop and frisk responds to race-based harassment by, not only adopting, but rendering more stringent, the President Commission's recommendations on the use of stops and frisks. I suggest that Terry's precise, rule-like approach to stop-and-frisk policing precludes its use as a device for low-level racial harassment and limits its use to investigating crimes of violence. This precision enabled the Court to tackle head-on a problem identified by both the Terry Court and the Report: the central place occupied by physical displays of police authority - often called "command presence" - to dominate racial minorities. I conclude by suggesting that critics, frustrated at the way the reasonable suspicion standard has been co-opted by a pro-police agenda, miss the Court's central regulatory claims. Three claims are particularly important: (1) that there is not one criminal justice system, but many overlapping systems; (2) that the police conduct is highly visible in minority communities; but (3) that same conduct is low visibility in the courts that are supposed to regulate their behavior. Constitutional litigation is thus a limited resource against the sort of low-visibility policing that remains separate from the process of criminal prosecution and so incapable of judicial oversight. Details: Los Angeles: Loyola Law School, 2018. 36p. Source: Internet Resource: Loyola Law School, Los Angeles Legal Studies Research Paper No. 2018-31: Accessed September 26, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238801 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238801 Shelf Number: 151698 Keywords: Racial BiasRacial DisparitiesRacial Profiling in Law EnforcementStop and FriskStop and SearchTerry v. Ohio |
Author: Shiner, Michael Title: The Colour of Injustice: 'Race', drugs and law enforcement in England and Wales Summary: Stop and search focuses on low-level drug offences - Use of stop and search has fallen sharply, dropping by 75 per cent from 2010/11 to 2016/17. - Stop and search has become increasingly concentrated on suspected drug offences, most of which involve low-level possession. Half of all stop-searches were targeted at drugs in 2010/11, rising to almost two-thirds by 2016/17. - The intensity of the focus on drugs varies sharply between forces: 82 per cent of stop-searches during 2016/17 were for drugs in Merseyside compared with 46 per cent in Durham. - Substantial variations are evident between forces with similar crime-relevant profiles, suggesting they are largely a function of differences in police policy and decision-making. - Police forces are making operational decisions to target low-level drug possession offences over other, more serious, offences. Stop and search is more disproportionate than ever - The number of stop and searches has fallen sharply for all ethnic groups, but has fallen most sharply for white people even though they had relatively modest rates of exposure at the outset. - Disproportionality has increased as the use of stop and search has fallen, indicating that residual use of the powers is more heavily concentrated on black and minority ethnic groups. - Black people were stopped and searched at more than eight times the rate of white people in 2016/17. Asian people and those in the 'mixed' group were stopped and searched at more than twice the rate of white people. - Black people were stopped and searched for drugs at almost nine times the rate of white people, while Asian people and those in the 'mixed' group were stop-searched for drugs at almost three times the rate of white people. - The 'find' rate for drugs is lower for black than white people, suggesting that such searches are carried out on the basis of weaker 'grounds' for black people. Variations across forces point to discrimination - Forces vary sharply in their overall use of stop and search as well as their rates of disproportionality. Such differences are evident between forces with similar crime-relevant profiles, suggesting they are largely a function of police policy and decision-making. - High rates of stop and search in London are an important driver of ethnic disproportionality because a large proportion of the black and minority ethnic population live in the capital - Black people were stopped and searched at a higher rate than white people by every force in England and Wales during 2016/17. Disproportionality ratios varied from 1.7 in Durham to 20.4 in Dorset for all stop-searches; and from 1.7 in Cleveland to 26.5 in Dorset for drug searches. - Some forces have substantially reduced their use of stop and search without seeing a corresponding increase in disproportionality. Other forces have combined much more modest reductions in stop and search with high, and increasing, rates of disproportionality. London data point to patterns of geographic and individual profiling - Overall rates of stop and search are higher among inner than outer London boroughs. - Variations between boroughs are strongly linked to levels of deprivation. Overall rates of stop and search are highest in more deprived boroughs with considerable inequality. - Rates of stop and search appear to be more sensitive to deprivation and inequality than crime. The concentration of stop and search in deprived boroughs cannot be explained by patterns of drug use, including cannabis use. - The concentration of stop and search in boroughs with high levels of deprivation and inequality fuels disproportionality because people from black and some other minority ethnic groups tend to live in such areas in relatively large numbers. - 'Race' complicates and confounds the general relationship between stop and search and deprivation. Rates of stop and search for black people do not vary with levels of deprivation. - Disproportionality is highest in relatively wealthy and affluent boroughs. White people are subject to very low rates of stop and search in such locations, while black people continue to experience heightened rates of intervention. This pattern is consistent with ethnic profiling because it indicates that black people are being singled out for suspicion. Arrests and out of court disposals exacerbate ethnic disparities - Stop and search was responsible for 39 per cent of all arrests for drugs in 2016/17 compared with 3 per cent of arrests for other offences. - The rate at which stop and search identifies stolen or prohibited items is similar for all ethnic groups, though the 'find rate' for drug searches is lower for black than white people. - The rate at which further action is taken, leading to a criminal justice outcome, is similar for all ethnic groups, but there are marked differences in the type of action taken. - Black people are more likely to be arrested as a result of stop and search than white people, but less likely to be given an out of court disposal. This means black people are more likely to be prosecuted. - Penalty notices for disorder (PNDs) or 'on the street- fines are the only out of court disposal that black people receive at higher rate than white people. Unlike other out of court disposals, PNDs do not require an admission of guilt. - The number of arrests from stop and search has fallen much more sharply for white than black people. Arrests from drug searches halved for white people between 2010/11 and 2016/17, but remained stable for black people. - Stop and search accounts for a much larger proportion of arrests of black than white people: 17 per cent compared with 5 per cent for all offences; and 57 per cent compared with 31 per cent for drug offences. Such disparities suggest that the disproportionate application of stop and search is largely a function of police policy and decision-making rather than crime. Sentencing decisions perpetuating injustice - Ethnic disparities introduced by stop and search and other forms of police activity follow through to prosecution, conviction and sentencing. - Black people were prosecuted for drug offences at more than eight times the rate of white people in 2017. This compared with almost four times the rate for all indictable offences. - More black people were prosecuted for cannabis possession than supply of Class A or B substances combined. The balance was reversed for white people. - Black and Asian people were convicted of cannabis possession at 11.8 and 2.4 times the rate white people despite their lower rates of self-reported use, providing prima facie evidence of discrimination. - Black people made up a quarter of those convicted of cannabis possession even though they comprise less than 4 per cent of the population. - Black people were sentenced to immediate custody for drug offences at 9.1 times the rate of white people, but given suspended sentences at 5.6 times the rate of white people. Details: London: StopWatch, Release, International Drug Policy Unit, 86p. Source: Internet Resource: Accessed November 2, 2018 at: https://www.release.org.uk/sites/default/files/pdf/publications/The%20Colour%20of%20Injustice.pdf Year: 2018 Country: United Kingdom URL: https://www.release.org.uk/sites/default/files/pdf/publications/The%20Colour%20of%20Injustice.pdf Shelf Number: 153151 Keywords: Drug Abuse and AddictionDrug EnforcementDrug OffendersRacial DisparitiesRacial Profiling in Law EnforcementStop and Search |
Author: Ristroph, Alice Title: The Constitution of Police Violence Summary: Police force is again under scrutiny in the United States. Several recent killings of black men by police officers have prompted an array of reform proposals, most of which seem to assume that these recent killings were not (or should not be) authorized and legal. Our constitutional doctrine suggests otherwise. From the 1960s to the present, federal courts have persistently endorsed a very expansive police authority to make seizures - to stop persons, to arrest them, and to use force if the arrestee resists. This Article reveals the full scope of this seizure authority. Of particular importance are the concepts of resistance and compliance. Demands for compliance with officers, and a condemnation of resistance that authorizes police to meet resistance with violence, run throughout constitutional doctrine. Ostensibly race-neutral, the duty of compliance has in fact been distributed along racial lines, and may be contrasted with a privilege of resistance (also race-specific) elsewhere protected in American law. Tracing resistance and compliance helps reveal the ways in which the law distributes risks of violence, and it may help inspire proposals to reduce and redistribute those risks. Details: Unpublished paper, 2016. 58p. Source: Internet Resource: Seton Hall Public Law Research Paper: Accessed January 28, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2847300 Year: 2016 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2847300 Shelf Number: 154406 Keywords: Fourth AmendmentPolice Deadly ForcePolice Use of ForcePolice ViolenceRacial Profiling in Law EnforcementRacismStop and SearchTraffic Stops |
Author: Perera, Jessica Title: The London Clearances: Race, Housing and Policing Summary: After the 2011 'riots' in England and Wales, prime minister David Cameron, London mayor Boris Johnson and Department, Works and Pensions Secretary, Iain Duncan Smith laid the blame squarely on 'gangs', described as a 'major criminal disease that has infected streets and estates' and an obstacle to 'neighbourhood rejuvenation, community action and business development'. An existing discussion about what was to be done about London's so-called 'sink estates' was transformed overnight into a 'race' debate, underpinned as it was by a highly racialised alarmist language about 'gangs' and 'gang nominals' (today's equivalent of yesterday's muggers). A stigma began to be attached to black and multicultural neighbourhoods and council estates, linked now to dangerous black youth subcultures like Grime and Drill. All this happened at around the same time that the Home Office was introducing its Ending Gang and Youth Violence (EGYV) strategy, which provides local authorities financial incentives to gather data on young people in gangs or at risk of gang involvement. The Conservative government's existing Estate Regeneration Programme was also accelerated; involving the selling off of local authority-owned housing estates to private partnerships and the decanting of social housing tenants outside the capital in a process that has been described by Simon Elmer and Geraldine Dening as the 'London Clearances'. Politicians could have looked to the real causes of the riots, such as social pressures due to austerity-induced welfare benefit cuts, the closing of youth clubs, aggressive police operations and ill-thought out policies like the ending of the Educational Maintenance Allowance. Housing experts had long warned that the gradual social cleansing of London was eroding community bonds, leading to young people being dispossessed of family, community and social identity. Community workers like Stafford Scott and criminologists like Patrick Williams and Becky Clarke were charting the links between the criminalisation of young working-class BAME people in London and Manchester due to the joint enterprise doctrine, the Gangs Matrices and the moral panic around 'gangs'. Urbanisation scholars and housing activists were linking the social cleansing of the capital with the benefits accruing to another cohort of young people, this time middle-class gentrifiers. In The London Clearances: race, housing and policing the IRR seeks to build on the existing research in ways that foreground more emphatically the connections between urban policy, housing and policing. Our aim is to link knowledge which focuses on institutional racism in policing policy with that which focuses on housing dispossession, regeneration, inequality and exclusion. The purpose is not only to explore the connective tissue between housing and policing, but to develop a much-needed race and class perspective on these issues. After all, London has the largest BAME population in the country with that population predominantly concentrated in social housing. If we are to provide a wider evidence base for NGOs and community campaigns combating institutional racism in policing and/or resisting housing injustice and the race/ class social cleansing of the capital, it is ital that we examine issues of race and class simultaneously. Details: London: Institute of Race Relations, 2019. 40p. Source: Internet Resource: Accessed February 21, 2019 at: http://s3-eu-west-2.amazonaws.com/wpmedia.outlandish.com/irr/2019/02/19145750/London-Clearances.pdf Year: 2019 Country: United Kingdom URL: http://s3-eu-west-2.amazonaws.com/wpmedia.outlandish.com/irr/2019/02/19145750/London-Clearances.pdf Shelf Number: 154683 Keywords: GangsNeighborhoods and CrimeRace RelationsRacial BiasRacial DiscriminationRacial Profiling in Law EnforcementRiotsUrban Areas and Crime |
Author: Sequino, Stephanie Title: Driving While Black and Brown in Vermont Summary: Vermont is perceived to be a political outlier in the United States. It was the first state to outlaw slavery in 1777. And in our more recent history, Vermont was one of the first states to legalize civil unions and to push (unsuccessfully) for a single payer health care system. When it comes to race relations, it is assumed that Vermont is equally liberal and as result, racial bias towards people who are Black and Hispanic, evident in other parts of the country, should largely be absent here. This paper investigates that assumption. In particular, the authors analyze police traffic stop data to assess the extent, if any, of racial disparities in policing. This task is made possible by legislation passed in the Vermont House that required police departments to begin to collect traffic stop data by race as of September 2014. Our goal in this study is to examine whether the treatment of Black and Hispanic drivers differs significantly from that of White and Asian drivers. We compiled the dataset used to conduct this analysis from data sent to us by individual law enforcement agencies. A number of agencies were unable to deliver the full dataset because they lacked administrative support to extract the data and provide it in a form that was analyzable. County sheriff's departments were less likely than municipal police agencies to be able to provide the requisite data. Some agencies collected only a few of the required categories of data, and in cases where essential data were missing, results from these agencies could not be included. Finally, in many cases, the collection of race data was incomplete, such that there are a large number of police stops with missing information. Also, the starting date of data collection varied between agencies. In total, this report is based on data from 29 police agencies. These include 24 out of 44 municipal police agencies. Because our dataset covers the largest towns and cities in Vermont, however, it represents 78% of the total population policed by all municipal police agencies. In addition, the dataset includes three out of 14 county sheriff departments as well as the Vermont State Police and University of Vermont police. In this study, we conducted analysis at four levels: 1) the state, 2) counties, 3) local police agencies, and 4) within-agency at the officer level where data by officer was provided. At the state level, we evaluated racial disparities for 2015, the only year for which we have complete data for all 29 police agencies. In addition, we evaluated racial disparities by county, based on aggregating the 29 agencies included in our data set, also for 2015. The state and county analyses are of particular relevance in understanding the experience of traffic policing from the perspective of Black and Hispanic drivers in Vermont. Finally, we evaluate results for each agency separately using all years for which data was provided. Agency-level data reveal differences in patterns of policing across the state. Due to the limited data available from some of the smaller agencies, we could only make statistically reliable inferences on racial disparities for a restricted set of indicators. Nevertheless, we provide a full summary of traffic stops and outcomes by race for individual agencies in Appendix A, Table A4. Our study is based on an analysis of several indicators, no single one of which is evidence of racial bias. Rather, the collective results from all of the indicators provide the basis for our summary assessment. The indicators in this study include: 1) stop rates by race compared to racial shares of the population; 2) males as a share of stops by race, 3) the proportion of drivers by race receiving citations; 4) racial differences in arrest rates; 5) racial differences in search rates; and 6) the percentage of searches that yield contraband (the "hit" rate). Where an agency has provided data, we also offer an agency-level analysis of stop behavior by officer. Among our main findings are the following: - Ticket rates: At the state level, Black and Hispanic drivers are more likely to receive a citation once stopped than are White or Asian drivers. - Arrest rates: At the state level, the Black arrest rate is almost double the White arrest rate. At the agency level, disparities differ. For example, at the high end, Black drivers stopped by Rutland police are 2.6 times more likely to be arrested than White drivers, subsequent to a discretionary stop (excluding arrests on warrant), and in Williston, 2.3 times more likely. - Search and "hit" rates: At the state level, Black drivers are four times more likely to be searched, subsequent to a stop, than White drivers. Hispanics also experience elevated search rates compared to Whites; they are almost three times more likely to be searched. Asian drivers are less likely to be searched than White (or Black and Hispanic) drivers. In contrast to these search rates, Black and Hispanic drivers are less likely than White or Asian drivers to be found with contraband that leads to a citation or an arrest. Officers would appear to have a lower threshold of evidence for searching vehicles with Black and Hispanic drivers. This suggests a problem of over-searching of Black and Hispanic drivers as compared to a possible under-searching of White and Asian drivers. Variations exist at the agency level. However, only a few agencies have sufficient data to make statistically reliable inferences on racial differences in hit rates. Among those that do (Burlington, Rutland, Vermont State Police), hit rates of Black drivers are lower than of White drivers. Hits that result in arrests - indicative of more serious contraband - occur also at a lower rate for Black drivers than White drivers for all of three of these agencies as well as Williston. - Stop rates: Black and Hispanic drivers are stopped at a higher rate than their share of the population while White and Asian drivers are stopped at rates that are below their population shares. Stop rate disparities are often subject to criticism because researchers typically lack precise measures of the driving population. We have sought to overcome that by using accident data on the race of not-at-fault drivers. Also, most of our indicators of racial disparities are based on post-stop outcomes, which do not rely on estimates of the driving population. - Male drivers are more likely to be stopped than female drivers, regardless of race/ethnicity. But the racial disparities in male shares of stops are notably large. At the agency level, for example, in Middlebury, among Black drivers stopped, 88% are male, while among White drivers stopped, 62% are male. Overall, Black and Hispanic males comprise a larger share of stopped drivers in their racial/ethnic group than do White males, suggesting a possibility that Black and Hispanic males, in particular, are targets of heightened police scrutiny. - Officer stop rates of Black drivers: Twelve agencies provided traffic stop data by officer, allowing us to calculate within-agency disparities in stop rates. The results indicate that the disparity in Black/White stop rates at the agency level cannot, in general, be attributed to the behavior of just a few officers. The data indicate that this behavior is common to many officers, perhaps suggesting more pervasive cultural norms within agencies that contribute to disparities. Of note, in Brandon Police Department, 67% of officers stop Black drivers at a rate that is 50% greater than their share of the population. A sizeable share of officers in Bennington, Manchester, Middlebury, and Winooski also stop Black drivers at rates higher than expected, given population shares. In addition to disparities in stop rates by race by officer, we also found evidence of variation by officer in the completeness of their legally required data reporting. - Data quality: Missing data is a concern. Some agencies were not able to respond to our request for data. Moreover, many agencies have high rates of missing data in key categories. For example, in St. Albans Police Department, race was not recorded in 29% of stops, and in Addison County Sheriff Department, race was missing in 17% of traffic stop incident reports. Missing data undermines efforts to accurately assess the degree of racial disparities in traffic policing Details: Unpublished paper, 2017. 79p. Source: Internet Resource: Accessed April 15, 2019 at: https://www.uvm.edu/giee/pdfs/SeguinoBrooks_PoliceRace_2017.pdf Year: 2017 Country: United States URL: https://www.uvm.edu/giee/pdfs/SeguinoBrooks_PoliceRace_2017.pdf Shelf Number: 155406 Keywords: Racial DisparitiesRacial Profiling in Law EnforcementStop and SearchTraffic Policing |
Author: City Club of Portland Title: A City Club Report on Measure 105: Repeal of Oregon's "Sanctuary" State Law Summary: Current Oregon law (ORS 181A.820) prevents state and local law enforcement from using money, equipment, or personnel to enforce federal immigration law. This law has been in place since 1987. Though the law was adopted with preservation of state and local resources in mind, the impetus for the policy was grounded in racial profiling by law enforcement, which was highlighted by a highly publicized class action lawsuit in 1977. Measure 105, if passed, would strike down ORS 181A.820 and remove these limitations on enforcement agencies. In essence, the debate for Measure 105 concerns whether state and local law enforcement can or should enforce federal immigration law. The discussion raises issues of rule of law, racial profiling, and public trust in law enforcement. Your committee reviewed the literature, heard expert testimony, and concluded that preserving ORS 181A.820 and voting no on Measure 105 is in the best interest of Oregon's community at large in order to (1) continue providing protection against racial profiling from law enforcement, (2) promote trust in law enforcement, especially among communities of color, and (3) maintain the rule of law and separation between criminal (state/local) and civil (federal) enforcement. Recommendation: The committee recommends a "No" vote. Details: Portland, OR: Author, 2019. 33p. Source: Internet Resource: Accessed June 27, 2019 at: https://www.pdxcityclub.org/wp-content/uploads/2018/08/Measure-105-Sanctuary-State-FINAL.pdf Year: 2019 Country: United States URL: https://www.pdxcityclub.org/wp-content/uploads/2018/08/Measure-105-Sanctuary-State-FINAL.pdf Shelf Number: 156712 Keywords: Immigrants Immigration Enforcement Immigration Policy Racial Profiling in Law EnforcementSanctuary Cities Sanctuary Law |