Policing and Racial Minority Communities: Challenges and Reforms

1. Justice on the Street?: The Police & Racial & Ethnic Minorities Chapter 4

2. You will be familiar with the most important issues related to police and people of color. • You will be able to make sense of the complex data on police arrests, use of force, use of deadly force, and racial profiling. • You will be able to discuss the difference between racial disparities and racial discrimination. • You will be able to discuss the most important reforms in policing and whether or not they have succeeded in reducing racial disparities. • You will be knowledgeable about police-community relations programs, and which ones work and do not work in terms of improving relations between the police and communities of color. • You will be familiar with the trends in the employment of people of color in policing, and be able to discuss what difference it makes in terms of actual police work. Chapter Goals

3. Federal government indictment of nine New Orleans police officers for fatal shootings of African Americans during the 2005 Hurricane Katrina. • Investigations of the shootings by the New Orleans Police Department had been superficial and had exonerated the officers. • Arizona Immigration Enforcement Law of 2010 • The arrest of Harvard Professor Henry Louis Gates A 21st Century Reality

4. A 21st Century Reality Cincinnati Riot (April 2001) • 15 African Americans shot & killed by police from 1996-2001 • Final shooting provoked a riot • Police investigated by US Justice Department • Justice Department filed a "pattern or practice” suit against the police department • Consent decrees requiring major reforms of the Cincinnati police department

5. 2008 – Arrests for Violent Crimes • African Americans 12 percent of the population but 40 percent of all arrests for violent crimes and 56 percent of all robbery arrests. • 2008 – Police Shooting resulting in death • African Americans are 4 times as often as whites to be shot and killed. • Down from a ratio of 8:1 in the early 1970s A 21st Century Reality

6. David Bayley and Christine Nixon (2010) • Six challenges facing American policing • (1) Declining budgets and the rising cost of sworn police officers • (2) Terrorism • (3) New immigrants, both legal and illegal • (4) Racial discrimination • (5) Intensified accountability • (6) Police unions Changing Environment for Policing

7. Contextual Approach Contexts of Policing • Variations by racial and ethnic group • African American, Hispanic, Native American, Vietnamese, etc. • Variations by police department • More professional vs. less professional • High rates of use of deadly force vs. low rates

8. Variations within each racial and ethnic group • By social class and by nationality group • Recent immigrants vs. long-time residents • Middle class vs. poor • Variations by department units, policing strategy, or crime problem • Patrol unit vs. gang unit vs. traffic enforcement unit • War on drugs efforts, immigration enforcement, anti-terrorism programs Contextual Approach

9. Unequal Justice? Hispanics • Communities often underserved by police • Language barriers • Officers unable to speak Spanish • Residents unable to speak English • Fewer calls to police • Fear of immigration enforcement Native Americans • Complex jurisdictional issues • Training issues • Interrelated issues • political power, land, economic development, [and] individual despair.

10. Historical Conflict Three major eras of riots related to police abuse • 1917–1919 • East St. Louis Riot • Houston Riot • Chicago Race Riot/Red Summer of 1919 • 1943 • -Zoot Suit Riots • Detroit Race Riot • 1964–1968 • New York City Race Riot • Watts Riot • Division Street Riots • Newark Riots

11. Police and Changing America • Immigration presents police challenges • Demographic shifts also provide challenges • Between 1980 and 2008, the Hispanic population increased from 6.4 percent of the U.S. population to 13 percent and is now the largest people of color community in the country • Potential conflict along racial & ethnic lines • Competition for political & economic power • Language and diversity training help promote better communication

12. New Immigrant Communities • Many people who do not speak English well • Reluctance to report crime • Fear of police • Impact of federal immigration enforcement • Confusion over role of local police in enforcing immigration laws • Misunderstandings arising from cultural differences • Problematic encounters between individuals and police officers Policing challenges: New Immigrants

13. COPS Office report on Policing in New Immigrant Communities • Strong Leadership from the chief or sheriff • Training officers about cultural differences • Recruiting a more diverse police force • Community internships as a part of police cadet training • Language mirroring within the service population Adapting the police

14. Public Attitudes About Police “Confidence” • Public attitudes about police are linked to relations between police & communities • Data contradict popular notion of hostility between minorities & police • Quality of life impacts attitudes about police • 2009 Poll on Confidence in the Police • 88 percent expressed either a ‘‘great deal’’ or ‘‘some’’ confidence • 10 percent expressed ‘‘very little’’ confidence • 6 percent of whites had “very little” confidence • 27 percent of African Americans had “very little” confidence • ** The poll did not distinguish between Hispanics and non-Hispanic whites

15. 2003 Survey on Perceptions of being “Treated unfairly” • Respondents who felt they had been “unfairly stopped” by the police • 37 percent of African Americans • 4 percent of whites • 2001 Survey on Perceptions of being “Treated unfairly” • Respondents who felt that the police in their community did not treat all races fairly • 58 percent of African Americans • 27 percent of Hispanics. • 20 percent of whites Public Attitudes About Police

16. Klockers (1991) Police and the Poor • The police deliver services to the poor. • The police focus on the control of the poor. • The poor need corrective violence or at the least close supervision. • The poor commit more violent crimes than other groups, resist apprehension by violent means, and more often free to avoid prosecution. • Do you agree with the perspective of Klockers? Which of the perspectives do you most disagree with? You Decide

17. Impact of Police Officer Conduct Procedural Justice • “Process” administered by justice officials, determines situational satisfaction of citizens • A person’s treatment by an officer affects their view of the encounter • Vicarious perceptions are of importance in the perception of police officers.

18. Policing Minority Communities Racial & ethnic minorities are not homogeneous • Many African Americans fear police based on their historical relationship • Police may fear minorities (Symbolic Assailant) • Minorities may try to be “extra” friendly with officers to avoid being beaten or shot • Despite issues are more likely to report crimes to the police • Many Hispanics fear calling police due to possible language or immigration issues • Many have little understanding of US legal system

19. Policing Minority Communities Racial & ethnic minorities are not homogeneous • Many Native Americans deal with complex jurisdictional police administration issues • Limited jurisdiction impacts how crime is dealt with • Policies often favor interests of US government rather than tribal communities • Many Americans of Arab or Middle Eastern origin have been subject to much harsher treatment since 9/11 • Racial profiling, hate crimes, detainment, etc.

20. Attempts to reduce the jurisdictional challenges associated with violent crime • Nearly one out of 3 Native women will be sexually assaulted in their lives. • Expanded protection of Native American and Alaska Native women • Standardized the sexual assault protocol • Ensures proper treatment and care 2010 Tribal Law and Order Act

21. Deadly Force Fleeing Felon Rule • Ruled unconstitutional after Tennessee vs. Garner • Data shows whites shot much less than African Americans (4:1 Ratio) • Little data on Hispanics (who may be classified as white) • Virtually no data on Native Americans, Asians

22. (2010) Fridell - Long-term chances in police use of deadly force • Social science research documented racial disparities in persons shot and killed and raised public consciousness about this problem. • Police departments have developed formal policies governing when officers can and cannot use deadly force. We discuss this in detail shortly. These policies are part of a general movement to control discretion in criminal justice. Long-term Changes: Deadly Force

23. The demand for racial justice as part of the larger civil rights movement has also affected police practice. When we discuss racial profiling, we will examine evidence that publicity about discrimination affects police practices. • Concerning shootings in particular, civil liability for unjustified deaths at the hands of the police, and the resulting damage awards, has forced local governments to take steps to avoid such tragedies in the future. Long-term Changes: Deadly Force

24. Controlling Police Shootings Defense of Life Rule • Limits legitimate shooting parameters • Rate of fatal police shootings has declined May not change individual attitudes, but controls individual behavior.

25. Police Brutality From an interview in New York City… • Q: Did you beat people up who you arrested? • A: No. We’d just beat people in general. If they’re on the street hanging around drug locations… • Q: Why? • A: To show who was in charge.

26. Chevigny (1969) • Contempt of Cop • Cover Charging • Fyfe (1987) • Split Second Syndrome • Hunt (2006) • Symbolic or physical assault against the (1) authority, (2) person, or (3)property of the officer is justification for excessive force. History of Misconduct

27. Police Brutality BJS Data on threat of force and actual force • (2005) African Americans are three times more likely than whites to experience threatened or actual force • Hispanics more likely than whites, but less likely than African Americans, to experience either Officer Behavior • Largely influenced by… • Context or situation • Perceived criminal involvement • Demeanor of citizen • Citizen’s social status

28. Use of Force and Arrests • Consent Decree of 2001 • Harvard University evaluation found evidence of genuine improvements • Between 2004 and 2008 use of the most serious forms of force by LAPD officers declined by 30-prcent • The overall rate of force per 10,000 arrests declined from 8.1 to 6.2 percent. Reducing Disparities

29. Discrimination in Arrests? Race of officer and citizen • More racial minorities than whites arrested • Race of officer has no influence on arrest • Question: Do African American officers arrest African Americans more? Zero-Tolerance Policing • Concentration on minor crimes • Some consider it harassment • Example: African American girl arrested for eating on a subway and handcuffed to a rail

30. Racial Profiling African American attorney Robert Wilkins • Stopped by state police on highway • Subjected to prolonged detention, illegal search • His lawyers studied highway traffic patterns for possible discrimination • African Americans did not speed more… • but were 73% of all drivers stopped… • and 81% of all cars searched!

31. Racial Profiling When race is considered an indicator of criminality • Stopping based on race alone is illegal • Racial and ethnic minorities have indicated it is: • Widespread in shopping malls & stores • Common on roads

32. Racial Profiling Contexts • “War on Drugs” • Image of minorities as involved in drug trafficking • US Customs was stopping African American women 9 times as often as white women… • … and finding fewer drugs and weapons. • “Out of place” • White person visiting a friend in a poor minority neighborhood might be detained • “Crackdown on crime” • Focus on “high-crime” areas leads to more stops of racial & ethnic minorities

33. Traffic Stop Data Problem • Researchers need a clear baseline in order to interpret traffic stop data • When does data show discrimination or lack of it? Eliminating Bias • More training • Collected data for all stops • Better policies & procedures

34. Traffic Stops PERF Policy Recommendations • Be courteous & professional • State reason for stopping when appropriate • Answer citizen’s questions • Provide name & badge number if asked • Apologize if reasonable suspicion for stop was unfounded

35. Police Corruption & People of Color Knapp Commission • Found payoffs to some officers in wealthy areas • Found payoffs to protect drug trade in African American & Hispanic communities Police corruption harms racial and ethnic communities by: • Perpetuating poor quality of life • Allowing crime to flourish in neighborhoods with little ability to combat problem • Damaging relations between police and law-abiding citizens

36. 2009 Stop and Frisk • 575,000 people were stopped by the police (Up from less than 200,000 in 2003) • About 12 percent of all stops resulted in an arrest or summons, and only 762 guns were seized • The hit rate on guns, moreover, was higher for whites than for African Americans (guns found in 1.7 percent of all stops vs. 1.1 for African Americans) NYPD stop and frisk policy

37. Police Community Relations Programs • Special Units • Police-community relations programs (PCR) • Sends officers to schools & community groups • Not effective during 1960s & 1970s • Community Policing • Designed to foster two-way communication • Positive impact on citizen attitudes of police • Positive impact on police attitudes of citizens

38. Citizen Complaints Against Police • Police seen as unresponsive to complaints against them • Racial & ethnic minorities often accuse police of failing to investigate, “covering up” • Most people who believe they are a victim of police misconduct do not report it • Internal Affairs • Self-regulatory units to investigate police action • Community review boards can help avoid conflict of interest

39. Police Employment Practices • Discriminatory hiring has been a problem historically • In more recent times, greater effort has been made to hire with diversity in mind • EEO Index helps measure police representation compared to the community served

40. Police Employment Practices Bias in police assignment has been a problem… • Minority officers only in minority neighborhoods • African American officers unable to arrest whites during Segregation • Racial and ethnic bias in allocation of positions • Minority (plain-clothed) transit officers shot as suspected criminals

41. Minority Policing Organizations • Many organizations exist • e.g. National Association of Black Narcotics Agents (NABNA) • Promote fair hiring and staffing practices by police • Provide research to aid questions about scope of problem(s) • Address reality that minority officers may have different perspectives from white officers

42. Conclusion • Significant problems still exist in police relations with minority communities • Perceptions of both sides impact actual process of justice • Questions about police actions will continue as long as bias and perceived bias exists • Bias in hiring and assignments mirrors social bias • Efforts to improve this reality have helped and more can be done

43. Key Terms • Tribal police • Fleeing Felon Rule • Defense of Life Rule • Police brutality • Excessive force • Arrest & Detain • Zero-Tolerance • War on Drugs • Out of place • Crackdown on crime • Baseline • Verbal abuse • Racial profiling • PERF • Corruption • Community • Special unit • Immigration • Public opinion • Procedural justice • Language barriers • Internal Affairs • Citizen complaints