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Describe the rise of racial profiling as a paradigm in contemporary police practices Discuss the ACLU report on racial profiling Identify the early models designed to measure racial profiling in law enforcement settings Discuss the academic literature¶s contributions on issues pertaining to racial profiling
Learning Objectives (cont.)
Understand the importance of implementing an educational campaign on racial profiling Discuss the benefits of training police personnel on racial profiling issues Understand the concept of ³culture´ Discuss the concepts of ³Symbolic Interaction´ as they pertain to racial profiling
) Discuss the recommended changes to selected aspects of police culture in an attempt to establish a long-term solution to racial profiling practices Understand the importance associated with the implementation of an evaluation component designed to measure police attitudes and practices on racial profiling .Learning Objectives (cont.
2001 terrorist attacks against the United States Identify the major areas in which policing is likely to change in the near and distant future as these relate to racial profiling practices and legislative mandates .Learning Objectives (cont.) Discuss the future of racial profiling in light of the September 11.
except that . to any degree. on race. or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. ethnicity.Defining Racial Profiling (U. or national origin in selecting which individuals to subject to routine investigatory activities.S. House of Representatives) Racial Profiling: The term ³racial profiling´ means the practice of a law enforcement agent relying.
.) that racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement agent is seeking to apprehend a specific suspect whose race. or national origin is part of the description of the suspect. ethnicity.Defining Racial Profiling (cont.
ethnicity.Defining Racial Profiling (U. on race. except that . or national origin in selecting which individuals to subject to routine investigatory activities. or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. to any degree. House of Representatives) Racial Profiling: The term ³racial profiling´ means the practice of a law enforcement agent relying.S.
or national origin is part of the description of the suspect. ethnicity. .) that racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement agent is seeking to apprehend a specific suspect whose race.Defining Racial Profiling (cont.
nternational Association of Chiefs of Police Definition Racial Profiling: ³The detention. or other disparate treatment of any person on the basis of their racial or ethnic status or characteristics´ . interdiction.
PERF Definition of Racial Profiling ³Racially biased policing occurs when law enforcement inappropriately considers race or ethnicity in deciding with whom and how to intervene in an enforcement capacity´ .
Halfway through the episode ± perhaps realizing the extent of their lawlessness ± the troopers shut off the patrol car's video evidence camera. Gerald and his young son Gregory drove across the Oklahoma border into a nightmare. Army Sergeant First Class Rossano V. placed both father and son in a closed car with the air conditioning off and fans blowing hot air. which lasted two-and-half hours. a black man of Panamanian descent.ACLU·s Driving While Black ³On a hot summer afternoon in August 1998. SFC Gerald. A career soldier and a highly decorated veteran of Desert Storm and Operation United Shield in Somalia.S. 37-year-old U.´ . and warned that the dog would attack if they attempted to escape. found that he could not travel more than 30 minutes through the state without being stopped twice: first by the Roland City Police Department. During the second stop. the troopers terrorized SFC Gerald's 12-year-old son with a police dog. and then by the Oklahoma Highway Patrol.
Strengthening Police-Community Relationships Conference Racial Profiling Conference held in Washington DC (June. 1999) President Clinton called racial profiling a ³morally indefensible. deeply corrosive practice´ This conference led to the President¶s directive to federal agencies to collect data on the race/ethnicity of person stopped .
Racial Profiling: The Texas Experience Texas Senate Bill 1074: Passed in May. 2002 Mandates law enforcement agencies to adhere to standards regarding racial profiling Ignores that before it was passed. racial profiling practices were already prohibited . 2001 Became effective January 1.
2004 (Second Year of Reporting for ALL agencies. 2002 (SB 1074 becomes effective) March 1.Senate Bill 1074 Timeline: January 1. Tier 2 reporting required from some agencies). 2003 (First Racial Profiling Reports are Due) March 1. .
an individual-based problem and NOT an institutional issue Racial Profiling emerges from ³social issues´ and it will not be solved by ³law enforcement agencies´ Aggregate data does not reveal if racial profiling practices are in place (or not). for the most part.Racial Profiling Racial Profiling is. .
setting policy and mandating training .³walk your talk´±.by personal example.Leadership Responsibilities Remind officers of their responsibility to honor their oath to uphold the Constitution Ensure that the police officers function lawfully and with high standards of ethics and integrity Set the tone by word and deed--.
) Hold officers and their supervisors accountable for treating citizens lawfully.Leadership Responsibilities (cont. respectfully. and courteously in all interactions Ensure that the various community concerns are addressed openly and with dignity .
1999: More than ½ of Americans polled (59%) believe that police actively engage in racial profiling ± 56% of Whites believe racial profiling is pervasive ± 77% of Blacks believe racial profiling is pervasive .Group Exercise According to the Gallup Poll released December 9.
what can you do to respond to such outcomes to ensure that you maintain/improve the relationship with the community? . Question 2: As the leader of your agency.) Question 1: Given these statistics. how do you think citizens¶ perception of racial profiling affect your agency¶s relationship with citizens in your community.Group Exercise (cont.
The Texas Experience Senate Bill 1074 .
Clearly defined act of actions that constitute racial profiling Statement indicating prohibition of any peace officer employed by the police department from engaging in racial profiling Implement a process by which an individual may file a complaint regarding racial profiling violations Provide public education related to the complaint process Implement disciplinary guidelines for officers found in violation of the Texas Racial Profiling Law . 4. 2. 5.Texas Racial Profiling Law Requirements: 1. 3.
Texas Racial Profiling Law Requirements (cont. Produce an annual report on police contacts (Tier 1) and present this to local governing body by March 1 of every year 8. on standards for reviewing video and audio documentation .): 6. whether it was a consent search or a probable cause search Whether a custody arrest took place 7. Collect data (Tier 1) that includes information on Race and ethnicity of individual detained: Indicate whether a search was conducted If there was a search. Adopt a policy. if video/audio equipment is installed.
Contacts Defined Contact: A traffic related contact where a citation was issued. Must be: ± Traffic related ± Citation issued .
Searches Must take place after ³contact´ is made Should be divided into: PC and Consensual National Debate on ³how´ search data should be analyzed Some argue it is impossible to determine bias in searches. others obtain ³ratio´ of searches by dividing these with contacts .
Search Audits Allow departments to determine two important factors: Quality of the search data (is data RELIABLE?) Is Department collecting ENOUGH information? .
s Search Data Reliable? Reporting and Recording of search data presents problems ³More hands´ means ³more problems´ Lack of understanding of SB 1074 means ³independent judgment´ on what constitutes PC or Consensual searches Will the data recorded in your software program (or courts) match each citation (paper copy) issued? .
Are you Collecting ENOUGH Information on Searches? Do you have a ³good´ response to the following point that could be raised about your department: ³According to the data released. therefore the ______ Police Department has a racial profiling problem´ . the _____ police department is searching Blacks 3 times more frequently than Whites.
) Therefore.Are you Collecting ENOUGH Information on Searches? (cont. collecting the ³right´ amount of information provide the following: Allows you to determine if a particular officer has a racial profiling problem Allows you to provide an EDUCATED response to suggestions that disparity occurs in searches .
Residents: An Important Component There is need to collect ³resident´ and ³non-resident´ data This will allow for census-based comparisons to take place in a more effective manner Allows better handling/analysis of data .
Tier 1 Data Table .
Census Data 2. Fair Roads Standard 3.Baseline Options: 1. U. DPS .S.
U. ³night´ traffic flow issues Disregards ³non-resident´ traffic contacts Does not count ³illegal aliens´ . Census Data Data is not always accurate Does not measure ³driving population´ Information is/will be dated Does not take into account ³day´ vs.S.
Fair Roads Standard Based on US Census Data Counts only ³households´ with access to vehicles Does not consider ³number´ of drivers in a particular residence Only considers race/ethnicity of ³head of household´ .
thus.DPS (Department of Public Safety) Combines ³Hispanics´ and ³Caucasians´ Data can only be obtained by ³zip codes´. some limiting cities/counties who ³share´ zip codes with other jurisdictions Does not take into account population who has moved to or away from city/county Assumes that driving population is the same as the number of individuals who have a driver¶s license .
Tier 2 Data:
Only required if agency: a) Did not apply for video cameras, or b) Does not have video cameras in vehicles
Tier 2 Data:
Requires the collection of ³qualitative´ data Only manner of measuring data is to transform from a qualitative to a ³quantitative´ format. Should be considered when vehicle (originally equipped with video camera) becomes disable
Recommendations: Comply with SB 1074 Provide analysis of data Collect ³Resident´ vs. particularly PC Searches Seek outside assistance Be proactive and NOT reactive Inform/Educate all personnel . ³Non-Resident´ data Conduct Data Audits Throughout the Year Analyze ³Search Data´.
Group Exercise As chief of police. provide 5 different ways in which you could: a) Measure ³racial profiling´ in your police department b) Act in a ³pro-active´ manner to deter racial profiling incidents from taking place c) Deal with a racial profiling problem in your department .
Legislation: : Enforcing Mechanism Mandate Tier 2 for ALL agencies regardless of video/audio equipment Individual-level data requirement Expand data collection to include ³non-traffic´ related contacts Uniform baseline mechanism .Future of SB 1074 1.
Future of SB 1074 (cont. Litigation: Psychology of being ³victimized´ Town Hall meetings throughout the state Misconceptions about the ³Rural´ immunity Some say it is ³a matter of time´ Agendas being set outside the state Texas: A Model for Others to Follow .) 2.
Reacting to a Profiling Incident (Exercise) Determine how the following individuals would respond (in your jurisdiction) to claims that one of your officers has violated SB 1074: Civil rights leaders Religious leaders City Manager Council Members 1. . 4. 3. 2.
The Early Models: What Others are Doing The Early Models of Racial Profiling Measures .
S. Great Britain: Uses a paper-based system to collect information on both traffic and pedestrian stops and searches 4. North Carolina: became the first state to collect data on traffic stops pursuant to state legislation 3.The Early Models Designed to Measure Racial Profiling 1. Department of Justice . New Jersey: Collecting information on traffic stops pursuant to a consent decree with the U. San Jose California: designed a simple lettercode system allowing information to be collected verbally (via radio) or by computer 2.
Population of 900.5% African American . Background: San Jose is the 3rd largest city in California and the 11th largest in the U. California Model: A Case Study 1.The San Jose.000 Diverse Population: ± ± ± ± 43% Caucasian 31% Hispanic 21% Asian 4.S.
a state senator introduced a bill into the California legislature requiring all state law enforcement agencies to collect data on traffic-related stops with the aim of detecting racial profiling trends. Problem: Faced rising community complaints about racial profiling The Independent City Police Auditor received about 500 complaints each year concerning racial profiling Meanwhile. age. and reason for stopping motorists .) 2.The San Jose. it served as basis for the initiative by the San Jose Police Department to collect race. California Model: A Case Study (cont. if any Although legislation did not advance very far. gender.
) 3. Program: Very simple Collects Information on: ± Race of Driver ± Gender ± Age ± Reason for Stopping Motorist . California Model: A Case Study (cont.The San Jose.
The San Jose.) 4. Codes: Race/Ethnicity: A: AsianAmerican B: African American H: Hispanic I: Native American O: Other P: Pacific Islander S: Middle Eastern/East Indian W: White . California Model: A Case Study (cont.
California Model: A Case Study (cont.) Reasons for Stop (based on 4 scenarios): V: Victor (A Violation of the California Vehicle Code) P: Paul (A California peal code violation.g. e. or a description of the suspect or car was issued in a report or bulletin by a police organization in the area) . an officer might have seen someone commit a criminal violation) M: Mary (A municipal code violation) B: Boy (A notice or an all-points bulletin was broadcasted on police radio channels..The San Jose.
The San Jose.) Dispositions or Outcome of the Traffic Stop: A: Arrest made B: Warrant arrest made C: Criminal Citation Issued²Hazardous E: Traffic Citation Issued²non-hazardous F: Field Interview Card H: Courtesy Service/Assistance N: No Report Completed . California Model: A Case Study (cont.
a crucial component of this/any program . Difficulties Encountered: a) Cost: The San Jose Police Department opted for a ³simple´ system that kept the cost low The additional time the officer needs to clear the call is less than 3 minutes The system cost less than $10. California Model: A Case Study (cont.The San Jose.) 5.000. this includes the cost of software for training purposes This does not include the cost of evaluation.
The San Jose. California Model: A Case Study (cont. these seem to have ³increased´ rather than decrease .) b) Disengagement: Officers did not become ³disengaged´ from their jobs When measuring the number of citations and traffic stops (after the program was initiated).
California Model: A Case Study (cont.) C) Quantity of Data: The system covers ALL traffic-relates stops An officer cannot clear a call unless all the required data is given to the dispatcher The system does not measure pedestrianrelated stops or whether a search was conducted .The San Jose.
) d) Officer Resistance: Since it was expected that some officers would feel insulted by being asked to collect data. California Model: A Case Study (cont.The San Jose. the Chief asked command staff to conduct training sessions where officers were issued further information about the program .
The San Jose. the police department made a promise that it would use the data while NOT identifying the officer involved or the suspect or citizen . California Model: A Case Study (cont.) e) Use of Data: In order to be supported by the San Jose Police Officers¶ Association (the local union).
Journals. and Scholarly Works on Racial Profiling The Academic Contributions . Books.
2% of drivers searched . On the Issue of Police Searches: Dr. Maryland State Police (1993) Lamberth compared the population of people searched and arrested with those violating traffic laws in Maryland Highways He constructed a violator sample using both stationary and rolling surveys of drivers violating the legal speed limit on a selected portion of the interstate His survey indicated that: ± 74.The Academic Contributions 1.5% of speeders were black **In contrast. Blacks constituted 79. Lamberth (professor of psychology at Temple) conducted an analysis of police searches along I-95 in Maryland This study was conducted as a result of the Wilkins vs. according to MSP data.7% of speeders were white ± 17.
) Lamberth concluded that the data revealed ³dramatic and highly statistically significant disparities between the percentage of Black I-95 motorists legitimately subject to stop by the Maryland State Police and the Percentage of Black motorists detained and searched by troopers on the roadway.The Academic Contributions (cont. Shortcomings: ± Relies on the ³honesty´ and ³impressions´ of survey participants ± Does not address possible validity concerns regarding levels of honesty by racial groups .
Vol. minorities were searched no more frequently than Whites. whereas Whites were more likely to be ticketed or arrested´ .) 2. 1. They explored the treatment by police of motorists of different races and ethnicities The authors found that minority citizens in general. VA (2000). On the issue of Racial Profiling Trends: Michael R. Smith and Matthew Petrocelli in Racial Profiling: A Multivariate Analysis of Police Traffic Stop Data (Police Quarterly. 4. March 2001) used data from 2. NO.673 traffic stops in Richmond. and African Americans in particular. in fact. the authors found that ³minority drivers were more likely to be warned.The Academic Contributions (cont. were disproportionately stopped compared with their percentage in the driving-eligible population However. Whites were significantly more likely than minorities to be the subjects of consent searches Compared with Whites.
The Academic Contributions (cont. Thus. Census Bureau that is dated ± Data is not necessarily representative of potential minority growth in the area ± Data is made up of Richmond¶s population that was at least 16 years old (legal age for obtaining a license in VA). or arrest minority drivers Shortcomings: ± Used comparative data from the U. comparative group was not necessarily representative of driving population . search.S.) Examining officer race as a predictor revealed White officers were no more likely than minority officers to stop.
J. police officers did not seem to be as ³negative´ or ³concerned´ about the racial profiling measure and its effect on their personal/professional lives Shortcomings: ± Relies on honesty of respondents ± These studies do not measure if profiling exists. Spring. officers had overall negative attitudes towards the institutional regulation/oversight of their traffic stops In a later study (pre and post data analysis). thus. found that 6 months after the implementation of a traffic stop data program. (Fall. only taking into account officer attitude . in ³A Descriptive Analysis of Racial Profiling in a Community Policing Environment´ (Journal of Community Policing.. educational level or gender. 2001) examined the attitude of 428 officers towards the implementation of a racial profiling measure The findings suggest that regardless of age.) 3. On the Issue of ³Officer Attitudes Towards a Racial Profiling Measure´: Del Carmen. Vol. 2001).1. del Carmen et al. 3. A. and Verdalis.The Academic Contributions (cont. No..
Arguments for Data Collection Data Collection Can Help Agencies: 1. and to prevent systematic patterns of behavior related to racial profiling . effective policing 2. To send the message that racial profiling is inconsistent with ethical. To ³get ahead of the curve´ 3. To identify potentially problematic behavior early on.
To evaluate their progress in reducing profiling behavior 6.) 4. as it pertains to racial profiling based on beliefs/culture 5.To build community trust by showing that the Department is concerned about racial profiling .Arguments for Data Collection (cont.To help officers understand behavior that they may be familiar with.
Data may be used to harm the agency. Data collection may impact productivity. morale. Data collection alone does not yield valid information regarding the nature and extent of racial profiling 2. and workload .Arguments Against Data Collection 1. its personnel and community policing efforts 3.
Lack of technology or technology infrastructure makes data collection impossible or difficult .Arguments Against Data Collection (cont.Resources might be more effectively used elsewhere and in other ways to combat racial profiling 5.) 4.
Choose someone to act as facilitator to keep the group¶s discussion on task Choose another person to record and report out the highlights of your group¶s presentations .Group Activity You have 30 minutes to discuss the questions below and to formulate the responses that your group will report out to the class.
Describe significant problems or issues you have encountered in efforts to develop policies and procedures related to racial profiling.Group Activity (cont. .) Policies and Procedures: List and describe policies and procedures that you have found to be useful in assuring that officers do not engage in racial profiling.
) Training/Education As chief of police. what would you identify as the biggest challenges in training or educating your officers to prevent racial profiling in traffic related contacts? What are some of the ways that your department can engage the community in dialogue regarding racial profiling concerns to build or enhance trust between your agency and the community? .Group Activity (cont.
discuss the biggest challenges your department faces regarding actions taken by officers during traffic related contacts related to racial profiling? What is the role of police supervisors regarding the actions taken by police officers during traffic related contacts which can be viewed as racial profiling? .) Supervision As a chief of police.Group Activity (cont.
What Lies Ahead 9/11 expanded the need for racial profiling measures/control Federal Bill being considered to fund agencies with proactive racial profiling measures COPS Office already funding ³Early Warning System´ SB 1074 may be modified in the coming months²this change would be effective January 1. 2006 .
audited or have a professional team write your report.com .com (817) 681-7840 DCconsulting@texasracialprofiling.texasracialprofiling.Where to Seek Information/Assistance If you need to have your data analyzed. visit us at: www.
net/ Northeastern University Repository Center http://www.mn-8.gov/mime/open. Department of Justice Publication on Racial Profiling: http://www.edu/ U.neu.S.usdoj.pdf?Item=7 70 .Links of Interest PERF http://policeforum.cops.racialprofilinganalysis.
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