1 / 47

Responding to Allegations of Racial Profiling “Building Trust Between Police and the Community”

Responding to Allegations of Racial Profiling “Building Trust Between Police and the Community”. Sir Robert Peel, the Founder of Modern Policing.

curran-anderson
Download Presentation

Responding to Allegations of Racial Profiling “Building Trust Between Police and the Community”

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Responding to Allegations of Racial Profiling“Building Trust Between Police and theCommunity”

  2. Sir Robert Peel, the Founder of Modern Policing “Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community, welfare & existence”

  3. Federal Definition: • Department of Justice Directive, June 2003: Racial Profiling is the invidious use of race or ethnicity as a criterion in conducting stops, searches, and other Law Enforcement Investigative procedures.

  4. What is Racial Profiling? “The act (intentional or unintentional) of applying or incorporating personal, societal, or organizational biases and/or stereotypes as the basis, or factors considered, in decision making, police actions, or the administration of justice.” ~ Chief Ronald L. Davis Palo Alto, CA.

  5. Racial Profiling Is… • When a police officer uses Race, Color, or National Origin as the only factor in; • … of any individual. • Stopping • Detaining • Interdicting or • Searching

  6. Questions? • Why are racial profiling allegations • on the rise across the country? • What’s in it for you? [Pics]

  7. Factors Fueling Complaints • Community members / police do not see the ‘same • picture’ or set of facts . • Community members / police are influenced by • negative stereotyping on television/ newspapers • Non-police are not trained in the ‘Legal Basis’, • which guides enforcement action. • What is this ‘Legal Basis’?

  8. 1. Reasonable Suspicion* - A police officer has the right to temporarily detain someone if there are specific facts that would lead a trained police officer to believe a crime has, is, or about to occur. - “Specific facts” and/or pieces of “reliable information,” are essential building blocks to Probable Cause. * In general, stop and frisks require only reasonable suspicion.

  9. 2. Probable Cause • Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed.~ Draper v. U.S. 1959 • Known as the “Reasonable Man” definition • Arrests, searches, and seizures require • probable cause.

  10. Sources of Probable Cause • Observation of Real Evidence • Admitted Ownership

  11. Possible Elements Leading to Probable Cause • • Flight - Alone, is normally not enough • Furtive Movements • - Nervousness alone is not sufficient as the law recognizes the right of people to be nervous or fearful around police • False or Improbable Answers • - This is not normally a basis of probable cause alone, but it tends to trigger subsequent police inquiry or action

  12. Possible Elements Leading to Probable Cause (continued) • Presence at a Crime Scene • Association with Known Criminals • - where it is probable that others are involved • or benefiting from the criminal activity • Past Criminal Conduct • - an officer's personal knowledge of a • suspect's past

  13. How Does Reasonable Suspicion and Probable Cause Apply to Traffic Stops? In order for a police officer to make any traffic stop, an officer must have: 1. Reasonable Suspicion 2. Probable Cause - Witness a Traffic Violation or - Participate in a legitimate Speed or DUI/DWI operation [Scenes]

  14. Racial vs. Criminal Profiling • Racial Profiling is not Criminal Profiling • Criminal profiling is a legitimate tool used to fight crime and terrorism • Criminal profiling is an investigative method in which a police officer through observation of activities, identifies suspicious behavior patterns by individuals and develops a “legal basis” • to detain and question.

  15. Origins of Racial Profiling • The term “racial profiling” has • emerged only in the early 1990s. • However, such behaviors can be • traced back to the 1950s and 1960s. • Some experts even argue it can be • traced back for centuries in U.S. history.

  16. Origin of Criminal Profiling The Drug Enforcement Administration (DEA) was one of the earliest developers of “profiling”. In the early 1970s, Agent Paul Markonni created a “profile” of drug couriers based on behavior characteristics. Q. What do you think some of these behavior characteristics were?

  17. Markonni’s Profile Idea • Person appears nervous • Person pays for ticket in cash • Person pays for ticket with large bills • Person is going to or coming from a • high drug area • Person is traveling under an alias

  18. Questions? • How was Markonni’s approach reasonable? • How was his approach unreasonable? • How have some police officers compromised • the approach? • How much do you think your own set of • values guided the way in which you • answered the above questions?

  19. Personal Values • What are personal values? • Where do they come from? • How do we get them?* • *(Community & Police )

  20. Police Department Values • Written policies of your department • When were these values written and last updated • Estimate the number of officers in your • department that know these values or had a • part in creating them • These values are principles you are required to • uphold as a police officer

  21. Police Department Values(continued) • Write down the following (1-5): • If you were the sole authority in • drafting a set of values/ principles • for your police department, what • would your top five be? [Test]

  22. Racial Profiling from a Behavior Perspective • Your personal values and environment shape your behavior Personal Values / Beliefs / Attitudes Your Work Environment and External Influences Behavior * * Your Behavior is Everything to Citizens

  23. What are some police views? • I make arrests this way • If you are innocent, you have nothing • to worry about • You fit the description • If you were the victim you would not • complain

  24. Myths: What is the benefit of using racial profiling practices? • Can catch more criminals • Leads to greater numbers of arrests • Gain better control of an area

  25. What are some of the community’s views? • Feel angry or insulted • View law enforcement as racist • Feeling of unfairness • View police as unprofessional • Feel it is illegal

  26. What are the consequences? • Anger in the community • Mistrust of law enforcement • Lack of respect for law enforcement • Loss of community involvement/support • Can lead to lawsuits

  27. Negative Impact on Community • Undercuts the trust communities have in their • law enforcement agencies and retards law • enforcement initiatives • Undermines the principles of community • policing by changing the focus from community • based problem solving to communities blaming • law enforcement for problems • Creates a dangerous “Us vs. Them” mentality

  28. Impact of Racial Profiling Allegations • Allegations regarding the existence or perceived existence of racial profiling pose a significant risk to Police Community relations. • The way in which your department addresses allegations of racial profiling shapes how your department is viewed internally and externally.

  29. The Challenge? • Public Perception vs. Police Perception • How can you successfully bring both sides • to see the same ‘picture’ and make community members more aware • & supportive of police action?

  30. Current Efforts To Address Racial Profiling Concerns Police Departments must respond to allegation of Racial Profiling • Data Collection • (Partnership Development & • Community Engagement) • 2. Education and Communication

  31. Reality of Data Collection * Data collection cannot answer the question of whether or not racial profiling exists. Data collection may only show disparity. Data collection may answer: 1. If no bias exists, are more minority drivers stopped? 2. Are minority drivers disproportionately searched? Q. What must you need for every stop?

  32. Challenges to Data Collection • Determining the race of citizens stopped in the • least obstructive manner without increasing • tensions • Budgeting, time, and paperwork burdens • – How can the Police Department collect enough • information without overloading the officers? • Discouraging police from making legitimate stops • Ensuring that reports are accurate and data is • analyzed appropriately

  33. Education & Communication Open and productive dialogue between law enforcement and the communities it serves can provide the best opportunity for identifying community-based solutions to problems associated with racial profiling. “To see the same picture”

  34. The Goal is to Build Trust • The building of trust is accomplished by helping parties… • Develop or supplement their knowledge and beliefs about racial profiling • 2. Understand the different perspectives each group has about racial profiling • 3. Identify the common goals shared by law enforcement & community members and...

  35. The Goal is to Build Trust(continued) • Encourage all parties to shift focus from blaming to addressing facts. • Enhancing trust between police and community can eliminate Racial Profiling allegations when both sides can “see the same picture” !

  36. Structure to Meet the Challenge The greatest impact you can personally make to eliminate Racial Profiling allegation(s) is through your… A. Initial Contact (Engagement) & B. Ending Contact (Disengagement) …Dialogues with all community members.

  37. Structure to Meet the Challenge (continued)Initial/Engagement Stage • * Sets positive/professional tone • * Give name and rank (and number if requested) • * Do not assign blame • * Describe violation if practical • Ask for cooperation • Not all initial contacts can set a positive • tone for communications and trust building. • WHY?

  38. Techniques to End/ Disengage • Explain the reason for the traffic stop • Police officer should provide their name and rank • Use the All Points Bulletin (APB) to help explain stop • Clear the person from the ‘Suspect List’ to your • ‘Supporter’ Category • Ask the community member for their assistance. Lastly... • * Thank community members for their cooperation

  39. Importance of Properly“Ending/ Disengaging” • “The problem is seldom one of blacks/browns being engaged by police. The problem is police failing to properly disengage.” • ~ Chief Ruben Greenberg, Charleston, SC • An officer’s knowledge on the proper way to end/ disengage from community members can help defuse allegations of racial profiling.

  40. Partnership Development and Community Engagement • The establishment of productive partnerships • can mitigate many potential negative impacts • created by allegations of racial profiling. • How can you impact positive change to deter • racial profiling allegations? One community contact at a time.

  41. What’s in it for You? • 1. Your Safety • 2. Personal/Mutual Community Respect • 3 Liability/Your Job and Pension • 4. It’s Your Insurance Policy Be Safe…Communicate !

  42. Law Enforcement Oath of Honor On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution, my community and the agency I serve.

  43. Learn More About… * Racial Profiling * Data Collection * Minority Engagement * Ethics * Accountability * Liability * Developing Mutual Respect in Policing Contact: - Your State Police Certification Commission - * COPS - Community Oriented Policing Service * NOBLE - Nat’l Organization of Black Law Enforcement Executives * IACP - International Asso. Chiefs of Police * NTSHA - Nat’l Traffic Safety Highway Admin.

  44. United States Department of Justice (202) 305-2935 www.usdoj.gov/crs COMMUNITY RELATIONS SERVICE

  45. Core points • Know what ‘racial profiling’ is • Understand why allegations of racial profiling are on the rise • Understand the ‘legal basis’ (reasonable suspicion and probable cause) • Explain the concept of ‘seeing the same picture’ between law enforcement and the community.

  46. Core points continued • Be able to articulate the difference between ‘racial profiling and criminal profiling’ • Explain Markonni’s ‘profile idea’ • Describe the link between ‘personal values and group values’ • List three law enforcement views on racial profiling • List three community views on racial profiling

  47. Core Points continued • Describe three challenges to data collection in addressing allegations of racial profiling • Discuss the concepts of ‘engaging and disengaging’ behaviors by law enforcement • List 3 reasons why avoiding ‘racial profiling’ is a positive step for law enforcement

More Related