Allegations of Biased Police in the Context of Traffic stop data

1. Allegations of Biased Police in the Context of Traffic stop data Dr. Jack McDevitt Lisa Laguerre Institute on Race and Justice Northeastern University

2. Historical Issues Police and Race • Debate over racial profiling part of larger history of adversarial relationships between police and disenfranchised communities. • Historical events such as slave patrols, police enforcement of Jim Crow Segregation, Police suppression of Black voter registration, Watts, Detroit, Newark and other urban riots of 1960s have influenced how the community of color views the police. LA Police Search South LA Residents, 1965

3. Questions of racial disparity in police enforcement were a central feature of much of the police reform movement of the 1970s. However, race continues to be one of the strongest predictors of community distrust of the police. • Issues of race and traffic stops brought to the forefront by Operation Pipeline training and tactics. Development of “profile” of drug courier. Popular belief that police were using race as part of the “profile.” • Allegations were raised by community and media that the police were profiling non-white drivers. A practice that was popularly labeled “driving while black.”

4. Attitude Formation • Attitudes are based upon multiple sources of information • Personal experience • Experiences of friends and family • “famous incidents” • Popular culture • Movies and TV

5. Racial and Ethnic Differences in Support for Police • 1998 National Survey • 58% of whites had “a great deal or quite a lot of confidence in the Police • 38% of African Americans had “a great deal or quite a lot of confidence in the Police • 1999 New York City Poll • 90% police use unnecessary force towards African Americans • 2008 Poll • 40% of African Americans report having been stopped by the police because of their race • 10% of Whites report having been stopped by the police because of their race

6. Definition of Racial Profiling • Any police-initiated action that relies on race, ethnicity, or national origin rather than the behavior of an individual or information that lead the police to a particular individual who has been identified as being, or having been, engaged in criminal activity (Ramirez, McDevitt, Farrell, 2000).

7. How Departments Responded to Racial Profiling Concerns 1. Policies • Many departments adopted official policies prohibiting racial profiling 2. Training • Some departments developed or implemented new training programs to address racial profiling, 3. Data Collection and Analysis • To date, over 4,000 law enforcement agencies nationwide have begun collecting data on the demographics traffic stops 4. Development of Early Intervention Systems

8. Making Sense of All The Data • Between 1998-2008 approximately 65 reports on racial demographics of traffic stops completed • Various levels of analysis • Individual agency • Multi-jurisdictional • Statewide • Various types of data collected • Various analytical strategies developed and shared • Work by numerous individuals and agencies to learn and share best analytic strategies • Police Executive Research Forum By The Numbers (2005) • Racial Profiling Web-Based Resource Center (2001) • Conference, special editions of journals • Peer reviewed articles

9. Analytic Goals of Project • In-depth analysis of 49 reports where, at a minimum, the race of drivers is compared to some external benchmark • Identify commonalities of findings • Draw overall conclusions about what we have learned from these reports • Inform field about what we know and where we need to move for future inquiry

10. Why did agencies collect data? Federal Mandate 6.4% State Legislation 48.9% Local Ordinance 4.3% Voluntary 46.8% Citizen Review Requirement 2.1% ** can include more than 1 reason

11. How did agencies collect data? MDT System 4.3% CAD 8.5% PDA 2.1% New Paper Form 76.6% Existing Paper Form 2.1% (modified citation form) None Specified 6.4%

12. How did agencies collect data?

13. Types of Analysis/Benchmarks • Majority of Studies Compare Traffic Stops to A Benchmark of Drivers or Violators • Census data 53.2% • Traffic survey 27.7% • Violator survey 4.3% • Accident data 4.3% • Modified census 2.1% • Licensed drivers 2.1% • Other 6.4% • Less than 10 studies utilize multivariate analyses or other techniques

14. Problems with Census as Benchmark • Not all people who live in the Community drive (e.g. juveniles) • Many people who drive in a community do not live there • The Census undercounts certain groups

15. Benchmarks Over Time:Are we Learning? • Between 1998-2001 • ¾ of all studies used only census data • By 2003-2008 • less ¼ used only census data • Increasing use of traffic and violator surveys

16. Search Data • Only 20 of 49 reports included information on searches • In all 20 non-white drivers were searched more often than white drivers • average 2.5 times more likely to be searched • 14 of the 20 search reports included information about productivity • Range of productivity from 11% to 50% • Average productivity for searches (Hit Rates) • In many studies the White Hit Rate is higher that the rate for Blacks and Hispanics • Search data very useful, may be under utilized

17. Conclusions Differ by Type of Benchmark Used • Census data studies most likely to find disparity (67%) • Of those studies that find no disparity, majority are traffic or violator surveys. • Some conclude no racial profiling occurring • Mixed results with accident, crime and modified census studies • Too few studies to determine strong trends

18. Additional Sources of Data on Bias • Use of Force Reports (including Tasers) • Arrest Statistics • Citation vs. Warning Data • Search Data/Hit rates • Interviews Surveys with Officers / particularly officers of color (from adjacent jurisdictions)

19. Additional Sources of Data on Bias • Citizen Complaints ??? • Community meetings by District • Attendance at Citizen Police Academies • Diversity in Department / District / Unit • Focus groups in community (particularly with youth)

20. Benefits of Triangulation • Similar patterns observed from multiple sources /information systems/ reporters make the conclusions that much stronger • In Social Science we are moving towards triangulation based upon Quantitative as well as Qualitative data

21. Causes of Biased Policing • Racist Police Officers • Bad Apple theory • Institutional Racism • Deployment decisions • Unconscious Bias • Police are people too

22. Bad Apple Theory • Police agencies hire bad apples • Due to inadequate screening • Lower admission standards • Police officers become bad • Personal crises • Professional disappointments • EIS Systems • Works for substance abuse

23. Institutional Racism • Policies by an organizations can result in racially disproportionate outcomes • Targeting specific crime types • Targeting specific crime locations • Example of “previously stopped”

24. Unconscious Bias • Bias results from unconscious processes that occur in our inner brain and we are totally unaware it is happening • Inner brain controls unconscious bodily functions • Breathing • Fight or flight • Brain make quick generalizations using stereotypes to quickly assess the situation

25. What to do if we find a disparity occurring in an agency • Comprehensive Approach • Training • Patrol Officers • Supervisors • Diversity in Agency • Fair reliable misconduct review process • Leadership • Some ongoing measurement (Monitoring)

26. So what do we do? • The best solution to perceived disparate treatment would be to use the information we do have to conduct a conversation between the police and the community

27. Challenges to Conducting a Community Conversation Apparent lack of community concern Lack of complaints to local police Many people are too busy to come to a meeting

28. Identifying the Right Participants 1) Local Community ● Well Respected Community Leaders ● Community Based & Large Anchor Organizations ● Local Clergy / Churches ● Community Coalitions ● Local Legislators ● Police leadership & Community Officers 2) Population of drivers who may pass through town ● Patrons of local neighborhood stores ● Merchants of local business ● Entertainment facilities (malls, movie theater, etc.) ● Employees of local businesses

29. Appropriate Meeting Location 1) Typically, we recommend a neutral location within the community, at least for the first series of meetings, and to avoid initially hosting these discussions at your police agency. ● neighborhood school ● community based organization ● neighborhood library ● local church ● nearby university or college 2) It may be best to ask for time on the agenda at a regular meeting of a local group. (e.g. human rights council)

30. Suggestions for Dealing with Challenging Topics We recommend that police and community leadership begin this type of dialogue process understanding that the problems that underlie race and policing are complex issues that will not be resolved overnight. ● Provide time for participants to freely express and vent their concerns and frustrations around the issue. ● Set and define ground rules for the conversation ● If able, select or hire a neutral facilitator to enforce ground rules and move the conversation forward ● Must make a commitment to the process as a partner to improving climate of race and policing in their community

31. Role of leadership • Community members react very positively to police leaders honest statements about officers who engage in disparate treatment • Community members enjoy learning why police do what they do • Community members are surprised by all the policies presently in place to deal with officer misconduct

32. Benefits of Engaging Your Local Community 1) Improve Trust and Transparency ● Community intelligence to local crime issues ●Improved collaboration for innovative crime control strategies 2) Increases Transparency of Allegations of Bias ● Transparent and factual explanations against complaints of biased policing