Tag Archives: discretion

Police Reformers Emphasize Department Culture

How can we heal the rift between police officers and the communities they patrol, improve public safety, and reduce violence committed by and against officers? That question was at the heart of a recent panel on police reform at NYU Law. An impressive group of panelists with experience as community leaders, police officers, civil rights prosecutors, and public defenders shared a range of ideas with a common thread: a change in department culture is the key.

Screen Shot 2015-03-25 at 11.28.39 PMEric Adams, Brooklyn Bureau President and former police officer and state legislator, opened the discussion by asking the audience to raise what they were drinking. Analogizing to the successful culture shift from drinking soda to drinking water, he stated, “We have evolved as a society – policing has not.” Changing the culture within police departments will require “getting them to leave the Pepsi on the table.”

Camden Police Commissioner J. Scott Thompson elaborated on the idea of a culture shift, calling it a shift from “warrior to guardian.” Getting out of the patrol cars and into communities is the first step. In Camden, this meant (among other things) literally loading up paddy wagons full of cops and dropping them off in neighborhoods for the day. “You’re not going to change the culture through classroom training,” he explained.

Building trust between community leaders and police officers isn’t just good for PR purposes – it has the potentially to significantly reduce crime. “In some of the most dangerous neighborhoods in the world, which were in Camden, we reduced the homicide rate by 50%. We didn’t do it by incarcerating people,” Thompson explained. “We did it by empowering the matriarchal and patriarchal figures in the community.”

Another panelist, NYU Law Clinical Professor Kim Taylor-Thompson, reinforced this idea. Studies have shown, she argued, that police officers – including police officers of color – are operating with embedded racial stereotypes that shape the way they approach certain communities, leading to disparate stops, arrests, and use of violence. Fixing this (huge) problem requires understanding the problem, and it requires exposure to members of the community that you’re policing that doesn’t start and end with a crisis. Police officers need to understand that the categories the criminal justice system imposes – offender, victim, etc. – are “permeable – they change every day.” When you see someone in contexts other than crisis, you see them as more than a threat to public safety.

Police academies don’t typically teach officers how to have casual, pleasant conversations with people in the communities they’re patrolling, but Adams had some concrete ideas for getting a new discourse off the ground. Cops who walk beats usually aren’t responding to calls – they could use that time effectively. “We’ve got a pre-K program – have them spread the word about that. We have a new municipal ID program – they could be talking to people about that. They could be saying ‘Hello.'” It’s Adams’ view that this could create a cascade of change in a community: “All of a sudden, you’ll have people talking about their neighborhood cop at cook-outs, at church.”

Another concrete recommendation for change included a shift regarding ways that departments get money. Right now, most funding programs ask questions about the number of arrests you have. As panelist James Johnson put it: “What are the questions you’re asking? What are the practices you want to see?” If those aren’t aligned, then you’re sending mixed messages.

Christy Lopez, Deputy Chief of the Civil Rights Division, Special Litigation Unit, in the U.S. Department of Justice, suggested motivating good policing by emphasizing something most cops are drawn to already: legality. They’re here to uphold the law, she argued, and they are motivated to follow it themselves. But that requires consistently upholding standards not just within police departments, but throughout the whole criminal justice system.

Mixed messages come from prosecutors and judges, figures that Adams described as the “co-conspirators” of bad policing. These actors in the system know when they’re seeing the results of overly aggressive, racist policing. When they play along, they validate bad actors, a message that responsible, idealistic officers will absorb.

Lopez pointed to another complicit party: partners. Advocating for training on peer intervention, she pointed out how powerful a voice of reason could be. “How much better would these situations we’re talking about be if the partner has just stepped in?” she asked. Training on peer intervention – and support within the department for officers who are willing to intervene – would go “much further than body cams.”

NYC Police Commissioner Bill Bratton has a different strategy for change in mind: turning resisting arrest into a felony. “We need to get around this idea that you can resist arrest,” he told NPR in December. “It results in potential injuries to the officer, to the suspect. And we need to change that, and the way to change that is to start penalties for it.”

Taylor-Thompson disagrees. She described representing clients charged with resisting arrest while with the D.C. Public Defender Services. Those clients were often beaten so badly they were hospitalized, while the police officer involved walked away unscathed. This led her to conclude that these charges were nothing but a cover for officers to justify use of force. Talking about increasing penalties is “missing the point,” she said.

But what can we do with departments that aren’t willing to make reforms on their own – or even to admit there’s something that needs to be reformed? Lopez recently returned from the prototypical example of just such a department: Ferguson. “Within moments, it was obvious this was a troubled department,” she said. “I don’t think we’ve ever used the word ‘compassion’ in a DOJ report, but that’s what it was – the lack of compassion was just so palpable.” She was particularly explicit about (very) thinly veiled racism she heard from officers she interviewed. “It was more normal, less harmful, for Black people to go to prison. ‘Some people just need to take responsibility’ was the message. This is what they were telling themselves – this is how they slept at night.”

Ferguson may be the poster child for problem departments,but the panelists made it clear that racism is a problem everywhere. Adams, for instance, described training a rookie officer in a housing project when he was a cop. The rookie pointed to urine in an elevator to say that the project residents didn’t deserve their help. “One person pissed in an elevator,” Adams responded, “a hundred others are just as upset about it as you are!”

Taylor-Thompson explained the message that was drilled into her growing up a Black girl in the Bronx: if a police officer talks to you “don’t talk back; pray they won’t do anything.” The idea that police officers might be violent was normalized. Adams talked about being arrested and beaten by police officers when he was 15 (“My brother and I peed blood for weeks”), and Johnson described moving slowly when he was pulled over because he knew that “your next fast move might be your last.”

Changes need to happen, and for some departments they will undoubtedly need to be imposed from the outside, like Lopez’s work with the DOJ in Ferguson. Change can also come from internal leadership, as Scott has shown in Camden. And it can come from local pressure, like that Adams is advocating in Brooklyn. Whatever the source, confronting racism head-on and turning to communities for guidance and partnership will be instrumental.

And what about the rest of the system? Adams pointed out that police officers don’t need to be identified exclusively with the criminal justice system – they’re already engaged with communities in many ways, and that can be expanded. But realistically the shortcomings of the rest of the process will be reflected on the gatekeepers: police officers.

“Police bear the brunt of the problems within the rest of the criminal justice system,” Lopez acknowledged. Improvements to the rest of the system will make their jobs and reputations better as well.

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Mass Incarceration is a Symptom, not a Disease

Thank you to the Prison Policy Initiative for wrangling many different data sources for this comprehensive view.

The scope of incarceration in the U.S. is just one of the defining features of mass incarceration. That may seem counterintuitive. After all, the scale of the U.S. system is what makes it so infamous. It’s impossible to pick up a book about prisons in America without being quoted some relevant stats in the first handful of pages (we lead the world in incarceration rate, we have 5% of the world’s population but 25% of the world’s prison population, our incarceration rate has grown 500% in forty years). All of this is true and important, and – bonus! – tends to freak out even the most punitively minded audience.

But it also should be treated as a sign of a problem, not as the extent of it. In my post about Ferguson yesterday, I argued that the dystopian horror story of a criminal justice system that they’ve got down there, with more outstanding charges than citizens, was a predictable outcome of unbridled discretion handed to police officers and prosecutors (coupled with racism and classism, that is). Change may be effected in Ferguson as a result of protesting, federal investigation, and new leadership, but there’s more where Ferguson came from. Similarly, treating mass incarceration as the problem, rather than a very scary symptom of problems that we had before mass incarceration, is short-sighted and unlikely to produce lasting change.

See my thoughts on the conservative “Right on Crime” movement tomorrow for more on this note.

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Ferguson: Police State

Ferguson has been getting a lot of attention lately, and for good reason. Much has appropriately been made of the ridiculously racist emails the DOJ investigation turned up, as well as the preferential treatment meted out to friends and family while those who lacked connections were slapped with harsh sanctions and huge fines, ironically financing the very system that was sucking them dry.

But the story that the DOJ report tells is not only one of an egregiously racist system. It is also a story of an alarming scope of policing. I’ve never been a proponent of “small government,” but the sheer volume of outstanding charges, well described in this Huff Post Blog post, tells a dystopian story of an entire town under the thumb of a police force and prosecutor’s office – 16,000 of Ferguson’s 21,000 residents have outstanding charges against them; there were nearly 33,000 different warrants in 2013. Had the timing been different, the movement less well-organized, the inciting event less powerful, this kind of approach to “law and order” wouldn’t have come to light in Ferguson. In fact, even now it’s hardly receiving honorable mention as the media divides into two predictable camps and argues about whether the Ferguson PD is really all that racist, or whether they’re just indiscriminately terrible.

One thing that all police departments and prosecutors’ offices have in common when they engage in this kind of draconian law enforcement is this: they are acting entirely within the legal bounds of their discretion, and we are virtually powerless to stop them. In this case a social movement, the eyes of sympathetic media, and the influence of the Department of Justice may be enough to rein in Ferguson – at least for now. But as long as we exist in a society riddled with racism and classism, the kind of discretion and power afforded to police officers and prosecutors will permit problems to prosper silently. While we work on communicating the message that #blacklivesmatter, we should also be imposing reasonable limits and meaningful accountability on our police officers and prosecutors so that the kind of police state the DOJ found in Ferguson isn’t permitted to flourish unseen everywhere else.

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