Bias-Based Policing Ronald Davis Captain, Oakland Police Department NOBLE Region VI Vice President

Impact on the Community “The cost associated with race-related abuses are significant, and include psychological trauma, humiliation and degradation, and a decline in the legitimacy of the criminal justice system…” Institute on Race & Poverty, University of Minnesota

The Impact on Law Enforcement “ Police brutality lawsuits and institutional racism cost taxpayers tens of millions of dollars.” “…addressing racial profiling can reduce disparities in incarceration rates and reduce a source of tension between law enforcement and communities of color.” Institute of Race & Poverty

60/60 Dichotomy “Approximately 60% of police chiefs surveyed by PERF did not believe racial profiling exists in their agency.” “Approximately 60% of the community surveyed by the Washington Post believe it does exists.”

Police-Community Relationships Miscommunication Misunderstanding Mistakes Misinformed Misconduct Mismanagement Mistrust

What is Racial Profiling?  The answer to this question must be defined before we can eliminate it.  How you answer this question determines whether racial profiling exists, and if it does exist, to what extent.  Varying definitions and perspectives have resulted in confusion.

Law Enforcement Definition Racial Profiling The use of race or ethnicity as the sole basis for vehicle stops, detentions, investigations or to determine the scope of police actions.

Under This Definition Racial Profiling is racist behavior It is not widespread A few bad apples Race can be used as long as it is not the sole basis “Race can be linked to crime”

“Fallacy Theory” If the majority of crime is committed by minorities – than the majority of minorities commit crime. It is therefore makes sense that more minorities are stopped and arrested.

Racial Profiling Perspective Racial profiling is acceptable in high- crime areas. Aberrant behavior It is not why you stop someone, it is how you treat them. Disparate stops are based on the fact that minorities commit more crime; therefore more minorities should be arrested.

Community Definition Racial Profiling The police use of race or ethnicity to determine who should be stopped or searched. “Guilt by Race”

Under This Definition Racial profiling is a common practice Supported by training and management Committed by all officers (black/white) Based on the stereotype that minorities are more likely to commit crime or carry narcotics/contraband.

“ Community Theory” “ Community Theory” The majority of crime in any city is committed by a small percentage of the community – regardless of race. This small segment of the community should be known to the police – they are in many cases known to the public.

What is Racial Profiling? “any police action that relies on the race, ethnicity or national origin of an individual rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity.” Professor Deborah Rameriz

Under This Definition Officers must focus on behavior Race cannot be used based on the fact or perception that the majority of crime is committed by a certain race. Officers must have information that leads them to particular individual who has been identified as being engaged in criminal behavior.

“The act (intentional or unintentional) of applying or incorporating personal, societal, or organizational biases and/or stereotypes in decision-making, police actions, or the administration of justice.” Captain Ronald Davis

Bias-Based Policing Perspective Racial profiling is a symptom of bias- based policing It is in most cases the unintentional application of bias It is widespread – since we all have biases Racial profiling is not necessarily about racism – it is about race Committed by all officers (black/white) Based on the stereotype that minorities are more likely to commit crime or carry narcotics/contraband. (Fallacy Theory)

Justice is not blind - it is “Blindfolded” What is the symbol of justice? – Woman holding scales of justice wearing a blindfold. What does the symbol represent? – A woman has biases. She is not perfect. – Blindfold serves to prevent bias How do we create “Blindfolds?”

Mission-Vision-Values Recruitment & Hiring Training Assignments Promotion Discipline/Accountability Community Relations Leadership Creating “Blindfolds”

VALUES State Law Dept. Policy MISSION Customer-Based THE NOBLE MODEL

“…order achieved through a democratic policing is concerned not only with the ends of crime control, but also with the means used to achieve those ends.” Professor Jerome H. Skolnick “The ends never justify the means”

Recommendations to Attorney General National Task Force on Racial Profiling Define Racial Profiling Identify its Causes and Impacts Develop Standardized Data Collection Models Develop Standardized Data Analysis Models Conduct National Traffic Stop Study Develop Model Racial Profiling Policies Develop Racial Profiling Training Develop Strategies to Eliminate Profiling Enhance Mediation & Facilitation Programs Publish Self Assessment Guide

National Organization of Black Law Enforcement Executives (NOBLE) 4609 Pinecrest Office Park Drive, Suite F Alexandria, Virginia (703) FAX (703)

Mission The Mission Statement should answer three questions: Who are our customers? What services do we provide? How do we provide it?

Vision What will the organization look like in 3 years, 5 years, 10 years. Provide clear goals for the future - Everyone knows where we are heading - How will we get there? Strategic Plan – Lessons of the past – Challenges of today – Project/forecast the future

VALUES……. Share principles. Tell employees what is expected. Tell the community what they should expect. Serve as organizational “bill of rights”, which can never be violated. Provides parameters for officer behavior.

Recruitment & Hiring Hire people to achieve the mission Marketing must reinforce the mission- vision-values Avoid candidates with: clear warning signals no experience in diversity “The diversity of an officer does not make for a better officer - however, the diversity of an organization can make it better.”

Training  Train officers to achieve mission  Training sends message of how to do a job  Focus on primary role of the job  service  community  conflict resolution  reinforce mission-vision-values

Assignments Assignments  Rotate to the extent possible.  Do not leave officers in high-risk assignments for extended periods of time.  Strategically use assignments to broaden the knowledge, skills and abilities of staff.  Use assignments to ensure positive contacts with the community.

Promotion  Based on demonstrated ability to accomplish mission within organizational values  Responsibility can not be passed to “consultant” or assessor(s)  Chiefs must ensure personal involvement in process  Promotions are not rewards; they are responsibilities

Discipline & Accountability  Two levels of organization accountable: chief of police officer who committed offense  The systems must hold every level accountable.  You must have authority to have accountability.  Empower supervisors and manager.  Establish effective tracking systems.  Hold Staff Accountable!!

Early Warning Systems Early Warning Systems Complaints Use of Force Resisting Arrest Cases not charged Driving Report Writing Sick Leave Attitude

Leadership  Courageous  Customer-Based  Principle-Driven  “We cannot fear change - we must change fear.”  “We cannot get so focused on keeping our jobs that we forget to do our jobs.”

Community  Sir Robert Peel, Principles of Law Enforcement:  “The police are the public and the public are the police.”  Safe Streets & Civil Liberties  Community partnerships  Reinforce mission-vision-values to community

What can I do? Know the mission- vision Embrace the values Value diversity Manage diversity Support Comm. Policing Use problem-solving Make decisions on facts, not bias Focus on service Work with community Be a leader Intervene, Report violations Be Courageous – BREAK THE CODE OF SILENCE

Summary Revamp operating systems to create “blindfolds.” 8 - categories Establish effective racial profiling policy to reinforce blindfolds. Take personal responsibility to make or support changes.

Racial Profiling Policy Define Racial Profiling Describe what values it violates Prohibit racial profiling and any activity that results in racial profiling Develop Citizen Complaint Process Outline audit and inspection processes Outline administrative actions and/or punitive measures Must be enforced relentlessly

Recommendations Racial Profiling Legislation Declare racial profiling illegal Prescribe criminal, civil and administrative sanctions against violators Mandate racial profiling policies - all agencies Mandate data collection for agencies receiving federal funds Mandate racial profiling training Conduct a National Traffic Statistic Study Mandate a National Task Force on Racial Profiling

The Negative Impact of Racial Profiling Legislation Decrease in officer pro-activity Increases in crime Increases in complaints and lawsuits Low Morale

1: moral principles, teachings, or conduct 2 a: the mental and emotional condition (as of enthusiasm, confidence, or loyalty) of an individual or group with regard to the function or tasks at hand b: a sense of common purpose with respect to a group: ESPRIT DE CORPSESPRIT DE CORPS 3: the level of individual psychological well-being based on such factors as a sense of purpose and confidence in the future

Principles Common Purpose Confidence in the Future Values Mission Vision

Traffic Stop Data Collection Over 400 agencies are collecting data. All federal law enforcement agencies collect data. Eleven states have enacted racial profiling legislation - not all mandate data collection. Thirteen states have introduced racial profiling legislation.

What Data? Race/Ethnicity Gender Age Time of Stop Duration of Stop Location of Stop Type of Stop Purpose of Stop Disposition of Stop Search Search Results Name?

Data Collection- Benchmarking Census Driving Age Population Day-Time Population Major Thoroughfares Violator Population Area/Precinct Demographics Population Density Staff Deployment Special Projects/Assignments Probation & Parole Repeat Offenders