1. 1 Discrimination in Policing and the Courts

2. Discrimination in Policing Policing and race has been a notable issue of late. Michael Brown – Ferguson MO Eric Garner – New York City NY Tamir Rice – Cleveland OH Walter Scott – North Charleston SC But clearly goes back a long way (Rodney King and subsequent riots) 2

3. Discrimination in Policing How would you define discrimination in policing? Why might it be harder than in the labor market? Why is underlying cause of discrimination (e.g., “preference” based vs. statistical based ) important to distinguish here (maybe even more so than in the labor market)? 3

4. Discrimination in Policing “Stop and Frisks” Part of NYC policing strategy under “Broken Windows” Due to perceived excess prevalence among black community members, eventually NYC was put under a consent decree to collect data on stops that meet one of these conditions (“Mandated Stops”) Police only required to submit information if 1. Force is used 2. Suspect is frisked or searched 3. Suspect is arrested. 4. Suspect refuses to identify him/herself. 4

5. Discrimination in Policing Reason for stop has lots of leeway. 5

6. Discrimination in Policing Jeff Fagan (Columbia Law School) and coauthors have looked extensively at the data for these “stop and frisk” cases. Gelman, Fagan, Kess (J. Am. Statistical Assoc.) RaceFraction of PopFraction of Stops White50%16% Hispanic24%33% Black26%51% Why might these figures be difficult to interpret? 6

7. Discrimination in Policing Fagan and Davies (Fordham Urban Law Journal) 7

8. Discrimination in Policing 8

9. Table shows rate at which blacks, Hispanics, and Whites were “stopped” in proportion to the rate at which each race were arrested for each crime. 9

10. Discrimination in Policing “Hit Rates” in stops by race White – 1 in 7.9 Hispanic – 1 in 8.8 Black – 1 in 9.5 What does this actually tell us? 10

11. Discrimination in Policing Vehicle stops and searches DUI DWB? Discrimination? 11

12. Discrimination in Policing Vehicle stops Several different studies have found that black motorist seems to be stopped more frequently than white motorists compared to local population. Is this evidence of racial discrimination in stopping? How could you design a study to look at whether there is racial discrimination? 12

13. Discrimination in Policing Vehicle stops Grogger and Ridgeway (J. of American Statistical Association) Percent Black Among Stopped Drivers _________________Full SampleIntertwighlight Sample Total55%55% Daylight49%52% Dark65%57% 13

14. Discrimination in Policing Vehicle Searches Again, many studies show black motorists who are stopped are substantially more likely to be searched than white motorists? Three possible reasons: 1. Black motorists more likely to act in a way that suggests they are carrying contraband. 2. Black motorists are more likely to carry contraband given any visual clues, so police may engage in statistical discrimination as part of a policy to maximize contraband detection. 3. Police may be biased, and either feel less bad about searching black vehicles, or may be biased in their beliefs about black motorists relative to white motorists. 14

15. Discrimination in Policing Vehicle Searches (cont) Unlike labor market discrimination, there are not necessarily “economic forces” that reinforce “statistical” discrimination but work against “preference” discrimination. Important to know distinction? How could one test whether racial differences in search rates are due to “preference” based discrimination versus? 15

16. Discrimination in Policing Antonovics and Knight (Rev. of Econ and Stats.) Is this necessarily “preference” based discrimination? 16

17. Discrimination in Policing and the Justice System 17 Other evidence about racist attitudes? (Texts between SFPD officers)

18. Discrimination in the Justice System Rehavi and Starr (J. Political Economy) Look at racial sentencing disparity in U.S. federal criminal justice system. 18

19. Discrimination in the Justice System Rehavi and Starr 19

20. Discrimination in Policing and the Justice System 20 Findings suggest concerns about bias in policing and sentencing have some merit. But, maybe we still face the question, is this bias something we might just need to put up with for a safer society? Does it make us safer?

21. Discrimination in Policing and the Justice System 21 A culture of distrust Consider shooting of Michael Brown by Officer Darren Wilson in Ferguson MO.

22. Discrimination in Policing and the Justice System 22 Michael Brown clearly had criminal background and actually just committed a crime. Also, pretty clear from the evidence that some of Officer Wilson’s claims were true about Mr. Brown’s aggressiveness Officer Wilson clearly appears to have received a punch on the face. But, also many facts are in dispute Michael Brown ran away from Officer Wilson, then stopped. Did he put his hands up, or charge? Brown’s testimony also raises questions: The officer said at that point he tried to hold Brown's right arm so he could have "some type of control and not be trapped in my car anymore. And when I grabbed him, the only way I can describe it is I felt like a 5-year-old holding onto Hulk Hogan.” (Brown 6’5” 290 lbs, Wilson 6’4” 210 lbs) As the struggle continued, Wilson managed to fire a second shot while Brown was looking at Wilson “with the most intense aggressive face” The only way he could describe it, Wilson told the grand jury, is “he look[ed] like a demon, that’s how angry he looked”

23. Discrimination in Policing and the Justice System 23 Who do you believe? Officer Wilson should be charge with murder? (CNN Poll) 54% non-Whites agree. 23% ofWhites agree. OJ Simpson Case – Not Guilty Verdict Correct? (Gallup Poll) RightWrongNo Opinion White42%49%9% Black78%10%12%

24. Discrimination in Policing and the Justice System 24 My take Police “targeting/harassment” can lead to needless escalations. Michael Brown Encounter started when Officer Wilson put car into reverse to ask Michael Brown and another man why they weren’t using sidewalks. To which Brown responded that they were almost at their destination. Eric Garner Was first approached for selling individual cigarettes on the street corner. Garner told officers he was tired of being harassed and wasn’t going to stop selling. At this point, officers attempted to physically take him down at which point a struggle ensued.

25. Discrimination in Policing and the Justice System 25 Tamir Rice Two police officers responded after receiving a report of that a black male was pointing "a pistol" at random people in a park. The caller stated twice that the gun was "probably fake". Toward the end of the 2 minute call, the caller stated "he is probably a juvenile." The officers reported that upon their arrival, Rice reached towards a gun in his waistband. Officer Loehmann fired two shots within two seconds of arriving on the scene, hitting Rice once in the torso. Tamir Rice was 12 years old, the gun was not real (though quite real looking) Walter Scott Pulled over for a brake light out. During course of stop, got out of car and ran. In total, 8 shots fired, 5 hit. Officer initially reported Scott had taken his taser and he “felt threatened”. Passerby video shows stop and shooting. Scott clearly running away from officer at time of shooting. Officer’s story does not seem to hold up.stopshooting.

26. Discrimination in Policing and the Justice System 26 Irony is that song on radio in Officer’s car is “What its Like” by Everlast We've all seen a man at the liquor store beggin' for your change The hair on his face is dirty, dread-locked, and full of mange He asks a man for what he could spare, with shame in his eyes "Get a job, you fucking slob, " is all he replies God forbid, you ever had to walk a mile in his shoes 'Cause then you really might know what it's like to sing the blues Police are asked to do a very difficult job, but also one that requires enormous trust. For reasons, both indefensible and some potentially defensible, that trust does not exist in some communities.

27. Discrimination in Policing and the Justice System 27 Officer Darren Wilson in his testimony regarding Michael Brown shooting: "There's a lot of gangs that reside or associate with that area. There's a lot of violence in that area, there's a lot of gun activity, drug activity, it is just not a very well-liked community. That community doesn't like the police." Time for a re-thinking of police strategy and training?