DOJ: Ferguson PD descrimination against blacks is routine

[WildCat]

Well yeah. He figured it out immediately; the rest of us (including the DOJ) are apparently kinda slow.

Actually the Department of Justice said pretty much what I've been saying in a 2013 publication by its research arm. Note to mods: this is a government report and not subject to copyright law.

Racial Profiling and Traffic Stops

Research has verified that people of color are more often stopped than whites.[1] Researchers have been working to figure out how much of this disparity is because of discrimination and how much is due to other factors, but untangling these other factors is challenging:
•Differences in driving patterns. The representation of minority drivers among those stopped could differ greatly from their representation in the residential census. Naturally those driving on the road, particularly major thoroughfares, could differ from those who live in the neighborhood. As a result, social scientists now disregard comparisons to the census for assessing racial bias. [2]
•Differences in exposure to the police. If minority drivers tend to drive in communities where there are more police patrols then the police will be more likely to notice any infractions the black drivers commit. Having more intense police patrols in these areas could be a source of bias or it could simply be the police department's response to crime in the neighborhood.
•Differences in offending. Seatbelt usage is chronically lower among black drivers. [3] If a law enforcement agency aggressively enforces seatbelt violations, police will stop more black drivers.What is clear from the research is that race is a consistent predictor of attitudes toward the police. Hence, some researchers argue that what happens during the stop is as important as the reason for it. So, in addition to questions about bias in the decision to initiate a stop, questions have been asked about bias in other aspects of the traffic stop: the length of the stop and the decision to cite, search or use force. Furthermore, researchers are exploring whether bias, if it exists, is a department-wide culture or isolated in certain units or a select few problem officers. Resolving each of these questions requires different data sources and different methodological approaches.

Below is a sample of research about traffic stops. The studies highlight various approaches researchers have taken to assess racial profiling in traffic stops:
•Several studies have searched for replacements for the residential census as a benchmark. One study used data on the location of traffic accidents and the race of the not-at-fault driver to get a better handle on the racial makeup of drivers in each community.[4] Other researchers have found “race-blind” sources for learning the racial makeup of drivers, such as speed-triggered cameras, [5] drivers cited by photographic stoplight enforcement cameras, [6] and aerial patrols [7]. Comparing changes in the racial makeup of drivers stopped before and after Daylight Saving Time has also been used. This method takes advantage of the abrupt change in the officers' ability to see the race of the drivers in advance of the stop. [8]
•In Savannah, Ga., trained observers accompanied police officers on 132 tours and focused on officers' decision-making and discretion prior to a traffic stop. Officers were questioned every time a person aroused their suspicions. Of those who evoked suspicion, 74 percent were male and 71 percent were minorities. Suspicious behavior, a traffic offense, “looking nervous” or similar behavior accounted for 66 percent of the officers' reactions; 18 percent were the result of information they had received to be on the lookout for a suspect; 10 percent because someone was where he or she would not be expected to be; and 6 percent because of the person's appearance. Officers stopped individuals under suspicion 59 percent of the time, but the suspect's race did not affect the outcome of the stop. The authors concluded that the results did not support the perception that a high level of discrimination occurs prior to a traffic stop. [9]
•Racial bias, if present, could be the result of a few problem officers in a department of otherwise race-neutral officers. Researchers have suggested creating benchmarks for individual officers to identify those detaining disproportionately more minority drivers than their peers. [10]
•A study in Cincinnati found that black drivers had longer stops and higher search rates than white drivers. However, when the researchers matched stops involving black drivers with similarly situated white drivers, those stopped at the same time, place, and context (reason for the stop, validity of the driver's license, etc.), they found no differences. Their conclusion was that differences in the time, place, and context of the stops were the cause of the longer stops and higher search rates. [11]

http://www.nij.gov/topics/law-enforcement/legitimacy/Pages/traffic-stops.aspx

But hey, keep on telling yourselves the Ferguson report wasn't political.

 

[quixotecoyote]

Actually the Department of Justice said pretty much what I've been saying in a 2013 publication by its research arm. Note to mods: this is a government report and not subject to copyright law.

http://www.nij.gov/topics/law-enforcement/legitimacy/Pages/traffic-stops.aspx

But hey, keep on telling yourselves the Ferguson report wasn't political.

Of a report listing many many violations and problems, you've chosen to focus on half a paragraph about traffic stops based on race because such focus has been shown to be inaccurate elsewhere, and attempted to smear the report as political as a result.

This, despite the fact that the limitations of this are acknowledged in a footnote, and the second half of the paragraph also acknowledges that and goes on to say:

is not dependent on population data or on assumptions about differential offending rates by race; instead, the enforcement actions imposed against stopped black drivers are compared directly to the enforcement actions imposed against stopped white drivers.

Now, your report specific to Cincinnati says that they were able to explain a discrepancy by matching time, place, reason for stop. It's true that they haven't explicitly said they've ruled out that confounding factor here. Maybe that's an error in the report. Maybe it's not. Neither of us can be sure of the details of what they looked at to make sure their numbers were correct. Maybe there's something they didn't look at that explains the discrepancies. If there is, I'm sure the Ferguson PD will be happy to bring it up.

But, since you've chosen to focus on what we've told ourselves, what are you telling yourself that justifies looking at one half-paragraph of ambiguity and using it to dismiss a long report of misbehavior. What does it say when you use the ambiguities of whether they accounted for seat belt use among minority populations and ignore the verified accounts of things like arresting a black person for not wearing a seat belt in a parked car.

 

[ponderingturtle]

Two questions does anyone believe it is possible the majority of the discrepancy in arrests etc could be because most of the crimes are committed by African-Americans in Ferguson? Or do you have to be racist to even think it is a possibility?

Yep too many of them freely walk down the street, they need to learn how to do that with out it being a criminal act. Too many black people walk on streets every day with out getting properly punished!

 

[ponderingturtle]

No one goes to jail because they can't pay tickets. They go to jail because they don't show up for their court date.

Nope.

Never let the facts get in the way.

http://www.npr.org/2014/05/21/313118629/supreme-court-ruling-not-enough-to-prevent-debtors-prisons

It happens all the time despite it being in violation of a supreme court ruling. When you are too poor to pay the fine, you are too poor to hire a lawyer to make the case that you can't be put in jail for failure to pay the fine you can't afford to pay. Then you lose your job and have even less ability to avoid jail for failure to pay.

 

[Upchurch]

But hey, keep on telling yourselves the Ferguson report wasn't political.

So, because one statistic might have a methodological problem, you are concluding that that the entire report is political? Do you believe that a justice system cannot be be corrupt or be systemically racist? Do you believe the FPD cannot be corrupt or systemically racist?

Was the other DOJ Ferguson report political? Should we discount that, as well? Or is it based solely on what data fits your theory, rather than the other way around?

 

[12AX7]

Nope.

Never let the facts get in the way.

http://www.npr.org/2014/05/21/313118629/supreme-court-ruling-not-enough-to-prevent-debtors-prisons

It happens all the time despite it being in violation of a supreme court ruling. When you are too poor to pay the fine, you are too poor to hire a lawyer to make the case that you can't be put in jail for failure to pay the fine you can't afford to pay. Then you lose your job and have even less ability to avoid jail for failure to pay.

Brace yourself to be handwaved away.

 

[Newtons Bit]

So, because one statistic might have a methodological problem, you are concluding that that the entire report is political? Do you believe that a justice system cannot be be corrupt or be systemically racist? Do you believe the FPD cannot be corrupt or systemically racist?

Was the other DOJ Ferguson report political? Should we discount that, as well? Or is it based solely on what data fits your theory, rather than the other way around?

It doesn't have a methodological problem. The DoJ didn't just look at the drivers in that area and compared it to the number of drivers pulled over or cited. It factored in the demographics of the driver's origin as well to get a better look at the people who would be using that area as a transportation corridor.

 

[eeyore1954]

Yep too many of them freely walk down the street, they need to learn how to do that with out it being a criminal act. Too many black people walk on streets every day with out getting properly punished!

If you don't think groups walking down the middle of the street cannot be a problem that needs to be addressed I would suspect you have not subjected to the harassment that is sometimes done. Both myself and my wife have (although in our cases it was "white thugs" not blacks).
It has nothing to do with black people walking down the street it has to do with people walking down the middle of the road and then either refusing to move or threatening gestures when they move.

 

[eeyore1954]

As an aside, I have no idea what the penalties would be if I sent a racist email at work. I do know that it would be a disciplinary matter on at least two counts.

Once it was verified I would be fired.

 

[eeyore1954]

ETA: People do go to jail for tying to pay in part

Before the court provided this Wednesday morning court session for those on payment plans, court staff frequently rejected requests from payment plan participants to reduce or continue monthly payments—leaving individuals unable to make the required payment with no recourse besides incurring a Failure to Appear charge, receiving additional fines, and having an arrest warrant issued. In July 2014, an assistant court clerk wrote in an email that she rejected a defendant’s request for a reduced monthly payment on account of inability to pay and told the
54
defendant, “everyone says [they] can’t pay.” This is consistent with earlier noted statements by the acting Ferguson prosecutor that he stopped granting “needless requests for continuances from the payment docket.” Another defendant who owed $1,002 in fines and fees stemming from a Driving with a Revoked License charge wrote to a City official that he would be unable to make his required monthly payment but hoped to avoid having a warrant issued. He explained that he was unemployed, that the court had put him on a payment plan only a week before his first payment was due, and that he did not have enough time to gather enough money. He implored the City to provide “some kind of community service to work off the fines/fees,” stating that “I want to pay you guys what I owe” and “I have been trying to scrape up what I can,” but that “with warrants it’s hard to get a job.” The City official forwarded the request to a court clerk, who noted that the underlying charge dated back to 2007, that five Failure to Appear charges had been levied, and that no payments had yet been made. The clerk responded: “In this certain case [the defendant] will go to warrant.” Records show that, only a week earlier, this same clerk asked a court clerk from another municipality to clear a ticket for former Ferguson Police Chief Moonier as a “courtesy.”And, only a month later, that same clerk also helped the Ferguson Collector of Revenue clear two citations issued by neighboring municipalities

While I would not make a blanket statement that people do not go to jail for not paying.
Unless I missed it in your example I did not see anyone going to jail. I have seen in the report a few anecdotal cases of people who have large outstanding amounts for long periods who did not go to jail.

 

[newyorkguy]

The NIJ report has been discussed previously. Methodology? One of the studies was based on trained observers accompanying police officers, what they saw and heard. Wouldn't it be logical to expect the officers would be on their best behavior with a trained observer watching their every move?

Anyway, I think the conclusion is, not that racial profiling doesn't happen and that some cops aren't clearly biased, but there are other reasons as well to explain why it is that black drivers are more likely to get pulled over than white drivers. That explains some of the disparity but by no means all.

Law enforcement is aware of this and many of the management people are working to try and ensure that all citizens are treated equally. I don't think any intelligent person believes we're there yet. Blacks are stopped, arrested and convicted out-of-proportion to any other racial group. There's many reasons but racism in policing is undeniably one of those reasons. It's a fact of life. For someone to deny that seems to me to be an indication of their own bias.

 

[jimbob]

Once it was verified I would be fired.

Yes, the fact that the police didn't even deign to hide their opinions is what struck me. They obviously had absolutely no worries about the consequences.

While I would not make a blanket statement that people do not go to jail for not paying.
Unless I missed it in your example I did not see anyone going to jail. I have seen in the report a few anecdotal cases of people who have large outstanding amounts for long periods who did not go to jail.

Sorry, there were a few missing dots.

The below joins some of them up:

That the primary role of warrants is not to protect public safety but rather to facilitate fine collection is further evidenced by the fact that the warrants issued by the court are overwhelmingly issued in non-criminal traffic cases that would not themselves result in a penalty of imprisonment. From 2010 to December 2014, the offenses (besides Failure to Appear ordinance violations) that most often led to a municipal warrant were: Driving While License Is Suspended, Expired License Plates, Failure to Register a Vehicle, No Proof of Insurance, and Speed Limit violations. These offenses comprised the majority of offenses that led to a warrant not because they are more severe than other offenses, but rather because every missed appearance or payment on any charge results in a warrant, and these were some of the most common charges brought by FPD during that period.

Even though these underlying code violations would not on their own result in a penalty of imprisonment, arrest and detention are not uncommon once a warrant enters on a case. We have found that FPD officers frequently check individuals for warrants, even when the person is not reasonably suspected of engaging in any criminal activity, and, if a municipal warrant exists, will often make an arrest. City officials have told us that the decision to arrest a person for an outstanding warrant is “highly discretionary” and that officers will frequently not arrest unless the person is “ignorant.” Records show, however, that officers do arrest individuals for outstanding municipal warrants with considerable frequency. Jail records are poorly managed, and data on jail bookings is only available as of April 2014. But during the roughly six-month period from April to September 2014, 256 people were booked into the Ferguson City Jail after being arrested at least in part for an outstanding warrant—96% of whom were African American. Of these individuals, 28 were held for longer than two days, and 27 of these 28 people were black.

Because of the large number of municipalities in the region, many of which have warrant practices similar to Ferguson, it is not unusual for a person to be arrested by one department, have outstanding warrants pending in other police departments, and be handed off from one department to another until all warrants are cleared. We have heard of individuals who have run out of money during this process—referred to by many as the “muni shuffle”—and as a result were detained for a week or longer.

The Ferguson court, however, has in the past routinely issued arrest warrants when a person is unable to make a required fine payment without any ability-to-pay determination. While the court does not sentence a defendant to jail in such a case, the result is often equivalent to what Bearden proscribes: the incarceration of a defendant solely because of an inability to pay a fine. In response to concerns about issuing warrants in such cases, Ferguson officials have told us that without issuing warrants and threatening incarceration, they have no ability to secure payment. But the Supreme Court rejected that argument, finding that states are “not powerless to enforce judgments against those financially unable to pay a fine,” and noting that—especially in cases like those at issue here in which the court has already made a determination that penological interests do not demand incarceration—a court can “establish a reduced fine or alternate public service in lieu of a fine that adequately serves the state’s goals of punishment and deterrence, given the defendant’s diminished financial resources.”32 Id. As discussed above, however, Ferguson has not established any such alternative.33

32 Ferguson officials have also told us that the arrest warrant is issued not because of the missed payment per se, but rather because the person missing the payment failed to abide by the court’s rules. But the Supreme Court has rejected that contention, too. In Bearden, the Court noted that the sentencing court’s stated concern “was that the petitioner had disobeyed a prior court order to pay the fine,” but found that the sentence nonetheless “is no more than imprisoning a person solely because he lacks funds” to pay. Bearden, 461 U.S. at 674.
33 Additionally, Ferguson’s municipal code provides: “When a sentence for violation of any provision of this Code or other ordinance of the city . . . includes a fine and such fine is not paid, or if the costs of prosecution adjudged against an offender are not paid, the person under sentence shall be imprisoned one day for every ten dollars ($10.00) of any such unpaid fine or costs . . . not to exceed a total of four (4) months.” Ferguson Mun. Code § 1-16. Our investigation did not uncover any evidence that the court has sentenced anyone to imprisonment pursuant to this statute in the past several years. Nonetheless, it is concerning that this statute, which unconstitutionally sanctions imprisonment for failing to pay a fine, remains in effect. Cf. Bearden v. Georgia, 461 U.S. 660, 671 (1983).

 

[jimbob]

The NIJ report has been discussed previously. Methodology? One of the studies was based on trained observers accompanying police officers, what they saw and heard. Wouldn't it be logical to expect the officers would be on their best behavior with a trained observer watching their every move?

Anyway, I think the conclusion is, not that racial profiling doesn't happen and that some cops aren't clearly biased, but there are other reasons as well to explain why it is that black drivers are more likely to get pulled over than white drivers. That explains some of the disparity but by no means all.

Law enforcement is aware of this and many of the management people are working to try and ensure that all citizens are treated equally. I don't think any intelligent person believes we're there yet. Blacks are stopped, arrested and convicted out-of-proportion to any other racial group. There's many reasons but racism in policing is undeniably one of those reasons. It's a fact of life. For someone to deny that seems to me to be an indication of their own bias.

Thanks for that Newyorkguy...

I also find it hard to find an innocent explanation for blacks being stopped more often, searched more often when stopped, and having contraband being found less often, whilst simultaneously being more likely to be arrested.

The idea that blacks might consent to searches might have some validity. After all, one FPD officer said that

when he conducts a traffic stop, he asks for identification from all passengers as a matter of course. If any refuses, he considers that to be “furtive and aggressive” conduct and cites—and typically arrests—theperson for Failure to Comply. The officer thus acknowledged that he regularly exceeds his authority under the Fourth Amendment by arresting passengers who refuse, as is their right, to provide identification.

 

[newyorkguy]

You're welcome. Btw-

when he conducts a traffic stop, he asks for identification from all passengers as a matter of course. If any refuses, he considers that to be “furtive and aggressive” conduct and cites—and typically arrests—the person for Failure to Comply. The officer thus acknowledged that he regularly exceeds his authority under the Fourth Amendment by arresting passengers who refuse, as is their right, to provide identification.

No less than the Southern California Chapter of the ACLU warns people that, while they may have the absolute right in certain circumstances to refuse to produce ID upon demand by police, exercising that right may get them arrested. And Southern Cal is not exactly a conservative area. Worse, the ACLU is not even fighting it. They accept it as reality.

Back in the day, before this country became so conservative, I used to hear people say: We're Americans and we have all kinds of rights so long as we don't try and use them. Then you get your head busted.

 

[jimbob]

The NIJ report has been discussed previously. Methodology? One of the studies was based on trained observers accompanying police officers, what they saw and heard. Wouldn't it be logical to expect the officers would be on their best behavior with a trained observer watching their every move?
Anyway, I think the conclusion is, not that racial profiling doesn't happen and that some cops aren't clearly biased, but there are other reasons as well to explain why it is that black drivers are more likely to get pulled over than white drivers. That explains some of the disparity but by no means all.

Law enforcement is aware of this and many of the management people are working to try and ensure that all citizens are treated equally. I don't think any intelligent person believes we're there yet. Blacks are stopped, arrested and convicted out-of-proportion to any other racial group. There's many reasons but racism in policing is undeniably one of those reasons. It's a fact of life. For someone to deny that seems to me to be an indication of their own bias.

The highlighted bit - I am unsure how many officers within the FPD would change their behaviour. They seem to show a startling lack of self-awareness. For example, if I was in an organisation that had been the subject of intense media scrutiny and was the subject of a federal investigation, I might consider whether it would be a good idea to arrest lawful protesters in public a few weeks before the report is due out.

 

[WildCat]

Of a report listing many many violations and problems, you've chosen to focus on half a paragraph about traffic stops based on race because such focus has been shown to be inaccurate elsewhere, and attempted to smear the report as political as a result.

The part about traffic stops has been prominent in this thread and in the news media, and presented as indisputable proof that Ferguson is targeting blacks. And the report is using a methodology they previously acknowledged as being improper and fatally flawed.

This, despite the fact that the limitations of this are acknowledged in a footnote, and the second half of the paragraph also acknowledges that and goes on to say:

Now, your report specific to Cincinnati says that they were able to explain a discrepancy by matching time, place, reason for stop. It's true that they haven't explicitly said they've ruled out that confounding factor here. Maybe that's an error in the report. Maybe it's not. Neither of us can be sure of the details of what they looked at to make sure their numbers were correct. Maybe there's something they didn't look at that explains the discrepancies. If there is, I'm sure the Ferguson PD will be happy to bring it up.

But, since you've chosen to focus on what we've told ourselves, what are you telling yourself that justifies looking at one half-paragraph of ambiguity and using it to dismiss a long report of misbehavior. What does it say when you use the ambiguities of whether they accounted for seat belt use among minority populations and ignore the verified accounts of things like arresting a black person for not wearing a seat belt in a parked car.

A few anecdotes does not a pattern make, and their attempts to establish a pattern is marred by a methodology that they previously acknowledged as being insufficient and misleading.

 

[jimbob]

Yep too many of them freely walk down the street, they need to learn how to do that with out it being a criminal act. Too many black people walk on streets every day with out getting properly punished!

If you don't think groups walking down the middle of the street cannot be a problem that needs to be addressed I would suspect you have not subjected to the harassment that is sometimes done. Both myself and my wife have (although in our cases it was "white thugs" not blacks).
It has nothing to do with black people walking down the street it has to do with people walking down the middle of the road and then either refusing to move or threatening gestures when they move.

I suspect that ponderingturtle was making an allusion to this incident - and it is worth noting that this incident happened this February, when one might consider the FPD to be on best behaviour due to the level of public scrutiny.

The Ferguson Police Department’s infringement of individuals’ freedom of speech and right to record has been highlighted in recent months in the context of large-scale public protest. In November 2014, a federal judge entered a consent order prohibiting Ferguson officers from interfering with individuals’ rights to lawfully and peacefully record public police activities. That same month, the City settled another suit alleging that it had abused its loitering ordinance, Mun. Code § 29-89, to arrest people who were protesting peacefully on public sidewalks.
Despite these lawsuits, it appears that FPD continues to interfere with individuals’ rights to protest and record police activities. On February 9, 2015, several individuals were protesting outside the Ferguson police station on the six-month anniversary of Michael Brown’s death. According to protesters, and consistent with several video recordings from that evening, the protesters stood peacefully in the police department’s parking lot, on the sidewalks in front of it, and across the street. Video footage shows that two FPD vehicles abruptly accelerated from the police parking lot into the street. An officer announced, “everybody here’s going to jail,” causing the protesters to run. Video shows that as one man recorded the police arresting others, he was arrested for interfering with police action. Officers pushed him to the ground, began handcuffing him, and announced, “stop resisting or you’re going to get tased.” It appears from the video, however, that the man was neither interfering nor resisting. A protester in a wheelchair who was live streaming the protest was also arrested. Another officer moved several people with cameras away from the scene of the arrests, warning them against interfering and urging them to back up or else be arrested for Failure to Obey. The sergeant shouted at those filming that they would be arrested for Manner of Walking if they did not back away out of the street, even though it appears from the video recordings that the protesters and those recording were on the sidewalk at most, if not all, times. Six people were arrested during this incident. It appears that officers’ escalation of this incident was unnecessary and in response to derogatory comments written in chalk on the FPD parking lot asphalt and on a police vehicle.

 

[WildCat]

Nope.

Never let the facts get in the way.

http://www.npr.org/2014/05/21/313118629/supreme-court-ruling-not-enough-to-prevent-debtors-prisons

It happens all the time despite it being in violation of a supreme court ruling. When you are too poor to pay the fine, you are too poor to hire a lawyer to make the case that you can't be put in jail for failure to pay the fine you can't afford to pay. Then you lose your job and have even less ability to avoid jail for failure to pay.

If that was what was happening in Ferguson the DoJ would be suing instead of issuing a report.

 

[WildCat]

So, because one statistic might have a methodological problem, you are concluding that that the entire report is political? Do you believe that a justice system cannot be be corrupt or be systemically racist? Do you believe the FPD cannot be corrupt or systemically racist?

Was the other DOJ Ferguson report political? Should we discount that, as well? Or is it based solely on what data fits your theory, rather than the other way around?

The political stuff is where they make all kinds of allegations that would be illegal if they were factual and provable and yet they don't sue or bring charges in court. Kind of like all the anti-gay marriage yahoos who cite all kind s of reasons why gay marriage is harmful but suddenly sing a different tune when called upon to testify as such in a court of law.

This is every bit as political as the Meese Commission report on pornography during the Reagan administration. Red meat to throw to the base to make it appear they "did something" when there's nothing that can be done legally.

 

[WildCat]

The NIJ report has been discussed previously. Methodology? One of the studies was based on trained observers accompanying police officers, what they saw and heard. Wouldn't it be logical to expect the officers would be on their best behavior with a trained observer watching their every move?

The discrepancies in that were very similar to the ones observed in Ferguson.