Department of Criminal JusticeDepartment of Criminal Justice

California State University - BakersfieldCalifornia State University - Bakersfield

CRJU 330CRJU 330

Race, Ethnicity and Criminal JusticeRace, Ethnicity and Criminal Justice

Dr. Abu-Lughod, Reem AliDr. Abu-Lughod, Reem Ali

Justice on the StreetsJustice on the Streets

Unequal Justice:Unequal Justice:

Cincinnati and the use of police force. 15 AA men have Cincinnati and the use of police force. 15 AA men have been shot and killed by police in recent yearsbeen shot and killed by police in recent years

2001 April, fatal shooting provoked a riot resulting in 2001 April, fatal shooting provoked a riot resulting in property damage and curfewsproperty damage and curfews

Suing police dept. because of racial profiling and was Suing police dept. because of racial profiling and was investigated by Civil Rights Division of the U.S. Dept. of investigated by Civil Rights Division of the U.S. Dept. of JusticeJustice

City entered a consent decree with the Justice Dept., City entered a consent decree with the Justice Dept., and ACLU and the local Black United Front to reform and ACLU and the local Black United Front to reform police dept. in regards to use of force, controlling police dept. in regards to use of force, controlling canine unit and other issuescanine unit and other issues

This also occurs in other citiesThis also occurs in other cities

Recent controversial issue is: RACIAL Recent controversial issue is: RACIAL PROFILINGPROFILING

Targeting AA traffic stops DWBTargeting AA traffic stops DWB

Hispanic reluctant to call police because Hispanic reluctant to call police because of immigration statusof immigration status

LONG HISTORY OF CONFLICTLONG HISTORY OF CONFLICT

Always conflict between police and racial/ethnic Always conflict between police and racial/ethnic minoritiesminorities

Major eras of riots 1917-1919, 1943, 1964-1968Major eras of riots 1917-1919, 1943, 1964-1968

Alfredo Mirande “gringo justice” because of Alfredo Mirande “gringo justice” because of conflicting views, culture, etcconflicting views, culture, etc

Zoot Suit riots in L.A. attacks on HispanicZoot Suit riots in L.A. attacks on Hispanic

Changing face of America requires more challenge Changing face of America requires more challenge for policefor police

More conflict results, and more translation is More conflict results, and more translation is requiredrequired

PUBLIC ATTITUDES TOWARD THE POLICEPUBLIC ATTITUDES TOWARD THE POLICE Whites, Hispanics and AA all have different Whites, Hispanics and AA all have different

attitudes toward policeattitudes toward police In general they all wanted more police protectionIn general they all wanted more police protection Rodney King beating 1991 caused a drop in police Rodney King beating 1991 caused a drop in police

trusttrust

AGE also affects attitude toward policeAGE also affects attitude toward police Young have more negative views because more Young have more negative views because more

contactcontact

THE AA COMMUNITYTHE AA COMMUNITY

Report crimes at a higher rate than whitesReport crimes at a higher rate than whites

Victims of crimesVictims of crimes

Shot, killed and arrested at a much higher rateShot, killed and arrested at a much higher rate

Therefore more police patrol in AA Therefore more police patrol in AA neighborhoodsneighborhoods

THE HISPANIC COMMUNITYTHE HISPANIC COMMUNITY

Report more property related crimesReport more property related crimes

Little contact especially if police cannot Little contact especially if police cannot speak Spanishspeak Spanish

Immigration status, know little abut U.S. laws, Immigration status, know little abut U.S. laws, or lack of language skillsor lack of language skills

THE NATIVE AMERICAN COMMUNITYTHE NATIVE AMERICAN COMMUNITY

Their legal status have an effect on police Their legal status have an effect on police relationsrelations

They have different tribes with federal They have different tribes with federal reservations and separate law enforcement reservations and separate law enforcement agenciesagencies

Crime committed depends on jurisdiction, Crime committed depends on jurisdiction, who committed it, etcwho committed it, etc

Tribal police only have jurisdiction over Tribal police only have jurisdiction over crimes (less serious) committed on Indian crimes (less serious) committed on Indian lands by Native Americans. Otherwise it is lands by Native Americans. Otherwise it is the responsibility of the county sheriffthe responsibility of the county sheriff

Also complex because they have 5 Also complex because they have 5 different types of tribal law enforcement different types of tribal law enforcement agenciesagencies

Budget is tight, lack of personnel and Budget is tight, lack of personnel and many other problemsmany other problems

THE MIDDLE EASTERN COMMUNITYTHE MIDDLE EASTERN COMMUNITY

September 11September 11thth discrimination against Arabs discrimination against Arabs

Approx 4 million Arab American 2% of Approx 4 million Arab American 2% of populationpopulation

Racial profiling, problems flying on certain Racial profiling, problems flying on certain airlinesairlines

Hate crimesHate crimes

Sources of information about possible terrorist Sources of information about possible terrorist groups (FBI interviews)groups (FBI interviews)

ENFORCING FEDERAL IMMIGRATION ENFORCING FEDERAL IMMIGRATION LAWSLAWS

INS was responsible in the past but INS was responsible in the past but then police were given authority after then police were given authority after sep. 11sep. 11thth

Many local police officials rejected Many local police officials rejected that because it will affect their that because it will affect their relationship with community residentsrelationship with community residents

POLICE USE OF DEADLY FORCEPOLICE USE OF DEADLY FORCE

1974 AA 15-year old boy shot and killed after 1974 AA 15-year old boy shot and killed after fleeing with a stolen purse containing $10fleeing with a stolen purse containing $10

Memphis police acted upon Memphis police acted upon fleeing felon rulefleeing felon rule

parents sued and in 1985 the Supreme Court parents sued and in 1985 the Supreme Court declared the rule unconstitutional in declared the rule unconstitutional in Tennessee vs. GarnerTennessee vs. Garner

CONTROLLING THE POLICECONTROLLING THE POLICE

Defense of life rule limiting shootings to those who pose Defense of life rule limiting shootings to those who pose threat to policethreat to police

Police officers required to fill out a report when using a Police officers required to fill out a report when using a weapon and will be investigatedweapon and will be investigated

POLICE USE OF FORCE: particularly against those of POLICE USE OF FORCE: particularly against those of low SESlow SES

Most force used is intra-racialMost force used is intra-racial

More racial minorities (AA) arrested compared to whitesMore racial minorities (AA) arrested compared to whites

ZERO-TOLERANCE POLICING OR “QUALITY OF ZERO-TOLERANCE POLICING OR “QUALITY OF LIFE”LIFE”

When police officers focus on minor crimes e.g. When police officers focus on minor crimes e.g. urinating in publicurinating in public

Some argue that this reduced levels of crime, Some argue that this reduced levels of crime, others argued that this abused police power in others argued that this abused police power in harassing individualsharassing individuals

RACIAL PROFILINGRACIAL PROFILING What is itWhat is it Does it really existDoes it really exist

3 different forms of racial profiling

Like the War on Drugs. Targeting AA and Hispanics because of the belief that they are more likely to be engaged in drug trafficking.

Stopping citizens who appear to be “out of place”

Crackdown on Crime. Get tough on crime issues. Stop and frisk.

NOTE: more AA stopped for routine traffic checks compared with whites

How can we control for that???

Civil rights groups demand data collection on all traffic stops

Officers report to a dispatch the car they’re stopping and the reason for doing so

PERF report states that police officers should be courteous when stopping someone and provide a reason for the stop.

The Customs Bureau. Requires reasons for their supervisors before searching someone. AA women were more likely to be searched. After implementing policy, less innocent people were being searched

STREET STOPS AND FRISKS

Field interrogation (FI). To make people aware that the police is there and aware of their actions

But the Kerner commission found that this created conflict between police and minority. Young AA and Hispanics were singled out

Problem is that police wanted to use their own discretion

Skolnick argues that stereotyping is built in police officers personality

Randall Kennedy argues that race should not be the sole factor

Verbal abuse is also a problem in police work, especially when referring to ethnic minorities

Police officers attitudes and behaviors also change depending on the race of the individual (even prejudiced against surnames)

Education and sensitivity training has contributed to a decline in discriminatory actions and behaviors

Police corruption. Especially in minority neighborhoods. Taking bribes to protect drug trades. Identified by the NY Knapp commission in 1970s, “meat eaters” and “grass eaters.”

Police community relations (PCR)

Speaking at schools

“ride along” to see policing form an officer’s perspective

Some implemented this but in different forms, community policing, reaching out to minorities, etc

Police employment practices

During segregation era (1890s-1960s) some cities did not hire AA officers

Employment discrimination occurs in 3 different forms:

1. Recruitment2. Promotion3. Assignment to shifts and specialized

areas

Things changed from the 1960s on. More Things changed from the 1960s on. More employment of racial minoritiesemployment of racial minorities

BUT do they really represent their BUT do they really represent their communities. communities.

EEO index shows the percentage of EEO index shows the percentage of employed minority compared to the entire employed minority compared to the entire populationpopulation

More bilingual officers to deal with citizen More bilingual officers to deal with citizen complaintscomplaints

How did society respond to employment How did society respond to employment discriminationdiscrimination

1414thth amendment to the U.S. constitution: no amendment to the U.S. constitution: no state shall deny to any person the equal state shall deny to any person the equal protection of the lawsprotection of the laws

Title VII of the Civil Rights Act prohibits Title VII of the Civil Rights Act prohibits employment discrimination based on race, employment discrimination based on race, color, national origin, sex, religion. color, national origin, sex, religion.

1972 EEO Act extended title VII to state and 1972 EEO Act extended title VII to state and local governmentslocal governments

Discrimination in assignment: AA police Discrimination in assignment: AA police officers were not allowed to arrest whites or officers were not allowed to arrest whites or patrol white neighborhoodspatrol white neighborhoods

The impact of DIVERSITYThe impact of DIVERSITY

Impact on the subculture of a police Impact on the subculture of a police departmentdepartment

Good or bad? How do we define diversity?Good or bad? How do we define diversity?