Crime And Policing

I keep harping on the difference between “what” and “how”–and the too-often-unrecognized importance of “how.” I’ve been frustrated, for example, by public reactions to recent Supreme Court decisions that have largely focused upon agreement or disagreement with the holdings– ignoring the Court’s far more concerning willingness to break Constitutional rules about standing and jurisdiction.

That tendency to focus on the “what”rather than the “how” also characterizes most public debates about crime. Most pundits begin with the assumption that public safety requires more policing, and even critics of police misbehavior rarely dispute that assumption. They just want better hiring and training practices.

So I was fascinated by a New York Times essay by noted legal scholar Radley Balko titled “Half the Police Force Quit; Crime Dropped.”

Balko began with what we all know–the horrific incidents that have become common are not the result of “rogue” officers–they reflect institutional cultures.

In a staggering report last month, the Department of Justice documented pervasive abuse, illegal use of force, racial bias and systemic dysfunction in the Minneapolis Police Department. City police officers engaged in brutality or made racist comments, even as a department investigator rode along in a patrol car. Complaints about police abuse were often slow-walked or dismissed without investigation. And after George Floyd’s death, instead of ending the policy of racial profiling, the police just buried the evidence.

The Minneapolis report was shocking, but it wasn’t surprising. It doesn’t read much differently from recent Justice Department reports about the police departments in Chicago, Baltimore, Cleveland, Albuquerque, New Orleans, Ferguson, Mo., or any of three recent reports from various sources about Minneapolis, from 2003, 2015 and 2016.

Balko points to a common response by many in law enforcement: all this criticism is preventing police from doing their jobs “right.” Many officers- defeated and demoralized–quit. Fewer police, more crime.

Lying just below the surface of that characterization is a starkly cynical message to marginalized communities: You can have accountable and constitutional policing, or you can have safety. But you can’t have both.

As Balko notes, calls for more police fail to take into account the ways in which police brutality and misconduct erode public trust, and how that erosion of trust affects public safety. He then points to the experience of a prosperous Minneapolis suburb.

Golden Valley is 85 percent white and 5 percent Black — the result of pervasive racial covenants.

“We enjoy prosperity and security in this community,” said Shep Harris, the mayor since 2012. “But that has come at a cost. I think it took incidents like the murder of George Floyd to help us see that more clearly.” The residents of the strongly left-leaning town decided change was necessary. One step was eliminating those racial covenants. Another was changing the Police Department, which had a reputation for mistreating people of color.

Golden Valley hired a high-ranking Black policewoman and a Black Chief of Police, prompting members of the overwhelmingly white police force to quit — in droves. And police unions continue to warn officers against joining the Golden Valley force, despite excellent pay and a relatively low crime rate.

What happened after the police force lost some half of its officers?

Crime declined.

Balko concedes that Golden Valley is far from a perfect model; it’s a wealthy community with very little crime. But he also notes that its experience isn’t unique, either.

When New York’s officers engaged in an announced slowdown in policing in late 2014 and early 2015, civilian complaints of major crime in the city dropped. And despite significant staffing shortages at law enforcement agencies around the country, if trends continue, 2023 will have the largest percentage drop in homicides in U.S. history. It’s true that such a drop would come after a two-year surge, but the fact that it would also occur after a significant reduction in law enforcement personnel suggests the surge may have been due more to the pandemic and its effects than depolicing…

At the very least, the steady stream of Justice Department reports depicting rampant police abuse ought to temper the claim that policing shortages are fueling crime. It’s no coincidence that the cities we most associate with violence also have long and documented histories of police abuse. When people don’t trust law enforcement, they stop cooperating and resolve disputes in other ways. Instead of fighting to retain police officers who feel threatened by accountability and perpetuate that distrust, cities might consider just letting them leave.

In Indianapolis, the Republican candidate for mayor is basing his campaign largely on his “plan” to improve public safety–a plan to hire more police officers and to “let them do their jobs.”

He clearly doesn’t understand that we won’t get to “what”–less crime–unless we address the importance of “how.”

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Let’s Talk About Crime Rates

I don’t watch much television, and when I do watch, it’s generally via streaming, so I’ve been spared a lot of the mindless political ads that are driving everyone nuts as the midterms approach.

However, I do watch the news on “live” TV, and I have been utterly appalled by a couple of ads slamming our incumbent Prosecutor (who was depicted, in time-honored “dirty politics” fashion, in a dark, grainy and menacing photo that barely resembled him.)

The ads I saw blamed the prosecutor for the fact that one murderer possessed a gun, and another for the fact that a “bad guy” was on the street (presumably after serving the term for which he’d been imprisoned.)

The angry voice-overs didn’t blame–or even mention– Indiana’s idiot legislators, who specify the punishments available to prosecutors and have worked assiduously to ensure that every Hoosier malcontent will have immediate access to lethal firepower. And it didn’t blame police for failing to intervene before the fatal incidents (perhaps using ESP, a la “Minority Report”?).

Nope. All the prosecutor’s fault.

Evidently, the Republican challenger running for the office–whose lack of any criminal justice experience is abundantly clear–wants voters to believe that an elected prosecutor should be spending staff time and resources bringing long-shot lawsuits against the thousands of unhinged people who own guns in Indianapolis.

(By the way, I can just hear those “Second Amendment” purists if a Prosecutor did try to use Indiana’s unwieldy version of a “red flag” statute to confiscate some of that firepower. )

I assume the local Republican candidate’s effort to frighten citizens–“you are in danger because your prosecutor isn’t trying to confiscate weapons from suspicious scary people!!”–is part of the GOP’s nationwide effort to focus on crime and blame that crime on Democratic officeholders. I’m told that Fox “News” runs grainy “look at how dangerous big cities are” footage 24/7.

I would say that coverage is misleading, but it’s actually a lot worse than misleading, because it is based on an outright lie about where crime rates are high and where they aren’t.

According to national figures, these are the ten states where crime rates are worst:

New Mexico – 6,462.03 per 100,000 people
Louisiana – 6,408.22 per 100,000 people
Colorado – 6,090.76 per 100,000 people
South Carolina – 5,972.84 per 100,000 people
Arkansas – 5,898.75 per 100,000 people
Oklahoma – 5,869.82 per 100,000 people
Washington – 5,758.57 per 100,000 people
Tennessee – 5,658.30 per 100,000 people
Oregon – 5,609.89 per 100,000 people
Missouri – 5,604.78 per 100,000 people

Perhaps you noticed something about that list: it’s mostly Red States. (The four states with the lowest crime rates are Maine, New Hampshire, Vermont and New Jersey.) 

Chris Hayes recently addressed the GOP’s dishonest framing of crime, and where that crime occurs, with a really brilliant parody of a Fox “ad”–using the deep-red state of Oklahoma, where Republicans rule and the two largest cities have Republican mayors, as his focus. I encourage you to click through and watch it, but if you don’t have time, I’ll give you the punch line: Oklahoma has a much higher crime rate than either California or New York.

As Hayes quite properly noted, the cities and states in Red America–where crime rates are higher than in our much-maligned Blue cities–haven’t been “defunding” the police, or releasing convicted felons, or doing any of the other nefarious, pro-crime things that–according to Fox  and dishonest political ads– are causing crime to spike. 

Which brings me back to the Indianapolis Prosecutor’s race and my consistent pre-occupation with civic literacy. The person who created that deeply stupid ad clearly assumes that no one watching it has a clue what the actual job description of a Prosecutor is,  what the proper exercise of prosecutorial discretion looks like– or how much of a county prosecutor’s job depends on competent policing and the workability of laws passed by legislators.  

There are all kinds of criticisms that can be fairly leveled at county prosecutors: the merits of the plea bargains they negotiate, the deployment of their necessarily limited resources, the professionalism of the staff, the obvious ambitions of the incumbent…(in the past, Indianapolis has had some real “hot dogs” in that office, spending most of their time in political pandering and running to the media to spin every court decision. Like Todd Rokita at the state level.)

In my humble opinion, the incumbent Marion County Prosecutor–Ryan Mears–is a very good lawyer and a quality person who has been doing an excellent job. He has been very transparent about his priorities (which don’t include focusing on low-level marijuana use or violations of Indiana’s new, draconian abortion ban), and I thoroughly agree with those priorities. Others are free to disagree, and that sort of disagreement is entirely legitimate.

Judging by the ads being run by his challenger, I guess legitimate criticisms weren’t available.

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