policing – Sheila Kennedy

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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Intellectual Honesty

Today is primary Election Day in Indianapolis, so at some point this evening we will know the identities of the major party candidates for mayor of the city, and for City-County Council.

I’ve previously noted my concerns about the Republican campaign commercials urging more policing and less oversight as the remedy for (massively-exaggerated) urban crime, and as I was reviewing some files I’d kept, I came across an opinion piece from the New York Times that is particularly relevant to that approach.

The essay was by David French, who describes himself as a “conservative independent.” French left the Republican Party in 2016, “not because I abandoned my conservatism but rather because I applied it. A party helmed by Donald Trump no longer reflected either the character or the ideology of the conservatism I believed in, and when push came to shove, I was more conservative than I was Republican.”

The essay grappled with a question that has become much more salient in our highly partisan debates: Are instances of police misbehavior attributable to “bad apples”? Or do they signal deep and systemic problems with American policing?

French notes that our answers to that question reflect a massive partisan divide.

Every year Gallup releases a survey that measures public confidence in a variety of American institutions, including the police. In 2022, no institution (aside from the presidency) reflected a greater partisan trust gap than the police. A full 67 percent of Republicans expressed confidence in the police, versus only 28 percent of Democrats.

Why do Republicans and Democrats see the issue so differently?

The instant that a person or an institution becomes closely identified with one political “tribe,” members of that tribe become reflexively protective and are inclined to write off scandals as “isolated” or the work of “a few bad apples.”

Conversely, the instant an institution is perceived as part of an opposing political tribe, the opposite instinct kicks in: We’re far more likely to see each individual scandal as evidence of systemic malice or corruption, further proof that the other side is just as bad as we already believed….

There are good reasons for respecting and admiring police officers. A functioning police force is an indispensable element of civil society. Crime can deprive citizens of property, hope and even life. It is necessary to protect people from predation, and a lack of policing creates its own forms of injustice.

But our admiration has darker elements. It causes too many of us — again, particularly in my tribe — to reflexively question, for example, the testimony of our Black friends and neighbors who can tell very different stories about their encounters with police officers. Sometimes citizens don’t really care if other communities routinely experience no-knock raids and other manifestations of aggression as long as they consider their own communities to be safe.

French points out that whenever authority is combined with impunity, corruption and injustice will result. That’s as true of institutions on the Left as on the Right.

The police, after all, possess immense power in American streets, often wielded at the point of a gun. Yet the law systematically shields them from accountability. Collective bargaining agreements and state statutes provide police officers with greater protections from discipline than almost any other class of civil servant — despite the fact that the consequences of misconduct can be unimaginably worse. A judge-made doctrine called qualified immunity provides powerful protections against liability, even when officers violate citizens’ civil rights. Systemic police corruption and systemic abuse should not have been a surprise.

As French admits, he was surprised. He came late to the recognition that his reflexive defense of the “rotten apple” theory was wrong.

The lesson I’ve taken has been clear: Any time my tribe or my allies are under fire, before I yield to the temptation of a reflexive defense, I should apply my principles and carefully consider the most uncomfortable of thoughts: My opponents might be right, my allies might be wrong and justice may require that I change my mind. And it may, in all likelihood, require that I do this again and again.

This admirable example of intellectual honesty–the willingness to question one’s own assumptions and be guided by evidence rather than tribalism–is all too rare on both sides of the political divide. Good public policy–and good public officials–result from dispassionate analysis of evidence, not from a reflexive defense of our political “team.”

Here in Indianapolis, I guess we’ll see after the polls close whether pandering to what French calls the “darker elements” of the Republican admiration for police pays off….

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A Not-So-Subtle Candidate

It’s primary election season, and in Indianapolis, the parties are wrapping up their races for the Mayoral nominations.

Indianapolis–like every urban area over 500,000–is a majority-Democratic city. When I first became politically active, it was a reliably Republican stronghold; I served as Corporation Counsel in a Republican administration headed by four-term Mayor William Hudnut. That GOP dominance lasted for thirty years.

Times–and Republicans–have changed.

Our current Mayor, Joe Hogsett, will be running for a third term. He’s a Democrat, he has lots of campaign money and he has the advantages that come with incumbency. (Of course, he also has the disadvantages that come with incumbency; in his case, a widely-criticized faintheartedness that his opponents are honing in on.) He’s widely favored to win the Democratic primary–and, given the significant Democratic tilt of the electorate, the general election.

The Republican primary is dominated by two candidates–Abdul Shabazz, a lawyer, media figure and longtime political pundit, and Jefferson Shreve, who is using a significant portion of the millions he made when he sold his business to blanket the airwaves. And when I say, blanket, I mean blanket–his ads are unavoidable. (I watch very little television, but I’ve seen what seems like thousands of them.) The ads ignore his primary opponent and focus on the Mayor, who–in Shreve’s telling–has presided over the “crumbling” of the city.

Shreve talks a lot about “leadership” (which he doesn’t define). When I saw his spots the first few hundred times, I found them basically content-free, with the single exception of wildly exaggerated claims about crime–a problem that he proposes to solve with “leadership.”

Crime is the only actual issue raised by Shreve’s ads. Fair enough–it’s a real problem here as well as across the country, although we are hardly the hell-hole his ads describe. Shreve’s approach to the issue, however, is troubling. He will “let the police do their jobs.”

In an interview with Axios Indianapolis, Shreve was asked whether police reform has gone too far or not far enough. His response was instructive.

We don’t need police reform to make Indianapolis safer, we need more, better-paid police officers.

What that means comes through loud and clear.

Indianapolis, like all major cities, needs to police its police. There are many admirable officers in IMPD, and the force has made consistent good-faith efforts to educate its members about cultural differences and language barriers. But–again, like most cities–we’ve had episodes where officers have engaged in aggressive and/or inappropriate behaviors–times when they have acted in ways inconsistent with their training.

When I listen to the Shreve commercials, what I hear is “when I’m Mayor, I’m taking the restraints off. In my administration, the police will always be right. I’ll have their backs no matter what.”

Perhaps that is an unfair reaction, but several other people I’ve spoken interpret it the same way. That is, I know, totally anecdotal, but it does reflect national differences between the parties on issues of policing.

The Republican emphasis on law and order has gone hand-in-hand with reflexive and uncritical support for the police. Republican politicians warn that even modest efforts to restrict police tactics will make communities less safe. They also tend to attribute criminal behavior to minorities–and to focus on street crime rather than corporate or other white-collar criminal behavior.

Democrats have been more supportive of criminal justice reform, increased police accountability and transparency. Democratic candidates tend to express concerns about police brutality, racial profiling, and excessive use of force, and to call for the implementation of policies to address those issues.

Criminal justice scholars tell us that aggressive policing approaches have been disproportionately applied in communities of color, and that, politically, “law and order” policies purporting to be tough on crime are particularly appealing to White Republicans who hold negative attitudes towards minorities and immigrants. A 2018 study by the Public Religion Research Institute (PRRI) found that White Republicans were more likely than other groups to believe that police officers treat whites and minorities equally, despite almost daily disclosures to the contrary.

Republican politicians are far more likely to frame crime and violence as problems caused by minorities and immigrants– framing that has been shown to motivate the GOP base. Maybe I’m unduly cynical, but that’s the actual message I hear conveyed–a message underscored in the accompanying, grainy videos– by those unending Shreve advertisements.

On the other hand, perhaps I’m just overreacting to the sheer number of those fatuous commercials….Maybe there’s more to this candidate than his promise to “let the police do their jobs” and his assurances that such unquestioned support defines “leadership.”

Unless Abdul beats him on May 2d, or he runs out of money, I guess we’ll find out.

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A Better Approach?

In my continuing effort to find positive aspects of our gloomy socio-political landscape, I came across a very interesting experiment in public safety being conducted in Albuquerque, New Mexico.

The city has established what has been named the “Albuquerque Community Safety (ACS) department.”

Launched in September, the agency is intended to complement the city’s police and fire departments by having teams of behavioral health specialists patrol and respond to low-level, nonviolent 911 calls.

While it is modeled after programs in a few other cities, ACS is the first stand-alone department of its kind in the country. The initiative is still nascent – Mr. Adams and Ms. White are one of just two responder teams at the moment. But authorities here hope it will defuse the kinds of tensions between police and residents that have surfaced in cities across the country and help reinvent 911 emergency response systems, which many believe have become antiquated.

As slogans go, “Reinvent policing” or “Promote Community Safety” are certainly less off-putting than “Defund the Police,” but the premises are similar; the idea is to relieve police from the need to respond to situations that don’t pose an immediate threat to public safety and that can be better handled by social workers or mental health practitioners who have the often-specialized skills to handle certain interventions.

Most police interviewed about such approaches are enthusiastic, not defensive.

“What Albuquerque is doing is really exciting and innovative,” says Nancy La Vigne, executive director of the Task Force on Policing at the Council on Criminal Justice, a think tank based in Washington, D.C. Police chiefs “almost universally say we’d love to offload these calls to other people. We need these types of models to be developed and implemented, so we can learn from them.”

Even before the police killing of George Floyd sparked massive demonstrations, a number of cities were debating how to reduce the use of lethal force, how to increase meaningful accountability, and how chronically understaffed departments might reduce the need to send uniformed officers to deal with issues that aren’t, strictly speaking, posing a public safety threat.

In Albuquerque, those discussions were made more urgent by the city’s experience; between 2010 to 2014, “members of the Albuquerque Police Department shot and killed 27 people.”

One of them, in March 2014, was James Boyd, a homeless man diagnosed with schizophrenia. An investigation by the U.S. Department of Justice concluded a month later that APD “too often uses deadly force in an unconstitutional manner,” including against “individuals who posed a threat only to themselves.” The police entered into a court-approved agreement with DOJ that October, which the department has been operating under ever since.

Initially, police shootings in the city decreased for several years. But more recently they have begun to rise again. From 2015 to this year, Albuquerque had the second-highest rate of fatal police shootings in the country among big cities.

If that wasn’t worrisome enough, the state’s behavioral health system was disintigrating. A criminal investigation into whether 15 of New Mexico’s largest mental health providers had been defrauding Medicare led to the state freezing their funding. They were subsequently cleared of the the allegations, but according to the report, the state’s mental health system has never fully recovered.

Albuquerque’s aim with its new initiative was thus aimed at revamping its entire emergency response system, and not simply to reform policing.

About 1 in 4 people killed by police since 2015 had mental illnesses, according to a Washington Post database. Many of those killings occurred after the families of those people called the police for help.

“The default response is to send police to a scene and hope they solve whatever is happening,” says Dr. Neusteter. That’s “really not in anyone’s interests.”

“By and large [ACS] is a positive move” for policing in the city, says Peter Simonson, executive director of the American Civil Liberties Union of New Mexico. “It holds the promise that perhaps someday we will see fewer armed officers interacting with people in mental health crisis.”

The effort in Albuquerque is still in its early stages, and police organizations and community groups will be watching to see how it works. The early indications are positive.

Wouldn’t it be great if the Left could stop having to defend clumsy language and the Right would admit that American cities need to handle public safety more effectively and with fewer tragic outcomes–if we could all just put our ongoing culture wars on hold, and instead work collaboratively to use emerging information and expertise to make our communities safer?

I guess I’m just a dreamer……

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There Are Unions…And Then There Are Unions…

Yesterday, I explained how my opinion of labor unions had, shall we say, “matured” over the years. Like many others, I came to see what happens when power becomes wildly disproportionate–when the parties to “bargaining” are so unequal that actual bargaining is impossible.

My belated support for unions recognizes the importance of genuine collective bargaining.

That support doesn’t extend to today’s iteration of police unions, which tend to be powerful protectors of the worst elements of law enforcement.

Public-sector unions are all in a somewhat different situation than those in the private sector. The ability to interrupt a public service gives them additional clout, and they have consequently fared somewhat better than their private-sector counterparts. To the best of my knowledge, most–but certainly not all– have behaved responsibly.

Then there are police unions, which definitely have not. As an article last year in the New York Times put it,

Over the past five years, as demands for reform have mounted in the aftermath of police violence in cities like Ferguson, Mo., Baltimore and now Minneapolis, police unions have emerged as one of the most significant roadblocks to change. The greater the political pressure for reform, the more defiant the unions often are in resisting it — with few city officials, including liberal leaders, able to overcome their opposition.

They aggressively protect the rights of members accused of misconduct, often in arbitration hearings that they have battled to keep behind closed doors. And they have also been remarkably effective at fending off broader change, using their political clout and influence to derail efforts to increase accountability.

That political clout is significant. Candidates for local offices seek to benefit not just from police union endorsements but from contributions: according to the Times, a single New York City police union had donated over $1 million to state and local races between 2014-2020.

The knee-jerk resistance to reform and the “aggressive” protection of their members are troubling, but understandable, “tribal” behaviors. Less understandable–actually, in my view, incomprehensible–is the current anti-vaccine stance being taken by several police unions.

Police departments around the U.S. that are requiring officers to get vaccinated against COVID-19 are running up against pockets of resistance that some fear could leave law enforcement shorthanded and undermine public safety.

Police unions and officers are pushing back by filing lawsuits to block the mandates. In Chicago, the head of the police union called on members to defy the city’s Friday deadline for reporting their COVID-19 vaccination status.

It’s not just Chicago. The Sheriff of Los Angeles County has said he won’t force his 18,000 employees to be vaccinated despite a county mandate. Hundreds of police officers in San Diego say they would consider quitting instead of complying with a vaccination mandate.

Resistance is bubbling up even though first responders have been hit hard by COVID-19. More than 460 law enforcement officers have died from the virus, according to the Officer Down Memorial Page, which tracks deaths in the line of duty.

On the news a few mornings ago, the head of the Chicago union pontificated that being vaccinated was a “personal choice” that government had no right to over-rule. That is especially ironic coming from someone who has been deputized by the government to enforce rules against the “personal choices” of, say, marijuana smokers, seat-belt resisters and gamblers.

It’s bad enough that ordinary Americans don’t understand the difference between personal liberty and their obligations to their fellow-citizens. (As a recent Facebook meme parodied that declaration, if I’m on a ship and I saw through the floor of my cabin to the water below, it’s my personal decision…). But these are people sworn to protect and serve their communities–people who presumably became police officers in order to keep others safe. A “choice” to remain unvaccinated doesn’t simply expose the individual officer to a potentially deadly disease; it endangers anyone in the public with whom that officer interacts.

The research is unequivocal: police unions have a negative effect on innovation, accountability, and police — community relations. “Unionized officers draw more excessive-force complaints and are more likely to kill civilians, particularly nonwhite ones.”

The reason I changed my mind about unionization in general was my recognition that disproportionate power exercised by either unions or management leads to negative outcomes. In the private sector, sapping the ability of workers to bargain effectively has driven the widening gap between the rich and the rest.

In the public sector, the ability of police unions to shield bad cops from accountability–to allow them to defy the very rules they are supposed to uphold– endangers us all.

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