stakeholder13.files.wordpress.com€¦  · web viewracially biased policing and police brutality...

37
Racially Biased Policing and Police Brutality in the United States Police Force Prepared for: International Association of Chiefs of Police Prepared by: Mary Grace Mooney Date: May 1, 2015 MGMT 300

Upload: others

Post on 03-Oct-2020

3 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

R a c i a l l y B i a s e d P o l i c i n g a n d P o l i c e B r u t a l i t y i n t h e U n i t e d S t a t e s P o l i c e F o r c e

Prepared for: International Association of Chiefs of PolicePrepared by: Mary Grace MooneyDate: May 1, 2015MGMT 300

Page 2: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

Table Of Contents

Executive Summary………………………………………………………3

Introduction.................................................................................................4

The Issue…………………………………………………………………. 5

Racial Profiling……………………………………………………5

The Use of Deadly Force ……………………………………….…7

Racial Biases and Police Gun Use……………………………….. 9

Monumental Cases of Police Brutality and Racial Policing…………...9

Rodney King and the Los Angeles Riots of 1992……….……..….10

Eric Garner and the Manhattan Protests of 2014………….…….11

Michael Brown and the Ferguson Riots of 2014…………….…...12

Freddie Gray and the Baltimore Riots of 2015…………….…….17

Solutions…………………………………………………………………18

Thorough Record Keeping and Investigations………………...…18

Police Body Cameras…………………….……………………....19

Eliminating Implicit Bias…………………….…………………..20

Works Cited…………………………………………………………….22

2

Page 3: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

Executive Summary

This report is given to the International Association of Chiefs of Police. While the issue of bias policing and police brutality has seemed exceptionally prevalent in the past few years, African Americans and minorities have been disproportionately targeted by police officers for decades. Dating back from the 1920’s and 1960’s the police force has shown racial bias and used excessive force on blacks much more frequently than whites. Police brutality occurs in many forms; it refers to physical force as well as verbal attack. Other tactics include, psychological intimidation, racial profiling, false arrest, unwarranted use of a gun, political corruption or police corruption. These issues have caused division and distrust between communities and their police force as well as slowed down our nation’s progress towards complete racial equality. This report focuses on three very controversial cases of police brutality as well as racial bias within U.S police forces.

Racial profiling and excessive use of force are two of the main elements of unfair policing that have caused immense controversy. Racial profiling refers to the exercise of stopping or targeting someone based on their race rather than by reasonable and individualized suspicion. Evidence reveals that police officers purposely target African Americans based on their race rather than for reasonable suspicion. Evidence has also found that excessive force is used much more often on blacks than on whites. Police officers are only allowed to use excessive force in certain situations such as, if they have true fear their lives are in danger and act in self-defense. If an arrestee is un-armed and does not resist arrest, police are prohibited from using deadly force.

The cases of Rodney King in Los Angeles, Eric Garner in Staten Island, Michael Brown in Ferguson, and most recently, Freddie Gray in Baltimore all reflect the major issues involving bias policing and police brutality. Each of these African American men were unarmed and had fallen victim to the institutionalized racism in our nation’s police force. These incidents caused severe civil unrest and inflamed the nation’s awareness of this tragic issue that continues to persist. It is important to note, however, that while these famous cases are important in understanding this problem, they are not isolated instances. Incidents of police brutality and racial profiling occur everyday all over our country. One of the main problems preventing us from fixing the issue is that the police force has failed at recording reliable and thorough data.

This report analyzes why exactly racial profiling and police brutality occur and three possible starting solutions. These solutions include the enforcement of better record keeping, police body cameras, and required education/training programs to help eliminate implicit bias that can cause police officers to resort to racial profiling and the use of excessive force. This report aims at helping The International Association of Chiefs of Police better understand the underlying issues and what they can do to help improve our police forces.

3

Page 4: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

Introduction

Police brutality, specifically targeted towards African Americans, has an extensive legacy

in American history. While the issue has been particularly prevalent over the past year, this

problem has existed for decades. Instances of police brutality have been occurring since the

Prohibition in the 1920’s and the Civil Rights Movement in the 1960’s. Police brutality is the

malicious use of excessive force by a police officer, typically physical but can also be in the form

of verbal attack. This violence of extreme degree is not supported by a legitimate police function.

Forms of police brutality include: psychological intimidation, racial profiling, false arrest,

unwarranted use of a gun, political corruption or police corruption. Recently, this issue has been

brought to mass public attention, concerning police authority and inherent racism. Over the years

and especially currently, excessive force and “shootings of a minority suspect may engender a

sense of mistrust and victimization among community members and give rise to conflict between

the community and police” (Correll, 1006). From the LA riots in 1992, to the Ferguson riots last

August and now to the riots currently erupting in Baltimore, unfair policing and institutionalized

racism within the police force has caused serious upheaval and mistrust between community

members and the police force that is supposed to be protecting them. Bias policing is found in

many other forms other than the use of excessive force, there is evidence that the police force

disproportionately targets African Americans and Hispanics for traffic stops, citations and

arrests. This report will touch more in depth on the problem of bias policing, what is currently

happening to fix it and what more can be done.

4

Page 5: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

The Issue

Racial profiling

Racial profiling refers to the exercise of stopping or targeting someone based on their

race rather than by reasonable and individualized suspicion. The data on racial profiling supports

the claims of racial biases within the police force. In 2004, a national study found that 40% of

blacks compared to only 5% of whites had been stopped by the police that year, just because of

their race. Public-police surveys distributed in 2004 also found that black motorists were more

frequently stopped than whites (Farrell, 53). Although these statistics are rather recent, close

surveillance of African-Americans and other minorities has existed for decades. The 1968 ruling

of Terry v. Ohio set the legal standard for police conduct in citizen stops. This case set the

precedent for “reasonable suspicion” standards in searching and arresting citizens. In 2000, this

concept was expanded after the ruling of Illinois v. Wardlow, in which the location of the

suspicion could also be a reason to detain citizens. This case ruled that, “a location’s

characteristics are relevant to determining whether a behavior is sufficiently suspicious to

warrant further investigation” (Gelman, 841). As a result, because ‘high-crime areas’ often have

high concentrations of minority citizens, minority neighborhoods are at risk for elevating the

suspiciousness of their residents” (Gelman, 814). A study done in 1986 showed that a suspect’s

race as well as the “racial composition” of his neighborhood influenced the police officer’s

decision to stop and search the suspect. Police officers have defended themselves on the grounds

that minorities commit more crimes than whites and “the spatial concentration and disparate

impacts of crimes committed by and against minorities justifies more aggressive enforcement in

minority communities”(Gelman, 841).

5

Page 6: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

The NYPD’s stop-and-frisk tactics raise serious concerns regarding racial profiling and is

an example of how racial bias within a police force can cause a community’s mistrust in the legal

system. Stop-and-frisk is a type of search in which an NYPD police officer confronts a

suspicious person in an effort to prevent another crime from happening. The police frisks (pats)

the suspect down over his clothes in search of weapons and then questions him. If the officer

feels what he thinks is a weapon he is permitted to reach inside the person’s clothing. If he finds

evidence of a weapon he can then continue with a formal arrest, if he does not, then the search is

over and the suspect is released (Legal Dictionary). There are federal and state laws that name

reasons for stopping a suspicious person unconstitutional. For example, under the law a police

officer is not permitted to stop someone based off of a bulge in the pocket or if a person walks

away from the police. “However, when the police observe illegal activity, weapons, a person

who fits a description, or suspicious behavior in a crime area, then stop and frisks have been

ruled constitutional”(Gelman, 816).

A 1999 study was performed on the NYPD to determine if the officers were acting in an

unfair or racist manner. The results of the research did in fact imply that officers were

performing searches with a racial bias: “Blacks and Hispanics represented 51% and 33% of the

stops while representing only 26% and 24% of the New York City population. Compared with

the number of arrests of each group in the previous year, blacks were stopped 23% more often

than whites and Hispanics were stopped 39% more often than whites” (Gelman, 822). Stop-and-

frisk practices still remain a very controversial topic. A 2014 study showed that 82% of the 4.3

million stops over 9 years were performed on African Americans and Latinos. Many New York

politicians and New York Civil Liberties Union members have made it their mission to end the

inherently racist stop-and frisk practices. New York City mayor, Bill De Blasio, campaigned to

6

Page 7: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

deliver reforms to these practices and about a year ago announced that there would be “a monitor

for three years to oversee the creation of reforms aimed at ending discrimination. The monitor

will oversee a process in which communities most affected by stop-and-frisk tactics will provide

input on the reforms” (Mathias). Even though this was a great moment for New York citizens,

executive director of the New York Civil Liberties Union, asked people for their patience, as

reforms were still being developed. She stated, “Of course we understand that the culture of the

largest police force in the country cannot happen overnight” (Mathias).

The Use of Deadly Force

Before addressing specific events in which police officers have used excessive or deadly

force, it is crucial in understanding the appropriate situations in which a police officer can

exercise deadly force, specifically by means of a gun. “Under the present law it is important that

the officer know whether the arrestee has committed a misdemeanor or a felony”(Gambel, 756).

If the arrestee is committing a misdemeanor it is prohibited in most states for a police officer to

use deadly force. This is because a minor crime that does not threaten the life of the police

officer is not sufficient to warrant excessive bodily harm. If the arrestee has committed a felony

and is resisting arrest, the officer is permitted to use deadly force if its use is absolutely necessary

in restraining the arrestee. However, in this type of situation, two things are mandatory: One, the

arrestee must be aware that he is being arrested under the law and two, there must be no other

way to restrain the criminal but to use force. If the officer were to kill the felon, it is not justified

if the arrest could have been made without using severe force. If the arrestee is resisting arrest

and the police officer has full belief that his life is being threatened, killing the arrestee as a

result of self-defense is justified. “There are two requirements for the exercise of this privilege:

7

Page 8: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

that the circumstances be such as to reasonably warrant the belief that the officer’s life is

threatened, and that he honestly believes that such danger exists” (Gambel 757).

What if an arrestee flees from an officer who seeks to arrest him? Just like above, the

officer must consider if the criminal is committing a felony or misdemeanor. If the arrestee has

committed a misdemeanor, using deadly force is never justified to stop his escape. If the officer

were to fire his gun in order to frighten the criminal, but accidently hits him, the officer will not

be excused of unwarranted excessive force. However, if the criminal is guilty of a felony and

flees from arrest, the officer is permitted to use his gun only if the arrest could not be made any

other way. Before shooting the officer must make sure that he made every effort to let the

fugitive know the policeman is an officer of the law. The officer must only use his gun as a last

resort. He should attempt to use his voice, whistle or siren before pulling out and using his

revolver.

One of the most problematic circumstances dealing with excessive force is suspicion. The

above situations involve an officer knowing a person had committed either a felony or a

misdemeanor. When an officer acts on suspicion alone, uncertain if a misdemeanor or felony has

actually been committed, using deadly force is never permissible. Majority of courts have held

that if an officer uses deadly force based off of suspicion and the suspect turns out to be an

innocent person, the act can never be justified. “The reason for this rule is that human life is too

sacred to be placed in danger without sufficient reason (Gambel, 758). These laws are in place to

set standards and guidelines for policeman, to keep our communities safe and to instill trust

between citizens and law enforcement.

8

Page 9: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

Racial Bias and Police Gun Use

Motivated by high-profile police shootings of unarmed black men, many social

psychologists have recently performed research to determine whether or not a suspect’s race

influences a police officer’s decision to use excessive force, particularly with a gun. For years

now, other types of researchers have been investigating this issue and have found significant

evidence “that police use greater force, including lethal force, with minority suspects than with

white suspects. Data from the Department of Justice, itself, indicate that Black suspects are

approximately five times more likely than White suspects, per capita to die at the hands of a

police officer”(Correll, 1006). Some research also suggests that bias in police shootings is a

result of the officer’s role as “protectors of the privileged (predominantly white) classes over the

less fortunate (predominantly minority) members of society” (Correll, 1007).

Monumental Cases of Police Brutality and Racial Policing

There are three high-profile cases that will be examined and analyzed. These individual

instances have brought the issue of bias-based policing into public attention and caused

American citizens to doubt not only the intentions of the police force, but also the progress of

racial equality in America. The murders of Rodney King in Los Angeles, Michael Brown in

Ferguson, Eric Garner in Staten Island, and Freddie Gray in Baltimore were all a result of

unjustified police brutality and racial policing. Each case caused severe chaos and destruction

within their communities and received a great deal of media attention, inflaming racial tension

across the United States.

9

Page 10: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

Rodney King and the Los Angeles Riots of 1922

In 1991, African American male, Rodney King, was speeding down the Los Angeles 210

freeway when an officer began following him in attempt to pull him over for speeding. King led

the officers on a 7.8 mile chase, getting up to about 115 mph (Deitz, A10). King had had a

substantial amount to drink that night and was later found to have a blood-alcohol level about 2.5

times above the legal driving limit. When the cops finally got him to pull over, he stepped out of

the car and officers claimed he began resisting arrest. Sergeant Stacey Koon attempted to subdue

him by shooting her TASER gun at him; after that proved unsuccessful, the officers began to

ruthlessly beat him with their batons. Officer Laurence Powell struck him 56 times repeatedly

and kicked him several times (The Economist). An eyewitness caught this brutal beating on tape

from his balcony close by. A few days later he sent the videotape to a local news channel and

almost immediately the video went viral, stunning the country and even further angering the

already fed up Los Angeles African American community (Gray). The footage is horrifying and

clearly shows police officers imposing unnecessary excessive force on King, hitting him with a

baton when he is clearly not moving and is no longer a threat to the officers safety. After the tape

went viral, a Los Angeles poll showed that 92% of those polled believed that excessive force was

used against Rodney King and even “Police Chief Daryl Gates called the use of force ‘very,very

extreme’” (Lindner,).

Although the video clearly showed the use of excessive force on an unarmed man, the

defense lawyers argued, “the officers acted reasonable because the suspect had been acting

erratically and was resisting arrest” (Stevens, B8). On the other side of the argument, the

prosecutors claimed, “officers disobeyed police department policy when they struck a fallen

suspect”(Stevens, B8). Mr. King also told the jurors that he was “taunted with a racial epithet

10

Page 11: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

during his beating”(Stevens, B8). The trial was moved to Simi Valley about 40 miles from LA

and was heard by a predominately white jury. The jury ruled that the videotape was not sufficient

evidence because it did not capture the seconds before the beating, when King apparently

resisted arrest and charged one of the police officers. The four officers were acquitted of all but

one of the11 charges. This acquittal outraged the Los Angeles citizens, especially the minority

communities and sparked the Los Angeles riots of 1992.

Within hours of the court decision, on April 29, Los Angeles was up in flames. Arson and

looting consumed the city for four days and cost the lives of 54 people and left the city with $1

billion dollars of property damage. Over 7,000 persons were arrested during this revolt. This

episode marked the deadliest and most destructive civil uproar in the United States since the civil

war (Hodak, 72). Organizations such as the Rebuild LA (RLA) were founded after the riots to

begin restoring the downtown LA neighborhoods. However, some store owners could not afford

repair or to replace stolen merchandise and were forced to shut down for good. This incident has

forever changed LA and has been remembered as one of the most significant police brutality

cases in American history. Sadly, the problem did not end here.

Eric Garner and the Manhattan Protests of 2014

Eric Garner, a 43 year old, un-armed African American man, was put in a chokehold by a

Staten Island police officer and was suffocated to death. The officers approached Garner on

suspicion of selling un taxed individual cigarettes, a charge he had repeatedly been arrested for.

A bystander caught the following moments on video: When the police officers attempted to

arrest him, Garner asked them to leave him alone and claimed he had done nothing wrong. As

police attempted to arrest him, Garner clearly puts his arms up in surrender but officer Daniel

Panteleo continues to then place his arms around his throat, bring him to the ground and

11

Page 12: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

chokehold him, a tactic banned in New York City. The video shows Garner gasping for air and

repeatedly saying, “I cant breath.” The other officer pressed his head against the sidewalk

(Semuels). Garner was overweight, had asthma and had previous heart conditions; all of which

the police officers were unaware of and a good example of why the chokehold was banned in

NYC. The tactic is simply too dangerous and forceful. Garner did not try to run away, resist

arrest, or impose force on either officer; Garner was not a threat to the lives of the officers and

the chokehold was clearly not an act of self-defense. However, the court failed to indict Daniel

Pantaleo. This ruling immediately resulted in protests all over Manhattan and once again sparked

questions of inherent racism within the police force and mistrust in the law enforcement all

across America.

A federal investigation into the chokehold death of Eric Garner is now underway to

determine whether or not Garner’s Fourth Amendment rights were violated. “A key question will

be whether the government can show willfulness on the part of Officer Pantaleo” (Weiser). This

investigation raises the hopes of many Americans, especially African Americans, who are tired

of racial policing. It will be extremely disheartening for the African American communities and

many other people across the United States to see a police officer kill a non-threatening man in

broad daylight, especially using the illegal chokehold tactic, walk away without any

consequences.

Michael Brown and the Ferguson Riots of 2014

On August 9 of last year, 18 year old, Michael Brown, an unarmed African American,

was shot and killed by Darren Wilson, a white police officer, in Ferguson, Missouri. There are

multiple different accounts of what exactly happened on that dreadful afternoon, as there is no

video documentation of the events leading up to and including the shooting. Dorian Johnson,

12

Page 13: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

Michael Brown’s friend was with Brown that afternoon and claims that the two were walking in

the middle of the street when officer Wilson pulled up beside them and asked them to walk on

the sidewalk. The facts are hazy, but Johnson says that the officer threatened to shoot Brown and

then fired multiple times as Brown ran for his life. He also claimed that Brown yelled, “I don’t

have a gun, stop shooting!” Daren Wilson’s account of the event is much different. He claims

that Brown was holding cigarillos that were reported stolen from a local store hours before and

that Brown was refusing to get out of the road. Officer Wilson claims that when he tried to open

his car door, Brown shoved the door and then punched him in the face. Brown then reached

inside the car and tried to grab his gun. The officer claims that after this scuffle through the

window, Brown and his friend ran off. He then stepped out of his vehicle and ran after the two.

He says, “Mr. Brown turned around and charged at him, with a hand reaching under his shirt in

the waistband of his trousers” (BBC News). He then says he fired as Mr. Brown was gaining on

him. This is quite different then Johnson’s testimony that stated Brown stopped running and

threw up his arms in a gesture of surrender.

This he said, he said case has become one of the most controversial cases of racial bias

policing. In November 2014, the St. Louis County grand jury and the U.S Department of Justice

decided there was not enough evidence to indict officer Wilson. What happened next was very

similar to what occurred after the Rodney King verdict; the town of Ferguson went up in flames

less than an hour after the court’s decision. This riot lasted all night resulting in destroyed

businesses, buildings left in ashes, melted cars and looted stores. “The St. Louis police arrested

61 people overnight for various charges including arson, unlawful assembly, assult, unlawful

possession of a firearm, burglary, trespassing and more” (Murray).

13

Page 14: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

Following the court decision, the U.S Department of Justice conducted a federal

investigation on the alleged racially bias Ferguson Police Department, and the results were

stunning. The report “revealed a pattern of practice of unlawful conduct within the Ferguson

Police Department that violates the First, Fourth, and Fourteenth Amendments to the United

States Constitution, and federal statutory law.” Over the course of the investigation the

Department of Justice interviewed city officials, the Municipal Judge, the Municipal Court

Clerk, Ferguson’s Finance Director, half of the Ferguson Police Department’s sworn officers,

and others. They spent 100 person-days onsite and participated in ride-alongs with on-duty

officers. The DOJ “reviewed over 35,0000 pages of police records as well as thousands of emails

and other electronic materials provided by the police department.” The DOJ also called on the

assistance of statistical experts to help analyze the FDP’s “data on stops, searches, citations, and

arrests, as well as data collected by the municipal court.” The DOJ interviewed dozens of people

charged with local offenses and they “received third- party studies regarding municipal court

practices in Ferguson and St. Louis County more broadly.” The DOJ sought to include the

community in the investigation by “conducting hundreds of in-person and telephone interviews

of individuals who reside in Ferguson or who have had interactions with the police department

(United States Department of Justice Civil Rights Division, 1).

This investigation revealed that the city’s stress on revenue generation has a weighty

affect on FPD’s approach to law. The enforcement strategies and initiatives, developed by the

FDP are geared towards raising more revenue, rather than protecting the people. This tactic has

caused community distrust because many of the citizens, specifically African Americans, see

their constitutional rights violated almost everyday. Officers stop citizens without reasonable

suspicion, arrest them without probably cause and use unreasonable force. They also “infringe on

14

Page 15: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

resident’s First Amendment rights, interfering with their right to record police activities and

making enforcement decisions based on content on individual’s expression” (United States

Department of Justice Civil Rights Division, 15). The following data proves this unfair policing

in Ferguson and explains the “deep mistrust between parts of the community and the police

department. While also, “undermining law enforcement legitimacy among African Americans in

particular” (United States Department of Justice Civil Rights Division, 2).

The report states, “Ferguson’s approach to law enforcement both reflects and reinforces

racial bias, including stereotyping. The harms of Ferguson’s police and court practices are borne

disproportionately by African Americans, and there is evidence that this is due in part to

intentional discrimination on the basis of race” (United States Department of Justice Civil Rights

Division, 4). The data collected on the Ferguson PD between 2012 and 2014 supports this

statement. The DOJ found African Americans account for 85% or vehicle stops, 90% of

citations, and 93% of arrests made by the FDP officers, while only making up 67% of Ferguson’s

population. The investigators also found that “African Americans are more than twice as likely

as white drivers to be searched during vehicle stops even after controlling for non-race based

variables such as the reason the vehicle stop was initiated, but are found in possession of

contraband 26% less often than a white driver.” This suggests that officers are considering race

when determining whether or not to search. During these two years the FDP “issued four or more

citations to African Americans on 73 occasions, but issued four or more citations to non-African

Americans only twice” (United States Department of Justice Civil Rights Division, 4). With

respect to speeding charges, the evidence reveals that African Americans are represented at

disproportionally higher rates. Also, the “disparate impact of FDP’s enforcement practices on

African Americans is 48% larger when citations are issued not on the basis of radar or laser, but

15

Page 16: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

by some other method, such as the officer’s own visual assessment” (United States Department

of Justice Civil Rights Division, 5).

The disparities also appear in the data collected on the FDP’s use of force. A shocking,

90% of documented force used by the FDP were used against African Americans in Ferguson.

Every canine bite report reveals the person bitten was an African American. Municipal court

practices are also guilty of targeting African Americans. Black citizens are 68% less likely to

have their cases dismissed and African Americans are around 50% more likely to have their

cases lead to an arrest warrant. Other evidence of racial discrimination was found among police

and court staff in Ferguson such as racist emails between police supervisors. This data reveals

that these disparities occur “because of unlawful bias against and stereotypes about African

Americans”. The Department of Justice had also “found no alternative explanation for the

disproportionate impact on African American residents other than implicit and explicit racial

bias” (United States Department of Justice Civil Rights Division, 5).

While the Michael Brown and Eric Garner cases occurred close in time and both question

the intentions of police officers, there is one notable difference between them; the evidence

presented in the Michael Brown case was inconsistent because of a lack of video footage. Also,

the various eyewitnesses recounted contradicting events, making it difficult for the jury to decide

whether or not the gunshots were warranted. For example, some eyewitnesses claimed that

Brown put his hands in the air and surrendered, others claim he did not. The jury did not indict

Wilson due to the inconsistent evidence as well as the evidence that proves Brown and Wilson

struggled over his gun. On the contrary, the video evidence of Eric Garner’s death shows

excessive, as well as illegal force being used by police officers. Eric Garner was unarmed and

16

Page 17: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

showed no real threat to the lives of the police officers. The video shows Garner raising his arms

in surrender and does not show any signs of attempt to flee or threaten the lives of either officer.

Freddie Gray and the Baltimore Riots of 2015

The most recently publicized case of police brutality and racial policing occurred April

12, 2015. Freddy Gray, a 25 year old African American, was arrested in Baltimore city after

making eye contact with police and then running away. The officers claimed he was carrying a

switchblade, an illegal deadly weapon banned by Maryland, which later turned out to be a short-

bladed folding knife, similar to the ones many law-abiding Americans carry (Jonsson). The

altercation was recorded by a bystander and has since been replayed all over the media. The

video reveals Gray yelling in pain and being dragged into the police van with a limp leg. What

happens after is a clear act of police brutality: The police officers made their first stop at Baker

Street, removed Gray from the wagon, shackled him, filled out paper work and then put him

back in the van. The officers placed him on his stomach head first onto the floor of the wagon

without putting him in a seatbelt. Baltimore State Attorney, Marilyn Mosby stated, “following

transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of

being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon” (CBS News).

During the second stop Officer Goodson checked on Gray but did not make any attempt to seek

medical assistance for the arrestee. Similarly, the third time they stopped, Gray asked repeatedly

for a medic but again, officers failed to get him help. Officer Goodson received a request to

assist at a nearby arrest. Once he stopped at the requested location, Sgt. Alicia White, Officer

Goodson and Officer Porter found Gray unresponsive in the back of the wagon. Again, none of

the officers called for medical assistance. About 30 minutes after Gray’s initial arrest, the police

officers arrived at the police station to find that Gray was not breathing. A medic was finally

17

Page 18: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

called and after examining Gray, revealed that he was in cardiac arrest and was critically injured.

His severe injuries to his neck and spine caused Gray to fall into a coma. He died a week later.

The six officers involved in the incident were charged for the death of Gray. They were charged

on accounts of manslaughter, false imprisonment, assault and misconduct.

On April 27, about a week after Gray’s death, Baltimore erupted into civil unrest. Gangs

and rioters set buildings on fire, looted local businesses and injured at least 25 police officers.

Maryland Governor Larry Hogan declared a state of emergency and called in the National

Guard. President Obama condemned the “criminals and thugs who tore up the city” and more

importantly, acknowledged, “there are some police who aren’t doing the right thing” and that

racial disparities within the police force are “not new and we should not pretend it is new”

(Bradner). He stated, "I think there are police departments that have to do some soul-searching. I

think there are some communities that have to do some soul-searching. But I think we as a

country have to do some soul-searching." These bold and honest statements by President Obama

echoed throughout America. It is time to fix this problem.

Solutions

Thorough Record Keeping and Individual Investigations

Whether it is due to the recent Ferguson and Baltimore riots, or to our country’s historical

struggle with racism, African American communities are completely aware or racial policing

within the police force. In a recent Gallop Poll, 2011-2014 data reveal that 59% of whites have a

good amount of confidence in the police, while only 37% of African Americans hold confidence

in police (Newport). This divide explains why there is trouble building agreement on this issue.

“A number of reports highlight that gap as the first step in understanding why problems with race

18

Page 19: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

in policing tenaciously persist” (Newport). The gap must be closed. This issue intensifies

because there is no reliable data on policing on a national level. Without more consistent data, it

will be extremely difficult to find solutions to police brutality and racial bias in policing. The

U.S. Justice Department’s investigation of Ferguson is a superior example of the positive

outcomes that can arise from gathering consistent data and doing a thorough examination of a

police force. While the Ferguson report was a good first step in solving issues of unjust policing,

it is just one of the thousands of communities affected by the issue. The Ferguson report and the

President’s Task Force report recommend that law enforcement agencies nationwide collect

more data on police-involved deaths and use-of-force incidents. A recent Bureau of Justice report

revealed that only about 50% of police-involved deaths are reported on an annual basis

(Morales). 50% is not enough to end this problem. If these incidents are not reported and

analyzed, how will our society ever make progress? It will not and the number of brutality and

bias policing incidents will continue to grow. Police officers must be accounted for their actions.

And simply put, the cases discussed above are just a few of the police brutality cases that occur

everyday. If we want to restore the relationship between communities, particularly African

Americans, and the police force, police officers must honestly and comprehensively report their

actions. More consistent data and thorough investigations of individual state and local law

enforcement agencies are crucial and must be done to solve this enduring problem.

Body Cameras

Another solution to this problem would be to require all police officers to wear body

cameras. This idea has been suggested in a few cities due to recent police brutality incidents but

has yet to become made a national requirement. If all state and local police officers wore body

cameras, officers would be much more inclined to act fairly and in accordance with the law. This

19

Page 20: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

would help agencies determine where police officers are going wrong and what they can do to

improve. It will encourage police officers to treat each citizen fairly by ignoring the color of their

skin and to use excessive force only and if their lives are being seriously threatened. Also, body

cameras would be a great source to collect reliable data. In cases such as the Michael Brown

case, eyewitnesses told very different versions of the story and the case lacked reliable evidence.

A body camera is the perfect solution to this problem. If a case similar to Michael Brown were to

occur, the court system would be able to confidently and accurately deliver justice. Although, it

may be costly for all police officers to wear one of these, the benefits definitely outweigh the

costs.

Eliminating Implicit Bias

Implicit bias is one of the main causes of racial bias policing. Implicit bias is the attitude

and stereotypes that determine our judgments and behaviors below our conscious awareness. The

implicit bias held by police officers can affect the ways in which they police and make life-

threatening decisions. Phillip Goff, a renowned UCLA psychologist, performed a study on how

implicit bias affects policing and found that “upwards of 90% of our actions are determine by

implicit beliefs, not explicit ones” (Dianis). He also revealed that everyone he tested associated

blacks with more negative traits than whites. Even though police officers may not hold

consciously non-prejudiced attitudes, they may exist in their implicit bias, causing them to

unconsciously target African Americans. In order to solve this issue, and prevent implicit bias

from interrupting the duties of police officers, every police department should undergo rigorous

training programs to change the way officers think and undo the implicit associations that

officers have developed throughout their lifetimes. Programs such as The Fair and Impartial

Program are in existence, but is involved in only select police departments. If this type of intense

20

Page 21: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

training and curriculum were to be offered to every police officer, the police force will have

better relationships with their communities and will be able to police free of any implicit bias.

This will not only help police be better at their jobs but it will restore citizens’ trust in the police

force.

In conclusion, it is obvious that the problem of bias policing and police brutality is not

going to be solved tomorrow. Our country faces decades of history of discrimination, racial

profiling and the use of excessive force, particularly on African Americans. While we have made

progress, our society still suffers from institutionalized racism. This is seen through the decisions

that some of our nations police officers make and will continue to be a problem unless we begin

taking serious action. That being said, I would like to recognize and thank police officers all

across the country who put their lives in danger everyday. While this report mostly points out the

things police officers do wrong, there are millions of officers who wake up every morning and

risk their lives in order to protect our communities. It should be our goal as a nation to make sure

these intentions are instilled in every single one of our U.S. police officers.

21

Page 22: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

References

Correll, Joshua, et al. "Across the Thin Blue Line: Police Officers and Racial Bias in the Decision to Shoot." Journal of personality and social psychology 92.6 (2007): 1006. ProQuest. Web. 6 May 2015.

Dianis, Judith Browne. "What Really Killed Eric Garner Was More than Just a Chokehold." Msnbc.com. NBC News Digital, 05 Aug. 2014. Web. 07 May 2015. <http://www.msnbc.com/msnbc/what-killed-eric-garner>.

"Ferguson Unrest: From Shooting to Nationwide Protests - BBC News." BBC News. N.p., n.d. Web. 06 May 2015.

Gelman, Andrew, Jeffrey Fagan, and Alex Kiss. "An Analysis of the New York City Police Department's “Stop-and-Frisk” Policy in the Context of Claims of Racial Bias." Journal

of the American Statistical Association 102.479 (2007): 813-23. Web.

Gray, Madison. "The L.A. Riots: 15 Years After Rodney King." Time. Time Inc., 27 Apr. 2007. Web. 06 May 2015.

Hodak, George. "King Verdict Ignites LA Riots." ABA Journal 04 2010: 72. ProQuest. Web. 6 May 2015 .

Jonsson, Patrik. "Freddie Gray Death: Should it really be Illegal to Carry a Knife in the City?" The Christian Science MonitorApr 22 2015. ProQuest. Web. 6 May 2015.

Lindner, Doug. "An Account of the Los Angeles Police Officers' Trials(The Rodney King Beating Case)." An Account of the Los Angeles Police Officers' Trials(The Rodney King Beating Case). N.p., n.d. Web. 06 May 2015.

Mathias, Christopher. "Stop-And-Frisk Appeal Dropped By Mayor De Blasio."The Huffington Post. TheHuffingtonPost.com, 30 Jan. 2014. Web. 06 May 2015.

Murray, Rheana. "A Look at the Destruction After Ferguson Riots." ABC News. ABC News Network, n.d. Web. 06 May 2015.

Newport, Frank. "Gallup Review: Black and White Attitudes Toward Police Criminal JusticeSystem Viewed Skeptically by Blacks." N.p., n.d. Web. 3 May 2015. <http%3A%2F%2Fwww.gallup.com%2Fpoll%2F175088%2Fgallup-review-black-white-attitudes-toward-police.aspx>.

22

Page 23: stakeholder13.files.wordpress.com€¦  · Web viewRacially Biased Policing and Police Brutality in the United States Police Force. Prepared for: International Association of Chiefs

The President's Task Force on 21st Century Policing. Rep. Http://www.cops.usdoj.gov/pdf/taskforce/Interim_TF_Report.pdf, Mar. 2015. Web.

Semuels, Alana. "LA Times." LA Times. N.p., n.d. Web. 06 May 2015.

"Stop and Frisk." TheFreeDictionary.com. N.p., n.d. Web. 06 May 2015.

"The Rodney King Case: Inadmissable Evidence." The Economist Feb 06 1993: 26. ProQuest. Web. 6 May 2015 .

Weiser, Benjamin. "A Criminal Civil Rights Case May Be Difficult to Prove." The New York Times. The New York Times, 04 Dec. 2014. Web. 06 May 2015. <http://www.nytimes.com/2014/12/05/nyregion/federal-investigation-into-eric-garners-death-may-be-difficult-to-prove-legal-experts-say.html?_r=0>.

"Arrest to Death: What Happened to Freddie Gray." CBSNews. CBS Interactive, n.d. Web. 06 May 2015.

Investigation of the Ferguson Police Department. N.p.: n.p., n.d. United States Department of Justice Civil Rights Division, 5 Mar. 2015. Web. <http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf>.

"Obama: 'No Excuse' for Violence in Baltimore - CNNPolitics.com." CNN. Cable News Network, n.d. Web. 06 May 2015.

23