Difference between revisions of "Policing"

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== [[File:notification.png | left | 50px | Updates | link= ]] Recent Updates==
 
== [[File:notification.png | left | 50px | Updates | link= ]] Recent Updates==
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* 7/16/17 More than a dozen police unions are preparing to call on the federal government for more funding for responding to people with mental health issues including training, de-escalation and teaming up with mental health professionals. The proposal, “Compassionate and Accountable Responses for Everyone,” will be formally unveiled at a news conference Thursday morning in New York. [http://www.mercurynews.com/2017/07/12/san-jose-police-union-joins-national-push-to-boost-mental-illness-response/]
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* 6/26/2017: The Supreme Court protects privacy of cell phone users with decision requiring warrants before searches. [https://www.nytimes.com/2014/06/26/us/supreme-court-cellphones-search-privacy.html]
 
* 6/19/2017: National traffic stop data confirms disparities in routine traffic stops. "Stanford researchers found that black and Hispanic drivers were more likely than white drivers to be cited, searched, and arrested after being stopped." [http://news.stanford.edu/2017/06/19/database-reveals-disparities-officers-treatment-minority-motorists/]  
 
* 6/19/2017: National traffic stop data confirms disparities in routine traffic stops. "Stanford researchers found that black and Hispanic drivers were more likely than white drivers to be cited, searched, and arrested after being stopped." [http://news.stanford.edu/2017/06/19/database-reveals-disparities-officers-treatment-minority-motorists/]  
* 6/5/2017: The Supreme Court will decide whether searches using cell phone locations will require a warrant.
 
  
 
== [[File:activelegislation.png | left | 50px | Actions Taken by the Federal Government | link= ]] Laws Proposed by Congress==
 
== [[File:activelegislation.png | left | 50px | Actions Taken by the Federal Government | link= ]] Laws Proposed by Congress==

Revision as of 16:20, 16 July 2017

This is a collaborative knowledge base; feel free to propose edits/additions that you believe are important for others to know. Contributions will be reviewed and approved based on quality and accuracy.

How You Can Resist
How You Can Resist

Updates
Recent Updates

  • 7/16/17 More than a dozen police unions are preparing to call on the federal government for more funding for responding to people with mental health issues including training, de-escalation and teaming up with mental health professionals. The proposal, “Compassionate and Accountable Responses for Everyone,” will be formally unveiled at a news conference Thursday morning in New York. [1]
  • 6/26/2017: The Supreme Court protects privacy of cell phone users with decision requiring warrants before searches. [2]
  • 6/19/2017: National traffic stop data confirms disparities in routine traffic stops. "Stanford researchers found that black and Hispanic drivers were more likely than white drivers to be cited, searched, and arrested after being stopped." [3]

Actions Taken by the Federal Government
Laws Proposed by Congress

Legislative Actions

Legislation that Supports Equity and Justice

  • Email Privacy Act (HR 387) helps protect our privacy by requiring law enforcement to obtain a warrant before they can access customer email communications or cloud-based storage. Previously, emails older than 180 days could be obtained with just a subpoena.[4]
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Harmful Legislation



  • The Concealed Carry Reciprocity Act of 2017 (HR 38) would allow anyone permitted to carry a concealed firearm in their home state to do so within the borders of any other state that has concealed carry permits, even if the permit requirements are different. The bill also exempts these carriers from the federal ban prohibiting guns in schools.
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See also the State and Local Pages for state-by-state legislative tracking.

Protest Laws

Since the election, several bills have been introduced that would discourage organizers from using their rights to free speech and public assembly. These rights are stated in the Declaration of Human Rights and the First Amendment of the United States Constitution. The Trump Administration has voiced disdain for several protests, often calling them illegal or staged. Following this lead, some state lawmakers have introduced harmful legislation at state levels. So far in 2017, the following 18 states have introduced or voted on laws that make protesters face harsher consequences:
Antiprotests.png

See an updated (as of 6/23/17) Protest Law map here. Go to OurStates.org to view the bills currently being considered in your state.

Limiting Investigations of Police Departments

Under President Obama, the Department of Justice (DOJ) made police reform a priority. The DOJ issued consent decrees (agreements with police departments that lay out reforms to address problems). Under President Trump, Attorney General Jeff Sessions has opposed these agreements. The Civil Rights Division of the DOJ is the branch that investigates when police violate citizen’s rights. Because of this, they are a likely target for Sessions as he works to limit the DOJ’s involvement in police department Civil Rights suits. collecting data

Consent Decrees

A consent decree is an agreement to settle a dispute. For criminal issues a consent decree is made without admission of guilt. For civil cases a consent decree is made without any monetary obligation.

Consent decrees have been signed by many cities. They are agreements to work with the Justice Department’s civil rights division on police reform. They address unconstitutional police practices and reforms to correct them after extensive fact-finding and research by the Justice Department.

Out of court agreements are similar to decrees, but cities are responsible for reforms without federal oversight.

Police unions endorsed Trump, have supported the nomination of Sessions for Attorney General, and have lobbied congress in the past for pro-police policies. During the Obama administration, the Civil Rights Division began investigations and initiated consent decrees and agreements to reform policing. [5]. On April 3, Attorney General Sessions issued a memo ordering the Justice Department to review all consent decrees to ensure pro-policing principles.

See the state pages for current decrees and agreements in your state.

Gun Violence Prevention

President Trump and Attorney General Jeff Sessions are both supporters of Project Exile. Project Exile is a collaboration between law enforcement and federal prosecutors to bring gun-crime cases to federal court in order to impose longer sentences. It has been criticized for its unfair impact on black communities. During his campaign, Trump suggested that it should be expanded. [6][7] [8] Rather than target gun violence in white communities (largely consisting of domestic violence, mass shootings, and shootings by legal gun owners), Trump has proposed to address gun violence by focusing on "gang members" and "drug dealers" in “cities like Baltimore and Chicago.” [9] Project Exile and similar programs have disproportionately impacted black people. These policies put black defendants on trial in front of juries chosen from a federal jury pool, which is less likely to include black jurors. They result in longer sentences for those convicted, with these sentences served in federal prisons farther away from their families. [10]

Cooperation with ICE

Trump has threatened to cut federal funding from cities that do not cooperate with ICE agents as detailed in Executive Order 13768. [11] In April 2017, the administration announced that they would not be publishing a list of cities and counties that failed to comply with the ICE agents, as previously promised. This change is largely due to the confusion created by misleading information. ICE will suspend these efforts until they can refine their research methodologies.[12]

292 constitutional law, immigration law, administrative law, and international law professors and scholars have concluded that this threat is unconstitutional.

Sanctuary cities have been found to experience significantly lower rates of all types of crime, including lower homicide rates, than comparable non-sanctuary counties. [13] It is unclear if the limits on federal funding will be enough to change state/local policy. This is especially true when considering the impact of helping federal immigration authorities identify and deport undocumented immigrants on state and local economies.[14]

School-to-Prison Pipeline

The school-to-prison pipeline refers to the "disturbing national trend" where children are pushed from schools "into the juvenile and criminal justice systems." [15] This trend has been shown to criminalize student behavior and result in harsh punishments, including prosecuting youth in the adult criminal justice system.

Policing in Schools

The Office of Community Oriented Policing Services (COPS), within the Department of Justice, was created after the 1994 Violent Crime Control and Law Enforcement Act was passed. COPS oversees funds used to address crime and disorder in schools through a partnership between schools and law enforcement.

Police officers are assigned to schools, where they are often called school resource officers (SROs). SROs do not receive standardized training from state to state, but are often given the role of counselor, mentor, and educator. In 2013, SROs received nearly four times as much funding as school counselors. [16][17]

SROs can handcuff students, use physical force, suspend students, arrest them, and bring them into the criminal justice system. SROs are often guided by “zero-tolerance policies” that penalize students harshly for behavior that is not usually seen as criminal (or is only a minor offense), no matter the circumstances.

Racial Disparities

In 2014 the U.S. Department of Education and the U.S. Department of Justice produced guidance for enforcing student discipline without discrimination based on race. They based their recommendations on the U.S. Department of Education's Civil Rights Data Collection (CRDC).

CRDC data showed that African-American students without disabilities are more than three times as likely as their white peers without disabilities to be expelled or suspended. Although African-Americans are only 15% of students, they are 35% of those suspended once, 44% of those suspended more than once, and 36% of students expelled. Over 50% of students arrested or referred to law enforcement were Latin-American or African-American. In addition, African-American students are more likely to attend schools that are policed, and remain more likely to be arrested at school. Recently, ACLU research has found that putting police in schools results in criminalizing youth of color. More information can be found in the ACLU report "Bullies in Blue—The Origins and Consequences of School Policing."

Policing and Racial Disparities: Data Sources and Summaries

This is a list of data sources about policing. The list includes data that are 1) collected nationally or from multiple states and 2) include the race of the person who encountered the police.

Killed by Police

Mapping Police Violence. The data are collected from all available data sources (described below). Additional details are collected through searches of social media, obituaries, criminal records databases, police reports and other sources. The race of 91% of the victims is known. The data researchers state that the data is close to 100% of the total number of police killings that have occurred since 2013. More about the data.

Data Summaries
Key Findings
  • Nearly 1 in 3 black people killed by police in 2015 were identified as unarmed.
  • 37% of unarmed people killed by police in 2015 were black. (Black people represent 13% of the population.)
  • Unarmed black people were 5 times more likely to be killed than unarmed white people in 2015.

Fatal Force—The Washington Post. Journalists and researchers collected data from official and unofficial sources. More about the data. The race of 93% of the victims is known for 2016. The data can be downloaded.

Data Summaries
Key Findings
  • Black people were more likely to be shot after routine traffic stops than any other group.
  • Black people, 13% of U.S. population, were 25% of all people killed by police as of June 2017.
  • Mental illness played a role in a quarter of incidents.
  • In 2015, 55 of the police officers who killed someone had previously been involved in a deadly incident while on duty.

The Counted: People killed by police in the United States. The data are collected by journalists. More about the data.

Data Summaries
Key Findings
  • Black males aged 15-34 were nine times more likely than other Americans to be killed by police.

Fatal Encounters. The data are collected from public documents and crowdsourced from reports. The data collection starts in January 2000. The data is downloadable. More about the Data.

Data Summaries
Key findings

U.S. Police Police Shootings Database. A crowdsourced collection of incidents of police shootings that have been posted on Twitter. The majority of data records do not have race identified.

Data Summaries
Key Findings

Killed by Police.net. The data are compiled from news reports of people killed by police since May 1, 2013. No additional information about the data.

Data Summaries

Arrest-related deaths—Bureau of Justice Statistics. The data are from an annual national census of people who died during arrest or while in custody. About the data. How to use the data.

Data Summaries
Key Findings
  • The tables do not contain current data. The tables that include counts by race are titled "by selected characteristics."

Expanded Homicide Data—Federal Bureau of Investigation. The data are collected voluntarily from police reports, and many law enforcement agencies do not participate. The FBI’s annual number of “justifiable homicides” by police is voluntary, and police are not required to submit details of fatal incidents.

Traffic Stops

The Stanford Open Policing Project. The data includes vehicle and pedestrian stops by police and are collected from police agencies. The data can be downloaded. Tutorials about the data are here. More about the data and a minute video about the data.

Data Summaries:
Key Findings
  • Black and Hispanic drivers are 20% more likely to be ticketed, searched, and arrested than white drivers (even after accounting for age, gender, and location).
  • Black drivers are 20% more likely and Hispanic drivers are 30% more likely to be ticketed compared to white drivers when pulled over for speeding
  • Black and Hispanic motorists are about twice as likely to be searched than white drivers.

Arrests

National Justice Database—The Center for Policing Equity. The data comes from tracking national statistics on police behavior, including stops and use of force. It is standardized with a sample of volunteering police departments. More about the Data, Data details and report on how to use the data, and Data Overview.

Data Summaries
Key Findings
  • Blacks on average were arrested 2.5 times higher than the overall arrests.
  • Blacks were 3.6 times more likely to be arrested compared to Whites.
  • Racial disparities for violent arrests were found in 5 of 12 (42%) departments.
  • Racial disparities with use of force by police was not explained by different rates of crime by race.


Other data on a variety of policing topics

Police Data Initiative—Police Foundation and Department of Justice Office of Community Oriented Policing Services. The data comes from law enforcement agencies, technologists, and researchers with an agenda to improve public safety. About the Data and Data FAQ. No data summaries are available.


Recent Updates

Vulnerabilities in Their Strategy
Vulnerabilities in Their Strategy

  • Much of Trump's policing agenda can be enacted through executive/administrative action without needing Congress to pass new legislation. However, these impact of these actions will be limited by the fact that the vast majority of policing is governed at the state and local levels. Most police violence is committed by state and local law enforcement, as well. For example, 98% of people killed by police are killed by state and local law enforcement officers.[18] Nearly 200 local law enforcement leaders have declared their opposition to Trump's "law and order" agenda,[19] and many cities have declared themselves "Sanctuary Cities" and refused to cooperate on Trump's deportation agenda.
  • While Attorney General Jeff Sessions has said that he won't intervene to hold police departments and individual officers accountable for civil rights violations,[20] states can pass laws (see California) to authorize their state attorney general to conduct investigations and enforce these violations. Similarly, cities and states have the power to make necessary policy changes to restrict police use of force, oversight, and militarization in the absence of federal intervention.