Posts Tagged ‘police reform’

New York City will have a new mayor in 2014.  In my article “Ten Steps Bill de Blasio and Bill Bratton Should Take to Fix Stop-and-Frisk,” published in The Nation, I offer a way forward for Mr. de Blasio to start repairing the damage done by the Bloomberg-era policing of the last 12 years.

New York, and indeed the entire country, is waiting to see what the newly sworn-in Bill de Blasio will do the first week of January to fulfill his promise to reform stop-and-frisk.  His first step should be to drop the appeal of Floyd v. City of New York, a move he promised to make many times on the campaign trail….Once the stop-and-frisk appeal is dropped, here are the top ten steps de Blasio and Bratton should take as part of the Floyd remedies process to move forward with stop-and-frisk reform and end racial profiling.

Among the steps I recommend: allowing community stakeholders to be part of the reform process; setting up an independent monitor, and creation of an early warning system.  Many of what you’ll read echo what is in the court’s opinion setting out the remedies for the violations the evidence proved.

To get at least some sense of what Bratton’s approach may be, take a look at this article from the Wall Street Journal on December 20. Perhaps “collaborative policing” — Bratton’s most-frequently-used phrase so far — will include allowing stakeholder participation in the fashioning of reforms; it is too early to tell at this point.

In mid October, police in New York City announced that they had solved the mystery of the “Baby Hope” case:  at last, they had the killer of a four-year-old child whose body had been found in 1991, 22 years ago.  And the accused killer, Conrado Juarez, had confessed.

Days later, Juarez  recanted the key part of his confession.  He said that under intense pressure by police during a long interrogation, he had lied:  he had not killed the child.  He had only helped his sister dispose of the body at her request.  He said that he had lied about killing the little girl because  “after a while and after so much pressure [from police], I accepted it and said what they wanted,”

The accused may have been telling the truth when he said he killed the victim, or when he said that he actually didn’t.  I certainly don’t know the answer to that.  But one thing that would help to resolve the question would be a video and audio recording of the entire interrogation, from start to finish.  A judge or jury could then look at the entire thing and decide whether the accused was coerced or not.  And over a year ago, NYPD Commissioner Ray Kelly announced that, after a long pilot project, the NYPD would begin recording all interrogations in homicide, felony assault, and sexual assault cases.

But in this case, that was not done.  Instead, a recording of only the confession itself — a statement of guilt by Juarez at the end of the process — was made.  No recording was made of the questioning that lead up to it.  So we have no record of how police got to the point of getting the admission of guilt.  And that leaves the confession in dispute: the accused will argue that he was coerced, and the police will say they did nothing to coerce him.  But there will be no recording for a judge or jury to see.

Why did this happen?  According to the NYPD spokesman quoted in media reports, “only 28 detective squads — there are more than 76 across the city — have an interview room set up with recording equipment.”  The interrogation did not take place in one of those 28 squads.  Getting the equipment into all of those police facilities just takes time, and so far, the Department remains a long way from completely implementing Commissioner Kelly’s order.  (It is worth noting that the detectives in the Baby Hope case did not take the suspect to one of the buildings that already has the equipment  necessary to record.)

Or maybe it’s something else else.  According to Michael Palladino, the head of the NYPD’s detectives union, it’s better if interrogations don’t get recorded.  “There are certain tricks of the trade, I should say, that I think should not play out in front of the jury.”   But the cost of hiding these “tricks” is that we now have uncertainty in the Baby Hope case.  And, after so many cases of wrongful convictions including false confessions — they show up in 25 percent of all DNA-based exonerations — there is a loss of public confidence.

Here’s hoping that things move faster as the NYPD transitions to the recording of confessions.  Assuming that they have the real killer of Baby Hope, we all want the guy off the street.  We don’t need uncertainty introduced because there’s resistance to recording.

In my last post, I described the increasing interest in the use of body worn video (BWV) camera systems by police.  These systems have been in use for more than five years in the UK, where pilot studies (cited in my article in the Texas Tech Law Review) have largely approved of them; police officers in the U.K. who have used BWV have become its biggest supporters.

Now, we have the first rigorous study of the use of BWV in a U.S. police department.  In Rialto, California, Police Chief Tony Farrar became interested in the potential of BWV, and decided he wanted not just to have his officers try them, but to accurately measure their impact.  Rialto has a department of 60 sworn officers.  Farrar teamed with researcher Dr. Barak Ariel of Cambridge University, and the result is “Self-Awareness to Being Watched and Socially Desirable Behavior: A Field Experiment on the Use of Body-Worn Cameras on Police Use-of-Force.”  The bottom line of the study: on police shifts using in which officers used BWV, police use of force dropped 50 percent compared to shifts with no cameras; complaints against police were ten times higher on shifts without BWV compared to shifts using them.  According to a short description from the web site of the Police Foundation, where Chief Farrar is an Executive Fellow, the “extensive yearlong study” was a randomized controlled trial of “body-worn video cameras used in police patrol practices.”

Cameras were deployed to all patrol officers in the Rialto (CA) Police Department.  Every police patrol shift during the 12-month period was assigned to experimental or control conditions.  Wearing cameras was associated with dramatic reductions in use-of-force and complaints against officers.

It’s true of course that the Rialto Police Department is small compared to the NYPD, where the judge deciding the stop and frisk case has ordered that the police begin to use the cameras in some areas of New York City.  But that does not mean that BWV could not work in New York, and it certainly does not mean it is not worth trying the systems.  Perhaps more important, far more American police departments are closer in size to Rialto’s force than to New York.

The study is worth a good long look for anyone interested in the safety of police and the public, in improved police services, in protection of officers from bogus complaints, and in police accountability.  At the very least, it tells us that BWV should not be dismissed out of hand; it needs to be tried.

You’ll probably recall that the judge’s opinion in the recent stop and frisk case in New York mandates that the New York Police Department (NYPD) launch pilot programs testing body worn video (BWV) cameras in some NYPD precincts, including some of those with the largest numbers of stops and frisks.  (Here’s a link to that part of the opinion.) Mayor Michael Bloomberg decried this aspect of the judge’s order (along with the rest of it) — an odd position for a public official who has always been a very strong advocate of more cameras for public safety (see here and here).

In the weeks since, interest in BWV systems has increased greatly, even outside of the U.S.  For example,  the German television network, ARD (described to me by a person who has lived in Germany as “a German PBS, but about the size of CBS or NBC”), brought me to New York last week to interview me after finding my 2010 article on BWV, “Picture This: Body Worn Video Devices (“Head Cams”) as Tools for Ensuring Fourth Amendment Compliance by Police” in the Texas Tech Law Review.   The interview (conducted in English, since I don’t speak German) was quite thorough; I was then shown various publicly available videos of police/citizen encounters — some taken with BWV, others taken by members of the public — and asked for my reaction.  The correspondent and the producers explained that they had brought in law enforcement experts to interview, too.  The story has not yet aired, but I will post a link to it when it does (for those who speak German).   Stay tuned.

And there is more effort to get at the real evidence of how BWV systems perform: what they do for the police, for police accountability, and for the criminal justice system.  Two weeks ago, the Police Executives Research Forum (PERF), a nonprofit, nonpartisan organization that describes itself as  “a police research organization and a provider of management services, technical assistance, and executive-level education to support law enforcement agencies,” hosted a conference for law enforcement on BWV to explore the issues it raises for police.  Here’s a link to one of the conference documents.

And then, something very useful.  There have been various pilot studies already conducted by police and the Home Office in the U.K.; my Texas Tech article contains links to this research.  But now, an American police department that has tried BWV has been the subject of a comprehensive, rigorous study.  It’s a very promising and positive look at the potential of BWV.  I’ll explain in my next post on the subject.

In Illinois, the governor has signed legislation expanding the requirement that police record interrogations.  According to an article in the Chicago Tribune, the new law will require police to record interrogations in cases involving “any of eight violent felonies, including aggravated criminal sexual assault, aggravated battery with a gun and armed robbery.”

In 2003, after a spate of wrongful conviction in Chicago cases based on false confessions, Illinois enacted a law requiring that police must record all interrogations in homicide cases.  (This article reports on the passage of the earlier law.)  The law signed this year originally proposed extending the recording requirement to all cases, but it was watered down in response to opposition from prosecutors and police.

The law in Illinois on recording has what one could call an enforcement provision: no recording means (usually) the statement can’t be used.

…[A]n oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissable as evidence against the accused, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered…

With ten years of experience with the 2003 law, it is significant that further reforms were considered both needed and acceptable (at least at some level — law enforcement did not accept the need to record all interrogations).

Attorney Peter Neufeld, one of the founder of the Innocence Project, famously called Chicago the Cooperstown of false confessions.  (See his comments in a 60 Minutes interview here.)  Perhaps these continuing reforms can change Chicago’s reputation — at least a little bit.

 

On August 19, the New York Times published an op-ed piece on the stop and frisk case by John Timoney, former first deputy commissioner of the NYPD and former chief of police in Philadelphia and Miami.  Mr. Timoney is a respected figure in American policing; his article, “The Real Costs of Policing the Police,” was a direct shot at Judge Scheindlin’s decision that the NYPD must change how it conducts stops and frisks.  I won’t characterize or excerpt Mr. Timoney’s piece; it’s short and speaks for itself.  I urge you to go to the link and read it.  But it deserves a reply: Mr. Timoney gets important things wrong, and fails to reckon with costs he prefers to ignore.

Judge Sheindlin did not find that “the benefits of ending what she considers to be unconstitutional stops would far outweigh any administrative hardships.”  In fact, Sheindlin made sure she stuck to the one job a court has in such a case: assessing whether or not it is constitutional.   She explicitly, and properly, declined to weigh the costs and benefits of the program.   

Second, Mr. Timoney encourages skepticism of the court’s order to begin pilot programs using body-worn video (BWV), based on the reality show “Cops.” But instead of phony TV, examine the comprehensive field studies of BWV done in Britain.  Officers using BWV found it extremely beneficial for recording evidence, creating records, more rapidly resolving cases, reducing public order offenses, and promoting successful prosecution of domestic violence offenses.  The cameras also, of course, facilitated greater police accountability in the bargain. (My law review article on BWV in the Texas Tech Law Review can be downloaded here.)

Third, Mr. Timoney says that the problem would solve itself without court intervention.  Stops have come down considerably in recent months; officers “have gotten the message.” Maybe some have.  But the statements of the NYPD leadership both during and after the trial strongly supporting the program as it has operated over the past six years shows those leaders want the program maintained, not reformed.

Most importantly, Mr. Timoney bemoans the costs of implementing Judge Sheindlin’s orders, and those costs will be considerable.  But he fails to acknowledge the costs to the many New Yorkers over the years who were stopped, questioned and frisked without reasonable suspicion.  Apparently, Mr. Timoney believes that if the Police Department or the city don’t pay a cost, it doesn’t count.  The judge’s decision makes clear that this simply isn’t true: a huge cost has been paid all along.

 

The federal court decision in Floyd v. New York on August 12 that found the NYPD’s stop and frisk program unconstitutional has generated a huge amount of commentary.  I did posts here last week on what the decision really says, and the remedies the judge has required.  Today I’m going to talk about the likely national impact of the case.

First, an important preliminary question: will the case have a national impact?  Isn’t it just about the NYPD’s tactics?  Yes, the case is only about what the NYPD has done with stop and frisk, and it was tried in New York, before a federal judge with jurisdiction only in New York.  Therefore, it only has an impact on the NYPD, and the opinion only serves as precedent in New York.  But while that is the correct legal answer, I believe there is more to it.

To put it simply, the importance of the NYPD reaches far beyond New York.  Just think of all of the television programs, the movies, and the books  set in New York involving the NYPD: on TV, everything from NYPD Blue to Law and Order, to CSI; NY to Blue Bloods; the 87th Precinct novels, by Ed McBain; on the big screen, The Naked City, The French Connection, Serpico, and Brooklyn’s Finest.   The central cultural importance of the NYPD, alone, gives it an outsized place in the American imagination.

More importantly, the last twenty years have seen a burst of initiative and change in American policing, and much of that energy has come from the NYPD.  The changes in the NYPD with the advent of William Bratton’s time as Commissioner (for a little less than two years, beginning in 1994) brought innovations like Compstat, which focused precinct-level leadership relentlessly on results and outcomes, not on inputs, and held leaders accountable.  Compstat and many other NYPD innovations — and the basic idea that policing could actually make some difference in the fight against crime — have been widely imitated across the country, in small and large police departments alike.  Anything the NYPD does, successfully or not, is examined and either followed or rejected, as the fact warrant.  As an example, take a look at this story from Detroit: the police in that city have been receiving stop and frisk training to improve their crime fighting abilities from the very people who brought intensive stop and frisk tactics to New York.  Thus the court’s decision, declaring that intensive use of stop and frisk, without an adequate legal basis and with a disparate impact on people of color, will be read and contemplated by police departments everywhere in the U.S.  It will influence the course of policing, without a doubt, for better or for worse.

Last, the debate over the meaning of the court’s decision is well underway, and it will be a very public struggle over not just the court order, but the direction of American policing overall.  Witness an article by John Timoney, a former first deputy Police Commissioner in New York, and former chief of police in Philadelphia and Miami.  Mr. Timoney says the court’s order will involve costly and unnecessary changes, and is probably all for nothing: the problem is on the way to fixing itself.  (I disagree, and will have more to say about this in my next post.)  Heather Mac Donald of the Manhattan Institute says that the judge got the decision wrong altogether, by relying on the wrong statistical comparisons.  This type of argument will go on for a while, and  every law enforcement agency of any consequence in the U.S. will be watching and listening.

So the decision will have – in fact it is already having — a national impact.  Expect it to be a starting place on discussions of stop and frisk for a very long time.