Walking Back on Stop and Frisk

Chaka Fattah and Mike Nutter both have as a component of their crime plan so-called "stop and frisk" techniques to go after gun crimes. Jennifer and I (OK, probably mostly Jennifer) are going to try and start looking a little more seriously at these policies over the course of the Mayor's race.

But, let's just start with a basic premise: First of all, let's assume it is legal. We may get into the Constitutionality of all of this, but let's assume the City designs it in a way to alleviate those concerns.

Here is the scenario I would like to ask everyone about:

Assumption 1: Stop and Frisk will be biased against African-Americans. In 1999, Eliot Spitzer conducted a study of NY's stop and frisk policies. Not only did they find that the NYPD was stopping African-Americans at a rate higher than explained by crime rates, but that New York's Street Crimes Unit (SCU), which was tasked with using stop and frisk to get guns off of the streets (sound familiar?), stopped African-Americans at an even higher rate than the general discriminatory levels:

The rate at which the SCU "stopped" minorities for such suspected offenses, however, is higher than the rate at which the NYPD as a whole "stopped" minorities for the same offenses. While the NYPD as a whole "stopped" blacks roughly 2.4 times as often as whites on suspected weapons charges,41 the SCU "stopped" blacks between 2.8 and 2.9 times as often, even after controlling for race-specific crime rates.42 The SCU's "stop" rate for Hispanics is roughly 2.2 times that of whites, compared with a citywide average of 2.0.

And, in fact, it got even better with the SCU. Not only were they stopping more African-Americans, they were stopping innocent African-Americans at a much greater rate than innocent whites:

As shown on Table I.B.1., however, when the "stop"/arrest rate is broken down by race, a trend that cannot be explained solely by the SCU's mission emerges: the SCU "stopped" 16.3 blacks per arrest and 14.5 Hispanics per arrest, but only 9.6 whites per arrest. Thus, the SCU "stopped" more minorities (especially blacks) per arrest than whites. The rate of this disparity for the SCU is greater than the citywide average or at the precinct level. As discussed above, generally speaking, minorities were "stopped" at a somewhat higher rate per arrest than whites. This trend spikes up even further when viewing "stops" by the SCU.

The NYPD was ordered to start better collecting their data, and, of course, to stop racially profiling. Yet, despite an aggressive, progressive Attorney General, and Bloomberg being kinder and gentler than Guiliani, the NYPD refused to release data on stops for years, not doing so until just last month. And, although no new analysis has been done about racial profiling, what is clear is the number of stop and frisks in NYC has skyrocketed:

The New York Police Department released new information yesterday showing that police officers stopped 508,540 individuals on New York City streets last year -- an average of 1,393 stops per day -- often searching them for illegal weapons. The number was up from 97,296 in 2002...

My point is this, there is a very good chance that there will be prejudice in the system, whether you like it or not. We might have a policy advisory commission, but the NYPD had Eliot Freaking Spitzer watching them, and they still hid data for years and are probably still discriminating.

So, that is point one.

Assumption Two: the vast majority of people stopped using stop and frisk will be 100 percent innocent.

Look back at the NYC data above. One in 16 African-Americans stopped by the SCU were arrested- a rate of less than 6 percent. And that is just arrests; the conviction rate will be much, much lower. So, if you define success in terms of cops successfully stopping those with illegal weapons, and not stopping those without, NYC provides a staggering example of a class of people stopped when they did nothing wrong, and because of their skin color. I don't know about you, but one out 16 people seems pretty darn worrisome to me.

I know, of course, that "success" might instead be defined as lowering gun violence, and I am fine talking about that. And we will examine those numbers soon.

But, I am asking you to stipulate that 1)A stop and frisk program will be discriminatory, and 2)it will stop vastly more innocent people than guilty ones. Let's assume in this post that our experience will be similar to NYC.

Assuming these things, are you OK with the Nutter/Fattah stop and frisk policies?

A question for you, Dan

Given that there is a discriminatory aspect to how these programs were implemented in NY, and by extention, are likely to be implemented in Philly - do you think that in some form, the citizens need to be asked to weigh in on whether this kind of program should be implemented?

What if the information you've provided is widely known, and still such programs are popular?

I fully acknowledge that

I fully acknowledge that things might be so desperate that people will be OK with it, even if they do know. I am not really OK with it given that, but I don't live in a neighborhood wracked by violence.

But, I don't think it is widely known that it will be discriminatory. Someone want to get Nutter or Fattah to admit that?

Anyway, so, yes, I think we need to seriously think about talking to people about what stop and frisk really means- because I don't think that is happening now.

How about you DE? You OK with it?

No

I think that it would amount to misplaced energies. I'm a "root problems" kind of guy.

But I suspect that people in my community would be in favor of a more visible police profile, regardless of the fact that they'd probably be disporportionately targeted. And I do think that in balance, most people in my community would appreciate a higher police visibility. Such a program would be a very concrete way to increase that visibility.

And so I have very mixed feelings about this concept. I remember how much having a "law and order" mayor sucked, but in the very least, the implementation of such programs would be an indication that the City government is responding to what people want. At least that aspect would feel better than what I've seen recently.

Great topic for discussion

An active stop and frisk program must be a part of a greater proactive strategy to reduce violent crime. Detering crime is in many ways just as important as catching evildoers, and in addition to seizing contraband, a s &f program will increase the police presence and that in turn deters crime.

I strongly agree with D.E.II, that a stop and frisk program without the proper checks and balances, and not in the context of a holistic and multi-disciplinary crime prevention agenda has the potential to create even more tension between law enforcement and minority communities.

Concerns for disparate application of intrusive limits on freedom are real. Many of the problems faced by law enforcement in Philadelphia today are the result of abuse of minority communities at the hands of police in the not too distant past. However, the availability of handguns and their increased lethality call for us to do more, to experiment and attempt policies that have been effective in other jurisdictions.

Philadelphia leads the nation in the rate of homicides caused by handguns (82%). The number one cause of death in Philadelphia for African-American men under 35 is homicide. As Chief of the Repeat Offenders Unit in the D.A.'s Office, I learned that 5% of the criminals arrested in Philadelphia commit approximately 60% of our crimes. Over 70% of the defendants charged with homicide are currently on active probation or parole. Not finishing high school is the most common denominator of those arrested in Philly. An aggressive stop and frisk program will help but we need to coordinate our education, economic development, public health and criminal justice "systems."

Removing guns off of those carrying them illegally is meaningful and "comp stat" records here in Philly can guide us to which sectors of which police districts will garner the highest rate of seizure. An entire branch of criminology has been established to study the ecology of crime. Crime has specific patterns based on geography, day, season, climate, and time. So, it is not racist to quote statistics and state that specific places or those that inhabit them are in need of more proactive strategies.

But as with our "war on drugs" we must reduce both the demand and the supply. In my opinion we must even more aggressively apprehend, prosecute and hold accountable those that sell guns illegally, those that are profiting off of the death, bloodshed and mayhem in our city.

Where I grew up in West Philly, you can go into a bar and rent a gun. Stricter gun laws enacted in Harrisburg will help, but legal gun owners are not the problem. I am not a card carrying member of the N.R.A. but the fact is that in Philadelphia not one murder (in 2004, 2005 or 2006) was caused by a handgun that was fired by a person licensed to carry a firearm.

When I ran for D.A. I tried to bring attention to the fact that the D.A. had 18 investigators and prosecutors going after insurance fraud, 5 going after welfare fraud but ZERO going after illegal gun dealers. It was said then that I was airing dirty laundry an impatient opportunist and should wait my turn. I was even called an empty suit. Shortly after the primary the D.A. was able to secure a $5 million grant from State Senator Fumo to fund a unit to geographically prosecute illegal gun dealers.

Stop and frisk good. A holistic approach to crime prevention better. We have to be smart on crime, not just tough.

Seth,

Seth,

I hear you. But, if Eliot Spitzer cannot keep a check on the NYPD, are you confident someone here can really make sure that minorities aren't unfairly targeted? If you aren't (how well was Ellen Green-Ceisler received...), is the situation so desperate that you are willing to chance it anyway? I mean, I think that is a fair position given what is going on, but one we should all acknowledge. If we are going down this road, we better be doing it with open eyes.

As far as the war on drugs... in my opinion, although this is probably untenable, if we took about half the money out of the narcotics unit, and instead used it to go after guns, we would probably be much greater off. The war on drugs has been a total failure.

Strict Guidelines

Dan,

I have to agree with Raiderdam, there would have to be very strict guidelines that were articulated, and specified so that everyone, police and public were all aware. Again, an aggressive stop and frisk protocal would not be my first priority, but a possible tool. It is a slippery slope into martial law.

I would be very concerned about the increased violence between police and people frisked. More police are shot during car stops than any other time. What were the statistics from New York related to violence or assults during stop and frisks?

Seth, I voted for you and

Seth,

I voted for you and supported you and made sure that a Ward Leader who is a friend of mine supported you too. That being said, I can’t understand why you would support these policies in any other circumstance than as a last resort.

We have better resorts than that. We can allow the community to get involved and let them know that what they say matters. I know that because you taught me that it is possible.

Part of a higher Police presence is a higher DA presence. That means having DA’s in our community who work with us to solve the problems of blithe and crime in our communities. That means having Police who work with us to solve our problems as well. I don’t know about you, but I don’t think that the Police or the DA’s work for our community.

So I respectfully disagree, not because I don’t like you or don’t believe what you have to say, but because I know that you do. And if you keep me believing that you do, then I promise that I will work my hardest to make sure that you are the next DA.

Understand that friends come and go, but with a precious few you should hold on. Work hard to bridge the gaps in geography and lifestyle, because the older you get, the more you need the people who knew you when you were young. ~ Mary Schmich

A lot of people think we are

A lot of people think we are in last resort territory. Record murders last year and we are already outpacing it this year.

People want hard results right now. If a candidate came out and said he is going to put in policy that will lower crime over the next 5 years, he would probably be crucified.

Blame it on the current administration. They could have put policy in place to have stemmed the crime, but instead, they go on TV and politely ask people to stop shooting each other.

So, it has gotten to the point where something strong and swift does need to be done WHILE putting policy in place to curb it long term.

Last Resort?

Charles:

Your concerns are valid. I am just not willing to say anything should be a last resort. As you are aware, I am willing to talk your ears off about community based prosecution and restorative justice. That is my FIRST resort.

The very nature of YPP is for us to kick around ideas and visions for a better world. Last night while watching Jack Bauer attempting to save America from nuclear attack, I responded to this post because I thought it was an important topic for debate.

Glad

I'm really glad you are engaging on this.

What's your sense about the effectiveness of that illegal gun task force that ended up getting started anyway after the election?

What's the deal with this SITE (Strategic Intervention Tactical Enforcement) unit? Is it at all accomplishing its goal of targeted violence reduction and why or why not?

Jennifer

????

Jen:

Since the initial press release I have not heard anything. I know the plan was to hire investigators to assist a prosecutor and handle cases from a specific geographic area. Using both my community based prosecution strategy and agressive prosecution of gun dealer theory. You will have to call the D.A.'s Office to see if it is operational and if it is how many cases they have, and what the results have been. Just don't mention I sent you!

Your Post Reminds Me Why I Voted For You

And if you run again, I will vote for you again. You get it Seth. But I want people to know that "stop & frisk" is not the end all, be all of Michael Nutter's plan. Stop and frisk is just a 3 word phrase, but I believe Nutter wrote 16 pages. To be fair to Fattah, stop & frisk was not the end all, be all to his plan either.

I don't have time to write all that I want. So, I promise I will follow up with more details of Michael Nutter's plan.

One thing we will all be

One thing we will all be able to unite on is getting Seth into office in 2009 should he run.

But, as for Stop and Frisk- it might only be a piece of each of their plans, but, whether you think it is worth it or not, it is certainly the one with the worst side effects. We should at least be 100 percent aware of how successful the program is, and how likely it is to disproportionally target minorities.

Nutter on stop and frisk at the 9th ward meeting last night

Stop and frisk issue came up at the 9th ward meeting last night.

Here are my notes on Michael Nutter’s response:

He stressed that this was just one part of his comprehensive crime fighting proposal and that, until we have reasonable gun control laws, something must be done to stop the flow of weapons.

Nutter spoke passionately about his commitment to citizen oversight of the police department and his long struggle to establish the Police Advisory Commission. He believes there must be a place (other than the police department itself) where citizens can register a complaint against the police.

The police were opposed to the establishment of a citizen oversight commission and initially Rendell was not supportive. Nutter was told we don’t need an independent review of police conduct. The majority of city council members at first voted against it. Finally, Thatcher Longstreth provided the 12th(?) vote needed for passage. (I had not remembered that about Thatcher. I did recall that it was a protracted struggle to get the Police Advisory Commission but had not recalled Thatcher’s role.)

Nutter noted that in 1995, one (?) year after Police Advisory Commission was founded, the scandal about the 39th police district broke and people then understood the need for civilian review of the police.

Clearly Nutter is acutely aware of and shares the concerns of civil libertarians and is trying to balance those concerns with the urgent need to stop the violence. Also as Esquisite says, "I want people to know that "stop & frisk" is not the end all, be all of Michael Nutter's plan. Stop and frisk is just a 3 word phrase, but I believe Nutter wrote 16 pages. To be fair to Fattah, stop & frisk was not the end all, be all to his plan either."

Supporting Michael Nutter for Mayor

The 16 Pages

Thanks for the report from the meeting, Karen. I also plan to focus attention on the 'state of emergency' component (critically) and the prisoner reentry component (very complimentarily).

Respectfully, I'd argue that the three words or couple paragraphs of the plan on stop and frisk and states of emergency in 'targeted enforcement zones' matter critically and are worth critical focus because in the areas they would be implemented and to the people the would be implemented upon--those couple paragraphs will shape what it is like to live in their neighborhoods, for worse or hopefully for better. That's not a small thing.

Jennifer

Is "critical" the word of

Is "critical" the word of the day?

Did I miss the meeting?

Yeah, Clearly At 8:45 A.M. You Are Late

and missed a critical meeting. Ha.

I think maybe a holdover from literary criticism days...

Jennifer

I don't mean to be critical,

I don't mean to be critical, but if I missed a meeting of YPP that is deemed critical by the critical people, i.e. Dan and Ray, related to the word of the day, "critical" I apologize for my oversight. I required some additional, and critical, sleep.

16 Pages can answer many of your questions

I wouldn't argue that the key words do not matter. What I'm saying is that many of your questions could be answered if you "read the rest of the book".

Crime-fighting tactics should have a holistic and comprehensive approach. I believe Nutter's plan has that. All parts of our criminal justice system must work together, or it cannot work.

For example, would you read the first chapter of a math book and complain that it didn't teach you division? Maybe if you read the fourth chapter, you'd have seen it. 16 pages and footnotes. Read em'. Check the sources. I did. So did Nutter. So did Fattah. And many other criminologists. They know that these tactics work.

Agreed, it's not a small thing

Agreed, it's not a small thing and you are right to be concerned.

Nutter's demonstrated commitment to civilian oversight of the police provides reassurance to me that a Nutter administration will be cognizant of the dangers and take steps to prevent abuse.

Supporting Michael Nutter for Mayor

Discriminations

Well, it's also the case that the folks most likely to be the victims of gun crimes are also African-American. Stop and frisk, if implemented, needs to track where the problems are, geographically -- no sense in s&f'ing a bunch of Society Hill residents just to be "fair". Georgraphy-conscious measures may not always be racially biased ones.

(Randall Kennedy, a professor at Harvard Law, really turned my mind around on these things back in the mid-1990s.)

Yes, but, NY did, as far as

Yes, but, NY did, as far as I know, generally target high crime areas, especially with the SCU.

And even so, they were found to profile, and arrest a much higher rate of totally innocent African-Americans.

true

The regression analysis pretty fascinating -- basically, they argue that race accounts for some, but not all of the s&f disparity (once crime rates are factored in by precinct) -- members of racial minority groups who happen to be in supermajority white (90%+) precincts end up getting an immense share of the s&fs. Without crime-specific needs for such s&f behavior (i.e., they're looking for people meeting particular characteristics for particular crimes), it's unjustified.

Being Honest, And Being Targeted

From the New York Times's report on the release of the NYPD stop and frisk numbers:

"Paul J. Browne, the chief police spokesman, said later that the department's analysis of the numbers showed that while 55.2 percent of the stop encounters last year involved blacks, 68.5 percent of crimes involved suspects described as black by their victims (or by witnesses, in the case of homicides). Hispanics, he said, made up 30.5 percent of those stopped and 24.5 percent of suspected offenders. For whites, he said, the numbers were 11.1 percent and 5.3 percent, respectively."

So this goes to the heart of one of Dan's questions/assumptions: that the stops and frisks will be biased. You could take your "it would be ridiculous to go to Society Hill and stop and frisk people, just to be fair" and semi-reasonably conclude that it would be silly to stop and frisk white people when most of the suspects are minority, statisically (that is, to conclude that the high rates of stopping minorities are totally in line with the rate that they are suspects in crimes).

Fairness really turns on making sure there are defined grounds other than race to support stops. General geography is not enough, because it is way over-inclusive in my opinion. It becomes a proxy for criminality in the same way race does, and given the high rates of residential segregation, I don't think it is much less objectionable.

Jennifer

Not quite

Mentioning Society Hill really was about geography, not race. Use the CrimeBase at Penn, and you'll see where the focus needs to be.

Stepping Back: What We Are Talking About With S & F

Let's put on the table what we actually mean when we talk about stop and frisk--what the police can be doing right now, and what they could under the plans being discussed.

***
The candidates reference constitutional standards, as in, they support increased stop and frisk so long as it is constitutional.

In Terry v. Ohio, the Supreme Court held that the police may stop and frisk a person when there is reasonable and articulable suspicion that the person has an illegal weapon.

It's not the tightest rule in the world:

And in determining whether the officer acted reasonably in such circumstances, due weight must be given, not to his inchoate and unparticularized suspicion or "hunch," but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience.

It's designed to let officers act when their experience supports suspicion that doesn't rise to the level of probable cause to make an arrest. But it does require specific suspicion directed at the individual: under Florida v. J.L., an uncorroborated anonymous tip that someone is carrying a gun isn't enough to allow police to frisk three boys at a bus stop, when there was nothing in the tip that allowed police to corroborate it. And under Ybarra v. Illinois, reasonable suspicion that one person in the area has a gun isn't enough to search everyone.

***
Anyway, where the police have reasonable articulable suspicion that there's an illegal gun, they can stop and frisk. Right now, today. I'm going to look into why we don't have a big push to do this already in Philadelphia, but there is a partial answer in the misuse of widespread stop and frisk tactics in the mid-1980s (leading to a couple mass lawsuits and settlements).

My real concern--since of course the police can already aggressively do what the police are constitutionally permitted to do, nothing radical there--is how this would interface with a declaration of emergency. If normal human activities (walking, driving) are outlawed, there is reasonable suspicion to stop anyone. That's why you declare the emergency, to create a situation in which police have almost-absolute latitude to stop whoever their inarticulable suspicion suggests they should stop.

Jennifer

That's not an accurate description of "State of Emergency"

From Michael Nutter's Plan:

"Title 10 of the Philadelphia Code authorizes the Mayor to take specified measures if the Mayor determines that “the City or any part thereof is suffering or is in imminent danger of suffering civil disturbance , disorder, riot or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens.”

Parts of Philadelphia are clearly suffering a wave of violence that endangers the safety of residents.

This declaration of emergency powers will apply to a set of Targeted Enforcement Zones, which are the most crime-plagued neighborhoods in need of immediate action. These Targeted Enforcement Zones will be designated as conditions warrant, but the emergency powers will be extended until crime has significantly decreased and safety has been restored to all parts of Philadelphia. Inside the Targeted Enforcement Zones, all agencies of city government working together will create our best chance to short-circuit the mounting death and disorder by employing the strongest means available to us. By declaring a crime emergency, the City will have the power in the designated Targeted Enforcement Zones to:

- prohibit or limit gatherings of people on sidewalks, streets, or any outdoor place in the designated neighborhoods;

- halt or limit the movement of vehicles through or within the designated neighborhoods;

- establish a curfew limiting the hours people could be outside their houses; and

- prohibit the sale, carrying or possession on the public street or public sidewalks, or in any public park or square, of weapons of any kind.

Right, It Is Accurate After The Laws Are Passed

under the state of emergency. What a state of emergency gives you--why it is on the table--is an ability to broadly outlaw movement, e.g. through curfews and roadblocks, and have freedom to stop whoever.

Jennifer

Good post man. I only know

Good post man. I only know experiences from my friends and family, but I'm glad that there is some data corroborating what we have always thought to be true.

Personal Story

Chuck's story last month was a good example of what being stopped for doing nothing means to a person.

Defining Success: Rise In Arrests Versus Drop In Gun Crimes

Here are New York's numbers again:

* In 2002 (last year with released data the past one), New York stopped 97,296 people and arrested 2,819.
* In 2006, they stopped 508,540 people and arrested 5,317.
* Summonses (does this mean minor non-misdemeanor violations that got swept up?) went from 1,461 in 2002 to 7,292 last year.

So the stops increased more than five times over, and the arrests just fell short of doubling. I think it is crucial to ask what level of efficacy we are will to accept, as the number of innocent people stopped rises with the number of stops.

It is also crucial to turn attention to trying to measure the drop in gun crimes, not just the rise in arrest rates. From the Inquirer:

Experts say the odds that a New York-style program can drive down homicides in Philadelphia will depend on several things, including the city's relatively high rate of legal gun ownership. What has appeared to cure the problem elsewhere might not work perfectly here, the experts say.

In 1990, three-quarters of New York's homicides were committed with guns, although few of its citizens legally owned guns, writes Berkeley law professor Franklin Zimring in The Great American Crime Decline, due out next month.

That meant that when police removed "the relatively thin layer" of crime guns from New York's streets, they were not easily replaced through burglaries or straw purchases, in which legally bought guns are later sold to those not permitted to own them.

In Philadelphia, by contrast, an even larger share - 87 percent - of homicides are committed with guns, Johnson said, and more than 32,000 permits to carry concealed weapons have been issued to city residents since the state gun law made it easier in 1995.

Additionally, I think it is crucial to clearly define and limit the factors that police may use to constitute "articulable suspicion" enough to justify a stop. The broader the permitted justification ("Strawberry Mansion is a high-crime area") the greater the room for bias to determine who is stopped and the more intrusive the stop-and-frisk initiative is to people who are only in that high-crime area because they live or work or shop there. Targeting a stop and frisk program to very specific locations with ongoing histories of reported crime would help remove some of the risk of bias.

I want to look at the constitutional issues raised by stop and frisk as part of a mayoral declaration of a state of emergency, as well as the historical reasons for Philadelphia recently shying away from aggressive stop and frisk.

Jennifer

More Clarification As To What The Numbers Mean

So in NY, "in 2002, one person was arrested for every 8.5 stops, while last year [in 2006], one person was arrested for every 25 stops." So the real number of arrests increased, but the proportionate effectiveness of the stops decreased.

Jennifer

Strawberry Mansion

I find it interesting, Jen, that you mentioned Strawberry Mansion. I live there. I would be happy and thoroughly impressed if I cop stopped me to ask me some questions. Then, I would know that they are trying to do something about the shootings on my block and in my neighborhood. I see kids hanging out all the time at 2am in front of the corner chinese store.

Those are the same kids that are getting shot and shooting people. I don't need someone to tell me about it, I see it. If we're afraid of taking guns away from people who have them, what do people suggest we do?

Well, it is not just asking

Well, it is not just asking you questions... Would you be comfortable being frisked regularly in your neighborhood?

Again, I freely admit that we might just have to acknowledge all of the problems but still implement it, lets not poo poo this as cops just chit chatting. As the NYC experience shows (and people there are still pretty up in arms), there will likely be some pretty bad consequences. (Baltimore, too, is worth exploring.)

I agree with everyone who says Implementation is key

I think it is important to consider what the long-term implications of an S & F program might be, and to plan accordingly. Poorly implimented, or more specifically, implimented without widespread support for the SPECIFICS of any program in the communities most directly affected, will only have negative blowback. Big time.

I think the question asked above is key - at what point does the efficacy of a program become a consideration? In theory, the black community might support having every young black youth in specific neighborhoods stopped and frisked regularly. However, obviously, tolerance for such an approach would be limited - because the returns for such a unjudicious approach would be poor (a low number of illegal guns found, let's say, per kid stopped and frisked). And can you imagine how such an implimentation would create hostility between the black community and the police - exactly the thing that will have the worst long-term damage imaginable.

So, the complicated questions need to be asked - as mentioned above. And will they be asked and answered and considered in the heat of a mayoral race?

What are the specifics? If we assume there will some disproportinate aspect to how a program will be implimented, what level of disproportionality will people find acceptable? What are the criteria that will be used to justify a S & F?

Someone posted on YPP a while back that some old heads in the black community wax nostalgic about the Rizzo days. I question how widespread such a viewpoint really is - but regardless, such a viewpoint doesn't take into account the ramifications of law enforcement that is viewed as disproportionate. The hostility created by disproporionate law enforcement in those days was a disaster in terms of fighiting crime effectively. I doubt that the Rizzo days could be repeated in today's climate - but that doesn't mean that these issues don't need to be approached with caution.

Bringing Back The Experiential Aspects Of The Policy

Yeah, I threw Strawberry Mansion out there because it was part of a list of neighborhoods Nutter cited in the introduction to his plan, if I remember correctly.

I understand the sentiment behind:

"I would be happy and thoroughly impressed if I cop stopped me to ask me some questions. Then, I would know that they are trying to do something about the shootings on my block and in my neighborhood."

But (and I think you are a lawyer/professional, so I am assuming a little bit about your reference points) that you feel this way expecting that you would maintain some level of control over the interaction. That it would feel voluntary to you, because you have nothing to hide and/or you think the bother is worth the tradeoff in increased safety. That's certainly valid. But the reality I think of many of these stops and the implementation of these policies (as Charles here on the blog and citizens in NY have attested) is that police not atypically use the opportunity of the stop to leverage the interaction into something more, playing on the fact that police do not have to accurately inform the person stopped of their rights as to the limit of the interaction.

The Inquirer wrote an article about Nutter's stop and frisk proposals in November (he's been consistent). They open painting broad anecdotal swathes of support:

Theresa Collins doesn't own a gun; never fired one. Still, the 54-year-old widow is familiar with the pop of gunfire. Since January, 20 people have been shot to death within a half-mile of her house.

A few doors down, her block captain, Lorraine Armstrong, thinks one answer to gun violence in her West Philadelphia neighborhood is for police to stop and frisk suspects.

"I don't know if there is a quick fix, because it didn't develop overnight. But if you set up a gun-checking point on that corner, Ray Charles could see [the troublemakers] aren't going to go down that street. Stevie Wonder could see it, too."

As Philadelphia grapples with a spike in homicides that makes some neighborhoods feel like killing fields, police, politicians, community leaders and criminologists are looking at tactics used in other cities to confiscate illegal guns. Those tactics include dedicated task forces, and more use of the technique known as "stop-and-frisk."

Across the city to the south, in Kingsessing, another homicide hot spot, video-shop clerk Marcus Kane, 22, chuckled knowingly when asked about the prevalence of gunfire.

"It's like rain - happens once a week," Kane said, speaking inside the Woodland Avenue shop just a block from the stretch of 60th Street where four people have been killed in drive-by and retaliation shootings since April.

Kane said he'd favor stop-and-frisk even if it meant law-abiding citizens sometimes had to put up with a few questions from police.

"If you've got nothing to be guilty about, you should have no problem. I would put up with that level of inconvenience to make the neighborhood safer," he said.

We definitely need to go after illegal guns, and to target areas plagued by repeated corrosive violence. And to the extent that people can actually freely choose to subject themselves to heightened police stops, I can respect that. But it is not like airport security, which it has been analogized to. Flying is something of a luxury and a lot of the time, people can choose not to do it. Or at least, poor people aren't stuck in airports and airplanes just because they are poor and can't afford to be elsewhere, as is the case in the neighborhoods that would be targeted.

I'm going to write on it elsewhere more thoroughly, but I think there is evidence that really empowering a segment of the police force to just focus on illegal gun possession**, instead of having to reactively respond to this or that 911 call all the time, would greatly help actually make arrests in places where arrests are needed without opening the door for too much administrative discretion in who to target in widely-defined areas of the city.

Those on the thread who say they'd accept an increased stop and frisk regime if it is properly delimited I think miss the fact that by the nature of what's on the table, it's pretty hard to substantially reduce police discretion (I think the increased discretion is the only thing that really distinguishes these plans from what police can already do). And I think Dan is right to point out the limits of oversight boards in fixing the potential problems. Note also an incentive to be careful is not just civil liberties for their own sake: the city may be subject to costly lawsuits if it goes too far.

** I am curious about what Seth Williams's response would be to Sylvester Johnson's quote I copied above, about the difference between Phila and New York regarding illegal guns (Johnson implies that Philadephia has a much higher rater of legal gun ownership such that targeting illegal guns won't make as big a dent in the gun crime rate as it does in NY).

I am also curious if that task force he mentioned that started after Lynn's re-election has been effective at all.

Jennifer

Jen, I agree with you

I agree with almost everything you just said. And your assessment of my thoughts are correct. While I am a lawyer/professional living in Strawberry Mansion, I have not always been a professional. But I know what it's like to be poor, live in these crime-ridden neighborhoods, and not have a choice too.

While at this point in my life, I don't have to live there; I choose to because I don't want to forget what it's like.

Many of the problems with stop & frisk that you cite are valid. That is why I say you guys have to look at the entire plan. I will explain more later.

I think Jenn and I have done

I think Jenn and I have done this dance before, but, I just want to say there are characteristics in behavior that can indicate to a well trained (certainly better trained than I) police officer who to stop and why. For instance, drug corners are not mysterious places or disappearing castles (like Dracula's), the police know where they are. The dealers do not want to move because that means their distribution gets messed up. Similarly, a well trained police officer can discern someone walking home from the bus at night like Esquisite after a hard day at work, versus someone loitering for endless hours with friends on the same corner, in an alley way or under an overpass.

Stop an frisk is not a license to search everyone. It never has been. It is not like airport security--where the issue is a significantly diminished expectation of privacy and not the luxury and choice of flying.

But Gaetano, where is that

But Gaetano, where is that backed up by fact?

In NYC, the unit specifically targeting guns made an arrest 1 out of every 16 times they stopped and frisked an African-American male. What rate of "success" would you find acceptable, and could you find a police department that has done it?

That can't be the sole metric

How many crimes aren't happening -- how many illegal guns weren't being brought onto the street -- because the knowledge of a S&F program deterred would-be criminals from doing bad things? Did fewer crimes occur in areas were S&F was implemented?

I understand, and I agree.

I understand, and I agree.

But, first, I want to see what rate of successful stops people are willing to tolerate; because I think the idea that a well trained officer can magically spot someone carrying a gun is largely a myth.

It is a myth. No one is

It is a myth. No one is saying they can. What I am saying is that, a properly trained officer should be left to his/her discretion, particularly where that discretion is found to be constituionally permitted. That is all. We may get 0 arrests, but if it makes criminals keep their guns inside, it is a success.

I don't think people care

I don't think people care about the rate of successful stops.

They care about the rate of someone being dead on the street.

First, I'm not entirely sure

First, I'm not entirely sure that NYC is a good example. Particularly units targetting guns. It is pretty well accepted as fact that we have more guns here than they do there. Illegal guns too.

Second, I'd say that police using their constitutional discretion make that call. If they are wrong, the courts can sort it out later. But, that is why we have these separations--so that there is redress in instances of constitutional violations. I'm not in a position to look over the shoulder of public safety experts.

Third, your 1 out of 16 numbers seem inapplicable to me. The inquiry is not in the number of arrests, but in the percentage of homicides that are decreased and, more importantly, the that the police officers exercise their discretion properly. You would need numbers to show they did not to prove your argument. To really make a factual argument here, you would have to show me hour many out of the 15 unarrested had their rights violated. Remember, just because the police do not find anything does not mean your rights are violated. We are not talking about numbers here, we are talking about an acceptable police tactic used properly as part of a larger plan to combat gun violence.

I was responding to this: I

I was responding to this:

I think Jenn and I have done this dance before, but, I just want to say there are characteristics in behavior that can indicate to a well trained (certainly better trained than I) police officer who to stop and why.

My point is that I am not so sure that is true. And, not only did they stop and frisk an overwhelmingly large amount of African-Americans, they stopped a much higher ratio of innocent African-Americans. Which tells me that the instinct and training they were using was probably not a match for some inherent, ingrained prejudice against African-Americans.

I can't speak to any

I can't speak to any percieved "ingrained prejudice." But, again, we are looking at human behavior here--not exact science. Just because you are innocent does not mean you do not raise the eyebrow of a police officer who everyday looks at human behavior related to crime. What it means is, the police officer is doing his job the way he/she is trained.

But, we should aways work to erase the effects (and potentially the realities) of ingrained prejudice. Our officers should look for behavior and circumstance--not race or ethnicity. Unfortuntately, the vast majority Philadelphia's neighborhoods are often one racial/ethnic group or another. It does not seem we have a whole lot of nieghborhood diversity.

What Do You Think About

The fact that we seem to pick up as many illegal guns as New York (despite that city being so much bigger) already?

For the record, the courts don't even get involved when there is no arrest/charge because the 4th amendment provides an exclusionary rule. Sure they can sue in extreme instances, but obviously there are barriers keeping everyone or most people whose privacy was invaded from doing that.

Jennifer

Okay, I Know This Is A Low Blow

but, read this from this morning's incredibly disturbing story about how "a Philadelphia police officer forced two women to put on a sex show in a jail cell, ordering them to expose their breasts, kiss and touch each other until they broke down in tears, an internal investigation has found":

The Internal Affairs investigation found that the detention of Hejnar and the other woman was marked by police mistakes and abuses from beginning to end.

The two women were picked up by a drug squad in a street sweep at about 7 p.m. on Sept. 3, 2003.

They were stopped on the street and searched. No drugs were found. Nonetheless, they were taken into the 26th Police District headquarters, Girard and Montgomery Avenues, where they were locked up and searched for a second time.

The IAD report faulted Sgt. Oscar Martinez, the head of the drug squad, as well as one of his officers, Todd Oandasan.

It said Martinez should have ordered them released on the spot when the first search found no drugs.

Oandasan was the surveillance officer in the narcotics detail. Internal Affairs faulted him for signaling for the squad to stop Hejnar and her friend even though he did not see them buy drugs, only talk with suspected drug dealers.

Now before I get rightly chided for taking an extreme case of maybe allegedly individual misconduct and trumping it up to say something about stop and frisk, read this:

The incident is unusual not only for its revelation about abusive conduct inside the 26th Police District, but for the breakdown in how Internal Affairs and city prosecutors investigated the case.

Though the episode took place in 2003, the investigation languished for years.

One of the women filed a complaint within hours of the 2003 incident, but the case sat in limbo until The Inquirer raised questions about it for an article published last August. The Internal Affairs report was finally finished in December and The Inquirer recently obtained it.

That victim, Erica Hejnar, now 27, said that she had almost given up hope that anyone would be punished for what happened to her.

Remember that this is the same police department that categorically opted not to pursue rape cases for decades when we talk about trusting judgment and oversight.

Jennifer

You're right. We should stop

You're right.

We should stop putting people in jail too since there is a chance of this happening.

Hey, I Invited You To Call Me Out...

My position, though, is that we have to be careful about setting up regimes that require relying more on police discretion, and to be particularly careful about relying on oversight mechanisms to fix the problems that we are creating in doing so.

Jennifer

Illegally Used Guns Are The Problem

I have a hard time with the term "illegal guns". There are 280 million guns in the United States. The great majority of those guns cause no problems. The problems occur when guns are used "illegally". Guns perse are not the problem. Eighty percent of homicides are committed by convicted felons or recidivists. None of those people are legally allowed to possess, let alone own a gun. There is an appalling (sp?) eighty seven percent recidivism rate in Philadelphia. Most murder victims know their killers. The majority of homicides are the result of arguments, not drugs.

There is certainly a problem with the illegal use of firearms. I believe that we must deal with straw purchasers of firearms. We must go after the guys who rent and/or sell guns out of the trunks of their cars.

Well, was NYs city wide? As

Well, was NYs city wide?

As I recall from nutter's policy, designated high crime zones are only going to have "stop and frisk" policies coupled with a curfew. If you are out past curfew in those boundaries, you can be frisked for illegal weapons.

So, inherently yes, blacks will be targeted because these high crime areas are overwhelmingly black resident.

I would be very skeptical if it was a city wide proposal. I am a bit more ok on it if the plan is with strict parameters:

1) thresholds required to be a high crime area to be targeted for emergency powers.
2) specified radius from pinpointed epicenter.
3) thresholds that if met, remove it from emergency powers
4) some sort of board to address complaints to to be handled promptly
5) no reporting of identities stopped unless illegal activity or an illegal weapon was seized
6) Officers in emergency zones are specially trained for this process
7) Frisks should be quick with minimal detainment (if it takes more than 5 minutes with a cooperating individual, it is too long)
8) clearly specified curfew hours

etc.

Everything would need to be specifically laid out with no vague generalizations.

The Problem With "Zones"

In Nutter's plan, zones are mentioned in the same breath as a list of troubled neighborhoods. This is too broad.

Research like Lawrence Sherman's study of stop and frisk in Kansas implies that you can easily target specific locations that are crime "hot spots." If you target those, there's a much greater chance that you are dealing with individuals who have had some control over whether they are in a particular building, stoop, or corner--as opposed to catching all individuals who live in or pass through a zone because of necessity. I don't know how you would figure out a fair "radius" from a pinpointed epicenter.

N.B., it looks like New York is recording the identities of those stopped who weren't arrested.

Jennifer

Well, like I said, before

Well, like I said, before implemented the zone boundaries need to be specified.

And yes, I would be completely against it if innocent identities were recorded. In fact, I would be curious about even asking for ID.

We need to keep in mind, Nutter's plan is to get contraband, in particular illegal guns.

This would also, most likely, be a floating enforcement group, because obviously people dealing drugs and such type of illegal activity will move their business elsewhere, so crime should drop in those zones and most likely pick up eventually in another.

And I am ok with making the criminal element stay on their toes and not get settled. Also, the drop in criminal activity in a zone may give residents some breathing room to try to recover their neighborhood by trying town atches and other proactive methods.

2002 vs. 2006 in NYC

I would really want to know how the numbers have changed in NYC since 2002 and 2006. In 2002, the police commissioner was Bernard Kerik, who as is well-documented, was a total tool. The commissioner since 2002, Raymond Kelly, has publicly and repeatedly said that racial profiling, whether for street crime, terrorism, or traffic tickets, does not work. The New Yorker had an excellent article a few years back on how the NYC has changed its tactics under Kelly; I'll try to dig it up.

This doesn't necessarily mean that there haven't been notable or unnoticed incidents of profiling, or that Kelly isn't hiding the data for a sinister reason or talking out both sides of his mouth, or that stop-and-frisk isn't a de facto racial profiling program under a different rationale, or that the program in Philly won't be a lot worse than the program in New York. But there are good reasons not to assume all of those things.

Two Articles, Actually

The first, by William Finnegan.

And another, by Malcolm Gladwell.

"De Facto" Is Probably The Question

Note sure what you mean with "since 2006," since it would seem the just-released numbers would show where we are pretty well into Kelly's reign.

But the study that was just commissioned from the RAND corp after the release of these numbers is slated to include researchers riding along with police to some extent, so hopefully there will be an experiential component to the analysis that can help capture how the stops are administered and that way maybe isolate whether there's de facto profiling.

Jennifer

Oh, Grammar

I meant between 2002 and 2006. My opinion is that the police commissioner and top brass have more influence over what the rank-and-file do than either the AG or press exposure. And, since we don't have demographic numbers on 2006 -- just the demographic breakdowns in 2002 and the total S-F numbers for 2006 -- we can't just assume that the stop-and-frisk policy under Kelly is the same as it was under Kerik, when so much else of how the city is policed is changed.

That said -- Kelly could do a lot to stop this suspicion by releasing those numbers.

The Problem Is Broader Than "Profiling"

In isolation, you have a point, which I referenced obliquely in comments above:

You could take your "it would be ridiculous to go to Society Hill and stop and frisk people, just to be fair" and semi-reasonably conclude that it would be silly to stop and frisk white people when most of the suspects are minority, statisically (that is, to conclude that the high rates of stopping minorities are totally in line with the rate that they are suspects in crimes).

but the issue isn't just whether the general stop rates correspond or not to the racial proportions of crime suspects in general. The issue in this mayoral race and with regards to these proposed policies is whether the stop and frisk plan will tend to expose minorities to intrusive interactions with the police out of proportion with their possible guilt because they live/work/shop in poor, higher crime areas. That's the racial differential.

Jennifer

Well, that is the

Well, that is the problem.

While one side says you are being targeted because of the criminal demographic, the other side says they are being targeted because of race.

And since we don't have predominantly white areas with the same criminal levels, there is no way to say "look, we do the same in this white neighborhood".

So the question then is, how do you deal with crime in a neighborhood that is 95% black without making it look like a racial issue?

assuming exlib, that you aren't trolling

and are coming back, I have a question for you.

Assuming that the articles you linked to are correct, then there are still questions that need to be answered. Assuming that it's true that the numbers of blacks and whites stopped on the NJ Turnpike were proportional to the rates of speeding of blacks and whites, respectively, are you justifying the use of race as a criteria to make stops?

One would think that the numbers of people who have race cars would track closely with speeding. What about young males regardless of race? What about people driving in the passing lane? I'm sure each of those criteria would correlate disproportionately with speeding also. Should then, troopers pull over people just because they're driving a race car, are a young male, or are driving in the passign lane?

Saying that it wouldn't necessarily be racist if the troopers pull over blacks at a higher rate than what would match their percentage of the drivers on the Turnpike is one thing. Saying that they should use race as a criteria to pull people over is another.

So, what is your point? And how would it relate to the discussion of Stop and Frisk policies?

See Strawberry Mansion Above

Raiderdam:

Read Esquisite's comments above.

Jumping On The Recent History Bandwagon

Can anyone a little older or smarter than me discuss the relative successes of "Operation Sunrise" and the relative failure of "Safe Streets" and what lessons there maybe are for this current spate of policies targeting drug-related and other violent crime?

Jennifer

I believe the failure of

I believe the failure of Safe Streets was throwing a bunch of cops on over time and after election, taking them off.

Safe Streets was basically a failure

Tom Ferrick, November 2, 2005, looked at a Temple study of Operation Safe Streets:

The authors are Brian A. Lawton, Ralph B. Taylor and Anthony J. Luongo, all affiliated with Temple University at the time.

The trio took detailed crime data for the year-and-a-half before Safe Streets and compared it with data for the first four months of the program. They also used mathematical regression formulas that weigh each possible variable that could influence the crime rate - for instance, the weather.

Their conclusions:

One.Safe Streets had little effect on crime citywide. The authors say:

"Operation Safe Streets failed to have a significant citywide impact on homicides, violent crime or drug crimes. Program planners began publicly proclaiming murder-reduction benefits of the program a few weeks after it started. Those claims are not supported by these analyses."

Two.Safe Streets had a huge impact very close to the targeted corners. Crime dropped significantly, but only within one block of where the cops were stationed. Another quote: "The program was creating 'bubbles' of relative safety near officer locations."

Three.There is evidence the program created "displacement" of drug-related crimes. By that, the authors mean that with cops on corner A, dealers simply moved a short distance away to corner B.

Good for the goose

This makes sense. You have Canada geese on your lawn. You send the dog chasing after them and they fly away. But they don't stay in the air - they simply move to another lawn.

I changed my mind

Unfortunately, I do not have time to write as extensively as I would like about Nutter's stop and frisk plan. But I've heard Nutter talk about it, and here are some of the things I heard him say (I'm paraphrasing of course):

Last year, we had 406 murders. 296 of those murders were black men (73%). 85% were black people. These murders were committed by other black men with handguns. 99.9% of the murders committed with a handgun were illegal handguns.

Now, if the KKK came through town and killed 296 black men, everyone would be up in arms. We would call the National Guard, the FBI, the CIA, and every other three letter agency we have. Did you see how the General Assembly "sprung into action" with outrage when a state highway was backed up for 3 inches of snow? Then why aren't they springing into action when 296 black men are killed. Where's the outrage? What the administration is doing is not working. I'm outraged. We have to get serious about addressing this thing.

What do you want me to do? We can't wait 10 years or 10 months. We can't wait for another 400 people to be murdered. We need to do something right now!

This year, we are on pace to beat the murder-rate from last year. We have more murders this year than any other city. More than New York, more than Chicago, more than LA. New York has more than 5 times the population we have with 8 million people!

When New York implemented the stop and frisk policy, their murders dropped 75%. I believe in constitutional rights, but I also believe in public safety. I believe that people have the right to walk down the street and not get shot! Are we going to get serious about this or not? I can't wait for another 400-800 people to get killed when we can do something right now.

Most of the people talking about constitutional rights don't live in these neighborhoods that are like battlefields. They don't know what it's like to be ducking bullets everyday. People in those neighborhoods want us to do something! It is more dangerous to be a black man in Philadelphia, then it is to be in Iraq.

I heard Nutter speak several times on this issue. Those are some of the things I heard him say. He's said more, but those are the things that I remember. And as a black man living in Strawberry Mansion, I agree with him. People are prisoners in their own home. Children can't even go out to play.

As far as the research is concerned, I suggest you guys read his policy paper and check his sources. If you read it already, read it again.

I'd Re-Emphasize Targetedness

and bring it back around to community-based policing.

I think that the most effective and the least troubling regime would be one where very specifically troubled locations are identified and police are well-enough integrated into the neighborhoods that they can target people engaged in criminal activity.

It's interesting, in the 1980s after a one-day sweep (Operation Cold Turkey), there was debate and lawsuits over widespread semi-indiscriminate stopping, e.g.:

Problems with the police tactics were expressed by Helen Fry, a Democratic committeewoman who lives on Mount Vernon Street near 18th. She tells how it affected life in this patchwork-quilt neighborhood of poor and affluent, of blacks, whites and Hispanics.

''They (the police) have been stopping people they don't have no business stopping. If they are narcotics men, they should know who's selling.

''The way they were doing it is not right. If they ask you a question, they snap at you. If you're on the corner, they tell you to get off the corners.''

They should know who is selling, and they should know who is dealing in illegal guns. I don't think this is unreasonable and impossible, and I think it gets easier the more integrated police are in the neighborhood and the better the relationship between residents and police. I think there are diminishing returns in wide untargeted sweeps, both in effectiveness and community good will.

***
About illegal guns:

It is just awful that the state won't let the city tighten gun laws. This is a huge huge problem and keeps us from going after gun supply as much as we should. (Sylvester Johnson has been quoted discussing the problem of too-high rates of legal gun ownership in Philadelphia because of these liberal state laws.)

Interestingly, in terms of this conversation: In Inquirer says that already in 2004, we seized the same absolute number of illegal guns as New York.

I'm going to write more elswhere, but in terms of concern for the black community, I think that an emphasis on ratcheting up the effectiveness of the probation system, as well as focusing on the transition for ex-prisoners to re-enter the community after release would be a much more productive focus. Particularly given the incredibly high rate of homocides perpetrated by individuals who have already passed through the city's justice system.

Jennifer

Again, comparing different

Again, comparing different scenarios.

As for gun laws, I don't think tightening gun laws is the problem. The problem is enforcing current gun laws against straw buyers.

And I agree other policies need to be put into place for long term solutions. The bad neighborhoods are not wanting 5 year plans. They want their problems alleviated right now.

Not Opposed

I think it is necessary to pull a bunch of officers off crisis relief (911 response) and get them into the areas with the most violence just looking to enforce gun and drug laws. I just think once you get them in there, they don't really need more discretion than they already have in order to be effective.

Jennifer

In all reality, I would

In all reality, I would prefer the return of the beat cop. You get someone on foot or bike patrolling around and actually able to hear stuff going on and you might see significant drop in crime.

Plus, it gets the cop more familiar with his surroundings and the neighborhood.

I think that is a great

I think that is a great method of policing. I know Brady supports it.

Again, I suggest you read

Again, I suggest you read Nutter's ENTIRE plan. Jen, Nutter talks about ratcheting up the effectiveness of the probation system, and focusing on the transition for ex-offenders for reentry.

Yeah I Know

I think it is good--I told Karen above we are going to write on those aspects soon.

I'm doing research now on the last wave of probation reform that the city debated/participated in.

Jennifer

Stop and Frisk Panel Discussion Coming Soon

On March 20th, I believe Michael Nutter will be hosting a panel discussion on the stop and frisk policy at the African-American Art Museum. I don't have all the details, but when I get them I'll let you guys know.

I believe the panel will consists of some combination of civil rights lawyers, law enforcement, african-american community representatives, criminologists, and Michael Nutter. Mark your calenders for March 20th. Again, when I get more info, I'll let you know.

Please share info

When you get the location and time please post it, many of us may wish to attend.

Where's Ray?

I'm suprised that we haven't heard from you on this issue Ray. I believe that Dan called out Nutter and Fattah. I'm trying my hardest to defend Nutter.

Are you going to defend Fattah?

I got petitions to file

there is more to winning an election than blogging believe it or not, more later...

I understand

But after petitions are filed, we expect you to weigh in on this.

Ray, petition time is over

I want to hear you weigh in on this stop & frisk discussion. Dan called out both Nutter and Fattah.

What do you have to say about it?

Don't have much to say

Dan and Jenn asked this:

I am asking you to stipulate that 1)A stop and frisk program will be discriminatory, and 2)it will stop vastly more innocent people than guilty ones. Let's assume in this post that our experience will be similar to NYC.

Assuming these things, are you OK with the Nutter/Fattah stop and frisk policies?

That's a good question.

I don't have enough information about the issue to determine if those assumptions are right. Before any new policy is enacted, those assumptions will be examined. And I am sure that the outcome of that analysis will determine the next steps in terms of implementing a policy that would allow specially trained officers to remove illegal fire arms from our streets.

There are obvious legal questions here and Chaka Fattah, for one, is interested in expanding access to resources and increasing opportunities for Philadelphians--not restricting or eliminating them. That said, if enacting a new policy to eliminate illegal guns is constitutional and can be fairly implemented, it's on the table in a conversation about ending gun violence in our city. Of course, it's just one piece of a much larger agenda to eliminate violence in Philadelphia.

Great discussion

I don't really have anything new to add, but want to say what I'm getting out of reading the interesting comments.

The more I read, the more worried I become about the S&F concept.

We need a close analysis of what is the real rationale for a S&F program. If it unrealistic to look to such programs as a way to effectively reduce the number of guns on the street (because the source of the guns won't be closed off), and instead if the rationale is to serve as a deterrent to crime, then we need to be asking whether S & F programs are the most effective deterrent.

Not that we don't need to use more than one tool, but wouldn't it make more sense to focus on having more beat cops, cops on bikes, and initiatives foced on having cops and other players in law enforcement connecting more closely to our communities? And what about the potential of S & F programs to exacerbate divisions between cops and our communities? That means that any such programs need to be very carefully constructed.

And I'm not getting the sense that they have been. I wonder if a Stop and Frisk program will become more of a campaign/public relations tactic than a well thought out crime-fighting tactic. And the nebulous nature of the "state of emergency," threshold, and the vagueness of some other criteria that I've seen explained so far is worrisome:

What exactly does "prohibit or limit gatherings of people on sidewalks, streets, or any outdoor place in the designated neighborhoods" mean?

What does "halt or limit the movement of vehicles through or within the designated neighborhoods" mean?

Outside of questions about whether "guns kill people" or "people kill people," the relationship between numbers of guns and the murder rate is very complicated. But it is clear that for a large number of the murders that do take place, settling a dispute by shooting someone was the operational motivation.

We need to start widespread and comprehensive conflict resolution and peer mediation programs in our schools. We need to teach kids there are ways to solve conflicts without using a gun.

Further, we need to build bridges and channels of communication between the law enforcement community and the community at large.

The Think Tank Needs A Filter!!!!

Reading these posts and comments further proves my point that we have as a city just ran out of ideas . The first thing that comes to our head ISN'T the smartest!

I totally OPPOSE the stop& frisk method and I feel that if this was thought up in 12 hours maybe we need 2 more days of discussion to come up with something better. I always felt that our city was preparing our people for the jail system and I was correct. This can't be the best idea we can come up with to curb violence in this city, might be the cheapest.

Please people lets not put our brains to rest on this one. We need better ideas and this isn't one of them. What happen to probable cause? Three men standing on a corner does not permit a stop and frisk. What kind of a image are we trying to promote in this city???????

Too many cars moving into a designated neighborhood? Please lets gain back our senses. About as crazy as Ol' Milt designating citizens to become Deputy Police from the hood to patrol the streets. Talk about neighborhood watch! Just give everyone a gun and a badge.

Thinking of :Police Academy 4/Citzens on Patrol

Junior Williams
juniorwililams007@earthlink.net
http://mycityscapephily.eponym.com/blog

More Data!

On efficacy: Here's some of the summary from a review of the Kansas study that Nutter cites as support for stop and frisk. In terms of numbers, the data seems to show a drop in gun crime. The study is "Police crackdowns on illegal gun carrying: a systematic review of their impact on gun crime," published in the Journal of Experimental Criminology, and I can email anyone interested it or the original study.

METHODS:
From July 1992 through January 1993, police in Kansas City implemented evening
gun patrols in a 0.6-square-mile patrol beat with 4,528 residents and a homicide
rate roughly 20 times the national average (Sherman and Rogan 1995; see also
Sherman et al. 1995). Changes in gun crime were examined during the 29
intervention weeks relative to the prior 29 weeks. The study also examined changes
based on 52-week pre- and postintervention periods (the 52-week postintervention
period included the 29 intervention weeks and 23 weeks after the patrols ended).

Changes in gun crime in the target area were contrasted with changes in a
comparison area several miles away. Both areas had homicide rates many times the
national average, had virtually identical numbers of drive-by shootings in 1991,
and were overwhelmingly black. Moreover, the areas had similar gun crime trends
during the three and a half years prior to the intervention: oscillating but generally
stable levels from 1989 through the first half of 1991, followed by an upswing
before the beginning of the intervention period.

***
RESULTS:
Total gun crimes—which consisted primarily of violent crimes with guns (i.e.,
robberies and assaults) but also included property crimes committed with guns
(primarily destruction of property)—fell by 49% in the target area, from 169 in the
29 weeks prior to the patrols to 86 during the 29-week intervention period (see
Table 3). This change was statistically significant in a t-test of weekly means.
Similarly, an interrupted time series analysis based on the 52 weeks before the
program and the 52 weeks following the start of the program suggested a drop of
2.6 gun crimes per week (or about 44%) after controlling for temporal trends.14 As
reported below, there was some evidence that the patrols may have reduced
homicides and drive-by shootings, but there were no reported changes in total
crimes, overall violent or property crimes, or disorderly behavior. Substitution of
crimes without firearms was not assessed.

Though gun seizures did decline in the comparison area, there were no
statistically significant changes in gun seizures or gun crime in the comparison
beat. Direct statistical tests between the target and comparison areas were not
reported.

After a 5-month pause, the patrols were reintroduced from July 1993 to
December 1993. The evaluators reported that gun crime again declined in the
target area while rising in the comparison area, though they did not present details
regarding the patrols or regarding crime trends during this second phase. In
addition, contrasts of the two 6-month intervention periods with all other half-year
periods from 1991 through 1993 suggested that the patrols reduced both homicides
(based on chi-square tests) and drive-by shootings (based on analysis of variance)
in the target area while these crimes remained unchanged in the comparison area.15
Finally, surveys suggested that gun patrols had strong community support and had
favorable impact on residents’ perceptions of neighborhood conditions and fear of
crime (Shaw 1995).16

***
EFFECT ON NEIGHBORING AREAS:
To investigate geographic displacement of gun crime, the investigators used both t-
tests (for 29-week pre- and postperiods) and interrupted time series models (for 52-
week pre- and postperiods) to examine preYpost changes in the seven beats
adjacent to the target beat, both individually and collectively (see Table 3). None
of these beats experienced a statistically meaningful increase in gun crime.
Collectively, the adjacent beats had a nonsignificant net increase of 52 gun crimes
(7%) during the 29 intervention weeks—which would not wholly offset a reduction
of 83 in the target area— and a nonsignificant drop for the 52 weeks spanning the
intervention and the follow-up period. Further, the city as a whole had a 2% drop
in gun crime during the 29 intervention weeks, providing no obvious sign of
displacement elsewhere.

Interestingly, the review also looks at an Indianapolis study that compares two approaches to cracking down on illegal guns (an compares both to a third district with no change in policing). Here's an explanation of the differences in approach:

METHODS:
Officers implemented different styles of patrol in the two target areas (see
Table 2). In the east target area, officers pursued a general deterrence strategy in
which they sought to maximize traffic stops, thereby seizing more guns and
creating a general sense of enhanced police presence. In the north area, officers
made pedestrian and vehicle stops more selectively, utilizing a targeted offender
approach that focused on particularly suspicious persons and vehicles. Officers in
the north area also paired with probation officers to conduct home visits of
probationers. During the 90-day intervention period, officers spent 2,905 hours
patrolling the east/general deterrence area, making 3,826 vehicle stops and 558
arrests. In the north/targeted offender area, officers spent 1,975 hours on patrol,
making 1,417 vehicle stops, 434 arrests, and 126 probation checks.17

RESULTS:
During the intervention period, total gun crime dropped 29% in the north/targeted
offender area relative to the same 90-day period of the prior year (from 75 to 53;
see Table 3).19 In addition, gun assaults and armed robberies (including those with
guns and other weapons) both declined about 40%, and homicides dropped from
seven to one. Based on analysis of variance tests, the reductions in gun assaults and
armed robberies were statistically significant relative to the comparison area, where
gun and weapon offenses increased and homicides remained unchanged.
In the east/general deterrence area, homicides dropped from four to zero, but
other gun crimes rose. Contrasts of the east/general deterrence and comparison areas
produced mixed and nonsignificant results. Total gun crimes, for example, increased
36% in the former but only 8% in the latter. On the other hand, total homicides, gun
assaults, and armed robberies rose 22% in the east/general deterrence area (from 54
to 66) and 89% in the comparison area (from 38 to 72).20

***
Taking the results at face value, the targeted offender gun patrols may have
been successful, but the general deterrence patrols appear to have made little
difference. The targeted offender patrol style may have enabled officers to focus
their attention more efficiently and effectively on people and places at highest risk
for gun violence
; however, one might question whether the patrol styles interacted
with differences between the target areas in crime, racial composition, and other
factors.23

Another interesting finding: neither Kansas or Indianapolis seemed to suffer displacement of criminal activity into adjacent areas (or crime reduction for that matter).

Jennifer

Interesting data

but maybe information about the relative availability of guns in those locations would be needed to determine how applicable that data is to the situation in Philly?

Yeah, And That's Totally Beyond Me

It's interesting though because we are already making the important jump and trying to isolate what connects to a reduction in gun crime, not just carrying.

Another interesting issue when you start distinguishing possible strategies for stop and frisk intervention is the simple question of what time you patrol. That SITE unit they started here was meant to specifically focus on overnight crime--which would seem to do at least a little of the work of helping to isolate likely illegal gun possessors from others in the neighborhood.

Jennifer

What's so surprising about

What's so surprising about that study is that overall crime wasn't reduced, just gun crimes.

My common sense analysis would be that increased police presence would reduce crime overall. Didn't seem to happen. Which would suggest that increased numbers of beat cops and cops on bikes wouldn't make much difference either.

I don't quite know how to wrap my mind around that one.

Stop And Frisk Will Scare the H*ll Out Of The Minorities

My brother lives in Denver where they have recently started a "Stop and Frisk" program. This effectively just scares the law bidding Denver population. On the plus side S&F does reduce the number of guns carried illegally.

Drug dealers carry firearms as a necessary part of doing business. They will carry guns because they have to. This is true no matter what the law - S&F not withstanding. S&F does reduce the the illegal possession of hand guns by people who carry for the heck of it. I grew up in the 75th Police precinct in East New York, Brooklyn. They find a dead body there every 63 hours. This is the most dangerous precinct in the City. The Giulliani (sp?) program didn't dent the illegal possession on my block. When folks fear for their lives, many will carry illegally.

What we need is community policing and involvement. The real issue is safety and security. If you feel safe, you won't feel the need to illegally carry a firearm. Growing up where I did, left me left me pretty fearless as I know how far my wits will take me.

I disagree with my friend and next D.A. Seth Williams, although I believe he fully understands the issues. I'm not convinced that Chaka does understand the situation. I'm also not convinced that Chaka Davenport was shot, as claimed, either.

Community policing and