Police Bias Research Articles

Rational Choice Foundations of Equal Protection in Selective Enforcement: Theory and Evidence

Some commentators have argued that the current legal approach to selective enforcement is inadequate, particularly because of its reliance on the concept of intent to discriminate, and must be refashioned. We show, instead, that the current legal approach is well suited to accommodate the best statistical test available to detect bias (within our model). We present a test for police bias which is based on statistical data on the success rate of interdictions. The test finds bias against a protected group if the success rate of interdiction against that group is lower than on another group. Within a rational choice model of crime and policing, this bright-line test is shown to flag police behavior if and only if it is driven by bias against a protected category. This test operationalizes the concept of intent to discriminate which is central to the legal approach to selective enforcement. Our analysis therefore provides a foundation for the current legal approach to selective enforcement cases. We view this finding as a strong rationale to preserve the current legal approach. We agree with some commentators that the current legal approach does not promote the larger social goal of crime minimization. We argue, however, that the courts are not well placed to pursue this goal. Therefore, we do not see the pursuit of crime minimization as a strong argument for challenging the existing legal approach.

Rethinking the concept of prejudice: immigrants-knowledge-based analysis in Turku, Finland

This study examines how African immigrants perceive and allege police bias in Turku, expressed towards them in the various unpleasant circumstances in which they interact. In addition, this was also an attempt to understand the rhetorical allegations that most African immigrants in Turku apply in judging the police. Secondly, we would be drawing on the respondents’ answers to our questionnaire and a semi-structured in-depth interview with 88 African immigrants who have resided in Finland for more than 8 years. The author focussed especially on those who were naturalised citizens, refugees and those with permanent residence permits. The interviews were conducted in their homes, or in cafes and restaurants, and the interviews lasted from 60 to 90 min and were tape-recorded. Thirdly, we examined the sources of African immigrants’ allegations of bias levelled against the Finnish police this was based on questions relating to race, education, culture and contact with the police in Turku. Finally, this study also discusses and analyses several major issues which confront African immigrants and offers some suggestions as to what might be needed in police training to counteract the rampant mistrust and lack of satisfaction among African immigrants concerning the police. This is in line with trying to understand or reflect on the root causes of bias. Rather than dismissing these allegations, we tried to explain, understand and identify the causes of this misconception among African immigrants in Turku. Our study findings demonstrate the importance of exploring both contacts and the working relationship between the police and African immigrants in Turku for here lie unique features that could help us understand African immigrants’ perceptions of police in this city.

Reducing Aboriginal Over‐representation in Prison

The Royal Commission into Aboriginal Deaths in Custody attributed the high rate of Aboriginal deaths in custody to the over‐representation of Aboriginal people in prison. Most analyses of this over‐representation focus on the issue of systemic bias in policing, the law or the operation of the criminal justice system. The present article contends that, while discriminatory treatment of Aboriginal people by police and the court system is an historical fact, the leading current cause of Aboriginal over‐representation in prison is not systemic bias but high rates of Aboriginal involvement in serious crime. We argue that efforts to reduce Aboriginal imprisonment rates through policing or criminal justice system policy have failed and will continue to fail until they succeed in reducing crime in Aboriginal communities. Future efforts to bring down Aboriginal imprisonment rates should focus on this issue.

Predictive, concurrent, prospective and retrospective validity of self-reported delinquency.

The self-report method is widely used to measure offending. Previous studies suggest that it is generally valid, but that its validity may be lower for blacks than for whites. AIM To assess the validity of self-reported offending in relation to court referrals, and to investigate how it varies with types of offences, sex and race. Annual court and self-report data were collected between ages 11 and 17 for eight offences in the Seattle Social Development Project, which is a prospective longitudinal survey of 808 youths. Self-reports predicted future court referrals. Predictive validity was highest for drug offences, for males and for whites, and lowest for females and Asians. The probability of youths with a court referral reporting offences and arrests was highest for drug offences, for males, for whites and for blacks. Retrospective ages of onset agreed best with prospective ages for drug offences, Asians and whites. More Asians than blacks or whites failed retrospectively to report offences that had been reported prospectively. The validity of self-reports of offending was high, especially for drug offences, for males and for whites. Contrary to prior research, validity was high for black males. It was lowest for Asian females. Sex and race differences in validity held up after controlling for socioeconomic status. Differential validity probability did not reflect police bias.

Do Toronto Police Engage in Racial Profiling?

On 19 October 2002 Toronto Star began a series of articles Race and Crime, (1) making claims that is different for blacks and whites (Singled 2002), Blacks arrested by Toronto police are treated more harshly than whites (Singled 2002), and that black drivers (Police target 2002: A1). Subsequent stories suggested that Toronto police were engaging in racial profiling, defined by Star as the practice of stopping people for little reason other than their skin colour (Police target 2002: A8). Published interviews with black community leaders and advocates added weight of anecdote and presumption to charges of racial profiling, and University of Toronto criminologist Scott Wortley, whose research has focused on race issues in criminal justice, deemed Star analysis evidence of what, until now, has been based largely on assumption (Singled 2002: A13). Representatives of police responded angrily, denying accusations of singling out blacks. The Toronto Police Service commissioned an independent review of Star's analysis by a prominent criminal lawyer (Alan Gold) and a University of Toronto sociology professor (Edward Harvey) (see Harvey and Liu 2003; Harvey 2003; Gold and Harvey 2003). Their review concluded that Star analysis was junk science and conclusions of articles completely unjustified, irresponsible and bogus slurs to be put down at once (Gold and Harvey 2003). The police went further and on 17 January 2003 launched a $2.7 billion class action libel suit on behalf of its 7,200 members (Police union 2003). The furor has since spread throughout Ontario criminal justice system, with judges, attorneys, crown prosecutors, and police officials making additional controversial statements supporting or refuting allegations of racial profiling in criminal justice system. The media have given considerable attention to issue, as befits its renewed prominence in public debate, but perhaps also in defence of one of their own. The debate is likely to be given further play in municipal, provincial, and federal election campaigns. Whatever else may come out of these events, it is already clear that Toronto Police Service has now joined ranks of North American police organizations that must now devote considerable effort to addressing accusations that they engage in racial profiling. The development of data collection and analysis systems to respond to accusations of racial bias in policing has become something of a growth industry in U.S. (e.g., Ramirez, McDevitt, and Farrell 2000; McMahon, Garner, Davis, and Kraus 2002; Fridell, Lunney, Diamond, and Kubu 2001: 118; Engel, Calnon, Bernard 2002: 250, 262-263). Widespread public belief that police engage in racial profiling undermines public confidence in police, as well as credibility of testimony and evidence submitted by police officers in criminal proceedings. It may now have become difficult to prosecute criminal cases involving accused persons from groups claiming police bias, without extensive expert testimony on issue of racial profiling. In Toronto (as elsewhere across North America), issue of racial profiling has become a significant threat to ability of police to maintain order, ensure public safety, and prosecute those accused of criminal offences. This issue also affects ability of courts to weigh evidence appropriately, assess criminal responsibility, and determine appropriate sanctions. The evidence for claims of racial profiling What evidence is there that Toronto Police engage in what is called racial profiling? The claims made by Toronto Star were based on newspaper's own analysis of arrest data from Toronto police's Criminal Information Processing System (CIPS), obtained under a freedom of information request. The data were recorded between late 1996 (when CIPS was first implemented on a trial basis) and early 2002. …

Victim Experiences in Hate Crimes Based on Sexual Orientation

Using interview data from a convenience sample of 450 lesbian, gay, and bisexual adults, the varieties of victim experiences in hate crimes based on sexual orientation are described. Most crimes were perpetrated in public settings by one or more strangers, but victimization also occurred in other locales, and perpetrators included neighbors, coworkers, and relatives. In deciding whether a crime was based on their sexual orientation, victims tended to rely primarily on contextual cues and perpetrators’ explicit statements. Victims’ concerns about police bias and public disclosure of their sexual orientation were important factors in deciding whether to report antigay crimes, as were beliefs about the crime’s severity and the likelihood that perpetrators would be punished.

Racialized Policing: Residents' Perceptions in Three Neighborhoods

One of the most controversial issues in policing concerns allegations of racial bias. This article examines citizens' perceptions of racialized policing in three neighborhoods in Washington, D.C., that vary by racial composition and class position: a middle-class white community, a middle-class black community, and a lower-class black community. In-depth interviews examined residents' perceptions of differential police treatment of individual blacks and whites in Washington and disparate police practices in black and white neighborhoods. Findings indicate, first, that there is substantial agreement across the communities in the belief that police treat blacks and whites differerently; and secondly, there is racial variation in respondents' explanations for racial disparities. On the question of residents' assessments of police relations with their own community relative to other-race communities, a neighborhood difference is found, with the black middle-class neighborhood standing apart from the other two neighborhoods.

Race and its effect on police officers' perceptions of misconduct

Because of the attributed role of race in criminal justice interactions, one should expect it to be significant in police-citizen encounters. This point is accentuated by the cases of Rodney King and O. J. Simpson, and by other well-known cases in the media in which race is presented as an important factor. Employing vignettes and the factorial survey method in a sample of 718 Ohio police officers, this study examined the extent to which a suspect's race influences the perceived seriousness of an officer's conduct toward that suspect. In vignettes describing police misconduct, it was expected that police officers would perceive misconduct toward a minority suspect as significantly less serious than toward a White suspect, reflecting police bias against minority citizens. Contrary to this expectation, race was not found to be a significant determinant of perceived seriousness. The suspect's demeanor was significant, however. African Americans' perceptions of police bias are interpreted in light of these findings.

Traffic Stops, Minority Motorists, and the Future of the Fourth Amendment

Previous articleNext article No AccessTraffic Stops, Minority Motorists, and the Future of the Fourth AmendmentDavid A. SklanskyDavid A. Sklansky Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by The Supreme Court Review Volume 19971997 Article DOIhttps://doi.org/10.1086/scr.1997.3109744 Views: 53Total views on this site Citations: 12Citations are reported from Crossref Copyright 1998 The University of ChicagoPDF download Crossref reports the following articles citing this article:Anthony A. Braga, John M. MacDonald, James McCabe Body‐worn cameras, lawful police stops, and NYPD officer compliance: A cluster randomized controlled trial*, Criminology 60, no.11 (Nov 2021): 124–158.https://doi.org/10.1111/1745-9125.12293Roni Factor A quasi-experiment testing a public participation process for designing and implementing an enforcement program among minorities, Journal of Experimental Criminology 15, no.11 (Mar 2018): 77–86.https://doi.org/10.1007/s11292-018-9327-5Ekow N. Yankah Race, Criminal Law and Ethical Life, (Dec 2019): 625–648.https://doi.org/10.1007/978-3-030-22811-8_26Sonja B. Starr Explaining Race Gaps in Policing: Normative and Empirical Challenges, SSRN Electronic Journal (Jan 2015).https://doi.org/10.2139/ssrn.2550032Keith Guzik Taking Hold of the Wheel: Automobility, Social Order, and the Law in Mexico's Public Registry of Vehicles (REPUVE), Law & Society Review 47, no.33 (Jul 2013): 523–554.https://doi.org/10.1111/lasr.12032Phillip Atiba Goff, Kimberly Barsamian Kahn Racial Bias in Policing: Why We Know Less Than We Should, Social Issues and Policy Review 6, no.11 (Mar 2012): 177–210.https://doi.org/10.1111/j.1751-2409.2011.01039.xGeneva Brown Ain't I a Victim? The Intersectionality of Race, Class, and Gender in Domestic Violence and the Courtroom, SSRN Electronic Journal (Jan 2012).https://doi.org/10.2139/ssrn.2050083Naomi Murakawa, Katherine Beckett The Penology of Racial Innocence: The Erasure of Racism in the Study and Practice of Punishment, Law & Society Review 44, no.3-43-4 (Oct 2010): 695–730.https://doi.org/10.1111/j.1540-5893.2010.00420.xLaura J. Khoury Racial profiling as dressage : a social control regime!, African Identities 7, no.11 (Feb 2009): 55–70.https://doi.org/10.1080/14725840802583314Eric J. Miller Role-Based Policing: Restraining Police Conduct 'Outside the Legitimate Investigative Sphere', SSRN Electronic Journal (Jan 2005).https://doi.org/10.2139/ssrn.808587Adalberto Aguirre Profiling Mexican American Identity, American Behavioral Scientist 47, no.77 (Jul 2016): 928–942.https://doi.org/10.1177/0002764203261072Louis Harrison Understanding the Influence of Stereotypes: Implications for the African American in Sport and Physical Activity, Quest 53, no.11 (Feb 2001): 97–114.https://doi.org/10.1080/00336297.2001.10491732

Chapter 3: The Influence of Juveniles' Race on Police Decision‐Making: An Exploratory Study

Previous studies evaluating the effects of juveniles' race on police decision‐making have rendered inconclusive results. Many of these studies have suffered from methodological shortcomings. The present study utilized vignettes to describe police‐juvenile encounters in order to determine police charging practices for black and white youth. The results suggest modest offense‐related race effects. Black youth tend to be charged with more offenses while white youth were released more frequently. A refinement in the research methodology is indicated for further explorations of the critical issue of police bias.

Alcohol consumption patterns among American Indian and white college students.

College students in Oklahoma completed a self-administered questionnaire to compare the drinking behaviors of culturally active American Indians (N = 34 men and 24 women) an Whites (N = 181 men and 250 women). Significantly more Indians were classified as drinkers, but they had begun drinking at a somewhat later age. Both groups indicated a preference for beer, and they were quite similar in quantity and frequency of beer consumption. White students reported drinking significantly more wine and distilled spirits, and drinking more often in public places, such as bars, pubs, restaurants and parked cars; Indians drank more in their own homes and in the homes of friends. White students tended to cite hedonistic reasons for drinking whereas Indians reported escapist or social reasons and drinking to "get high." Drinking-related problems were reported somewhat more often by Indian students, notably so by Indian women. Indians were more inclined to report the more serious drinking problems of being arrested, blacking out, interference with school or work, an difficulties in human relationships. White students more often cited problems of nausea or vomiting, drinking and driving, doing something that was later regretted and damaging property. It was suggested that the higher Indian arrest rate could be indicative of police bias and that the reports of problem drinking among Indian women be investigated further.

Equity and Discretionary Justice: The Influence of Race on Police Arrest Decisions

This paper examines the degree to which race influences police arrest decisions. Two types of possible racial bias are examined. The first, most often addressed in previous research, is suspect-directed and examines whether blacks are more likely to be arrested than whites. The second type of police bias is victim-directed and examines whether police are equally responsive to black and white victims of crime. We found little evidence of suspect-directed racial bias. Our analysis does indicate, however, that police are more responsive to white victims of crime. The implications of these findings for the equitable administration of justice are then considered.

Race and Juvenile Justice Processing in Court and Police Agencies

Studies of race bias in the juvenile justice system have yielded contradictory and inconclusive findings. The diversity of findings, though due in part to inadequacies in the methods used in pervious studies, is also attributable in part to the differential possibilities for bias in different settings. This paper develops and tests hypotheses that specify two conditions which affect the likelihood of bias: the characteristics and procedural constraints of processing agencies and the characteristics of their social environments. Long-linear analysis is used, to allow simultaneous control for the influence ofprior record, type of allgation, family type, sex, race, and country in analyzing data from police and court records in a populous eastern state. Consistent with the hypotheses, the findings indicate that racial bias is more apparent in police dispositions than in judicial decisions. In the more urban ofthe two social settings studied, minorities constitute a relatively high proportion of the population; police bias is especially pronounced there. In thesame setting, however, this bias may be compensated for, to some extent, by the courts.

The Effects of Suspect Race and Situation Hazard on Police Officer Shooting Behavior

Shooting incidents involving patrol officers are examined for the effect of suspect race and degree of hazard in the number of shots fired and hits made on suspects. Additional tests examine frequencies of shooting incidents among Blacks and Whites with respect to city population and various measures of police‐citizen contact. Finally, fatalities are examined with respect to involvement in shooting and arrest rates. The results suggest an effect for degree of hazard; however, there was no evidence to suggest police bias against Blacks.

Ascertaining Police Bias in Arrests for Drunken Driving

OF THE 640 MEN AGED 25 TO 54 ARRESTED FOR DRIVING WHILE INTOXICATED (ADWI) IN SANTA CLARA COUNTY, CALIF., AND THE 383 IN THE FRANKLIN COUNTY (COLUMBUS METROPOLITAN AREA), OHIO, DURING THE FIRST 6 MONTHS OF 1962, ABOUT ONE-THIRD HAD BEEN INVOLVED IN AUTOMOBILE ACCIDENTS. THE ARREST-VULNERABILITY (A-V) RATIOS (PERCENTAGE OF ADWI: PERCENTAGE IN CENSUS TRACT) BY ETHNICITY, HOWEVER, WERE MORE THAN TWICE AS HIGH AMONG THE SOCIALLY DISADVANTAGED SECTORS IN BOTH COUNTIES: 1.90 VS 0.89 FOR THE SPANISH (MEXICAN) VS NON-SPANISH WHITES IN SANTA CLARA, 1.98 VS 0.86 FOR THE NEGROES VS WHITES IN FRANKLIN. A-V RATIOS ALSO INCREASED AS PERCENTAGES OF UNEMPLOYMENT AND BROKEN HOMES INCREASED AND AS ECONOMIC STATUS AND HOME OWNERSHIP DECLINED IN THE CENSUS TRACTS OF RESIDENCE. POTENTIAL POLICE BIAS AGAINST THE DISADVANTAGED GROUPS WAS MEASURED BY COMPARING (1) THE PERCENTAGES OF ADWI INVOLVED IN ACCIDENTS, AND (2) THEIR BLOOD ALCOHOL CONCENTRATIONS (BAC) ACCORDING TO ETHNICITY AND THE ABOVE 4 SOCIAL AND ECONOMIC CENSUS-TRACT VARIABLES. IN SANTA CLARA, NONE OF THE 4 VARIABLES WERE SIGNIFICANTLY RELATED TO ACCIDENT INVOLVEMENT ALTHOUGH A SIGNIFICANTLLY GREATER PERCENTAGE OF SPANISH-AMERICAN ADWI (40.4 VS 29.9%) WAS INVOLVED IN ACCIDENTS; WITH RESPECT TO BAC, ONLY THOSE FROM CENSUS TRACTS WITH HIGH PROPORTIONS OF BROKEN HOMES HAD SIGNIFICANTLY HIGHER BAC THAN OTHER ADWI. IN FRANKLIN COUNTY ETHNICITY WAS NOT SIGNIFICANTLY ASSOCIATED WITH ACCIDENT INVOLVEMENT. HOWEVER, THOSE LIVING IN CENSUS TRACTS WITH HIGH PROPORTIONS OF BROKEN HOMES AND LOW PROPORTIONS OF HOME OWNERSHIP HAD SIGNIFICANTLY HIGHER URINE ALCOHOL CONCENTRATIONS THAN OTHER ADWI. IT IS CONCLUDED THAT THE HIGH ADWI RATE AMONG THE MINORITY AND DISADVANTAGED GROUPS PROBABLY REFLECTS ACCURATELY A GREATER FREQUENCY OF DRUNKEN DRIVING AMONG THEM RATHER THAN A POLICE BIAS IN ARRESTS. /AUTHOR/

Police Encounters With Juveniles

In an observational study of police officers' contacts with juveniles the authors reached these conclusion: (1) Wide discretion was exercised by policemen in dealing with youthful offeders. (2) The exercise of this discretion was affected by a few readily observable criteria, including boys' prior offense records, race, grooming, and demeanor. Among first offenders particularly, but to some degree among all offenders, a youth's demeanor was a major criterion for determining what police disposition he would be given. Officers estimated that 50-60 per cent of first offense dispositions were based on this criterion. (3) The differential in arrest and apprehension rates between Negroes and whites was not simply a consequence of a greater offense rate among the former or police bias. To some extent this differential was due to the fact that Negroes more often than Caucasians exhibited those aspects of demeanor associated by officers with "true" delinquent boys.