Chapter 4:
Policing
Race and Crime, 3e © SAGE Publications 2012
Introduction
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Police are on the front line of the criminal justice system.
Confidence in police varies:
 In 2003, 92% of Whites had either a great deal or some
confidence in the police.
 Only 80% of minorities and 73% of Blacks did.
 In 2011, reported confidence in the police (i.e., a great
deal or some) hadn’t changed in all groups:
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92% of Whites
73% of minorities
74% of Blacks
Police agencies are more diversified, professional, and
technologically advanced than ever.
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http://www.youtube.com/watch?v=tWhYmb1sANM
Race and Crime, 3e © SAGE Publications 2012
Overview of Policing in America
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Police are the most visible symbol of governmental authority.
There are numerous federal, local, and state agencies, which
vary in size and are bureaucratic and quasi-military in structure.
There are Native American (tribal) police agencies, special police
agencies with limited jurisdiction (for example, transit police),
and private police.
Race and Crime, 3e © SAGE Publications 2012
Overview of Policing in America, cont.
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In 2004, there were:
 12,575 local agencies
 463,000 full-time sworn personnel
 3,000 sheriffs’ offices
 49 state agencies
 1,481 special jurisdiction agencies
 513 other agencies (such as constables)
The 2004 Census of Federal Law Enforcement Officers identified:
 105,000 full time personnel authorized to arrest and carry firearms.
 The U.S. Customs and Border Protection (CBP) and U.S. Immigration
And Customs Enforcement (ICE) employ more than 38,000 officers.
Race and Crime, 3e © SAGE Publications 2012
Race and Policing: A Historical Context
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Like their British counterparts, the colonists initially made
policing the responsibility of every citizen.
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Later utilized the sheriff, constable, and watch system.
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American policing during the nineteenth century had separate
forces in separate cities.
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The first African American police were “free men of color” who
served in police organizations in New Orleans, Louisiana (1805
- 1830).
 They were responsible for slaves.
Race and Crime, 3e © SAGE Publications 2012
Race and Policing: A Historical
Context, cont.
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The three eras in the history of policing:
1. Political (1840s to early 1900s)
2. Reform (1930 to 1960s)
3. Community problem-solving (1970s to present).
During the 1960s, police were closely scrutinized following a
great deal of civil unrest and several U.S. Supreme Court
decisions including:
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Mapp v. Ohio (1961)
Escobedo v. Illinois (1964)
Miranda v. Arizona (1966)
Race and Crime, 3e © SAGE Publications 2012
Native Americans
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The act of May 19, 1796, set the boundary between Indian
country and the United States.
In 1799, the boundary was changed to give federal courts
jurisdiction over U.S. citizens who committed crimes against
Indians.
The act of March 3, 1817, further extended federal law to
prevent “White desperados” from escaping federal and state
law.
Following the Civil War, the United States minimized the political
autonomy of tribal leaders and encouraged government
representatives to deal with individual Indians and families.
Race and Crime, 3e © SAGE Publications 2012
Native Americans, cont.
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In 1887, the General Allotment or Dawes Act permitted tribal
lands to be allotted to individual Indians, making them
landowners and farmers.
The Dawes Act was extended to the Five Civilized Tribes in
Indian Territory by the Curtis Act of 1898.
 Cherokees
 Choctaws
 Creeks
 Chickasaws
 Seminoles
In the 1990s, more than 56 million acres of land were owned
and policed by tribal nations in the United States.
Race and Crime, 3e © SAGE Publications 2012
Native Americans, cont.
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“Indian country” includes reservations in 34 states, most of
which are located west of the Mississippi River.
There are several administrative arrangements for policing
Native Americans that include cross deputization agreements
with several entities.
Race and Crime, 3e © SAGE Publications 2012
African Americans
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During the antebellum period, slaves were unprotected from
crimes by slave owners, including murder, rape, assault, and
battery.
By the mid-1700s, “patterrollers,” or slave patrols, the first
distinctively American police system, existed in every southern
colony.
The first wave of Black police officers in the United States
appeared during Reconstruction.
 Chicago,
 Philadelphia,
 Columbia and Charleston, South Carolina, and
 cities in Mississippi and Texas.
African Americans, cont.
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Early race riots in the 19th and early 20th century were clashes
between Blacks and White citizens, in which the police were
accused of indifference, brutality, and leaving the scene.
Riots continued throughout 20th century.
1970s African Americans moved into more administrative roles
in police agencies.
Race and Crime, 3e © SAGE Publications 2012
Asian Americans
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Little information exists on Asian experiences with the police.
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Many Chinese immigrated to California in search of gold.
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Chinese were also known to serve as cooks, laundrymen, and
servants.
Early laborers were indentured servants who financed their
passage by agreeing to work for merchant-creditors.
Race and Crime, 3e © SAGE Publications 2012
Asian Americans, cont.
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After the anti-opium smoking legislation, imports decreased
and coincided with a decrease in the size of the Chinese
population that was also related to more restrictive
immigration policies.
The fact that most Asian Americans are insulated from police
attention is due at least in part to their cultural values, ethnic
isolation, and language barriers.
Race and Crime, 3e © SAGE Publications 2012
Latinos
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The repression of Chicanos by the police, military, and vigilantes
led to the formation of protective guerilla units and bandits.
Latino migrant workers in the Southwest received the harshest
treatment.
 Many of them were illegal immigrants, so they were not
protected by the American legal system.
By the 1940s, police-Chicano relations in Los Angeles had
deteriorated (“Zoot Suit Riots”).
Conflicts between Latinos and police continued throughout 20th
century.
Race and Crime, 3e © SAGE Publications 2012
Latinos, cont.
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2010 Department of Homeland Security apprehended 517,000
foreign nationals of whom more than 80% were natives of
Mexico.
Today there are multiple issues that increase contact between
Latinos and law enforcement:
 Illegal immigration
 Human smuggling
 Drug smuggling
Race and Crime, 3e © SAGE Publications 2012
White Immigrants
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By the late 1800s, immigration was seen by Progressive Era
reformers as a threat to:
 Democracy
 Social order
 American identity
Ethnic ghettos fostered:
 Poverty
 Illiteracy
 Unemployment
 Underemployment
Race and Crime, 3e © SAGE Publications 2012
White Immigrants, cont.
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Criminal enterprises flourished.
 Gambling
 Prostitution
 Theft
 Con men
Over time, White ethnics had an easier time assimilating
because:
 It was easier for foreign-born Whites to gradually blend
into American society.
 White immigrants were able to secure jobs as police
officers.
 White immigrants were often assisted by the police in their
transition to America.
Race and Crime, 3e © SAGE Publications 2012
Contemporary Issues in
Race and Profiling
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The majority of Americans view the police favorably.
Minorities continue to be disproportionately the victims of police
use of force and racial profiling.
How has recent innovations in policing impacted minorities?
Race and Crime, 3e © SAGE Publications 2012
Citizen Satisfaction With Police
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Race is one of the strongest predictors of attitudes toward the
police.
During the 1960s, when the National Opinion Research Center
(NORC) found that:
 67% of the general public responded that their police did an
“excellent” or “good” job.
 77% responded that police did a “pretty good” to “very
good” job of protecting people in their neighborhoods.
Since then, direct and indirect contact with the police have been
found to impact citizen satisfaction with the police.
Race and Crime, 3e © SAGE Publications 2012
Citizen Satisfaction With Police, cont.
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Other significant factors include:
 Perceptions of crime
 Fear of crime
 Neighborhood conditions
Between 2002-2011, Criminal Justice Statistics.
 Majority of Whites continue to have most confidence in
police, although in 2011 it was much lower than in 2004.
 Confidence in police by Blacks increased in 2011 to 43%
although it is still much lower than in 2005, when it hit its
peak.
Race and Crime, 3e © SAGE Publications 2012
Police Deviance and Accountability
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Police deviance refer to police officer activities that are
inconsistent with the officer’s:
 Official authority
 Organizational authority
 Values
 Standards of ethical conduct
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Examples of police deviance include:
 Use of excessive force (police homicides and police brutality)
 Corruption
 Perjury
 Sleeping and drinking on duty
 Discrimination
 Failure to enforce the law
Police Deviance and Accountability, cont.
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Police deviance is an inevitable outcome of the right to use
force that Americans grant police.
2001 more than a dozen police depts. were under
investigation.
 Cincinnati, New York City, Detroit, New Orleans, and Tulsa
In 2010 the Office of Civil Rights was investigating over 17
police depts. across the country and monitoring 5 settlements
regarding four police agencies.
Race and Crime, 3e © SAGE Publications 2012
Police Deviance and Accountability, cont.
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May 15, 2010 the OCR found the Louisiana police department
was responsible for patterns of misconduct that violate the
Constitution and federal law.
Certain laws were created by the U.S. Dept. of Justice to seek
declaratory or equitable relief to remedy patterns or practices
of conduct by law enforcement officers that deprive individuals
of rights, privileges, or immunities secured by the Constitution
or laws of the U.S.
 Violent Crime Control and Law Enforcement Act of 1994
 Omnibus Crime Control and Safe Streets Act of 1968
 Title VI of the Civil Rights Act of 1964
Race and Crime, 3e © SAGE Publications 2012
Police Deviance and Accountability, cont.
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Goldkamp identified two perspectives that help us to
understand why minorities are overrepresented as victims of
police use of force.
 Differential law enforcement and the possible effects of
prejudice and discrimination.
 Minorities are involved in crimes that increase their
likelihood of victimization by the police.
Tennessee v. Garner (1985)
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Shooting of fleeing felons is unconstitutional.
Police Deviance and Accountability, cont.
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Graham v. Connor (1989)
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Reasonable force can be used by reasonable officer with
the facts and circumstances being considered.
Citizens Complaints About Police Use of Force
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Data collected from large states and local agencies in 2002.
26,000 complaints received. 8% of those complaints were
sustained and warranted disciplinary action.
Estimated that rate of police use of excessive force is about
1 incident per 200 full-time sworn in officers.
Race and Crime, 3e © SAGE Publications 2012
Racial Profiling
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Criminal profiles used by law enforcement to identify suspects
and solve crimes, especially serious crimes.
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Police officers often use characteristics of a crime or group of
crimes to develop a criminal profile.
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Racial profiling refers to:
 “Any action that results in the heightened racial scrutiny of
minorities …. justified or not”
During the 1990s, “driving while Black/Brown” (DWB) was the
most visible form of racial profiling.
 “walking while Black”
 “shopping while Black”
 “flying while Arab/Muslim”
Race and Crime, 3e © SAGE Publications 2012
Racial Profiling, cont.
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Whren v. United States (1996)
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U.S. Supreme Court exacerbated the DWB problem by
granting police officers the power to stop persons
suspected of drug crimes under the pretext of probable
cause for a traffic violation.
States started getting sued in 1990s.
 Florida
 New Jersey
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Litigation required some state and local police agencies to
start tracking characteristics of traffic stops.
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https://www.youtube.com/watch?v=jcanTRJjDAI
Race and Crime, 3e © SAGE Publications 2012
Racial Profiling, cont.
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Many states and local police agencies now track characteristics
of stops voluntarily.
Recent BJS traffic stop data reveals that:
 Whites, Blacks, and Hispanics tend to be stopped at
proportionate rates to their population.
 Blacks and Hispanics tend to be searched during traffic
stops more than Whites.
Race and Crime, 3e © SAGE Publications 2012
Police Accountability
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We entrust the police and want to hold them accountable for their actions.
How?
 Citizens can file complaints with local, state, and federal agencies
 Bring civil lawsuits
 Participate in civilian review boards or other external oversight agencies
Other activities that promote police accountability include:
 Community outreach
 Customer assistance
 Policy review
 Auditing complaint investigations
Race and Crime, 3e © SAGE Publications 2012
Immigration and Policing
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U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement (ICE), they are responsible for the
enforcement of immigration law within the department of
Homeland Security.
 There has been a new approach, A Comprehensive Plan to
Identify and Remove Criminal Aliens that was implemented
in 2009.
Race and Crime, 3e © SAGE Publications 2012
Police Innovations
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There have been many police innovations in recent decades,
including:
 Information systems
 Less-than-lethal weapon (e.g., Tasers)
 Community policing (COP)
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Problem-oriented policing (POP)
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POP requires that the underlying causes of repeated calls for service
be identified and addressed.
Quality-of-life or zero-tolerance policing (ZTP)
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COP is a proactive approach that strives to bring police and citizens
closer together in their efforts to reduce crime and disorder and
solve related problems.
ZTP is an aggressive form of policing that is based on “Broken
Windows Theory”.
Multicultural/diversity training for officers
How are each of these innovations related to race and crime?
Conclusion
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Policing has always connected the lives of racial and ethnic groups.
Despite progress, police deviance and misconduct continue to be a
problem in policing.
Police brutality and racial profiling contribute to lower confidence and
less trust in the police by Blacks and other minorities.
New policing strategies like community policing have helped improve
police and minority group relations.
Zero-tolerance policing seems to be more detrimental as a result of
aggressive policing.