By Lindsay Turner, Julie Atella, Virginia Pendleton, Sophak Mom

When Minneapolis police officers killed George Floyd in May 2020, the nearby city of Brooklyn Park began urgent work, including convening listening sessions and tasking city commissions with creating a work plan to improve the Brooklyn Park Police Department.

In December 2020, the City of Brooklyn Park hired Wilder Research to uncover the root causes of violence in Brooklyn Park, understand community perceptions of the Brooklyn Park Police Department, create research-driven recommendations to improve community safety, and develop a tool to assess and improve the Brooklyn Park Police Department’s performance. Wilder Research reviewed existing research on community safety and policing, analyzed Brooklyn Park specific community survey data related to the root causes of violence, and conducted interviews with residents and employees of Brooklyn Park.

High-level findings:

• There are risks of violence when people are not economically secure or connected to their community.

• There are disparities in Brooklyn Park that likely contribute to violence and disorder.

• Improving traditional policing may not improve safety.

• Brooklyn Park Police Department policies and interviewee themes support that procedural justice is a key strength; even so, some BPPD policies and Minnesota laws conflict with best practices.

Recommendations:

• Focus on prevention. To improve safety, the city should address inequities, and ensure that the social conditions where safety thrives are equally distributed across races and places in Brooklyn Park.

• Improve interventions. The city should explore using community-based mental health and substance use responses, school-based safety workers, and other efforts to reimagine police responsibilities. The city should also partner with community stakeholders to expand focused deterrence initiatives, and interventions including treatment and restorative justice.

• Assess BPPD for improvements. We developed a scorecard to measure BPPD performance. We recommend the city, BPPD, and community members impacted by systemic marginalization and police contact partner to assess and recommend changes to BPPD.

St. Paul MN: Wilder Research, 2021. 115p.

MAY CONTAIN MARKUP

By Guy Ben-Porat and Fany Yuval

What does police violence against minorities, or violent clashes between minorities and the police tell us about citizenship and its internal hierarchies? Indicative of deep-seated tensions and negative perceptions; incidents such as these suggest how minorities are vulnerable, suffer from or are subject to police abuse and neglect in Israel. Marked by skin colour, negatively stigmatized or rendered security threats, their encounters with police provide a daily reminder of their defunct citizenship. Taking as case studies the experiences and perceptions of four minority groups within Israel including Palestinian/Arab citizens, ultra-Orthodox Jews and Ethiopian and Russian immigrants, Ben-Porat and Yuval are able to explore different paths of citizenship and the stratification of the citizenship regime through relations with and perceptions of the police in Israel. Touching on issues such as racial profiling, police brutality and neighbourhood neglect, their study questions the notions of citizenship and belonging, shedding light on minority relationships with the state and its institutions.

CAMBRIDGE. CAMBRIDGE UNIVERSITY PRESS. 2019. 251p.

By Felipe Gonçalves, Elisa Jácome, and Emily Weisburst

How does immigration enforcement affect public safety? Heightened enforcement could reduce crime by deterring and incapacitating immigrant offenders or, alternatively, increase crime by discouraging victims from reporting offenses. The researchers study the U.S. Secure Communities program, which expanded interior enforcement against unauthorized immigrants. Using national survey data, they find that the program reduced the likelihood that Hispanic victims reported crimes to police and increased the victimization of Hispanics. Total reported crimes are unchanged, masking these opposing effects. The researchers provide evidence that reduced Hispanic reporting is the key driver of increased victimization. Their findings underscore the importance of trust in institutions as a central determinant of public safety.

Evanston, IL: Institute for Policy Research,  Northwestern University, 2024. 95p.

By Beth Redbird and Kat Albrecht

Racial disparity in arresting behavior is a significant concern for people of color. It also delegitimizes law enforcement, increases tension between police and citizens, and can even increase crime. Efforts at police reform stall, in part because racial disparity in policing was previously unmeasurable. The authors present three new measures of racial disparity in arrest, measured across more than 13,000 agencies nationwide, allowing for reliable analysis of disparity across time and geographic space. These measures are validated against Department of Justice law enforcement misconduct investigations, the “gold standard” for assessing racial disparity in policing.

Evanston, IL: Institute for Policy Research,  Northwestern University, 2020. 48p.

By: Atheendar S. Venkataramani, MD, PhD; Elizabeth F. Bair, MS; Jacob Bor, Sc; et al

Importance: Racial disparities in sleep health may mediate the broader health outcomes of structural racism.

Objective: To assess changes in sleep duration in the Black population after officer-involved killings of unarmed Black people, a cardinal manifestation of structural racism.

Design, Setting, and Participants: Two distinct difference-in-differences analyses examined the changes in sleep duration for the US non-Hispanic Black (hereafter, Black) population before vs after exposure to officer-involved killings of unarmed Black people, using data from adult respondents in the US Behavioral Risk Factor Surveillance Survey (BRFSS; 2013, 2014, 2016, and 2018) and the American Time Use Survey (ATUS; 2013-2019) with data on officer-involved killings from the Mapping Police Violence database. Data analyses were conducted between September 24, 2021, and September 12, 2023.

Exposures: Occurrence of any police killing of an unarmed Black person in the state, county, or commuting zone of the survey respondent’s residence in each of the four 90-day periods prior to interview, or occurence of a highly public, nationally prominent police killing of an unarmed Black person anywhere in the US during the 90 days prior to interview.

Main Outcomes and Measures: Self-reported total sleep duration (hours), short sleep (<7 hours), and very short sleep (<6 hours).

Results: Data from 181 865 Black and 1 799 757 White respondents in the BRFSS and 9858 Black and 46 532 White respondents in the ATUS were analyzed. In the larger BRFSS, the majority of Black respondents were between the ages of 35 and 64 (99 014 [weighted 51.4%]), women (115 731 [weighted 54.1%]), and college educated (100 434 [weighted 52.3%]). Black respondents in the BRFSS reported short sleep duration at a rate of 45.9%, while White respondents reported it at a rate of 32.6%; for very short sleep, the corresponding values were 18.4% vs 10.4%, respectively. Statistically significant increases in the probability of short sleep and very short sleep were found among Black respondents when officers killed an unarmed Black person in their state of residence during the first two 90-day periods prior to interview. Magnitudes were larger in models using exposure to a nationally prominent police killing occurring anywhere in the US. Estimates were equivalent to 7% to 16% of the sample disparity between Black and White individuals in short sleep and 13% to 30% of the disparity in very short sleep.

Conclusions and Relevance: Sleep health among Black adults worsened after exposure to officer-involved killings of unarmed Black individuals. These empirical findings underscore the role of structural racism in shaping racial disparities in sleep health outcomes

JAMA Internat Medicine, online Feb. 2024.

By Kasey Henricks and Ruben Ortiz

The Irrelevance of Innocence” is a case study of Chicago that focuses on parking tickets that are written under false pretenses. We leverage multiple data sets against one another to demonstrate that more than one in eight tickets over a six-year span were written under conditions when restrictions did not apply. Then, we situate these findings within a multilevel framework to answer three questions: (1) Are errored tickets more likely to be issued in neighborhoods with higher proportions of Black or Latinx residents? (2) Are errored tickets more likely to be issued by patrol officers as opposed to parking enforcement officers? and (3) Does ethnoracial composition moderate the relationship between ticketing authorities and errored tickets? The implications of our findings (1) quantitatively trouble the ontological assumptions of data that are defined from a policing standpoint and (2) underscore an adjudicative process that routinely sanctions drivers without cause.

Socius: Sociological Research for a Dynamic World, March 2023. 19p.

By Susan Olzak

An underlying premise of democratic politics is that protest can be an effective form of civic engagement that shapes policy changes desired by marginalized groups. But it is not certain that this premise holds up under scrutiny. This paper presents a three-part argument that protest (a) signals the salience of a movements’ focal issue and expands awareness that an issue is a social problem requiring a solution, (b) empowers residents in disadvantaged communities and raises a sense of community cohesion, which together (c) raise costs and exert pressure on elites to make concessions. The empirical analysis examines the likelihood that a city will establish a Civilian Review Board (CRB). It then compares the effects of protest and CRB presence on counts of officer-involved fatalities by race and ethnicity. Two main conjectures about the effect of protest are supported: Cities with more protest against police brutality are significantly more likely to establish a CRB, and protest against police brutality reduces officer-involved fatalities for African Americans and Latinos (but not for Whites). But the establishment of CRBs does not reduce fatalities, as some have hoped. Nonetheless, mobilizing against police brutality matters, even in the absence of civilian review boards.

American Sociological Review. 86(6): 2021.

By Jesse Jannetta, Sino Esthappan, Jocelyn Fontaine, Mathew Lynch , and Nancy G. LaVigne

Many communities throughout the United States that face high levels of crime and concentrated disadvantage—particularly communities of color—also struggle with high levels of mistrust in the police and strained police-community relations. Recognizing that a lack of legitimacy and community trust in policing was a serious and persistent problem with deep historical roots, and that addressing that problem required a wellresourced, multidimensional approach combining proven practices with new tools and approaches, the US Department of Justice launched the National Initiative for Building Community Trust and Justice. Led by John Jay College of Criminal Justice’s National Network for Safe Communities (NNSC), and in partnership with the Center for Policing Equity (CPE), Yale Law School (YLS), and the Urban Institute, the National Initiative for Building Community Trust and Justice (National Initiative) brought together practitioners and researchers to deliver a suite of interventions focused on law enforcement and community members in six cities: Birmingham, Alabama; Fort Worth, Texas; Gary, Indiana; Minneapolis, Minnesota; Pittsburgh, Pennsylvania; and Stockton, California. Core National Initiative interventions included (1) training and technical assistance for police officers on engaging with residents in a procedurally just manner, (2) trainings that encouraged officers to understand and mitigate implicit biases, (3) developing model police department policies and identifying key changes to extant policies, and (4) reconciliation discussions, during which police officers and community members had authentic conversations to acknowledge historic tensions, harms, and misconceptions and to repair relationships. The Urban Institute evaluated the National Initiative’s implementation and impact to inform potential replications and/or modifications of the initiative’s components, and to guide future research on police efforts to build community trust. The evaluation focuses on National Initiative activities occurring from January 2015 through December 2018. Researchers collected the following qualitative and quantitative data to support the evaluation: ◼ monthly teleconferences among members of the National Initiative implementation team that included partners from CPE, NNSC, and YLS ◼ publicly available information and media coverage of the National Initiative and issues pertaining to police-community relations in the pilot sites ◼ fieldwork that included observations of National Initiative activities and interactions between National Initiative partners and site stakeholders ◼ routine teleconferences with site coordinators, police chiefs, and other stakeholders ◼ documents provided by the sites and National Initiative partners ◼ semistructured interviews with police and community stakeholders in each site ◼ learning assessment surveys of officers receiving National Initiative trainings in each site ◼ surveys of residents in areas with high levels of concentrated crime and poverty/disadvantage in each site The implementation evaluation focused specifically on the successes and challenges of the collaboration among the National Initiative partners, participating police departments, and communities.

Washington, Urban Institute, 2019. 112p.

By New York University School of Law, Policing Project

In response to the Gideon’s Army report indicating racial disparities in traffic stops, and the shooting of Jocques Clemmons, the Nashville Mayor’s Office asked the Policing Project to help develop strategies to address the disparities and improve community-police relations in Nashville. The Policing Project is an organization devoted to front-end democratic accountability to assure just and effective policing. The Policing Project talked with dozens of Nashville residents about their experiences with policing. Based on those conversations, we proposed to conduct a thorough assessment of the costs and benefits of using traffic stops to address crime. And we suggested that the City create a Steering Committee to guide work around community-police engagement and policing in Nashville. We conducted the traffic stop data work in collaboration with the Stanford Computational Policy Lab (SCPL), whose researchers performed the analysis. (The SCPL team’s more detailed report is included here as Appendix B.) The Metropolitan Nashville Police Department (MNPD) provided the necessary data, and has from the beginning shown a strong commitment to re-evaluating its traffic stop strategies and developing alternatives that can achieve public safety with fewer social costs. As the SCPL report shows, and as we summarize below, there are indeed notable racial disparities in traffic stops in Nashville. These disparities are higher for traffic stops around non-moving violations, such as broken taillights or expired tags. Disparity, however, is not necessarily evidence of discrimination. Any number of neutral factors, including officer deployment patterns or differences in rates of offending, may explain these and other disparities in the criminal justice system. MNPD explains these racial disparities in traffic stops on the ground that officers go where the crime is, and that in Nashville, high-crime neighborhoods tend to have larger minority populations. The SCPL analysis bears this out. However, even controlling for crime, unexplained racial disparity still remains. More importantly, the SCPL report shows that traffic stops are not an effective strategy for reducing crime. In particular, MNPD’s practice of making large numbers of stops in high crime neighborhoods does not appear to have any effect on crime. We make a number of recommendations, including that MNPD: • reduce the number of traffic stops • acknowledge black residents have been disproportionately affected by MNPD’s stop practices • monitor racial disparities on an ongoing basis • redeploy officer resources toward more effective crime-fighting tools • consider adopting a Neighborhood Policing strategy • post its department policies online • conduct a review of certain key policies such as use of force • conduct a review of training around use of force, traffic stops, and procedural justice • adopt a body camera policy with attention to transparency regarding the release of body camera footage In addition, we suggest that Nashville engage in a public process of strategic planning around public safety, bringing together the voices of the community and MNPD officials in doing so.

New York: Policing Project, 2023. 27p.

By Uttara M Ananthakrishnan, Jason Chan, Yicheng Song

One of the most acute social justice problems in the United States is the direct conflict between police and minorities. Media coverage of police brutality instances not only allow such inequitable practices come to light, but is an important step towards the reform of inappropriate policing. However, it is theoretically unclear whether the reporting of excessive use of police force on minorities can have a tangible impact on subsequent policing outcomes. In this paper, we aim to answer the question of whether and how digital news on police brutality is effective in shaping subsequent police actions. To address this question, we construct a cross-sectional dataset of news reports of police violence and police traffic stop records. Under a difference-in-difference framework, we find that news reports on police brutality reduces police stops of minorities. Additionally, we find that news with sad frames are more effective in effectuating change in policing behaviors. Finally, we learn that the impact of news reports are less effective in minority-dominated areas and high-crime areas.

SSRN 2022. 40p.

By Seleeke Flingai, Mona Sahaf, Nicole Battle, and Savannah Castaneda

The murder of George Floyd in May 2020 spurred a national reckoning around how Black people are viewed and treated by law enforcement and the criminal legal system. Some elected officials, prosecutors, and police have acknowledged their moral responsibility to pursue racial justice by examining racial disparities and inequities. This report addresses one such practice—non-traffic-safety stops. These occur when police stop and detain people for minor traffic violations that pose no identifiable risk of harm to people outside of the vehicle. Vera partnered with the Suffolk County (Massachusetts) District Attorney’s Office from July 2020 to March 2022 to study racial disparities in the criminal legal system. Vera’s analysis revealed that non-traffic-safety stops in Suffolk County are worsening racial disparities in traffic enforcement. This report shares findings from Vera’s analysis, along with proposed solutions that prohibit or deter such stops.

New York: Vera Institute of Justice 2022. 37p.

By Public Safety Canada

This report presents the results of the evaluation of the First Nations and Inuit Policing Program (FNIPP).

What we examined

The purpose of the evaluation was to assess the continuing need (relevance), achievement of outcomes (effectiveness) and efficiency of program administration of the FNIPP. The evaluation covered the period from fiscal year 2015-16 to 2020-21 and was conducted in accordance with the Treasury Board Policy on Results and Directive on Results.

What we found

Positive perceptions of safety were found in communities with FNIPP-funded police services. Survey data shows 87% of respondents from communities with SA agreements and 77% of respondents from communities with CTA agreements felt very safe or reasonably safe.

Crime rates for First Nations and Inuit communities continue to be higher than in other Canadian communities, and there is an overrepresentation of Indigenous peoples in the criminal justice system as both victims and offenders. Moreover, prior to increased program funding announced in Budget 2021, the FNIPP’s allocated budget and existing authorities did not support program expansion and one-third of eligible communities do not have access to FNIPP-funded policing services. As such, there is a continuing need to strengthen and expand Public Safety Canada (PS) support of policing arrangements provided through the FNIPP.

The finite amount of the Program’s allocated budget has led to underfunding of FNIPP-funded policing agreements. As a result, the scope and nature of policing services that are available to participating communities are limited and face ongoing operational challenges that hamper the working conditions of FNIPP-funded officers and can impact their physical and mental wellbeing. This can have long-reaching effects on the public safety of communities with FNIPP-funded policing services. Other aspects of the contribution agreement funding model, including the time-limited nature of agreements, expense eligibility and the FNIPP’s fiscal framework, by which funding allocations are determined, were found to exacerbate these issues as well.

Limited program resources were also found to impact the implementation of culturally appropriate and responsive policing services in communities with FNIPP policing agreements. Two key areas requiring increased PS support were identified for improvement, these are: the formal mechanisms to facilitate community-police engagement which are required under FNIPP contribution agreements (i.e. CCGs and police boards/commissions); and encouraging the development, implementation and sharing of best practices for localized, community-specific cultural training activities for police service providers.

The Federal Government has recognized there are gaps in the current funding model and has mandated the Minister of Public Safety to co-develop, with the Minister of Indigenous Services, a legislative framework that recognizes First Nations policing as an essential service and for PS to expand and stabilize the FNIPP. Accordingly, funding to support these activities was identified in Budget 2021 and work is underway to meet these commitments.

Efforts to improve engagement, transparency and flexibility in governance and administrative processes were noted over the past five years. These included a stakeholder engagement process to inform agreement renewals; a collaborative process, co-developed with PT funding partners to allocate additional officer positions; and updated Terms and Conditions increasing the maximum amount payable to SA police services to alleviate operational pressures resulting from emergency situations, such as response measures related to the COVID-19 pandemic.

Some concerns were raised with respect to PS’s management of key stakeholder relationships. These included timely agreement renewal negotiations with funding partners. PS was also found to not sufficiently engage in renewal negotiations with funding recipients and communities have limited input and access to FNIPP governance structures. As well, PS continues to experience ongoing challenges with inconsistent collection and monitoring of performance data.

Recommendations

While work is underway to co-develop a legislative framework for First Nation policing, the evaluation findings also support the need for First Nations policing to be recognized as an essential service. In support of this work, Public Safety should:

1. Examine options for other funding mechanisms beyond the contribution agreement model, in consultation with all implicated stakeholders.

2. Ensure that formal mechanisms to facilitate community-police engagement (i.e. Community Consultative Groups and police boards/commissions), which are required under FNIPP contribution agreements, have the appropriate support to identify community safety priorities and facilitate effective engagement between communities and their police services.

3. Develop, implement and monitor a consistent performance measurement and data collection strategy, that does not unnecessarily burden recipient communities and provides relevant and timely information to communities/police services, and decision makers.

4. Explore, with partners and communities, opportunities to support and encourage the sharing of best practices in localized cultural training activities for FNIPP-funded police services.

© Her Majesty the Queen in Right of Canada, as represented by the Minister of Public Safety and Emergency Preparedness, 2022. 42p.

By Marie Pryor, Kim Shayo Buchanan, and Phillip Atiba Goff

Swencionis & Goff identified five situations that tend to increase the likelihood that an individual police officer may behave in a racially disparate way: discretion, inexperience, salience of crime, cognitive demand, and identity threat. This article applies their framework to the realities of police work, identifying situations and assignments in which these factors are likely to influence officers’ behavior. These insights may identify opportunities for further empirical research into racial disparities in such contexts and may highlight institutional reforms and policy changes that could reduce officers’ vulnerability to risks that can result in racially unjust actions.

Annual Review of Law and Social Science , 16: 341-360. 2020.

By Yvon Dandurand, Paul Maxim and Darryl Plecas

Strained police relations with visible minorities are reflected in the fact that these minorities are much less likely than other citizens to view the police as legitimate, fair, or trustworthy, or to report crime to the police. Police in and outside of Canada have long understood the importance of improving their relationship with minorities, and in this regard, they have undertaken multiple initiatives intended to improve minority-police relations. Considerable resources and energy were devoted to trying to enhance police relationships with various visible minority groups. These efforts have included extensive outreach initiatives, force-wide sensitivity training for police officers, substantial recruitment and promotion of minorities, and policy changes relating to police practices. Have those efforts made any significant difference in how visible minorities view the police? This study was undertaken as a step toward understanding how the relationship between police services and their host communities has evolved over the years. It examined the extent to which police efforts aimed at improving police-minority relations over the past 20 years have improved perceptions of the police among visible minority groups in Canada (with special attention to British Columbia). More specifically, the study examined the degree to which attitudes of visible minorities over that 20-year period between 1999 and 2019 can be distinguished from those of the overall population in Canada and British Columbia – with special attention to the matter of crime victims’ contacts with police. The core analysis for this study involved a comparison of data from Statistics Canada’s General Social Survey (GSS) panels on Canadians' Safety (Victimization) conducted in 1999, 2004, 2009, 2014 and 2019. The findings of the analysis tell a simple story. The GSS national data collected over a period of twenty years do not show significant improvements in how visible minorities in British Columbia and in Canada perceive the police. Visible minorities hold more negative views of police behaviour than non-minorities. Minorities are less likely than non-minorities to agree that police treat people fairly or do a good job in approaching people. Since the turn of the century, minorities’ views of police behaviour and fairness have generally worsened. Notably, by 2019 those views had become more negative than at any time in the previous twenty years. By then, survey results indicated that less than half of visible minorities agreed that police treat people fairly and do a good job in the way they approach people.

Vancouver, BC: International Centre for Criminal Law Reform and Criminal Justice Policy, 2022.62p.

By Foster & Associates

  In January 2022 York Regional Police (YRP or ‘the Service’) contracted Foster & Associates to ‘review and report on the provision of recommendations and best practices to enable York Regional Police to build and improve relationships with Black, Indigenous and other racialized communities’. The York Regional Police Board (YRPB or ‘Board’) identified recommendations made at its meeting on September 23, 2022 with the Black community and developed a list of 51 recommendations in total, 43 of which fell within the responsibilities of the Service. A preliminary document was tabled by the Chief with the Board on April 14, 2021 that identified activities already undertaken and in progress, signaling the intent to continue consulting with the Black community to advance positive change that builds trust and confidence in policing  

  Foster & Associates, 2023. 98p.  

By The City of Dallas,

A three-year study released Thursday from the Dallas Office of Community Police Oversight looked at low-level offense arrests and showed there were disparities in those types of arrests for Black people compared to the city's Black population. The study from the oversight office looked at public data to analyze low-level arrests in Dallas and shared recommendations to lessen the impact of misdemeanor enforcement on the community, police department and city resources, the report said. Most low-level custodial arrests during the three-year study period were public intoxication, possession of marijuana, and criminal trespass, the report said. The report outlined how Black residents are more often arrested for low-level offenses like public intoxication, low-level drug-related arrests, disorderly conduct and criminal trespass which the report claims "are not a public safety threat." It also recommended that the Dallas Police Department should officially de-prioritize low-level arrests in their policy, including marijuana, possession, public intoxication and criminal trespass arrests when the offense doesn't involve a felony charge or Class A or Class B offense.

Office of Community Police Oversight

By The Leadership Conference Education Fund, et al.

In 2021, The Leadership Conference Education Fund (The Education Fund), in partnership with the City of Dallas Office of Community Police Oversight (OCPO), released a report on misdemeanor arrests by the Dallas Police Department (DPD) titled “Public Safety in Dallas: An Analysis of Racial Disparities in Low-Level Arrests.”1 That report highlighted the disproportionate enforcement of misdemeanor offenses on Black and Brown residents. Since the publication of that report, there have been encouraging steps taken by DPD to decriminalize misdemeanor marijuana possession based on the report’s recommendation on low-level misdemeanor enforcement.2 As of April 2021, DPD introduced a change to their internal General Orders, 313.05, which states that given the right conditions (which include no intent to distribute, no companion charges besides a warrant hold, or there is a companion felony drug charge)3 DPD should no longer arrest or cite an individual with possession of marijuana indicative of personal use, which is considered 2 ounces or less. As a follow-up to the initial report, The Education Fund has once again partnered with a group of engaged advocates in Dallas to develop this report. This new publication reviews arrest data from 2018 through 2022 and provides an analysis of the impact of DPD’s instituted general order, which discontinues most arrests of marijuana possession of 2 ounces or less. Like the first report, this one also provides an analysis of other misdemeanor arrests to identify opportunities to minimize police interaction for misdemeanor nonviolent offenses, continue decriminalization of misdemeanor offenses, and eliminate disproportionate police arrests of residents of color by the Dallas Police Department. These insights are useful in order to adjust laws, practices, and procedures to align with a more fair and equitable public safety system in Dallas.

Dallas: Office of Community Police Oversight, 2023. 40p.

Katie Blum and. Jill Paperno

In recent years our country has faced a racial reckoning. One of the areas of focus has been racial bias in policing. In the following pages we will address the law enforcement practice of pretext stops – stopping individuals for a reason that may not be lawful but using a low-level traffic or other violation to justify the stop. The following report is our working draft of what will later be released as a comprehensive review of pretext stops in New York. In the coming months, Empire Justice Center will be gathering more information and feedback that will be incorporated into later reports. In Section III, the Introduction to this Report, we recognize that of the approximately 1,000 deaths of civilians during police-civilian encounters each year, approximately 10% occur during low-level traffic stops. We explain what pretext stops are, and how they came to be an integral part of modern policing. We preview the harm caused by pretext stops, further discussed in Section VII. In Section IV, Racial Bias and the Data, we review information gleaned from numerous studies, as well as two books – Pulled Over: How Police Stops Define Race and Citizenship, by Charles Epp, Donald Haider and Steven Maynard-Moody, and Suspect Citizens: What 20 Million Traffic Stops Tell Us about Policing and Race, by Frank Baumgartner, Derek Epp and Kelsey Shoub. These sources demonstrate that pretext stops are executed far more frequently on People of Color, with most studies focusing on Black and white drivers. Additionally, once stopped, Black drivers are more likely to be searched than white drivers. In Section V, The Law and Pretext Stops, we explain the cases that have led to the conclusion that absent proof of discriminatory intent on the part of a law enforcement officer, a high bar to reach, pretext stops are lawful. In Section VI, The Community Safety Question, we address findings that pretext stops provide minimal enhancement of community safety, reviewing studies that have addressed the frequency of seizure of contraband, as well as arrests and charges of individuals stopped. In Section VII, The Harms Caused by Pretext Stops, we consider whether these minimal community safety benefits are worth the many harms caused by pretext stops – racial disparities in how policing occurs, civilian deaths, officer deaths, and the resulting lack of trust in law enforcement and the criminal justice system. In Section VIII, Pretext Stops in Rochester, N.Y., we focus on the types of offenses that are the basis for some pretext stops in Rochester, New York, a city that has faced rising tension and civilian opposition to policing in recent years, and the racial disparities as well as geographic disparities in where these stops occur. We also review some of the statements and implicit recognition of racial disparities in policing by community leaders who have considered pretext stops.

Albany, NY: Empire Justice Center, 2023. 71p.

By The Virginia Advisory Committee to the U.S. Commission on Civil Rights

On February 18, 2021, the Virginia Advisory Committee (Committee) to the U.S. Commission on Civil Rights (Commission) adopted a proposal to undertake a study of police oversight and accountability in the Commonwealth. The focus of the Committee’s inquiry was to examine law enforcement accountability and oversight structures in Virginia to better understand their effectiveness and impact. From a civil rights perspective, the Committee sought to consider the role such accountability structures have in ensuring equal protection of the laws and in the administration of justice, and the impact they may have on any disparities in police contact and use of force based on race, color, sex, disability, and national origin. As part of this inquiry the Committee heard testimony via video conference held in a series of eight public meetings that took place between July 2021 and May 2022.1 The following report results from a review of testimony provided at these meetings, combined with written testimony submitted during this timeframe. It begins with a brief background of the issues to be considered by the Committee. It then identifies primary findings as they emerged from this testimony. Finally, it makes recommendations that address related civil rights concerns. This report focuses on civil rights and police accountability structures in Virginia. While other important topics may have surfaced throughout the Committee’s inquiry, matters that are outside the scope of this specific civil rights mandate are left for another discussion. This report and the recommendations included within it were adopted by a unanimous vote of the Committee members present at the Committee meeting on May 31, 2023. 2

Washington, DC: USCCR, 2023. 57p.

John R. Pamplin II, Saba Rouhani,, Corey S. Davis, Carla King, and Tarlise N. Townsend,

The US overdose crisis continues to worsen and is disproportionately harming Black and Hispanic/Latino people. Although the “War on Drugs” continues to shape drug policy—at the disproportionate expense of Black and Hispanic/Latino people—states have taken some steps to reduce War on Drugs–related harms and adopt a public health–centered approach. However, the rhetoric regarding these changes has, in many cases, outstripped reality. Using overdose Good Samaritan Laws (GSLs) as a case study, we argue that public health–oriented policy changes made in some states are undercut by the broader enduring environment of a structurally racist drug criminalization agenda that continues to permeate and constrict most attempts at change. Drawing from our collective experiences in public health research and practice, we describe 3 key barriers to GSL effectiveness: the narrow parameters within which they apply, the fact that they are subject to police discretion, and the passage of competing laws that further criminalize people who use illicit drugs. All reveal a persisting climate of drug criminalization that may reduce policy effectiveness and explain why current reforms may be destined for failure and further disadvantage Black and Hispanic/Latino people who use drug

Am J Public Health. 2023;113(S1):S43–S48. https://doi.org/ 10.2105/AJPH.2022.307037)