Testing the racial profiling hypothesis for seemingly disparate traffic stops on the New Jersey Turnpike

This paper describes two studies designed to produce benchmark values with which to compare police stop data in an effort to assess racial profiling. Racial profiling is often measured by comparing the racial and ethnic distribution from police stop rates to race and ethnicity data derived from regional census counts. However, benchmarks may be more appropriate that are based on (1) the population of drivers or (2) the population of traffic violators. This research surveyed drivers on the New Jersey Turnpike and produced benchmark distributions reflecting these two populations. Benchmark values then were compared to police stops collected from State Troopers patrolling the Turnpike. The results revealed that the racial make‐up of speeders differed from that of nonspeeding drivers and closely approximated the racial composition of police stops. Specifically, the proportion of speeding drivers who were identified as Black mirrored the proportion of Black drivers stopped by police. This finding may explain the differences found between police stop rates and regional census data that are often interpreted as evidence of racial profiling. Interpretation and limitations of the results are discussed.     

Searches

ABSTRACT

Racial profiling is an important issue in contemporary policing. Racial profiling research has primarily involved two things: (1) examining traffic stop data, and (2) using a benchmark or baseline in the discovery of racial profiling. A smaller literature has examined the searches to uncover racial profiling. The purpose of the present study is to examine traffic stop data-in particular searches-in understanding racial profiling. Using data more than 40,000 traffic stops from Louisville, Kentucky, the present study found that race is one of many factors that are used in the determination of a search. The policy implications of this finding are discussed.     

Theory and racial profiling: Shortcomings and future directions in research

The volatile political environment that surrounds the issue of “racial profiling” has led local and state police agencies across the nation to start collecting information about traffic and pedestrian stops. The controversy over this issue is overwhelmed by the unsupported assumption that all race-based decision making by police officers is motivated by individual police officers' racial prejudice. This article reviews recently published studies on racial profiling and critiques both their methods and conclusions. Using the conceptual framework for police research presented by Bernard and Engel, it reviews a number of theories that may explain racial disparities in the rates of police stops. The authors argue that to explain police behavior better, theoretical models must guide future data collection efforts.     

Assessing the Effect of Race Bias in Post-traffic Stop Outcomes Using Propensity Scores

   In response to community demands, case settlements, and state laws concerning racial profiling, police departments across the nation are collecting data on traffic stops. While the data collection is rapidly moving forward, there are few if any agreed upon methods for analyzing the data. Much of the attention has been on benchmarks for the race distribution of stops and searches. Little empirical work has advanced our understanding of the influence of race in the post-stop activities of police. The present study proposes a propensity score technique to determine the extent to which race bias affects citation rates, search rates, and the duration of the stop. Adjusting for confounding variables using the propensity score offers an alternative to multivariate regression that is more interpretable, less prone to errors in model assumptions, and ultimately easier to present to stakeholders in policing practices. An analysis of traffic stop data from the City of Oakland, California demonstrates the process, presentation, and interpretation of the results that the methodology produces. Ultimately, the study addresses the extent to which race plays a role in officers’ use of discretion.

POLICING RACE: THE RACIAL STRATIFICATION OF SEARCHES IN POLICE TRAFFIC STOPS*

Research on race effects in police traffic stops is theoretically underdeveloped. In this study, we derive propositions from Donald Black's theory of law to explain the interaction effects of officer and driver race on searches in traffic stops in St. Louis, Missouri. Our citywide results and those for stops in predominantly White communities are generally consistent with the theory: Searches are more likely in stops of Black drivers than in those of White drivers, especially by White officers, controlling for other characteristics of the officer, driver, and stop. In predominantly Black communities, however, stops of White drivers by White officers are most likely to result in a search. We interpret both sets of results as manifestations of racial profiling in segregated communities and suggest that Black's theory of law remains a promising theoretical framework for future research on the continuing significance of race‐based policing in the United States.     

Driving racial profiling research forward: Learning lessons from sentencing research

Discretion is an integral component of the criminal justice system and is exercised by both police and the judiciary. Based on the extant research, evidence of racial/ethnic disparities within the context of traffic stops and sentencing decisions has been documented. Due to its long history of inquiry, sentencing research has developed a more thorough understanding of disparity and its correlates. This article contends that racial profiling research could expedite its development by learning from the history of sentencing research. Specifically, the extant research on sentencing decisions has demonstrated the value and utility of theory and methods as pillars of knowledge development. Therefore, progress in racial profiling research is most likely accomplished by employing similar theoretical frameworks and appropriate quantitative and qualitative approaches.     

Racial Disparity in Police Stop and Searches in England and Wales

Data published by the United Kingdom’s Ministry for Justice clearly shows that, compared to persons who were White, members of racial minorities in England, particularly Blacks, were far more likely to be stopped and searched by the police. The question is whether such racial disparity in stops and searches could be justified by racial disparities in offending? Or whether the disparity in stop and searches exceeded the disparity in offending? This paper proposes a method for measuring the amount of excess in racial disparity in police stop and searches. Using the most recently published Ministry of Justice data (for 2007/08) for Police Areas in England and Wales it concludes that while in several Areas there was no excess to racial disparity in police stop and searches, there was, on the basis of the methodology proposed in the paper, evidence of such excess in some Police Areas of England and Wales.     

DRIVING WHILE BLACK: BIAS PROCESSES AND RACIAL DISPARITY IN POLICE STOPS*

We estimate the degree of racial disparity in police vehicular stops separately for local and state police in North Carolina in the year 2000. We introduce four mechanisms that might produce racial disparities in police stops—racial profiling, race sensitive police deployment, cognitive bias and stereotyping, and prejudice. We then model the relative odds of police vehicle stops as a function of race, driving behavior, and other demographic statuses separately by police organization type, with controls for omitted variable bias at both the driver and spatial level. We find only weak evidence of racial disparity in stops by officers of the state highway patrol but stronger evidence in those made by local police officers.     

Toward a better understanding of racial and ethnic disparities in search and seizure rates

Recent studies demonstrated a consistent research finding that compared to Caucasian motorists, Black and Hispanic motorists were significantly more likely to be subjected to personal and/or vehicle searches during traffic stops, but significantly less likely to be found in possession of contraband. Explanations for these findings were typically based on speculation regarding officers' racial animus, bias, and discrimination. Unfortunately, very little is truly known about the reasons for these disparate patterns in police behavior. This article presents an alternative explanation for the reoccurring findings of racial/ethnic disparities in searches and seizures, based on research findings regarding the accuracy of clues of deception and suspicious behavior taught to officers through highway criminal interdiction training. These research findings are used to develop a hypothesis that could account for the patterns of racial/ethnic disparities in search rates. The implications for future research and policing policies based on this hypothesis are discussed.     

Did Post-Floyd et al. Reforms Reduce Racial Disparities in NYPD Stop,Question, and Frisk Practices? An Exploratory Analysis Using External and Internal Benchmarks

Various methodological approaches to constructing external and internal benchmarks have been applied to estimate racial bias in police stop, question, and frisk (SQF) patterns. We apply an external benchmark of the race of the residential population and an internal benchmark of similarly-situated stops to estimate if racial disparities in New York City SQF data were impacted by the Floyd, et al. v. City of New York court settlement. We find that after the settlement, the racial composition of census tracts were no longer significant predictors of the stop rate after controlling for reported crime, socioeconomic factors, and police precincts. We further find that differences in SQF outcomes and hit rates between Blacks and Hispanics and similarly-situated others diminished substantially after the settlement. These findings suggest that court reforms may be an effective method for reducing racial disparities in SQF patterns.     

Race matters: A critical look at racial profiling, it's a matter for the courts

The disproportionate number of minority motorists stopped by the police gives rise to a host of salient questions which center on contemporary police practices. Research has shown that traffic stops are routinely used as a “pretext” to stop minority drivers. In this article, the authors argue that the current police practice of disproportionately stopping minority motorists was formally sanctioned by the Supreme Court in Whren v. United States (1996). The current thrust to examine police practices will do little to end racial profiling, and the underpinnings of this problem, in part, lie in judicial precedent. The authors present the notion that in order to minimize racial profiling, the court must carve out an objective test from the Whren decision that will guide police behavior in the pretextual stops of motorists. The article concludes with a template of what this objective test may look like.     

Speeding While Black? Assessing the Generalizability of Lange et al.’s (2001, 2005) New Jersey Turnpike Speeding Survey Findings

Across three months during 2001, Lange, Blackman, Johnson and Voas collected data from the New Jersey Turnpike to determine whether there were differences in speeding behavior grounded in race and ethnicity, while controlling for age and gender. They reported that Black drivers were more likely to speed at high rates (15 mph or more over the speed limit) in 65 mph speed zones, as were young drivers and male drivers. In the scholarly report of their research, Lange and colleagues concluded: “our research offer[s] a plausible explanation for the findings that Black drivers are represented among traffic stops at a higher rate than they are represented in the population.” The present research assesses the generalizability of the findings reported by Lange and colleagues using data reported by Massachusetts State Police officers during April and May of 2001. We also find that Black drivers, young drivers, and male drivers are more likely to speed at high rates in 65 mph speed zones. We therefore remind scholars that Lange and colleagues’ findings and our own are entirely consistent with theory and research on the correlates of law violative actions. Our fundamental conclusion, however, is that more research is needed to determine whether traffic stops for Driving While Black are in small part the result of Speeding While Black.     

Forensic human identification: Investigation into tooth morphotype and DNA extraction methods from teeth

When a body is decomposed, hard tissues such as teeth may provide the only DNA source for human identification. There is currently no consensus as to the best DNA extraction method, and there is a lack of empirical data regarding tooth morphotype and condition that may impact DNA recovery. Therefore, this study sought to investigate which variables significantly improved DNA concentration, integrity and profiling success. A total of 52 human teeth were assessed, representing all tooth morphotypes from three deceased individuals. DNA was extracted using both the QIAamp® DNA Investigator Kit and the phenol-chloroform method. DNA concentration and degradation index were assessed using real time PCR, prior to conventional DNA profiling. Contrary to international guidelines promoting the use of molars, DNA profiling from molars was the least successful, with premolars, followed by canines, performing the best. The presence of fillings reduced the DNA quantity and quality obtained and may explain the poor performance of molars. DNA from the maxillae were significantly less degraded when the QIAamp® was used, although this did not influence DNA profiling success. A significant increase in DNA concentration, integrity and profiling success was observed in diseased teeth (periodontitis) compared to those without disease. This may be due to increased white blood cell presence at the site. There was no significant difference in DNA profiling success between the two DNA extraction methods. However, different teeth yielded failed DNA profiles for each extraction method, suggesting that repeated attempts, using alternative DNA extraction methods, is recommended. The recovery of additional DNA profiling information from degraded samples may help to ultimately reduce the burden of unidentified human remains.     

Emotions,reason, and character

Utilizing a contractualist framework for understanding the basis and limits for the use of force by police, this article offers five limiting principles—respect for status as moral agents, proportionality, minimum force necessary, ends likely to be accomplished, and appropriate motivation—and then discusses uses of force that violate or risk violating those principles. These include, but are not limited to, unseemly invasions, strip searches, perp walks, handcuffing practices, post-chase apprehensions, contempt-of-cop arrests, overuse of intermediate force measures, coerced confessions, profiling, stop and frisk practices, and the administration of street justice.     

Spatial position of the cranium in craniofacial establishment of identity

A total of 90 images of male cranes from different groups of horizontal profiling (120 +/- 10 degrees, 140 +/- 10 degrees, 160 +/- 10 degrees) were studied in experiment with the coordinate-controlled complex for turning angle (from the position full face to the right and left by 14 degrees with spacing 2 degrees). Each image was marked according to the system of 18 control points. Precision of the angle fixation was 0.1 degrees. Calculation of the angles of horizontal profiling and turning of the crane were made according to a specially devised program INPUTTING. Statistic processing of the computer data base made it possible to calculate precision rates of marking points and regression equation describing the pattern of cranial control points in turning. It is shown that presicion of the turning angle estimation with reference to horizontal profiling is much higher than without it. Basing on the data obtained a method of zeroing of coordinates of the control points (placing in position for correct scaling of the objects of craniofacial identification) was devised. The method allows greater reliability of the results of personal craniofacial identification.     

The intersection of racial profiling research and the law

There has been a significant increase in the litigation of selective enforcement cases based on racial profiling claims. This trend has resulted in two legal issues that are problematic for racial profiling research. First, selective enforcement claims that rely on statistical evidence must successfully measure “similarly situated persons” who were eligible for police stops to provide a comparison against those actually stopped by police. Second, the research must demonstrate “how much” statistical evidence of racial/ethnic disparities exists. Although these legal components are necessary for successful selective enforcement claims, the methodologies and statistical analyses currently used in racial profiling research cannot adequately address these issues. It is argued that the over-reliance on social science research, in general, and statistical techniques, specifically, to provide evidence of discrimination in selective enforcement cases places policing research and legal decision making at a crossroads.     

How Do the Laws of Probability Constrain Legislative and Judicial Efforts to Stop Racial Profiling?

Faced with pending legislation and litigation, numerous jurisdictionshave begun programs to monitor a range of traffic stop outcomes,focusing on variation by race or ethnicity. Existing programs,however, ignore the unequal outcomes that motivate oppositionto racial profiling. Statistical relationships limit the abilityof public policy to equalize the various outcomes, even if officersdo not engage in racial profiling to "any extent or degree."This article demonstrates relationships among five outcomesthat are or should be considered when policy on racial profilingis formulated: search rates, find rates, thoroughness of search,rates of detention of the innocent, and rates of apprehensionof the guilty. Once decisions are made as to how to balancedesires for equality of each of these outcomes, problems remainthat are common to statistical assessments of pattern- or practice-of-discriminationclaims.     

Policing labor: the power of private security guards to search workers in Brazil

The losses caused by worker theft is one of the most concerning security problems for corporations. Private policing of the workplace is central to cutting down on such losses and keeping up profits. One of the most frequently used methods in such policing is searching workers. Despite the importance of searches and their potential for intrusion into individuals’ right to privacy, the normative bases for and limits to the use of this power have so far been little studied. The aim of this paper is to analyze the legal foundations and limits imposed by the Brazilian State so that private security guards can conduct searches in the workplace. The analysis is based on a qualitative study of Brazilian labor law and a qualitative/quantitative study of 376 judicial decisions on searches collected randomly in two Brazilian states between 2010 and 2013. The data shows that searches can be conducted in the workplace based on the employer’s right to manage production and protect their property. It also indicates the existence of relatively flexible limits to searches. Only a minority of the courts impose restrictions on searches similar to those set for police officers. Most judges allow more extensive searches than those permitted within the scope of public justice systems. The consequences of these findings are discussed.     

Police Misconduct,Media Coverage,and Public Perceptions of Racial Profiling: An Experiment

The purpose of this study was: (1) to assess the impact of an incident of racial profiling on residents’ attitudes about profiling; and (2) to examine the effects of exposure to a video clip of deliberation about the incident on residents’ beliefs about the causes of profiling. All residents, White and minority, were less likely to believe that Chicago police officers engaged in profiling after the incident. These findings suggest that attitudes about the prevalence of racial profiling are susceptible to the manner in which the media construct incidents of police misconduct. Exposure to the video clip was not related to differences in residents’ beliefs about the causes of profiling, but was related to differences in perceptions of the dangerousness of traffic stops. The findings highlight the need for more research on how media constructions of police misconduct influence attitudes about profiling and impact community–police relations.     

Racial profiling and searches: Did the politics of racial profiling change police behavior?*

Research Summary Scholarly research has documented repeatedly that minority citizens are disproportionately stopped, searched, and arrested relative to their baseline populations. In recent years, policymakers have brought increased attention to this issue as law‐enforcement agencies across the United States have faced allegations of racial profiling. In the 1990s, the politics generated by accounts of racially biased policing placed heightened pressure on law‐enforcement agencies. However, to date, few studies have explored whether the increased social and political scrutiny placed on police organizations influenced or changed their general pattern of enforcement among black and white citizens. Using data in the search and citation file from the North Carolina Highway Traffic Study, this research specifically examined whether the politics generated by the media coverage of racial profiling and racial profiling legislation in North Carolina influenced the search practices of officers of the North Carolina State Highway Patrol's drug interdiction team. The findings suggest that media accounts and the passage of new legislation were particularly powerful influences, which thereby reduced racial disparity in searches. Declines in the use of consent searches and an increased probability of finding contraband also were influenced by the politics of racial profiling. Policy Implications The results of this study suggest several important policy recommendations. First, law‐enforcement agencies must monitor the policing practices of their officers because such supervision can influence officer compliance with fair and unbiased policing policies. Next, supervisors need to familiarize themselves with enforcement data to identify potential problem officers and organizational practices. By doing so, police organizations will not only increase officer accountability but also will potentially improve communication with their local communities. Such communication can empower community members to file charges against officers who violate their civil rights. Next, the media and political effects documented in this study suggest that external oversight can be particularly influential on police practices. Therefore, police agencies should consider developing a citizen complaint board, which is an external oversight board that would be responsible for investigating allegations against officers who engage in racial profiling or other racially biased enforcement practices. Such a board could assist police administrators in identifying problem officers as well as in making recommendations for corrective action. Finally, external social and political pressure must continually be placed on police forces to improve equity in police behavior. These external forces can assist in creating opportunities for police to increase the overall quality and efficacy of policing.