Applying Black's theory of law to crack and cocaine dispositions

Since crack cocaine first appeared on the streets of the United States, the criminal justice system has been overwhelmed with poor, minority drug offenders. This situation can be attributed in part to the existence of mandatory minimum sentences that treat violations associated with crack cocaine more harshly than those associated with powder cocaine. Using data from New York City, the present study uses Black's theory of law to help understand discrepancies in crack and cocaine dispositions. Results show mixed support for Black's propositions. Racial minorities are more likely to be charged with a felony and receive longer prison sentences compared to Whites. Implications of the study and directions for future research are discussed.     

POLICING,DRUGS, AND THE HOMICIDE DECLINE IN NEW YORK CITY IN THE 1990s*

This research reassesses the role of policing and drugs in the sharp homicide decline in New York City in the 1990s. Drawing on theoretical arguments about “broken windows” policing and lethal violence associated with the diffusion of crack cocaine, we estimate the effects of measures of misdemeanor arrests and cocaine prevalence on homicide rates with pooled, cross‐sectional time‐series data for 74 New York City precincts over the 1990–1999 period. The results of mixed regression models reveal a significant negative effect of changes in misdemeanor arrests and a significant positive effect of changes in cocaine prevalence on changes in total homicide rates. Additional analyses of homicide disaggregated by weapon indicate that the effects of misdemeanor arrests and cocaine prevalence emerge for gun‐related but not for non‐gun‐related homicides. Overall, the research generally supports influential interpretations of the homicide decline in New York City but also raises questions about underlying mechanisms that warrant more inquiry in future research.     

Race/Ethnic-Specific Homicide Rates in New York City: Evaluating the Impact of Broken Windows Policing and Crack Cocaine Markets

The current study evaluated a range of social influences including misdemeanor arrests, drug arrests, cocaine consumption, alcohol consumption, firearm availability, and incarceration that may be associated with changes in gun-related homicides by racial/ethnic group in New York City (NYC) from 1990 to 1999. Using police precincts as the unit of analysis, we used cross-sectional, time series data to examine changes in Black, White, and Hispanic homicides, separately. Bayesian hierarchical models with a spatial error term indicated that an increase in cocaine consumption was associated with an increase in Black homicides. An increase in firearm availability was associated with an increase in Hispanic homicides. Last, there were no significant predictors for White homicides. Support was found for the crack cocaine hypotheses but not for the broken windows hypothesis. Examining racially/ethnically disaggregated data can shed light on group-sensitive mechanisms that may explain changes in homicide over time.     

Ten years of "body packers" in New York City: 50 deaths

We reviewed all 50 body packer deaths in New York City from 1990 to 2001. The majority (37/50) of deaths were caused by acute intoxications due to open or leaking drug packets in the gastrointestinal tract. The number of packets recovered ranged from 1 to 111 (average 46). The weight of the combined packets ranged from 9.4 to 1,200 g (average of 377). The age ranged from 19 to 57 years (mean 37.1). The decedents were: 82% male, 66% Hispanic, 24% Black, and 10% White. The manners of death were 47 accidents, 1 homicide, 1 natural, and 1 undetermined. The causes of death included 42 acute intoxications, 5 intestinal obstructions/bowel perforations, 1 gunshot wound, 1 intracerebral hemorrhage due to hypertensive disease, and 1 undetermined. Of the 50 decedents, 42 were transporting opiates, 4 cocaine, and 4 both opiates and cocaine. There were 9 deaths from 1990-1995 and 41 from 1996-2001. Of the 41 deaths between 1996 and 2001, only 6 involved cocaine. In New York City there has been an increase in body packer deaths from the early 1990s to the late 1990s. Along with this increase is a marked predominance of opiate body packer deaths with few cocaine deaths.     

Cocaine and fetal death

Toxicologic screening for cocaine and its metabolites was performed on 103 cases of fetal death autopsied in the Office of Chief Medical Examiner, City of New York. In 64 cases cocaine or its metabolites were found in the blood or in the brain. Some malformations were also found. The study indicates that maternal use of cocaine may lead to abruptio placentae, abortion and fetal death. The importance of toxicologic examination in these deaths is emphasized.     

Analysis of cocaine-positive fatalities

A review of all autopsy and toxicology reports for persons dying in New York City in an 11-month period found 935 persons dying with cocaine in their bodies. Cocaine-positive fatalities were more likely in the young black and Hispanic and male population. In addition to cocaine and its metabolites, heroin and other opiates were found in 39% of persons and ethanol in 33% and barbiturates and minor tranquilizers in only 2% of the deceased. Cocaine overdose was responsible for 4% of the deaths and overdose with heroin and cocaine for 12% of the deaths. Violence was often the cause of death. Thirty-eight percent died of homicide, seven percent of suicide, and eight percent from accidents. Of particular interest were 6 persons who died of acute cardiac events directly related to cocaine as well as 4 cases of ruptured dissections of the ascending aorta, and 9 cases of cerebral hemorrhage. Autopsy findings for these individuals are described, and possible mechanisms of death are discussed.     

Where Did All of the Fields Go?

The loss of farmland each year due to development in New York State is astounding. Yet, agriculture remains an important part of the local economy and is essential in providing local food to New York residents. Many land-use protective measures that have been put in place such as large minimal lot-size zoning and agricultural districts have failed to slow down the rate of farmland lost each year. Conservation easements are a vital protective tool, but they require lots of private and public funding. This funding is necessary in order to ensure farmland for future generations. Before it is too late, New York needs to follow the lead of states such as Pennsylvania, which has shown an overwhelming commitment to protecting vital farmland.     

The Influence of the Popular Press on Criminal Justice Policy

Forty years ago Donald Taft suggested that newspapers advocate correctional methods in a manner which reflects popular opinion and personal editorial biases, rather than scientific fact. In order to test this hypothesis a content analysis of the New York Times was undertaken covering the period (1890–1914) when first the French Bertillonage System of criminal identification and later when the British fingerprint system was finally introduced into the New York State justice system. The findings of this study indicate that the personal editorial biases of the New York Times may have played a leading role in blocking an effective crime detection technique (fingerprinting) from the New York State justice system for at least a decade, and these biases may have been rooted more in an anti-British pro-French stance of the newspaper than in ignorance of scientific testing.     

Sharing governmental authority: Blue Cross and hospital planning in New York City.

Hospital planning in New York has been since the 1930s an intensely political process with high stakes. The leaders of Blue Cross and their allies used the hospital planning process in the city and the state as a means to extend and protect corporate authority in what they took to be the public interest. When Blue Cross was established in the 1930s, its leaders used the mechanisms of formal planning as part of their solution to pressing problems in the organization and distribution of hospital services. In the decade after World War II, Blue Cross had an immense impact on hospital planning in New York as a result of its growth and its underwriting policies. Conflicts between Blue Cross and state regulators beginning in the 1950s led to a new formulation of the politics of planning. Blue Cross became a partner with the state in regulating hospitals. The state and Blue Cross behaved as co-regulators until the 1980s. The interpretation in this paper revises the earlier accounts of health politics in New York by Law (1976) and Alford (1975).     

WOMEN IN THE STREET-LEVEL DRUG ECONOMY: CONTINUITY OR CHANGE?*

Images of women in the contemporary drug economy are highly mixed. Most scholars emphasize change in women's roles, some emphasize continuity, and others suggest that both change and continuity are evident. At issue is whether an increased share of women were involved in selling and higher-level distribution roles in the crack cocaine markets of the late 1980s and early 1990s, compared to the heroin markets of the 1960s and 1970s. We present the results of an ethnographic study of women drug users conducted during 1989–92 in a New York City neighborhood. Contrary to those who suggest that crack cocaine markets have provided “new opportunities” for women, we find that such opportunities were realized by men. At the same time, the conditions of street-level sex work, which has traditionally provided women drug users with a relatively stable source of income, have deteriorated.     

Green Alert: The Need to Rescue New York's Renewable Energy Portfolio Standard

New York is set to miss the 2015 Renewable Energy Portfolio Standard deadline, due in a large part to over-reliance on in-state generation projects. Although much of the current discussion and articles written about New York energy policies are focused on hydrofracking, clean and renewable energy should not be lost in the discussion and the state cannot afford to miss a major energy policy goal. This article provides an analysis of the current energy policies of the Cuomo administration and highlights a major out-of-state generation project, the Champlain Hudson Power Express.     

The validity of arrestees' self-reports: Variations across questions and persons

Self-reports of 892 New York City arrestees were compared to urine tests and official criminal records. Disclosure was highest for any priors, incarceration, and recent marijuana use; moderate for cocaine/crack and heroin use and drug priors; but low for index priors and very low for violent priors (disclosure was higher among those who were currently facing these charges). Disclosure of a prior record proved to be a useful criterion for identifying which self-reports to trust. Interviewers' impressions and urine tests were unrelated to the disclosure of recent drug use or official histories. Disclosure of arrest was higher for men and arrestees with more priors.     

Drug and alcohol use as determinants of New York City homicide trends from 1990 to 1998

In this population-level study, we analyzed how well changes in drug and alcohol use among homicide victims explained declining homicide rates in New York City between 1990 and 1998. Victim demographics, cause of death, and toxicology were obtained for all homicide (N = 12573) and accidental death victims (N = 6351) between 1990 and 1998 from the Office of the Chief Medical Examiner of New York (OCME). The proportion of homicide and accident decedents positive for cocaine fell between 1990 and 1998 (13% and 9% respectively); the proportion of homicide and accident decedents positive for opiates and/or alcohol did not change significantly. Changing patterns of drug and alcohol use by homicide victims were comparable to changing patterns of drug and alcohol use in accident victims, suggesting that changes in drug and alcohol use among homicide victims between 1990 and 1998 cannot solely explain the decline in NYC homicide rates.     

WILLIAM H. REHNQUIST AWARD FOR JUDICIAL EXCELLENCE ADDRESS

The William H. Rehnquist Award is one of the most celebrated judicial honors in the country. It is given each year to a state court judge who demonstrates the “highest level of judicial excellence, integrity, fairness, and professional ethics.” The 2008 recipient, Jonathan Lippman, was recently appointed and confirmed as Chief Judge of the State of New York. Chief Judge Lippman was previously the Presiding Justice of the Appellate Division of the First Judicial Department of the New York State Supreme Court. He was appointed New York's Chief Administrative Judge by Chief Judge Judith S. Kaye and served from January 1996 to May 2007 and was responsible for the operation of a court system with a $2.4 billion budget, 1300 state‐paid judges, 2300 town and village judges, and 16,000 nonjudicial personnel. Among his numerous professional activities, Chief Judge Lippman served as president of the Conference of State Court Administrators from 2005 to 2006 and was the vice‐chair of the National Center for State Courts from 2005 to 2006, where he was a member of the Board of Directors from 2003 to 2007. During his tenure, Chief Judge Lippman has been the recipient of numerous awards and recognitions, including the 2006 Fund For Modern Courts Cyrus R. Vance Tribute for Vision, Integrity and Dedication to the Fair Administration of Justice Personified by Cyrus R. Vance (November 27, 2006); the New York County Lawyers’ Association Conspicuous Service Award in Recognition of Many Years of Outstanding Public Service (September 28, 2006); and the Award for Excellence in Public Service of the New York State Bar Association's Committee on Attorneys in Public Service (January 24, 2006). Chief Judge Lippman received a Bachelor of Arts in Government and International Relations from New York University, Washington Square College, where he graduated cum laude in 1965. He also received his J.D. from New York University in 1968. Below is the speech he delivered after accepting the William H. Rehnquist Award from U.S. Supreme Court Chief Justice John G. Roberts.     

Murder Followed by Suicide: A Newspaper Surveillance Study Using the New York Times Index

Abstract: Murder–suicide is a relatively uncommon event but as reported by the New York Times, it has occurred and continues to occur yearly. Previous research has indicated that those who commit murder–suicides tend to be men, are in or have been in an intimate relationship with the victim, victims tend to be women, and a firearm is most likely to be used. This study uses a newspaper surveillance methodology to examine such cases. Articles from the New York Times as found in the New York Times Index were coded, analyzed, and examined. The cases, 166 in total, support the findings from prior research. The trend data was examined by cross tabulations and chi‐square analysis. The findings suggest that murder–suicides are rare events and when they occur they usually involve a male perpetrator and an intimate partner victim who is either a wife or girlfriend with the event occurring in a private home. A firearm is the most commonly used method for both murders and suicides, particularly if there was more than one murder victim. The authors conclude by suggesting that future research should focus on using the forthcoming data resource in the CDC’s National Violent Death Reporting System (NVDRS) to examine the occurrence of murder–suicide.     

Ketamine in non-hospital and hospital deaths in New York City

We reviewed all ketamine-positive deaths (87) examined at the New York City Office of Chief Medical Examiner over a two-year period (1997 to 1999). There were 15 non-hospital deaths with 12 due to acute multidrug intoxications, one due to sarcoidosis, and two due to physical injury (blunt and thermal). In no instance was a fatal intoxication caused exclusively by ketamine. Opiates (10/15), followed by amphetamines (7/15) and cocaine (6/15), were the most frequent co-intoxicants. Ethanol was found in only one death. The race of all decedents was white and the majority were men (11/15) between the ages of 18 and 30 years. The remaining 72 instances of positive ketamine findings were hospital deaths following surgical procedures or burns.     

Controlling Corruption and Misconduct: A Comparative Examination of Police Practices in Hong Kong and New York

Police corruption and misconduct are of perpetual concern to both the police and the public. Various measures have been used and programs created to reduce these problems. But existing research indicates that the effects of such measures are either transient or uncertain. Few studies have been conducted to understand the mechanisms for controlling police corruption and misconduct from an international, comparative perspective. This study intends to fill this gap by exploring the experiences of the Hong Kong Police Force (HKPF) as well as those of the New York Police Department (NYPD). Although Hong Kong is today a part of China, it remains in the Common Law system and its police practices have been highly influenced by Western policing principles, making such a comparison relevant and perhaps useful. The findings of this study suggest that Hong Kong and New York have both adopted various measures for controlling police corruption and misconduct, but have diverged significantly from each other in the structure and content of their control efforts.     

Could Innovations in Policing have Contributed to the New York City Crime Drop even in a Period of Declining Police Strength?: The Case of Stop,Question and Frisk as a Hot Spots Policing Strategy

Available data make it impossible to reach strong conclusions about the role of policing in the New York crime decline. Instead, we examine whether innovations implemented in New York fit with what is known about effective policing strategies. Our main analysis focuses on how the New York City Police Department (NYPD) could have continued to contribute to the crime drop over the last decade when the number of police declined significantly. We examine geographic data on crime and stop, question and frisks (SQFs) to show that SQFs are concentrated at crime hot spots. We also show that the NYPD increased these specific hot spots policing strategies despite declining numbers. In our discussion, we speculate on whether this “doing more with less” could be an explanation for the continued crime drop in New York, noting the limitations of drawing conclusions from existing data. We also raise concerns about possible backfire effects of SQF hot spots approaches.     

The Relationship Between Crime and Stop,Question, and Frisk Rates in New York City Neighborhoods

The current study builds on prior research in an analysis of the relationship between monthly violent and property crime rates in New York City census tracks and the New York City Police Department’s highly contentious stop, question, and frisk (SQF) policy. We find that higher doses of SQF are associated with small crime reductions generally and specific crime reductions for stops of blacks, Hispanics, and whites. But the way the policy was implemented precludes strong causal conclusions. Now that a federal court has intervened and SQF is undergoing change, the court monitor, New York Police Department, and city officials should partner with researchers in experimental evaluations to determine the optimal mix and dosage of enforcement strategies that safeguard the rights and liberties of citizens while enhancing public safety.     

Studying New York City’s Crime Decline: Methodological Issues

Methodological issues that must be considered in doing research on the New York City crime drop include the choice of a spatial unit of analysis, the choice of a mathematical representation of the processes responsible for the drop, and the choice of estimators. This paper considers the strengths and weaknesses of a time series analysis of data for New York alone, a panel analysis for the city’s precincts, and a panel analysis for a sample of cities, for studying the drop. The possibilities and limitations of precinct-level data are illustrated with annual precinct data for New York between 1988 and 2001. The paper considers static and dynamic fixed effects panel models estimated in various ways, including difference and systems generalized method of moments. These analyses find no evidence that misdemeanor arrests reduced levels of homicide, robbery, or aggravated assaults. Felony arrests reduced robberies, but only to a modest degree. Most of the decline in these three felonies had other causes.