Effect of racial misclassification in police data on estimates of racial disparities

Research on race and policing increasingly draws upon data collected by police officers to estimate racial disparities in police contact. Many of these data sets, however, rely on officer perception of a stopped person's race, which may be inconsistent with how those individuals self-identify. Furthermore, researchers frequently benchmark contact data where race is perceived by police officers against census and survey data where race is self-identified. We argue that discordance between how individuals self-identify and how they are classified by officers can bias estimates of racial disparities. Using a unique data set, which allows us to compare officers’ racial classification of stopped persons with those same persons’ racial self-identification, we characterize rates of racial misclassification in administrative police records. We find evidence of racial misclassification in police records, especially among Hispanic and Asians/Pacific Islanders. We find that officer classification of Hispanics as (non-Hispanic) White is the most common form of racial misclassification in our sample and that its substantive consequences are significant. Specifically, we find that officer classification of Hispanics as White may lead analysts to incorrectly conclude that Hispanics are no more likely than Whites to be cited by police.     

Social context and racial disparities in punishment decisions

Although the social context of a court is often claimed to be important to understanding the effect of the offender's race on punishment decisions, the links between context and racial disparities in punishment decisions are not well understood. I propose and test four hypotheses involving elements that may link social context to racial disparities in punishment decisions: urbanization, racial threat, economic threat, and crime control. I test these four hypotheses with sentencing data from the Pennsylvania Commission on Sentencing for the period 1991 to 1994. The main findings are as follows: (1) punishment severity varies by court jurisdiction, even after controlling for offender and case characteristics; (2) racial disparities vary by court jurisdiction, with controls for other offender and case characteristics; (3) measures of social context explain little of the contextual variation in punishment decisions for all offenders; and (4) measures of social context do not explain racial disparities in punishment decisions. Thus, I find convincing evidence of contextual variation in punishment decisions, but typical indicators of social context do not explain these variations.     

Overcoming the benchmark problem in estimating bias in traffic enforcement: the use of automatic traffic enforcement cameras

Objectives

The existence of bias in law enforcement can be difficult to verify or disprove, in part because of the difficulty of finding a benchmark—an objective estimate of actual offenses committed by the studied population—that can be compared with police enforcement. In the current study, we propose and test a method for examining bias in enforcement of speeding offenses.

Method

Using all speeding tickets issued in Israel in 2013–2015, we compare speeding tickets generated by stationary automatic traffic cameras, which provide an objective estimate of speed offenses, with speeding tickets issued manually by police officers, based on drivers’ ethnicity with further distribution by gender and age.

Results

Initial findings indicate that, overall, speeding tickets issued by police officers in Israel are not biased based on drivers’ ethnicity.

Conclusions

This study highlights the importance of distinguishing between overrepresentation and bias in law enforcement, which sometimes seem to be blurred in the literature.

     

Reframing the racial disparities issue for state governments

Although racial and ethnic disparities in health have been on the federal government's agenda since 1985, no policy reforms have significantly reduced disparities. The question arises whether states can effectively address this issue without waiting for solutions from the national government. The purpose of this article is to propose ways of reframing the disparities issue that might give state policy makers more leverage and might strengthen political will to address the issue. I suggest a moral frame based on a concept of distributive justice in which medical care must be distributed according to need. I explain the rationales for such a frame and consider its strategic advantages and disadvantages. In the last section, I suggest some policies based on this framing that are within the power of state legislatures.     

Citizens' perceptions of aggressive traffic enforcement strategies

In this study we examine citizens' support for aggressive traffic enforcement strategies and discuss whether the implementation of two different types of traffic enforcement decreases public support. We also examine whether citizens' perceptions of crime, quality of life, and the police are influenced by an increased police presence in their neighborhood. The public opinion data presented here are taken from two experimental target areas and one comparison area. Overall the findings suggest that citizens strongly support aggressive traffic enforcement practices and that the implementation of such strategies does not reduce their support. Residents of areas where police are using these types of tactics do not think that the police are harassing them. Citizens living in one of the experimental areas are significantly more likely to support the police, and think that the police work well with the neighborhood. Residents of the areas that experienced two types of aggressive enforcement, however, did not think that crime had decreased, nor that quality of life had improved. We discuss implications for the use of these strategies and for community policing in general.     

Attracting females and racial/ethnic minorities to law enforcement

Using a national survey of law enforcement agencies, this study (1) measured agencies' ability to fill sworn positions, (2) identified the strategies used to attract and hire females and minorities, (3) measured agencies' success in filling sworn positions with females and minorities, and (4) measured through negative binomial regression the impact of agency strategies and agency/jurisdiction characteristics on levels of female and minority applications and hires. The results indicated great variation in agencies' ability to fill sworn positions and fill them with females and minorities and considerable variation in the extent to which mechanisms are used to attract females and minorities to policing. Just one in five agencies has adopted targeted recruitment strategies for women and minorities. Agency success in attracting the applications of and hiring females and minorities varies greatly. The multivariate analyses indicate that recruiting budget and targeting minorities and women do positively affect hiring.     

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.     

Redressing wounds: finding a legal framework to remedy racial disparities in medical care

In recent years, numerous medical studies and reports have documented startling disparities between the health status of African Americans and White Americans. The literature is replete with evidence that one of the main causes of these racial disparities is the different treatment of patients of different racial groups. This Comment addresses the possibility that implicit cognitive bias, in the form of implicit attitudes and stereotypes, significantly contributes to these racial disparities in medical treatment. Finding existing legal frameworks inadequate to address current disparities in health care, this Comment recommends avenues for the reworking of Title VI of the Civil Rights Act of 1964. Specifically, it suggests that disparate-treatment provisions that encompass claims arising from unintentional discrimination should be incorporated into Title VI, and it offers the employment law frameworks of Title VII and the Age Discrimination in Employment Act as models for such reform.     

Police leniency in traffic enforcement encounters: Exploratory findings from observations and interviews

Despite the volume of time officers spend on traffic enforcement encounters, there was limited research exploring how they used their discretion in such interactions. Issues relating to police decision making patterns in the enforcement of motor vehicle laws were particularly salient in light of the on-going debate over racial profiling. This study examined how officers made decisions (in particular, to stop and to sanction) in the course of traffic enforcement. Using field observations and interviews with officers in a small midwestern agency, the authors described the factors and forces that officers used in making discretionary choices. The findings indicated that leniency in sanctioning was very common and that officers expected citizens to be contrite and acknowledge responsibility for their infractions. Implications for larger and more systematic observational studies are discussed.     

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.     

Reducing racial and ethnic health disparities: exploring an outcome-oriented agenda for research and policy

Eliminating racial and ethnic disparities in health status and health care, a major focus of Healthy People 2010, remains on the national agenda and among the priorities for the administration of President George W. Bush. Even though the elimination of racial and ethnic health disparities challenges the whole nation, individual states are on the front line of many initiatives and are often the focus of important policy efforts. In addition, it is important to focus on states because they are already responsible for much of the health and public health infrastructure, and several states have developed initiatives dating back to the release of Margaret Heckler's report on the gaps in health outcomes by race in 1985. This article makes the case for an outcome-oriented approach and provides a summary of lessons learned based upon preliminary investigations into constructing and applying two indices, the disparity reduction profile to measure effort and the disparity index to measure outcomes.     

Administrative,legal, and ethical practices in the psychological testing of law enforcement officers

Recently, more law enforcement agencies have chosen to use psychological testing as an important component of their preemployment screening programs. Important legal and ethical issues have been raised by the increased use of psychological testing for this purpose. These issues include the applicant's right to privacy, the validity of the psychological instrument(s) used, the definition of what constitutes an “unsuitable” candidate, and the existence of racial and/or sexual bias. This article presents ten suggestions that address some of these issues and that may aid law enforcement agencies in adopting the spirit of the Uniform Guidelines on Employee Selection Procedures and other psychological-testing standards.     

Common ground: exploring policy approaches to addressing racial disparities from the left and the right

Although the existence of racial and ethnic disparities is increasingly recognized, a complete understanding of the causes and solutions to these problems remains elusive. Part One of this paper provides a historical overview of the origins of these disparities. Part Two outlines fundamental challenges to achieving a clear understanding of the problem and briefly discusses current policy strategies espoused by conservative and liberal proponents. Finally, Part Three provides an in-depth discussion of one promising approach with significant bipartisan support.     

The Unintended consequences of sentencing reforms: Using social chain theory to examine racial disparities in Female imprisonment

The current study uses social chain theory to examine the potential unintended effects of sentencing reforms on racial disparities in female imprisonment. Our analysis measures changes in the relative odds of Black to White female imprisonment using the Relative Rate Index (RRI) through panel regression modeling on 40 states from 1983 to 2008. Our final models indicate that four types of sentencing reforms had unintended perverse effects on racial disparities in prison admissions while Truth in Sentencing laws increased racial disparities in time-served. Eighteen combinations of sentencing reforms also significantly impacted disparities. Theoretical and policy implications are also discussed.     

Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention,conviction, and sentencing*

A significant body of literature has examined racial and ethnic inequalities in sentencing, focusing on how individual court actors make decisions, but fewer scholars have examined whether disparities are institutionalized through legal case factors. After finding racial and ethnic inequalities in pretrial detention, conviction, and incarceration based on 4 years of felony court data (N = 83,924) from Miami-Dade County, we estimate nonlinear decomposition models to examine how much of the inequalities are explained by differences in criminal history, charging, and for conviction and incarceration, pretrial detention. Results suggest that inequality is greatest between White non-Latinos and Black Latinos, followed by White non-Latinos and Black non-Latinos, ranging from 4 to more than 8 percentage points difference in the probability of pretrial detention, 7–13 points difference in conviction, 5–6 points in prison, and 4–10 points difference in jail. We find few differences between White non-Latinos and White Latinos. Between half and three-quarters of the inequality in pretrial detention, conviction, and prison sentences between White non-Latino and Black people is explained through legal case factors. Our findings indicate that inequality is, in part, institutionalized through legal case factors, suggesting these factors are not “race neutral” but instead racialized and contribute to inequalities in court outcomes.     

Driving across campus: Assessing the impact of drivers' race and gender on police traffic enforcement actions

This study examined the effect of drivers' race and gender on officers' decision to search a driver/vehicle and invoke a legal sanction, controlling for legal and extralegal factors. Logistic regression analyses of 10,210 traffic stops on a university campus indicated that drivers' race and gender had a significant effect on officers' decision to search a driver/vehicle and invoke a legal sanction. Black male drivers were more likely than White drivers to be searched, but were less likely to receive a legal sanction. Unexpectedly, the results showed that Asian drivers were less likely to be searched, but more likely to receive legal sanctions than White drivers. Findings, however, indicated that legal and extralegal factors (i.e., types of traffic violation, time, officer type) were found to have significant effects on officers' decisions during traffic stops.     

Conflict theory and racial profiling: An empirical analysis of police traffic stop data

Using data collected by the Richmond, Virginia Police Department, this article applies conflict theory to police traffic stop practices. In particular, it explores whether police traffic stop, search, and arrest practices differ according to racial or socioeconomic factors among neighborhoods. Three principal findings emanate from this research. First, the total number of stops by Richmond police was determined solely by the crime rate of the neighborhood. Second, the percentage of stops that resulted in a search was determined by the percentage of Black population. Third, when examining the percentage of stops that ended in an arrest/summons, the analyses suggest that both the percentage of Black population and the area crime rate served to decrease the percentage of police stops that ended in an arrest/summons. Implications for conflict theory and police decision-making are addressed.