Most police officers fulfill their duties with professionalism and integrity. But the purity of one individual officer’s motives is not the real issue in the post-Ferguson debate. Rather, there is a broader concern about systemic issues that contribute to racial disparities within our criminal justice system.
Police departments must jettison militarized police tactics that antagonize residents and create partnerships with community stakeholders.
Poor urban communities with high concentrations of minorities, are policed in an entirely different manner than other areas. Local law enforcement officials are keenly aware of the political disenfranchisement within these communities and frequently use heavy-handed tactics such as raids and indiscriminate stops and frisks that would not pass muster in more affluent communities. Evidence demonstrates that police disproportionately stop, search and arrest blacks and Latinos when compared with their white counterparts. These contacts with the police are the portal to the criminal justice system and may explain minorities’ disproportionate incarceration rates. Yet our current legal doctrines make it difficult to address implicit racial bias. Claims of racial discrimination are nearly impossible to substantiate in court without evidence of intentional wrongdoing.
Racial bias, whether explicit or implicit, does not have to remain an intractable problem in policing, and there are several ways to ameliorate it. First, although the Fourth Amendment prohibits unreasonable searches and seizures, the Supreme Court interprets this doctrine in a manner that allows stops based on pretext and does not require officers to inform citizens they have a right to refuse to consent to an officer’s request to search. Local officials, however, are free to provide greater protection than the Constitution demands and can develop rules that constrain the arbitrary discretion of police officers and better inform individuals of their rights.
Second, police departments should implement structural reforms that address aspects of an institutional police culture that tolerate and perpetuate bias. Emphasis on training, supervision and appropriate discipline for the small number of problem officers raises the professionalism of the entire department. Requiring dash cameras, and collecting and publishing information on stops and searches will increase transparency and accountability.
Finally, local police departments must jettison militarized police tactics that antagonize residents and create partnerships with community stakeholders that empower them to help keep their communities safe.
Most police officers fulfill their duties with professionalism and integrity. But the purity of one’s motives is not the issue in the post-Ferguson debate.
Police departments must discard overly militarized tactics that antagonize residents and focus on creating partnerships with community members.
Racial disparities exist within our criminal justice system. Evidence shows that police disproportionately stop, search and arrest blacks and Latinos when compared with their white counterparts. These contacts with the police are the portal to the criminal justice system and can explain disproportionate incarceration rates. Yet claims of racial discrimination are nearly impossible to substantiate in court without evidence of intentional wrongdoing. Our current legal doctrines make it difficult to address implicit racial bias.
Poor urban communities, which are overwhelming minority, are policed in an entirely different manner than other areas. Local law enforcement officials are keenly aware of the political disenfranchisement within these communities and frequently use heavy-handed tactics, such as raids and indiscriminate stop and frisk policies, that would not pass muster in more affluent communities.
Racial bias, whether explicit or implicit, does not have to remain an intractable problem in policing, and there are several ways to ameliorate it. First, although the Fourth Amendment prohibits unreasonable searches and seizures, the Supreme Court interprets this doctrine in a manner that allows stops based on pretext and does not require officers to inform citizens they have a right to refuse to consent to an officer’s request for a search. Local officials, however, are free to provide greater protection than the Constitution demands and can develop rules that constrain the arbitrary discretion of police officers and better inform individuals of their rights.
Second, police departments should implement structural reforms that address aspects of an institutional police culture that tolerates and perpetuates bias. Emphasis on training, supervision and appropriate discipline for problem officers raises the professionalism of an entire department. Requiring dash cameras, and collecting and publishing information on stops and searches, will increase transparency and accountability. Finally, police departments must discard overly militarized tactics that antagonize residents and instead focus on creating partnerships with community members.
Kami Chavis Simmons, a former federal prosecutor, is a professor of law at Wake Forest University School of Law.
