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| CJJ
will sponsor regional conferences for journalists in 2003 on
crime and justice issues. Watch the "What's New" section
of this site for more information. We held sessions in 2002
in Minnesota, Colorado, California, and Illinois. |
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2002 International Association of Chiefs
of Police convention, Minneapolis: Notes by Bill Bryan, CJJ board
member, and Ted Gest, CJJ president
* Flying while Muslim? Racial profiling after 9/11/01
Racial profiling, in forms like "driving while black,"
exists, but to what extent? Data like traffic-stop statistics can
be compiled, but how should it be interpreted? Lorie Fridell, director
of research for the Police Executive Research Forum (PERF), said,
"I do think it exists, but you can't measure it." Fridell
noted that there may not be racial or ethnic proportionality among
law violators or drivers. [Example: even if blacks are 15% of the
population, that doesn't mean they are necessarily 15% of law violators
or 15% of drivers.] PERF has published one book on racial profiling
issues and will issue others. For its "Racially Biased Policing;
a Principled Response," see its web site, www.policeforum.org
Tom Johnson, a former prosecutor now active with a citizens crime
watch group, said his organization found that African-American drivers
were being stopped by Minneapolis police at a disproportionate rate
compared with white drivers. African-Americans make up 18 percent
of the Minneapolis population but represent 37 percent of the traffic
stops. Johnson said 9/11 has had a "chilling effect" on
public interest in racial profiling; many citizens no longer find
it abhorrent. Ruben Rosario, columnist for the St. Paul Pioneer
Press and CJJ's treasurer, noted that a poll taken before 9/11 found
that 81 percent surveyed wanted racial profiling stopped; a survey
after 9/11 showed that 50 percent supported profiling Middle Easterners
at airports.
Fouzi Slisli, a member of an Arab-American antidiscrimination committee
in Minnesota, admitted that he had some trepidation himself on an
airplane shortly after 9/11 when he saw three Saudis sitting across
the aisle. But he said that authorities need to be more civil in
dealing with the Arab-American community: "They should deal
with us in a rational, systematic way--a civilized respectful manner."
He noted that when federal authorities questioned more than 100
men of Middle Eastern descent in Minnesota, they did so by knocking
on doors for the element of surprise and by talking to neighbors.
"They should have made contact by letter or phone calls and
made the interviews voluntary," Slisli said.
St. Paul, Mn. Police Chief William Finney admitted the reality
that "police are looking at people like Fouzi," but he
agreed that officers should be respectful. "I'm not trying
to change their hearts," he said. "I want to change their
behavior."
* Terrorism: The First Amendment and Responsible Journalism
-- A Delicate Balance
There's often a delicate balance between an individual's right
to privacy and society's need to have important information, said
Jane Kirtley, a professor at the University of Minnesota School
of Journalism and Mass Communication and former executive director
of the Reporters Committee for Freedom of the Press. She often has
worked to help journalists obtain hard-to-come-by information, but
she believes that the press should have no better access to such
data than should the general public.
Joel Carlson, a retired FBI agent and a member of the police chiefs
organization's terrorism committee, pointed out tht law enforcement
offiicials decide on how much information to release based on their
accountability to their hierarchy, including prosecutors, courts
and fellow officers. The news media's accountability lies with reporters'
bosses, the public and journalism academia, he said. "We have
different masters, tasks, procedures and goals," Carlson said.
He added that in the event of a terrorist strike, law enforcement
will need the media more than ever to keep the public informed.
Cable News Network producer Terry Frieden noted that much information
is disseminated based on personal relationships, usually a mutual
trust between a reporter and a law enforcement source. He noted
that it "often is not the content [of a report] but the timing
that is the problem." There is also the isue of "tremendous
competition" among media and consequent pressures to report
information learned.
Randy Furst of the Minneapolis Star Tribune cited periodic tension
between security authorities and the media, citing his story about
the lack of security checks at most entrances of the huge Mall of
America in the Minneapolis area. But he concluded that "in
the last analysis, we're all in this together."
Paul McCabe, public information officer for the FBI in Minneapolis,
said he tries to help news media representatives on legitimate inquiries,
reaching out to visit news organization offices to meet reporters
and editors.
Panel members concluded that the news media and the government
will always have some disagreements about what information should
be made public.
* Who Polices the Police? What is Excessive Force?
Police accountability is a major isue that the news media are not
covering well, said Samuel E. Walker, a professor and police watcher
from the University of Nebraska-Omaha. Indicators of police misconduct,
such as frequency of citizen complaints and use-of-force incidents
could be collected in databases to help judge an officer's performance,
he said. The gap between the departments that do a good job of holding
officers accountable and the worst departments "is wider than
ever," he maintained. He added that "the departments doing
a good job go unnoticed because when shootings don't occur or excessive
force isn't used, that's not a story."
Walker has set up a web site with more information on the issue:
www.policeaccountability.org
Ed Flynn, police chief in the Washington, D.C., suburb of Arlington,
Va., said that powerful police officer lobby groups and unions often
prevent chiefs from taking tough action against problem officers.
"In many cases, state laws prohibit a chief from enforcing
accountability," he said. For example, in Maryland, chiefs
are not allowed to question officers about misconduct for 11 days
after an incident. "In a lot of places, it takes a year to
fire a [problem] officer, he said. Often, he added, police groups
will work to get rid of an assertive chief by announcing a vote
of no-confidence in him. Flynn's conclusion: "The public is
demanding more accountability; the system is delivering less."
St. Paul, Mn., Police Chief William Finney said that five percent
of officers cause 60 to 80 percent of problems; he noted that he
lacks the power to fire officers on his own. Without strong leadership
from chiefs, officers make up their own rules of conduct and set
their own standards, he said.
* Suicide: Reporting Myths May Lead to a Contagion Effect
Dean Kathleen Hall Jamieson and Patrick Jamieson of the Annenberg
School for Communication at the University of Pennsylvania discussed
their report suggesting ways that the news media could more reponsibly
report on suicide. You can see the report at www.appc.penn.org.
A major concern is that reporting a graphic description of a suicide,
such as saying that person who jumped to his death did so spread-eagled
or curled up like a ball, could trigger "suicide contagion"
or copycat suicides by readers or viewers who have psychiatric disorders.
The report recommends that the news media educate the public about
suicide by reporting on the likely causes for it, the warning sides,
trends in rates, and recent treatment advances. Kathleen Hall Jamieson
noted that contrary to many reports suggesting that suicides are
unforeseen and unpreventable events, 90 percent of suicides actually
are preceded by a psychiatric episode that can be treated. Unless
the evidence is convincing, media should "avoid presenting
suicide as an inexplicable act by an otherwise healthy individual,"
she said.
* Crime and the Mentally Ill
Mental health plays a role in many crimes--about 16 percent of
prison and jail inmates report a mental illness or having stayed
overnight in a mental hospital. Police officers need much more training
on how to recognize and handle situations involving people who may
be suffering from mental illness. Robert Johnson, chief prosecutor
in Anoka, Mn. noted that many instances when mentally ill people
become violent stem from their failing to take necessary medications.
He said that broad institutional change in the criminal justice
system is needed for a more effective response when mentally ill
persons are suspected of criminal behavior. Some jurisdictions,
for example, have set up "mental health courts" that specialize
in cases involving mental illness. Others have instituted specially
trained response teams with law enforcement and health expers who
are trained to defuse dangerous situations. In 1999, the Council
of State Governments set up a partnership with six organizations
to form a Criminal Justice/Mental Health Consensus Project, whose
report was issued in June 2002. After hearing from 100 policymakers,
clinicians, and consumers, the project made 46 policy recommendations.
See the full report at www.consensusproject.org
2001
American Society of Criminology convention, Atlanta: Notes by Ted
Gest, CJJ president
Mobilizing
the military against domestic terror
The U.S. military
should be called in to deal with selected domestic terrorism incidents,
says a criminologist who has studied the issue. Arguing that law
enforcement agencies are not prepared to respond in many instances,
David Klinger of the University of Missouri-St. Louis said that,
"We should begin to think outside of the box." Klinger
made his comments to a meeting on November 9, 2001, sponsored by
Criminal Justice Journalists at the American Society of Criminology
convention in Atlanta.
"Law enforcement
is way behind the curve" in combating some forms of modern
terrorism in which a perpetrator is "willing to die in the
process and kill until he is killed," said Klinger, a former
police officer in Los Angeles. In such cases, he argued, a procedure
should be in place for police agencies to summon appropriate military
units immediately. Klinger stressed that he advocates such action
only in extreme cases and does not believe in breaching that the
historic American rule that the military should not supplant domestic
law enforcement.
Klinger recounted
the 35-year history of terrorist acts on U.S. soil, starting with
the 1966 shooting spree by Charles Whitman from a University of
Texas tower that killed 14 and injured 45. The episode, which consumed
the Austin, Tx., police department, helped give rise to the concept
of creating SWAT (special weapons and tactics) teams to handle such
crises.
SWAT teams can
have difficulty coping with incidents that are not "contained,"
Klinger said. He cited the 1999 massacre at Colorado's Columbine
High School and a 1995 case in which a San Diego man stole a tank
from a National Guard Armory and drove it down a crowded freeway.
Highly trained military units would better be able to cope with
such events and spare police departments the need to devote significant
manpower, Klinger said. He noted in a later session at the criminology
meeting that "the mindset of police departments is not to kill
people"-which may be necessary in the case of terrorist acts.
Military units should be involved domestically "in a narrow
slice of the war being waged upon us," he said.
Also at the
Atlanta session, John Killorin, special agent in charge of the U.S.
Treasury Department's Bureau of Alcohol, Tobacco and Firearms, called
for a measured response by government authorities to acts that may
or may not fit classic definitions of terrorism. "Terrorism
is a motive, not an event," Killorin said. Alluding to a well-known
reaction to pornography-"I know it when I see it"-Killorin
urged that officials adopt a definition that requires specific "empirical
elements."
Killorin noted
that a varied group of incidents have been labeled terrorism over
the years, including violence by "skinheads," a bank robbery
in Spokane and a fire at a Gap clothing store. There is no doubt
that the hijackings of September 11 were terrorism, Killorin said,
but a better definition of what constitutes terrorism could help
guide law enforcement and other agencies in deciding on the level
of response to future incidents that may be less clear.
Killorin's agency
is one of those on the lookout for Eric Rudolph, who is wanted in
connection with bombings of an abortion clinic in Alabama and the
1996 bombing at the Atlanta Olympic Games. Rudolph has not been
seen for more than three years; he is believed to be hiding in a
large forest area, but authorities have not seen fit to take drastic
action such as bombing the forest even though Rudolph is regarded
by some as a suspected terrorist.
In another talk to the CJJ meeting, criminologist Brent Smith of
the University of Alabama-Birmingham said that any prosecutions
arising from the September 11 events may be difficult, drawn-out
affairs. It's conceivable that the numbers of cases could exceed
the more than 500 terrorism indictments in the United States in
the decades of the 1980s and 1990s, he said.
The history
of such cases suggests that prosecutors would do best to keep the
focus on legalities and stay away from trying to establish suspects'
political motives, Smith said. Some cases have become "derailed"
when authorities diverted to issues of motivation. Unlike typical
criminal cases, in which most defendants end up pleading guilty,
fewer than 40 percent of recent U.S. terrorist cases have ended
up in guilty pleas. One reason is that terror suspects have been
unable or unwilling to provide the "substantial assistance"
to the government against people higher in the terror chain that
would help spring them a reduced sentence.
Smith noted
that under American legal procedures, defendants are able to demand
much information in the hands of prosecutors in order to help them
prepare a defense. The refusal of authorities to turn over such
evidence has ended some cases, he said.
Contact information
John Killorin: 404-417-2600
David Klinger: 314-516-7012, klingerd@msx.umsl.edu
Brent Smith: 205-934-2069, blsmith@uab.edu
CJJ
5th Annual National Conference
Criminal Justice
Journalists held its fifth national meeting April 3-5, 2001, in
Washington, D.C. More than 30 members attended the sessions, many
of which were sponsored in conjunction with the Academy of Criminal
Justice Sciences. CJJ board members Bill Wallace, Melissa Moore,
Leila Knox, and Ted Gest prepared summaries of the programs. For
more information, including how to reach sources, message Ted Gest,
cjj@reporters.net, or call
him at 202-296-8444.
Summaries
of Programs:
CRIME PREVENTION:
WHAT WORKS AND WHAT DOESN'T
It's easy to
tout a crime prevention idea that sounds logical. Proving that it
works is another matter. An international group of scholars called
the Campbell Collaboration is putting social programs to the test,
reviewing all studies that have been conducted on the remedy in
question. Campbell's Crime & Justice Group covered six areas
in a briefing in the Capitol for CJJ members and congressional staff.
A brief summary:
* Helping and training parents in their children's first two years.
Only about a half dozen well-designed studies have been done on
this subject, but the cautious
conclusion is that "intervention begun early can help reduce
aggressive behavior in children," said Odette Bernazzani of
the University of Montreal. Programs like social workers' home visits
to parents are linked to fewer instances of kids running away, being
arrested for crimes, or indulging in sex, drinking, and smoking.
* Street lighting. The idea is that better lighting deters crime
and helps identify criminals. The results have been mixed, said
Brandon Welsh of the University of
Massachusetts--Lowell. It hasn't seemed to work well in the United
States, but five recent experiments in Britain showed positive results.
One advantage: it's cheaper than many other crime-prevention methods.
* Hot-spots policing. Sending more police officers to areas where
crimes tend to cluster has been a popular strategy in recent years.
But does the redeployment merely displace crime to other areas?
Anthony Braga of Harvard University looked nine experiments and
found crime down in seven, including sites in Minneapolis, Jersey
City, St. Louis, Kansas City, and Houston. But crime went up in
other targeted areas of Minneapolis and Kansas City. The overall
conclusion: hot-spots policing can work, but more research is needed
to compare specific techniques.
* Restorative justice. Some communities are experimenting with having
criminal penalties set not by judges but rather in conferences involving
offenders, victims, and community members. Participants discuss
the offense and how best to remedy the harm caused. Crime victims
report mostly satisfaction with the process in Indiana and Pennsylvania
experiments, but less so in an Australian one, said Heather Strang
of Australian National University. The impact on criminals is modest
so far, said Lawrence Sherman of the University of Pennsylvania's
Jerry Lee Center of Criminology. Their offending rates are no worse
after taking part in restorative justice, but there is "no
consistent evidence" that the rates decrease either, Sherman
said.
* Boot camps have become widespread in the last decade as places
where military-style discipline can be instilled in criminals lacking
structured lives. Doris Layton MacKenzie of the University of Maryland
took a look at 41 groups of adults and juveniles to compare those
who had gone through boot camps and others who hadn't. The results,
in terms of new crimes committed, were decidedly uneven: in 23 comparison
groups, there was "no significant difference;" of the
remainder, boot camp population did better in 10 cases and the others
had better records in 8 cases. If merely establishing a boot camp
doesn't divert convicts from crime, what can make a difference are
the quality of programs offered to them. If adult camp attendees
are given help after they graduate (in programs called aftercare),
they do better; juveniles who don't get drug treatment or vocational
education do worse. "If you put treatment in the programs,
you may see some difference," MacKenzie said.
* "Distorted and dysfunctional thought processes: a significant
factor in criminal behavior" was explored by Mark Lipsey of
Vanderbilt University. The theory is that criminals typically adopt
notions like "real men never give in," "I'm smart,
I won't get caught," and "rich people are the enemy; they
get rich by exploiting people like me." Lipsey looked at 24
studies comparing offenders who got treatment (such as analyzing
their "criminal thoughts" and asking critical questions
about them) and convicts who did not receive such attention. Overall,
the repeat-crime rate for those in the "treatment group"
was 15% lower.
ADVANCES
IN CRIME MAPPING
Mapping crime
data using software called GIS (geographic information systems)
is a great tool for putting crime in perspective and reporting on
trends, Deb Halpern of WFLA-TV in Tampa said in a CJJ session at
the Police Foundation. Halpern, assistant news director of the station
and a CJJ board member, said WFLA-TV uses software from a firm called
ESRI. The station is following the lead of another television station
in developing a website where users can look at crime trends in
their own neighborhoods.
Kim Rossmo of
the Police Foundation showed how GIS can reveal spatial patterns
of crimes and criminals, and can aid investigators in "social
geographic profiling." He demonstrated how certain crimes,
such as rape, may be committed within a limited radius of where
the suspect lives. Maps can help to pinpoint possible suspects.
Crime maps also can be used to show the difference between public
perceptions of crime and the reality in certain neighborhoods. One
map showed that a neighborhood where crime was the lowest was the
area in one city where people are worried the most about crime.
ESRI's John
Calkins, who consults with CBS's police drama "The District,"
showed how the program's story lines are built around real crime
data from Washington, D.C. All kinds of data can be mapped, and
several different types of maps can be created to show crime trends.
It was a little overwhelming, but very cool.
The Police Foundation
publishes a newsletter on crime mapping and follows the field closely.
For more information, get in touch with Dr. Rachel Boba at the foundation,
(202) 721-9777 or rboba@policefoundation.org,
or Mary Malina at (202) 721-9765. The foundation's web site is www.policefoundation.org.
ESRI, based in Redlands, Ca., can be reached at www.esri.com
ONLINE ACCESS
TO COURT, LAW ENFORCEMENT DATA
Federal courts
are discussing which court files should be made available on the
web. The project is quite an undertaking, but more than 2 million
court documents have been put on the Internet at various prototype
courts around the country, said federal courts spokesman Dick Carelli.
The U.S. Judicial Conference is developing a policy for putting
documents on the Internet. The conference has held a hearing and
received public comment on the issue. Carelli said the media has
well represented. Many privacy issues need to be considered in putting
the documents on the Internet. For example, the courts are considering
how to prevent disclosure of personal information like Social Security
and bank account numbers. There also is a fear that people will
use electronic files to dig up dirt on their neighbors. Proponents
of putting court files on the web, like Washington, D.C. media attorney
Robert Becker, argue that the "spying" novelty will wear
off, Obtaining information from the documents via the web, Becker
noted, would reduce the need to rely on talking to attorneys or
making long trips to court clerks' offices.
The Judicial
Conference's recommendations could come out as early as September.
It is likely that all federal courts will adopt them. More information
on the issue can be found at www.privacy.uscourts.gov
Whatever the federal courts conclude may influence state court systems,
many of which now are grappling with the online access question.
Rebecca Daugherty
of the Reporters Committee for Freedom of the Press (www.rcfp.org)
told CJJ about current deliberations among federal and state officials
aimed at agreeing on guidelines for public access to law enforcement
records. It is not clear how the issue will play out. In some areas,
online access could be a boon to journalists and the general public.
In others, jurisdictions may take the opportunity to take a look
at basic policies and decide that citizens and the media still must
visit criminal justice agencies to gain access to records.
Both the Reporters Committee and CJJ are representing journalists'
interests in these proceedings. For more information, message Daugherty
at rdaugherty@rcfp.org
or Ted Gest at tgest@sas.upenn.edu
ETHICS AND
POLICE REPORTING
A CJJ session
on "New Challenges in Reporting on Law Enforcement" featured
Sheldon Greenberg, director of the Johns Hopkins University Police
Executive
Leadership Program, Stephen Vicchio, a philosophy professor at the
College of Notre Dame of Maryland who also teaches police ethics
at the Police Executive Leadership Program, and Lenny Savino, a
former police officer who now is a reporter in the Knight-Ridder
Washington Bureau.
Moderator Peter Hermann of the Baltimore Sun asked how reporters
should handle cases in which police ask for information to be withheld
because of concerns about compromising an investigation. Greenberg
said police don't understand the ethical issues facing reporters.
Savino said the usual ground rule is that if you don't want something
in the paper, you shouldn't tell a reporter about it. He said it's
important to educate police about media issues and set up some rules
both can understand. But decisions must be made on a case-by-case
basis.
Vicchio said police don't have "off the record" rules
with each other and don't understand the principle. He said the
best standard is John Stuart Mill's principles for
determining when it is appropriate to take away the rights of another.
Vicchio said Mill's principle of offense or embarrassment would
not apply, nor would the principles of paternalism or legal moralism,
although all had some relevance. The critical principle for this
decision is Mill's principle of harm -- essentially if publishing
the information will cause harm to others without their permission,
you shouldn't do it.
Savino cautioned reporters to look beyond police publicity stunts
for better stories. He told of being invited to a Drug Enforcement
Administration bust in which 2,800 people were supposed to be arrested
in Jamaica and other countries. As he followed the case, it turned
out to be several hundred arrests for marijuana possession and not
much else. Don't believe law enforcement's numbers, he said. "It's
like being a police officer. You're paid to be suspicious, not cynical,"
he said. He also urged reporters to be fair in dealing with police.
Most are honest. Few are corrupt. "If you can, give them the
benefit of the doubt," he said. But Greenberg said reporters
should diligently pursue problems in police agencies. Media attention
is often critical in fostering positive change, he said.
Greenberg can be reached at (410) 516-0754 and greenberg@jhu.edu;
Vicchio at (410) 532-5238 and svicchio@ndm.edu
CRIMINAL
JUSTICE IN THE FEDERAL COURTS
How to get the
most out of the federal court system and its various components
was the topic in a CJJ session at the Thurgood Marshall Judiciary
Building. Particularly useful was a discussion of where to find
information on the federal judiciary's websites. Steven Schlesinger,
the chief of statistics for the Administrative Office of the U.S.
Courts, directed journalists to the judiciary's home page, www.uscourts.gov.
A key source is the PACER docket system, which tracks cases in every
federal court jurisdiction. PACER offers online access to the full
names of parties involved in criminal and civil cases, their attorneys
(plus their addresses and phone numbers), case status information
and the federal case numbers needed to pull the actual files at
the relevant court clerk's office.
Equally useful is a biographical information database that gives
reporters key background information about judges involved in cases
of interest. Simply entering a judge's last name as a search yields
a complete biography that includes the judge's educational background,
career information, age, and court assignment.
The judiciary system statistics include various types of data that
can be mined for story ideas. For example, you can find the number
and types of wiretap authorizations in each court district, data
on death penalty cases, reports to Congress on the utilization of
court resources in each district, and the number of civil and criminal
cases, by district. Officials offered an excellent example of how
data can be used to generate analytical stories by detailing the
increase in federal criminal cases along the Southwestern U.S. border
and the lack of resources available to respond to them. A compelling
presentation on the problem called "Crisis in the Border Courts"
is available at www.uscourts.gov/news.html.
CJJ also heard presentations about some less well-known segments
of the federal court system, including the federal Public Defender
Services, Pretrial and Presentencing Services, and the federal Probation
Service. For more information about federal court operations, call
Dick Carelli or David Sellers at (202) 502-2600. Both are former
court reporters are well equipped to find answers to your questions.
For more on probation systems, federal and state, call Rick Faulkner
of the National Institute of Corrections, (202) 514-0100.
WRONGFUL
CONVICTIONS WORKSHOP
A session after
a reception at the Washington Post featured a lively discussion
among journalists and lawyers of wrongful convictions and how to
investigate them. The session was moderated by Brooke Masters, a
Post reporter who has written about suspects who were convicted
despite their innocence. Featured panelists were Richmond (Virginia)
Times-Dispatch reporter Frank Green, Marvin Miller, a criminal defense
attorney from northern Virginia, Christopher Amolsch of the Washington-area
board of directors of the Innocence Project, and Robert Johnson,
a Minnesota prosecutor and president of the National District Attorneys
Association. Green noted signs of a possibly wrongful conviction:
that it rests in large part on a confession, the word of a jailhouse
snitch, or on an eyewitness. Is the accused person mentally retarded
or mentally ill? Other advice from Green: "Go over the case
with the original prosecutor and defense attorney, not just the
lawyers handling the appeals. Evaluate the credibility of those
working on behalf of the condemned inmate, not just the inmate.
Are the supporters involved emotionally? Do you catch them in small
lies?" Panelists agreed that the key to any successful investigation
of a possible wrongful conviction is to maintain a degree of skepticism,
both about the prosecution case and about the statements of the
person who has been convicted.
"I ask them (suspects) to tell me the story of the case,"
said Miller, who is president of the Virginia College of Criminal
Defense Attorneys. "A person who has been wrongfully accused
and convicted is going to have suffered a traumatic experience.
They are going to remember everything that happened vividly. Someone
who is just trying to manipulate the facts to get a new outcome
will not remember things so vividly." Said Green: "If
possible, have at least one meeting with the inmate and follow your
gut instincts. If there's an odor about him or his story, tread
with extreme caution."
The panelists also agreed that recent advances in DNA evidence have
made it a powerful weapon for justice - both in determining the
innocence of falsely accused suspects and in clearing unsolved crimes.
"It is going to be as close as we can get to a 'Silver Bullet'
to prevent injustice," said Johnson. Johnson asserted that
prosecutors would agree to consider evidence pointing to a wrongful
conviction. Their job, he said, is "to do justice, not to get
a conviction." Miller cautioned, however, that "there
are good and bad prosecutors," and the latter may be unlikely
to cooperate with any attempts to revisit a questionable case.
RACIAL PROFILING
CJJ examined
racially motivated policing - singling out suspects for detention
or questioning simply because of their ethnic identity - in a discussion
led by CJJ Treasurer Ruben Rosario of the St. Paul (Minnesota) Pioneer
Press. Lorie Fridell, the director of research for the Police Executive
Research Forum (PERF) outlined steps her organization is taking
to try to get a handle on the extent and degree of racial profiling
among police departments. She said even the greenest rookie cop
knows that probable cause is required to make an arrest or stop,
so coming up with an operational definition of racial profiling
that isolates bias as a motivating factor is a critical part of
the effort. "Even a racist officer will say that he isn't stopping
people solely because of race," she explained. "And in
the narrow sense, he is right." With federal funds, PERF is
developing guidelines to analyze and interpret vehicle and pedestrian
stop data collected by law enforcement agencies in the racial profiling
context. The project, due for completition this spring, will include
recommendations for agencies in such areas as anti-biased policing
policies, recruitment, training, and minority community outreach.
For more information, get in touch with Fridell at (202) 466-7820,
x249, or lfridell@policeforum.org
Gerard Fergerson of the Council on Crime and Justice in Minneapolis
said one of the problems associated with racially motivated police
actions is the tendency to "legitimate rumor as social science."
He noted that juvenile delinquency is commonly believed to be on
the rise despite years of crime statistics showing that it is declining,
and that poor people from minority groups are often considered more
inclined to engage in criminal activity, even though there is little
evidence to support that view. Fergerson cited data from the National
Institute on Drug Abuse showing that people of color do not use
drugs at rates higher than the general population. Marc Mauer of
the Sentencing Project echoed the point. Mauer noted that crack
cocaine is commonly considered to be primarily a problem in the
black community, even though there has been no serious study of
its impact on other ethnic groups. He said that the relationship
of the criminal justice system to a variety of ethnic groups is
poorly understood. Although blacks are overrepresented in penal
institutions compared with their share of the overall population,
the annual federal survey on the nation's prison population made
no mention of the ethnic breakdown of inmates as recently as its
1990 report."It seems to me we need to ask some more questions
about various ethnic groups and their relationship to the criminal
justice system," Mauer said. "We are just starting to
do this now." Mauer's group issued a manual called "Reducing
Racial Disparity in the Criminal Justice System" in the fall
of 2000. Copies can be obtained from The Sentencing Project at (202)
628-0871 or staff@sentencingproject.org
CRIME POLICE
IN CONGRESS AND THE BUSH ADMINISTRATION
A CJJ-Academy
of Criminal Justice Sciences program featured a discussion of major
criminal justice policy issues facing Congress in the first year
of the George W. Bush administration. Speakers were Representatives
Lamar Smith (R-Texas) and Robert Scott (D-Virginia) who, while stressing
bipartisan cooperation as the two top ranking members of the House
Crime Subcommittee, gave starkly different assessments of where
U.S. crime policy was heading.
Smith took a traditional Republican law-and-order approach. While
acknowledging that all objective measures indicate that crime nationwide
is declining, he identified three of the most critical criminal
justice issues as the impact of crime on senior citizens, the growth
in drug use among children under twelve, and "cybercrime"
- the use of computer technology in various types of criminal activity.
"Those are three areas where crime is going in the wrong direction,"
he said.
From a more liberal perspective, Scott said the most critical criminal
justice issue facing the Congress was whether criminal justice strategies
would continue to be hard-line law and order measures based on TV
sound bites and catchy anti-crime slogans. He said a more effective
approach would be supporting social-service approaches "aimed
at helping to keep young kids out of trouble in the first place."
"We know how to reduce crime," he said of his colleagues
on Capitol Hill. "Unfortunately, we also know how to play politics."
Despite recent surveys showing that Americans are growing disenchanted
with the paramilitary aspects of the war on drugs and are increasingly
inclined to support treatment and prevention programs as less expensive
and more effective alternatives, neither congressman saw much likelihood
of a shift in drug control strategies. " I think there probably
should be more emphasis on rehabilitation, but let me say that I
have no problem with increasing the population of people in prisons
if that is appropriate," Smith said in response to a reporter's
question.
Scott expressed pessimism about the possibility of a new approach.
"Study has indicated that a modest increase in funding for
prevention is more effective than much higher levels of support
for either law enforcement or interdiction," he said. "But
it probably won't come as any surprise to you that we sent Colombia
a billion dollars last year for interdiction and killed legislation
that would have increased funding for treatment programs."
The keynote speaker at the morning session, U.S. Attorney General
John Ashcroft, gave a half-hour talk that only brushed on the Bush
administration's proposed
criminal justice initiatives. In a prepared address laced with folksy
anecdotes and reminiscences of his youth in Missouri, and punctuated
by the recitation of a nursery rhyme, Ashcroft, who had been in
office only about two months at the time of his speech, spent a
few minutes outlining top White House priorities for the current
year. Those priorities, he said, were reducing gun crimes, establishing
new programs to fight violence against women and other targeted
populations, and renewing the war on drugs.
REPORTING
ON JUVENILE CRIME
CJJ members
and criminologists heard from the co-author of a new report critical
of how the media cover juvenile crime. Vincent Schiraldi of the
Justice Policy Institute, said that the study, titled "Off
Balance," indicated that news reports tend to support the popular
misconception that juvenile crime is on the increase, thus increasing
public hysteria about young offenders. Schiraldi said news organizations
should strive to put stories about such aberrant events as schoolyard
shootings into context, and look into factors that underlie other
types of juvenile crimes, including alcoholism, family histories
and other background information that helps to explain why they
occur - and why they are not commonplace. "There is a disconnect
between what people believe about (juvenile) crime and what is really
happening," he said, calling on journalists to do more investigative
and interpretive reporting on the issue instead of giving particular
incidents disproportionate and sensational coverage.See the full
report at www.buildingblocksforyouth.org
HOW TO COVER THE FBI
The FBI's top
public affairs specialists explained how the bureau does its job
and fielded questions or criticisms from reporters. John Collingwood,
the bureau's Assistant Director for Public and Congressional Affairs,
described recent changes in FBI jurisdiction and top law enforcement
priorities, including a shift from the investigation of such traditional
FBI crimes as bank robbery and kidnapping to transnational crimes
involving syndicated criminal organizations, "cybercrime"
and terrorism. "Almost every case we are working now has some
international aspect to it," he said. "That's mostly just
in the last ten years or so. The change has been phenomenal."
Collingwood said that computer related crime was a particular area
of growing concern. "The new technology allows people to commit
crimes in the U.S. from anywhere else in the world," he said.
"It's literally a brand new area for us. And it is one where
nobody is sure of what the implications will be." The bureau's
public information specialists got an FBI-style grilling from the
reporters, who asked why the agency is reluctant to release information
that cannot possibly compromise investigations, and why reporters
have to call Washington, D.C., to get information their local bureau
spokespeople should be able to release. In some cases, such as photographs
of persons named in indictments, the bureau typically must get permission
of the U.S. Attorney handling the case. Some journalists complain
that delays in obtaining such clearance have forced them to miss
deadlines. The spokesmen said they would try to eliminate some informational
roadblocks called into question by reporters at the briefing. They
also said the bureau was trying to develop a more cooperative relationship
with the media. As one example, they noted that the FBI had invited
reporters to participate in training exercises organized around
such scenarios as terrorist attacks in which disseminating information
to the public would help insure citizens' safety.The FBI's national
press office can be reached at (202) 324-3691. Unit chief Bill Carter
is at (202) 324-8787
Past
Events
JERRY
LEE CENTER DEDICATION, UNIVERSITY OF PENNSYLVANIA
On Monday October 15, 2001, the University of Pennsylvania dedicated
the Jerry Lee Center of Criminology and awarded the first Jerry
Lee Prize for Research-Based Crime Prevention to former Attorney
General Janet Reno and Philadelphia Police Commissioner John Timoney.
For more information, see the Jerry Lee Center's website.
MEETING
WITH THE AMERICAN SOCIETY OF CRIMINOLOGY
CJJ discussed prisons, drugs, and the crime drop in America
during meetings with the American Society of Criminology
in San Francisco on November 16, 2000. Summaries of
the sessions follow:
Keeping reporters
at bay in prison
California is
sticking with its restrictions on media access to prison inmates
despite protests from the news media, inmates and their attorneys,
and in some cases prison employees. That was the message to CJJ
from Robert Martinez, communications director for the California
prison system.
Since 1996,
California has barred journalists from bringing electronic equipment
and even basic tools like notebooks and pens to interview specified
inmates among its population of 162,500. . Instead, journalists
must abide by the rules governing any visitors. Inmates may be interviewed
randomly in prison tours arranged by authorities.
Martinez gets
about a dozen requests for access weekly, two thirds of them from
news media and others from media seeking to do documentaries or
other coverage not involving news. He argued that the rules are
"reasonable" ways to insure "safety and security,"
nothing that inmates still have access to the media through telephone
calls and visits by reporters under the same conditions as family
visitors.
California's
rules, which mirror those being adopted in some other states, came
under attack from other speakers. Steve Fama of the Prison Law Office,
which represents inmates, called the restrictions a "sophisticated
tool to control information." He cited a 1993 "60 Minutes"
story about abuses and illnesses of inmates at the maximum security
prison at Pelican Bay as an example of a story that is difficult
if not impossible for reporters to tell under the curbs on approaching
inmates.
Journalist Peter
Sussman, who has followed California prison conditions closely,
agreed that "many stories are not being told" because
the rules "tend to keep out skeptical observers." Sussman
asserted that "prisoners are being punished for trying to get
stories to the press." Stories about abuse of prisoners at
California's Corcoran prison did emerge, but in some cases details
were available only because a former Corcoran inmate who was in
federal custody could be interviewed.
The media position
was supported by a possibly unlikely source, Mike Jiminez of the
California Correctional Peace Officers Association, which represents
about 30,000 prison employees. Asserting that journalists are the
"conscience of society," Jiminez said the "media
need to be more involved" in reporting what goes on behind
prison bars. More attention by reporters to poor conditions "would
lead to wholesale changes," he said. Regular television coverage
on prisons "would open [the public's] eyes." Jiminez said
that 99 percent of those he represents do a fine job, but that still
leaves 300 or more "who may not have the best motives."
Bills that would restore full media access to California prisons
have been passed by the legislature but vetoed by governors Pete
Wilson and Gray Davis.
Jiminez noted
that one argument used against increasing media access is to "keep
victims from being victimized [further] by raising convicts to celebrity
status." Sussman rejected that position, saying it just encourages
some reporters to get information about cases from other sources,
sometimes ending up
"spreading rumors."
A controversial drug treatment plan
Some key judges
and prosecutors are dubious about a new California plan to require
treatment rather than jail for low-level drug offenders. The California
measure, known as Proposition 36, was approved by voters on November
7. Advocates succeeded in getting a similar plan passed in Arizona
and are likely to press for approval in other states.
The week after
Proposition 36 passed, CJJ heard from Thomas Orloff of Alameda County,
Ca., president of the California District Attorneys Association,
and Judge Stephen Manley of Santa Clara, president of the California
Association of Drug Court Professionals. Both organizations opposed
Proposition 36, predicting that it might undermine drug courts where
many offenders are sent to treatment under the threat of incarceration.
Prosecutor Orloff
said the proposition may produce "absolute chaos" by removing
suspects' incentive to plead guilty. Because a vast majority of
drug cases end in guilty pleas, demands for trials could overwhelm
the courts, Orloff said. In a jurisdiction like his that will not
be able to handle 600 more trials each year that Proposition 36
might produce, many cases will end up being dismissed and the defendants
will get no treatment, Orloff said.
Proposition
36 would allocate more than $120 million each year, but that would
be insufficient for the potential 36,000 cases under its provisions,
Judge Manley said. He asserted that the proposition was misleading
by implying that it was aimed at sparing first-time offenders from
going behind bars. "It is hard to get sentenced to prison for
simple possession," Manley said.
The proposition
passed after a $3.8-million campaign spearheaded by philanthropist
George Soros and several associates. Opponents could muster only
$400,000. Its prospects were aided by an apparent shift in public
opinion. "There has been a drop in support for the punitive
or 'get tough' approach," Tom Smith of the National Opinion
Research Center in Chicago told the San Francisco Chronicle.
Why is crime
dropping?
The primary
reason for the decline in violent crime since 1994 has been the
waning of the crack market and a related drop in handgun violence
among young black men, Joel Wallman of the Harry Frank Guggenheim
Foundation told CJJ. "The arrival of crack (in the early 1980s)
was followed fairly shortly by the rise of violence in urban markets,"
said Wallman, who co-edited with criminologist Alfred Blumstein
"The Crime Drop in America." The book was published in
the fall of 2000 by Cambridge University Press.
.
The newly emergent crack business was predominantly staffed with
young black males with few prospects for legitimate jobs and easy
access to the powerful semi-automatic weapons that flooded the country
in the 1980s. The availability of high-firepower weaponry to immature
participants in an illegal business fraught with personal danger
was responsible for the incredible spike in violent crime that peaked
in 1994, Wallman said.
The falloff
in violence since then has largely been a function of crack's decline
in popularity (as well as police policies directly aimed at eliminating
the crack cocaine market), less risky employment opportunities connected
to the recent economic boom, and law enforcement efforts designed
to remove handguns from the population most likely to use them.
Drug researcher
Bruce Johnson of National Development and Research Institutes, who
studies drug abuse trends in New York City, cited "a most remarkable
transformation" among inner-city youths born in the 1970s and
reaching adulthood in the 1990s. What he calls the Blunt Generation
(after marijuana blunts) "clearly do not want to emulate their
parents, older siblings, close relatives, or acquaintances who were
ensnared by crack or heroin."
Other speakers
-- including Richard Rosenfeld of the University of Missouri-St.
Louis, John Eck of the University of Cincinnati, and William Spelman
of the University of Texas noted a variety of other apparent causes
of falling crime rates, including the aging of the baby boomer population
and the development of aggressive new strategies for stemming domestic
violence that appear to have resulted in a dramatic drop in spousal
homicides.
Spelman concluded
that the rise in imprisonment totals might account for 25 percent
of the drop in crime. Eck, reviewing reforms in policing, declared
that "there is little evidence that generic changes in policing
are responsible for recent drops in violent crime." He believes
that some of the strategies that have received the most attention,
like New York City's Compstat and the "zero-tolerance"
policies practiced in various cities "are the least plausible
candidates for contributing the reduction in violent crime."
Perhaps the
most intriguing hypothesis was offered by Rosenfeld, who suggested
that falling violence levels in almost every demographic group might
be the result of a "civilizing process" that has been
slowly spreading through U.S. society. Saying there has appears
to be "an increasing intolerance on the part of adults for
interpersonal violence in resolving disputes," Rosenfeld added
that the phenomenon appears to be spreading to other demographic
segments. "Something like that might account in part for the
drop in homicide rates in the United States," he said.
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