- The library: a recession sanctuary?
- Nutter should get credit where credit's due
- Thursday Counter-Protest at "We Stand with Israel" Rally
- This Saturday: hearing of Mayor's Task force on Ethics
- Why do we fund this?
- ABC debuts "Homeland Security USA"
- Library Closings: They Have Never Really Been About The Budget Crisis
- DA's Job to Prosecute Environmental Crime
- Is the number of branch libraries in Philly significantly out of line with cities of comparable size?
- Nutter Doesn't Have to Follow the Law says Seventy
The ethics and efficacy of stop-and-frisk, part 837981743: DC edition
I'm rushing around trying (and, um, failing) to raise money for Dan to hopefully get to the Olympics without having to declare personal bankruptcy (if you can even do that any more), so I am sorry, I am putting this up with little commentary.
This came in through the National Lawyers Guild list I am on, and as we continue to think collectively about what kind of policing works and still respects the people being policed, I think it is good to keep an eye on what we can learn from elsewhere.
The Washington Post, the Examiner, and other local news outlets reported today that the MPD [DC Metropolitan Police Department] has designated the Trinidad area of NE as a Neighborhood Safety Zone, a designation that will last 10 days. The police have the authority to set up checkpoints going in and out of the neighborhood and ask for identification for anyone attempting to enter. The police will ask for identification and turn away those non-residents not entering for "legitimate" reasons. Some media coverage indicated an enhanced ability/willingness to search vehicles and arrest those who "resist" police activities falling under the initiative.
You can read more about it here and here is the Mayor's Press release.
This initiative is appalling and likely unconstitutional, despite the Mayor's insistence to the contrary. The initiative will restrict freedom of movement for low-income minority residents of our city, and the checkpoints themselves invite racial profiling. Initiatives of this type attempted in other cities have failed to effectively and sustainably reduce gang violence. Finally, given the skyrocketing property values in the Trinidad neighborhood (an average increase of around 14% annually over the last decade), we must explore connections between this initiative and the larger trends of gentrification and displacement in DC.
The Mayor's press release talked about the Neighborhood Safety Zone strategy as ongoing, so it is critical to expose the constitutional and human rights implications of it in its first trial run so that the city government does not blindly repeat or expand it.
There's a plan to put law student and lawyer observers on the street at the checkpoints. And there's community organizing going on among residents. If anyone's in DC and interested, I am happy to forward you contact information to get involved.











I'm tired and frustrated
I'm not going to put up much of a fight.
I will say this. I support "stop and frisk" as constitutional (if implemented correctly) and Philadelphia's best chance to reduce pointless homicides in the short term - which I see as a pressing problem. I think stronger local gun laws that aren't enforced are an excercise in futility.
The culture of carrying illegal guns is deeply engrained in this city. We have parents who think the appropriate response to kids throwing snowballs at their kid is to an attempt a drive-by at the kinds throwing them. This was an actual case in a part of West Philly not terribly far from me a few years back. In my neighborhood park a few steps from my front door I watched a young man die several years ago, after he had been shot over a petty feud in the middle of the day less than 10 feet from a jungle gym packed with kids playing on beautiful sunny Summer day.
The concept that if you carry in illegal gun routinely it will likely be taken away from is not the guiding concept in broad swaths of the city. It needs to be.
No, I don't think law enforcement can fix the lasting problems of poverty, failing schools, etc. Neither do I think those problems can be fixed realistically in a time frame that is as pressing and immediate as Philadelphia's problem with gun violence is.
Its my honest belief you need to do both and that both sides are a sympathetic effort to succeed at either. Improving schools, stemming crhronic unemployment and poverty in Philadlephia can only really take hold I believe if an immediate reduction of the level of gun violence is part of the program. I realize that I may be in something of a minority in terms of that here but I will just put it out there.
-Sean
MrLuigi, my cat, actually only types half as badly as I do.
I also am tired!
I generally respect and agree with most of that, but sort of think it is a slight non sequitor in response to this.
What I mean is I am not so much interested in rehashing the debate over "do we or don't we" in a vacuum, but rather I think that (1) it is really important simply to know what when these plans or policies are being experimented with, particularly in another large east coast city with which our police commissioner has ties and (2) these experiments let you see what can happen outside the vacuum of policy debate, and take the conversation beyond the abstract.
I don't know if "1" and "2" are actually different
but like I said, I'm tired.
"Jennifer" Song
In the mid-1970's there was a French song "Jennifer."
Do you know the words to that song?
Can you sing it?
- Down in the Basement
A couple of things
I sense the beef here is less striking between you and I, jennifer, as between me and the author of this email you are quoting.
We agree that any strategy as drastic as the so-called "Targeted Enforcement Zones" requires strict scrutiny in terms of protecting civil liberties and appropriate police professionalism - which we both agree that PPD sometimes has a somewhat um "mixed" track record.
My beef I guess is with a couple things in the email.
1.
Sorry but thats a pretty bold statement of purported "fact" in the face of Terry vs. Ohio I'm pretty sure a lawyer s smart as you would say - its possible to argue that some element of Terry is over-stepping or that its implications are should be interpretted fairly tightly but its not really Kosher to say point blank its "likely unconstitutional".
2.
Kind of a red herrig here. The version of "Stop and Frisk" Nutter and Ramsey have talked about for Philly is not about gangs, drugs, or even reducing "crime" across the board. Its aim is much, much simpler in scope - to reduce the number people carrying illegal firearms in their routine day-to-day activities. Use intensive enforcement against people with bulges in their clothes suggesting the presence of a concealed firearm to make it a widely acknowledged risk to carry firearm. Folks stop carrying their guns as routinely and the number of petty beefs that escalate into shootings drops dramatically. Lawrence Sherman of Penn is of course the big proponent of this approach and the source for a lot of Nutter's thinking. Nutter's crime plan quoted Sherman's research extensively, including that famous study in Kansas City where an approach like this - focused on enforcement against illegal firemarms - led to a 49% reduction in gun crimes in areas where the strategy was applied.
Since we all are probably pretty rehearsed on this at this point from the 2007 mayoral primary I'm assuming, I wont go into details just point once again to the Radio Times radio show with Sherman and attorney David Rudovsky as one of the best concise discussions of topic and Sherman's research (and by extension Nutter's approach). Its as good a discussion as exists that I know of.
In short I kind of bristle whenever people attack "stop-and-frisk" based on gang activity or overall level of say petty property crimes. Thats not the flavor Nutter's "Targeted Enforcement Zone" strategy aims to deal with, thats not its target. Homicide by gun is its target and by virtually all empirical data, when used correctly, its startlingly effective at that specific aim - whatever your view on the topic.
3.
I don't know where to go with this. Yes frequent shootings tend negatively effect the property values of a particular neighborhood - not really surprising there. DC in general saw a dramatic increase in housing values during the period when Ramsey was police chief and Anthony Williams was mayor, but the country saw similar trends in cities nationwide, and there was concurrently a much noted trend of middle class African Americans settling in neighboring PG County in large numbers thats been the subject of a couple hundred sociology studies and news articles.
My point is its a complicated topic and a 14% increase in property values in the neighborhood where Ramsey did his Crime Emergency plan is not particularly impressive at all to me compared to say what areas like Adams Morgan did in that same period of time. Its hardly a "smoking gun" to prove that Ramsey consulted with real estate developers to "flip" a neighborhood which this quote seems to imply.
So basically yes - lots of reasons to be concerned and vigilant in terms of civil rights in terms of "stop and frisk"- we all agree. I guess just some of the wording in the quoted email, I might take some exception to.
-Sean
MrLuigi, my cat, actually only types half as badly as I do.
I don't want to be a jerk
but I think you are responding more to the Philly analogies, and not to what's actually happening in DC or the specific dynamics of crime and property values there.
That's at least half my fault, because I didn't have time to write anything of more substance expanding on any of this.
But I think again you're bringing up a lot of non sequitors (for example, I just used the email because I have no time right now and it was already written, the point is what's happening, not what a Georgetown law student says about it to a listserv of radical lawyers).
Similarly, I used the phrase 'stop-and-frisk', but it's not one monolithic thing: there are all sorts of specific stop-and-frisk schemes relying on checkpoints that have been found unconstitutional. Terry doesn't cover everything the police can dream up, it's a standard. Findings of unconstitutionality happen more frequently in ramped-up short-term initiatives similar to how this one sounds. Though I certainly haven't had time to do any kind of real analysis and am not speaking conclusively about this policing project.
Sure
Its a tricky thing and it goes both ways. I'm a little like the Clinton supporters who I want to stand up a little more vigorously against supporters that supported her for the "wrong" reason.
Half the people who claim to support "stop-and-frisk" do so also for the "wrong" reason. They exactly want the completely horrible thing that some of more knee-jerk opponents to the Sherman-Nutter version wrongly assume it to be about. Sherman in his big Philly Mag article said:
I have to admit way too many "supporters" are exactly looking for that "lock 'em up" approach.
So yeah I shouldn't jump to conclusions about D.C. and I would love to hear more concrete details but if anybody has followed D.C. "gentrificiation" and development over the last decade or so - i got to say 14% comparitively ain't shit - and it sure ain't shit I would hang an allegation of collusion between Ramsey and the real estate industry on.
-Sean
MrLuigi, my cat, actually only types half as badly as I do.
Here's a little substance
This sounds more like the aspects of Nutter's original primary-era plan that he's stepped away from than it does either what Ramsey has been doing so far, or the pure Terry-type stops you are talking about, Sean:
Note that:
Though the city's attorney general says, “This is a very targeted program that has been used in other cities...I’m not worried about the constitutionality of it,” I am not sure targeted is the right word. (Note also that the head of the police union is quoted as calling the plan 'breahtaking'--in what valance does he mean this, I wonder--and the ACLU guy cutely calls it 'cockamamie'.)
Actually cockamamie might be right: rather than our buddy Larry Sherman's favorite targeted stop and frisk model programs, the first thing the DC plan reminds me of is Philadelphia's "Operation Cold Turkey" (not a success, either in terms of law enforcement objectives or constitutionality). That's the 1985 policing intiative where the police set up checkpoint-like stops around Spring Garden and which was way more successful in getting the city some heavy financial liability than it was in making useful drug arrests or getting the information the police had wanted.
Cockamanie sounds right
Any sane law enforcement policy has to focus on a reduction of violence at this point.
Temporarily cranking up lower level drug possession / distribution arrests while not having policy in place to deal with chronic unemployment, addiction, the overwhelming "demand" side of the equation - thats a big waste of time.
The point of law enforcement should be encourage residents freedom of movement (i.e. not worrying about the guys on the corner) not take it away (i.e. worrying about indiscriminate harrassment over suspicion of minor drug possession). Going after drugs alone just pushes a thriving illegal economy with a thriving (often suburban) clientel to a different corner - as has been shown time and time again. Going after guns on the other hand - actually reduces violence. And violence begets violence, litterally. Having lost a close friend or family member in a shooting is a huge predictor of whether you yourself will be involved in a shooting either a shooter or victim.
I think we agree on what wrong with this.
-Sean
MrLuigi, my cat, actually only types half as badly as I do.