RACE! (And Stop and Frisk, State of Emergencies and Other Fun Things)

I didn't even see the debate last night. But, I hope that with this post, and the one from Robert Nix below, we can talk about all of this in a little more relaxed tone. I know with a week to go, that is not really possible, but let's try.

First, on the reason why the Nutter crime program is problematic, I am going to quote very liberally from Jennifer:

Yes, the Sherman study and the discussion of targeted enforcement zones involves stop and frisk (the study is deployed to show that stop and frisk is effective in reducing crime).

Both Nutter and Fattah cited the same study in their crime plans, which had overlapping elements.

The big difference between the two men's plans--and why my earlier writing on this gravitated towards emphasis on Nutter--is that Nutter situated his support for stop and frisk within a plan to declare a crime-based state of emergency in violence-plagued Philadelphia areas. In the debates, the two get conflated: discussion and criticism of stop and frisk is really discussion and criticism of the state of emergency thing.

Why this is has to do with the weird double-bind Nutter has put himself in (evident in his defense of stop and frisk last night): to not freak people out, he has to emphasis constitutionality and "probable cause" (which isn't the legal standard, which is actually lower, but whatever). But now he is just saying, under me we will do what we already can--and to a certain extent are--doing. When Nutter described the circumstances under which police could stop people to search for illegal weapons (he went into detail about the specific suspicious qualities that would support a search), he was talking about circumstances where police are already going to stop and search.

I think he is (somewhat irresponsibly) grasping onto rhetoric that he thinks differentiates himself as tough on crime, but I don't think he has the stomach to actually be that tough. I am heartened by the fact that all the other candidates think that it is a problem to rely more heavily on police discretion.

One of the problems with Nutter's plan and why Evans is right to talk about the risk of racial profiling is that I think Nutter departs too far from Sherman's study when he describes the "targeted enforcement zones" where a state of emergency would be declared. Nutter references whole neighborhoods like Strawberry Mansion. Sherman's study is based on the fact that we have specific data about past violent crime, and have the ability to pinpoint pretty narrowly where it is likely to recur. That's block-by-block data. Following it, you would declare a state of emergency on corner X.

If you do it across a whole neighborhood, everyone who lives there or has to pass through (as opposed to choosing to remain on corner X) is subject to lowered privacy rights. Nutter's plan as written referenced the mayor's ability under the state of emergency to outlaw movement (walking, driving) through the area. Anyone then who has to walk or drive through can be stopped.

Fattah doesn't say any of this, so he gets less heat.

I will do some more research, but I also think it is unfortunate that the conversation on crime prevention devolved fighting over stop and frisk and the number of new officers (500? 1000?) after the initial plans were promising. The mayoral candidates must determine what has been demonstrably effective elsewhere in reducing violent crime. Nutter claims that stop and frisk was effective in New York; Evans points out the recent studies that show the rise in racial profiling and minority complaints against the police in that period. People aren't talking about the shift in institutional culture in the NYC police also during that time.

I agree with just about everything she says. Below this post, is one from Robert Nix, talking about the police advisory commission, which Nutter had a role in creating. Nutter has every right to be proud of that. But, his plan, as Jennifer says, is very problematic, and so are his defenses of it.

The Nutter rhetoric is incredibly problematic. His line that civil rights mean the 'right not to get shot' is ridiculous. His goading of Knox during the WHYY debate was ridiculous. And saying that a program that will potentially put entire neighborhoods under curfews, restrict activity, give police a lot of discretion is OK because you are black, is also incredibly ridiculous, and Nutter is smart enough to know that. (Tom Knox uses that same reasoning to justify payday loans; Clarence Thomas uses it in every decision where he attacks affirmative action, etc.) And, considering that he thought the Police Advisory Commission was necessary, even without giving police all kinds of additional powers, I really think Nutter supporters need to push him a lot on this.

I don't presume to know the support for a state of emergency being declared in entire neighborhoods. But, take away his skin color, and it is clear that Nutter is talking about a policy that impacts African-Americans, especially working class to poor African-Americans, and doing it in a campaign where African-Americans, especially working class to poor African-Americans don't support him. That is somewhat problematic, right?

So, that is the baseline I start at.

Then we get to Fattah. What Fattah should have said is that Nutter being black does not mean he cannot institute policies that hurt black people- because there is a very real concern about stop and frisk, state of emergencies, etc, and Nutter being black does not change that in anyway whatsoever. Or something like that. Instead he made the snarky comment, and it was a dumb thing to do, and irresponsible in a City always sitting on top of fragile racial divisions. And, frankly, it just comes across as mean.

But, although he said it stupidly, there are some serious, deep concerns with Nutter's program, and with his defenses of it. I wish Fattah had done it a much better way- but- let's not feed the loop here. I suspect that most people have their minds made up, and there are very real circumstances to an election that is 7 days away. If this makes you less likely to vote for Fattah, I think that is perfectly reasonable. If Nutter's crime program, and his unwillingness to get past rhetoric when talking about it, makes you less like to vote for him, I also think that is perfectly reasonable.

Either way, go out, knock on doors for your candidate (anyone who wants to come help Irv get elected, let me know), and make change happen.

Chakah Fattah's comment to

Chakah Fattah's comment to Michael Nutter in the last debate that he "has to remind himself that he is African American" is truly one of the most base, awful things that not only I have heard a poltician say, but it is one of the worst things that I have heard a person say to another.

The sad thing is that at the beginning of the election, Fattah pledged that he would not "go negative". This was also when, based on personalities and persona, Fattah was the clear frontrunner. Now, after people have had a chance to learn about his proposed policies, he has faded because the other candidates' platforms ring truer with voters than his.

So desperate to get elected, grasping at straws, he makes one of the worst racially hateful comments I can imagine. Is this how he would govern Philadelphia through these divisive and demeaning comments?

Chakah Fattah has shown his true colors. It ain't black. It ain't white. It's just plain ugly.

What Fattah Didn't Say

These are the things Fattah could have said (and which, afterwards, he acted like he said instead):

The councilman doesn't need to remind us that he's African-American. It's not about who you are; it's about whether your plan will work and who it might hurt in the process.

This actually lets Fattah have it both ways, which is otherwise hard to do: it's tough to simultaneously say that the same policy is both discriminating against African-Americans and trying to make an appeal based on the fact that one is African-American.

Instead, Fattah said Nutter "has to remind himself that he is African-American." The reflexivity is important there, because it makes it about racial authenticity (what you say to yourself) rather than a racial appeal (what you say to others).

I can't see this as a calculated campaign ploy. It has to hurt him more than it helps him, especially with the crowd likely to be at or watching that debate, and the negative press that's already coming down the line. It just... came out. And that's a little revealing of where Fattah is right now. It was a sad moment.

Supporting Michael Nutter for Mayor.

I think the quote was

I think the quote was "people have a civil right not to get shot." Or something like that. Which is a little different. But still, sure, a little iffy.

I don't think Nutter's an authoritarian, and I don't think proposing this policy was an easy choice - and I was sort of surprised at the lack of a sense of urgency in the other candidates in dealing with this issue. Fattah's contention that we shouldn't focus on specific neighborhoods is fascinating, certainly. Particularly since it seems to contradict his actual plan.

Let me be clear: the reason I support Nutter isn't stop-and-frisk. If there are massive complaints after he takes office, I'll help push for serious changes in that policy, and I won't vote for him again. In the meantime, it's obvious that there is HUGE support for a change of direction in terms of taking the reins away from people like Fattah and Brady who have contributed in their own ways to the failed policies of the past few years. Which means you've got Nutter and Knox, and I won't think twice about picking Nutter any chance I get.

Lastly, I don't think Fattah was making a point about Nutter's policy - or at least I can't detect one. I think Fattah was trying to hurt Nutter with black voters by impugning his integrity as a black man. The REALLY sad part of this: it's not gonna win him the election. If anything, it will probably drive voters to Knox - who looked inoffensive last night, by the way - which is a mess on a whole different scale.

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Volunteering for Michael Nutter

Spin

You want to impugn Fattah for his comments, but not face up to what Nutter was doing.

He was papering over very serious issues with the S&F policy. He was acting as if civil rights issues and racial profiling aren't even a matter of concern. No matter how much violence might be an issue that requires extraordinary measures, anyone who dismisses such important issues so lightly needs to be held accountable. Saying that you don't "think" he's an authoritarian just doesn't cut it.

If Nutter gets elected, he has to know that even his supporters expect him to deal with these issues seriously. How do you think his policy should be constructed so as to alleviate concerns regarding racial profiling, civil rights abuse, driving a wedge between communities and law enforcement, etc?

Spin Control

There are constructive ways to call out Nutter on the racial implications of his plan and there are ways not to. Not to annoyingly praise my candidate, but Dwight was effective last night in reminding people of the dangers of a S&F policy without having to insult Michael Nutter on a personal level. Someone needs to call out Nutter on his Patriot Act plan, so I am glad the other candidates were able to put him on the defensive about it.

With that, what Fattah said was meant to be hurtful and feed into an unhealthy and unfair characterization of Nutter's own ethnicity. Fattah is a very bright guy; he knew exactly what he was saying and what it was meant to imply. I thought it showed a complete lack of class, and I frankly expected a lot more from such a prominent national and local figure.

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I support, but do not work or volunteer for Dwight Evans

Agreed.

...and Evans was by far the winner of the debate last night. I would imagine he won some people over.

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Volunteering for Michael Nutter

Not enough details at the debate?

I think concern and criticism of stop and frisk is legitimate. I don't think criticizing someone for "papering over" an issue at a debate is a good criticism. The format limits the candidates to just a few seconds to respond, and their goal is to persuade voters.

This is not a defense of stop and frisk, but I think the policy could reasonably be supported. Just because many disagree with it, does not make any supporter "blinded," stupid, or evil.

I also don't think the right to not be shot should be dismissed. The murders are very serious and must be addressed with some serious plan.

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I support Michael Nutter for Mayor. My slate.

Of course the format is a joke

but that doesn't excuse what Nutter did. He scoffed at any concerns regarding his policy. He could simply had said, yes, there are civil rights and racial profiling concerns, and we will work hard to create a policy that deals with them effectively. If we can't create a policy that gets widespread support as being sensitive to these issues, we will move in other directions - because we all know that a multi-pronged approach is the only kind of approach that will be effective.

I think that would take about 10 seconds.

In person vs. on paper

Aarhart, Nutter had as much time as he wanted to articulate a refined approach to his crime emergency plan when he drafted his crime policy position paper. As I pointed out elsewhere today, he chose broad and indeterminate language. For example, "The emergency powers will be extended until crime has significantly decreased and safety has been restored to all parts of Philadelphia" instead of a defined time period based on a quantified goal of violent crime reduction (or the lack of such reduction after a set period like six months).

It is reasonable that as the plan is subjected to specific criticisms, like Evans' points about the risk of racial profiling in a climate of increased police discretion (and his citation of recent NYC data showing that risk is real), Nutter be expected to respond and clarify his position. Failure to do so I think can justifiably be called out as "papering over" the issue.

Jennifer

D.E.II was talking

D.E.II was talking specifically about "what Nutter was doing" at the debate. I don't thimk that not getting nuanced enough in a debate is a valid criticism. I also think that criticism of Nutter's lack of detail or flawed explanation is being conflated with criticism of the plan.

I think the concerns about the plan are legitimate and, Jennifer, I think you are doing an excellent job discussing them. Nutter has discussed his plans in more detail than he has during the debates. (There was some discussion in the .mp3 of the Inky endorsement interview available at Great Expections and probably some in the City Paper interview .mp3.) He still probably hasn't addressed all concerns you have, but nuance and perceived waffling can be very damaging to a campaign. I will partisanly point out that Fattah has not addressed any of these concerns either. Every other candidate can be accused of "papering over" other issues. Nutter has been the most specific and detailed in his proposals.

I may have fewer concerns than others (while recognizing their validity) about Nutter's plan because his willingness and demand for accountability, and my belief that he is genuinely sensitive to civil right issues. More than any other candidate, he has demanded accountability from every branch of city government. He promises audits of every department and shown it elsewhere as well. I think he would instill in the police the understanding that if the city was liable for millions for civil right lawsuits, heads would roll.

I also don't think that he would show the insensitivity or lack of understanding (or glee) that a Bush or Rizzo would in oppressing black people. (Apologies if the last comment offended anyone, but I doubt if many Bush or Rizzo defenders are here.)

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I support Michael Nutter for Mayor. My slate.

Stop & Frisk

While I can see the appeal of S&F to people who are frightened by crime, I can't help but think that warrant-less S&F would be shot down as a 4th Amendment violation faster than you could say 'George W. Bush.'

-Z

Nope, for better or worse

The police don't need warrants for stop and frisk under Fourth Amendment jurisprudence. They just need what the court calls "reasonable articulable suspicion" (much less than probable cause, which is what you need for a warrant).

This is the issue: reasonable articulable suspicion as a standard in practice depends very heavily on police discretion. Though the court uses the term "articulable" it really falls sort of short of that; what happens is that stop and frisk relies on police intuition on who is likely to be committing a crime based on experience, which often can get blurred with prejudice and racial profiling.

Extensive discussion of Nutter's plan, stop and frisk, and the legal standards is here.

Jennifer

Stop and Frisk is Not Illegal

As Seth Williams has pointed out on this blog,
and as Nutter pointed out last night, stop and frisk is already legal, based on Terry v. Ohio. (Jennifer notes above that what you could say is that Nutter is spinning the use of an already legal, already existing policy to make it sound like he's really tough on crime.) The constitutional rulings already exist; which is why even the ACLU says that stop and frisk itself doesn't violate civil liberties (or for that matter, pace Bob Brady, invite lawsuits for police officers).

As Seth Williams has also said on this blog, a stop and frisk program needs to be carefully monitored AND made part of a holistic crime prevention program. This is why Nutter was stressing his experience creating civilian review, the push he would make for more beat officers, on foot and on bikes, working with community-based policing, to give the S&F program legitimacy and credibility -- which is a different issue than legality, but not a less important one -- and to make the crime program more effective at deterring crime and getting guns off the street, which is arguably the most important issue of all.

Supporting Michael Nutter for Mayor.

Except that what he wants to

Except that what he wants to do is give police the broader authority to stop and frisk; in other words, it may be constitutional, but it is not the stated policy of the PPD. Let's remember: There is a huge difference between what is constitutional, versus what are the policies of Philadelphia. And beyond that, Nutter's State of Emergency (SOE) is really, really a big deal.

No, I agree -- it is a big

No, I agree -- it is a big deal. And I think Nutter should more freely acknowledge the risks -- ironically, I think this is what he was trying to do when the big racial comments back-and-forth came in -- and also say more about the other aspects of his crime plan. More specificity on dates and better targeted targeting (i.e. blocks rather than whole neighborhoods) is also good.

Supporting Michael Nutter for Mayor.

I'd like to know how you determne what Nutter was trying to do

As I type I'm listening to a replay of the WHYY debate:

Q: And you're not concerned about racial profiling?

A: It's not about race.

That, my friend, is dismissing legitimate concerns. That is not freely acknowledging risks. That should be unacceptable.

The way I determine what

The way I determine what Nutter was trying to do is listen to his whole statement -- which was all about his push for civilian review and his work fighting for civil rights. The "black for 49 years" was the punchline, and drew applause and laughs from the crowd. But it was in the context of pointing to his experience on these issues.

Then Fattah broke out his comment -- which he either just slipped into or thought that he would get a better response -- and drew gasps and boos. The crowd was definitely clear on what was appropriate and what wasn't.

Yes and yes and yes but

1. Community buy-in: this is crucial, as Raideradam described elsewhere on here today. There should be a highly localized process of coordination with high-crime areas to help get law-abiding residents on board and comfortable and included in the process racheting up policing where they live. This has not been emphasized enough, and it is central not just in terms of fairness, but also for the success of the plan.

2. Stop and frisk itself doesn't invite lawsuits, but badly done stop and frisk does (and there are some pretty dramatic examples of this, with pretty big dollar sign judgments). Which brings us to...

3. Stop and frisk in the context of Nutter's crime emergency plan could be different that then already-legal stop and frisk that Seth was discussing. The point of the crime emergency plan is that the mayor can outlaw wide ranges of otherwise legal activity (walking, driving, gathering after a set curfew) in the targeted area. This means anyone doing the now-outlawed activity, say of walking through Strawberry Mansion, can be stopped. The walking itself is enough reasonable suspicion, because you are not supposed to be doing it. What this does is permit almost-unlimited discretion for the police to stop the people who they believe (based on whatever combination of experience, valuable intuition, prejudice, and profiling) without articulable, grounded, suspicion.

Really, when we talk about stop and frisk it is sort of a big charade, anyway: stop and frisk is permissible to search for illegal weapons. How often can you articulate suspicion that the person is carrying not just a weapon, but an illegal weapon? In practice, the stop is based on vague (again, based on experience or intuition or prejudice or profiling) suspicion that the person is "up to no good" (some sort of illegal activity, which the stop and frisk interaction can help you identify and stop).

Then you get the stop, which police can expand (again, through constitutional means which include deception of the person stopped about their rights to end the interaction) until they do have grounds to fully search, detain, or arrest the person.

Jennifer

on community buy-in

I think that in order to be successful, the community needs to be explicitly involved in a meaningful way in the design of a policy, and further, if there isn't clear support within a community a policy should not be implimented.

The whole basis of the argument in favor of S&F is that law-abiding citizens need to have their rights protected. Given that, a S&F policy should not be imposed without their imput and consent.

I think all of us should

I think all of us should have concerns regarding the rights of individuals of a stop and frisk implementation by the Philadelphia police. There are multiple questions, policies, guidelines, sensitivities and training that will need to be addressed and then implemented. There is, indeed, concerns about racial profiling, constitutional abuse, and citizen's rights that are very valid.

It's hard to imagine that, if elected, Nutter would institute a policy that would not have buy-in from the community. He would be shooting his own foot, and hindering his ability to govern and institute the rest of his policies.

Personally, I think the police department needs a little shakeup. I have met some very hard-working and dedicated officers, but I have met just as many that give me pause. Isn't it our responsibility to hold both the police department and Nutter, if elected, to a high standard.

This is one area where a new direction could be beneficial to the overwhelming majority of Philadelphians, like myself, who live not in Center City, but in neighborhoods. My sense is that most Philadelphians want something to change regarding crime. The alternative of letting things stay as they are is not acceptable.

Larry Sherman weighs in on FFR215

Lawrence Sherman defends stop and frisk via email to FFR215:

http://fightforroom215.typepad.com/room215/2007/05/sherman_respond.html

3. There is no evidence in this work, or in any other research I know, showing that these life-saving patrols have ever led to racial profling. Most have been conducted in single-race neighborhoods, in which suspects are selected based solely on behavior, not race.

4. Gun patrols remain the single strategy for which evidence exists of an immediate short-term, neighborhood-focused reduction in gun violence.

I support Michael Nutter for Mayor

I look forward to a more sophisticated discussion about this

The definition of "racial profiling" is complicated and subjective. In an earlier discussion, there was evidence presented that NY's policies (which I assume are based on a similar rationale), disproportionately affected blacks.

I think it's clear that there's a perception within certain segments of the black population that S&F would be "tantamount" to racial profiling - I don't think it's simply Evans' campaign rhetoric.

Every location is different, and policies need to be adjusted accordingly. How many guns are on the streets in Philly as oppposed to the other locations where these policies have been implemented. Is it easier to get guns here even if the policy results in the confiscation of illegal guns? If someone is carrying an illegal gun, will they simply be locked up? What would the implications of that be?

What is the "opportunity cost" in focusing on one strategy as opposed to another?

Short Schrift

I was just an average student at Georgetown Law, this may be the first time I was ever cited in a legal argument. I am going to print this and take it home to my Mom so she can put it up on her refrigerator.

"Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has."
— Margaret Mead

Seth

Oh, Seth

The standards of legal argument on this blog are pretty low -- but as someone who's required to be impartial in the mayor's race and (I hope) Philadelphia's future District Attorney, you and Jennifer (and periodically Gaetano and Dan) are the closest thing to blog authorities we've got.

Supporting Michael Nutter for Mayor.

The best part about when I

The best part about when I watched the DA debate in 2005, was the spinning afterwards. Lynne had said something untrue about Seth, and the person who refuted it to the press, and did so in a convincing manner was... Seth's mom.

S&F Will Just Scare The Hell Out Of Black Folks

My brother lives in Denver. He tells me that the recently instituted S&F rules just scares the living daylights out of the targeted Black Community. We grew up in Brooklyn and there were always to avoid being the target of S&F (girlfriends were always good).

Bob Brady wants to put more cops on the beat, along with afterschool programs (which is when most teen crime is committed). He also wants to provide vocational training, so people will have decent jobs. Having a decent job will go a long way to bypassing the need to go into crime in the first place

Part of S&F which probably will work

S&F is, obviously, rather more difficult w/o police walking a beat. And it has been shown time + time again that police actually walking a beat, not sitting in patrol cars, is what helps to deter crime. If cops are in the community, walking among the residents, talking with them, hearing their concerns first-hand, that does infinitely more than any number of cops just cruising through a block in cars could ever do.

If S&F is implemented by cops on foot patrol, it will be far more effective. For one, you simply see more when you're walking down a sidewalk than you do when you drive past it. For another, if you're walking through a neighborhood for long enough, residents could talk to you & suggest people who may be good targets for S&F- fewer random searches.

Right off the top of my head,
-Z

There's A Time and a Place

White people really do not have the capacity to get angry at Fattah's comments last night.

um, white people

have shown time and time again that they have the capacity to get angry about just about anything.
do you mean the right?

I don't think race should

I don't think race should limit one's ability to empathize. If you thought that Fattah's comments wronged Nutter, you should feel that way, white or black. If he called him NaNa Smart Pants Nutter, it should not make a difference to understanding that, I think, if you are smart or not. (To use an example. I posted a blog on this specific subject.)

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I do not work for/support any candidate for any office in Philadelphia.

The Specific Subject

being refusing to let race limit one's ability to empathize, comment, or criticize. Not Fattah calling Nutter NaNa Smart Pants.

It's an excellent post, truthtold.

I dunno. I feel pretty

I dunno. I feel pretty angry. Are you telling me this is merely indigestion?

If you're claiming that white people can't "get" the racial implications of Fattah's comment, you're probably right. I'm just mad because it was a jerky, asinine thing to say, and generally lowered the level of debate. There's a criticism/insult divide, and while it can be fuzzy at times, Fattah didn't even attempt to stay on the right side of it.

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Volunteering for Michael Nutter

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