* Complicated Dynamics [image: Richard Banks]

Ralph Richard Banks
, the Jackson Eli Reynolds Professor of Law at Stanford Law School, has
written extensively about race, crime and policing, and is currently working
on a book about the decline in marriage among African-Americans.*

The arrest of Professor Gates by a Cambridge police officer has been viewed
by many as simply the latest incident in a long history of racial profiling
by law enforcement officers. But rendering this episode as a case of racial
profiling obscures more than it illuminates.

This is not a classic instance of racial profiling, in which a police
officer assumed that Professor Gates was breaking into a home simply because
he is black. Rather, Officer James Crowley was summoned by a woman who
observed two black men on the porch trying to force open the door.

The officer approached Professor Gates not as a result of a racial profile,
but based on a witness’s account of a specific suspect engaged in suspicious
behavior, just as we should expect him to.

What happened next illustrates the complicated dynamics of race, crime and
policing. Professor Gates would not have been arrested had he been a white
Harvard professor, but for reasons that have as much to do with him as with
the officer.

Did Professor Gates exhausted after his long flight from China and perhaps
irritable after being unable to gain entry to his own home, become outraged
when he was questioned by Officer Crowley and ordered to step outside?
Maybe. Did the police officer overreact to the professor’s outburst?
Certainly. Did race shape their responses? Most likely.

The officer, rather than treat Professor Gates as a respected member of the
Harvard faculty, probably expected more deference from him because he was
black. Professor Gates, in turn, probably offered more defiance because the
officer was white. Just as the officer may have presumed that Professor
Gates did not belong in the upscale neighborhood, Professor Gates may have
presumed that Crowley was a racist, intent on harassing him.

There is no question that the officer overreacted. Professor Gates should
never have been handcuffed and taken to jail. But if we are to understand
not only this disturbing incident but more tragic interactions as well, we
need to look beyond the question of racial profiling. We need to appreciate
the myriad historical and contemporary factors that too often poison
relations between African Americans and law enforcement agencies.

We would all benefit if law enforcement officers were better trained to
de-escalate such volatile encounters and defuse the understandable anger of
those citizens whom they are pledged to serve.
More Ways of Looking at a Black Man [image: Paul Butler]

*Paul Butler, a former federal prosecutor, is an associate dean and
professor of law at George Washington University. His new book is “Let’s Get
Free: A Hip-Hop Theory of Justice.” <http://www.letsgetfreethebook.com/> *

In a 1995 New Yorker magazine
article<http://www.newyorker.com/archive/1995/10/23/1995_10_23_056_TNY_CARDS_000372419>,
“Thirteen Ways of Looking at a Black Man,” Henry Louis Gates lamented the
profound distrust between African-Americans and the cops. “Blacks — in
particular, black men — swap their experiences of police encounters like war
stories,” he wrote, “and there are few who don’t have more than one story to
tell.”

Here’s mine: In 1990, after graduating from Harvard Law School, I joined the
U.S. Department of Justice, where I was assigned a high-profile case, the
prosecution of a senator for public corruption. Shortly before the trial
date, I was arrested outside my home for a crime I didn’t commit.

It was a silly little misdemeanor, a Fred-and-Barney dispute about a parking
space, but my real crime, like Professor Gates’, was being an uppity black
man in front of a cop. When the police falsely accused me, I too got loud.
One gets that way when he’s a black man who’s always tried to do the right
thing and still ends up treated like a you-know-what by the police.

I made the mistake of showing my arresting officer my Justice department
badge. He smirked and said “You probably know this already: You have the
right to remain silent ….” Then he put me in handcuffs and whisked me off to
jail.

I insisted on going to trial; I wanted an official declaration of my
innocence, which a jury took less than 15 minutes to provide. Years later, I
joke that the experience made a man out of me — a black man. The joke still
gets stuck in my throat.

It is 2009 and yes, an African-American is president of the United States.
Few police officers are racists, and the Cambridge police were right to
investigate the reported crime.

Professor Gates might not have been arrested if he’d been more submissive —
let the cop win the masculinity contest. Every brotha has played that game
as well: you don’t look the popo in the eye, you do say “sir” a lot, and
maybe you won’t get locked up. Then you go home and stew in the stuff that
gives African-American men low life expectancy in America.

Still it doesn’t take diversity training for the police to understand that
some people — especially black folks — will get very angry when a cop enters
their home and asks for proof they live there. After seeing the
identification, the officer should have just left. Whatever Professor Gates
said, the sad truth is that a cop hears worse things shouted at his squad
car any random day in the inner city.

The real tragedy is this: Professor Gates and I, with our excellent lawyers
and middle-class privilege, will be just fine. That’s not true with many of
our young brothers.

A black man born in the 1990’s can expect, statistically, that he will be
arrested at some point in his life. For many, it’s the start of a downward
cycle that includes unemployment and a broken family. None of this is the
fault of the police, but cops don’t encourage respect for the law when they
treat even law-abiding citizens like criminals.

And it’s fine for President to go to the N.A.A.C.P. and scold black parents
about their kids playing too much Nintendo. I agree. But I also hope that
the brother with the biggest soapbox in the world seizes this as a teachable
moment for white folks. Racism still matters. It’s okay for the president to
talk about that too.
Overcoming Implicit Bias [image: Lorie Fridell]

*Lorie Fridell is an associate professor of criminology at the University of
South Florida. She consults with police departments and provides
command-level training on racial profiling. Her most recent article is
entitled, “Racially Biased Policing: The Law Enforcement Response to the
Implicit Black-Crime Association.” *

Many of the stakeholders around the country have declared that racial
profiling — or what I call “racially biased policing” — is the result of
“widespread racism in policing.”

Yes, there are bad police; yes, there are racist police. But, that said, I
think this cause-and-effect declaration is overly narrow, inappropriately
tarnishes the overwhelming number of officers in this country who want to
practice fair and good policing, and thwarts constructive discussion and
change.

While some of the bias in policing is caused by intentional discrimination
against people of color and other groups, the social-psychological research
points to another mechanism producing biased behavior.

Social psychologists have shown that “implicit” or “unconscious” bias can
affect what people perceive and do, even in people who consciously hold
non-prejudiced attitudes. These associations or mental shortcuts include
automatic or implicit associations between minorities, particularly African
Americans, and crime.

Implicit bias might lead the officer to automatically perceive crime in the
making when she observes two young Hispanic males driving in an all-white
neighborhood or lead an officer to be “under-vigilant” with a female subject
because he associates crime and violence with males.

It may manifest itself among law enforcement agency commanders who decide
(without crime-relevant evidence) that a planned gathering of
African-American college students bodes trouble, while a planned gathering
of white undergraduates does not.

Though it cannot easily undo the implicit associations that took a lifetime
to develop, training that makes officers aware of their unconscious biases
so they counteract them can help. Social psychologists have shown that, with
information and motivation, people can carry out controlled (unbiased)
behavioral responses that override automatic (bias-promoting) associations.

With funding from the Department of Justice, I’m working with other experts
to develop two training curricula — one for law enforcement academy recruits
and one for first-line supervisors. These curricula are based on the social
psychological research on human biases. Even the best law enforcement
officers may manifest bias because they are human, and even the best
agencies will have biased policing because they hire humans to do the work.
Race Influences Perception [image: Samuel Sommers]

*Samuel R. Sommers is an associate professor of psychology at Tufts
University.*

When it comes to matters of race, the problem with asking how much progress
we’ve made is not that there isn’t a right answer. It’s that there are two.
Ask white Americans about race relations, and most focus on how far we’ve
come. Ask black Americans, and you’re more likely to hear how far we still
have to go.

Have we made strides when it comes to racial profiling? Sure. The practice
now has a well-known name, jurisdictions keep statistics to track it, and
commissions have been established to eradicate it. But what the arrest of
Dr. Gates crystallizes is that we still have a ways to go.

Whether the person who called the police or the officer who arrived on the
scene consciously considered race is beside the point. What we know from
scores of studies is that race influences our mental calculus — sometimes
when we aren’t aware of it, when we don’t want it to, and even on the police
force.

In psychological research, participants exposed to subliminal photos of
black men are quicker to identify ambiguous images as weapons. Respondents
in police simulation studies — including actual officers — are more likely
to mistake innocuous items for guns when held by a black man. These are
basic human tendencies to which many of us fall victim, yet they aren’t
inevitable with proper vigilance or training.

That’s what makes knee-jerk denials that race played a role in Dr. Gates’s
arrest so disappointing. I’m not arguing that race was the only reason
things went down as they did. I wasn’t there; details remain fuzzy. But
let’s be honest: white Harvard professors just don’t get charged with
disorderly conduct in their own homes. And when black men of less renown are
arrested under similar circumstances, we don’t hear about it on the news.
 No Easy Answer [image: Peter Moskos]

*Peter Moskos <http://www.petermoskos.com/> is an assistant professor of
law, police science and criminal justice administration at John Jay College
of Criminal Justice and the City University of New York’s doctoral program
in sociology. A former Baltimore City police officer, he is the author of “Cop
in the Hood.” <http://press.princeton.edu/titles/8609.html>*

As long as race matters in America, racial profiling will exist. But counter
intuitively, police need to have more discretion, not less, to lessen
profiling.

Police, at least in theory, are trained to avoid profiling. The same can’t
be said for the public. If a citizen calls to report a suspicious person,
police are suddenly forced into a situation that could very well stem from
the ignorance or racism of some anonymous caller. And ignorance, which comes
from all races, does not lend itself to effective community policing.
Unfortunately, the age of the knowledgeable local foot officer is over.

There is a small segment of the population — street-corner young male
high-school drop-out drug dealers come to mind — that *should* be profiled.
Police attention will and should focus on high-crime corners. If these
corners are black, well, reality often isn’t politically correct. In New
York City, there are about 40 white and 330 black homicide victims per year.


While on patrol, police often disparage the criminals they see. When
patrolling an active and violent drug corner in an African-American section
of Baltimore, I half-jokingly accused my partner of not liking black people.
He took offense and responded passionately, “I got nothing against black
people. I just don’t like *these* black people. I don’t care what color they
are. If they were white people acting this way, I wouldn’t like them any
better.”

Race often combines with more substantive issues of class and culture. As
class and culture affect behavior, race becomes entangled in the mix and the
issue of racial profiling becomes even more complicated.

Certainly some police, especially some white police officers, could do a
better job of making class distinctions within African-American
neighborhoods. But even if police were race-blind, as long as whites and
blacks have different levels of violent crime, it is as inevitable as it is
unfortunate that some innocent blacks will suffer from greater police
presence.

There will always be some overlap between racism and profiling and between
profiling and policing. How to limit this is a tough question without an
easy answer.
A Zero-Tolerance Policy [image: Frank Askin]

*Frank Askin is a distinguished professor of law at Rutgers Law
School-Newark, and the founding director of the law school’s Constitutional
Litigation Clinic. He is a general counsel of the American Civil Liberties
Union.*

Combating profiling requires eternal vigilance by law-enforcement agencies.
Unless an agency enforces a zero-tolerance policy, police officers will
inevitably pick on those they perceive to be the most vulnerable members of
society in the hope of finding wrongdoers and winning commendation and
promotion.

In 1970, I brought the first police profiling case in the country on behalf
of the New Jersey A.C.L.U. against the New Jersey State Police for stopping
and searching hippies on the state’s highways. We alleged that the troopers
viewed the practice as a no-lose situation. If they occasionally made a drug
bust, they would win rewards; and they were never punished for
unconstitutional searches. We sought a federal injunction to require the
State Police officials to train their officers in proper patrol practices
and to institute a system of punishments for those who violated
constitutional rights.

After a 6-month trial in a federal court in Newark, we proved what the U.S.
Court of Appeals described as the “callous indifference by the New Jersey
State Police for the rights of citizens using the roads.” However, the
United States Supreme Court in a related case against the Philadelphia
Police Department had prohibited the federal courts from issuing injunctions
against state and local police for a pattern or practice of unconstitutional
behavior.

It was another quarter century before the New Jersey State Police came under
a court order to prevent racial profiling on the state’s roads. And more
recent reports suggest that the New Jersey police may again be slipping back
into their old ways.

These reports and the news this week about the arrest of Professor Gates are
proof that only constant vigilance and vigorous enforcement can protect
against police profiling.
A Good Victim Helps the Cause [image: Phillip Goff]

*Phillip Atiba Goff is an assistant professor of psychology at U.C.L.A. and
the co-founder of the Consortium for Police Leadership in Equity
<http://www.policingequity.org/>which promotes racial and gender equity in
law enforcement through research.*

Dr. Gates makes for a good victim. He is a superstar intellectual of
erudition, status and influence. Moreover, no one is accusing Dr. Gates of
illegal behavior in his recent altercation with a Cambridge police officer.
He was, by his account, simply too tired after a long flight to tolerate
what he perceived to be racially biased policing. That such a distinguished
scholar received such undignified treatment is what makes the incident
newsworthy. But what makes it important is something else: good victims make
good movements possible.

This nation has often needed good victims to gird our moral resolve. I am
reminded particularly of Rosa Parks, who was not the NAACP’s first choice
for the Montgomery bus boycott. That honor belonged to Claudette Colvin, a
15 year-old NAACP volunteer. Ms. Colvin was chosen in part because of her
age and seeming innocence. However, shortly after she was arrested for
refusing to move to the back of a bus, she became pregnant by an older,
married man.

Despite being victimized by an unjust law and abused and humiliated by
police officers, Ms. Colvin’s case ended quietly. Rosa Parks became an icon
while Ms. Colvin, whose pregnancy meant she was no longer a good victim, was
largely forgotten.

The young black and Latino men and women who routinely face the kind of
treatment Professor Gates endured are largely not good victims. They are
young and poor, like Claudette Colvin, and are often involved in crime. When
these people are targeted for humiliating and unfair treatment, it is
difficult for some of us to muster much outrage — even if the outcome is
that 1 in 9 black males between the ages of 20 and 34 are incarcerated. That
apathy should be our shame and not theirs.

As someone who works with law enforcement, I see both how eager many police
chiefs are to make racial progress, and how much progress there is still to
make (they need better research and better training to name the most
pressing areas). But what law enforcement agencies need most of all is
popular attention and the political will to help them improve. Professor
Gates has already stated he intends to make a documentary chronicling racial
bias in the criminal justice system. I hope that his focus on the issue will
lead cultural and political leaders to turn their energies to a problem that
has been ignored for too long.

Claudette Colvin ultimately enjoyed some vindication as one of the
prevailing plaintiffs in Browder v. Gayle, the case that legally ended
segregated transportation in Montgomery. One can only hope that the “bad
victims” of this generation may see a similar victory one day — and that
Professor Gates’s ordeal may move us toward it.
http://roomfordebate.blogs.nytimes.com/2009/07/22/the-gates-case-and-racial-profiling/?hp#ralph
-- 
The greatest part of our happiness depends on our dispositions, not our
circumstances.

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