Category: Law

My Conversation with Rachel Harmon

Rachel Harmon is a Professor at University of Virginia Law School, and an expert on policing.  Here is the audio and transcript, and here is part of the CWT summary:

She joined Tyler to discuss the best ideas for improving policing, including why good data on policing is so hard to come by, why body cams are not a panacea, the benefits and costs of consolidating police departments, why more female cops won’t necessarily reduce the use of force, how federal programs can sometimes misfire, where changing police selection criteria would and wouldn’t help, whether some policing could be replaced by social workers, the sobering frequency of sexual assaults by police, how a national accreditation system might improve police conduct, what reformers can learn from Camden and elsewhere, and more. They close by discussing the future of law schools, what she learned clerking under Guido Calabresi and Stephen Breyer, why she’s drawn to kickboxing and triathlons, and what two things she looks for in a young legal scholar.

And here is one bit:

COWEN: Should we impose higher educational standards on police forces?

HARMON: There’s mixed evidence on that. Slightly older police officers tend to be better in certain respects, at least, and education is often associated with age. But, again, I don’t think that we can select our way out of problems in policing.

COWEN: But why can’t we? Because different individuals — they behave so differently. They think so differently. Why is it that there’s no change in selection criteria that would get the police to be more the way we want them to be, whatever that might be?

HARMON: I think we could do some things. We could screen out people who have committed misconduct in the past, for example, by decertifying them at the state level and therefore discouraging departments that can’t or don’t care very much about quality of their officers from hiring those officers.

It’s not that we can’t select against problems in policing at all. Sometimes we know that an officer’s problematic, and still he’ll wander around from department to department. I think we should set minimum age standards that are above 18, which many states have as a minimum age standard.

But in terms of education or other more subtle factors, I think the effects can often be subtle, and when we look at what creates problems in policing, departments create officers. The officers don’t preexist a department, really, so what you’re really looking at is the culture of the department, the incentive structures, the supervision, discipline. You can make good officers with imperfect people.

Recommended, interesting throughout, and yes we discuss San Francisco and Singapore too.

Racial disparity in federal criminal sentences

Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites arrested for the same crimes. Most of this disparity can be explained by prosecutors’ initial charging decisions, particularly the filing of charges carrying mandatory minimum sentences. Ceteris paribus, the odds of black arrestees facing such a charge are 1.75 times higher than those of white arrestees.

That is by M. Marit Rehavi and Sonja B. Starr in the 2014 Journal of Political Economy.  Via Andreas.

The Spanish Inquisition and the learning curve

Empirical evidence on contemporary torture is sparse. The archives of the Spanish Inquisition provide a detailed historical source of quantitative and qualitative information about interrogational torture. The inquisition tortured brutally and systematically, willing to torment all who it deemed as withholding evidence. This torture yielded information that was often reliable: witnesses in the torture chamber and witnesses that were not tortured provided corresponding information about collaborators, locations, events, and practices. Nonetheless, inquisitors treated the results of interrogations in the torture chamber with skepticism. This bureaucratized torture stands in stark contrast to the “ticking bomb” philosophy that has motivated US torture policy in the aftermath of 9/11. Evidence from the archives of the Spanish Inquisition suggests torture affords no middle ground: one cannot improvise quick, amateurish, and half-hearted torture sessions, motivated by anger and fear, and hope to extract reliable intelligence.

Here is the full piece by Ron E. Hassner, via the excellent Kevin Lewis.

Why don’t NYPD police officers wear more masks?

While police officers may forgo mask-wearing for any number of reasons, from peer pressure within ranks that are loath to change to a desire to more easily communicate, the images have fueled a perception of the police as arrogant and dismissive of protesters’ health — perhaps even at the peril of their own.

And while several officers have conspicuously knelt down with or hugged people at rallies, the widespread failure to use masks is creating a more standoffish look, one that protesters say suggests that the police operate above the rules — one of the very beliefs motivating the nationwide movement.

“If you’re out here to protect the public, it starts with you,” said Chaka McKell, 46, a carpenter from Bedford-Stuyvesant who attended a protest in Downtown Brooklyn on Monday. “The head sets the example for the tail.”

The official New York Police Department policy is that officers should wear masks when interacting with the public. But in a statement on Wednesday, the department dismissed the criticism about the lack of masks as petty.

“Perhaps it was the heat,” Sgt. Jessica McRorie of the department’s press office said in a statement. “Perhaps it was the 15 hour tours, wearing bullet resistant vests in the sun. Perhaps it was the helmets. With everything New York City has been through in the past two weeks and everything we are working toward together, we can put our energy to a better use.”

“In a nutshell,” as they say, and here is the full NYT piece.  This short vignette reflects two basic truths: first, there is a tendency to see oneself above at least some of the laws, and to follow defined procedures only selectively.  Second, given the resources and constraints put on the table, such attitudes should not be entirely surprising.

Rewatching *Serpico*

When I was 12 it was one of my favorite books (by Peter Maas), and shortly thereafter I saw and liked the movie as well.  On this viewing I was struck by the excellent understanding of the culture of corruption, the notion that the mayor is beholden to the police who can threaten to shirk, the performance of Al Pacino, and the wonderful scenes of early 1970s New York City (yes that is Soho you are seeing).

The last quarter of the film should have been shortened.  And for all of its attempts to be a politically correct film, the degree of casual racism and sexism still is astonishing to the modern eye, specifically how either black criminals or attractive women are shown on screen.

Nonetheless recommended, and in particular as historical backdrop for understanding 2020.  Here is a John Arnold thread on the primary of culture in police departments.  And here is the police response to the recent protests.

Here is the Wikipedia page of the actual Frank Serpico, still speaking out against police abuses at age 84.

Policing the Police

Here is the new paper by Tanaya Devi and Roland Fryer, full title being “Policing the Police: The Impact of “Pattern-or-Practice” Investigations on Crime”:

This paper provides the first empirical examination of the impact of federal and state “Pattern-or-Practice” investigations on crime and policing. For investigations that were not preceded by “viral” incidents of deadly force, investigations, on average, led to a statistically significant reduction in homicides and total crime. In stark contrast, all investigations that were preceded by “viral” incidents of deadly force have led to a large and statistically significant increase in homicides and total crime. We estimate that these investigations caused almost 900 excess homicides and almost 34,000 excess felonies. The leading hypothesis for why these investigations increase homicides and total crime is an abrupt change in the quantity of policing activity. In Chicago, the number of police-civilian interactions decreased by almost 90% in the month after the investigation was announced. In Riverside CA, interactions decreased 54%. In St. Louis, self-initiated police activities declined by 46%. Other theories we test such as changes in community trust or the aggressiveness of consent decrees associated with investigations — all contradict the data in important ways.

Via Ilya.

Have we already defunded the police?

Here is more complete data on police expenditures, interesting throughout, via Charles Fain Lehman.  The sociology of this issue I find fascinating.  Usually in Progressive lore, if you defund an agency, you lower its quality and make it all the more dysfunctional.  But in this case, defunding the bureaucracy, namely the police, is supposed to solve the problem.  Is there anywhere a well-worked out model of why this particular bureaucracy might be different from the others?  (Maybe it is, I would gladly link to such an argument!)  Or, dare I say it, is this just mood affiliation and once again…politics isn’t about policy.  I’ll give 4-1 odds on the latter.

Toward a model of the New York City police

Bill de Blasio has excused police officers who swing batons at unarmed protesters and ram their vehicles into crowds. He has repeatedly stuck by his commissioner, Dermot Shea, and maintained the police have acted with the utmost discretion, though eyewitness testimony and videos suggest otherwise. Former aides who worked to elect a mayor on a platform of police reform are aghast. What went wrong, exactly?

Why does the Mayor of New York City defer so egregiously to his police department? Why does this keep happening?

Mass protests aren’t new to New York City. Neither is police violence. The police department in New York is a paramilitary that operates with little accountability, relative to other city agencies. A police commissioner in New York can be thought of as an appointed mayor of a quasi-independent fiefdom. The police commissioner, ultimately, must answer to the mayor and City Council—mayors can fire commissioners at any time—but the police can cow those who oppose them politically. As recently as 2015, one year after Eric Garner died in police custody, the otherwise progressive City Council led a multi-year campaign to hire 1,000 new police officers. This year, in their latest stimulus bill, House Democrats included $300 million for a nationwide police expansion. Politicians of both political parties have supported bolstering police power for decades.

That is from Ross Barkan, here is more:

Police, in this calculus, safeguard property value. If police don’t do their jobs, a mainstream Democratic politician would tell you, the city could spiral into chaos. Crime would skyrocket. Property value would decline. The real estate and investor class would lose confidence in New York and stop investing their capital. Any pivot toward a model of social democratic urban planning—or even, at the minimum, a reduction in the NYPD’s near $6 billion budget—would trigger this unraveling. De Blasio’s appointment of Bratton, the Giuliani-era police commissioner, can be understood in this context. Bratton was a liberal mayor’s concession to a business and real estate establishment he believed needed to be placated. It was a signal that his administration, no matter its reputation, would never veer too far left. De Blasio is of the belief that any progressive reform can’t happen without police to maintain New York’s low crime rate. Any spike will sap political capital for his projects.

Police unions understand politicians. Pat Lynch has been leading the PBA since 1999. He has merely followed a playbook written by past union presidents, who literally staged riots and race-baiting, citywide referendums when mild reforms of the department were proposed. The threat police have dangled over mayors, left and right, is rather simple: you make us angry and we will unleash disorder.

There is more of interest at the link, and for the pointer I thank Jordan.

What should I ask Rachel Harmon?

I will be doing a Conversation with her, and she is a professor of law at the University of Virginia with a specialty in policing.  From her home page:

Rachel Harmon’s scholarship focuses on policing and its legal regulation, and her work has appeared recently in the NYU, Michigan and Stanford law reviews, among others. She teaches in the areas of criminal law and procedure, policing and civil rights. Harmon often advises nonprofit organizations and police departments on legal issues involving the police. She is currently associate reporter for the American Law Institute’s project on policing, and in fall 2017, she served as a law enforcement expert for the Independent Review of the 2017 Protest Events in Charlottesville, Virginia.

Here is her scholar.google.com profile.  So what should I ask her?

Our regulatory state is broken, installment #1837

Americans returning from China landed at U.S. airports by the thousands in early February, potential carriers of a deadly virus who had been diverted to a handful of cities for screening by the Centers for Disease Control and Prevention.

Their arrival prompted a frantic scramble by local and state officials to press the travelers to self-quarantine, and to monitor whether anyone fell ill. It was one of the earliest tests of whether the public health system in the United States could contain the contagion.

But the effort was frustrated as the C.D.C.’s decades-old notification system delivered information collected at the airports that was riddled with duplicative records, bad phone numbers and incomplete addresses. For weeks, officials tried to track passengers using lists sent by the C.D.C., scouring information about each flight in separate spreadsheets.

“It was insane,” said Dr. Sharon Balter, a director at the Los Angeles County Department of Public Health. When the system went offline in mid-February, briefly halting the flow of passenger data, local officials listened in disbelief on a conference call as the C.D.C. responded to the possibility that infected travelers might slip away.

“Just let them go,” two of the health officials recall being told.

Here is the full NYT piece, thorough, excellent, and scary throughout, and it shows a first-rate understanding of bureaucracy.  Don’t forget the CDC budget has risen steadily in real terms.

Model this New York City police force

Last night, and some previous nights, many storefronts in Manhattan were trashed, there was looting in Soho, or how about this description from Rachel Olding at The Daily Beast?:

Hard to describe how rampant the looting was tonight in Midtown Manhattan and how lawless it was. Complete anarchy. Literally hundreds of stores up and down Broadway, Fifth Ave, Sixth Ave. Kids ruling the streets like it was a party.

Now, those are among the most visible and “high value” spots in the whole city and the NYPD has over 38,000 police to draw upon.  So what is the best model of why all that trouble happened and indeed was allowed to happen?  I see a few candidates:

1. Those police are not sufficiently well trained.

2. Those police are trained but they are afraid of confronting protestors and so they don’t do it.

3. The mayor de facto doesn’t want the police to be too involved, as that might be unpopular with swing voters in the primaries or even the general election.

4. The police union insists, de facto, that not many police be sent directly into such confrontations.

5. There is a general lack of accountability, and so there is failure at multiple levels, and so many good things simply do not happen, but for reasons which are not always entirely concrete.

6. The police do not have the right technology to handle these kinds of problems.

Which is it, and which other hypotheses am I neglecting?

As a more general observation, if this problem cannot be solved, complaining about Trump holding the Bible and the tear gas on the way to the church ultimately will fall upon deaf ears.  Ultimately the American public are not going to side against “the thin blue line” (i.e., the police), so to win all those important civil liberties victories you also need the police doing the proper job effectively. Maybe I picked the wrong Google terms but “why didn’t New York police stop rioters” does not in fact yield anything substantive on the question I am asking.  How can that be?  While you’re at it, model that too!

Addendum: One reader hypothesis is to send a signal to the mayor for criticizing them. Another is here: “Similar to Baltimore, the police in Minneapolis will make it clear that looting and widespread private property destruction will be tolerated for the remainder of the protests as a way to conflate protesters and looters and “teach a lesson to” their liberal civilian bosses

The plans for Greece’s reopening to tourists

In the European Union Greece is moving the quickest, but still this does not sound so appealing:

Phase 1 – Until 15 June
International flights are allowed only into Athens airport.
All visitors are tested upon arrival and are required to stay overnight at a designated hotel. If the test is negative, then the passenger self-quarantines for 7 days. If the test is positive, the passenger is quarantined under supervision for 14 days.

Phase 2 – Bridge phase- 15 June to 30 June
International flights are allowed into Athens and Thessaloniki airports.
If your travel originated from an airport not in the EASA affected area list (https://www.easa.europa.eu/SD-2020-01/Airports#group-easa-downloads), then you are only subject to random tests upon arrival.
If you originate from an airport on the EASA affected area list, then you will be tested upon arrival. An overnight stay at a designated hotel is required. If the test is negative then the passenger self-quarantines for 7 days. If the test is positive, the passenger is quarantined under supervision for 14 days.

Here is much more detail.  Via Yannikouts.

That was then, this is now, Minneapolis racial animus edition

Are you familiar with the earlier history of Minneapolis, say from the 1960s and 1970s?  From an article by Jeffrey T. Manuel and Andrew Urban, here is one passage about two mayors:

In 1969, four-term Democratic-Farmer Labor (DFL) mayor and former University of Minnesota political science professor Arthur Naftalin declined to run for a fifth two-year term as the mayor of Minneapolis, leaving the contest open amid the social turbulence of the late 1960s. Naftalin was a close associate of former Minneapolis mayor Hubert H. Humphrey and a practitioner of Humphrey’s brand of liberalism. They believed that government’s role was to manage and coordinate different interest groups within society, such as business leaders, members of organized labor, and racial minorities, so that the city would function efficiently and social conflict could be avoided. By allocating money to various social programs, they believed urban problems such as crime and poverty could be solved. In an unexpected move, Charles Stenvig, a 41-year-old detective in the Minneapolis police department and president of the police federation, threw his hat into the ring as an independent candidate for mayor. Running an unconventional campaign that spent little money and relied on volunteer labor, Stenvig won the 1 969 election by pledging to “take the handcuffs off the police” and to crack down on “racial militants,” criminals, and student protesters. Capturing 62 percent of the vote against a moderate Republican opponent, Stenvig shocked the city’s political establishment with his convincing victory. Running again as an independent in 1971, Stenvig defeated Harry Davis, Minneapolis ‘s first black mayoral candidate, receiving a remarkable 71 percent of the vote.

And:

Naftalin’s connection with academia was a sharp contrast to Stenvig’s open animosity toward higher education.

And:

Naftalin argued that with “proper computers,” a single executive authority could easily – and rationally – control a widely- scattered metropolitan area. For Naftalin, a rational executive would have to make unpopular decisions based on his or her expert knowledge of what was best…

And:

Thus, at several points during his career Stenvig tried to censor what he believed were immoral publications…

And this:

At the national level, many observers were surprised that race could even be a political issue in Minneapolis given the city’s numerically small minority population… Although the city’s African American population was relatively small it was concentrated in several neighborhoods, which led to frequent incidents of alleged police harassment and the belief that residents of black neighborhoods were treated unfairly by the overwhelmingly white police force.

And:

When a 12-year-old African-American boy was attacked by a police dog and dragged down the street by two policemen, many saw it as confirmation of Stenvig’s attitude toward blacks.

Finally:

Far from a naïve reactionary, Stenvig presented a political ideology that was sharply critical of liberalism and rejected social scientific knowledge and abstractions as useful guides for governance.

The article is interesting throughout, and is likely to remain so.  And you can read here about the 1967 race riots in northern Minneapolis.