Remembering Katrina

This week marks the 10th anniversary of Hurricane Katrina. In reflection, we’d like to highlight a few recent books that explore the effects of the historic storm and its impact on the resilient city of New Orleans.

Mardi Gras, jazz, voodoo, gumbo, Bourbon Street, the French Quarter—all evoke that place that is unlike any other: New Orleans. But what is it that makes New Orleans ‘authentic’? In Authentic New Orleans, Kevin Fox Gotham explains how New Orleans became a tourist town, a spectacular locale known as much for its excesses as for its quirky Southern charm. Beginning in the aftermath of Hurricane Katrina amid the whirlwind of speculation and dread surrounding the rebuilding of the city, Gotham provides a unique interpretation of New Orleans, one that goes beyond its veneer and moves into the rich cultural roots of this unique American landmark.


 

In Critical Rhetorics of Race, a groundbreaking collection edited by Michael G. Lacy and Kent A. Ono, scholars seek to examine the complicated and contradictory terrain of racial rhetoric, critiquing our depictions of race in innovative and exciting ways. In the powerful first chapter, Michael G. Lacy and Kathleen C. Haspel take us back in time to the post-apocalyptic New Orleans of 2005 to explore the media’s troubling representations of black looters following the devastation caused by Hurricane Katrina.


 

When the images of desperate, hungry, thirsty, sick, mostly black people circulated in the aftermath of Hurricane Katrina, it became apparent to the whole country that race did indeed matter when it came to government assistance. The Wrong Complexion for Protection illuminates the long history of failed government responses to a range of environmental and health threats to African Americans. Drawing on compelling case studies and jaw-dropping statistics, the book is a sobering exploration of the brutal realities of institutionalized racism in disaster response and recovery.


 

Comment forums reveal GOP dissatisfaction

—Karen S. Hoffman

[This post is part of the 2016 election series, curated by Victoria A. Farrar-Myers and Justin S. Vaughn, co-editors of Controlling the Message.]

Since the 2012 election cycle the role of digital politics continues to evolve. Now the story is all about social media: Facebook, Twitter, Instagram, Pinterest, and LinkedIn are all venues for candidates to communicate with voters. (All declared, and soon to be declared, candidates have Facebook and Twitter accounts.) Hillary Clinton leads on Twitter with over 3.7 million followers. Donald Trump is not far behind with just over 3 million. Rand Paul has the most “likes” on Facebook with over 2 million. There is good reason for the candidates to use social media tools. Pew reports that in 2014, 71% of adults online use Facebook. Sixty-five percent of those share, post, and comment at least sometimes on Facebook. And almost one-third of those post and comment about the news on Facebook. Data on Millennials is even more striking. According to Pew, Facebook is their main source for news about government and politics.

Social media has also impacted the way that citizens participate in political debate. At the time of my analysis of the 2012 presidential election, the main space for people to join an online debate about political issues was the comment forum that sits below individual articles on many news sites. While the democratizing effect of this type of public debate was celebrated, the substance of the discourse was also criticized as rude and vulgar. Some believed that the language on such forums represented only the most extreme and polemic views, undermining public discourse altogether. I disputed this position in my analysis of 2012 comment forum speech leading up to the presidential election, demonstrating that the substance of most comment forum speech was, in fact, fairly similar to elite discourse about the presidential election. If there was a problem with incivility during the 2012 election cycle, the problem existed far beyond citizen comment forums.

Heading into the 2016 presidential cycle, social media has also changed the nature of comment forums. Due to the tremendous increase in social media users, as well as a desire to improve the civility of comments, many news sources either require contributors to sign in through an existing social media account, or have moved public discussion to social media sites altogether. For instance, in 2014, Huffington Post banned anonymous comments and required contributors to sign in through a social media account to ensure that their comments were attached to a real name (no more “sukonthis,” “libs_r_trouble,” or “mancreatedgod”). CNN removed its comment forums altogether at the end of 2014, opting to host discussion via its Facebook and Twitter platforms. Fox News is an interesting exception. During the months leading up to the 2012 election, Fox News disabled its comment function completely, but since the election, has brought back the comment forum for some articles. In general, all news sites now have Facebook accounts, whether or not they have retained the comment forum function on their official news sites.

So, has the move to Facebook altered the substance of online public discourse? At this stage, it is difficult to compare current Facebook discussions with my original analysis. The 2012 data came from comments generated in the final months of the general election cycle, while we are barely into the primary season for 2016. Discussion during a primary season is likely qualitatively different from discussion during a general election, when internal party disagreement decreases. Keeping in mind that this is the primary stage, with most of the cycle still ahead us, two things stand out in comment forums. First, the changes in comment forums rules and venues have not changed the discourse. Second, conservative commenters are really angry at the Republican establishment.

First, language has not changed much as it moves to social media. Comments are still very polarized, routinely rude, and often tied to policy issues, very loosely defined, which is what I found in my first analysis. The one difference is not the speech, but the more polarized discussion spaces. As people rely on social media for their news, they are exposed to fewer perspectives, because even more than before, people see the news they want to see. It is also still true that social media comments on the 2016 presidential race still track fairly closely with elite discourse, which is similar to my findings in 2012. Because the rules now make it harder (although not impossible) to post anonymously, it is increasingly difficult to dismiss comment forums as the ravings of extremists and trolls who do not represent real citizens’ views. Further, as Pew reports, “For most politically active SNS users, social networking sites are not a separate realm of political activity. They are frequently active in other aspects of civic life.” While we might want to ignore this discourse, the people posting on comment forums are likely to be a factor in the presidential election.

Second, it is abundantly clear that there is discontent amongst the conservatives represented on comment forums. Everyone knows that liberals and conservatives are polarized, but the division within the Republican Party is extremely evident online, as well. Conservatives who post on these forums are very upset with the Republican establishment. They believe that their causes have faced nothing but losses – losses that are the fault of Republicans, such as a majority Republican Congress that has not delivered results (in their minds) and two significant defeats from a presumably conservative Supreme Court (on healthcare and gay marriage.) Typical posts on the subject are as follows:

“Why [have] the Republicans…done NOTHING since they won a landslide victory in both houses???????????????”

“I have not missed a presidential vote since Reagan in 1980. I’m so very close to sitting this next one out. The candidate better be an uncompromised Constitutionalist or I’m out.”

“…Thus far, none of the elected Republicans have shown any backbone at all or done what they promised they would do. We still have Obamacare, it’s not defunded, or removed. We still have a budget that only serves special interests. We have the rights of Christians, gun owners, and the constitution under attack. Can ANY of YOU remember that you are elected to protect the Constitution?…”

The fury fairly leaps off the page on these forums and it is clear that at this point in the election cycle they are not at all interested in candidates who can build coalitions and consensus. They want a fighter who will defeat the opposition, not work with them.

Enter Donald Trump. Many elites scoff at Trump’s bombastic language, fairly criticizing its flaws in fact and tone. They are also surprised (and sometimes worried) at the support he has received thus far. Based on comment forum discourse, however, it is not surprising at all. The attraction of Trump is not his mastery of policy issues – it is his uncompromising, “take no prisoners” approach to our political problems. For conservatives who feel the establishment wing achieves nothing by bargaining and negotiating in the political process, his rhetoric is music to their ears. In the words of commenters,

“These main stream Republicans are running scared. The are basically no different than the democrats. Spineless. Crank it up Mr. Trump!”

“The republicans bashing trump are weak. And jealous of him. These republicans are the same ones meander [sic] with the dems behind close [sic] doors.”

“I want Ted Cruz, Carly Fiornia and other candidates – including Donald Trump included in the upcoming debates. No more shoving some weak kneed GOP candidate who will lose (again) to the Liberal Progressives who have taken over the Democrat party. If FOX can’t accomplish this simple task, why should we TRUST FOX NEWS anymore?”

There is currently great support for Trump’s candidacy. Of the first 100 comments on a Fox News Facebook post about Trump, 92 expressed support. This is typical for conservative forums where support for Trump currently in the majority, if not a supermajority. A tally of the comments on a CNN Facebook post about Anderson Cooper’s interview with Trump showed less support, only 24 of the first 100 comments were supportive (which is not insignificant, given CNN’s position in the media’s mainstream). Based on a reading of the first 100 comments of four CNN Facebook pieces about presidential candidates, approximately 20% support Trump. Of course, today’s frontrunners may be forgotten in a few months (or even weeks), but the anger at establishment Republicans is the force driving support for Trump and will likely continue to be a factor in the race. Trump may not be the ultimate vehicle for this element of the Republican Party, but they want a candidate who is a fighter and not interested in bargaining and compromise.

Viewed individually, comment forum posts do not provide much insight on public opinion and they mostly serve to alarm everyone about the decline of civilized discourse. If you read enough of this speech, however, overall trends emerge. In the aggregate, comment forums are particularly useful in identifying more visceral aspects of opinion. The substance of this language is similar to elite discourse, but public comments tap into an overall mood.

Every week is a lifetime in a political campaign and it is not likely that Trump’s appeal can survive the entire primary cycle. The details of his various policy pronouncements are conveniently vague, and his bold statements will not be as impressive when subjected to close scrutiny. The anger and division within the Republican Party will remain, however, and Republican candidates will have the unenviable task of placating a very active wing of the Republican Party that is not in the mood for compromise and wants nothing to do with Establishment Republicans. I would not be surprised if many Republican candidates are currently hearing this message loud and clear (which is why many of them are hesitant to simply denounce Trump) and will continue to incorporate plenty of “fighting” words in their discourse. It is telling that Scott Walker’s speech declaring his candidacy did not tout a record of building consensus and getting things done, but rather that he could fight and win.

By the time the general election rolls around, this rebellion could subside as Republicans close ranks against the Democratic candidate, but the gist of the current comment forum language is that they erred in “settling” for Mitt Romney in 2012 and are not going to make that mistake again.

Karen S. Hoffman is Director of Undergraduate Studies and Visiting Assistant Professor in the Department of Political Science at Marquette University. She is the author of Popular Leadership in the Presidency: Origins and Practice. She has also published articles on the presidency, presidential rhetoric, and political communication in Rhetoric & Public Affairs and Congress and the Presidency. Her essay on comment forum speech appears in Controlling the Message: New Media in American Political Campaigns (NYU Press, 2015).

Controlling the message

—Victoria A. Farrar-Myers and Justin S. Vaughn

It is that time of the election cycle again, when presidential campaigns are gearing up and preparing for primary contests and, for a select few, general election races. As the would-be presidents seek to turn their electoral dreams into action, they are hiring staff, establishing PACs, and wooing donors. In addition, as many hopeful candidates have done in recent elections, they are building social media management teams, whose sole job it is to shape the candidate’s brand, leverage their political platform, and control ‘the message.’

In our recent volume, Controlling the Message: New Media in American Political Campaigns, we collected more than a dozen essays that draw on real-time data collected during the 2012 election cycle to analyze how the new politics of social media affect, and are affected by, political campaigns. As the 2016 elections approach, we plan to bring you a series of blog posts from authors of those essays that link this scholarly knowledge to ongoing developments in the world of politics.

The excerpt that follows is from the first of these pieces. Authored by Karen Hoffman of Marquette University, it examines the political rhetoric of comment forums found at online media sites. Professor Hoffman shows that the dynamics of comment forum rhetoric so far in this election cycle continue to demonstrate the characteristics she wrote about in Controlling the Message. Further, she makes key observations about what this rhetoric tells us about conservative Republicans in the current election cycle.

So, has the move to Facebook altered the substance of online public discourse? At this stage, it is difficult to compare current Facebook discussions with my original analysis. The 2012 data came from comments generated in the final months of the general election cycle, while we are barely into the primary season for 2016. Discussion during a primary season is likely qualitatively different from discussion during a general election, when internal party disagreement decreases. Keeping in mind that this is the primary stage, with most of the cycle still ahead us, two things stand out in comment forums. First, the changes in comment forums rules and venues have not changed the discourse. Second, conservative commenters are really angry at the Republican establishment…

Read the whole essay here, and follow the series on the NYU Press blog.

Victoria A. Farrar-Myers is Senior Fellow and Director of the Tower Scholars Program in the John Goodwin Tower Center for Political Studies at Southern Methodist UniversityJustin S. Vaughn is Associate Professor of Political Science at Boise State University. They are co-editors of Controlling the Message: New Media in American Political Campaigns (NYU Press, 2015).

Book notes: Beyond Deportation

—Shoba Sivaprasad Wadhia

“Prosecutorial discretion” refers to a decision made by an agency (in this case, the Department of Homeland Security) about whether or not to enforce the immigration laws against a person or group of persons. A prosecutorial discretion grant is significant because it functions as a temporary form of protection from deportation even though the immigration “status” conferred is tenuous.

wadhia frontA prosecutorial discretion grant is also important to the agency because it allows the agency to use its limited resources to pursue true enforcement priorities and also injects compassion into an otherwise complex and broken immigration ­system. Beyond Deportation reveals just how much and for how long prosecutorial discretion in immigration law has been grounded on compassion.

The visibility of prosecutorial discretion has increased in such dramatic ways that it becomes hard to imagine a time when prosecutorial discretion fell outside the popular immigration vocabulary. Its popularity peaked in June 2012 when President Barack Obama announced a policy termed DACA, or Deferred Action for Childhood Arrivals. DACA is a form of prosecutorial discretion in immigration law and has allowed thousands of young people to work, study, and drive in the United States with dignity and without the constant fear of arrest and possible deportation.

Prosecutorial discretion became even more popular after November 20, 2014 when President Obama announced a series of executive actions on immi­gration. These actions include an expansion of the DACA program and the establishment of a new deferred action program for qualifying parents of U.S. citizens and lawful permanent residents in cases where the parents have resided in the United States for at least five years. These most recent deferred action programs are on hold because of litigation by 25 states and the state of Texas against the federal government challenging the legality of these programs. Along with these “on-hold” deferred action programs, the Administration published a new priorities memo entitled “Policies for Apprehen­sion, Detention, and Removal of Undocumented Immigrants.” The priorities memo is operational today and in six pages attempts to spell out the Administration’s priorities for removal and a refined prosecutorial discretion policy.

One of the chapters in Beyond Deportation discusses the immigration case of John Lennon and the efforts undertaken by his attorney, Leon Wildes, to encourage the immigra­tion agency to publish its policies about prosecutorial discretion. The Lennon case is significant because it triggered the publication of the immigration agency’s first guidance on “deferred action,” a form of prosecutorial discretion that has been used as a remedy for individu­als facing compelling circumstances for many years and was showcased most recently with the President’s executive actions. The book offers context to this case by providing a detailed history of “deferred action” and examples of how it has been applied to both individuals and special populations, such as vic­tims of domestic violence, sexual assault, and other crimes. The book scrutinizes thousands of deferred action cases and identifies a historical and humanitarian pattern for the types of cases that are processed and granted deferred action. In the last fifty years, people have received deferred action for largely humanitarian reasons, including the following attributes: advanced or tender age; long term presence in the United States; serious medical condition, or a primary caregiver to a person with a serious medical condition; and family members who are U.S. citizens.

Much of the deferred action data analyzed in Beyond Deportation was obtained through the Freedom of Information Act, or FOIA. In the early years of my FOIA adventures, the data was in some cases disorganized, illegible and elusive. Even obtaining illegible data was remarkably exhausting and sometimes involved multiple communications with FOIA officers, government attorneys and the DHS’s own ombudsman. But the challenge was not limited to the shield held by the agency over the information itself or questions to myself about whether practitioners and scholars should have to file a FOIA to obtain basic information on topics such as ‘how to file a deferred action request.’ The challenges were more complex because some of the data I sought was simply not tracked by the agency. As one example and as a result of a FOIA lawsuit with ICE over deferred action cases, ICE confirmed that it did not track deferred action cases before 2012.

My own experiences in seeking and sorting data inform the book’s discussion about transparency. Transparency in prosecutorial discretion mat­ters because it improves the possibility that justice will be served for people whose roots and presence are in United States. Transparency also promotes other administrative law values like consistency, efficiency and public acceptability. I commend DHS for advancing these values through DACA—by creating a program that is trans­parent and aimed at protecting young people who satisfy the program’s core elements and, in these modern times, reflect the program’s humanitarian roots.

Beyond Deportation closes with praise for DACA but is replete with recommendations to the general deferred action program, which continues to lack form, specific criteria or even basic instructions on how to apply. As to the broader prosecutorial discretion policy, the bookcalls on DHS to look at the whole person when making prosecutorial discretion decisions. DHS memoranda on prosecutorial discretion suggest that no one single factor is dispositive to a prosecutorial discretion decision. However, the book’s case profiles of those deported—and anecdotes from immigration advocates and members of Congress about the impact of these deportations on families—raise important concerns to the contrary.

Whether or not prosecutorial discretion has earned visibility for political reasons, understanding the history of prosecutorial discretion and the important role it plays in U.S. immigration law is essential. My own preoccupation with prosecutorial discretion began during my time as law student clerk and later attorney at Maggio Kattar P.C. I worked on a wide range of immigration cases, but the most life-changing cases involved those individuals whose only prayer was prosecutorial discretion. Following the attacks of September 11, 2001, I worked for several years as a legislative lawyer in front of the “political” branches, advocates, and affected communities. In the decade after 9/11, agency officials and policymakers were loath to openly discuss “prosecutorial discretion.” For the last seven years, I have lived in central Pennsylvania writing largely about the role of discretion, teaching immigration, and directing the Center for Immigrants’ Rights Clinic. This professional background combined my personal life experience as a child of immigrants raised in the U.S. with tremendous opportunity, a wife, and mother set the landscape for Beyond Deportation. I am honored to have had the opportunity to write this book and to share some of its origins here.

Shoba Sivaprasad Wadhia is the Samuel Weiss Faculty Scholar, law professor, and director of the Center for Immigrants’ Rights at Penn State Law. She is the author of Beyond Deportation: The Role of Prosecutorial Discretion in Immigration Cases (NYU Press, 2015).

To eradicate health care disparities, the Supreme Court needs enforcement

—Dayna Bowen Matthew

matthewIn the long-awaited King v. Burwell ruling last month, the Supreme Court took a major step forward in the fight to eradicate the racial and ethnic health disparities that result in the loss of over 83,000 black and brown lives in America each year. But just as the Court’s groundbreaking Brown v. Board of Education decision was not enough to guarantee equal educational opportunity for minorities in 1959, the Supreme Court’s ruling alone cannot ensure equality in American health care today.

King v. Burwell hinged on the decision to uphold tax subsidies for those who purchased coverage through the Affordable Care Act (ACA).  By affirming the constitutionality of the Affordable Care Act’s tax credits for individuals with household incomes between 100% and 400% of the federal poverty line, the Court’s ruling preserved the economic support that many low income families (by some estimates, over 26 million Americans) rely on to buy health insurance and access health care.

Beyond preserving the Act’s economic support, King v. Burwell also protected the Affordable Care Act’s nondiscrimination provisions. Section 1557 of the ACA is the first-ever civil rights provision to specifically prohibit discrimination in the health care industry. This statute could represent a turning point—a veritable Gettysburg—in the fight against racial and ethnic health disparities. But only if the Department of Health and Human Services (DHHS) makes full use of it.

Section 1557 breathes new life into Title VI of the Civil Rights Act and could be enforced to prohibit discrimination in health care based on race, color, or national origin. Thus far, the DHHS has applied Section 1557 successfully to combat sex discrimination in health care—important in its use to protect transgender patients, and ensure that providers treat men and women equitably in the context of hospital emergency departments. DHHS has also employed Section 1557 to win a number of significant agreements requiring providers across the country to ensure language access for persons with limited English proficiency. But HHS can, and must, go further.

The Department of Health and Human Services must use Section 1557 to challenge the well-documented discriminatory treatment practices that deny minority patients access to medical care for heart disease, diabetes, cancer, and a wide range of other illnesses. Section 1557 has yet to be leveraged to curb rampant discriminatory patient admission and transfer practices; differential pricing and prescribing of specialty drugs used to treat chronic diseases that disproportionately affect minority patients; gross under-representation of minorities in research clinical trials; or the shocking lack of diversity in the medical workforce, all of which are persistent contributors to disparate health outcomes for racial and ethnic minorities.

The deadly, disparate impact of these and other discriminatory practices can and should be the focus of new investigations and enforcement activities. Only then will we ensure an end to the legacy of inequality in America’s health care system.

Dayna Bowen Matthew is Professor at University of Colorado Law School and the Colorado School of Public Health. She serves on the faculty of the University of Colorado Center for Bioethics and Humanities, and she is co-founder of the Colorado Health Equity Project, a medical legal partnership whose mission is to remove barriers to good health for low-income clients. She is the author of Just Medicine: A Cure for Racial Inequality in American Health Care (NYU Press, 2015).

Obama and the N-word

—Andra Gillespie

The president said the N-word, and it became a top news story.

Now, it wasn’t the first time a president said the word — recordings exist in which Lyndon Johnson and Richard Nixon use the term artfully and prolifically.

However, it was the first time in recent memory that we know that a president used the term and meant to be heard saying it publicly. And, of course, it is not lost on audiences that said president is black.

Since I am someone who studies how black politicians born after 1960 advocate for African American interests, this story definitely piqued my interest.

What does it mean for any president, much less a black one who used race-neutral campaign tactics, to use such a word?

And is our attention on this story a distraction, especially in light of real racial issues, like police brutality and the recent hate crime in Charleston?

A proper use of language

I think people are making a bigger deal about President Obama’s use of this word than is necessary.

Yes, it is rarely heard in polite company. But if one has to use the word, the way in which President Obama deployed it was entirely proper.

He was not using it as part of his Chris Rock or Richard Pryor impression. He was not calling out any person or group of people. He used the term in the context of talking about people who say that word.

And frankly, by using the actual word instead of resorting to the contrivance of saying “the N-word,” he was rhetorically effective.

The problem is our collective American tendency to be superficial.

When President Obama invoked the N-word, he was making an important point about structural racism and our moral responsibility to be vigilant against all remaining forms of racial discrimination.

He rightly pointed out that some people think that refraining from the use of racial slurs is the sum of eliminating racism.

He rightfully observed that removing those words from one’s vocabulary is but a small part of promoting racial equality.

Yes, we should modify our language to be respectful of all people, but one can racially profile, deny jobs, housing and equal pay, and provide substandard schooling to minorities without calling them a racial slur. Frankly, these things are materially more important.

In his own way, President Obama was trying to shock Americans into thinking more critically about racial issues.

Starting a conversation about race

There is a tendency in this country to avoid serious conversations about race.

We’d rather relegate racism to the 1950s or contend that it is a province of backwards southerners.

Then, when we are confronted with the facts of continuing inequality — like the fact that in New York, black and Latino youth were more likely to be stopped and frisked by the police without cause or that last year, the Pew Research Center found that median white net worth was 13 times the median net worth of blacks — we look for every other possible explanation and refuse to confront the ways that racism explains a lot of the disparity.

Americans’ tendency to not address an obvious cause of so much inequality and strife dooms us to repeat the same cycle of racial conflict and even violence over and over again.

Some people might argue that by resurrecting such a hurtful word, President Obama was creating another smokescreen for racial issues.

Instead of talking about healing Charleston, for instance, news programs are devoting airtime to deconstructing the president’s use of this word.

Just one of the many media dissections of the president’s language.

Hopefully, though, the president’s deployment of this term (and his larger argument for having deeper discussions about how to reduce racial inequality) will sink in because of the shock of having him speak so bluntly about the issue.

If by next week, we are talking about actual structural inequality and not about the fact that President Obama said the N-word (to be clear, the current debate about the Confederate flag is an important one but a symbolic issue), then perhaps we can give him credit for having started a meaningful dialogue about race.

Andra Gillespie is Associate Professor of Political Science at Emory University and author of The New Black Politician: Cory Booker, Newark, and Post-Racial America (NYU Press, 2012).

[This article was originally published on The Conversation. Read the original article.]

Community organizing to end the school-to-jail track

—Ben Kirshner and Ricardo Martinez

The Black Lives Matter movement has galvanized people throughout the US to speak up about systemic racism and the devastating impact of mass incarceration on communities of color. Civil disobedience and mass protest since Ferguson have generated needed media attention to the persistence of American racism. What the national media often overlooks, however, has been the last decade of tireless organizing by students, parents, and community organizers to dismantle the school-to-jail track inside K-12 schools.

PJU-report2015According to the Advancement Project, the school-to-jail track refers to a system in which “out-of-school suspensions, expulsions, and school-based arrests are increasingly used to deal with student misbehavior, especially for minor incidents, and huge numbers of children and youth are pushed out of school and into the juvenile and criminal justice systems.” This system became the new normal in the mid-1990s as zero tolerance school policies spread throughout the United States. The impact landed disproportionately on youth of color, mostly African American and Latino. A report by the Annie E. Casey Foundation, for example, found that African American youth were six times and Latino youth three times more likely than White youth to be incarcerated for the same offenses.

Padres & Jóvenes Unidos (PJU), a multigenerational and multiracial community organizing group based in the southwest side of Denver, Colorado, became involved in this issue when they saw their membership facing increased criminalization in schools. Since launching its End the School-to-Jail Track campaign in 2005, PJU has seen several of its goals met, including revisions to the Denver Public Schools disciplinary code, passage of a Colorado state law about school safety, and new agreements between police and school districts reducing police presence. New research carried out by PJU is a resource to hold state policymakers accountable for proper implementation. Young people of color have worked on the front lines of this campaign in various capacities—tackling problem analysis, formulating strategy, recruiting members, collecting data, speaking at public events, and communicating with media. The intergenerational structure of Padres & Jóvenes Unidos creates a space where middle and high school students often work side-by-side with young adults and veteran organizers to prepare for meetings and clarify strategy.

PJU’s impact is not limited to its policy achievements, but also in what it means for civic renewal and grassroots democracy. In a social and political context where the participation of regular people—not specialists or lobbyists—in public policy-making is rare, and youth participation is even rarer, the End the School-to-Jail Track campaign offers a bright exception. Students’ experience of engaging in high-stakes encounters with policy makers, including praising them when called for and voicing criticism when necessary, contributes to a culture shift, even if incremental, in which young people are taken seriously in the public square.

2015 has been a year of increased conversation about racial discrimination in policing and the courts. In a development that would not have been possible five years ago, presidential candidates from both major parties are calling for an end to mass incarceration. As the US tries to make collective progress on this issue, it will be important to also address how schools educate and discipline youth. This means not just doing away with racist practices but creating new systems to take their place, such as restorative justice and other forms of discipline that foster healthy relationships and a sense of community in schools. This slow and steady work of institution-building is most likely to have lasting effects if led by groups such as PJU, which are made up of students and parents from the communities that experience the impact of racial profiling in their everyday lives.

Ben Kirshner is Associate Professor of Education at the University of Colorado Boulder and author of Youth Activism in an Era of Education Inequality (NYU Press, 2015).

Ricardo Martinez is Co-Executive Director of Padres & Jóvenes Unidos.

Race, ethnicity, and policing

Last year, the killings of unarmed black men by white police officers—the shooting of Michael Brown in Ferguson, Missouri and the chokehold death of Eric Garner in New York City—sparked massive protests and a politically-charged debate on race, policing, and the use of force that continues across the country today.

Here at NYU Press, we rounded up a few experts on the topic, including co-editors Stephen K. Rice and Michael D. White and contributors Amanda Geller, Matthew Hickman, Robert Kane, William Parkin, and Ronald Weitzer of Race, Ethnicity, and Policing: New and Essential Readings (NYU Press, 2010).

race

Hands up, don’t shoot

One of the responses to the recent police-involved killings of unarmed black men has been a call for police departments to diversify. If police forces were more racially diverse, do you think this would alleviate tensions between police and communities?

MICHAEL WHITE: Racial diversity in a police department is important. The Commission on Accreditation of Law Enforcement Agencies (CALEA) recommends that a police department be representative of the community it serves. On conceptual and perceptual levels, the arguments favoring representativeness are persuasive. Representativeness can demonstrate to a minority community that their police department cares about their needs, interests and well-being. Perception matters a great deal in this regard. The conceptual arguments are equally compelling. Presumably, minority officers will have a better understanding of the cultural norms and beliefs of the residents in a minority neighborhood. Presumably, citizens will feel better about police officers who look and think like them; and who have an understanding of the issues in their community. Presumably, minority officers will be better able to manage difficult encounters with citizens of their own race, because of their more intimate understanding of the background, history and experiences of the people in those minority neighborhoods who may require police service. Though the empirical evidence supporting these perceptual and conceptual arguments is mixed, police departments should be racially and ethnically diverse.

AMANDA GELLER: Diversity among police officers can certainly help improve community relationships on some fronts – resolving linguistic challenges in immigrant communities, for example. To the extent that officers have personal ties to the communities they police, that can also help to establish and reinforce community trust. But diversity alone won’t alleviate tensions if the officers are behaving in ways that the community finds illegitimate. In order to alleviate police-community tensions, community members will need to believe that the police will deal with them in a constitutional way, and treat them with respect.

RONALD WEITZER: Racial diversification of police departments is endorsed by the vast majority of Americans. Some departments have made substantial progress in diversification, but many others are out of sync with the local population.Officers of different racial backgrounds generally behave similarly when they interact with members of the public. They are trained similarly and differ little in performing their duties. But because diversification is popular with the public, it can have intangible, symbolic benefits: helping to build trust and confidence in the police. A police department that reflects the composition of the local population can enhance its reputation and status among residents. A diverse police force can also help to decrease the sense that people are being stopped and questioned solely because of their race. In a majority-black city like Ferguson, where 50 of the 53 officers are white, it is not surprising that African Americans who are stopped might feel like they have been racially profiled.

ROBERT KANE: Diversity is crucial to achieve a well functioning police department. Indeed, as police departments diversify, they tend to become better “behaved” (that is, organizational rates of misconduct decline). To reap the full benefits of diversity, however, police agencies must open all ranks (e.g., detective, supervisory, command, administrative) to minority officers, so that minority officer influence doesn’t just come from the bottom-up, but also from the top-down in the form of policies, practices, and procedures. This shift in organizational culture can only occur if minority officers advance beyond line level ranks.

Amid the multitude of public protests across the country, what do you think is the appropriate role of the media? 

STEPHEN RICE: I’m feeling somewhat optimistic about how well the media’s been drawing on empirical evidence in framing their stories. Sure, there are still a multitude of media outlets that sing the ‘song of sexy’ anecdote, but there are also outlets that attempt to explain crime and criminal justice in serious ways. For example, in recent months, WNYC’s John Hockenberry has invited scholars to speak on a wide range of topics surrounding the issue, including Dennis Rosenbaum on police oversight and accountability, Jon Shane on police organizational culture, varied compelling experts on Ferguson, and George Kelling on broken windows. The next step will be to see how well practitioners such as police leadership work to better integrate empirical evidence into their operations. When corporate America came to realize that evangelizing products and services were key differentiators, they hired CEOs (Chief Evangelist Officers). Why not consider evangelism marketing in police departments by senior-level leaders whose principal task it is to explain how operations are informed by what we know, empirically, about crime and place, community policing, police legitimacy, and competing models of officer engagement?

WILLIAM PARKIN: One can talk about responsible journalism and its role in reporting on and framing the public protests. However, I prefer to put the onus on the public. The media, like most businesses, is driven by the need to supply a product that their audience will consume. It should be of no surprise, then, when media outlets produce sensationalized, polemic pieces that superficially discuss these issues. They present easy-to-understand, black-and-white interpretations of the perspectives of those who support or oppose the viewpoints of the protestors and law enforcement. These stories cater to their typical audience. There are, however, media outlets that provide thoughtful, balanced reporting that attempt to dissect the complicated issues that have brought the country to where it is, in relation to law enforcement, accountability, and the use of force. Instead of discussing the appropriate role of the media, I encourage the public to understand their role and to consume media that attempts to find a solution, not sensationalize the problem.

How would you propose police go about changing their image to that of an effective and legitimate agency of authority?

AMANDA GELLER: Public perceptions of the police are largely shaped by personal experience, and what’s known as “vicarious” experience – the experiences of friends and family, and what people witness in their communities. We also know that this legal socialization is shaped not only by whether people have been stopped by the police (or witness the stops of others in their communities), but also by what happens in these encounters. If people feel like they’ve been treated fairly – that they were stopped for a legitimate reason, treated with respect, given a chance to explain themselves – and if they feel that decisions were made through just procedures, these types of encounters can help to restore a sense of police legitimacy among community members.

To ensure accountability and transparency, how can police corruption be monitored or prevented?

MATTHEW HICKMAN: There are several levels of monitoring that need to be considered. First, we expect police departments themselves to provide some degree of internal oversight. Over time, there has been a steady trend toward emphasizing external oversight bodies as a compliment to internal review functions. There are many different models of civilian oversight, but all recognize that a greater role of civilians in oversight is fundamentally democratic and seeks to ensure some level of responsiveness to community concerns. Most important is the vigilance of community groups and organizations, such as local chapters of the American Civil Liberties Union. When all else fails, the U.S. Department of Justice has authority to pursue criminal action against officers and civil litigation against police departments that evidence behavior infringing on constitutional rights.

Given the attacks in Paris at Charlie Hebdo and the Hyper Cacher kosher market, some have argued that ethnic and faith-based profiling will rise in Europe and/or the United States. How do you feel we should frame profiling in a broader, global context?

STEPHEN RICE: No matter how strenuously one might feel that differential attention is warranted in neighborhoods or airports, a simple fact remains: profiling is fraught with error (Type 1 error, or false positives), a condition which fundamentally undermines public trust and its willingness to impart authorities with the power to exercise discretion. When one speaks of Muslim Americans—a group estimated at 2.5 million nationwide—perceptions of profiling is very serious business. Judgments people make about the fairness of their experiences condition views regarding the legitimacy of authority, and these views shape compliance with the law. In Europe, future perceived attacks on civil rights under the banner of assimilation (e.g., banning of the hijab) may come to be framed concomitant with a “war on terror,” hence as structured anti-Muslim discrimination. There is a critical relationship between interactions with agents of social control, the emotions that can manifest as a result of these interactions (e.g., anger, rage, humiliation), and an individual’s willingness to accept the legitimacy of authority.

WILLIAM PARKIN: As humans, we are forced to generalize, stereotype and make assumptions about people and places based on limited information. Most of us have few, if any, meaningful interactions on a daily basis with people of different races, ethnicities, cultures or religions. Therefore, when profiling based on race or religion is presented as an option for combating crime or terrorism, it seems like a practical solution to the majority (i.e., those not being profiled). A deeper analysis of the issue, however, leads to questions around whether profiling is a fair application of justice: Does it undermine the legitimacy of the criminal justice system? Could it actually alienate—or increase the risk presented by—these profiled groups? Does it even work? In many ways, it is like looking for a needle in a haystack where, to you, every piece of hay also looks like a needle. Law enforcement would be better served, both from an ethical and practical perspective, by implementing policies that encourage hiring minority candidates and strengthening and increasing positive dialogue with minority communities. Just as law enforcement officers should be judged by their individual behavior, not profiled because of the actions of a few, so should the public that they serve.

Some members of the public feel strongly that stop-question-and-frisk is an appropriate strategy for policing in the United States.  What are your opinions on this approach?  

ROBERT KANE: The original intent of “stop and frisk” was to allow police officers to pat-down the outer clothing of a suspect for weapons. The major problems with using stop-and-frisk as a crime detection strategy are, (1) officers usually don’t find contraband or weapons, and (2) stop-and-frisks are generally concentrated in the parts of town (or city) characterized by racially-concentrated structural disadvantage. Thus, the crime-reduction benefits seem greatly outweighed by the social costs: Mothers, aunts, grandmothers, and sisters grow tired of watching their men and boys being “put against the wall” whenever they leave their dwellings. As a consequence, aggressive stop-and-frisk strategies tend to erode public trust in the police, which ultimately leads to a lack of legitimacy. In the end, police departments would do themselves a lot of good if they simply remembered: A little coercion goes a long way; and in the most disenfranchised communities, too much coercion can backfire.

Do “body cams” worn by police officers offer a solution to ending police misconduct?

MICHAEL WHITE: Police officer body-worn cameras (BWCs) are not a silver bullet. But the technology can serve as an important tool in the larger package of accountability mechanisms that a department can put in place. Relatedly, the technology may serve as a solution to the split-second syndrome. Police-citizen encounters are transactional events, with each participant making decisions and responding to the decisions of the other participant. As a result, use of force by a police officer is the culmination of a series of earlier actions and reactions. However, review of force incidents traditionally ignores earlier stages of an encounter and focuses entirely on the final-frame decision. James Fyfe called this the split-second syndrome, and he argued that this narrow focus excuses unnecessary violence resulting from poor decisions made by officers at earlier stages of the encounter. BWCs represent an opportunity to overcome the split-second syndrome because the technology allows for a full review of all decisions made by the officer during an encounter, from start to finish.

MATTHEW HICKMAN: It’s still too early to tell. Many scholars and practitioners are referring to the Rialto study, which provided some of the first strong evidence about the positive benefits of body cameras, and there are studies going on in other cities, such as Phoenix and Los Angeles. But we need to be patient and wait for the evidence to accumulate from these studies before we start subsidizing the purchase of body cameras and changing policies. Recall what happened with the Minneapolis Domestic Violence Experiment: a lot of media attention and proselytizing about the deterrent effects of arrest, and then we started to see widespread policy changes toward mandatory arrest. Five subsequent replications of the Minneapolis DV experiment in other cities yielded a relatively mixed bag of results, with arrest having varied and weaker effects than in Minneapolis. Subsequent reanalysis has tended to confirm the deterrent effect of arrest. But let’s be careful not to put the cart before the horse with body cameras, and allow the evidence to accumulate. Patience!

Stephen K. Rice is Associate Professor in the Department of Criminal Justice at Seattle University and co-editor of Race, Ethnicity, and Policing: New and Essential Readings (NYU Press, 2010). Michael D. White is Associate Professor in the School of Criminology and Criminal Justice at Arizona State University. He is co-editor of Race, Ethnicity, and Policing: New and Essential Readings (NYU Press, 2010) and co-author of Jammed Up: Bad Cops, Police Misconduct, and the New York City Police Department (NYU Press, 2012). Amanda Geller is Clinical Associate Professor of Sociology at New York University. Matthew Hickman is Associate Professor of Criminal Justice at Seattle University. Robert Kane is Professor of Criminology and Justice Studies at Drexel University. He is the co-author of Jammed Up: Bad Cops, Police Misconduct, and the New York City Police Department (NYU Press, 2012). William Parkin is Assistant Professor of Criminal Justice at Seattle University. Ronald Weitzer is Professor of Sociology at George Washington University and author of Legalizing Prostitution: From Illicit Vice to Lawful Business (NYU Press, 2012).