December, 21 2015, 02:00pm EDT
Study Documents Extreme Racial Disparity in Arrests for Low-Level Offenses
In four test cities, Blacks were 2.6 to 9.6 times more likely than Whites to be arrested for loitering, disorderly conduct, trespassing, and marijuana possession
NEWARK
Black people were 9.6 times more likely to be arrested than White people in Jersey City in 2013 for low-level offenses such as loitering, possession of small amounts of marijuana, trespassing, and disorderly conduct, according to a study (PDF) released today by the ACLU of New Jersey.
This extreme racial disparity was not unique to the state's second largest city. Data for the most recent years available revealed disparities in low-level arrests in the three other municipalities studied - Millville, where Blacks were 6.3 times more likely to be arrested; Elizabeth, 3.4 times; and New Brunswick, 2.6 times. Disparities in the number of arrests between Hispanics/Latinos and Whites also were significant, where data were available. Not all of the departments tracked ethnicity in their arrest data.
"The data reveal a clear pattern of communities of color disproportionately bearing the brunt of police practices that target low-level offenses," said ACLU-NJ Executive Director Udi Ofer.
"In Black and Latino communities, New Jerseyans are arrested for minor misbehavior at a much greater rate than in White communities. Unlike more serious crime, where there is a victim or some form of property damage, low-level offenses rest primarily on a police officer's discretion to arrest for behavior that poses little or no harm to the community. The discretionary nature of these arrests creates ample opportunity for arbitrary and unfair enforcement of the law."
The origins of this report stem from a 2013 national report by the ACLU that showed Black people in New Jersey were 2.8 times more likely to be arrested for marijuana possession than White people, despite similar rates of marijuana use - a clear indicator of selective enforcement.
"New Jersey's shameful racial disparities in arrests for minor offenses mirror what we're seeing across the country," said Ezekiel Edwards, Director of the ACLU's Criminal Law Reform Project. "Just as in Ferguson, Minneapolis, Maryland, and beyond, New Jersey police must end this unequal treatment and the harm caused to communities of color."
The ACLU of NJ, supported by the national ACLU, further examined those findings by taking a closer look at arrest data from four municipalities in New Jersey - Jersey City, Elizabeth, New Brunswick and Millville - that reflected the diversity of the state in population density, demographics and geography.
In the report, the ACLU-NJ examined 10 years of data on the enforcement of four low-level offenses: loitering; marijuana possession of 50 grams or less; defiant trespass; and disorderly conduct. The report chose to examine those arrests because police officers exercise so much discretion in the enforcement of these types of offenses.
The report relied on departmental data for arrests obtained through the Open Public Records Act. The report originally sought to include Asbury Park in the analysis but the Asbury Park Police Department, despite the existence of a data management system and electronic database, was unable to produce records that could be properly analyzed and was dropped from the study.
The report documented widespread and extreme racial disparities in all four locations studied. Among the findings of the report:
- Racial disparities between Black and White arrests exist in every city studied. For the length of each city's study period, the data show Blacks in Millville were 6.2 times more likely to be arrested than Whites for the low-level offenses studied; in Jersey City, they were 4.8 times more likely; in Elizabeth, they were 3.6 times more likely; and in New Brunswick, 3.2 times more likely.
- Individuals charged with low-level offenses are generally not involved in serious crimes. For example, 95% of the low-level arrests in Jersey City did not involve any other offense classified as "serious" by the FBI's Uniform Crime Report.
- Some law enforcement agencies do not even track Hispanic/Latino data. For example, the Elizabeth Police Department does not track Hispanic/Latino arrests, despite serving a population that is nearly 60% Hispanic/Latino.
- Police department records are often inaccessible and were kept in a haphazard manner by all four departments. The lack of transparent, reliable records hinders transparency and accountability.
The human cost of all of these low-level arrests can be devastating.
"Even though these are low-level offenses, arrests and convictions can impose heavy burdens on the person involved, including payment of court costs and fines; criminal records that will follow them the rest of their lives; and loss of income, housing, child custody, or immigration status," said Alexander Shalom, Senior Staff Attorney for the ACLU-NJ. "In extreme cases, a confrontation with police over a low-level offense can escalate into an episode of deadly violence."
The report recommends remedies at the local and state level that include changing the policies and practices of police in enforcing the law; improving recordkeeping; and creating greater accountability by police to the civilian population they serve. Among the specific reforms:
- Local officials, police chiefs, and prosecutors should agree to make enforcement of low-level offenses that do not harm public safety among their lowest priorities.
- State and local government should adopt strong and enforceable anti-racial profiling laws and municipalities should mandate police training for conscious and unconscious bias, which can influence officers' decision-making when dealing with the public
- Police departments should stop using low-level arrests as a performance measure for evaluating officers.
- Cities should institute oversight of police departments, such as a strong and independent Civilian Complaint Review Board (CCRB) to review allegations of individual officers' misconduct and Inspector General (IG) offices to monitor police policies and practices.
- Law enforcement should expand use of police dashboard and body worn cameras with appropriate rules for retention and disclosure to the public.
- New Jersey should legalize, tax, and regulate marijuana. The disproportionate number of Black arrests for marijuana possession, despite similar usage rates between Whites and Blacks, illustrates the fundamental unfairness of these laws in practice.
- Local police departments must improve data collection and management, and they should systematically analyze the data for the benefit of the department and the public.
- Police departments should collect data on arrests, searches and stops by requiring officers to fill out reports and publish the results online on a periodic, preferably monthly, basis.
The report also calls on the Attorney General to investigate racial disparities in low-level offenses in municipalities throughout the state.
"This study serves as a glimpse into the racial disparities in low-level arrests for only four law-enforcement agencies. But it's clear: Black and Latino communities bear the disproportionate impact of enforcement in New Jersey," said Ari Rosmarin, Public Policy Director of the ACLU-NJ. "The Attorney General should investigate whether such disparities exist throughout the state, determine the causes of the disparities, and take steps to eliminate them. It's time for action."
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Trustee Reports Show Medicare, Social Security Must Be Defended From Trump
"The future of these earned benefit programs depends on who is elected this fall—both as president and to Congress," said one campaigner.
May 06, 2024
Advocacy groups, congressional Democrats, and U.S. President Joe Biden's reelection campaign on Monday pointed to new government reports on Medicare and Social Security as proof that the key programs must be protected from Republican attacks.
The annual trustee reports show that Social Security is projected to be fully funded until 2035, a year later than previously thought, while Medicare is expected to be fully funded until 2036, five years beyond the earlier projection.
Former President Donald Trump, the presumptive Republican nominee to face Biden in November, "proposed cutting Social Security and Medicare every year he was in office, he's said repeatedly he would cut them, his allies openly plan to target them, and just this weekend he dismissed them as bribes," noted James Singer, a spokesperson for the Democrat's campaign.
"Let's be clear, Donald Trump will steal the hard-earned Social Security and Medicare benefits Americans have been paying into their entire lives and he'll use it to fund tax cuts for rich people like him," Singer warned. "President Biden keeps his promises. He has and will continue to protect Social Security and Medicare from MAGA Republican efforts to cut them—Donald Trump won't."
"No doubt we will hear cries from so-called 'fiscal conservatives' that Social Security is going 'bankrupt,' supposedly requiring Draconian measures—which couldn't be further than the truth."
Richard Fiesta, executive director of the Alliance for Retired Americans, said Monday that "current and future American retirees should feel confident about both Medicare and Social Security, which [are] stronger due to the robust economy under President Biden. But the future of these earned benefit programs depends on who is elected this fall—both as president and to Congress."
Fiesta highlighted that Biden's latest budget "calls for strengthening" the programs whereas Trump recently said that "there is a lot you can do... in terms of cutting" them and "the Republican Study Committee (RSC), which includes around 80% of House Republicans, stands ready to make cuts as well."
Nancy Altman, president of Social Security Works, similarly declared that "today's report shows that our Social Security system is benefiting from the Biden economy. Due to robust job growth, low unemployment, and rising wages, more people than ever are contributing to Social Security and earning its needed protections."
"That said, Congress should take action sooner rather than later to ensure that Social Security can pay full benefits for generations to come, along with expanding Social Security's modest benefits," she argued, noting various plans from Democrats in Congress that "are paid for by requiring millionaires and billionaires to contribute more of their fair share."
Unlike Democratic leaders in Washington, D.C., "Republicans want to cut benefits despite overwhelming opposition from the American people," Altman said of federal lawmakers and the former president. Additionally, "Trump plans to sharply restrict immigration. This would harm Social Security by reducing the number of workers paying in."
"The United States is the wealthiest nation on Earth at the wealthiest moment in our history. We can use that wealth to protect and expand Social Security, or to provide yet more tax handouts to billionaires," she concluded. "This report is a reminder that the next decade is a crucial one for Social Security's future. Americans should vote accordingly this November."
Max Richtman, president and CEO of the National Committee to Preserve Social Security & Medicare, also asserted that "Congress must act NOW to strengthen Social Security for the 67 million Americans who depend on it. We cannot afford to wait to take action until the trust fund is mere months from insolvency, as Congress did in 1983."
According to Richtman:
No doubt we will hear cries from so-called 'fiscal conservatives' that Social Security is going 'bankrupt,' supposedly requiring Draconian measures—which couldn't be further than the truth. Revenue always will flow into Social Security from workers' payroll contributions, so the program will never be 'broke.' But no one wants seniors to suffer an automatic 17% benefit cut in 2035, so Congress must act deliberately, but not recklessly. A bad deal driven by cuts to earned benefits could be worse than no deal at all.
We strongly support revenue-side solutions that would bring more money into the trust fund by demanding that the wealthy pay their fair share. Rep. John Larson (D-Conn.) has offered legislation that would do just that—by maintaining the current payroll wage cap (currently set at $168,600), but subjecting wages $400,000 and above to payroll taxes, as well—and dedicating some of high earners' investment income to Social Security. Rep. Larson's bill also would provide seniors with a much-needed benefit boost.
Larson was among the lawmakers who responded to Monday's Social Security report by demanding urgent action. The Democrat also called out his Republican colleagues for pushing cuts and trying to "ram their dangerous plan through an undemocratic and unaccountable so-called 'fiscal commission,'" which critics have dubbed a "death panel."
"The Social Security 2100 Act is co-sponsored by nearly 200 House Democrats and would improve benefits across the board while extending solvency until 2066, while Donald Trump and House Republicans continue their calls to slash Americans' hard-earned benefits!" Larson said. "By contrast, President Joe Biden and Democrats are working to strengthen Social Security, not cut it."
Co-sponsors of Larson's bill include Congressman Brendan Boyle (D-Pa.), ranking member of the House Budget Committee.
"Social Security is the greatest anti-poverty program in history, and ensuring its solvency for future generations has been one of my top priorities in Congress," Boyle said Monday, promoting the Medicare and Social Security Fair Share Act, his bill with Sen. Sheldon Whitehouse (D-R.I.). "Unfortunately, while Democrats and President Biden want to protect Social Security and Medicare, Republicans have made clear they want to tear them down."
Keep ReadingShow Less
'War Criminals': IDF Strikes Rafah After Hamas Agrees to Cease-Fire
"Why?" asked Israeli lawmaker Ofer Cassif. "Because killing Palestinians is more important for the Israeli government than saving Israelis."
May 06, 2024
Israel on Monday launched long-awaited strikes on Rafah in the southern Gaza Strip despite Hamas publicly confirming it agreed to a cease-fire and hostage release proposal from Egyptian and Qatari mediators.
The Israel Defense Forces said on social media that "the IDF is currently conducting targeted strikes against Hamas terror targets in eastern Rafah," the city to which over a million Palestinians have fled since October 7, when Israel launched a retaliatory war that has already killed at least 34,735 people in Gaza and wounded another 78,108.
Earlier Monday, the IDF had dropped leaflets directing residents and refugees in that part of Rafah to relocate to a strip along Gaza's coast, ignoring warnings from the international community and humanitarian groups that a full-scale Israeli attack on the crowded city would further endanger civilians and relief efforts.
"It is obvious Netanyahu wants this genocidal war to continue indefinitely so that he can remain in power."
In addition to sparking outrage around the world, the Israeli government's Rafah attack and rejection of the Hamas-backed proposal was met with criticism from people across Israel. The Associated Pressreported that "thousands of Israelis rallied around the country Monday night calling for an immediate deal to release the hostages still held in the Gaza Strip."
Ofer Cassif, a member of the Knesset who was almost expelled by fellow Israeli lawmakers earlier this year for backing South Africa's ongoing genocide case against Israel at the International Court of Justice (ICJ), again called out his own government.
"Israeli tanks and infantry enter east Rafah while planes bomb from above, just hours after Hamas' decision to accept the hostages/prisoners exchange deal," Cassif said Monday. "Why? Because killing Palestinians is more important for the Israeli government than saving Israelis. War criminals!"
The office of Israeli Prime Minister Benjamin Netanyahu said Monday that "the War Cabinet unanimously decided this evening Israel will continue its operation in Rafah, in order to apply military pressure on Hamas so as to advance the release of our hostages and achieve the other objectives of the war."
Along with the prime minister, Israel's War Cabinet includes Defense Minister Yoav Gallant and Benny Gantz, former IDF chief of the general staff, along with three observers.
Netanyahu added that "while the Hamas proposal is far from meeting Israel's core demands, Israel will dispatch a ranking delegation to Egypt in an effort to maximize the possibility of reaching an agreement on terms acceptable to Israel."
Reutersreported that "an Israeli official said the deal was not acceptable to Israel because terms had been 'softened.'"
According to the news outlet, the first part of a three-phase plan that Hamas—which has controlled Gaza for nearly two decades—agreed to includes a 42-day pause in fighting, the release of 33 hostages held by the group and some Palestinians in Israeli jails, a partial IDF withdrawal, and free movement in the besieged enclave.
Phase two would be "another 42-day period that features an agreement to restore a 'sustainable calm' to Gaza, language that an official briefed on the talks said Hamas and Israel had agreed in order to take discussion of a 'permanent cease-fire' off the table," Reuters detailed. This phase also includes withdrawing most Israeli troops and Hamas releasing some soldiers and reservists.
The third phase would involve the exchange of bodies; reconstruction of Gaza overseen by Egypt, Qatar, and the United Nations; and ending the complete blockade on the strip, the outlet added.
Shortly before Israel's Monday night strikes on Rafah began, Stéphane Dujarric, a spokesperson for United Nations Secretary-General António Guterres, said that the U.N. chief "reiterates his pressing call to both the government of Israel and the leadership of Hamas to go the extra mile needed to make an agreement come true and stop the present suffering."
Expressing concern about the then-imminent Israeli operation in Rafah, the spokesperson said that "we are already seeing movements of people—many of these people are in desperate humanitarian condition and have been repeatedly displaced. They search safety that has been so many times denied. The secretary-general reminds the parties that the protection of civilians is paramount in international humanitarian law."
Other U.N. officials have been warning of what an assault on Rafah will mean for the over 1.4 million Palestinians there, among them 600,000 children. So have humanitarian and political leaders, including U.S. Sen. Bernie Sanders (I-Vt.)—who on Monday urged President Joe Biden to stand by his earlier position that attacking the city was a "red line" and "end all offensive military aid to Israel."
Council on American-Islamic Relations national executive director Nihad Awad issued a similar call Monday evening, warning that "the Israeli government is hellbent on using American financial, military, and diplomatic support to ethnically cleanse what remains of Gaza and commit another massacre."
"President Biden must stand up to Benjamin Netanyahu and take concrete action to end the genocide now," Awad continued, nodding to the Israeli leader's legal trouble. The prime minister faces not only potential consequences on a global scale for what the ICJ has deemed a "plausibly" genocidal war on Gaza but also a corruption trial in his own country.
"It is obvious Netanyahu wants this genocidal war to continue indefinitely so that he can remain in power, avoid jail, and fulfill his racist, far-right Cabinet's demands for the complete destruction of Gaza and the massacre of its people," Awad said. "It is long past time for President Biden to end our nation's complicity in this 21st-century genocide."
Biden spoke with Netanyahu by phone ahead of the IDF strikes on Monday and "reiterated his clear position on Rafah," according to a White House readout. They also discussed the hostage negotiations, humanitarian aid, the Holocaust, and antisemitism.
Trita Parsi, executive vice president of the Quincy Institute for Responsible Statecraft, also suggested that the Israeli prime minister wants the bloodshed in Gaza to continue for personal reasons.
"Netanyahu does not want an end to the war because the moment the war ends, his political career ends as well. And his prison sentence will commence," said Parsi. "Yet, Biden has for seven months deferred to Netanyahu."
Keep ReadingShow Less
Pulitzer Snubs Palestinian Journalists' Gaza Coverage
The Pulitzer Prize Board avoided "naming the brave Palestinian journalists who did the reporting and filming and died in record numbers," said one journalist.
May 06, 2024
In recent years, the Pulitzer Prize Board has given special recognition to the journalists of Ukraine and Afghanistan for reporting from war zones, honoring their "courage, endurance, and commitment to truthful reporting" and their ability to tell their communities' stories under "profoundly tragic and complicated circumstances."
On Monday, no such recognition was given to Palestinian reporters in Gaza, at least 92 of whom have been among more than 34,000 Palestinians killed in the enclave since Israel began its bombardment in October.
The annual journalism and literature awards included a special citation for "journalists and media workers covering the war in Gaza"—but didn't differentiate between those around the world who have spent the last seven months telling the story of Israel's escalation from the safety of far-off countries, and those struggling to report on the destruction of their own home under the constant threat of Israel Defense Forces (IDF) attacks.
"The missing word is—is always—Palestinian," said Writers Against the War on Gaza (WAWOG). "Palestinian journalists and media workers deserve, if nothing else, this recognition; and half of them are dead."
Public health writer Abdullah Shihipar noted that in 2022, the board awarded the special citation to the "journalists of Ukraine." In 2021, it recognized "women and men of Afghanistan," saying that from "staff and freelance correspondents to interpreters to drivers to hosts, courageous Afghan residents helped produce Pulitzer-winning and Pulitzer-worthy images and stories."
This year, said Intercept journalist Jeremy Scahill, giving a special citation to "'media workers covering the war in Gaza' is a way to avoid naming the brave Palestinian journalists who did the reporting and filming and died in record numbers."
Many of those killed, Scahill added, might not have been had it not been for U.S.-made weapons sold to Israel.
The Pulitzer Prize for international reporting was awarded to The New York Times "for its wide-ranging and revelatory coverage of Hamas' lethal attack in southern Israel on October 7, Israel's intelligence failures, and the Israeli military's sweeping, deadly response in Gaza."
One of the Times' most explosive articles about Israel and Gaza, "Screams Without Words," about the alleged sexual assaults of Israeli victims of the October 7 attack, was not among those submitted for consideration. The article has come under scrutiny because of the anti-Palestinian bias expressed by one of the freelance reporters who worked on it, and questions about its veracity.
WAWOG, which has started a website titledThe New York War Crimes, posted on social media that the Times should have instead been awarded the Pulitzer for "manufacturing consent."
By honoring the Times for its international reporting this year, said City University of New York sociology professor Heba Gowayed, the Pulitzer Prize "lost any credibility it ever had."
The prize is administered by Columbia University, where students have been protesting for weeks against U.S. support for the IDF and against the school's investment in companies that contract with Israel.
Last week, the university called on the New York Police Department to forcibly remove student protesters from a school building; police told student journalists they would be arrested if they left Pulitzer Hall to report on the incident. Student journalists are reportedly still being barred from campus.
Columbia, said Jack Mirkinson of The Nation, announced the Pulitzers "at the exact same time it is clamping down on the press freedom of its own students. You couldn't make it up."
Keep ReadingShow Less
Most Popular