Showing posts with label KELLY RAYMOND. Show all posts
Showing posts with label KELLY RAYMOND. Show all posts

December 5, 2013

De Blasio Names Bratton as New York Police Commissioner





N.Y. TIMES


William J. Bratton was named police commissioner of New York City for the second time on Thursday. But it is a different place than the crime-ravaged city he came to in 1994. And he said he was going to be a different kind of commissioner, overseeing a different kind of policing.

In this city, I want every New Yorker to talk about ‘their police’, ‘my police,’ ” Mr. Bratton said after his appointment was announced by Mayor-elect Bill de Blasio, before reading from a children’s book about police work he said he had cherished since he was 9.       
 
In 1994, the message was different: “We will fight for every house in the city; we will fight for every street; we will fight for every borough,” he said at the time. “And we will win.”




JIM DWYER N.Y. TIMES

Standing next to the next police commissioner on Thursday morning, Bill de Blasio promised that he would bring an end to “stop-and-frisk as we knew it.”

That was easy for him to say. It has already happened.
-----
At its peak in 2011, nearly 700,000 people were stopped, most of them black and Latino men; almost none of them had done anything wrong. About half were searched. A federal judge found rampant violations of the Constitution. And Mr. de Blasio — an early, eloquent and loud critic of the practice — was catapulted into the mayor’s office, in part on the force of his opposition to it.
Yet by the time Mr. de Blasio announced that he was running for mayor, the number of stops and frisks had already started a drastic decline that has continued for most of the last two years.
In October, about 3,000 people were stopped, which would be an annual rate of 36,000 — about a twentieth of what it was in 2011. Still, the mayor-elect, and his police-commissioner-designate, remained passionate about ending a practice that is pretty much over with. Mr. Bratton promised he would make quick work of it.

In fact, both he and Mr. de Blasio acknowledged that stop-and-frisk tactics, used legally and appropriately, were an essential tool for the police. They could wind up having a hard time bringing the stop-and-frisk rate below where it now stands.
You would not have heard the slightest hint of that at the news conference.
 
 

The man he is replacing as police commissioner, Raymond W. Kelly, was twice in charge of the New York police when crime went down — once in the early 1990s, and now for more than a decade. In 2001, there were 714 murders in New York City (excluding those who were killed in the attack on Sept. 11). The following year, 2002, Mr. Kelly became the commissioner. In 2012, there were 419 murders. During the 11 years in which murders declined, the city grew by 287,000 people — as if everyone from Cincinnati had moved to the five boroughs. The murder rate declined to 5.1 per 100,000 people, from 8.9.

October 31, 2013

Court Blocks Stop-and-Frisk Changes for New York Police

scheindlin-removal-580.jpeg

N.Y. TIMES

A federal appeals court on Thursday halted a sweeping set of changes to the New York Police Department’s practice of stopping and frisking people on the street, and, in strikingly personal terms, criticized the trial judge’s conduct and removed her from the case.
The Court of Appeals for the Second Circuit ruled that the judge, Shira A. Scheindlin, “ran afoul” of the judiciary’s code of conduct by compromising the “appearance of impartiality surrounding this litigation.” The panel criticized how she had steered the lawsuit to her courtroom when it was filed nearly six years ago.

Lawyers for the city had gone to the Second Circuit to ask for a stay of Judge Scheindlin’s ruling and of the court-ordered mandates. In granting the stay, the circuit went beyond what the city had requested and unexpectedly ordered that the stop-and-frisk lawsuit, known as the Floyd case, be randomly reassigned.
The new judge, John Koeltl, was instructed to put off “all proceedings and otherwise await further action” from the panel. The appeals court has not yet taken up whether Judge Scheindlin’s decision reached the correct constitutional conclusion regarding the police tactics.
“We intimate no view on the substance or merits of the pending appeals,” the two-page order stated.

One civil rights lawyer who brought the stop-and-frisk case, Jonathan C. Moore, said the Second Circuit’s criticism was misplaced, and expressed shock that the panel would remove Judge Scheindlin.
“I think it’s a travesty of justice for this panel of the Second Circuit to take this case away from a judge who worked very hard for the last five years to resolve very important, serious issues involving the civil rights of the residents of New York,” Mr. Moore said.
 
In its ruling, the panel of three judges — John M. Walker Jr, José A. Cabranes and Barrington D. Parker — criticized Judge Scheindlin for granting media interviews and for making public statements while the case was pending before her, including articles in The New Yorker and by The Associated Press. In criticizing the judge for bringing the stop-and-frisk case under her purview, the three-judge panel also cited an article by The New York Times in a footnote.
At issue is the related-case rule, which allows lawyers to steer similar lawsuits before the same judge. But the Second Circuit said Judge Scheindlin had improperly applied that rule, citing her comments in 2007 to civil-rights lawyers who sought to reopen a long-settled stop-and-frisk lawsuit. If “you got proof of inappropriate racial profiling in a good constitutional case, why don’t you bring a lawsuit?” she said, according to a transcript quoted in the order on Thursday. “You can certainly mark it as related.”
--------------------------------------------------------------------------
Has New York City deprived citizens of their constitutional rights or created one of the great law-enforcement success stories? Photograph by Antonio Bolfo.
 
Here's the article that the U>S> Court of Appeals cited in their reversal of the case. JEFFREY TOOBIN THE NEW YORKER.  Outstanding in-depth coverage of the issues; The New Yorker at its best.
 
-------------------------------------------------------------------------
JEFFREY TOOBIN NEW YORKER
-----
In a final irony, the resolution of the case may not matter much anymore. Bill de Blasio will be mayor soon, and he has vowed repeatedly to change the N.Y.P.D.’s stop-and-frisk policy anyway. The appeals-court judges can take the case away from Scheindlin, but they can’t take the mayoralty from de Blasio.

January 27, 2013

NYC: Prison Population Shrinks When Police Crowd Streets






NY TIMES     JOHN TIERNEY

Now that the United States has the world’s highest reported rate of incarceration, many criminologists are contemplating another strategy. What if America reverted to the penal policies of the 1980s? What if the prison population shrank drastically? What if money now spent guarding cellblocks was instead used for policing the streets?

In short, what would happen if the rest of the country followed New York City’s example?
As the American prison population has doubled in the past two decades, the city has been a remarkable exception to the trend: the number of its residents in prison has shrunk. Its incarceration rate, once high by national standards, has plunged well below the United States average and has hit another new low, as Mayor Michael R. Bloomberg announced recently. And crime in the city has fallen by more than 75 percent, almost twice as much as in the rest of the country.
Whatever has made New York the safest big city in America, that feat has certainly not been accomplished by locking up more criminals.
 
..."In short, what would happen if the rest of the country followed New York City’s example?
As the American prison population has doubled in the past two decades, the city has been a remarkable exception to the trend: the number of its residents in prison has shrunk. Its incarceration rate, once high by national standards, has plunged well below the United States average and has hit another new low, as Mayor Michael R. Bloomberg announced recently. And crime in the city has fallen by more than 75 percent, almost twice as much as in the rest of the country." ...the 50,000-foot story from New York is that you can drive down crime while decreasing your jail and prison population — and save a huge amount of money in the process.”       
Whatever has made New York the safest big city in America, that feat has certainly not been accomplished by locking up more criminals. In short, what would happen if the rest of the country followed New York City’s example?
 
 
 
  Before the era of mass incarceration began in the 1980s, local policing accounted for more than 40 percent of spending for criminal justice, while 25 percent went to prisons and parole programs. But since 1990, nearly 35 percent has gone to the prison system, while the portion of criminal justice spending for local policing has fallen to slightly more than 30 percent.
New York, while now an exception to the mass-incarceration trend, also happens to be the place that inspired it. When New York State four decades ago commissioned an evaluation of programs to rehabilitate criminals, the conclusions were so discouraging that the researchers were initially forbidden to publish them.
Eventually one of the criminologists, Robert Martinson, summarized the results in 1974 in the journal Public Interest. His article, “What Works? Questions and Answers About Prison Reform,” was soon known as the “nothing works” thesis. Dr. Martinson concluded that rehabilitation strategies “cannot overcome, or even appreciably reduce, the powerful tendencies of offenders to continue in criminal behavior.” 
 
 
 
 An outgrowth of the study was a consensus to eliminate parole for many offenders and to mandate long sentences determined by formulas rather than rely on the discretion of judges and parole boards.
Dr. Martinson wrote an article in 1979 recanting his “nothing works” conclusion, but by then it was too late. The trend toward tougher sentences continued, causing prison populations to grow rapidly in the 1980s throughout the country, including in New York. When crime kept rising anyway, sentences often were further lengthened.
But New York diverged from the national trend in the early 1990s, when it began expanding its police force and introduced a computerized system to track crimes and complaints. Officers also aggressively enforced laws against guns, illegal drugs and petty crimes like turnstile jumping in the subways. Arrests for misdemeanors increased sharply. 
 
Yet serious crime went down. So though more people were being locked up for brief periods — including many who were unable to make bail and were awaiting trial — the local jail population was shrinking and fewer city residents were serving time in state prisons.
“Even with more people coming into the system, the overall bed count was declining because people weren’t staying as long,” Dr. Jacobson, who was correction commissioner from 1995 to 1998, recalled. 
 
  By not expanding the jail and prison populations, he calculates in his 2011 book, “The City That Became Safe,” the city and the state have been saving $1.5 billion a year, more than twice as much as it cost to finance the additional police officers in the 1990s. 
 
Policing, of course, is not the only possible explanation for the safer streets. A shift in demographics, the arrival of new immigrants, the waning of the crack epidemic, and other economic and social changes had an impact on neighborhoods in New York — and in the rest of the country, where crime also declined in the 1990s.
But the drop was much steeper and more prolonged in New York than elsewhere. And while researchers attributed about a quarter of the decline in the rest of America to the stricter penal policies, that explanation did not apply to a city that was locking up fewer people.
 
 
 
...  studies have shown that crime drops when more police officers are hired, so it is not surprising that the expansion of New York’s police force in the 1990s by more than a third was accompanied by a drop in crime. But during the past decade, the force has shrunk by 15 percent, and yet crime has mostly continued falling.
When Dr. Zimring and other criminologists look at this trend, and compare it with the fluctuating crime rates in other cities, they conclude that the retreat in crime in New York is not just a matter of the number of police officers. Those officers must be doing something right, but what exactly?
The most likely answer is a shift in strategy called hot-spot policing.
In the 1970s, research had shown that a small percentage of criminals committed a large share of crimes, so it had seemed logical to concentrate on catching repeat offenders and locking them up.
 
But after computerized crime mapping was introduced, it turned out that crime was even more concentrated by place than by person.
In city after city, researchers found that half of crimes occur within about 5 percent of an urban area — a few buildings, intersections and blocks, often near transit stops and businesses like convenience stores, bars and nightclubs.
The criminal population keeps changing as men in their 30s drop out and are replaced by teenagers, but crimes keep occurring at the same places.
 
Researchers suggested: Perhaps the authorities should pay less attention to individual criminals and more attention to the hot spots where they operate.
Dr. Sherman, Dr. Weisburd and colleagues have tested the idea in randomized experiments in Jersey City; Houston; Kansas City, Mo.; Minneapolis; Philadelphia; Sacramento; and cities in Britain and Australia.
Typically, a list of hot spots was identified, and then half were randomly chosen to receive extra police attention, like more frequent patrols. Other strategies were also used, like improving street lighting, fencing vacant lots or arresting people for minor violations.
As hoped, there were fewer crimes and complaints at the hot spots chosen for extra attention than at those that were not. And once police officers started to show up often and at unpredictable intervals, they did not need to stay more than 15 minutes to have a lasting impact.
-----
"We assumed that if we hit one area hard, the crime would just move somewhere else,” said Frank Gajewski, a former police chief of Jersey City, who worked with Dr. Weisburd on the experiments there. But Dr. Weisburd won over Mr. Gajewski and other skeptics — and also won the 2010 Stockholm Prize, criminology’s version of the Nobel — by showing that crime was not simply being displaced. Moreover, he and his colleagues reported a “spatial diffusion of crime prevention benefits” because crime also declined in adjoining areas, as the police in Jersey City had observed.
“Crime doesn’t move as easily we thought it did,” Mr. Gajewski said. “If I’m a robber, I want to be in a familiar, easily accessible place with certain characteristics. I need targets to rob, but I don’t want people in the neighborhood watching me or challenging me. Maybe I work near a bus stop where there are vacant buildings or empty lots. If the police start focusing there, I can’t just move to the next block and find the same conditions.”
 
Many experts also see it as the best explanation for the crime drop in New York...a program called Operation Impact, which was started in 2003 by Raymond W. Kelly, then and now the police commissioner.
Commissioner Kelly gives the strategy credit for the continued decline of crime despite the reduced police force.
There is supporting evidence from Dennis C. Smith, a political scientist at New York University who led an analysis of trends in the dozens of precincts where the city’s police focus on “impact zones,” as the hot spots are called. Rates of murder, rape, grand larceny, robbery and assault declined significantly faster in precincts with hot-spot policing than in those without it.
 
 
 
 
One part of the hot-spot strategy in New York has been highly controversial: the stopping and frisking of hundreds of thousands of people each year, ostensibly to search for weapons or other contraband.
Some critics say that the tactic has been used so often and so brusquely in New York that it has undermined policing by arousing disrespect for the law, especially among young black and Latino men, who are disproportionately stopped and searched. Research shows that people who feel treated unfairly by the police can become more likely to commit crimes in the future.
Defenders of stop-and-frisk, including Mayor Bloomberg, argue that when it is done properly and politely, the practice prevents crimes that disproportionately hurt the city’s minorities.