Reviving the False Narrative on Police
The antidote to police lawlessness isn’t more training, or fancy equipment, but putting the community in charge of the cops.
“De Blasio and the City Council made a big show of cutting one billion dollars from the police budget, but the sleight of hand will not lead to any reduction of the police force.”
On June 9th, 2020, over 100 representatives of twenty law enforcement unions from the state of New York held a press conference at the RFK Bridge on Randalls Island to condemn new police reform bills. Patrick Lynch, president of the New York City Police Benevolent Association (PBA) claimed that law enforcement is under attack. Crime is on the rise because criminals have gotten the message that there will be a “soft touch” when handling people who break the law. According to Lynch the soft touch message is coming from City Hall and the State House who are being guided by cop hating protesters championing the new legislation that portray police as criminals.
The police were trashing a law that included ending New York State law 50A, which kept the disciplinary records of police hidden from the public. The PBA president accused legislators of rushing through legislation “in the dark of night” and claimed that district attorneys “are asking us to pull back.”
“They are asking us to abandon our community,” Lynch claimed. “They are asking us to walk away from the neighborhoods that we brought back” and the police “don’t have a choice. If you put your hand on the criminal you’re going to jail.” New York’s leaders were “appeasing the criminals, the rioters,” and “our critics.” Criminals feel emboldened to commit crimes “because there are no consequences.”
The notion of the “soft touch,” was one Lynch echoed several times. “The message of the soft touch is that you look great [in uniform], but don’t get yourself dirty.” He claims that the NYPD Is the “most restrained” police department in the country and the results have been devastating.
“New York’s leaders were ‘appeasing the criminals, the rioters,’ and ‘our critics.’”
But it was not just police unions blaming the new police reform measures for the uptick in crime; the police agencies who employ the cops also joined the chorus. NYPD’s Chief of Department, Terrence Monahan, told the press on Jul 6, “It makes no sense,” referring to the City Council bill banning chokeholds. Monahan argued that the chokehold is necessary for cops to restrain violent criminals. The police also gained an important ally in their effort to convince New Yorkers that the new police reform measures were responsible for the uptick in violent crime in the city. Mayor Bill de Blasio joined the top brass of the NYPD in blaming the new bail reform legislation for the recent spike in crime. He claimed that it is one of many factors leading to the recent spike. “There’s a direct correlation to a change in the law and we need to address it.”
The NYPD claimed that in the first few months of 2020, 482 people who had been released after being charged with a felony crime were arrested for 846 new crimes. However, the Bronx Defenders, New York County Defender Services, Brooklyn Defender Services and the Neighborhood Defender Service of Harlem, declared that the police department has a long history of fighting bail reform by pushing “scare tactics,”
“NYPD Chief Monahan argued that the chokehold is necessary for cops to restrain violent criminals.”
The NYPD’s claim of a crime wave is a means to derail the movement challenging the police’s ability to brutalize citizens with impunity. Many in the anti-police brutality movement have been beaten and arrested for peacefully demonstrating. The NYPD and the mayor till blatant lies, claiming the police have shown restraint when news footage shows just the opposite. But this only hammers home the point that liberal Democrats like de Blasio will never effectively address excessive police violence against black and brown people.
For decades the police and their allies have deployed the false narrative that any attempt to curb their power would only embolden criminals while “tying the hands” of the cops. The most successful police use of the false narrative was in 1966 when the liberal Republican mayor of New York, John Lindsay created a civilian complaint review board. The Harlem and Bedford Stuyvesant uprisings that erupted in the summer of 1964 after an off-duty police officer shot and killed a fifteen-year-old African American male convinced many that steps had to be taken to help end police brutality. Civil rights leaders and activists demanded a Civilian Complaint Review Board (CCRB), and Lindsay answered their call when we won office in 1965.
“The most successful police use of the false narrative was in 1966.”
When Lindsay created a board consisting of four civilians and three police officers, the Patrolmen’s Benevolent Association launched an elaborate and racist campaign to destroy it. Even though the powers of the review board were limited to taking complaints, investigating misconduct by the police, holding hearings, and making recommendations about the type of discipline for cops found guilty of abusing their authority, the final decision would be made by the police commissioner. However, even this moderate reform was too much for the PBA. The police effort to eliminate the CCRB included an advertisement campaign displaying a young white woman emerging from a subway station at night. The ad warned that the police might hesitate to protect her because of the CCRB. The PBA also managed to place a referendum on the ballot in 1966, asking New Yorkers to reject the Lindsay civilian complaint review board. The false narrative was successful: New Yorkers voted overwhelmingly in favor of the PBA’s referendum to dismantle the new civilian complaint review board.
The 1966 election was a major turning point in policing and politics. Police understood that they could halt attempts of curbing their power by using the false narrative and political figures, Democrats and Republicans would simply bend the knee.
“The police effort to eliminate the CCRB included an advertisement campaign displaying a young white woman emerging from a subway station at night.”
Bill de Blasio, who promised to reform the NYPD if elected mayor, bent the knee by walking away from that pledge after the PBA’s crusade to portray the mayor as anti-police and capitulating to criminals. Although he ended the previous mayor’s appeal against a federal court order that the city halt racial profiling when using stop and frisk policy, the mayor has since increased the police budget from $4,678 billion in 2013 to close to $6 billion in 2019. He has hired 1300 more police officers, and he is an ardent supporter of broken windows policy, falsely claiming that it has helped reduce crime in the city.
De Blasio and the City Council made a big show of cutting one billion dollars from the police budget, but the sleight of hand will not lead to any reduction of the police force. As the New York Daily News reported, the cut was nothing more than an “accounting trick” that moved “school safety officers, who are currently part of the NYPD, to the Department of Education.”
Bill de Blasio has proven that relying on mainstream Democrats to end police brutality, even those who dress up as people on the left, is a fool’s errand. In order to end the police’s ability to physically assault and abuse black and brown people, there has to be a radical reduction in police power. Citizens must have the power to determine how police operate in their communities. Eradicate broken windows policy. End qualified immunity and make officers carry liability insurance. Most importantly, an elected citizens’ board should not only be empowered to investigate and hold hearings but to decide on the punishment of officers found guilty of abusing citizens. Communities should also be able to participate in the hiring of police and evaluate their performance. Community empowerment is the real answer to ending police domination over black and brown people.
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How A Theory Of Crime And Policing Was Born, And Went Terribly Wrong
Shankar Vedantam, NPR
HIDDEN BRAIN
Broken Windows
After just 10 minutes, passersby in New York City began vandalizing the car. First they stripped it for parts. Then the random destruction began. Windows were smashed. The car was destroyed. But in Palo Alto, the other car remained untouched for more than a week.
Finally, Zimbardo did something unusual: He took a sledgehammer and gave the California car a smash. After that, passersby quickly ripped it apart, just as they'd done in New York.
This field study was a simple demonstration of how something that is clearly neglected can quickly become a target for vandals. But it eventually morphed into something far more than that. It became the basis for one of the most influential theories of crime and policing in America: "broken windows."
Thirteen years after the Zimbardo study, criminologists George L. Kelling and James Q. Wilson wrote an article for The Atlantic. They were fascinated by what had happened to Zimbardo's abandoned cars and thought the findings could be applied on a larger scale, to entire communities.
"The idea [is] that once disorder begins, it doesn't matter what the neighborhood is, things can begin to get out of control," Kelling tells Hidden Brain.
In the article, Kelling and Wilson suggested that a broken window or other visible signs of disorder or decay — think loitering, graffiti, prostitution or drug use — can send the signal that a neighborhood is uncared for. So, they thought, if police departments addressed those problems, maybe the bigger crimes wouldn't happen.
"Once you begin to deal with the small problems in neighborhoods, you begin to empower those neighborhoods," says Kelling. "People claim their public spaces, and the store owners extend their concerns to what happened on the streets. Communities get strengthened once order is restored or maintained, and it is that dynamic that helps to prevent crime."
Kelling and Wilson proposed that police departments change their focus. Instead of channeling most resources into solving major crimes, they should instead try to clean up the streets and maintain order — such as keeping people from smoking pot in public and cracking down on subway fare beaters.
The argument came at an opportune time, says Columbia University law professor Bernard Harcourt.
"This was a period of high crime, and high incarceration, and it seemed there was no way out of that dynamic. It seemed as if there was no way out of just filling prisons to address the crime problem."
An Idea Moves From The Ivory Tower To The Streets
As policymakers were scrambling for answers, a new mayor in New York City came to power offering a solution.
Rudy Giuliani won election in 1993, promising to reduce crime and clean up the streets. Very quickly, he adopted broken windows as his mantra.
It was one of those rare ideas that appealed to both sides of the aisle.
Conservatives liked the policy because it meant restoring order. Liberals liked it, Harcourt says, because it seemed like an enlightened way to prevent crime: "It seemed like a magical solution. It allowed everybody to find a way in their own mind to get rid of the panhandler, the guy sleeping on the street, the prostitute, the drugs, the litter, and it allowed liberals to do that while still feeling self-righteous and good about themselves."
Giuliani and his new police commissioner, William Bratton, focused first on cleaning up the subway system, where 250,000 people a day weren't paying their fare. They sent hundreds of police officers into the subways to crack down on turnstile jumpers and vandals.
Very quickly, they found confirmation for their theory. Going after petty crime led the police to violent criminals, says Kelling: "Not all fare beaters were criminals, but a lot of criminals were fare beaters. It turns out serious criminals are pretty busy. They commit minor offenses as well as major offenses."
The policy was quickly scaled up from the subway to the entire city of New York.
Police ramped up misdemeanor arrests for things like smoking marijuana in public, spraying graffiti and selling loose cigarettes. And almost instantly, they were able to trumpet their success. Crime was falling. The murder rate plummeted. It seemed like a miracle.
The media loved the story, and Giuliani cruised to re-election in 1997.
George Kelling and a colleague did follow-up research on broken windows policingand found what they believed was clear evidence of its success. In neighborhoods where there was a sharp increase in misdemeanor arrests — suggesting broken windows policing was in force — there was also a sharp decline in crime.
By 2001, broken windows had become one of Giuliani's greatest accomplishments. In his farewell address, he emphasized the beautiful and simple idea behind the success.
"The broken windows theory replaced the idea that we were too busy to pay attention to street-level prostitution, too busy to pay attention to panhandling, too busy to pay attention to graffiti," he said. "Well, you can't be too busy to pay attention to those things, because those are the things that underlie the problems of crime that you have in your society."
Questions Begin To Emerge About Broken Windows
Right from the start, there were signs something was wrong with the beautiful narrative.
"Crime was starting to go down in New York prior to the Giuliani election and prior to the implementation of broken windows policing," says Harcourt, the Columbia law professor. "And of course what we witnessed from that period, basically from about 1991, was that the crime in the country starts going down, and it's a remarkable drop in violent crime in this country. Now, what's so remarkable about it is how widespread it was."
Harcourt points out that crime dropped not only in New York, but in many other cities where nothing like broken windows policing was in place. In fact, crime even fell in parts of the country where police departments were mired in corruption scandals and largely viewed as dysfunctional, such as Los Angeles.
"Los Angeles is really interesting because Los Angeles was wracked with terrible policing problems during the whole time, and crime drops as much in Los Angeles as it does in New York," says Harcourt.
There were lots of theories to explain the nationwide decline in crime. Some said it was the growing economy or the end of the crack cocaine epidemic. Some criminologists credited harsher sentencing guidelines.
In 2006, Harcourt found the evidence supporting the broken windows theory might be flawed. He reviewed the study Kelling had conducted in 2001, and found the areas that saw the largest number of misdemeanor arrests also had the biggest drops in violent crime.
Harcourt says the earlier study failed to consider what's called a "reversion to the mean."
"It's something that a lot of investment bankers and investors know about because it's well-known and in the stock market," says Harcourt. "Basically, the idea is if something goes up a lot, it tends to go down a lot."
A graph in Kelling's 2001 paper is revealing. It shows the crime rate falling dramatically in the early 1990s. But this small view gives us a selective picture. Right before this decline came a spike in crime. And if you go further back, you see a series of spikes and declines. And each time, the bigger a spike, the bigger the decline that follows, as crime reverts to the mean.
Kelling acknowledges that broken windows may not have had a dramatic effect on crime. But he thinks it still has value.
"Even if broken windows did not have a substantial impact on crime, order is an end in itself in a cosmopolitan, diverse world," he says. "Strangers have to feel comfortable moving through communities for those communities to thrive. Order is an end in itself, and it doesn't need the justification of serious crime."
Order might be an end in itself, but it's worth noting that this was not the premise on which the broken windows theory was sold. It was advertised as an innovative way to control violent crime, not just a way to get panhandlers and prostitutes off the streets.
'Broken Windows' Morphs Into 'Stop And Frisk'
Harcourt says there was another big problem with broken windows.
"We immediately saw a sharp increase in complaints of police misconduct. Starting in 1993, what you're going to see is a tremendous amount of disorder that erupts as a result of broken windows policing, with complaints skyrocketing, with settlements of police misconduct cases skyrocketing, and of course with incidents, brutal incidents, all of a sudden happening at a faster and faster clip."
The problem intensified with a new practice that grew out of broken windows. It was called "stop and frisk," and was embraced in New York City after Mayor Michael Bloomberg won election in 2001.
If broken windows meant arresting people for misdemeanors in hopes of preventing more serious crimes, "stop and frisk" said, why even wait for the misdemeanor? Why not go ahead and stop, question and search anyone who looked suspicious?
There were high-profile cases where misdemeanor arrests or stopping and questioning did lead to information that helped solve much more serious crimes, even homicides. But there were many more cases where police stops turned up nothing. In 2008, police made nearly 250,000 stops in New York for what they called furtive movements. Only one-fifteenth of 1 percent of those turned up a gun.
Even more problematic, in order to be able to go after disorder, you have to be able to define it. Is it a trash bag covering a broken window? Teenagers on a street corner playing music too loudly?
analyzed what makes people perceive social disorder. They found that if two neighborhoods had exactly the same amount of graffiti and litter and loitering, people saw more disorder, more broken windows, in neighborhoods with more African-Americans.
George Kelling is not an advocate of stop and frisk. In fact, all the way back in 1982, he foresaw the possibility that giving police wide discretion could lead to abuse. In his article, he and James Q. Wilson write: "How do we ensure ... that the police do not become the agents of neighborhood bigotry? We can offer no wholly satisfactory answer to this important question."
In August of 2013, a federal district court found that New York City's stop and frisk policy was unconstitutional because of the way it singled out young black and Hispanic men. Later that year, New York elected its first liberal mayor in 20 years. Bill DeBlasio celebrated the end of stop and frisk. But he did not do away with broken windows. In fact, he re-appointed Rudy Giuliani's police commissioner, Bill Bratton.
And just seven months after taking over again as the head of the New York Police Department, Bratton's broken windows policy came under fresh scrutiny. The reason: the death of Eric Garner.
In July 2014, a bystander caught on cellphone video the deadly clash between New York City police officers and Garner, an African-American. After a verbal confrontation, officers tackled Garner, while restraining him with a chokehold, a practice that is banned in New York City.
Garner died not long after he was brought down to the ground. His death sparked massive protests, and his name is now synonymous with the distrust between police and African-American communities.
For George Kelling, this was not the end that he had hoped for. As a researcher, he's one of the few whose ideas have left the academy and spread like wildfire.
But once politicians and the media fell in love with his idea, they took it to places that he never intended and could not control.
"When, during the 1990s, I would occasionally read in a newspaper something like a new chief comes in and says, 'I'm going to implement broken windows tomorrow,' I would listen to that with dismay because [it's] a highly discretionary activity by police that needs extensive training, formal guidelines, constant monitoring and oversight. So do I worry about the implementation about broken windows? A whole lot ... because it can be done very badly."
In fact, Kelling says, it might be time to move away from the idea.
"It's to the point now where I wonder if we should back away from the metaphor of broken windows. We didn't know how powerful it was going to be. It simplified, it was easy to communicate, a lot of people got it as a result of the metaphor. It was attractive for a long time. But as you know, metaphors can wear out and become stale."
These days, the consensus among social scientists is that broken windows likely did have modest effects on crime. But few believe it caused the 60 or 70 percent decline in violent crime for which it was once credited.
And yet despite all the evidence, the idea continues to be popular.
Bernard Harcourt says there is a reason for that:
"It's a simple story that people can latch onto and that is a lot more pleasant to live with than the complexities of life. The fact is that crime dropped in America dramatically from the 1990s, and that there aren't really good, clean nationwide explanations for it."
The story of broken windows is a story of our fascination with easy fixes and seductive theories. Once an idea like that takes hold, it's nearly impossible to get the genie back in the bottle.
The Hidden Brain Podcast is hosted by Shankar Vedantam and produced by Maggie Penman, Jennifer Schmidt and Renee Klahr. Our supervising producer is Tara Boyle. You can also follow us on Twitter @hiddenbrain, and listen for Hidden Brain stories each week on your local public radio station.
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