crime/law

Black Americans are 3.7 times more likely than Whites to be arrested for marijuana possession, despite having equivalent use rates.  It’s a war on what again?

New York Times, via Gin and Tacos, one of my favorite blogs.

Cross-posted at Racialicious.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

Dispatcher: Which entrance is that that he’s heading towards?

Zimmerman: The back entrance… fucking punks.

Dispatcher: Are you following him?

Zimmerman: Yeah.

Dispatcher: Okay, don’t do that.

Zimmerman: Okay.

If you followed the Zimmerman/Martin killing at all, you probably recognized that this is not what the dispatcher said.  The correct transcript is:

Dispatcher: Okay, we don’t need you to do that.

Nowadays, we don’t tell people what to do and what not to do. We don’t tell them what they should or should not do or what they ought or ought not to do.  Instead, we talk about needs – our needs and their needs.  “Clean up your room” has become “I need you to clean up your room.”

The age of “there are no shoulds,” the age of needs, began in the 1970s and accelerated until very recently.   Here are Google n-grams for “you need to” and “they need to.”

 We don’t say, “The writers on ‘Mad Men’ ought to watch out for anachronistic language.” We say that they “need to” watch out for it.  It was Benjamin Schmidt’s Atlantic post (here) about “Mad Men” that alerted me to this ought/need change.  Schmidt created a chart showing the relative use of “ought to” and “need to.”

All the films and TV shows in the chart are set in the 1960s.  But the scripts that were actually written in the 60s are more likely to use “ought”; the 60s scripts written in the 21st century use “need.”

Real imperatives (“Stop that right now”) claim moral authority. So do ought and should. But need is not about general principles of right and wrong.  In the language of need, the speaker claims no moral authority over the person being spoken to. It’s up to the listener to weigh his own needs against those of the speaker and then make his own decision.

No wonder Zimmerman felt free to ignore the implications of the dispatcher’s statement.  It was not a command (“Don’t do that”), it did not assert authority or the rightness of an action (“You should not do that”).  It did not even state what the police department needed or wanted.  It merely said that Zimmerman’s pursuit of Martin was not necessary.  Not wrong, not ill-advised, just unnecessary.

If the dispatcher had spoken in the language of the 1960s and told Zimmerman that he should not pursue Martin, would Trayvon Martin be alive?  We cannot possibly know. But it’s reasonable to think it would have increased that probability.

Philip Cohen, for what it’s worth, tells me that a TV commentator said that dispatchers have a protocol of not giving direct orders.  If such an instruction led to a bad outcome, the department might be held accountable.  So police departments’ efforts to avoid lawsuits may also have contributed to Martin’s death or, at least, the not-guilty verdict for Zimmerman.

Cross-posted at Montclair SocioBlog.

Jay Livingston is the chair of the Sociology Department at Montclair State University. You can follow him at Montclair SocioBlog or on Twitter.

When white Americans are in trouble, they rarely hesitate to call the police. That’s because most of them trust the police. They rarely realize the significance during encounters with the police of their own protective “white” skin.

Many white folks also have trouble understanding the deep distrust of the police in other racialized communities. That’s because they fail to realize how quick many police officers are to harass non-white people, and how much less they tend to value non-white lives.

White Americans should listen, with sincerity and respect, to the reported experiences of others with the entrenched racist attitudes among the police, and the rampant abuse such attitudes inspire. They should also listen to the corrosive effects on non-white communities of the relative impunity with which police repeatedly harass, and murder, non-white people.

In the following short film, Stacey Muhammad’s “I AM SEAN BELL, black boys speak,” black Americans effectively explain their reasoned fear, distrust, and dismay regarding the police. I think that for starters, this film is perfect discussion material for all American classrooms. And any other gatherings that include white eyes and ears.

See a complementary post, featuring a great clip from Michael Moore, at Stuff White People Do here.

[h/t: Kai @ Zuky]

Originally posted in 2009. Re-posted in solidarity with the African American community; regardless of the truth of the Martin/Zimmerman confrontation, it’s hard not to interpret the finding of not-guilty as anything but a continuance of the criminal justice system’s failure to ensure justice for young Black men.

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About himself, Macon writes, “I’m a white guy, trying to find out what that means. Especially the ‘white’ part. I live in that heart of the heart of American whiteness, the ever-amorphous ‘Midwest.'”  Macon’s blog, Stuff White People Do, is an excellent source of insights about race and racism. 

Leontine G. sent in a troubling example of the framing of children’s deviance, and their own complicity in this framing. She included two links: one to a Today show story about a 7-year-old boy who took his family’s car on a joyride and got caught by police, and one to a CNN story about a 7-year-old boy who took his family’s car on a joyride and got caught by police.  Different 7-year-olds.  One white, one black.

The white boy, Preston, is interviewed with his family on the set of the Today show.  Knowing his kid is safe, his Dad describes the event as “funny” and tells the audience that if this could happen to a “cotton candy all-American kid like Preston,” then “it could happen to anybody.”

When the host, Meredith Vieira, asks Preston why hid from the police, he says, “cause I wanted to,” and she says, “I don’t blame you actually.”  With Preston not too forthcoming, his Mom steps in to say that he told her that “he just wanted to know what it felt like to drive a car.”  When Vieira asks him why he fled from the police, he replies with a shrug.  Vieira fills in the answer, “You wanted to get home?”

Vieira then comments on how they all then went to church.  The punishment?  Grounded for four days without TV or video games.  Vieira asks the child, “Do you think that’s fair?”  He says yes.  And she continues, “Do you now understand what you did?”  He nods and agrees.  “And that maybe it wasn’t the smartest thing?”  He nods and agrees.  “You gonna get behind the wheel of a car again?”  He says no.  Then she teases him about trying out model toy cars.

They conclude that this incident just goes to show that “Any little kid, you never know what can happen…” and closes “I’ll be seeing you at church buddy boy!”

The video:

All in all, exactly what you’d expect from the Today show: a heartwarming, human interest story with a happy ending. The child is framed as a fundamentally good kid who was curious and perhaps a bit impetuous. When he has no answers for Vieira’s questions, she slots in innocent ones.  And the mild punishment is seen as incidental to the more important idea that he learned something.

This story contrasts dramatically to the CNN story about Latarian Milton, a black 7-year-old who took his family’s car on a joy ride.  I’ll put the video first, but be forewarned, it’s disturbing not only because of the different frame placed on the boys actions, but because of the boy’s embracing of the spoiled identity (apology for the commercial):

With an absolutely polar introduction of “Not your typical 7-year-old,” this story is filmed on the street. Whereas the Today show screened the chase footage in real time, this one is sped up, making it seem even more extreme.

The interviewer, off-camera, asks Latarian why he took the car. He replied: “I wanted to do it ’cause it’s fun, it’s fun to do bad things.” The interviewer asks further, “Did you know that you could perhaps kill somebody?” And he replies: “Yes, but I wanted to do hoodrat stuff with my friends.”

The interviewer asks him what punishment he should receive and Latarian offers a punishment very similar to Preston’s: “Just a little bit… no video games for a whole weekend.” In a longer version of this news story, now taken down, the camera focuses on a reporter who explains that the police plan to go forward with charges of grand theft against him.  While he’s “too young to go into any type of juvenile facility,” he says, “police say they do want to get him into the system, so that they can get him some type of help.”

The implication here, of course, is that this child is not innocent or impetuous like Preston, he’s a pre-criminal who needs “some type of help.” The sooner they get Latarian into “the (prison?) system,” the better. No cotton candy kid this one.

Unfortunately, Latarian says all the right things to make the narrative fit. He says he likes to do “bad” things, calls himself a “hoodrat,” and seems unremorseful, even defiant, for at least part of the interview (he looks a bit sheepish in the end when he finds out his grandmother is going to have to pay for the damage he did to other cars).

One way to interpret this is to say that Latarian IS a pre-criminal. That he DOES need to get into the system because he’s clearly a bad kid.  Someone inclined to believe that black people were, in fact, more prone to criminal behavior could watch these two videos and feel confirmed in their view.

But there is good evidence that people, beginning as children, internalize the stereotypes that others have of them.  As Ann Ferguson shows in her book, Bad Boys: Public Schools in the Making of Black Masculinity, black children, especially boys, are stereotyped as pre-criminals; not adorably naughty, like white boys, but dangerously bad from the beginning.  And studies with children have shown that they often internalize this idea, as in the famous doll experiment in which both black and white children were more likely than not to identify the black doll as bad (see this similar demonstration of white preference on CNN and a discussion of the original doll experiment at ABC).  So I think this terribly sad story of Latarian is showing us how children learn to think of themselves as deviant and bad from the society around them.  Latarian, remember, is seven, just like Preston.  They’re both children, but they are being treated very differently, as these programs illustrate, and it is already starting to sink in.

Originally posted in 2010. Re-posted in solidarity with the African American community; regardless of the truth of the Martin/Zimmerman confrontation, it’s hard not to interpret the finding of not-guilty as anything but a continuance of the criminal justice system’s failure to ensure justice for young Black men. Crossposted at Racialicious, the Huffington Post, and Love Isn’t Enough.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

Jay Livingston at Montclair SocioBlog discussed the two figures below (full report here).  The first shows that Black and Hispanic drivers are more likely to be stopped by Los Angeles Police than White drivers.  The second shows that, when stopped, if searched, police are more likely to find weapons and drugs on Whites than on either Blacks or Hispanics.  Conclusion: Blacks and Hispanics are being racially profiled by the L.A.P.D. and racial profiling does not work.  Data from New York City in 2008 tells a similar story.

The New York Civil Liberties Union reports that the NYPD stopped 161,000 people in the first quarter of 2011. A record number.  Eighty-four percent of those stopped were Black or Latino.  The Civil Liberties Union has filed a lawsuit, claiming that the practice is unconstitutional.

Originally posted in 2011. Re-posted in solidarity with the African American community; regardless of the truth of the Martin/Zimmerman confrontation, it’s hard not to interpret the finding of not-guilty as anything but a continuance of the criminal justice system’s failure to ensure justice for young Black men.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

“[H]olding all other factors constant,” Amnesty International summarizes, “the single most reliable predictor of whether someone will be sentenced to death is the race of the victim.”

Originally posted in 2010. Re-posted in solidarity with the African American community; regardless of the truth of the Martin/Zimmerman confrontation, it’s hard not to interpret the finding of not-guilty as anything but a continuance of the criminal justice system’s failure to ensure justice for young Black men.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

In analysis of Presidential pardons during the George W. Bush administration, ProPublica has found that whites were four times as likely as non-whites to be granted a pardon.  Pardons were granted to 12% of whites, 10% of Hispanics and Asians, and zero percent of Blacks and Native Americans. The disparity remained even when investigators controlled for type of crime.

ProPublica explains:

…President George W. Bush decided at the beginning of his first term to rely almost entirely on the recommendations made by career lawyers in the Office of the Pardon Attorney.

The office was given wide latitude to apply subjective standards, including judgments about the “attitude” and the marital and financial stability of applicants…

Bush followed the recommendations of the pardons office in nearly every case… President Obama — who has pardoned 22 people, two of them minorities — has continued the practice of relying on the pardons office.

Sometimes disparate decisions in pardon cases were eyebrow raising:

An African American woman from Little Rock, fined $3,000 for underreporting her income in 1989, was denied a pardon; a white woman from the same city who faked multiple tax returns to collect more than $25,000 in refunds got one. A black, first-time drug offender — a Vietnam veteran who got probation in South Carolina for possessing 1.1 grams of crack – was turned down. A white, fourth-time drug offender who did prison time for selling 1,050 grams of methamphetamine was pardoned.

ProPublica traces the disparity to age, leniency given to people who are seen as “upstanding” members of society (e.g., they’re married, have little debt), the influence of money and politics (letters from Congresspersons and donations to lawmakers by convicts’ spouses), and simple prejudice.  Nevertheless:

When the effects of those factors and others were controlled using statistical methods, however, race emerged as one of the strongest predictors of a pardon.

Originally posted in 2012. Re-posted in solidarity with the African American community; regardless of the truth of the Martin/Zimmerman confrontation, it’s hard not to interpret the finding of not-guilty as anything but a continuance of the criminal justice system’s failure to ensure justice for young Black men.

Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.

In conversation, I keep accidentally referring to Zimmerman’s defense lawyers as “the prosecution.” Not surprising, because the defense of George Zimmerman was only a defense in the technical sense of the law. Substantively, it was a prosecution of Trayvon Martin. And in making the case that Martin was guilty in his own murder, Zimmerman’s lawyers had the burden of proof on their side, as the state had to prove beyond a reasonable doubt that Martin wasn’t a violent criminal.

This raises the question, who’s afraid of young black men? Zimmerman’s lawyers took the not-too-risky approach of assuming that white women are (the jury was six women, described by the New York Times as five white and one Latina).

“This is the person who … attacked George Zimmerman,” defense attorney Mark O’Mara said in his closing argument, holding up two pictures of Trayvon Martin, one of which showed him shirtless and looking down at the camera with a deadpan expression. He held that shirtless one up right in front of the jury for almost three minutes. “Nice kid, actually,” he said, with feigned sincerity.

Going into the trial, according to one analysis, the female jurors were supposed to have more negative views about Zimmerman’s vigilante behavior, and be more sympathetic over the loss of the child Trayvon. As a former prosecutor put it:

With the jury being all women, the defense may have a difficult time having the jurors truly understand their defense, that George Zimmerman was truly in fear for his life. Women are gentler than men by nature and don’t have the instinct to confront trouble head-on.

But was the jury’s race, or their gender, the issue? O’Mara’s approach suggests he thought it was the intersection of the two: White women could be convinced that a young black man was dangerous.

Race and Gender

Racial biases are well documented. With regard to crime, for example, one recent controlled experiment using a video game simulation found that white college students were most likely to accidentally fire at an unarmed suspect who was a black male — and most likely to mistakenly hold fire against armed white females. More abstractly, people generally overestimate the risk of criminal victimization they face, but whites are more likely to do so when they live in areas with more black residents.

The difference in racial attitudes between white men and women are limited. One analysis by prominent experts in racial attitudes concluded that “gender differences in racial attitudes are small, inconsistent, and limited mostly to attitudes on racial policy.” However, some researchers have found white men more prone than women to accept racist stereotypes about blacks, and the General Social Survey in 2002 found that white women were much more likely than men to describe their feelings toward African Americans positively. (In 2012, a minority of both white men and white women voted for Obama, although white men were more overwhelmingly in the Romney camp.)

What about juries? The evidence for racial bias over many studies is quite strong. For example, one 2012 study found that in two Florida counties having an all-white jury pool – that is, the people from which the jury will be chosen – increased the chance that a black defendant would be convicted. Since the jury pool is randomly selected from eligible citizens, unaltered by lawyers’ selections or disqualifications, the study has a clean test of the race effect. But I can’t find any on the combined influence of race and gender.

The classical way of framing the question is whether white women’s group identity as whites is strong enough to overcome their gender-socialized overall “niceness” when it comes to attitudes toward minority groups. But Zimmerman’s lawyers appeared to be invoking a very specific American story: white women’s fear of black male aggression. Of course the “victim” in their story was Zimmerman, but as he lingered over the shirtless photo, O’Mara was tempting the women on the jury to put themselves in Zimmerman’s fearful shoes.

Group Threat

But do white women really feel threatened by black men? That’s an old, blood-stained debate. In the 20th century there were 455 American men (legally) executed for rape, and 89 percent of them were black — most were accused of raping white women. That was just the legal tip of Jim Crow’s lynching iceberg, partly driven by white men asserting ownership over white women in the name of protection. But the image of course lives on.

In the specific realm of U.S. racial psychology, one of the less optimistic, but most reliable, findings is that whites who live in places with larger black populations on average express more racism (here’s a recent confirmation). Most analysts attribute that to some sense of group threat – economic, political, or violent – experienced by the dominant majority.

Because people inflate things they are afraid of, you can get a ballpark idea of how threatened white people feel by asking them how big they think the black population is. And since they don’t realize their racial attitudes are being measured, they aren’t as likely to shade their answers to appear reasonable.

The 2000 General Social Survey asked about 1,000 white adults to estimate the size of the black population. Both groups were way off, of course: 95 percent of white women and 85 percent of white men overestimated. But the skew was stronger for women than men: 69 percent of women and 49 percent of men guessed that blacks are more than 20 percent of the population (the correct answer at the time was 12 percent).

Here are those results, showing the cumulative percentage of white men and women who thought the black population was at or below each level:

Maybe white women’s greater overestimation of the black population is not an indicator of perceived threat. In the same survey white women were no more likely than white men to describe blacks as “prone to violence” (then again, there’s social pressure to say “no”).  Anyway, whether women feel more threatened than men do isn’t the issue, since the jury was all women. The question is whether the perceived threat was salient enough that the defense could manipulate it.

I don’t know what was in the hearts and minds of the jurors in this case, of course. Being on a jury is not like filling out a survey or playing a video game. But however much we elevate the rational elements in the system, emotion also plays a role. Whether they were right or not, Zimmerman’s lawyers clearly thought there was a vein of fear of black men inside the jurors’ psyches, waiting to be mined.

Originally posted at The Atlantic and Family Inequality.

Philip N. Cohen is a professor of sociology at the University of Maryland, College Park, and writes the blog Family Inequality. You can follow him on Twitter or Facebook.