Baltimore Is Finally Doing Something About Its Notorious Police Force

Originally published in VICE on January 12, 2016.
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The city of Baltimore and the federal government unveiled the terms of a sweeping 227 page consent decree Thursday morning, a legal document mandating reforms to the local police force. The deal emerged 21 months after 25-year-old Freddie Gray died while in police custody in April 2015, and five months after a scathing Department of Justice report alleged a litany of unconstitutional, racist, and just plain mean-spirited policing practices in Charm City.

“Through this agreement, we are moving forward together to heal the tension in the relationship between BPD and the community it serves,” US Attorney General Loretta Lynch said at a press conference in the city. “The agreement is robust and comprehensive,” she added, emphasizing that it was negotiated to ensure effective policing, restore the community’s trust in law enforcement, and advance the public and police officers’ safety.

Like 14 similar deals currently being enforced on law enforcement jurisdictions across America, the Baltimore consent decree lays out a number of new rules and systemic changes. Among other things, it calls for a community oversight task force to recommend tweaks to the current civilian oversight systems, insists on respect for individuals’ First Amendment rights to protest and monitor the police, imposes guidelines on proper use of force and transport of people in custody, protocols on constitutional stops, searches, and arrests, requirements for annual “community policing” trainings for all officers, and new procedures for conducting sexual assault investigations. While the BPD has moved to implement some of these reforms already—which the decree acknowledges and commends—Baltimore now has a legal tool to help cure what critics believe is a broken culture of often-brutal policing.

The deal also represents one of the last chances for the Obama administration’s activist Justice Department to leave its fingerprint on the American criminal justice system—and to rein in rogue cops at the center of Black Lives Matter protests. The only question is how aggressively a new, “law and order” happy White House under Donald Trump will enforce it.

The Baltimore City Fraternal Order of the Police, the local police union, quickly issued a critical statement after news of the decree broke Thursday, bemoaning the fact that they were not included in the negotiations. “Despite continued assurance by representatives of the Department of Justice that our organization would be included in the Consent Decree negotiations, no request to participate was ever forthcoming and we were not involved in the process,” the statement said. “As we were not afforded an advance copy of the agreement, neither our rank and file members who will be the most affected, nor our attorneys, have had a chance to read the final product and, as such, we will not have a comment now. Be assured, however, that a response will be forthcoming at the appropriate time.”

Police unions in other cities have worked to block reform efforts through their collective bargaining agreements, and Baltimore activists say they are bracing for similar resistance from the local FOP. The Baltimore police union has opposed reforms to the Law Enforcement Bill of Rights, which governs how officers accused of misconduct are treated in Maryland. Some activists say the statewide law stands as the city’s biggest barrier for meaningful police accountability and transparency.

In October, for its part, the Baltimore FOP issued its own recommendations for inclusion in the consent decree, calling for things like increased whistleblower protections, more cops, and technology upgrades.

During his confirmation hearings for US Attorney General this week, Alabama US Senator Jeff Sessions expressed skepticism about using consent decrees to force change in police departments. “These lawsuits undermine the respect for police officers and create an impression that the entire department is not doing their work consistent with fidelity to law and fairness,” he said. Sessions also once wrote that court-ordered consent decrees were “undemocratic” and “dangerous,” which taken with his more recent comments has served to send a chill down the spine of police reformers nationwide.

Still, Outgoing Attorney General Lynch assured the public at Thursday’s press conference that the consent decree “will live on past this administration.” After all, it is court-enforceable and there will be an independent monitor overseeing the agreement.

But Lawrence Brown, an assistant professor of public health at Morgan State University, told VICE he has “no faith in Trump’s folks, especially if it’s Beauregard Sessions” and that he expects the police union to oppose key elements of the agreement. “Other means will have to be utilized to ensure this is enforced,” he said, pointing to ongoing efforts to change or repeal the Law Enforcement Bill of Rights.

Meanwhile, DeRay McKesson, a Black Lives Matter national activist and administrator in the Baltimore City Public School system, praised the agreement on Twitter for its scope, and noted that it’s the first consent decree he’s ever seen to include school police.

 

Skepticism that the new administration will hold local cops’ feet to the fire abounds, however. One member of Baltimore Bloc, a grassroots group focused on police reform, told VICE that she and her fellow activists have no confidence in a Trump DOJ to enforce the consent decree, even if they had their doubts about enforcement under a Hillary Clinton DOJ, too. “I think Baltimore Police is going to resist it all the way, FOP’s statement is already obstructionist as hell, and it was the police gleefully violating people’s rights that got us here,” the activist said.

The city has been under pressure to finish the consent decree before Inauguration Day. That’s because once the agreement is finalized—it still needs court approval—a federal judge will be empowered to enforce it, no matter who is president or US attorney general. Still, legal experts generally agree that if the police department or city political leadership fail to follow through on the terms of the agreement, it will be up to Trump’s Department of Justice to take them to court to compel change

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Redlining map project provides new way for researchers to rethink struggling urban areas

Originally published in the winter 2016 issue of Johns Hopkins Magazine
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After 25-year-old Freddie Gray suffered a fatal spinal cord injury in 2015 while in the custody of Baltimore police, the city erupted with protests, riots, and much subsequent soul-searching. Attention focused on Sandtown-Winchester, the neighborhood where Gray was arrested—one of the most impoverished and blighted areas in Baltimore. Local community leaders set up meetings to discuss what it would take to support and revitalize poor neighborhoods like Sandtown, where more than a third of the houses are abandoned and roughly 20 percent of working-age residents are unemployed. The subtext of these well-meaning conversations was that there must have been a time when these neighborhoods were more desirable, and that at some point, somewhere along the way, things went downhill.

In the mid-1990s, in what was one of the most ambitious neighborhood revitalization projects in Baltimore’s history, public and private sources poured more than $130 million into Sandtown-Winchester in a massive effort to transform it. Yet despite the influx of new housing, health services, and school enhancements, the investments were not enough to attract new businesses and jobs, or to suppress the flourishing drug trade.

Mapping Inequality, a new project created by three teams drawn from four universities, including Johns Hopkins, offers leaders and researchers a new way to think about persistently struggling neighborhoods like Sandtown. Launched in October, the project features unprecedented online access to maps and materials produced between 1935 and 1940 by the Home Owners’ Loan Corporation, a federal agency created as part of the New Deal. HOLC officials traveled to nearly 250 cities across America throughout the 1930s, developing color-coded maps to demonstrate each neighborhood’s risk and creditworthiness, factors that often reflected the community’s racial demographics. These influential documents helped standardize housing policy and real estate practices, and they were used by federal housing agencies until the late 1960s.

Sifting through Baltimore’s own HOLC map on the Mapping Inequality website, one can begin imagining how developers, bankers, real estate agents, and federal officials thought about each locality. Users can pore over the jigsaw puzzle–like breakdown of the city’s neighborhoods, clicking through to scans of each one’s “Area Description,” a document that includes information on the terrain, detrimental influences (“Obsolescence” and “Negro concentration,” for example), and racial makeup of residents. Each area was assigned a letter grade: A-rated neighborhoods, colored green, signified the best places to live; D-rated neighborhoods, colored red, were the worst.

“Part of what’s interesting about the project is just getting to think through what people’s popular narratives are today about segregation and redlining,” says Johns Hopkins historian N.D.B. Connolly, who worked on the Mapping Inequality project. “What do people know? And how can showing these HOLC maps add to that general understanding?” Connolly, an expert in the history of race and American cities, thinks the project can help people consider the longer historical trajectory of inequality.

“It also provides a way to think about racial inequality as far more of a problem of law and economics than of culture,” he says.

The HOLC maps and area descriptions are available for the public to download, so others can begin to pursue questions that even two or three years ago would have likely been too onerous to tackle. For example, what was the relationship between residential segregation and union membership? By collecting information from union membership rolls, you could now analyze union members’ living conditions. You could also determine what segregated neighborhoods looked like in terms of infrastructure quality, or how many homes had telephones, or the availability of grocery stores. “It gives you a way of taking a slice of American life and adding a whole host of new data points,” says Connolly.

On Baltimore’s HOLC map, Sandtown-Winchester was a redlined, D-rated area eight decades ago. Federal agents determined that it had “houses in very bad condition” and vandalized buildings in poor repair. They reported relatively equal numbers of white immigrants and black people living in the area, and when asked to assess the area’s “trend of desirability” over the next 10 to 15 years, HOLC agents predicted it going “downward.”

These maps challenge the narrative that healthy, thriving neighborhoods declined because of rioting in the 1960s or indolence. What they actually suggest, Connolly says, is that these Baltimore neighborhoods were always struggling, but more opportunities were given to white immigrants to get out. “These are not places that have ‘gone downhill,'” Connolly says. “Rather, they are places that were always full of environmental hazards, always considered poor and getting worse, and also the only option available to black families due to housing discrimination.”

How Cops Have Turned Baltimore into a Surveillance State

Originally published in VICE on September 13, 2016.
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Somehow, the policing nightmare in Baltimore keeps getting worse.

In July, charges were dropped against all the officers responsible for 25-year-old Freddie Gray’s death, a massive defeat for police accountability in a city crying out for it. Just weeks later, the feds released a scathing report finding Baltimore cops engaged in systematic racism and callousness towards victims of sexual assault. And perhaps most spectacular of all, a magazine story late last month revealed cops have been running a secret aerial surveillance program in city skies.

All of which is to say that just as cynical and frustrated residents began to plot the long road to reform in a city wracked by gun violence and shady policing, experts and reform advocates now find themselves at a loss to explain how one city is wrapped up in just about every kind of police excess there is.

The aerial surveillance program consists chiefly of flying planes over 8,000 feet in the air and gathering video footage across a roughly 30 square mile radius, as Bloomberg Businessweek reported. The program was funded secretly by Texas billionaires, Laura and John Arnold, who say they are looking to support new tools that can help police departments more effectively solve crime. The planes have flown about 300 hours in Baltimore since January.

For its part, the police department denies that officers have done anything wrong, or that the planes even amount to a form of surveillance. TJ Smith, media relations chief for the Baltimore Police Department, told VICE the aerial program “doesn’t infringe on privacy rights” because it captures images available in public spaces. “We do not feel like citizen’s rights were violated because they weren’t,” he said. “This phase is a trial run to see if this is technology would be useful in the city of Baltimore. We are constantly searching for creative ways to solve crime in a city that saw 344 murders in 2015.”

An evaluation of the program’s effectiveness, also funded by the Arnolds, is expected to come out later this month.

Meanwhile, last week, in the final days available for public comment on the feds’ scathing appraisal of Baltimore cops—the NAACP Legal Defense and Education Fund, the University of Maryland Francis King Carey School of Law, and Maryland Congressman Elijah Cummings hosted a town hall for residents to share their thoughts on police reform. Michael Wood, a former city cop turned reform activist, attended, and while he expected racism to be at the top of the list, the surveillance bombshell was clearly overwhelming residents, too.

“I haven’t spoken to a person who isn’t furious,” Wood told VICE of revelations about the program.

Remarkably, the mayor and the city council were both unaware of the surveillance experiment’s very existence, namely because it was funded secretly through a local foundation. The foundation’s leadership have claimed they did not realize what the Arnolds’ money was going towards, and in a statement, Laura Gamble, board chair, and Thomas Wilcox, the foundation’s president and CEO, said they have “learned valuable lessons from this experience.”

Baltimore public defenders were also kept in the dark, and argue that police and prosecutors’ failure to disclose—in court documents—when video footage came from aerial surveillance is a serious problem. Defenders have called for a suspension of the program.

Meanwhile, state and local politicians are looking at legislative responses to the city’s latest police scandal. At the next session, Curt Anderson, the head of Baltimore’s delegation to the Maryland House of Delegates, is considering introducing surveillance regulations that would apply to all Maryland police departments. He told the Baltimore Sun that lawmakers need to figure out “how and where [footage] would be used, where you keep the information, how much it would cost to store that information, and how much it would cost someone if they made a request for that information.” On the local level, the ACLU of Maryland plans to craft legislation for someone on the Baltimore City Council to sponsor, which would limit the scope of police surveillance and/or increase the level of civilian oversight.

Elizabeth Joh, a law professor at the University of California Davis who specializes in policing and technology, told me that while police secrecy is nothing new, the kind of dragnet surveillance that Baltimore has engaged in—where officers aren’t necessarily looking for one particular person, or conducting a specific investigation—raises serious political issues. “You need to balance some legitimate police needs with the idea that police may just have too much information on innocent people,” Joh said. “And that’s a real struggle for people in a democracy to figure out. Police can go as far as they want, but what do communities want?”

Baltimore police officials maintain the aerial surveillance program is just an extension of CitiWatch, its street-level closed circuit television system. But according to Anne McKenna, a visiting law professor at Penn State University and a national expert on technology and surveillance, the “breadth and scope” of Baltimore’s aerial surveillance program raises new questions that are nowhere near settled in case law. And when you take the department’s reported aggregation of social media posts, overlay it with aerial surveillance and closed circuit TV footage, “Well, you’ve really created Big Brother,” McKenna said.

But Tara Huffman, director of Criminal and Juvenile Justice at the Open Society Institute-Baltimore, actually sees the city’s police commissioner, Kevin Davis, who took over not long after Gray’s death, as someone who genuinely understands the importance of reform. Which makes the surveillance revelations all the more surprising. “It seemed completely contradictory to the actions we’ve seen Commissioner Davis take,” Huffman told VICE.

Baltimore, of course, is continuing to struggle with gun violence—the Sun reports there have been 215 homicides already this year, and the police’s clearance rate for solving murder cases has tended to be dreadfully low. But the connection between aerial oversight and catching violent criminals isn’t always so clean-cut.

“I think what is alarming—and I think it’s fair to say uniquely alarming about what we’ve seen going on in Baltimore—is there’s been a massive investment of resources to monitor speech and protest,” said Lee Rowland, the Senior Staff Attorney with the ACLU’s Speech, Privacy and Technology Project. “Exercising your First Amendment right is not probable cause, it’s not reason for suspicion. That the police would be directing their investigative resources to fly over protests or spend their days on Facebook looking for speech when there’s been no complaint or evidence of a crime, that is a use of power we should call out as wrong.”

Challenges remain for Baltimore residents, as the deadline for a consent decree with the Department of Justice draws near and opposition from the police union looms large. But most glaring of all to some observers is the fact that the police department continues to argue that tracking social media and conducting aerial surveillance shouldn’t even bother people.

“The community’s reaction to the surveillance helps to underscore just how fractured the relationship is, just how deep the distrust, the resentment, the suspicions run,” said Huffman. “The community is in a position where transparency is the order of the day.”

Arrests and Suspensions Are Out of Control in Baltimore Schools

Originally published in VICE on March 9th, 2016.
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An eight-second video was released last week showing a Baltimore school police officer attacking an unarmed student while another cop stood by and watched. The clip went viral and spurred national outrage, as well as calls for a federal investigation. The two officers, Anthony Spence and Saverna Bias, turned themselves in Tuesday night to face second-degree assault and misconduct in office charges—Spence is also charged with second-degree child abuse—and had posted bail by early Wednesday. But with criminal trials still pending for the six cops charged over the death of 25-year-old Freddie Gray last year, the footage has stoked an already strained conversation around policing in Baltimore City.

Upon the clip’s release, politicians and advocates quickly began to criticize the city’s ill-defined school police policies, pointing out that there are no public arrest statistics, including who gets busted, why, and whether those incidents might have been handled outside the criminal justice system. There’s also little or no oversight of the school police budget and officers’ use of force. All of which is especially alarming given that policing aside, Maryland actually has some of the most progressive school discipline policies in the country—at least on paper.

Still, a lack of leadership and a persistent culture of criminalization within public schools have the city suspending, expelling, and arresting students too often—and in discriminatory fashion.

Baltimore’s unique place in America’s school discipline hierarchy emerged over the past decade. In 2004, the city’s school issued more than 26,000 suspensions in a school district of 88,000. Alarmed city advocates began speaking out, forming networks to push for disciplinary alternatives, and fighting for district leaders to reckon with the glaring suspension data. Research has long shown that excessive suspensions and expulsions are tied to higher rates of school absence, school drop-outs, and academic failure. Suspended students often sit around at home, or in low-quality alternative programs, falling further behind on their studies. There’s also evidence that school suspensions lead to higher rates of arrest and juvenile detentions, fueling what is commonly referred to as the “school to prison pipeline.”

In 2007, Baltimore hired a new school CEO, Andres Alonso, who began overhauling the district’s school discipline policies. He worked to scale back not only the scope of offenses that could warrant an out-of-school suspension, but also expanded the number of restorative alternatives to keep kids in class and on top of their school work.

The results were dramatic. During the 2009-2010 school year, the district issued fewer than 10,000 suspensions, a decrease of more than 50 percent from 2004. The suspensions were also significantly shorter, and graduation rates went up, particularly for young black men.

“One of the things that really sets us apart from other school districts is that students can no longer be suspended for low-level and ambiguous infractions, such as disrespect,” explains Karen Webber, director of the Education and Youth Development at the Open Society Institute-Baltimore, a local think tank and advocacy group. “Before, a child might say something edgy, and if an administrator didn’t appreciate what was said or how it was stated, that child could be sent home for five days.”

Advocates around the state began to push for similar reforms, and in 2014 the State Board of Education approved new regulations to reduce the numbers of suspensions and expulsions across Maryland. The new policies encouraged teachers and principals to keep students in the classroom whenever possible and to promote alternative disciplinary measures. And the feds took notice: In light of Baltimore’s substantial drop in suspensions, and the statewide work done around discipline reform, Secretary of Education Arne Duncan and Attorney General Eric Holder came to Baltimore in 2014 to unveil the first set of national school discipline guidelines.

But even as suspensions have plummeted, critics point to a series of disturbing school police scandals and argue that Baltimore City still hasn’t implemented many of the progressive policies passed statewide two years ago. The district hired a new CEO that year, Dr. Gregory Thornton, who has made less of a fuss about school discipline reform.

“You can have the most promising policies on the books but rules are only as good as their implementation,” says Monique Dixon, deputy director of policy at the NAACP Legal Defense Fund.

“While there’s been great work done to write these policies, those changes have not been filtered down to the staff level—nobody has been retrained,” adds Jenny Egan, a juvenile public defender in Baltimore.

For example, some suspended Baltimore students languish for months outside of school just because the district failed to make a final decision about their punishment. Neeta Pal, a legal fellow at the Maryland Public Defender’s office, says that when the district leaves students in this bureaucratic limbo—indefinitely suspended—it violates both state law and the US constitution.

One such student was 15-year-old Kuran Johnson, a ninth grader with a disability who was suspended this past October. Johnson spent four months in an alternative program, and was only allowed to return back to a traditional public school a few weeks ago after Nicole Joseph, an attorney with the Maryland Disability Law Center, threatened to sue. “This is their way to get rid of kids,” Sabrina Newby, Johnson’s grandmother, tells me over the phone. “They feel these kids are so easy to suspend, and then they wonder why kids end up dropping out or wind up in juvenile facilities.”

Following the standoff between students and police back during the April 2015 Freddie Gray protests, Karl Perry, a Baltimore high school principal, penned a memo in which he attributed the local uprising in part to their “soft code of conduct.” He promised a “return to zero-tolerance enforcement,” and within two months, he was hired to be the district’s Chief Supports Officer—overseeing, among other things, suspensions and school police.

Joseph wrote an op-ed in the Baltimore Sun criticizing Perry’s remarks, arguing that zero-tolerance policies “feed the school-to-prison pipeline” and increase the likelihood at-risk students will be excluded from school. She called for reforms like increasing the number of mental health providers, promoting positive behavior interventions, and increasing engaging curriculum and job skills training.

She points out that in Baltimore, despite all the changes and national attention, black students and those with disabilities are still suspended at higher rates than the general student population.

“Yes, suspension numbers have gone down, in almost every district across the state, but the disproportionately is not going down,” Joseph says in an interview. “Both by race, and also for students with disabilities, these minority groups are not experiencing the same reduction in harsh discipline that non-disabled and white kids are.”

Officials with the Baltimore City Public Schools did not return repeated requests for comment on Perry’s remarks, on students left in suspension limbo, and on whether the district feels it has adequately implemented the state’s discipline regulations. Meanwhile, critics see the suspensions, expulsions, arrests and abuse cases as part of the same problem—a school culture that tries to kick students out rather than engage them where they are, as they are.

“We know so many of our kids have serious challenges, and one of the goals of our schools should be to address them, to help them, and not to punish them,” Egan says. “We have to change the culture so that schools actually take kids as they come. We can’t just pass the buck.”

On the state of school integration discussions

Originally published in The American Prospect on February 11, 2016.
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Yesterday the Albert Shanker Institute, a think tank affiliated with the American Federation of Teachers (AFT), hosted a panel discussion on school and housing segregation. Featuring Kimberly Goyette, a sociologist at Temple University, Amy Ellen Schwartz, an economist at NYU, Amy Stuart Wells, a sociologist at Columbia, and Richard Rothstein, a research associate at the Economic Policy Institute and former New York Times education columnist—the four speakers explored how best to provide children and families with opportunity.

The panel came on the heels of a few recent school integration developments. First, the Obama administration just released its 2017 budget, calling for $120 million to fund voluntary socioeconomic integration of schools. (Though largely symbolic,national advocates were enthusiastic, as it would more than double current levels of federal funding.) Second, the Century Foundation just released two new reports showing that the number of school districts and charter schools embracing voluntary integration has more than doubled in the past decade. (It’s still a small percentage, though.) And lastly, historian Matthew Delmont has just written a provocative book, Why Busing Failed, which challenges mainstream assumptions about “forced busing” as a tool for desegregation.

Yet despite increased attention, it’s evident that the school integration conversation suffers from a few problems. In many respects, people are talking past one another, disagree on basic terms and definitions, and have strongly different ideas about what the problems even are, let alone what the optimal policy solutions should be.

Are integrated schools something everyone should have, or should we just design “diverse schools” for parents and families who actively seek that? Are we pushing for integration because there’s a particular moral imperative, or has research demonstrated it improves student academic achievement? Are schools with high concentrations of racial minorities considered segregated if families choose to send their children to them? How should we be thinking about the rise of largely white charter schools? Do we talk about racism? Socioeconomic status? The Constitution?

On the panel, Richard Rothstein argued that the country has a long way to go in terms of fulfilling its constitutional obligation to desegregate schools—and that the first step must involve launching a national education campaign so that the public, and progressives in particular, can better understand their history. He called de facto segregation “a national myth”—one that allows Americans to sleep easy in the face of illegal discrimination.

“We have to get serious about desegregating the country, and I don’t just mean desegregating low-income families,” he said. “I mean lower-middle class areas too. We need a fundamental rethinking about our priorities.” Rothstein walked through the history of government-sponsored housing segregation, specifically looking at Ferguson, Missouri, which he’s also written about at length for The American Prospect.

Others were less impressed with his vision. Amy Ellen Schwartz quickly dismissed Rothstein’s ideas, and went on to list various strategies that advocates can employ right now to meet kids where they are. She touted school choice and expanding summer youth employment programs, and in general “strengthening all neighborhoods.” She didn’t spend much time exploring how past efforts at revitalizing poor black communities have worked out, however.

Amy Stuart Wells, a co-author of one of the Century Foundation’s recent reports, noted that one reason to be optimistic is that millennials have more racially tolerant attitudes. Several audience members I spoke with following the event expressed similar hopes. But according to the data, this doesn’t really seem to be true.

And even if it were true, even if surveys did show that millennials have less racist attitudes than previous generations, it’s likely that school segregation would still persist. Parents rely on racial composition as a signaling tool—those schools with higher concentrations of racial minorities tend to have fewer resources and suffer from more difficult challenges, like concentrated poverty. If parents want to provide their kid with the most opportunity, as most parents do, then even a white family fighting for the Black Lives Matter movement would be unlikely to send their child to a school in the ghetto, if they can avoid it. This is why, as Kimberly Goyette suggested, it’s hard to have integrated schools without integrated neighborhoods.

It’s a great thing to see a renewed national discussion around school integration. In a recent interview, former Education Secretary Arne Duncan admitted he would “give himself a low grade” on school desegregation, and said the country “can and should do more” on that front. Duncan’s successor, John King, has also signaled that he plans to prioritize racial and economic integration more on the federal level. “Research shows that one of the best things we can do for all children—black or white, rich or poor—is give them a chance to attend strong, socioeconomically diverse schools,” King said in a speech last month.

It’ll be interesting to see where this all leads. A few weeks ago I reported on a groundbreaking lawsuit in Minnesota—where lawyers are suing the state for allowing segregated schools to proliferate in the Twin Cities. It’s a controversial case, and one that specifically threatens the existence of publicly funded charter schools that cater to high concentrations of racial and ethnic minorities. It has divided the civil rights community, and sparked debates about segregated schooling in the 21st century, particularly within the era of school choice.

Sixty years after Brown v. Board of Education, our neighborhoods and schools are still deeply segregated; we rarely stop to talk about them, save for widely publicized crises, like the death of Baltimore’s Freddie Gray or the water scandal in Flint, Michigan. So bring on the debates, the reports, the panels, and the national discussion. These are all long, long overdue.

Can Baltimore Recover from Its 2015 Murder Wave?

Originally published in VICE on January 6, 2016.
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For criminal justice activists, 2015 was an exhausting year. After high-profile police brutality incidents captured the public imagination at the tail-end of 2014, America had a new national conversation about racism to contend with. Protesters took to the streets across the country, chanting “Hands up, don’t shoot!” and “I can’t breathe!”; fresh instances of death and pain inflicted by police officers on (mostly) black civilians spread across social media every week; newspapers compiled databases of the number of people killed by cops; presidential candidates were asked to distinguish between “Black Lives Matter” and “All Lives Matter” on nationally-televised debates.

One of the responses to these protests from the law-and-order crowd was to ask if all this campaigning against police brutality was contributing to an increase in crime. This is the so-called “Ferguson Effect,” a theory suggesting that anti-cop rhetoric was creating a climate in which police could no longer effectively do their jobs. It remains a theory—the statistical evidence supporting a rise in crime rates is thin; last month, the Brennan Center for Justice, a public policy and law institute affiliated with New York University, published a report finding crime was roughly the same last year as it had been in 2014 in America’s largest cities.

That report, however, was scant comfort to Baltimore, a city where mistrust between the cops and the people they serve may have created some serious challenges. Charm City saw a per-capita record of 344 homicides in 2015, the highest total since 1993, when the city had 100,000 more people living in it, as the Baltimore Sun reported this month. In April, 25-year-old Freddie Gray died while in police custody, sparking weeks of Baltimore protests and unrest. In five of the eight months following Gray’s death, homicides surpassed 30 or 40 a month. Before the unrest, according to the paper, Baltimore had not witnessed 30 or more homicides in one month since June 2007.

All told, there were some 900 shootings in Baltimore last year, up some 75 percent from 2014—a violent crime spike unparalleled among the 30 largest cities in America, according to the Brennan Center’s analysis. Though Baltimore’s police and political leadership insist they are determined to make last year’s crime statistics an aberration, whether they’re planning to do so through tougher policing in 2016 remains to be seen. And with high-stakes local elections coming up, along with a legislative season where police reform will most certainly be on the table and months of trials left for the six officers charged with the death of Freddie Gray, Baltimore residents are not expecting closure to the unrest any time soon.

Speaking to the Sun, Police Commissioner Kevin Davis recently said he plans to pressure the state legislature to make possession of illegal firearms a felony, rather than a misdemeanor, and for police to hunt down gun traffickers. He also said he’s ramping up recruitment efforts for 200 vacancies in the police force, and trying to coax retired cops to come back to the department. Davis wants to increase street patrols, focus more on residential burglaries, and partner with other city agencies to prevent and solve crime. These priorities reflect some ugly statistics: The BPD’s homicide clearance rate dropped sharply in 2015; police solved only about 30 percent of all cases, and according to theSun, their 2015 clearance rate was less than half the 2014 national average—as well as some 15 percentage points below the BPD’s own average in recent years. Experts suspect that the lack of trust between the police and the community is a major contributing factor behind the low clearance rate. (The Baltimore Police Department did not return repeated requests for comment for this story.)

Peter Moskos, a former Baltimore City Police Officer and professor at John Jay College of Criminal Justice, thinks that until the cops on trial for Freddie Gray’s death are acquitted, the BPD is not going to be able to do its job effectively. “It isn’t that these officers did something bad and got caught. It’s that they did exactly what they were told to do and are being prosecuted for it,” he says. “As long as cops feel like they can get criminally prosecuted for doing their job, you shouldn’t expect cops to be proactively policing.” He adds that winter offers a sort of natural reset button for communities, since crime tends to go down when the temperature drops. “It gives them an opportunity to feel like, OK, we’re starting over,” he says. “But the department is still understaffed and morale is in the tank.”

Tara Huffman, director of Criminal and Juvenile Justice Programs at Baltimore’s Open Society Institute (OSI), says her organization has been working closely with Commissioner Davis and Baltimore’s police to help them identify and reduce discriminatory practices within their department. This would hopefully help to restore some trust between the police and Baltimore residents. OSI will also be providing seed funding for a policing pilot program this year where officers will send people who appear to be suffering from an underlying drug addiction into a community-based treatment center rather than arresting them. The Law Enforcement Assisted Diversion program, (LEAD) was first developed in Seattle, and it helped to keep low-level offenders out of the criminal justice system while also getting them the aid they needed.

When asked whether she thinks the city has responded in a serious enough way to the unrest and its aftermath, Huffman acknowledged that there’s “a lot of talking” going on, including dialogue between people who don’t normally speak to each other. “There is room for progressive ideas and solutions that wouldn’t have gotten the same audience eight months ago,” she told me. “But we’re not seeing the fruit yet. I think we still have a ways to go until we see the fruit.”

The question of whether the city and state will be willing to make serious investments in poor Baltimore communities, a critical factor for reducing gun violence long-term, remains an open one. Just last month, the NAACP Legal Defense and Education Fund filed a federal complaint over the cancellation of a long-planned transit project in Baltimore, which would have primarily benefitted low-income blacks who lack quality transportation options. Maryland Governor Larry Hogan cancelled the project and diverted money to roads and highways elsewhere in the state. The city also massively underfunded its Operation Ceasefire program, a violence-reduction initiative that proved highly successful (if also controversial) in cities like New York. Baltimore’s Operation Ceasefire director resigned last spring in protest, citing insufficient resources and support. In addition, following the Freddie Gray protests, Governor Hogan cut Baltimore City’s public education funding by 3.3 percent.

Yet on Tuesday the governor traveled to West Baltimore to announce a nearly $700 million plan to tear down vacant buildings throughout the city and bring in new development over the next four years.

“I don’t see us policing ourselves out of this crisis. That has never worked before,” says Alex Elkins, a visiting historian at the University of Michigan who studies the police. “We need sustained engagement with hard-hit communities in order to establish a different pipeline, toward civic inclusion rather than banishment to jail and prison. To achieve that, a policy that attacks root causes is essential, ethically and strategically.”

“People are generally angry about a variety of things, and we have a community that makes promises but no real substantive investments,” adds Dayvon Love, co-founder of Leaders of a Beautiful Struggle (LBS), a grassroots organization that advocates for the interests of black people in Baltimore. “This year we’re gonna see a lot more of what we saw in 2015. It won’t be an anomaly. We’ll continue to see a lot of the same.”

City residents are not expecting an end to the unrest any time soon. The six officers on trial for Freddie Gray’s death will take the stand over the next several months; the first officer’s first trial, which ended in a hung jury, has already been rescheduled for June. The pretrial hearing for the second officer, Caesar R. Goodson Jr., began Wednesday. Goodson faces a number of charges, including second-degree depraved heart murder, a crime carrying a maximum 30-year sentence.

On top of the trials, 2016 is set to be an intense year for state and local politics. The state legislative session kicks off in Annapolis next week, and activist leaders will be pressuring legislators to pass police reform measures, like body cameras and changes to the Law Enforcement Bill of Rights—or a list of ways cops can evade scrutiny. On top of that, a new Baltimore mayor and City Council will be elected in November; Huffman thinks the current City Council could turn over more than 50 percent in the next cycle.

Love says he and other activists will continue to pressure leaders to invest directly in the people living in the beleaguered communities—a more effective and sustainable way, he argues, to create safe and thriving neighborhoods.

Elkins agrees. “Anything we try will be expensive—rather, anything that is worth trying ought to be expensive,” he says. “The spike after Gray’s death and the riots does seem anomalous at the same time that it is cause for concern. Yet we shouldn’t be distracted by the dispute over the Ferguson Effect—which essentially asks, who’s to blame? That’s a sideshow to the real issue of economic justice. Because of the way our criminal justice system favors the rich over the poor, we should be trying to empower the poor.”

OSI’s Huffman adds that it remains to be seen whether the powers that be are ready to do what the city needs.

“There’s definitely political will to stop the bleeding, but whether or not there’s a real recognition of what the underlying problems are, I’m not sure,” she says. “The city is still in transition, but we have a lot of opportunities right now to get this right.”

How Baltimore Is Reacting to the Start of the Freddie Gray Trials

Originally published in VICE on December 1, 2015.
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Photo Credit: Rachel M. Cohen

It was cloudy and chilly outside the Mitchell Courthouse in Baltimore on Monday morning at the opening of the trial for William G. Porter, one of the six police officers charged for the April death of 25-year-old Freddie Gray. The other five implicated officers will have their own trials over the next several months; the prosecution reportedly sees Porter as a “material witness” who could be useful against the others. Baltimore State Attorney Marilyn Mosby charged the six officers in May after weeks of protests and riots that upended the city.

The trials begin at a fraught time for the city, as Baltimore has seen a dramatic spike in homicides this year, with 311 murders so far in 2015—100 more than the city saw in all of 2014. Meanwhile, police killings of people of color continue to generate outrage across the country, leaving Baltimore activists to wonder exactly how much they’ve accomplished since Gray’s death and the tumult that followed.

The “Baltimore Uprising”—as local activists call it—began just over a year ago, on November 25, 2014. That’s when protesters gathered downtown to protest Darren Wilson, the white police officer who shot and killed Michael Brown in Ferguson, Missouri, not getting indicted. Local activists recognize that the death of Freddie Gray carries as much significance for the national Black Lives Matter movement as other high-profile killings, and on Saturday, they held their own rally in solidarity with activists in Minneapolis and Chicago.

It’s been challenging for Baltimore activists to keep up their energy and momentum over the past seven months, but residents and public officials are bracing for a new wave of energy as the trials for the officers accused of ending Gray’s life heat up.

“The people from West Baltimore’s poorest communities are still reeling from how the Freddie Gray incident was handled by the powers that be,” says Perry Hopkins, an organizer with Communities United, a local grassroots organization. “The majority want justice, but openly say [that] if officers only get a slap on the wrist, this city had better be prepared to experience another thwack on the hand. They mean it.”

When I asked Hopkins if he thinks that means the community will begin protesting again if the officers are not convicted, he said, “Yes they’ll protest…and in many different fashions.”

A few handfuls of activists convened with signs and banners at the courthouse Monday, where metal barricades blocked off the areas protesters typically use to congregate. Some grew angry at what they felt were attempts by city officials to thwart their First Amendment rights. Still, those within the courtroom could hear protesters’ chants from the street.

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Photo Credit: Rachel M. Cohen

Sharon Black, a leader with the Baltimore People’s Power Assembly, told me that it feels like there’s a great deal of confusion right now, even among some of the most committed activists in town. “We’ve been phone-banking, and our sense is that people are a little bit confused about what’s actually going on,” she said. This makes sense given the complicated legal process, and the fact that the presiding judge imposed a strict gag order last month on the lawyers involved in the case.

“People are sort of saturated with news, and there’s a bit of wearing down in terms of energy,” Black said. “The bigger response from the public may only come after the trials have concluded.”

Legal experts have expressed doubt that the officers will be convicted, and city officials are preparing for the likelihood that residents could revolt if they feel justice isn’t served. Police Commissioner Kevin Davis says his department has spent nearly $2 million on new police riot equipment—including vans, protective gear, shields, and helmets—since the unrest over Gray’s death this spring. Davis replaced the former Baltimore police commissioner, Anthony Batts, and the police department underwent a significant reorganization over the summer.

Mayor Stephanie Rawlings-Blake told the Baltimore Sun that city officials are having “constant conversations and planning sessions” to prepare for, and prevent, potential riots. “Community members certainly don’t want the city to erupt in violence again,” she said. More than 250 businesses were damaged after the April protests, almost 150 vehicles were burned, and roughly 60 buildings were set on fire.

“People in Baltimore still want to see justice for Freddie Gray, that has not changed one bit since April,” said Andre Powell, a protestor who stood outside the courthouse Mondaymorning. “Yes the mood was much more heightened directly after the incidents but people are closely watching what’s going on.”

Porter, the first officer on trial, has been charged with manslaughter, second-degree assault, reckless endangerment, and misconduct in office. Officer Porter reportedly asked Gray if he needed a medic while traveling in the police van, but thought he might be lying to avoid going to jail when Gray said yes. The officer is a 26-year-old Baltimore native who’s been on unpaid leave from the Baltimore Police Department since posting his $350,000 bail earlier this year.

A spokesperson for the Baltimore police union on Monday told VICE they were unavailable to comment on the trial. In general, however, the union has expressed outrage at the indictment of the six officers, and has called on State Attorney Marilyn Mosby to recuse herself from the case. The president of the union, Gene Ryan, called the city’s $6.4 million settlement deal for the family of Gray, approved in September, “obscene.”

On Monday, the court proceedings were focused on selecting a panel of impartial jurors for the case. Porter’s attorneys have argued that finding a truly fair jury will be impossible in Baltimore, and that the trial must be held elsewhere.

There is new evidence to suggest that Marylanders outside of Baltimore hold rather different views on the Gray protests than those who live within the city. A recent pollfound that Baltimore voters are more likely to say that racism and the lack of jobs are the biggest reasons for the unrest after Gray died. Voters across the state, on the other hand, are more prone to saying it was due to residents’ “lack of personal responsibility.” The same poll found that 63 percent of Baltimore voters supported Mosby’s handling of the case, compared to 38 percent of voters statewide.

The presiding judge, Judge Barry G. Williams, a black man who previously prosecuted police misconduct for the federal Justice Department, said he would reconsider moving the trial out of town only after the court makes a serious effort to find a fair crop of jurors within the city. Williams made clear that he thinks it’s important for people to be tried by “their peers.” And trying the officers within the city, many have noted, should help lend the court proceedings greater legitimacy. “One way to ensure that a community accepts a jury’s verdict is for the jury to reflect the entire community’s diversity,” University of Maryland law professor Douglas Colbert told the Sun.

Residents and civil rights leaders will closely monitor the proceedings, and the local NAACP chapter plans to have a court watcher in attendance for the full duration of the trial. A great deal is riding on the outcome of these trials, and for better or for worse, everybody in Baltimore knows it.

 

Baltimore Is Bracing for the Freddie Gray Trials After a Deadly Summer

Originally published in VICE on September 3rd, 2015.
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On Wednesday, a local circuit court judge denied motions to drop the charges against the six officers indicted in the April death of 25-year-old Freddie Gray, and declined to recuse State Attorney Marilyn Mosby from trying the case.

Defense attorneys argue Mosby acted inappropriately when she dramatically announced criminal charges on May 1, but Judge Barry Williams dismissed that argument. He also ruled that each officer should be tried separately.

Next week, another hearing is scheduled to determine whether the trials—set for mid-October—will take place in Baltimore or in another jurisdiction.

The court proceedings come at a fraught time for Charm City. Nationally, the Black Lives Matter movement continues to flex its muscles. Activists held their first national conference in July, have been successfully pressuring presidential candidates to speak more directly about criminal justice reform, and just last week, the Democratic National Convention passed a unanimous resolution in support of the movement.

Locally, Baltimore activists have also continued to organize themselves since the Freddie Gray protests ended in the spring.

Amidst all this, the city has seen sharp increases in homicides over the past several months; 215 had been killed by the end of August, up from 138 at the same time in 2014. Forty-five people were murdered in July alone, the bloodiest month the city has seen since August 1972. Concerns about violence and unrest threaten to derail political momentum around criminal justice reform.

In the days leading up to Wednesday’s hearing, the Baltimore Police Department (BPD) cancelled officer leave in order to ensure that as many police officers as possible would be present throughout the day. Some police showed up in uniform, and others dressed in plainclothes to work undercover. Activist Kwame Rose was arrested in the morning,and one officer suffered minor injuries while assisting with the arrest, but by and large the demonstrations were relatively calm. Baltimore native DeRay Mckesson and Johnetta Elzie, both prominent figures within the national Black Lives Matter movement, attended the demonstration as well.

Speaking at an afternoon press conference, Mayor Stephanie Rawlings-Blake said demonstrators were “peaceful and respectful and an example of democracy in action.”

Peter Moskos, a former Baltimore City Police Officer and professor at John Jay College of Criminal Justice, says he expects the community protests to remain fairly calm in September, but that “the real shit is going to hit the fan” when the court issues its final verdicts for the officers. Charges range from second-degree assault—a misdemeanor—to the rather unusual charge of second-degree depraved heart murder. Moskos does not expect that the cops will be found guilty.

Though the community response is likely to escalate following the October trials, activists say they plan to ramp up protests relatively soon. Duane “Shorty” Davis, an activist with Baltimore BLOC, a local grassroots organization, told the Baltimore Sunthat they’re encouraging people to engage in nonviolent acts of civil disobedience over the next two weeks, particularly in the wealthier and whiter parts of town. “We’re not just going to go in the black community and wave our hands. We’re going to the white communities,” he told the paper.

City politics also remain chaotic. Mosby, who has been cleared to continue working on the Freddie Gray case, will be campaigning and fundraising for her own re-election at the same time. Her husband, Councilman Nick J. Mosby, has also announced that he is “seriously considering” a run for mayor. And in July, Rawlings-Blake fired the city’s police commissioner, Anthony Batts—citing the rising city violence. “We need a change. This was not an easy decision, but it is one that is in the best interest of the people of Baltimore,” she said at the time. The interim police commissioner, Kevin Davis, has been significantly reorganizing the police department over the past two months.

Dayvon Love, the co-founder of Leaders of a Beautiful Struggle, an organization that advocates for the interests of black people in Baltimore, tells VICE that he anticipates “a plethora of politicians and organizations” will try and use the Freddie Gray trials as a way to advance their own personal careers. “So that sucks,” he says. In the meantime, his group will continue to push for reforms to the police union contract, which they were doing well before Gray’s death. Specifically they have been focusing on changing the Law Enforcement Officers Bill of Rights, (LEOBR), which they see as a significant barrier to transparency and accountability. Other groups, including the NAACP and the ACLU of Maryland, have rallied for similar changes.

The police union, the Fraternal Order of Police, strongly opposes changes to LEOBR and worked hard to fight proposed reforms this past legislative season.

In the face of all the political maneuvering, the city’s activists will be waiting on the verdicts to determine whether justice has been served in a case being watched closely by reformers around the country.

The Growing Movement to Restore Voting Rights to Former Felons

Originally published in The American Prospect on August 7th 2015.
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Rachel M. cohen

SEIU 1199 

Rachel M. Cohen

       

On August 6, the 50th anniversary of the Voting Rights Act, dozens of Baltimore ex-felons rallied and marched alongside community members to protest their disenfranchisement. In May, Maryland Governor Larry Hogan vetoed a bill which would have granted ex-felons the right to vote when they return home from prison, rather than making them wait until after their probation and parole sentences have been completed (some sentences can last for decades). Holding up signs that read, “We Want Taxation with Representation!” and “End the New Jim Crow!” protestors made clear that they understand the racial implications of the status quo. Had Hogan signed the bill into law, 40,000 more Maryland residents—a majority of them black Baltimoreans—would have been able to cast a ballot in the next election. “Override! Override! The veto! The veto!” protestors shouted together as they marched down the street.

The crowd, well over 100 people, eventually gathered around a statue of Thurgood Marshall, not far from Baltimore’s Inner Harbor. “We picked that spot because he’s one of the greatest symbols of justice and fairness,” explained Perry Hopkins, an ex-felon who now works as an organizer with Communities United, the social justice group that planned Thursday’s rally. Fifty-four-year-old Hopkins has never voted.

While Baltimore has made national headlines this year for its police brutality scandals and its spiking murder count, the gathered crowd recognized that these issues cannot be separated from the societal exclusion African-Americans experience every day.

One woman who came to the rally was Robinette Barmer, who has had two children and one grandchild locked up in jail. Barmer has been fighting for ex-felon voting rights all year, and traveled to Annapolis last spring to push for the bill’s passage. “I try to tell ex-cons that their voices do still matter,” she said.

Greg Carpenter, a 62-year-old black man who served 20 years in prison for an armed robbery, also has a 20-year parole sentence. Although Carpenter has been out of jail for 12 years now, he worries he won’t ever get to vote again in his lifetime.

Governor Hogan said that requiring ex-felons to finish their parole and probation sentences before voting “achieves the proper balance” between repaying one’s obligations to society and restoring citizens’ rights. Ex-felons point out that they are both working and paying taxes within their communities, and thus should also have the right to vote.

Social science research suggests that removing voting restrictions would provide positive benefits to both ex-offenders and society at large. The American Probation and Parole Association also says there is no credible evidence to suggest that disenfranchising people who have returned home from prison serves any legitimate law enforcement purpose.

According to the Sentencing Project, a criminal justice advocacy group, there are roughly 5.85 million disenfranchised American citizens with felony convictions, and 2.2 million of them are black. That’s one out of every 13 African-Americans.

The Voting Rights Act was passed in 1965 to end discriminatory voting barriers but the courts have disagreed on whether the VRA should apply to felon disenfranchisement laws. Maryland activists aren’t waiting around for the courts, though. At Thursday’s rally, organizers prepped the crowd for next year’s legislative season where they hope to push for an override. “We need you to show up and come out with us to Annapolis,” said Nicole Hanson, an ex-offender who works with Out4Justice, a group that politically mobilizes ex-offenders. “There’s only 90 days of [the legislative] session, so we’ll need you to make some sacrifices.”

Eighteen states considered loosening ex-felon voting restrictions this year, up from 13 states in 2014. But passing legislation, as Maryland activists witnessed first hand, is difficult. Only one state—Wyoming—ended up successfully loosening its restrictions.

Still, there has been demonstrable progress. The Sentencing Project estimates that nearly 800,000 citizens have regained the right to vote through voting reforms enacted between 1997 and 2010. Last month, President Obama even said that, “If folks have served their time, and they’ve reentered society, they should be able to vote.”

“This is a very peaceful rally, but this issue is personal,” Hopkins said in an interview. “We’re going to flip power, and we’re going to empower. We’re going to show the governor who’s the boss. We’re the boss! We’re the people.”

Rachel M. Cohen

Perry Hopkins at the podium                   

Why Don’t Settlements Over Brutality Come Out of Police Budgets?

Originally published in The American Prospect on July 16, 2015.
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On July 17, 2014, New York City police officers choked Eric Garner, a black man in Staten Island, to death. This week, nearly one year later, the city announced that it would pay the Garner family $5.9 million to settle their wrongful-death claim.

“Financial compensation is certainly not everything, and it can’t bring Mr. Garner back. But it is our way of creating balance and giving a family a certain closure,” said the comptroller, Scott M. Stringer to The New York Times.

Families of police brutality victims deserve to be compensated, no doubt. A different question, however, is should police departments be required to pay for their misconduct too?

As I’ve written previously, these steep police brutality payments rarely come from the police department budgets. Rather, cities pay for them through their general coffers or their city insurance plan.

The NYPD has a budget of over $4 billion. Even if the police department wasn’t expected to bear 100 percent of the liability, what if they were asked to pay a share—say 25 percent—of the settlement costs? Having a cut to their budget for misbehavior could motivate senior police officials to be more responsive to police misconduct and lead departmental reforms.

“That’s why these enormous financial penalties do not seem to actually impact what police do,” David Harris, a law professor at the University of Pittsburgh who specializes in criminal justice issues, told me in September. “Conceivably, if cities didn’t want this to happen, they could say this will come out of your [police] budget.”

The $5.9 million for Eric Garner’s family will come from a general New York City fund made up of local taxes, fees, fines, and tickets. (No state and federal money will be used.) Taxpayer dollars also finance the NYPD—so either way the taxpayer will be footing the bill—but still, as it stands, the NYPD’s budget is left untouched.

According to data from the New York City Comptroller’s Bureau of Law and Adjustment (BLA), in fiscal year 2012, New York City paid out $485.9 million personal injury and property damage tort settlements and judgments. The largest portion of that came from claims filed against the NYPD—$151.9 million in total. According to their report, “tort claims against the NYPD include, but are not limited to, allegations of police misconduct, civil rights violations, and personal injury and/or property damage arising out of motor vehicle accidents involving police vehicles.”

The question of “who pays” matters particularly as the number of tort claims has trended upward between 2008 and 2012. According to the data, the proportion of new NYPD tort claims rose from 25 percent in 2008 to 36 percent in 2012.

As Doug Turetsky, the Chief of Staff at the New York City Independent Budget Office pointed out, the police department’s budget has also grown significantly since the 1980s.

“It’s a strange sociological story,” muses Columbia sociologist Herbert Gans. “On the one hand we allow the police to beat up victims and on the other hand we pay the victims large sums of money. There are no other occupations I can think of where people would not get punished. If I as a professor cost Columbia University $100,000—maybe even $50,000—they would have fired me. How expensive do police mistakes have to be?”

Though the public may likely protest any huge cutback in police funding, the city council and mayor could always decide to restore funding, if necessary. This would at least help to create a better system of incentives. If police departments felt they had something to lose, then maybe fewer Eric Garners would die needlessly.