driving while black

driving while black - 1 Driving While Black: A Statistician...

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1 Driving While Black: A Statistician Proves That Prejudice Still Rules the Road By John Lamberth In 1993, I was contacted by attorneys whose clients had been arrested on the New Jersey Turnpike for possession of drugs. They told me they had come across 25 African American defendants over a three-year period all arrested on the same stretch of turnpike in Gloucester County, but not a single white defendant. I was asked whether, and how much, this pattern reflected unfair treatment of blacks. They wanted to know what a professional statistician would make of these numbers. What were the probabilities that this pattern could occur naturally, that is, by chance? Since arrests for drug offenses occurred after traffic stops on the highway, was it possible that so many blacks were arrested because the police were disproportionately stopping them? I decided to try to answer their questions and embarked on one of the most intriguing statistical studies of my career: a census of traffic and traffic violators by race on Interstate 95 in New Jersey. It would require a careful design, teams of researchers with binoculars and a rolling survey. To relieve your suspense, the answer was that the rate at which blacks were stopped was greatly disproportionate to their numbers on the road and to their propensity to violate traffic laws. Those findings were central to a March 1996 ruling by Judge Robert E. Francis of the Superior Court of New Jersey that the state police were de facto targeting blacks, in violation of their rights under the U.S. and New Jersey constitutions. The judge suppressed the evidence gathered in the stops. New Jersey is now appealing the case. The New Jersey litigation is part of a broad attack in a number of states, including Maryland, on what has been dubbed the offense of "DWB"---driving while black. While this problem has been familiar anecdotally to African Americans and civil rights advocates for years, there is now evidence that highway patrols are singling out blacks for stops on the illegal and incorrect theory that the practice, known as racial profiling, is the most likely to yield drug arrests. Statistical techniques are proving extremely helpful in proving targeting, just as they have been in proving systemic discrimination in employment. This was not my first contact with the disparate treatment of blacks in the criminal justice system. My academic research over the past 25 years had led me from an interest in small group decision-making to jury selection, jury composition and the application of the death penalty. I became aware that blacks were disproportionately charged with crimes, particularly serious ones; that they were underrepresented on jury panels and thus on juries, and that they were sentenced to death at a much greater rate than their numbers could justify.
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2 As I began the New Jersey study, I knew from experience that any research that questioned police procedures was sensitive. I knew that what I did must stand the test of a
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This note was uploaded on 06/28/2009 for the course SOC 31540 taught by Professor Kalynalesyna during the Spring '08 term at Palomar.

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driving while black - 1 Driving While Black: A Statistician...

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