justice

Deep Racial Divide in Perceptions of Police and Reported Experiences, No Group Is Anti-Cop

In the wake of the mistrial of police officer Michael Slager accused of shooting and killing unarmed Walter Scott as he ran away, a new Cato Institute/YouGov survey of public attitudes toward the police finds a 38-point gap between white and black Americans’ perception that police are too quick to resort to deadly force.

Nearly three-fourths (73%) of African Americans and 54% of Hispanics believe the police are “too quick to use deadly force,” compared to 35% of white Americans. Instead, 65% of white Americans believe police resort to lethal force “only when necessary.” 

When it comes to police tactics overall, black Americans (56%) are more likely to think they are “too harsh” compared to white (26%) and Hispanic (33%) Americans. Majorities of whites (67%) and Hispanics (58%) believe police generally use the right amount of force for each situation.

Find the full public opinion report here.

Is the Justice System Impartial? 

Only 17% of African Americans believe the criminal justice system treats all Americans equally and only 31% are highly confident their local police department treats all racial groups impartially. Whites are 32 points more likely to believe the justice system treats everyone equally (49%) and a solid majority (64%) are confident their local police are impartial. Hispanics fall in between with 27% who think the justice system and 42% who believe their local police treat everyone the same. Among all Americans, only 42% think all are treated equally by the justice system but 56% are highly confident their local police department treats everyone equally. 

Are Police Trustworthy and Held Accountable?

Strikingly high numbers of whites (46%), blacks (61%), and Hispanics (61%) think that “most” police officers “think they are above the law.” Overall, nearly half (49%) of all Americans worry that police think the law doesn’t entirely apply to them. 

Nearly two thirds (64%) of black Americans and a majority (51%) of Hispanic Americans believe police are “generally” not held accountable for misconduct when it occurs. This is 21 points higher than the 43% of white Americans who also share this view. Instead, a majority (57%) of whites think police are generally brought to account. 

Are Police Effective?

African Americans (41%) and Hispanics (41%) are twice as likely as white Americans (29%) to say they are “extremely” or “very” worried about crime. Furthermore black Americans (41%) are more than twice as likely as whites (17%) or Hispanics (15%) to say they know someone who was murdered.

Despite more salient fears over safety, only 44% of African Americans are highly confident their local police department responds quickly to a call for help. White Americans are 15 points more confident (59%) in their local police to come quickly if needed.  In a similar pattern, white Americans are about 20 points more likely than black Americans to give their local police high marks for protecting them from crime (60% vs. 38%) and enforcing the law (64% vs. 44%). Hispanics fall in between with about half who give their police high marks for enforcing the law, protecting them from crime, and responding promptly.

Do the Police Care About You?

Only 37% of African Americans are highly confident their local police department cares about the people they serve. White Americans (59%) are far more confident that their local police cares. A little less than half of Hispanic Americans (47%) agree.

Are the Police Courteous?

White Americans (62%) are 19 points more likely than African Americans (43%) and 13 points more likely than Hispanic Americans (49%) to rate their local police departments highly for being courteous.

White, Hispanic, and Black Americans Report Different Experiences with Police

Most Americans have personally had positive experiences with the police but those who have experienced verbal and physical misconduct are disproportionately black and Hispanic.

African Americans are nearly twice as likely as whites to say a police officer swore at them. About a quarter of African Americans (26%) and Hispanics (22%) report a police officer personally using abusive language or profanity with them compared to 15% of white Americans. The study also found some evidence that suggests whites who are highly deferential toward the police are less likely to report experiences with police profanity, whereas blacks and Latinos who are highly deferential do not report similarly improved treatment. [1] 

African Americans are about twice as likely as white Americans to know someone physically abused by police. Thirty-nine percent (39%) of African Americans know someone who has been physically mistreated by the police, as do 18% of whites and 27% of Hispanics.

Higher-income African Americans report being stopped at about 1.5 times the rate of higher-income white Americans. In contrast, lower income African Americans report being stopped only slightly more frequently than lower income white Americans.

African Americans (50%) are also about 30 points less likely than whites (70%) and Latinos (66%) to report being satisfied with their personal police encounters over the past 5 years.

Favorability Gap Toward Police Has Changed Little Over Past 50 Years

Taking these results together, it comes as little surprise that there is a wide racial gap in favorability toward the police.  Only 40% of black Americans have a favorable view compared to 68% of white Americans. Hispanic Americans fall in between with 59% who share a positive view of the police.

What is particularly surprising, however, is that these numbers haven’t changed much since 1970 when 67% of white Americans and 43% of African Americans had a favorable view of the police—nearly identical to today’s numbers.[2] 

New Policy On White Collar Prosecution Risks Scapegoating

Last week, the Department of Justice announced a new policy regarding its approach to corporate criminal investigations.  Instead of focusing first on the company and, having resolved that portion of the investigation, turning to the task of identifying potential individual criminal suspects, prosecutors are now directed to build their cases against individual wrong doers from the start.  Media coverage of this policy statement has focused on criticism levied against the administration for being too soft on Wall Street and too cozy with corporate donors.  The New York Times trotted out the old complaint that no one went to jail in the wake of the financial crisis (even though, to my knowledge, no one has ever identified a criminal law the violation of which caused any part of the crisis).  While the administration’s rhetoric about equal justice before the law is admirable, the policy memo and its surrounding coverage have a distressing whiff of scapegoating about them. 

State Secrets, Courts, and NSA’s Illegal Wiretapping

As Tim Lynch notes, Judge Vaughn Walker has ruled in favor of the now-defunct Al-Haramain Islamic Foundation—unique among the many litigants who have tried to challenge the Bush-era program of warrantless wiretapping by the National Security Agency because they actually had evidence, in the form of a document accidentally delivered to foundation lawyers by the government itself, that their personnel had been targeted for eavesdropping.

Wars, Crimes, and Underpants Bombers

I’ve been meaning to follow up on Gene Healy’s post from last week on the interrogation and prosecution of terror suspects.  I share Gene’s bemusement at the howls emanating from Republicans who have abruptly decided that George Bush’s longstanding policy of dealing with terrorism cases through the criminal justice system is unacceptable with a Democrat in the White House.  But I also think it’s worth stressing that the arguments being offered – both in the specific

Are You a Criminal? Maybe You Are and Don’t Know It

Yesterday, Michael Dreeben, the attorney representing the U.S. government, tried to defend the controversial “honest services” statute from a constitutional challenge in front of the Supreme Court.  When Dreeben informed the Court that the feds have essentially criminalized any ethical lapse in the workplace, Justice Breyer exclaimed,

[T]here are 150 million workers in the United States.  I think possibly 140 [million] of them flunk your test.

‘Reefer Sanity’

Kathleen Parker in the Washington Post:

Arguments for and against decriminalization of some or all drugs are familiar by now. Distilled to the basics, the drug war has empowered criminals while criminalizing otherwise law-abiding citizens and wasted billions that could have been better spent on education and rehabilitation.

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