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Endangering the Public through “social Justice” Part 2

Judge John H. Wilson (ret.) provided this exclusive article to the New York Analysis of Policy and Government.

While running for Mayor of New York, Bill DeBlasio promised to curtail “Stop and Frisk.”  Though the practice was being deployed less often even before Judge Scheindlin’s ruling, DeBlasio claims to have “changed it intensely.”     According to the ACLU,  “under current-Mayor Bill de Blasio, the NYPD reported 11,629 stops, a 98 percent decrease from 2011.” 

With the decline of “Stop and Frisk” came the repudiation of the “Broken Windows” theory.  “The consensus across the literature is that the relationships proposed by the broken windows theory are untrue,” writes Dan O’Brien in the Daily News.  “Disorder in a neighborhood does not in fact lead to people living there being more likely to commit crimes, either violent or not. Neither does it cause residents to express a greater fear of crime or less attachment to their neighborhood.”  Mr. O’Brien goes on to describe his more enlightened theory, which states that “aggressive tactics create antagonistic relationships between police and the communities they serve. Likewise, we’ve come to understand that efforts to police the precursors of crime as much as crime itself leads to racial profiling…prompted by an activist City Council, the NYPD has partially relaxed its approach in recent years, moving away from criminal consequences and instead issuing civil tickets for many infractions.” 

But are these recent theories true?  In fact, it appears that most critics of the “Broken Windows” policing method continue to confuse Wilson and Kelling’s theory with the practice of “Stop and Frisk.”

Those who live in cities where the new, activist view of policing has been accepted are living with the results.  In New York State, before the coronavirus pandemic occurred, a No-Bail policy was instituted early this year.  Under this law, judges must release those accused of crimes under the least restrictive bond conditions.  It is too soon to see the full effect of this change, but early indicators are that crime is on the rise – according to the New York Post, “there were 16,343 major crimes reported in the first two months of 2020, compared to 13,648 over the same period in 2019 — for an increase of 2,695.”  https://nypost.com/2020/03/05/bail-reform-a-significant-reason-for-crime-spike-nypd-says/

Since the pandemic, leftist activists have taken their opportunity to correct more of the “disparities” they perceive to be inherent in the criminal justice system.  Not satisfied with having the majority of those accused of crimes released, a concerted effort is now being made to release the few who are still incarcerated.  Quoting the New York Post once more, “The Legal Aid Society and Bronx Defenders have been petitioning courts in the five boroughs since the outbreak of the coronavirus, arguing that inmates, particularly those who are older or have medical conditions, are more vulnerable to COVID-19 inside the confines of city jails.”  The result?  “At least 50 of the 1,500 inmates cut loose amid fears of the spread of COVID-19 behind bars in recent weeks have already landed back in jail — and in some cases were set free yet again, according to police sources and records.”  

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50 out of 1500 may not sound like a lot – but those released were accused of violent crimes, committed after they had been arrested and incarcerated for other violent crimes. One inmate “initially jailed for allegedly setting his girlfriend’s door on fire and choking her mother…was released early only to return to the Bronx apartment and allegedly threaten to kill the whole family.  Another prisoner who is accused of assaulting a Department of Homeless services officer and was later set free was arrested for punching an agency sergeant just two days after his release, records show.” 

California, which has similar “No-bail” laws to those in New York, has instituted a zero-cash bail emergency mandate during the pandemic.  This has led to instances where a felon was arrested twice in five days for stealing cars and another man was arrested three times in one day.  Both were given citations and released after each arrest.

Does this level of disorder lead to the destabilization of a neighborhood where these crimes occur, sometimes two or three times in a short period of time by the same individual?  Would the residents of such a neighborhood have a greater fear of crime?  Would those same residents like to see a more aggressive enforcement approach from their local police force?

Maybe its time to reevaluate the criticism that’s been heaped on the “Broken Windows” theory, and return to a policy that stops crime in its infancy, before a criminal feels comfortable enough to ignore the police, and continue his criminal activity undeterred by arrest and incarceration.

 Photo: Pixabay

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Quick Analysis

Endangering the Public through “social Justice”

Judge John H. Wilson (ret.) provided this exclusive article to the New York Analysis of Policy and Government.

In 1982, social scientists James Q Wilson and George L. Kelling wrote an article for The Atlantic called simply “Broken Windows,” in which the two detailed the efforts of the Newark Police Department to reinstitute foot patrols in some of the worst neighborhoods of that city.  The theory was explained this way: “disorder and crime are usually inextricably linked…if a window in a building is broken and is left unrepaired, all the rest of the windows will soon be broken. This is as true in nice neighborhoods as in rundown ones…one unrepaired broken window is a signal that no one cares, and so breaking more windows costs nothing.” 

In 1993, when Rudolph Giuliani was elected Mayor of New York City, he nominated Transit Police Chief William Bratton to be Commissioner of the NYPD.  Bratton, who had been influenced by Kelling, wasted no time in putting the “Broken Windows” theory into practice.  Uniformed police officers were returned to foot posts across the city; citations for minor crimes were issued more often, and many people were taken into custody for minor offenses like selling loose cigarettes or smoking a marijuana cigarette.

As this enforcement effort continued, the result was obvious.  In 1990, New York recorded 2,605 murders.  By 1999, that number had dropped to 903.  Reported robberies went from 112,380 in 1990 to 43,821 in 1999.  Overall, violent crime was reduced from 212,458 to 107,147 during that same time period. 

While the overall policy of “Broken Windows” was in practice, specific programs were put into practice under its broad umbrella, one of which was “Stop, Question and Frisk,” which came to be called “Stop and Frisk.”  As described by George L. Kelling and William Bratton in 2015, Stop, Question and Frisk was “based on reasonable suspicion that a crime has occurred, is occurring, or is about to occur. An officer observes someone, say, going from car to car looking into the windows. Exercising discretion, the officer decides whether to stop the person for questioning. If he suspects that the subject is armed and dangerous, he may frisk him by conducting a pat-down of his outer clothing. If the officer detects an object that may be a weapon, he may reach into the subject’s pocket.” 

As reasonable as this policy may sound on paper, Kelling and Bratton admitted that the practice grew to become a problem.  “Stops reached a peak of nearly 700,000 per year in 2011. A large percentage of those stopped were minorities, and critics and plaintiffs in federal court proceedings questioned whether all these stops could have been based on reasonable suspicion, especially when only 6 percent resulted in arrests.”

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It did not matter that the majority of criminal activity occurred in minority neighborhoods, and that the majority of crime victims were minorities  – social justice warriors and other advocates had the weapon they needed to reverse the policies of the Giuliani Administration.  In 2008, the Center for Constitutional Rights filed Floyd v. City of New York, “to challenge the New York Police Department’s practices of racial profiling and unconstitutional stop and frisks of New York City residents.” The result of this litigation?  “On August 12, 2013, following a nine-week trial, (federal judge Shira Scheindlin) found the New York City Police Department liable for a pattern and practice of racial profiling and unconstitutional stops.”  .

In her opinion, Judge Scheindlin put a knife through the heart of “Stop, Question and Frisk” – “Those who are routinely subjected to stops are overwhelmingly people of color, and they are justifiably troubled to be singled out when many of them have done nothing to attract the unwanted attention. Some plaintiffs testified that stops make them feel unwelcome in some parts of the City, and distrustful of the police. This alienation cannot be good for the police, the community, or its leaders. Fostering trust and confidence between the police and the community would be an improvement for everyone.” 

She also appointed a federal monitor, who to this day, continues to issue status reports on the NYPD’s efforts to engage in a “joint reform process.”

The Report concludes tomorrow

Photo: Pixabay

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“Social Justice” and the Social Contract

In Ferguson, Missouri, martial law has been declared in the wake of unrest following the shooting death of a black male by a white police officer. The person shot has been implicated in a recent robbery. Before any of the facts could be ascertained, rioting ensued and racial arsonists from across the nation descended on the town.

The battle cry of those who seek to politically gain from incidents such as this is “No Justice, No Peace.” Those chanting it don’t want justice via the rule of law to prevail.  It has come to mean a demand for instantaneous, preconceived punishment, regardless of the facts and the truth as determined by law enforcement, Judges and juries.

We are seeing this now in Ferguson, where the Governor has declared martial law, and to a lesser extent recently in Staten Island, New York, where an individual died following an apparently resisted arrest.  In each instance the individuals died after encounters with a white cop.  Both of the deceased were breaking the law albeit in minor ways.

That these two ended up dead is a tragedy.  That both situations were seized upon by racial arsonists and criminals determined to exploit the racial anger and chaos are also tragedies. Individuals such as Al Sharpton have made a career out of exploiting racial tensions.

These agitators for personal gain ignore black on black crime in places like NYC and Chicago and wait in the tree line for “unequal power” events which end with the death of a black “victim,” as defined by them.

“Victimhood,” with all its waivers for personal responsibility, actions and behavior is what people like Al Sharpton sell like a drug.
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The politics of “victimhood” has resulted in double standards throughout American life and the predictable and resultant fraying of the social contract.  “Victimhood” has also been grafted onto certain groups thereby resulting in knee jerk reactions when bad things happen.

America is a nation of laws that protect individual rights.  No person and no group is supposed to be exempt.  Yet that is exactly what far too many of those who exploit “victims” who break the law want.  Non designated victims don’t have a prayer of getting public sympathy for this position because the prevailing progressive ethos does not allow that to happen.

“Victimhood” must be retained only for those who can be used to help bring down the “system” as extreme leftists Cloward and Piven would have it.  So it is reserved for blacks, Muslims, gays, illegals and others extremists wish to characterize as outside the mainstream.  Those they can’t portray as outsiders just don’t count.  Those promoting “victimhood” want chaos because chaos obliterates the social contract and leaves them in charge.

Ferguson, Missouri is currently ground zero for “Social Justice” where first amendment rights and law and order are being attacked in pursuit of Saul Alinsky’s dream of overthrowing an America ruled by laws respecting individual rights.

Ferguson, Missouri  is also social justice progressivism at its finest or at its worst depending on from which side you are viewing it.  It is where this President who was supposed to end racial strife and his allies has taken us in their fundamental transformation of America. Ironically, because this White House has been so eager to add fuel to the fire of racial tensions, Al Sharpton is really not needed anymore.

This article was written by Larry Allison.