FC: DOJ, ACLU relied on junk science: N.J. racial profiling a myth?

From: Declan McCullagh (declanat_private)
Date: Wed Apr 03 2002 - 20:19:26 PST

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    [Via http://www.center-right.org/ --Declan]
    
    
    ========================================================
    
    Also, please note that there's a response to this article by James Taranto at
    http://www.opinionjournal.com/best/?id=105001836, a rebuttal by Heather 
    MacDonald at http://city-journal.org/html/eon_3_29_02hm.html, and an 
    earlier and more comprehensive article about profiling by Heather MacDonald at
    http://www.city-journal.org/html/11_2_the_myth.html
    
    
    
    "The Racial Profiling Myth Debunked,"
    
    by Heather MacDonald, Manhattan Institute,
    
    from City Journal, http://city-journal.org
    
    New data show City Journal was right -- there's no credible evidence that 
    racial profiling exists.
    
    
    
    The anti-racial profiling juggernaut has finally met its nemesis: the 
    truth.  According to a new study, black drivers on the New Jersey Turnpike 
    are twice as likely to speed as white drivers, and are even more dominant 
    among drivers breaking 90 miles per hour.
    
    This finding demolishes the myth of racial profiling.  Precisely for that 
    reason, the Bush Justice Department tried to bury the report so the 
    profiling juggernaut could continue its destructive campaign against law 
    enforcement.  What happens next will show whether the politics of racial 
    victimization now trump all other national concerns.
    
    Until now, the anti-police crusade that travels under the banner of "ending 
    racial profiling" has traded on ignorance.  Its spokesmen went around the 
    country charging that the police were stopping "too many" minorities for 
    traffic infractions or more serious violations.  The reason, explained the 
    anti-cop crowd, was that the police were racist.
    
    They can argue that no more.  The new turnpike study, commissioned by the 
    New Jersey attorney general, solves one of the most vexing problems in 
    racial profiling analysis: establishing a violator benchmark.  To show that 
    the police are stopping "too many" members of a group, you need to know, at 
    a minimum, the rate of lawbreaking among that group -- the so-called 
    violator benchmark.
    
    Only if the rate of stops or arrests greatly exceeds the rate of criminal 
    behavior should our suspicions be raised (see "The Myth of Racial 
    Profiling," Spring 2001).  But most of the studies that the ACLU and 
    defense attorneys have proffered to show biased behavior by the police only 
    used crude population measures as the benchmark for comparing police 
    activity -- arguing, say, that if 24 percent of speeding stops on a 
    particular stretch of highway were of black drivers, in a city or state 
    where blacks make up 19 percent of the population, the police are 
    over-stopping blacks.
    
    Such an analysis is clearly specious, since it fails to say what percentage 
    of speeders are black, but the data required to rebut it were not 
    available.  Matthew Zingraff, a criminologist at North Carolina State 
    University, explains why: "Everybody was terrified.  Good statisticians 
    were throwing up their hands and saying, 'This is one battle you'll never 
    win.  I don't want to be called a racist.'"
    
    Even to suggest studying the driving behavior of different racial groups 
    was to demonstrate one's bigotry, as Zingraff himself discovered when he 
    proposed such research in North Carolina and promptly came under 
    attack.  Such investigations violate the reigning fiction in anti-racial 
    profiling rhetoric: that all groups commit crime and other infractions at 
    equal rates.  It follows from this central fiction that any differences in 
    the rate at which the police interact with certain citizens result only 
    from police bias, not from differences in citizen behavior.
    
    Despite the glaring flaws in every racial profiling study heretofore 
    available, the press and the politicians jumped on the anti-profiling 
    bandwagon.  How could they lose?  They showed their racial sensitivity, 
    and, as for defaming the police without evidence, well, you don't have to 
    worry that the New York Times will be on your case if you do.
    
    No institution made more destructive use of racial profiling junk science 
    than the Clinton Justice Department.  Armed with the shoddy studies, it 
    slapped costly consent decrees on police departments across the country, 
    requiring them to monitor their officers' every interaction with 
    minorities, among other managerial intrusions.
    
    No consent decree was more precious to the anti-police agenda than the one 
    slapped on New Jersey.  In 1999, then-governor Christine Todd Whitman had 
    declared her state's highway troopers guilty of racial profiling, based on 
    a study of consent searches that would earn an F in a freshmen statistics 
    class.  (In a highway consent search, an officer asks a driver for 
    permission to search his car, usually for drugs or weapons.)
    
    The study, executed by the New Jersey attorney general, lacked crucial 
    swathes of data on stops, searches, and arrests, and compensated for the 
    lack by mixing data from wildly different time periods.  Most fatally, the 
    attorney general's study lacked any benchmark of the rate at which 
    different racial groups transport illegal drugs on the turnpike.  Its 
    conclusion that the New Jersey state troopers were searching "too many" 
    blacks for drugs was therefore meaningless.
    
    Hey, no problem!, exclaimed the Clinton Justice Department.  Here's your 
    consent decree and high-priced federal monitor; we'll expect a lengthy 
    report every three months on your progress in combating your officers' bigotry.
    
    Universally decried as racists, New Jersey's troopers started shunning 
    discretionary law-enforcement activity.  Consent searches on the turnpike, 
    which totaled 440 in 1999, the year that the anti-racial profiling campaign 
    got in full swing, dropped to an astoundingly low 11 in the six months that 
    ended October 31, 2001.
    
    At the height of the drug war in 1988, the troopers filed 7,400 drug 
    charges from the turnpike, most of those from consent searches; in 2000, 
    they filed 370 drug charges, a number that doubtless has been steadily 
    dropping since then.  It is unlikely that drug trafficking has dropped on 
    New Jersey's main highway by anything like these percentages.
    
    "There's a tremendous demoralizing effect of being guilty until proven 
    innocent," explains trooper union vice president Dave Jones.  "Anyone you 
    interact with can claim you've made a race-based stop, and you spend years 
    defending yourself."  Arrests by state troopers have also been plummeting 
    since the Whitman-Justice Department racial profiling declaration.
    
    Not surprisingly, murder jumped 65 percent in Newark, a major destination 
    of drug traffickers, between 2000 and 2001.  In an eerie replay of the 
    eighties' drug battles, Camden is considering inviting the state police 
    back to fight its homicidal drug gangs.
    
    But one thing did not change after the much-publicized consent decree: the 
    proportion of blacks stopped on the turnpike for speeding continued to 
    exceed their proportion in the driving population.  Man, those troopers 
    must be either really dumb or really racist!, thought most observers, 
    including the New Jersey attorney general, who accused the troopers of 
    persistent profiling.
    
    Faced with constant calumny for their stop rates, the New Jersey troopers 
    asked the attorney general to do the unthinkable: study speeding behavior 
    on the turnpike.  If it turned out that all groups drive the same, as the 
    reigning racial profiling myths hold, then the troopers would accept the 
    consequences.
    
    Well, we now know that the troopers were neither dumb nor racist; they were 
    merely doing their jobs.  According to the study commissioned by the New 
    Jersey attorney general and leaked first to the New York Times and then to 
    the Web, blacks make up 16 percent of the drivers on the turnpike, and 25 
    percent of the speeders in the 65-mile-per-hour zones, where profiling 
    complaints are most common.  (The study counted only those going more than 
    15 miles per hour over the speed limit as speeders.)  Black drivers speed 
    twice as much as white drivers, and speed at reckless levels even 
    more.  Blacks are actually stopped less than their speeding behavior would 
    predict -- they are 23 percent of those stopped.
    
    The devastation wrought by this study to the anti-police agenda is 
    catastrophic.  The medieval Vatican could not have been more threatened had 
    Galileo offered photographic proof of the solar system.  It turns out that 
    the police stop blacks more for speeding because they speed more.  Race has 
    nothing to do with it.
    
    This is not a politically acceptable result.  And the researchers who 
    conducted the study knew it.  Anticipating a huge backlash should they go 
    public with their findings, they checked and rechecked their data.  But the 
    results always came out the same.
    
    Being scientists, not politicians, they prepared to publish their study 
    this past January, come what may.  Not so fast!, commanded the now-Bush 
    Justice Department.  We have a few questions for you.  And the Bush DOJ, 
    manned by the same attorneys who had so eagerly snapped up the laughable 
    New Jersey racial profiling report in 1999, proceeded to pelt the speeding 
    researchers with a series of increasingly desperate objections.
    
    The elegant study, designed by the Public Service Research Institute in 
    Maryland, had taken photos with high-speed camera equipment and a radar gun 
    of nearly 40,000 drivers on the turnpike.  The researchers then showed the 
    photos to a team of three evaluators, who identified the race of the 
    driver.  The evaluators had no idea if the drivers in the photos had been 
    speeding.  The photos were then correlated with speeds.
    
    The driver identifications are not reliable!, whined the Justice 
    Department.  The researchers had established a driver's race by agreement 
    among two of the three evaluators.  So in response to DOJ's complaint, the 
    researchers reran their analysis, using only photos about which the 
    evaluators had reached unanimous agreement.  The speeding ratios came out 
    identically to before.
    
    The data are incomplete!, shouted the Justice Department next.  About one 
    third of the photos had been unreadable, because of windshield glare that 
    interfered with the camera, or the driver's position.  Aha!, said the 
    federal attorneys.  Those unused photos would change your results!  But 
    that is a strained argument.  The only way that the 12,000 or so unreadable 
    photos would change the study's results would be if windshield glare or a 
    seating position that obstructed the camera disproportionately affected one 
    racial group.  Clearly, they do not.
    
    Nevertheless, DOJ tried to block the release of the report until its 
    objections were answered.  "Based on the questions we have identified, it 
    may well be that the results reported in the draft report are wrong or 
    unreliable," portentously wrote Mark Posner, a Justice lawyer held over 
    from the Clinton era.
    
    DOJ's newfound zeal for pseudo-scientific nitpicking is remarkable, given 
    its laissez-faire attitude toward earlier slovenly reports that purported 
    to show racial profiling.  Where it gets its new social-science expertise 
    is also a mystery, since according to North Carolina criminologist Matthew 
    Zingraff, "there's not a DOJ attorney who knows a thing about statistical 
    methods and analysis."  Equally surprising is Justice's sudden unhappiness 
    with the Public Service Research Institute, since it approved the selection 
    of the institute for an earlier demographic study of the turnpike.
    
    The institute proposed a solution to the impasse:  Let us submit the study 
    to a peer-reviewed journal or a neutral body like the National Academy of 
    Sciences.  If a panel of our scientific peers determines the research to be 
    sound, release the study then.  No go, said the Justice Department.  That 
    study ain't seeing the light of day.
    
    Robert Voas, the study's co-author, is amazed by Justice's 
    intransigence.  "I think it's very unfortunate that the politics have 
    gotten in the way of science," he says, choosing his words carefully.  "The 
    scientific system has not been allowed to move as it should have in this 
    situation."
    
    As DOJ and the New Jersey attorney general stalled, The Record of Bergen 
    posted the report on the Web, forcing the state attorney general to release 
    it officially.  Now the damage control begins in earnest.  Everyone with a 
    stake in the racial profiling myth, from the state attorney general to the 
    ACLU to defense attorneys who have been getting drug dealers out of jail 
    and back on the streets by charging police racism, is trying to minimize 
    the significance of the findings.
    
    But they are fighting a rear-guard battle.  Waiting in the wings are other 
    racial profiling studies by statisticians who actually understand the 
    benchmark problem:  Matthew Zingraff's pioneering traffic research in North 
    Carolina, due out in April, as well as sound studies in Pennsylvania, New 
    York, and Miami.  Expect many of the results to support the turnpike data, 
    since circumstantial evidence from traffic fatalities and drunk-driving 
    tests have long suggested different driving behaviors among different 
    racial groups.  While racist cops undoubtedly do exist, and undoubtedly 
    they are responsible for isolated instances of racial profiling, the 
    evidence shows that systematic racial profiling by police does not exist.
    
    The Bush administration, however desperate to earn racial sensitivity 
    points, should realize that far more than politics is at stake in the 
    poisonous anti-racial profiling agenda.  It has strained police-community 
    relations and made it more difficult for the police to protect law-abiding 
    citizens in inner-city neighborhoods.  The sooner the truth about policing 
    gets out, the more lives will be saved, and the more communities will be 
    allowed to flourish freed from the yoke of crime. 
    
    
    
    
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