3/20/2012 Version 2 Slalr I?inilul Subject: Unbiased Policing Date Presented: January 27, 2015 Class: TBTC Target Audience: 104rd TBTC Presented by: Sergeant Ryan Durbin Prepared by: Corporal, Cagle #358 To be presented in l_ 50-minute classroom peri0d(s). To be presented in 50-minute practical exercise peri0d(s). To be presented in 1 minutes of on-line training. Peer Review: Dale: Training Division Supervisor Review: 5/ Ryan Durbin Dale: 8/ 2015 TRAINING DIVISION PERSONNEL: Training Division personnel shall ensure the division curriculum coordinator is provided a copy of the final presentation for retention purposes, per the Training Division SOP Manual. ALL OTHER WSP PERSONNEL: You are required to maintain a copy of this outline in accordance with WSP Regulation 10.12.020. WSP public records retention policies will apply to this curriculum, per WSP Regulation 6.01.010. al?clr?rr?nrr' (mil lVlrIll'l?lri El National Highway Traffic Safety Administration, on racial profiling I Traffic Stop AD HOC Committee Report, 2001 El Current Washington State Patrol Regulation Manual Include all references. If you cite an Internet reference, include the date it was referenced with the hyperlink. Ensure each of the following are explained and, if applicable, attached to this outline: Does this course require any additional handouts: YESZNO List items: Does this course require any training aids?: YESZNO List items: Does this course include practical exercises?: YESZNO List items: Quizzes/Tests: Please submit this presentation to your sergeant in a computer folder, with all electronic materials included. Provide students with information on racial profiling and how it affects The Washington State Patrol. Students will also learn about their perception of the public and how the public possibly perceives Law Enforcement. STEP IDENTIFY COURSE rt ()I?ijw? Define examples of biased based policing. El Analyze the history and policies that changed the way we collect data. STEP WRITE PERFORMANCE OBJECTIVES. Performance objectives should be written in specific behavioral terms. "Specific behavioral terms" means using verbs that can be directly observed. Bloom's taxonomy is an excellent source of verbs that provide specific, uniform terminology used throughout education/training projects and doctrine. "Upon completion of this unit of instruction each student will be able *This slide may be hidden if appropriate. 'Jnlyim,? rl I?m-hr mg- ICC Racial Profiling? Allow the students to answer the question and give their definition of racial profiling. Definition: Racial profiling is use of individuals race or ethnicity by law enforcement as key factors to engage in enforcement. Examples: If the majority of cocaine is being brought in to the State of Washington by Hispanics driving late model Camaros, wouldn?t it make sense to target Hispanics driving late model Camaros? lfthe majority of drive-by shootings in Yakima?s West Valley area were being done by white males driving black 4 wheel drive pick-up trucks, while wearing black cowboy hats, wouldn?t make sense to stop all of the black 4 wheel drive pick-up trucks you could? Does racial profiling work? Are all Hispanics that drive Camaros transporting cocaine? Are all young white males that drive black 4x4 pick-ups and wear black hats involved in gangs and participate in drive-by shootings? 'lfaf-rv brim/(inn: RACIAL PROFILING STEREO TYPING ?y 1% I (ll) (- Racial Profiling can be called stereo typing but not all stereo typing involves race. A stereotype is a thought that may be adopted about specific types of individuals or certain ways of doing things. Stereo typing can also involve manner of dress or appearance. Long hair, no hair, body piercing, skateboarders etc. nu GER r, More examples. Have the class look at each picture and discuss their impressions of the photos. Have them pick out the felon sentenced to 292 months. Bottom right photo: Jeffrey Keith Skilling (1953-11-25) CEO of Enron Criminal charge Conspiracy, securities fraud, false statement, insider trading Criminal penalty 172 months (originally 292 months) and fined $45 million; sentence reduced as a result of Ski/ling v. United States -Racia1 profiling and. . . Criminal profiling? -If so, what is the difference? Criminal profiling is a behavioral and investigative tool that is intended to help profile unknown criminal suspects or offenders. Various aspects of the criminals? personality make are determined from his or her choices before, during and after the crime. This information is combined with other relevant details and physical evidence and compared with the characteristics of know personality types and mental abnormalities to develop a practical working description ofthe offender. Criminal profiling involves analysis ofthe crime and the way it was committed. Obviously, race, gender etc.. Are not specifically targeted. Goal of this is to provide a social and assessment for law enforcement. The first modern case of criminal profiling is Jack the Ripper. Other examples include the Mad Bomber of New York in 1956 and the Boston Strangler. The focus should not be on Criminal profiling, however the student should understand there is a science behind Criminal profiling and there is difference between Racial and Criminal profiling. Talk about behavioral indicators. 10 Iwm Think back to the previous slide and the examples given. El What about immigration status? I Can we stop individuals to check immigration status? I What does the law state? I What does policy state? El It is important to be familiar with both Regulation Manual 1.00.040 11 1.00.040 - ALIENS (CALEA 61.1.2, 61.1.3) 1. POLICY A. Immigration Hold 1. Officers shall not stop, detain, interrogate, or place an immigration hold on any person solely for the purpose of ascertaining immigration status or in any other way attempt to enforce federal immigration laws. 12 lf?lfl/lfl om 2. If an individual is arrested for a criminal violation, officers may notify the Immigration Services office if the officer has a reasonable suspicion based on articulable facts? other than a person's nationality, name, or ability to communicate in English?that the person arrested is an undocumented or illegal alien. 3. Officers shall document all the facts upon which they base their suspicion. 13 lf?lfl/l?l um B. Detainment for Immigration Status 1. A person shall not be held or detained any longer than is necessary to complete the normal processes in connection with a criminal charge or traffic violation for which the person was arrested. The time cannot be extended to allow Immigration Services persons enough time to respond. 14 om 2. If an officer needs the assistance of an interpreter because of a language barrier, every reasonable effort shall be made to obtain such assistance from sources other than the Immigration and Naturalization Service. The Immigration Service shall be used only when all other sources of translation are reasonably unavailable. All efforts to obtain interpretation services shall be documented when it is necessary 15 llUW arc (-ivwl?/ Facebook Public Functions Twitter x? A Traffic Stops Collision Scenes When you signed on the line and raised your hand to say "pick me, I want to be an employee of the State Patrol,? you moved into a glass house. Every action you do, every place you go, if they know you are a trooper, they are watching you. Sitting in a restaurant having a glass of wine, they are watching you and may even tell their friends, "There?s a trooper drinking alcohol.? How you act, what you say, and what you do will influence the perception ofthe witness of what the patrol is. Is it right? Maybe not, but it is going to happen. Think about it. Personal websites: Facebook, Twitter, Pintrest, etc. What do you use these forums for? Connections with families, friends etc? As a Trooper, would you want to post items related to yourjob? Pictures in uniform, collision photos. Can things on these websites be disclosed? Traffic stops or collision scenes. Do we act as robots not personable etc. Some people may even think we are making money for the State. 16 Mir inlly Ulnar-(l l?olir i' 1?Does the Washington State Patrol practice acially biased policing? Depending on who you ask, the answer could be either. If you ask the troopers they will all say, "Of course not!? If you ask some newspapers and/or community groups they will tell you that all police are prejudiced and practice racially biased policing. We can all have our opinions, but what we need are facts. 8.00.090 COURTESY (CALEA 61.1.8) I. POLICY A. Courtesy Requirement 1. Employees shall be courteous and tactful to all persons in the performance of their duties, shall control their tempers and exercise the utmost patience and discretion, and shall not engage in argumentative discussions, even in the face of extreme provocation. 2. In the performance oftheir duties, employees shall not use coarse, violent, profane, or insolent language or gestures, and shall not express any prejudice or bias concerning race, religion, gender, age, politics, national origin 17 A now no WI ri l/?l Im l?l- Mi- Ill I212 oTraining Professionalism during public encounters. oTraffic stops ~Fair traffic enforcement. -Media relations. Ask the class, what can we do as an agency to prevent biased based or racial profiling in our communites? A traffic stop may seem routine to a Trooper or Officer, however, consider the public?s view. They may never have been stopped before or they may have had a bad encounter with law enforcement in the past. (T.V. Programs don?t always portray us in a positive light, nor does the media.) Ask the class have you ever been stopped? If so, do you remember what it was like? How did you feel? Were you nervous or you may or may not have wondered why you were being stopped? We base traffic stops on existing traffic and criminal law violations. Ask the class, what is the purpose of issuing a notice of infraction or criminal citation? Are there situations where a verbal or written warning may be appropriate? Why do we choose one over the other? We do not make enforcement and or arrest decisions based on race, ethnicity, national origin, religion, gender, disability or sexual orientation. 18 "ill/"kl ICII IC Pl l?l IUI - New Jersey State Police Incident of racial profiling. Former Chief Sandberg was prompted to start collecting data, pertaining to racially biased policing, within our agency. -The "hand writing on the wall.? - In March of 2000 this data gathering became State Law. In 1999, there was a story about the New Jersey State Police that involved troopers stopping persons of African-American ancestry, without provocation or probable cause, completely dissembled their car in a search for drugs and finding none, got in their patrol cars and drove off. This prompted Chief Sandberg to start collecting data to either prove or disprove the practice of racially biased policing. Chief Annette Sandberg saw the handwriting on the wall and instituted a data gathering system in order to answer the question about whether or not the WSP was racially profiling or practicing biased policing. When Chief Sandberg instituted the data-gathering format, the rest ofthe state law enforcement agencies made sport of the Patrol for having to do this stuff. The WSP was the first agency to institute this data-gathering. After the WSP initiated, other agencies were told to start collecting the same type of data. The gathering of this type of data is now a Washington State Law under RCW 43.43. (Refer to printed copies of RCW located in the instructor book. Read the definitions out loud to the class.) 43.101.410, 43.43.480, 43.43.490, 43.43.500 The results of the first year of data gathered indicated the following. 19 377.492 663.425 Non-White 132,909 White Non?Whlu Jan-Dec 2013. 20 Imlml - RESULTS PRESENTED TO SENATE IUDICIARY HEARING Raw data Referred to as "problems" "i Mandated by legislature to re-train officers by 4/30/01 The racial mix of the State of Washington is approximately 85% white and 15 non- white. Things that were not considered in the initial report was demographics by district. The racial mix in each district is different. In some areas the population of non-white may be higher than white. Would it be important to consider this? Why? Tell story about Gentleman that testified as to the fact that he asked for directions from a trooper in Ellensberg, and as he drove off, his children saw the trooper writing down their vehicle license and how it bothered them. Then tell about Trooper Foster contacting the gentleman outside the committee room and explaining why the trooper did what he did and how this satisfied the gentleman. Some people really don?t know what people ask, take the time to explain what we do and why. It is not top secret information. 21 plug/(Ir- l? mm 1 ions I'Initially. . . ?Defensive -Frustration 'Disengaged ?Today. . . ?Main stream When Chief Sandberg requested the data be collected, there was a tremendous reaction from the employees affected by the mandate. The main reason was the troops knew the majority ofthe patrol was not practicing racial profiling or biased policing, so they got defensive. They became very frustrated because they felt it was just one more thing they had to keep track of and some even decided to try to thwart the system by listing every stop as an "other" on their tar. This resulted in some troops being disciplined. Changes are not always bad and as a result of collecting this data, we were able to prove to the Senate the allegations made against the Patrol were false. As with any change or new policy, there will always be some resistance. Because of how we train, it has become main stream. Some, hopefully all of you, will move on to become new Troopers. You really don?t know anything different than what you are learning today. 22 I?m mjimj hp! ion'. Initial Data Ad Hoc Data Collection Committee Statewide Forums WSU Survey Responding to the media In response to the initial data, a committee was formed to further extract additional information. The committee traveled around the state and spoke with Troopers. Every two years, Washington State University conducts a citizen survey. As an agency, we have a very high approval rate for what we do. But, even though it is higher than any other police agency that is surveyed, the patrol still had a relatively low percentage for ethnic neutrality. Naturally, we received the highest approval from those who received verbal warnings but, does that mean we should stop writing tickets? 23 ?l h" if, in [mm I'ml'url',' How would you Change the future of the ?How data is collected ?Educating employees ?Public outreach ?Recruiting Diversity 24 25