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Ryan holds degrees in multimedia journalism and Spanish from the University of Missouri.","avatar":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g","twitter":"ryan_levi","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"perspectives","roles":["administrator"]}],"headData":{"title":"Ryan Levi | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/4cb2ddd028ac8807d1adf09609c5555d?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/rlevi"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11935918":{"type":"posts","id":"news_11935918","meta":{"index":"posts_1716263798","site":"news","id":"11935918","score":null,"sort":[1671502212000]},"guestAuthors":[],"slug":"harvey-weinstein-found-guilty-of-rape-in-los-angeles-trial","title":"Harvey Weinstein Found Guilty of Rape in Los Angeles Trial","publishDate":1671502212,"format":"standard","headTitle":"Harvey Weinstein Found Guilty of Rape in Los Angeles Trial | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Harvey Weinstein was found guilty on Monday of rape at a Los Angeles trial in another #MeToo moment of reckoning, five years after he became a magnet for the movement.\u003c/p>\n\u003cp>After deliberating for nine days spanning more than two weeks, the jury of eight men and four women reached the verdict at the second criminal trial of the 70-year-old onetime powerful movie mogul, who is two years into a \u003ca href=\"https://www.kqed.org/arts/13876352/harvey-weinstein-sentenced-to-23-years-in-prison\">23-year sentence for a rape and sexual assault conviction in New York\u003c/a>.\u003c/p>\n\u003cp>Weinstein was found guilty of rape, forced oral copulation and another sexual misconduct count involving an Italian model and actor who said he appeared uninvited at her hotel room door during a Los Angeles film festival in 2013. The jury was unable to reach a decision on several counts, notably charges involving Jennifer Siebel Newsom, the wife of California Gov. Gavin Newsom.[aside label=\"Related Stories\" postID=\"arts_13876352,arts_13873656,arts_13875370\"]\u003c/p>\n\u003cp>The jury reported it was unable to reach verdicts in her allegations and the allegations of another woman. A mistrial was declared on those counts.\u003c/p>\n\u003cp>He was also acquitted of a sexual battery allegation made by a massage therapist who treated Weinstein at a hotel in 2010.\u003c/p>\n\u003cp>Weinstein looked down at the table and appeared to put his face in his hands when the initial guilty counts were read. He looked forward as the rest of the verdict was read.\u003c/p>\n\u003cp>He faces up to 24 years in prison when he is sentenced. Prosecutors and defense attorneys had no immediate comment on the verdict.\u003c/p>\n\u003cp>“Harvey Weinstein will never be able to rape another woman. He will spend the rest of his life behind bars where he belongs,” Siebel Newsom said in a statement. “Throughout the trial, Weinstein’s lawyers used sexism, misogyny and bullying tactics to intimidate, demean and ridicule us survivors. The trial was a stark reminder that we as a society have work to do.”\u003c/p>\n\u003cp>“It is time for the defendant’s reign of terror to end,” Deputy District Attorney Marlene Martinez said in the prosecution’s closing argument. “It is time for the kingmaker to be brought to justice.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Lacking any forensic evidence or eyewitness accounts of assaults that Weinstein’s accusers said happened from 2005 to 2013, the case hinged heavily on the stories and credibility of the four women at the center of the charges.\u003c/p>\n\u003cp>The accusers included Siebel Newsom, a documentary filmmaker whose husband is California Gov. Gavin Newsom. \u003ca href=\"https://www.npr.org/2022/11/15/1136856763/harvey-weinstein-rape-trial-jennifer-siebel-newsom-california-gavin\">Her intense and emotional testimony\u003c/a> of being raped by Weinstein in a hotel room in 2005 brought the trial its most dramatic moments.\u003c/p>\n\u003cp>Lauren Young, the only accuser who testified at both Weinstein trials, said she had been a model aspiring to be an actor and screenwriter when she met with Weinstein about a script in 2013 and he trapped her in a hotel bathroom, groped her and masturbated in front of her.\u003c/p>\n\u003cp>The jury was unable to reach a verdict on the charge involving Young. Jurors told the judge they were 10–2 in favor of conviction on her count, and 8–4 in favor of conviction on the two counts involving Siebel Newsom.\u003c/p>\n\u003cp>Martinez said in her closing statement that the women entered Weinstein’s hotel suites or let him into their rooms, with no idea of what awaited them.\u003c/p>\n\u003cp>“Who would suspect that such an entertainment industry titan would be a degenerate rapist?” she said.\u003c/p>\n\u003cp>The women’s stories echoed the allegations of dozens of others who have emerged since Weinstein became a #MeToo lightning rod, starting with stories in \u003cem>The New York Times\u003c/em> in 2017. A movie about that reporting, \u003cem>She Said\u003c/em>, was released during the trial, and jurors were repeatedly warned not to see it.\u003c/p>\n\u003cp>It was the defense that made #MeToo an issue during the trial, however, emphasizing that none of the four women went to the authorities until after the movement made Weinstein a target.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jennifer Siebel Newsom, documentary filmmaker\"]‘Throughout the trial, Weinstein’s lawyers used sexism, misogyny and bullying tactics to intimidate, demean and ridicule us survivors. The trial was a stark reminder that we as a society have work to do.’[/pullquote]Defense lawyers said two of the women were entirely lying about their encounters with Weinstein, and that the other two had “100% consensual” sexual interactions that they later reframed.\u003c/p>\n\u003cp>“Regret is not the same thing as rape,” Weinstein attorney Alan Jackson said in his closing argument.\u003c/p>\n\u003cp>He urged jurors to look past the the women’s emotional testimony and focus on the factual evidence.\u003c/p>\n\u003cp>“‘Believe us because we’re mad, believe us because we cried,’” Jackson said jurors were being asked to do. “Well, fury does not make fact. And tears do not make truth.”\u003c/p>\n\u003cp>All the women involved in the charges went by Jane Doe in court. The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly or agree to be named through their attorneys, as the women named here did.\u003c/p>\n\u003cp>Prosecutors called 40 other witnesses in an attempt to give context and corroboration to those stories. Four were other women who were not part of the charges but who testified that Weinstein raped or sexually assaulted them. They were brought to the stand to establish a pattern of sexual predation.\u003c/p>\n\u003cp>Weinstein beat four other felony charges before the trial even ended when prosecutors said a woman he was charged with raping twice and sexually assaulting twice would not appear to testify. They declined to give a reason. Judge Lisa Lench dismissed those charges.\u003c/p>\n\u003cp>Weinstein’s latest conviction hands a victory to victims of sexual misconduct of famous men in the wake of some legal setbacks, including the dismissal of Bill Cosby’s conviction last year. The rape trial of “That ’70s Show” actor Danny Masterson, held simultaneously and just down the hall from Weinstein’s, ended in a mistrial. And actor Kevin Spacey was victorious at a sexual battery civil trial in New York last month.\u003c/p>\n\u003cp>Weinstein’s New York conviction survived an initial appeal, but the case is set to be heard by the state’s highest court next year. The California conviction, also likely to be appealed, means he will not walk free even if the East Coast conviction is thrown out.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The verdict Monday, following a monthlong trial, represents a victory for the #MeToo movement, some five years after Weinstein became its central figure.","status":"publish","parent":0,"modified":1721132746,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1097},"headData":{"title":"Harvey Weinstein Found Guilty of Rape in Los Angeles Trial | KQED","description":"The verdict Monday, following a monthlong trial, represents a victory for the #MeToo movement, some five years after Weinstein became its central figure.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Harvey Weinstein Found Guilty of Rape in Los Angeles Trial","datePublished":"2022-12-19T18:10:12-08:00","dateModified":"2024-07-16T05:25:46-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Andrew Dalton\u003cbr>Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11935918/harvey-weinstein-found-guilty-of-rape-in-los-angeles-trial","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Harvey Weinstein was found guilty on Monday of rape at a Los Angeles trial in another #MeToo moment of reckoning, five years after he became a magnet for the movement.\u003c/p>\n\u003cp>After deliberating for nine days spanning more than two weeks, the jury of eight men and four women reached the verdict at the second criminal trial of the 70-year-old onetime powerful movie mogul, who is two years into a \u003ca href=\"https://www.kqed.org/arts/13876352/harvey-weinstein-sentenced-to-23-years-in-prison\">23-year sentence for a rape and sexual assault conviction in New York\u003c/a>.\u003c/p>\n\u003cp>Weinstein was found guilty of rape, forced oral copulation and another sexual misconduct count involving an Italian model and actor who said he appeared uninvited at her hotel room door during a Los Angeles film festival in 2013. The jury was unable to reach a decision on several counts, notably charges involving Jennifer Siebel Newsom, the wife of California Gov. Gavin Newsom.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"arts_13876352,arts_13873656,arts_13875370"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The jury reported it was unable to reach verdicts in her allegations and the allegations of another woman. A mistrial was declared on those counts.\u003c/p>\n\u003cp>He was also acquitted of a sexual battery allegation made by a massage therapist who treated Weinstein at a hotel in 2010.\u003c/p>\n\u003cp>Weinstein looked down at the table and appeared to put his face in his hands when the initial guilty counts were read. He looked forward as the rest of the verdict was read.\u003c/p>\n\u003cp>He faces up to 24 years in prison when he is sentenced. Prosecutors and defense attorneys had no immediate comment on the verdict.\u003c/p>\n\u003cp>“Harvey Weinstein will never be able to rape another woman. He will spend the rest of his life behind bars where he belongs,” Siebel Newsom said in a statement. “Throughout the trial, Weinstein’s lawyers used sexism, misogyny and bullying tactics to intimidate, demean and ridicule us survivors. The trial was a stark reminder that we as a society have work to do.”\u003c/p>\n\u003cp>“It is time for the defendant’s reign of terror to end,” Deputy District Attorney Marlene Martinez said in the prosecution’s closing argument. “It is time for the kingmaker to be brought to justice.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lacking any forensic evidence or eyewitness accounts of assaults that Weinstein’s accusers said happened from 2005 to 2013, the case hinged heavily on the stories and credibility of the four women at the center of the charges.\u003c/p>\n\u003cp>The accusers included Siebel Newsom, a documentary filmmaker whose husband is California Gov. Gavin Newsom. \u003ca href=\"https://www.npr.org/2022/11/15/1136856763/harvey-weinstein-rape-trial-jennifer-siebel-newsom-california-gavin\">Her intense and emotional testimony\u003c/a> of being raped by Weinstein in a hotel room in 2005 brought the trial its most dramatic moments.\u003c/p>\n\u003cp>Lauren Young, the only accuser who testified at both Weinstein trials, said she had been a model aspiring to be an actor and screenwriter when she met with Weinstein about a script in 2013 and he trapped her in a hotel bathroom, groped her and masturbated in front of her.\u003c/p>\n\u003cp>The jury was unable to reach a verdict on the charge involving Young. Jurors told the judge they were 10–2 in favor of conviction on her count, and 8–4 in favor of conviction on the two counts involving Siebel Newsom.\u003c/p>\n\u003cp>Martinez said in her closing statement that the women entered Weinstein’s hotel suites or let him into their rooms, with no idea of what awaited them.\u003c/p>\n\u003cp>“Who would suspect that such an entertainment industry titan would be a degenerate rapist?” she said.\u003c/p>\n\u003cp>The women’s stories echoed the allegations of dozens of others who have emerged since Weinstein became a #MeToo lightning rod, starting with stories in \u003cem>The New York Times\u003c/em> in 2017. A movie about that reporting, \u003cem>She Said\u003c/em>, was released during the trial, and jurors were repeatedly warned not to see it.\u003c/p>\n\u003cp>It was the defense that made #MeToo an issue during the trial, however, emphasizing that none of the four women went to the authorities until after the movement made Weinstein a target.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Throughout the trial, Weinstein’s lawyers used sexism, misogyny and bullying tactics to intimidate, demean and ridicule us survivors. The trial was a stark reminder that we as a society have work to do.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jennifer Siebel Newsom, documentary filmmaker","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Defense lawyers said two of the women were entirely lying about their encounters with Weinstein, and that the other two had “100% consensual” sexual interactions that they later reframed.\u003c/p>\n\u003cp>“Regret is not the same thing as rape,” Weinstein attorney Alan Jackson said in his closing argument.\u003c/p>\n\u003cp>He urged jurors to look past the the women’s emotional testimony and focus on the factual evidence.\u003c/p>\n\u003cp>“‘Believe us because we’re mad, believe us because we cried,’” Jackson said jurors were being asked to do. “Well, fury does not make fact. And tears do not make truth.”\u003c/p>\n\u003cp>All the women involved in the charges went by Jane Doe in court. The Associated Press does not typically name people who say they have been sexually abused unless they come forward publicly or agree to be named through their attorneys, as the women named here did.\u003c/p>\n\u003cp>Prosecutors called 40 other witnesses in an attempt to give context and corroboration to those stories. Four were other women who were not part of the charges but who testified that Weinstein raped or sexually assaulted them. They were brought to the stand to establish a pattern of sexual predation.\u003c/p>\n\u003cp>Weinstein beat four other felony charges before the trial even ended when prosecutors said a woman he was charged with raping twice and sexually assaulting twice would not appear to testify. They declined to give a reason. Judge Lisa Lench dismissed those charges.\u003c/p>\n\u003cp>Weinstein’s latest conviction hands a victory to victims of sexual misconduct of famous men in the wake of some legal setbacks, including the dismissal of Bill Cosby’s conviction last year. The rape trial of “That ’70s Show” actor Danny Masterson, held simultaneously and just down the hall from Weinstein’s, ended in a mistrial. And actor Kevin Spacey was victorious at a sexual battery civil trial in New York last month.\u003c/p>\n\u003cp>Weinstein’s New York conviction survived an initial appeal, but the case is set to be heard by the state’s highest court next year. The California conviction, also likely to be appealed, means he will not walk free even if the East Coast conviction is thrown out.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11935918/harvey-weinstein-found-guilty-of-rape-in-los-angeles-trial","authors":["byline_news_11935918"],"categories":["news_31795","news_6188","news_8"],"tags":["news_19037","news_21812","news_21804"],"featImg":"news_11935920","label":"news"},"news_11908894":{"type":"posts","id":"news_11908894","meta":{"index":"posts_1716263798","site":"news","id":"11908894","score":null,"sort":[1647993535000]},"guestAuthors":[],"slug":"patricia-guerrero-confirmed-as-first-latina-on-california-supreme-court","title":"Patricia Guerrero Confirmed As First Latina on California Supreme Court","publishDate":1647993535,"format":"standard","headTitle":"Patricia Guerrero Confirmed As First Latina on California Supreme Court | KQED","labelTerm":{"site":"news"},"content":"\u003cp>With none of the partisan rancor or political point-scoring on display in this week’s Senate confirmation hearing for U.S. Supreme Court nominee \u003ca href=\"https://www.npr.org/2022/03/22/1087967982/judge-ketanji-brown-jackson-confirmation-hearings-what-happened-on-tuesday\">Ketanji Brown Jackson\u003c/a>, a three-member panel in San Francisco on Tuesday quickly and enthusiastically confirmed Patricia Guerrero to the California Supreme Court as its first Latina justice.\u003c/p>\n\u003cp>“I embrace this nomination, knowing that I’m not here today on my own,” Guerrero, currently a judge on the Fourth District Court of Appeal, said at the hearing. “I stand on the shoulders of my grandparents and my parents who came to this country, even though it would be a struggle for them. Like so many immigrant families, they came here to work hard, to seek opportunities and to give better lives to their children.”\u003c/p>\n\u003cp>The Commission on Judicial Appointments, which included Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Fourth District Court of Appeal Presiding Justice Manuel Ramirez, voted 3-0 to confirm Guerrero without so much as a tough question.\u003c/p>\n\u003cp>“This is a joyous type of hearing,” Cantil-Sakauye proclaimed at the start of the process, which took place at the state Supreme Court.\u003c/p>\n\u003cp>Guerrero, known to friends and co-workers as “Trish,” was introduced by three former colleagues who extolled her judgment, legal-writing acumen, leadership and compassion.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“I would describe Trish as a pioneer,” said Robert Howard, a partner at the law firm Latham & Watkins in San Diego, where Guerrero worked early on in her legal career.[aside label=\"Related Stories\" postID=\"news_11905429,news_11841064\"]Noting that Guerrero made partner in just seven years, Howard said, “She earned the respect of her colleagues for intellect, maturity, discretion and judgment. She was admired by young lawyers because of her strong mentorship and patient supervision.”\u003c/p>\n\u003cp>He called Gov. Gavin Newsom’s \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/newsom-nominates-patricia-guerrero-to-california-supreme-court\">nomination of Guerrero last month\u003c/a> “a wise choice,” adding that “Justice Guerrero is an American success story who will make an inspiring, thoughtful, intelligent and valued addition to this court.”\u003c/p>\n\u003cp>Guerrero, 50, will take the seat left vacant when Associate Justice Mariano-Florentino “Tino” Cuéllar unexpectedly stepped down last fall to become executive director of the Carnegie Endowment for International Peace.\u003c/p>\n\u003cp>The daughter of Mexican immigrants, Guerrero grew up in Imperial County, east of San Diego, where her father worked as a farm laborer and her mother as a child care provider.\u003c/p>\n\u003cp>Holding back tears, Guerrero talked about her mother, who she said recently died after a battle with breast cancer.\u003c/p>\n\u003cp>“She taught us to be strong, compassionate and independent,” Guerrero said. “She showed us the importance of family. She showed us to thank God for our blessings, and she showed us that we should help other people when we can.”\u003c/p>\n\u003cp>Guerrero worked in a grocery store as a teenager, helping to raise money to put herself through college. After graduating high school as co-valedictorian, she attended UC Berkeley and then Stanford Law School.\u003c/p>\n\u003cp>Following a stint in private practice, she served as an assistant U.S. attorney in San Diego, and in 2013 went on to become a county Superior Court judge. In 2017, Gov. Jerry Brown elevated her to the Court of Appeal.\u003c/p>\n\u003cp>Throughout her career, Guerrero has mentored students in high school and college and taken on pro bono immigration cases, including asylum applications.\u003c/p>\n\u003cp>“This is not just about me or really even just about my parents, but it’s about so many others, just like us,” she said. “This is a story of the American dream, the belief that with hard work, perseverance and opportunities, anything is possible.”\u003c/p>\n\u003cp>At Tuesday’s confirmation hearing, Judge Maureen Hallahan, who served with Guerrero on the San Diego County Superior Court, called her an exemplary colleague.\u003c/p>\n\u003cp>“Expect her to inspire you, support you, engage you and challenge you,” she said. “She will never let you down and she will serve with you with dignity, courage and grace.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom will swear in Guerrero at a ceremony scheduled for March 28.\u003c/p>\n\n","blocks":[],"excerpt":"The daughter of Mexican immigrants, Guerrero, a Fourth District Court of Appeal judge, will fill the seat vacated by Associate Justice Mariano-Florentino \"Tino\" Cuéllar, who stepped down last fall. ","status":"publish","parent":0,"modified":1721132751,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":20,"wordCount":698},"headData":{"title":"Patricia Guerrero Confirmed As First Latina on California Supreme Court | KQED","description":"The daughter of Mexican immigrants, Guerrero, a Fourth District Court of Appeal judge, will fill the seat vacated by Associate Justice Mariano-Florentino "Tino" Cuéllar, who stepped down last fall. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Patricia Guerrero Confirmed As First Latina on California Supreme Court","datePublished":"2022-03-22T16:58:55-07:00","dateModified":"2024-07-16T05:25:51-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","path":"/news/11908894/patricia-guerrero-confirmed-as-first-latina-on-california-supreme-court","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>With none of the partisan rancor or political point-scoring on display in this week’s Senate confirmation hearing for U.S. Supreme Court nominee \u003ca href=\"https://www.npr.org/2022/03/22/1087967982/judge-ketanji-brown-jackson-confirmation-hearings-what-happened-on-tuesday\">Ketanji Brown Jackson\u003c/a>, a three-member panel in San Francisco on Tuesday quickly and enthusiastically confirmed Patricia Guerrero to the California Supreme Court as its first Latina justice.\u003c/p>\n\u003cp>“I embrace this nomination, knowing that I’m not here today on my own,” Guerrero, currently a judge on the Fourth District Court of Appeal, said at the hearing. “I stand on the shoulders of my grandparents and my parents who came to this country, even though it would be a struggle for them. Like so many immigrant families, they came here to work hard, to seek opportunities and to give better lives to their children.”\u003c/p>\n\u003cp>The Commission on Judicial Appointments, which included Chief Justice Tani Cantil-Sakauye, Attorney General Rob Bonta and Fourth District Court of Appeal Presiding Justice Manuel Ramirez, voted 3-0 to confirm Guerrero without so much as a tough question.\u003c/p>\n\u003cp>“This is a joyous type of hearing,” Cantil-Sakauye proclaimed at the start of the process, which took place at the state Supreme Court.\u003c/p>\n\u003cp>Guerrero, known to friends and co-workers as “Trish,” was introduced by three former colleagues who extolled her judgment, legal-writing acumen, leadership and compassion.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I would describe Trish as a pioneer,” said Robert Howard, a partner at the law firm Latham & Watkins in San Diego, where Guerrero worked early on in her legal career.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11905429,news_11841064"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Noting that Guerrero made partner in just seven years, Howard said, “She earned the respect of her colleagues for intellect, maturity, discretion and judgment. She was admired by young lawyers because of her strong mentorship and patient supervision.”\u003c/p>\n\u003cp>He called Gov. Gavin Newsom’s \u003ca href=\"https://www.latimes.com/california/story/2022-02-15/newsom-nominates-patricia-guerrero-to-california-supreme-court\">nomination of Guerrero last month\u003c/a> “a wise choice,” adding that “Justice Guerrero is an American success story who will make an inspiring, thoughtful, intelligent and valued addition to this court.”\u003c/p>\n\u003cp>Guerrero, 50, will take the seat left vacant when Associate Justice Mariano-Florentino “Tino” Cuéllar unexpectedly stepped down last fall to become executive director of the Carnegie Endowment for International Peace.\u003c/p>\n\u003cp>The daughter of Mexican immigrants, Guerrero grew up in Imperial County, east of San Diego, where her father worked as a farm laborer and her mother as a child care provider.\u003c/p>\n\u003cp>Holding back tears, Guerrero talked about her mother, who she said recently died after a battle with breast cancer.\u003c/p>\n\u003cp>“She taught us to be strong, compassionate and independent,” Guerrero said. “She showed us the importance of family. She showed us to thank God for our blessings, and she showed us that we should help other people when we can.”\u003c/p>\n\u003cp>Guerrero worked in a grocery store as a teenager, helping to raise money to put herself through college. After graduating high school as co-valedictorian, she attended UC Berkeley and then Stanford Law School.\u003c/p>\n\u003cp>Following a stint in private practice, she served as an assistant U.S. attorney in San Diego, and in 2013 went on to become a county Superior Court judge. In 2017, Gov. Jerry Brown elevated her to the Court of Appeal.\u003c/p>\n\u003cp>Throughout her career, Guerrero has mentored students in high school and college and taken on pro bono immigration cases, including asylum applications.\u003c/p>\n\u003cp>“This is not just about me or really even just about my parents, but it’s about so many others, just like us,” she said. “This is a story of the American dream, the belief that with hard work, perseverance and opportunities, anything is possible.”\u003c/p>\n\u003cp>At Tuesday’s confirmation hearing, Judge Maureen Hallahan, who served with Guerrero on the San Diego County Superior Court, called her an exemplary colleague.\u003c/p>\n\u003cp>“Expect her to inspire you, support you, engage you and challenge you,” she said. “She will never let you down and she will serve with you with dignity, courage and grace.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Newsom will swear in Guerrero at a ceremony scheduled for March 28.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11908894/patricia-guerrero-confirmed-as-first-latina-on-california-supreme-court","authors":["255"],"categories":["news_6188","news_8","news_13"],"tags":["news_548","news_19037"],"featImg":"news_11908938","label":"news"},"news_11754220":{"type":"posts","id":"news_11754220","meta":{"index":"posts_1716263798","site":"news","id":"11754220","score":null,"sort":[1560369878000]},"guestAuthors":[],"slug":"sf-district-attorney-turns-to-ai-to-reduce-racial-bias-in-courts","title":"S.F. District Attorney Turns to AI to Reduce Racial Bias in Courts","publishDate":1560369878,"format":"standard","headTitle":"S.F. District Attorney Turns to AI to Reduce Racial Bias in Courts | KQED","labelTerm":{},"content":"\u003cp>In a first-of-its kind experiment, San Francisco prosecutors are turning to artificial intelligence to reduce racial bias in the courts, adopting a system that strips certain identifying details from police reports and leaves only key facts to govern charging decisions.\u003c/p>\n\u003cp>District Attorney George Gascón announced Wednesday that his office will begin using the technology in July to “take race out of the equation” when deciding whether to accuse suspects of a crime.\u003c/p>\n\u003cp>Criminal justice experts say they have never heard of any project like it, and they applauded the idea as a creative, bold effort to make charging practices more colorblind.\u003c/p>\n\u003cp>[pullquote size='medium' align='right' citation='San Francisco District Attorney George Gascón']‘If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.’[/pullquote]\u003c/p>\n\u003cp>Gascón’s office worked with data scientists and engineers at the Stanford Computational Policy Lab to develop a system that takes electronic police reports and automatically removes a suspect’s name, race and hair and eye colors. The names of witnesses and police officers will also be removed, along with specific neighborhoods or districts that could indicate the race of those involved.\u003c/p>\n\u003cp>“The criminal justice system has had a horrible impact on people of color in this country, especially African Americans, for generations,” Gascón said in an interview ahead of the announcement. “If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Gascón, who leaves office at the end of the year, said his goal was to develop a model that could be used elsewhere, and the technology will be offered free to other prosecutors across the country.\u003c/p>\n\u003cp>“I really commend them, it’s a brave move,” said Lucy Lang, a former New York City prosecutor and executive director of the Institute for Innovation in Prosecution at John Jay College of Criminal Justice.\u003c/p>\n\u003cp>The technology relies on humans to collect the initial facts, which can still be influenced by racial bias. Prosecutors will make an initial charging decision based on the redacted police report. Then they will look at the entire report, with details restored, to see if there are any extenuating reasons to reconsider the first decision, Gascón said.\u003c/p>\n\u003cp>[aside postID='news_11753870,news_11750997,news_11742529' label='More on the criminal justice system']\u003c/p>\n\u003cp>Lang and other experts said they look forward to seeing the results and that they expect the system to be a work in progress.\u003c/p>\n\u003cp>“Hats off for trying new stuff,” said Phillip Atiba Goff, president for the \u003ca href=\"https://policingequity.org\" target=\"_blank\" rel=\"noopener\">Center for Policing Equity\u003c/a>. “There are so many contextual factors that might indicate race and ethnicity that it’s hard to imagine how even a human could take that all out.”\u003c/p>\n\u003cp>A 2017 study commissioned by the San Francisco district attorney found “substantial racial and ethnic disparities in criminal justice outcomes.” African Americans represented only 6% of the county’s population but accounted for 41% of arrests between 2008 and 2014.\u003c/p>\n\u003cp>The study found “little evidence of overt bias against any one race or ethnic group” among prosecutors who process criminal offenses. But Gascón said he wanted to find a way to help eliminate an implicit bias that could be triggered by a suspect’s race, an ethnic-sounding name or a crime-ridden neighborhood where they were arrested.\u003c/p>\n\u003cp>After it begins, the program will be reviewed weekly, said Maria McKee, the DA’s director of analytics and research.\u003c/p>\n\u003cp>The move comes after San Francisco last month became the first U.S. city to ban the use of facial recognition by police and other city agencies. The decision reflected a growing backlash against AI technology as cities seek to regulate surveillance by municipal agencies.\u003c/p>\n\u003cp>\u003cem>KQED’s Monica Samayoa contributed reporting to this story\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The new system will strip certain identifying details from police reports and leave only key facts to govern charging decisions.","status":"publish","parent":0,"modified":1721121722,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":688},"headData":{"title":"S.F. District Attorney Turns to AI to Reduce Racial Bias in Courts | KQED","description":"The new system will strip certain identifying details from police reports and leave only key facts to govern charging decisions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"S.F. District Attorney Turns to AI to Reduce Racial Bias in Courts","datePublished":"2019-06-12T13:04:38-07:00","dateModified":"2024-07-16T02:22:02-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"Associated Press","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/06/SamayoaGasconAI.mp3","sticky":false,"nprByline":" Jocelyn Gecker\u003cbr>Associated Press ","audioTrackLength":64,"path":"/news/11754220/sf-district-attorney-turns-to-ai-to-reduce-racial-bias-in-courts","audioDuration":64000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a first-of-its kind experiment, San Francisco prosecutors are turning to artificial intelligence to reduce racial bias in the courts, adopting a system that strips certain identifying details from police reports and leaves only key facts to govern charging decisions.\u003c/p>\n\u003cp>District Attorney George Gascón announced Wednesday that his office will begin using the technology in July to “take race out of the equation” when deciding whether to accuse suspects of a crime.\u003c/p>\n\u003cp>Criminal justice experts say they have never heard of any project like it, and they applauded the idea as a creative, bold effort to make charging practices more colorblind.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"San Francisco District Attorney George Gascón","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gascón’s office worked with data scientists and engineers at the Stanford Computational Policy Lab to develop a system that takes electronic police reports and automatically removes a suspect’s name, race and hair and eye colors. The names of witnesses and police officers will also be removed, along with specific neighborhoods or districts that could indicate the race of those involved.\u003c/p>\n\u003cp>“The criminal justice system has had a horrible impact on people of color in this country, especially African Americans, for generations,” Gascón said in an interview ahead of the announcement. “If all prosecutors took race out of the picture when making charging decisions, we would probably be in a much better place as a nation than we are today.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Gascón, who leaves office at the end of the year, said his goal was to develop a model that could be used elsewhere, and the technology will be offered free to other prosecutors across the country.\u003c/p>\n\u003cp>“I really commend them, it’s a brave move,” said Lucy Lang, a former New York City prosecutor and executive director of the Institute for Innovation in Prosecution at John Jay College of Criminal Justice.\u003c/p>\n\u003cp>The technology relies on humans to collect the initial facts, which can still be influenced by racial bias. Prosecutors will make an initial charging decision based on the redacted police report. Then they will look at the entire report, with details restored, to see if there are any extenuating reasons to reconsider the first decision, Gascón said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11753870,news_11750997,news_11742529","label":"More on the criminal justice system "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Lang and other experts said they look forward to seeing the results and that they expect the system to be a work in progress.\u003c/p>\n\u003cp>“Hats off for trying new stuff,” said Phillip Atiba Goff, president for the \u003ca href=\"https://policingequity.org\" target=\"_blank\" rel=\"noopener\">Center for Policing Equity\u003c/a>. “There are so many contextual factors that might indicate race and ethnicity that it’s hard to imagine how even a human could take that all out.”\u003c/p>\n\u003cp>A 2017 study commissioned by the San Francisco district attorney found “substantial racial and ethnic disparities in criminal justice outcomes.” African Americans represented only 6% of the county’s population but accounted for 41% of arrests between 2008 and 2014.\u003c/p>\n\u003cp>The study found “little evidence of overt bias against any one race or ethnic group” among prosecutors who process criminal offenses. But Gascón said he wanted to find a way to help eliminate an implicit bias that could be triggered by a suspect’s race, an ethnic-sounding name or a crime-ridden neighborhood where they were arrested.\u003c/p>\n\u003cp>After it begins, the program will be reviewed weekly, said Maria McKee, the DA’s director of analytics and research.\u003c/p>\n\u003cp>The move comes after San Francisco last month became the first U.S. city to ban the use of facial recognition by police and other city agencies. The decision reflected a growing backlash against AI technology as cities seek to regulate surveillance by municipal agencies.\u003c/p>\n\u003cp>\u003cem>KQED’s Monica Samayoa contributed reporting to this story\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11754220/sf-district-attorney-turns-to-ai-to-reduce-racial-bias-in-courts","authors":["byline_news_11754220"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_17725","news_19037","news_546","news_19216","news_559"],"featImg":"news_11754231","label":"source_news_11754220"},"news_11709769":{"type":"posts","id":"news_11709769","meta":{"index":"posts_1716263798","site":"news","id":"11709769","score":null,"sort":[1543899619000]},"guestAuthors":[],"slug":"california-arrest-rate-down-58-percent-since-1989-racial-disparities-remain-high","title":"California Arrest Rate Down 58 Percent Since 1989, Racial Disparities Remain High","publishDate":1543899619,"format":"standard","headTitle":"California Arrest Rate Down 58 Percent Since 1989, Racial Disparities Remain High | KQED","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Arrest rates in California are the lowest they’ve been in nearly four decades, but African-Americans continue to be arrested at a disproportionately high rate across the state, according to a new report released Monday evening.\u003c/p>\n\u003cp>Report co-author Magnus Lofstrom says he hopes the data in the Public Policy Institute of California’s latest analysis can be used as a starting point to finding solutions to those inequalities.\u003c/p>\n\u003cp>“The first step here in moving us toward solutions and less disparity is to create this shared understanding of the facts,” Lofstrom said, “and that’s how we can frame constructive, solutions-oriented discussions.”\u003c/p>\n\u003cp>Lofstrom and his colleagues studied arrest data from 1980 to 2016, and found rates had fallen 58 percent from their peak in 1989.\u003c/p>\n\u003cp>The \u003ca href=\"http://go.pardot.com/e/156151/arities-and-county-difference-/3qrkc4/901847919\" target=\"_blank\" rel=\"noopener\">PPIC analysis\u003c/a> determined that drop was driven primarily by a sharp decrease in the number of misdemeanor arrests and the rate of arrests of young people. The rate for kids 17 or younger dropped by 84 percent, and it went down 63 percent for those ages 18 to 24.\u003c/p>\n\u003cfigure id=\"attachment_11709872\" class=\"wp-caption aligncenter\" style=\"max-width: 650px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709872 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-3.png\" alt=\"\" width=\"650\" height=\"330\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3.png 650w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3-160x81.png 160w\" sizes=\"(max-width: 650px) 100vw, 650px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We don’t just see a drop in juvenile crime — juvenile crime has fallen off the table in California,” said Mike Males, senior research fellow with the San Francisco-based Center on Juvenile and Criminal Justice. “But the thing is, we don’t actually know why it occurred.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>There are several possibilities, including an evolution in how the state handles young people accused of crimes. In the mid-1990s, Congress required states to deal with disproportionate numbers of incarcerated youth. At the same time, California began shifting responsibility for juvenile offenders to the counties. And in 2007, California counties were allowed to commit only the most serious young offenders to state facilities.\u003c/p>\n\u003cp>“We really need to study these trends more than we have,” Males said. “We haven’t given sufficient attention to why they occurred.”\u003c/p>\n\u003cp>The flip side of the drop in youth arrests is that, according to the report, two-thirds of arrests in 2016 were of individuals between the ages of 18 and 39, though these age groups made up less than one-third of the population.\u003c/p>\n\u003cp>“I think it’s been recognized that really we’re shifting from an urban gang violence problem, which dominated all the news and attention in the 1990s, to an older, chronic drug-abusing population,” Males said. According to the data, rural counties like Lake, Siskiyou and Shasta have the highest arrest rates, while more urban counties like Riverside, Santa Clara and San Francisco have the lowest.\u003c/p>\n\u003cp>The report found a decline in arrest rates across all age, gender, and racial and ethnic groups, with African-Americans seeing the largest decline of about 12,000 fewer arrests per 100,000 African-American residents in 2016, compared to the high in 1989. Felony drug and property arrests of African-Americans fell dramatically, fueling the overall decline.\u003c/p>\n\u003cp>Arrest rates for African-Americans in 2016 were three times higher than those for white people, down from a peak of 3.6 times higher in the early 1990s. Those disparities hold true across the state, with at least 45 counties having an arrest rate for African-Americans that is at least double that of its white residents. Some counties — like \u003ca href=\"https://www.kqed.org/news/10573411/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\" rel=\"noopener\">San Francisco\u003c/a> and San Mateo — have differences of eight and nine times, respectively.\u003c/p>\n\u003cfigure id=\"attachment_11709871\" class=\"wp-caption aligncenter\" style=\"max-width: 688px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709871 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-2.png\" alt=\"\" width=\"688\" height=\"332\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2.png 688w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-160x77.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-240x116.png 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-375x181.png 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-520x251.png 520w\" sizes=\"(max-width: 688px) 100vw, 688px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We still see racial disproportion. A lot of it is due to poverty,” Males said, noting that poorer whites also have higher arrest rates. “So it’s partly racial, partly poverty. And it again points to the need for California to do something in a serious way about our income disparities and poverty disparities across the state.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Overall criminal justice policy in the state has varied widely over the course of the decades captured in the report, from tough-on-crime policies in the 1980s and the state’s three-strikes law passed in the 1990s, to more recent reforms like \u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\" target=\"_blank\" rel=\"noopener\">Proposition 47\u003c/a>, which passed in 2014 and reclassified many drug felonies to misdemeanors.\u003c/p>\n\n","blocks":[],"excerpt":"Downward trend largely driven by drop in juvenile crime, arrests.","status":"publish","parent":0,"modified":1721103634,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":711},"headData":{"title":"California Arrest Rate Down 58 Percent Since 1989, Racial Disparities Remain High | KQED","description":"Downward trend largely driven by drop in juvenile crime, arrests.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Arrest Rate Down 58 Percent Since 1989, Racial Disparities Remain High","datePublished":"2018-12-03T21:00:19-08:00","dateModified":"2024-07-15T21:20:34-07:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"path":"/news/11709769/california-arrest-rate-down-58-percent-since-1989-racial-disparities-remain-high","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Arrest rates in California are the lowest they’ve been in nearly four decades, but African-Americans continue to be arrested at a disproportionately high rate across the state, according to a new report released Monday evening.\u003c/p>\n\u003cp>Report co-author Magnus Lofstrom says he hopes the data in the Public Policy Institute of California’s latest analysis can be used as a starting point to finding solutions to those inequalities.\u003c/p>\n\u003cp>“The first step here in moving us toward solutions and less disparity is to create this shared understanding of the facts,” Lofstrom said, “and that’s how we can frame constructive, solutions-oriented discussions.”\u003c/p>\n\u003cp>Lofstrom and his colleagues studied arrest data from 1980 to 2016, and found rates had fallen 58 percent from their peak in 1989.\u003c/p>\n\u003cp>The \u003ca href=\"http://go.pardot.com/e/156151/arities-and-county-difference-/3qrkc4/901847919\" target=\"_blank\" rel=\"noopener\">PPIC analysis\u003c/a> determined that drop was driven primarily by a sharp decrease in the number of misdemeanor arrests and the rate of arrests of young people. The rate for kids 17 or younger dropped by 84 percent, and it went down 63 percent for those ages 18 to 24.\u003c/p>\n\u003cfigure id=\"attachment_11709872\" class=\"wp-caption aligncenter\" style=\"max-width: 650px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709872 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-3.png\" alt=\"\" width=\"650\" height=\"330\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3.png 650w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-3-160x81.png 160w\" sizes=\"(max-width: 650px) 100vw, 650px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We don’t just see a drop in juvenile crime — juvenile crime has fallen off the table in California,” said Mike Males, senior research fellow with the San Francisco-based Center on Juvenile and Criminal Justice. “But the thing is, we don’t actually know why it occurred.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>There are several possibilities, including an evolution in how the state handles young people accused of crimes. In the mid-1990s, Congress required states to deal with disproportionate numbers of incarcerated youth. At the same time, California began shifting responsibility for juvenile offenders to the counties. And in 2007, California counties were allowed to commit only the most serious young offenders to state facilities.\u003c/p>\n\u003cp>“We really need to study these trends more than we have,” Males said. “We haven’t given sufficient attention to why they occurred.”\u003c/p>\n\u003cp>The flip side of the drop in youth arrests is that, according to the report, two-thirds of arrests in 2016 were of individuals between the ages of 18 and 39, though these age groups made up less than one-third of the population.\u003c/p>\n\u003cp>“I think it’s been recognized that really we’re shifting from an urban gang violence problem, which dominated all the news and attention in the 1990s, to an older, chronic drug-abusing population,” Males said. According to the data, rural counties like Lake, Siskiyou and Shasta have the highest arrest rates, while more urban counties like Riverside, Santa Clara and San Francisco have the lowest.\u003c/p>\n\u003cp>The report found a decline in arrest rates across all age, gender, and racial and ethnic groups, with African-Americans seeing the largest decline of about 12,000 fewer arrests per 100,000 African-American residents in 2016, compared to the high in 1989. Felony drug and property arrests of African-Americans fell dramatically, fueling the overall decline.\u003c/p>\n\u003cp>Arrest rates for African-Americans in 2016 were three times higher than those for white people, down from a peak of 3.6 times higher in the early 1990s. Those disparities hold true across the state, with at least 45 counties having an arrest rate for African-Americans that is at least double that of its white residents. Some counties — like \u003ca href=\"https://www.kqed.org/news/10573411/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco\" target=\"_blank\" rel=\"noopener\">San Francisco\u003c/a> and San Mateo — have differences of eight and nine times, respectively.\u003c/p>\n\u003cfigure id=\"attachment_11709871\" class=\"wp-caption aligncenter\" style=\"max-width: 688px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11709871 size-full\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Chart-2.png\" alt=\"\" width=\"688\" height=\"332\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2.png 688w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-160x77.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-240x116.png 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-375x181.png 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/12/Chart-2-520x251.png 520w\" sizes=\"(max-width: 688px) 100vw, 688px\">\u003cfigcaption class=\"wp-caption-text\">Public Policy Institute of California\u003c/figcaption>\u003c/figure>\n\u003cp>“We still see racial disproportion. A lot of it is due to poverty,” Males said, noting that poorer whites also have higher arrest rates. “So it’s partly racial, partly poverty. And it again points to the need for California to do something in a serious way about our income disparities and poverty disparities across the state.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Overall criminal justice policy in the state has varied widely over the course of the decades captured in the report, from tough-on-crime policies in the 1980s and the state’s three-strikes law passed in the 1990s, to more recent reforms like \u003ca href=\"https://www.kqed.org/news/10652368/proposition-47-gives-former-felons-a-new-chance\" target=\"_blank\" rel=\"noopener\">Proposition 47\u003c/a>, which passed in 2014 and reclassified many drug felonies to misdemeanors.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11709769/california-arrest-rate-down-58-percent-since-1989-racial-disparities-remain-high","authors":["11260"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_17725","news_19037","news_347"],"featImg":"news_11709867","label":"news_72"},"news_10813726":{"type":"posts","id":"news_10813726","meta":{"index":"posts_1716263798","site":"news","id":"10813726","score":null,"sort":[1451487641000]},"parent":0,"labelTerm":{"site":"news","term":72},"blocks":[],"publishDate":1451487641,"format":"standard","disqusTitle":"State to Improve Police Use-of-Force Data Next Year Under New Law","title":"State to Improve Police Use-of-Force Data Next Year Under New Law","headTitle":"The California Report | KQED News","content":"\u003cp>Every law enforcement agency in California will be required to collect expanded statistics on violence between police and the public next year under a new state law that takes effect Jan. 1.\u003c/p>\n\u003cp>And by 2017, the state could have something it's never had before: an accurate account of how many people are shot, seriously injured or killed by peace officers throughout California. Then the California Attorney General's Office plans to publish it.\u003c/p>\n\u003cp>\"The public and law enforcement need each other to keep our communities safe,\" Attorney General Kamala Harris said in a statement announcing guidelines for the new reporting requirements. \"California is leading the nation in promoting accountability through open data, which will strengthen trust between law enforcement and the communities that we are sworn to protect.\"\u003c/p>\n\u003cp>Heightened attention on fatal shootings by police officers in 2014 exposed what legal observers and some law enforcement leaders have variously called the \"\u003ca href=\"https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&cad=rja&uact=8&ved=0ahUKEwjLtaWzrILKAhUH-2MKHVLhCj8QFggxMAU&url=http%3A%2F%2Fwww.nytimes.com%2F2015%2F08%2F12%2Fus%2Fdata-on-use-of-force-by-police-across-us-proves-almost-useless.html&usg=AFQjCNGoib_MCvOt0xySUQDLEStHEUCqfA&bvm=bv.110151844,d.cGc\" target=\"_blank\">national embarrassment\u003c/a>\" and \"\u003ca href=\"https://www.washingtonpost.com/national/fbi-to-sharply-expand-system-for-tracking-fatal-police-shootings/2015/12/08/a60fbc16-9dd4-11e5-bce4-708fe33e3288_story.html\" target=\"_blank\">travesty\u003c/a>\" that constitutes national data collection on deadly use of force by law enforcement. The only current official count is part of the FBI's Uniform Crime Report, which catalogs crime statistics voluntarily provided by local law enforcement agencies. But the FBI's data appear to miss more than half the fatal police shootings in the U.S. every year, \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/tables/expanded-homicide-data/expanded_homicide_data_table_14_justifiable_homicide_by_weapon_law_enforcement_2010-2014.xls\" target=\"_blank\">counting 444 in 2014\u003c/a>, and only one incident in which the fatally shot suspect allegedly had a knife.\u003cbr>\n[contextly_sidebar id=\"f0vJat7WDSNtS58FZQ7bQSn66PfJpDo1\"]\u003cbr>\nCriminal justice researchers have \u003ca href=\"http://ww2.kqed.org/news/2014/04/08/california-deadliest-state-for-shootings-by-police\" target=\"_blank\">long estimated\u003c/a> that more than 1,000 people are killed by U.S. law enforcement every year. \"\u003ca href=\"http://www.theguardian.com/us-news/ng-interactive/2015/jun/01/the-counted-police-killings-us-database\" target=\"_blank\">The Counted\u003c/a>,\" a series by the UK Guardian attempting to tally fatalities at the hands of police, documented 1,126 killings in 2015 as of Tuesday.\u003c/p>\n\u003cp>FBI Director James Comey said this fall that the bureau would step up its data collection next year, adding that a lack of reliable nationwide statistics on police use of force is \"embarrassing and ridiculous,\" according to the \u003ca href=\"https://www.washingtonpost.com/national/fbi-director-calls-lack-of-data-on-police-shootings-ridiculous-embarrassing/2015/10/07/c0ebaf7a-6d16-11e5-b31c-d80d62b53e28_story.html\" target=\"_blank\">Washington Post\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"This undertaking will require tremendous effort and resources by our law enforcement and government partners, as well as the understanding of the media and the public,\" Comey said in a \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/resource-pages/message-from-director\" target=\"_blank\">statement\u003c/a> included in the FBI's \"2014 Crime in the United States\" report. \"But to continue in our current system without comprehensive data only stalls meaningful conversation and fuels empty debates, both within law enforcement and in the communities we serve.\"\u003c/p>\n\u003cp>By unofficial counts, California has consistently ranked as the deadliest state for police killings. With 207 this year, according to the Guardian, California police killed 100 more people than the state with the second-highest number of officer-involved fatalities.\u003c/p>\n\u003cp>And state-level tracking has been rife with inaccuracy. An Orange County Register \u003ca href=\"http://www.ocregister.com/articles/police-627391-shootings-department.html\" target=\"_blank\">investigation\u003c/a> last summer found that at least one in five fatal shootings by police were never reported to the state.\u003c/p>\n\u003cp>\"That data typically has been incomplete,\" Daniel Suvor, chief of policy for the California attorney general, told KQED Tuesday. \"About a third of police departments in California were collecting this type of information electronically. A third were collecting it on paper -- not tracking it electronically -- and a third weren’t collecting it at all. We thought it was important to inject numbers into the conversation.\"\u003c/p>\n\u003cp>State \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB71\" target=\"_blank\">Assembly Bill 71\u003c/a> requires law enforcement agencies to collect dozens of data points about every shooting or other use of force that results in serious injury or death. Local police and sheriff's departments will then report information that includes racial demographics, whether an arrest was made, the number of civilians and peace officers involved in the incident, whether the civilians were perceived to be armed, and what kind of weapon (if any) a suspect was confirmed to have.\u003c/p>\n\u003cp>The law also requires local agencies to track civilian uses of force against law enforcement officers.\u003c/p>\n\u003cp>\"Not only does the bill require reporting where an officer is involved in a shooting as the shooter, but also when an officer is involved in an incident and is the victim,\" California State Sheriffs' Association legislative director Cory Salzillo told KQED. \"What I hope will come from it is that there’s an understanding of how dangerous it is to be a law enforcement officer and the frequency of assaults committed against officers.\"\u003c/p>\n\u003cp>The association neither supported nor opposed AB71, Salzillo said. He said assuming that providing more data on police use of force could increase trust of law enforcement \"starts from a false premise.\"\u003c/p>\n\u003cp>\"I think there’s a misperception that communities don’t trust law enforcement,\" he said. \"By and large, the people that live in communities respect law enforcement and they appreciate what law enforcement does.\"\u003c/p>\n\u003cp>But another statewide policing organization, the Peace Officers Research Association of California, acknowledged a \"crisis of confidence\" between law enforcement and the public.\u003c/p>\n\u003cp>\"Law enforcement has shown we’re willing to be as transparent as possible to work with our communities to build trust,\" PORAC president Mike Durant told KQED, \"but our communities have to be willing to work with law enforcement as well.\"\u003c/p>\n\u003cp>The expanded use-of-force statistics will be included in the attorney general's \"\u003ca href=\"http://ww2.kqed.org/news/2015/09/02/open-justice-a-new-web-portal-to-arrest-and-death-statistics-in-california\" target=\"_blank\">Open Justice\u003c/a>\" initiative, which publicizes California criminal justice statistics on a dedicated website launched in September. Suvor said additional statistics on crime, unemployment, demographics and truancy are on the way.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Later this spring, we’re going to be releasing several new data sets that will show a broader view of how we’re doing, from education to criminal justice,\" he said. \"That’s how we are smart on crime -- take a look at the whole system.\"\u003c/p>\n\n","disqusIdentifier":"10813726 http://ww2.kqed.org/news/?p=10813726","disqusUrl":"https://ww2.kqed.org/news/2015/12/30/state-to-improve-police-use-of-force-data-next-year-under-new-law-2/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":932,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":20},"modified":1451501734,"excerpt":"Local law enforcement will be required to accurately track and report killings by officers as well as civilian assaults on police. ","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Local law enforcement will be required to accurately track and report killings by officers as well as civilian assaults on police. ","title":"State to Improve Police Use-of-Force Data Next Year Under New Law | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State to Improve Police Use-of-Force Data Next Year Under New Law","datePublished":"2015-12-30T07:00:41-08:00","dateModified":"2015-12-30T10:55:34-08:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"state-to-improve-police-use-of-force-data-next-year-under-new-law-2","status":"publish","path":"/news/10813726/state-to-improve-police-use-of-force-data-next-year-under-new-law-2","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Every law enforcement agency in California will be required to collect expanded statistics on violence between police and the public next year under a new state law that takes effect Jan. 1.\u003c/p>\n\u003cp>And by 2017, the state could have something it's never had before: an accurate account of how many people are shot, seriously injured or killed by peace officers throughout California. Then the California Attorney General's Office plans to publish it.\u003c/p>\n\u003cp>\"The public and law enforcement need each other to keep our communities safe,\" Attorney General Kamala Harris said in a statement announcing guidelines for the new reporting requirements. \"California is leading the nation in promoting accountability through open data, which will strengthen trust between law enforcement and the communities that we are sworn to protect.\"\u003c/p>\n\u003cp>Heightened attention on fatal shootings by police officers in 2014 exposed what legal observers and some law enforcement leaders have variously called the \"\u003ca href=\"https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&cad=rja&uact=8&ved=0ahUKEwjLtaWzrILKAhUH-2MKHVLhCj8QFggxMAU&url=http%3A%2F%2Fwww.nytimes.com%2F2015%2F08%2F12%2Fus%2Fdata-on-use-of-force-by-police-across-us-proves-almost-useless.html&usg=AFQjCNGoib_MCvOt0xySUQDLEStHEUCqfA&bvm=bv.110151844,d.cGc\" target=\"_blank\">national embarrassment\u003c/a>\" and \"\u003ca href=\"https://www.washingtonpost.com/national/fbi-to-sharply-expand-system-for-tracking-fatal-police-shootings/2015/12/08/a60fbc16-9dd4-11e5-bce4-708fe33e3288_story.html\" target=\"_blank\">travesty\u003c/a>\" that constitutes national data collection on deadly use of force by law enforcement. The only current official count is part of the FBI's Uniform Crime Report, which catalogs crime statistics voluntarily provided by local law enforcement agencies. But the FBI's data appear to miss more than half the fatal police shootings in the U.S. every year, \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/tables/expanded-homicide-data/expanded_homicide_data_table_14_justifiable_homicide_by_weapon_law_enforcement_2010-2014.xls\" target=\"_blank\">counting 444 in 2014\u003c/a>, and only one incident in which the fatally shot suspect allegedly had a knife.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003cbr>\nCriminal justice researchers have \u003ca href=\"http://ww2.kqed.org/news/2014/04/08/california-deadliest-state-for-shootings-by-police\" target=\"_blank\">long estimated\u003c/a> that more than 1,000 people are killed by U.S. law enforcement every year. \"\u003ca href=\"http://www.theguardian.com/us-news/ng-interactive/2015/jun/01/the-counted-police-killings-us-database\" target=\"_blank\">The Counted\u003c/a>,\" a series by the UK Guardian attempting to tally fatalities at the hands of police, documented 1,126 killings in 2015 as of Tuesday.\u003c/p>\n\u003cp>FBI Director James Comey said this fall that the bureau would step up its data collection next year, adding that a lack of reliable nationwide statistics on police use of force is \"embarrassing and ridiculous,\" according to the \u003ca href=\"https://www.washingtonpost.com/national/fbi-director-calls-lack-of-data-on-police-shootings-ridiculous-embarrassing/2015/10/07/c0ebaf7a-6d16-11e5-b31c-d80d62b53e28_story.html\" target=\"_blank\">Washington Post\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"This undertaking will require tremendous effort and resources by our law enforcement and government partners, as well as the understanding of the media and the public,\" Comey said in a \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/resource-pages/message-from-director\" target=\"_blank\">statement\u003c/a> included in the FBI's \"2014 Crime in the United States\" report. \"But to continue in our current system without comprehensive data only stalls meaningful conversation and fuels empty debates, both within law enforcement and in the communities we serve.\"\u003c/p>\n\u003cp>By unofficial counts, California has consistently ranked as the deadliest state for police killings. With 207 this year, according to the Guardian, California police killed 100 more people than the state with the second-highest number of officer-involved fatalities.\u003c/p>\n\u003cp>And state-level tracking has been rife with inaccuracy. An Orange County Register \u003ca href=\"http://www.ocregister.com/articles/police-627391-shootings-department.html\" target=\"_blank\">investigation\u003c/a> last summer found that at least one in five fatal shootings by police were never reported to the state.\u003c/p>\n\u003cp>\"That data typically has been incomplete,\" Daniel Suvor, chief of policy for the California attorney general, told KQED Tuesday. \"About a third of police departments in California were collecting this type of information electronically. A third were collecting it on paper -- not tracking it electronically -- and a third weren’t collecting it at all. We thought it was important to inject numbers into the conversation.\"\u003c/p>\n\u003cp>State \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB71\" target=\"_blank\">Assembly Bill 71\u003c/a> requires law enforcement agencies to collect dozens of data points about every shooting or other use of force that results in serious injury or death. Local police and sheriff's departments will then report information that includes racial demographics, whether an arrest was made, the number of civilians and peace officers involved in the incident, whether the civilians were perceived to be armed, and what kind of weapon (if any) a suspect was confirmed to have.\u003c/p>\n\u003cp>The law also requires local agencies to track civilian uses of force against law enforcement officers.\u003c/p>\n\u003cp>\"Not only does the bill require reporting where an officer is involved in a shooting as the shooter, but also when an officer is involved in an incident and is the victim,\" California State Sheriffs' Association legislative director Cory Salzillo told KQED. \"What I hope will come from it is that there’s an understanding of how dangerous it is to be a law enforcement officer and the frequency of assaults committed against officers.\"\u003c/p>\n\u003cp>The association neither supported nor opposed AB71, Salzillo said. He said assuming that providing more data on police use of force could increase trust of law enforcement \"starts from a false premise.\"\u003c/p>\n\u003cp>\"I think there’s a misperception that communities don’t trust law enforcement,\" he said. \"By and large, the people that live in communities respect law enforcement and they appreciate what law enforcement does.\"\u003c/p>\n\u003cp>But another statewide policing organization, the Peace Officers Research Association of California, acknowledged a \"crisis of confidence\" between law enforcement and the public.\u003c/p>\n\u003cp>\"Law enforcement has shown we’re willing to be as transparent as possible to work with our communities to build trust,\" PORAC president Mike Durant told KQED, \"but our communities have to be willing to work with law enforcement as well.\"\u003c/p>\n\u003cp>The expanded use-of-force statistics will be included in the attorney general's \"\u003ca href=\"http://ww2.kqed.org/news/2015/09/02/open-justice-a-new-web-portal-to-arrest-and-death-statistics-in-california\" target=\"_blank\">Open Justice\u003c/a>\" initiative, which publicizes California criminal justice statistics on a dedicated website launched in September. Suvor said additional statistics on crime, unemployment, demographics and truancy are on the way.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"Later this spring, we’re going to be releasing several new data sets that will show a broader view of how we’re doing, from education to criminal justice,\" he said. \"That’s how we are smart on crime -- take a look at the whole system.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10813726/state-to-improve-police-use-of-force-data-next-year-under-new-law-2","authors":["3206"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8"],"tags":["news_19037","news_61","news_18046","news_17286","news_19379"],"featImg":"news_10813890","label":"news_72"},"news_10730520":{"type":"posts","id":"news_10730520","meta":{"index":"posts_1716263798","site":"news","id":"10730520","score":null,"sort":[1446589522000]},"parent":0,"labelTerm":{"site":"news","term":6944},"blocks":[],"publishDate":1446589522,"format":"standard","disqusTitle":"When Should S.F. Police Involved in Shootings Get to See Body-Cam Video?","title":"When Should S.F. Police Involved in Shootings Get to See Body-Cam Video?","headTitle":"News Fix | KQED News","content":"\u003cp>As San Francisco's Police Commission moves toward adopting a body-camera policy by early December, there's growing concern among city residents, legal scholars and attorneys that allowing officers to view body-camera videos of incidents in which they are potential criminal suspects exposes a double standard in investigations involving police.\u003c/p>\n\u003cp>The proposed practice could also conflict with a 26-year-old Supreme Court precedent on how to determine when a use of force is lawful.\u003c/p>\n\u003caside class=\"pullquote alignright\">'This is not a bloodless conversation, and this is not a bloodless policy.'\u003ccite>Nadia Kayyali,\u003cbr>\nElectronic Frontier Foundation activist\u003c/cite>\u003c/aside>\n\u003cp>And if police commissioners set to discuss the policy again Wednesday land the other way -- and don't allow officers involved in shootings to review footage before being interviewed -- police say it will set them up to be trapped in \"gotcha\" statements that don't exactly match what's on the video. The San Francisco Police Officers Association, the union representing rank-and-file members of the department, says that would end all voluntary cooperation with homicide investigations following a shooting or in-custody death.\u003c/p>\n\u003cp>\"This is one of the biggest issues on a national level,\" UC Hastings College of the Law Professor Rory Little said in an interview from Washington, D.C., where he was attending a conference on the legal issues surrounding police body cameras.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/231446151\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>\"People are struggling with this all over the country,\" Little said. \"San Francisco, as is often the case, is both a leader in thinking in this area and representative of the national-level controversy.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>However, San Francisco is not, by a long shot, the first Bay Area jurisdiction to wrestle with the nuances of body-camera policy. The Police Department has floundered for over four years in its attempts to launch an eventually abandoned pilot program. All Oakland field officers have worn body cameras since 2013, and \u003ca href=\"https://www.aclu.org/oakland-police-department-body-camera-policy\" target=\"_blank\">that department's policy\u003c/a> does not allow officers involved in shootings to view body-camera footage before they're interviewed. Officers are required to watch the footage at the end of the interview.\u003c/p>\n\u003caside class=\"pullquote alignright\">'If best evidence is the goal, then reviewing the video provides that ability. If gotcha is the goal ... officers invoking their Fifth Amendment rights shall be a normal course of business.'\u003ccite>Officer Kevin Lyons,\u003cbr>\nSan Francisco police\u003c/cite>\u003c/aside>\n\u003cp>\"The member will be given the opportunity to provide additional information to supplement his/her statement and may be asked additional questions by the investigators,\" Oakland's policy says.\u003c/p>\n\u003cp>In San Francisco, this issue in the department's \u003ca href=\"https://www.scribd.com/doc/288251246/SFPD-Draft-Body-Worn-Camera-Policy\" target=\"_blank\">draft policy\u003c/a> has exposed a stark divide between officers slated to wear the devices and civilians hopeful that deploying the devices could bring greater transparency and accountability.\u003c/p>\n\u003cp>\u003cstrong>Draft Policy, Investigations and Law\u003c/strong>\u003c/p>\n\u003cp>The conflict played out at a recent Police Commission meeting dedicated to gathering public input on the department's draft body-camera policy. The policy would allow officers to review video for most routine matters, but it contains suggested \"carve-outs\" in the following circumstances:\u003c/p>\n\u003cblockquote>\n\u003col>\n\u003cli>In an officer-involved shooting or in-custody death\u003c/li>\n\u003cli>If an officer is the subject of a criminal investigation\u003c/li>\n\u003cli>Or at the discretion of the Chief of Police or his/her designee\u003c/li>\n\u003c/ol>\n\u003c/blockquote>\n\u003cp>The draft isn't entirely clear on what should happen under those circumstances, though, according to Little. The list is followed by this qualification, which, Little said, appears to undo the exceptions:\u003c/p>\n\u003cblockquote>\u003cp>For the above listed circumstances, the Department's administrative or criminal investigator will coordinate with the member or the member's legal representative to arrange the viewing of the BWC recording prior to the member's interview.\u003c/p>\u003c/blockquote>\n\u003cp>The police union and public defender's office clashed about what the draft policy actually means. The union insists it would allow members to review footage before being interviewed; the public defender's office says it doesn't allow that.\u003c/p>\n\u003cp>[contextly_sidebar id=\"zRuW5gtnbcLXpAsclD5bSJxwNGjDqUew\"]\u003c/p>\n\u003cp>The battle over the body-camera policy parallels a conflict built into the Police Department's protocols for investigating officer-involved shootings. On one hand, officers are protected by the Fifth Amendment right to avoid incriminating themselves, and thus can't be forced to give a statement. On the other hand, they're bound by Police Department policies that require them, as employees, to cooperate with investigations. They can be fired if they refuse to give a statement, according to Police Chief Greg Suhr.\u003c/p>\n\u003cp>Investigations of officer-involved shootings in San Francisco are highly complicated, SFPD internal affairs Sgt. John Crudo said, due not only to the conflict between constitutional rights and labor law, but also the potential for several jurisdictions, Police Department divisions and city departments to become involved. Crudo produced this \"plain-English\" description of the process, drawn from state and federal law and several department general orders:\u003c/p>\n\u003cp>[scribd id=288238790 key=key-gCE3prEiUln623d9w30E mode=slideshow]\u003c/p>\n\u003cp>\"Interviews [of involved officers] are conducted by the investigators as close to the time of the incident as possible,\" Crudo said. \"It's important to understand this interview is provided voluntarily. ... The officer retains their Fifth Amendment rights.\"\u003c/p>\n\u003cp>At the outset of an interview, homicide investigators, along with a district attorney's investigator and a prosecutor, tell the officer he or she is not under arrest and is free to go -- a formality called a Beheler advisement or admonishment.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I want to know that an officer’s report, which is often taken as a true and accurate depiction of events, was not tailored to fit what is visible on the video footage,'\u003ccite>Chelsea Ducote,\u003cbr>\nSan Francisco resident\u003c/cite>\u003c/aside>\n\u003cp>\"No suspect in an incident can be forced to make a statement against themselves, to self-incriminate,\" Crudo said. \"That's a constitutional right. It's guaranteed in the Fifth Amendment. That includes police officers. However, a police officer can be compelled to make a statement at the risk of their job.\"\u003c/p>\n\u003cp>A statement can be compelled through what's called a Lybarger admonishment, after the California Supreme Court case Lybarger v. City of Los Angeles.\u003c/p>\n\u003cp>\u003cstrong>Police Urge Review\u003c/strong>\u003c/p>\n\u003cp>The conflict rarely arises now, according to SFPOA President Martin Halloran, but he has repeatedly promised that would change if officers involved in shootings are not allowed to view body-camera footage before their interviews.\u003c/p>\n\u003cp>\"If they're not allowed to view the footage, they will be advised by their counsel not to provide that voluntary statement,\" he said. \"I believe this will be less transparent. It will be taking a step backward here in San Francisco.\"\u003c/p>\n\u003cp>Halloran was joined by more than a half-dozen current and former San Francisco officers, who urged the commission to allow \"pre-interview review.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'As a former prosecutor, it’s not something I would normally do with a suspect. I would not normally show a suspect evidence before I interview them.'\u003ccite>Rory Little,\u003cbr>\nUC Hastings law professor\u003c/cite>\u003c/aside>\n\u003cp>Homicide investigator Chris Canning was among them.\u003c/p>\n\u003cp>\"My fear personally is that if officers are unwilling to give a voluntary statement,\" he said, \"I will be unable to, in a timely manner, recreate an incident with available evidence.\"\u003c/p>\n\u003cp>Officer Kevin Lyons asked commissioners to put themselves in the shoes of a beat cop.\u003c/p>\n\u003cp>\"When video evidence is reviewed by the district attorney, public defender, law enforcement and attorneys, it is reviewed for days, weeks, if not months, and then dissected frame by frame,\" he said. \"If best evidence is the goal, then reviewing the video provides that ability. If gotcha is the goal ... officers invoking their Fifth Amendment rights shall be a normal course of business.\"\u003c/p>\n\u003cp>Attorneys with the San Francisco Public Defender's Office and San Francisco Bar Association say there's nothing wrong with allowing an officer to provide a supplemental statement later -- the procedure Oakland follows.\u003c/p>\n\u003cp>\"That gives them a perfect opportunity to give a full report,\" Deputy Public Defender Chris Hite said, \"but also it doesn’t take away the perceptions officers would have without video.\"\u003c/p>\n\u003cp>\u003cstrong>'Objective Reasonableness'\u003c/strong>\u003c/p>\n\u003cp>An officer's perception is central to a 1989 Supreme Court ruling that further clouds the issue. \u003ca href=\"https://supreme.justia.com/cases/federal/us/490/386/\" target=\"_blank\">Graham v. Connor\u003c/a> established an \"objective reasonableness\" standard for deciding the legality of a use of force by a police officer under the Fourth Amendment.\u003c/p>\n\u003cp>\"The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight,\" according to the ruling.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We’re trying to get to the truth, and we want to give the officer an opportunity to have a full context of what occurred.'\u003ccite>George Gascón,\u003cbr>\nSan Francisco district attorney\u003c/cite>\u003c/aside>\n\u003cp>Internal Affairs Sgt. Crudo described Graham's impact on officer-involved shooting investigations this way:\u003c/p>\n\u003cp>\"[Investigators] are going to want to know what training and experience the officer has, what information was known to the officer when force was used,\" he said. \"It's not what information is out there, but what did the officer know, what did the officer act upon? What did the officer see and perceive at the time force was used, and why did the officer act or react using force?\"\u003c/p>\n\u003cp>Law professor Little said there is no shortage of research finding that, even without an intent to mislead, viewing video of an event will alter recollections.\u003c/p>\n\u003cp>\"All human perception is influenced by what we think the evidence shows,\" he said. \"It is useful to get a witness's perception before their perception is altered by whatever they think the evidence might be against them. ... I have to say that as a former prosecutor, it's not something I would normally do with a suspect. I would not normally show a suspect evidence before I interview them.\"\u003c/p>\n\u003cp>But San Francisco District Attorney George Gascón -- a former cop who served as San Francisco police chief -- supports allowing officers to view video before being interviewed.\u003c/p>\n\u003cp>\"We're trying to get to the bottom of things,\" he said. \"We're trying to get to the truth, and we want to give the officer an opportunity to have a full context of what occurred.\"\u003c/p>\n\u003cp>\u003cstrong>Public Disagrees\u003c/strong>\u003c/p>\n\u003cp>The overwhelming majority of San Francisco residents testifying before the Police Commission disagree.\u003c/p>\n\u003cp>\"I want to know that an officer's report, which is often taken as a true and accurate depiction of events, was not tailored to fit what is visible on the video footage,\" San Francisco resident Chelsea Ducote told the commission. \"I want transparency. I want accountability. I want to know that SFPD is doing everything it can to have the most upstanding and honest individuals protecting us.\"\u003c/p>\n\u003cp>Electronic Frontier Foundation activist Nadia Kayyali recited the names of several people shot and killed by San Francisco police in recent years before urging the commission to prevent officers from watching body-camera video before making a statement.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\"This is not a bloodless conversation,\" she said, \"and this is not a bloodless policy.\"\u003c/p>\n\n","disqusIdentifier":"10730520 http://ww2.kqed.org/news/?p=10730520","disqusUrl":"https://ww2.kqed.org/news/2015/11/03/draft-when-should-s-f-police-involved-in-shootings-view-body-cam-footage/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":1842,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":48},"modified":1451452136,"excerpt":"Complex case law weighs on point of contention between police officers and civilians.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Complex case law weighs on point of contention between police officers and civilians.","title":"When Should S.F. Police Involved in Shootings Get to See Body-Cam Video? | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"When Should S.F. Police Involved in Shootings Get to See Body-Cam Video?","datePublished":"2015-11-03T14:25:22-08:00","dateModified":"2015-12-29T21:08:56-08:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"draft-when-should-s-f-police-involved-in-shootings-view-body-cam-footage","status":"publish","path":"/news/10730520/draft-when-should-s-f-police-involved-in-shootings-view-body-cam-footage","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As San Francisco's Police Commission moves toward adopting a body-camera policy by early December, there's growing concern among city residents, legal scholars and attorneys that allowing officers to view body-camera videos of incidents in which they are potential criminal suspects exposes a double standard in investigations involving police.\u003c/p>\n\u003cp>The proposed practice could also conflict with a 26-year-old Supreme Court precedent on how to determine when a use of force is lawful.\u003c/p>\n\u003caside class=\"pullquote alignright\">'This is not a bloodless conversation, and this is not a bloodless policy.'\u003ccite>Nadia Kayyali,\u003cbr>\nElectronic Frontier Foundation activist\u003c/cite>\u003c/aside>\n\u003cp>And if police commissioners set to discuss the policy again Wednesday land the other way -- and don't allow officers involved in shootings to review footage before being interviewed -- police say it will set them up to be trapped in \"gotcha\" statements that don't exactly match what's on the video. The San Francisco Police Officers Association, the union representing rank-and-file members of the department, says that would end all voluntary cooperation with homicide investigations following a shooting or in-custody death.\u003c/p>\n\u003cp>\"This is one of the biggest issues on a national level,\" UC Hastings College of the Law Professor Rory Little said in an interview from Washington, D.C., where he was attending a conference on the legal issues surrounding police body cameras.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/231446151&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/231446151'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"People are struggling with this all over the country,\" Little said. \"San Francisco, as is often the case, is both a leader in thinking in this area and representative of the national-level controversy.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>However, San Francisco is not, by a long shot, the first Bay Area jurisdiction to wrestle with the nuances of body-camera policy. The Police Department has floundered for over four years in its attempts to launch an eventually abandoned pilot program. All Oakland field officers have worn body cameras since 2013, and \u003ca href=\"https://www.aclu.org/oakland-police-department-body-camera-policy\" target=\"_blank\">that department's policy\u003c/a> does not allow officers involved in shootings to view body-camera footage before they're interviewed. Officers are required to watch the footage at the end of the interview.\u003c/p>\n\u003caside class=\"pullquote alignright\">'If best evidence is the goal, then reviewing the video provides that ability. If gotcha is the goal ... officers invoking their Fifth Amendment rights shall be a normal course of business.'\u003ccite>Officer Kevin Lyons,\u003cbr>\nSan Francisco police\u003c/cite>\u003c/aside>\n\u003cp>\"The member will be given the opportunity to provide additional information to supplement his/her statement and may be asked additional questions by the investigators,\" Oakland's policy says.\u003c/p>\n\u003cp>In San Francisco, this issue in the department's \u003ca href=\"https://www.scribd.com/doc/288251246/SFPD-Draft-Body-Worn-Camera-Policy\" target=\"_blank\">draft policy\u003c/a> has exposed a stark divide between officers slated to wear the devices and civilians hopeful that deploying the devices could bring greater transparency and accountability.\u003c/p>\n\u003cp>\u003cstrong>Draft Policy, Investigations and Law\u003c/strong>\u003c/p>\n\u003cp>The conflict played out at a recent Police Commission meeting dedicated to gathering public input on the department's draft body-camera policy. The policy would allow officers to review video for most routine matters, but it contains suggested \"carve-outs\" in the following circumstances:\u003c/p>\n\u003cblockquote>\n\u003col>\n\u003cli>In an officer-involved shooting or in-custody death\u003c/li>\n\u003cli>If an officer is the subject of a criminal investigation\u003c/li>\n\u003cli>Or at the discretion of the Chief of Police or his/her designee\u003c/li>\n\u003c/ol>\n\u003c/blockquote>\n\u003cp>The draft isn't entirely clear on what should happen under those circumstances, though, according to Little. The list is followed by this qualification, which, Little said, appears to undo the exceptions:\u003c/p>\n\u003cblockquote>\u003cp>For the above listed circumstances, the Department's administrative or criminal investigator will coordinate with the member or the member's legal representative to arrange the viewing of the BWC recording prior to the member's interview.\u003c/p>\u003c/blockquote>\n\u003cp>The police union and public defender's office clashed about what the draft policy actually means. The union insists it would allow members to review footage before being interviewed; the public defender's office says it doesn't allow that.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The battle over the body-camera policy parallels a conflict built into the Police Department's protocols for investigating officer-involved shootings. On one hand, officers are protected by the Fifth Amendment right to avoid incriminating themselves, and thus can't be forced to give a statement. On the other hand, they're bound by Police Department policies that require them, as employees, to cooperate with investigations. They can be fired if they refuse to give a statement, according to Police Chief Greg Suhr.\u003c/p>\n\u003cp>Investigations of officer-involved shootings in San Francisco are highly complicated, SFPD internal affairs Sgt. John Crudo said, due not only to the conflict between constitutional rights and labor law, but also the potential for several jurisdictions, Police Department divisions and city departments to become involved. Crudo produced this \"plain-English\" description of the process, drawn from state and federal law and several department general orders:\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003ciframe\n class=\"scribd_iframe_embed\"\n src=\"//www.scribd.com/embeds/288238790/content?start_page=1&view_mode=&access_key=key-gCE3prEiUln623d9w30E\"\n title=\"http://www.scribd.com/doc/288238790\"\n data-auto-height=\"true\" scrolling=\"no\" id=\"scribd_288238790\"\n width=\"100%\" height=\"500\" frameborder=\"0\">\u003c/iframe>\n \u003ca class=\"utils-parseShortcode-shortcodes-__scribdShortcode__scribd_footer\"\n href=\"http://www.scribd.com/doc/288238790\"\n target=\"_blank\" rel=\"noopener noreferrer\">View this document on Scribd\u003c/a>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"Interviews [of involved officers] are conducted by the investigators as close to the time of the incident as possible,\" Crudo said. \"It's important to understand this interview is provided voluntarily. ... The officer retains their Fifth Amendment rights.\"\u003c/p>\n\u003cp>At the outset of an interview, homicide investigators, along with a district attorney's investigator and a prosecutor, tell the officer he or she is not under arrest and is free to go -- a formality called a Beheler advisement or admonishment.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I want to know that an officer’s report, which is often taken as a true and accurate depiction of events, was not tailored to fit what is visible on the video footage,'\u003ccite>Chelsea Ducote,\u003cbr>\nSan Francisco resident\u003c/cite>\u003c/aside>\n\u003cp>\"No suspect in an incident can be forced to make a statement against themselves, to self-incriminate,\" Crudo said. \"That's a constitutional right. It's guaranteed in the Fifth Amendment. That includes police officers. However, a police officer can be compelled to make a statement at the risk of their job.\"\u003c/p>\n\u003cp>A statement can be compelled through what's called a Lybarger admonishment, after the California Supreme Court case Lybarger v. City of Los Angeles.\u003c/p>\n\u003cp>\u003cstrong>Police Urge Review\u003c/strong>\u003c/p>\n\u003cp>The conflict rarely arises now, according to SFPOA President Martin Halloran, but he has repeatedly promised that would change if officers involved in shootings are not allowed to view body-camera footage before their interviews.\u003c/p>\n\u003cp>\"If they're not allowed to view the footage, they will be advised by their counsel not to provide that voluntary statement,\" he said. \"I believe this will be less transparent. It will be taking a step backward here in San Francisco.\"\u003c/p>\n\u003cp>Halloran was joined by more than a half-dozen current and former San Francisco officers, who urged the commission to allow \"pre-interview review.\"\u003c/p>\n\u003caside class=\"pullquote alignright\">'As a former prosecutor, it’s not something I would normally do with a suspect. I would not normally show a suspect evidence before I interview them.'\u003ccite>Rory Little,\u003cbr>\nUC Hastings law professor\u003c/cite>\u003c/aside>\n\u003cp>Homicide investigator Chris Canning was among them.\u003c/p>\n\u003cp>\"My fear personally is that if officers are unwilling to give a voluntary statement,\" he said, \"I will be unable to, in a timely manner, recreate an incident with available evidence.\"\u003c/p>\n\u003cp>Officer Kevin Lyons asked commissioners to put themselves in the shoes of a beat cop.\u003c/p>\n\u003cp>\"When video evidence is reviewed by the district attorney, public defender, law enforcement and attorneys, it is reviewed for days, weeks, if not months, and then dissected frame by frame,\" he said. \"If best evidence is the goal, then reviewing the video provides that ability. If gotcha is the goal ... officers invoking their Fifth Amendment rights shall be a normal course of business.\"\u003c/p>\n\u003cp>Attorneys with the San Francisco Public Defender's Office and San Francisco Bar Association say there's nothing wrong with allowing an officer to provide a supplemental statement later -- the procedure Oakland follows.\u003c/p>\n\u003cp>\"That gives them a perfect opportunity to give a full report,\" Deputy Public Defender Chris Hite said, \"but also it doesn’t take away the perceptions officers would have without video.\"\u003c/p>\n\u003cp>\u003cstrong>'Objective Reasonableness'\u003c/strong>\u003c/p>\n\u003cp>An officer's perception is central to a 1989 Supreme Court ruling that further clouds the issue. \u003ca href=\"https://supreme.justia.com/cases/federal/us/490/386/\" target=\"_blank\">Graham v. Connor\u003c/a> established an \"objective reasonableness\" standard for deciding the legality of a use of force by a police officer under the Fourth Amendment.\u003c/p>\n\u003cp>\"The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight,\" according to the ruling.\u003c/p>\n\u003caside class=\"pullquote alignright\">'We’re trying to get to the truth, and we want to give the officer an opportunity to have a full context of what occurred.'\u003ccite>George Gascón,\u003cbr>\nSan Francisco district attorney\u003c/cite>\u003c/aside>\n\u003cp>Internal Affairs Sgt. Crudo described Graham's impact on officer-involved shooting investigations this way:\u003c/p>\n\u003cp>\"[Investigators] are going to want to know what training and experience the officer has, what information was known to the officer when force was used,\" he said. \"It's not what information is out there, but what did the officer know, what did the officer act upon? What did the officer see and perceive at the time force was used, and why did the officer act or react using force?\"\u003c/p>\n\u003cp>Law professor Little said there is no shortage of research finding that, even without an intent to mislead, viewing video of an event will alter recollections.\u003c/p>\n\u003cp>\"All human perception is influenced by what we think the evidence shows,\" he said. \"It is useful to get a witness's perception before their perception is altered by whatever they think the evidence might be against them. ... I have to say that as a former prosecutor, it's not something I would normally do with a suspect. I would not normally show a suspect evidence before I interview them.\"\u003c/p>\n\u003cp>But San Francisco District Attorney George Gascón -- a former cop who served as San Francisco police chief -- supports allowing officers to view video before being interviewed.\u003c/p>\n\u003cp>\"We're trying to get to the bottom of things,\" he said. \"We're trying to get to the truth, and we want to give the officer an opportunity to have a full context of what occurred.\"\u003c/p>\n\u003cp>\u003cstrong>Public Disagrees\u003c/strong>\u003c/p>\n\u003cp>The overwhelming majority of San Francisco residents testifying before the Police Commission disagree.\u003c/p>\n\u003cp>\"I want to know that an officer's report, which is often taken as a true and accurate depiction of events, was not tailored to fit what is visible on the video footage,\" San Francisco resident Chelsea Ducote told the commission. \"I want transparency. I want accountability. I want to know that SFPD is doing everything it can to have the most upstanding and honest individuals protecting us.\"\u003c/p>\n\u003cp>Electronic Frontier Foundation activist Nadia Kayyali recited the names of several people shot and killed by San Francisco police in recent years before urging the commission to prevent officers from watching body-camera video before making a statement.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"This is not a bloodless conversation,\" she said, \"and this is not a bloodless policy.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10730520/draft-when-should-s-f-police-involved-in-shootings-view-body-cam-footage","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_18002","news_19037","news_545"],"featImg":"news_10743339","label":"news_6944"},"news_10713572":{"type":"posts","id":"news_10713572","meta":{"index":"posts_1716263798","site":"news","id":"10713572","score":null,"sort":[1444485605000]},"parent":0,"labelTerm":{"site":"news","term":6944},"blocks":[],"publishDate":1444485605,"format":"standard","disqusTitle":"Berkeley Police Release Pedestrian Stop Data After Charges of Racial Profiling","title":"Berkeley Police Release Pedestrian Stop Data After Charges of Racial Profiling","headTitle":"News Fix | KQED News","content":"\u003cp>The Berkeley Police Department just released an expanded \u003ca href=\"https://data.cityofberkeley.info/Public-Safety/Stop-Data-January-26-to-August-31-2015/6e9j-pj9p\" target=\"_blank\">set of demographic data\u003c/a> on people stopped, searched and arrested in the city.\u003c/p>\n\u003cp>It follows an \u003ca href=\"https://www.scribd.com/doc/283066052/Press-Release-Berkeley-Demographic-Results-2015\" target=\"_blank\">analysis of traffic stop data\u003c/a> produced by a coalition of groups including the local NAACP chapter and Berkeley Copwatch that found \"though Black people constitute less than 8 percent of Berkeley’s population, they were 30.5 percent of those stopped by police; whites, comprising 60 percent of Berkeley, were 36.7 percent of those stopped.\"\u003c/p>\n\u003cp>The groups obtained the data through a public records act request.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The coalition fought hard to make sure that pedestrian data was included because of the fact of the large population of homeless, disabled and other marginalized people here in Berkeley. We project that the disparity in the pedestrian data might be higher even than the traffic data.'\u003ccite>Mansour Id-Deen,\u003cbr>\nBerkeley NAACP Chair\u003c/cite>\u003c/aside>\n\u003cp>\"As the recent data released by the Berkeley Police Department shows, people of color, and especially African-Americans are disproportionately stopped,\" Chauncee Smith with the ACLU of California said.\u003c/p>\n\u003cp>And a greater proportion of black and Latino people pulled over were released without arrest or citation (66 percent and 56 percent respectively, compared to 38 percent of whites).\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"When you have a specific population disproportionately stopped but found less likely to have engaged in criminal activity, it indicates racial profiling,\" Smith said.\u003c/p>\n\u003cp>The new numbers cover the same time period and add bicycle and pedestrian stops to vehicle stop data.\u003c/p>\n\u003cp>\"Collection of data can assist and contribute to the national policing discussion, focus our attention internally on implicit bias and increase trust by making policing in Berkeley more transparent to the community,\" a Police Department \u003ca href=\"https://local.nixle.com/alert/5507755/?sub_id=1264962\" target=\"_blank\">statement\u003c/a> announcing the data's publication says.\u003c/p>\n\u003cp>Representatives from the Berkeley Police Department were not available Friday to answer questions about the expanded numbers released late Thursday. Codes for \"dispositions\" of stops -- including race, gender, age range, reason for the stop, the result of the stop, and whether a search took place -- are grouped together, making immediate analysis difficult.\u003c/p>\n\u003cp>However, the data adds more than 2,600 contacts between Berkeley police and people in the city, including 1,872 pedestrian stops, 326 bicycle stops and 482 suspicious vehicle stops.\u003c/p>\n\u003cp>Interactions with pedestrians are of particular concern, said Berkeley NAACP Chair Mansour Id-Deen.\u003c/p>\n\u003cp>\"The coalition fought hard to make sure that pedestrian data was included because of the fact of the large population of homeless, disabled and other marginalized people here in Berkeley,\" he said. \"We project that the disparity in the pedestrian data might be higher even than the traffic data. ... We’re extremely concerned about it.\"\u003c/p>\n\u003cp>The Police Department plans to update the newly released numbers every two months. If it does, Berkeley will join a growing list of jurisdictions regularly publishing pedestrian stop data.\u003cbr>\n[contextly_sidebar id=\"Wh4jaIonVjkgINDNhHuezSesBtzJlU6n\"]\u003c/p>\n\u003cp>The Oakland Police Department has published statistics on all discretionary stops -- traffic and pedestrian -- for over a year. OPD, along with the Richmond Police Department, is part of the national \u003ca href=\"https://www.whitehouse.gov/blog/2015/05/18/launching-police-data-initiative\" target=\"_blank\">Police Data Initiative\u003c/a> launched by the White House in May. The affiliated \u003ca href=\"https://codeforamerica.github.io/PoliceOpenDataCensus/TrafficandPedestrianStops.html\" target=\"_blank\">Police Open Data Census\u003c/a> lists five departments nationwide that regularly publish both traffic and pedestrian stop data, including Oakland.\u003c/p>\n\u003cp>Demographic stop data collection and reporting is on its way to every California police department under the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB953\" target=\"_blank\">Racial and Identity Profiling Act of 2015\u003c/a> signed into law by Gov. Jerry Brown Oct. 3.\u003c/p>\n\u003cp>The law requires extensive stop data collection but will take a few years to roll out. Departments with 1,000 or more must report stop data to the Attorney General by April 1, 2019, and smaller jurisdictions roll into the requirement through April of 2023.\u003c/p>\n\u003cp>\"It’s a monumental piece of legislation when it comes to the issues of police violence and discrimination,\" the ACLU's Smith said, \"not only for California but for the nation because it establishes a nationwide standard for tracking these issues.\"\u003c/p>\n\u003cp>But the law drew opposition and criticism from statewide law enforcement groups who argued the reporting requirements would overburden officers with mundane paperwork when they could be on the streets fighting crime.\u003c/p>\n\u003cp>\"We have contact with the public all the time that requires no documentation, no paperwork,\" Lt. Steve James, of the Long Beach Police Officers Association and California Fraternal Order of Police told the \u003ca href=\"http://www.latimes.com/local/crime/la-me-brown-reax-20151005-story.html\" target=\"_blank\">Los Angeles Times\u003c/a>. \"Now, the amount of time we have to spend doing documentation and paperwork has gone up. The time doing menial tasks has gone up.\"\u003c/p>\n\u003cp>But Smith and Id-Deen applaud move toward transparency, in Berkeley and elsewhere.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"What the Berkeley Police Department is doing is vitally important to helping us get a more detailed understanding of police community relations,\" Smith said. \"It gets to the heart of the issue that [the new law] would address.\"\u003c/p>\n\n","disqusIdentifier":"10713572 http://ww2.kqed.org/news/?p=10713572","disqusUrl":"https://ww2.kqed.org/news/2015/10/10/berkeley-pd-releases-pedestrian-stop-data-after-charges-of-racial-profiling/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":797,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":23},"modified":1451452207,"excerpt":"Department joins growing group of jurisdictions publishing demographic info about people stopped, searched and arrested.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Department joins growing group of jurisdictions publishing demographic info about people stopped, searched and arrested.","title":"Berkeley Police Release Pedestrian Stop Data After Charges of Racial Profiling | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Berkeley Police Release Pedestrian Stop Data After Charges of Racial Profiling","datePublished":"2015-10-10T07:00:05-07:00","dateModified":"2015-12-29T21:10:07-08:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"berkeley-pd-releases-pedestrian-stop-data-after-charges-of-racial-profiling","status":"publish","path":"/news/10713572/berkeley-pd-releases-pedestrian-stop-data-after-charges-of-racial-profiling","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Berkeley Police Department just released an expanded \u003ca href=\"https://data.cityofberkeley.info/Public-Safety/Stop-Data-January-26-to-August-31-2015/6e9j-pj9p\" target=\"_blank\">set of demographic data\u003c/a> on people stopped, searched and arrested in the city.\u003c/p>\n\u003cp>It follows an \u003ca href=\"https://www.scribd.com/doc/283066052/Press-Release-Berkeley-Demographic-Results-2015\" target=\"_blank\">analysis of traffic stop data\u003c/a> produced by a coalition of groups including the local NAACP chapter and Berkeley Copwatch that found \"though Black people constitute less than 8 percent of Berkeley’s population, they were 30.5 percent of those stopped by police; whites, comprising 60 percent of Berkeley, were 36.7 percent of those stopped.\"\u003c/p>\n\u003cp>The groups obtained the data through a public records act request.\u003c/p>\n\u003caside class=\"pullquote alignright\">'The coalition fought hard to make sure that pedestrian data was included because of the fact of the large population of homeless, disabled and other marginalized people here in Berkeley. We project that the disparity in the pedestrian data might be higher even than the traffic data.'\u003ccite>Mansour Id-Deen,\u003cbr>\nBerkeley NAACP Chair\u003c/cite>\u003c/aside>\n\u003cp>\"As the recent data released by the Berkeley Police Department shows, people of color, and especially African-Americans are disproportionately stopped,\" Chauncee Smith with the ACLU of California said.\u003c/p>\n\u003cp>And a greater proportion of black and Latino people pulled over were released without arrest or citation (66 percent and 56 percent respectively, compared to 38 percent of whites).\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"When you have a specific population disproportionately stopped but found less likely to have engaged in criminal activity, it indicates racial profiling,\" Smith said.\u003c/p>\n\u003cp>The new numbers cover the same time period and add bicycle and pedestrian stops to vehicle stop data.\u003c/p>\n\u003cp>\"Collection of data can assist and contribute to the national policing discussion, focus our attention internally on implicit bias and increase trust by making policing in Berkeley more transparent to the community,\" a Police Department \u003ca href=\"https://local.nixle.com/alert/5507755/?sub_id=1264962\" target=\"_blank\">statement\u003c/a> announcing the data's publication says.\u003c/p>\n\u003cp>Representatives from the Berkeley Police Department were not available Friday to answer questions about the expanded numbers released late Thursday. Codes for \"dispositions\" of stops -- including race, gender, age range, reason for the stop, the result of the stop, and whether a search took place -- are grouped together, making immediate analysis difficult.\u003c/p>\n\u003cp>However, the data adds more than 2,600 contacts between Berkeley police and people in the city, including 1,872 pedestrian stops, 326 bicycle stops and 482 suspicious vehicle stops.\u003c/p>\n\u003cp>Interactions with pedestrians are of particular concern, said Berkeley NAACP Chair Mansour Id-Deen.\u003c/p>\n\u003cp>\"The coalition fought hard to make sure that pedestrian data was included because of the fact of the large population of homeless, disabled and other marginalized people here in Berkeley,\" he said. \"We project that the disparity in the pedestrian data might be higher even than the traffic data. ... We’re extremely concerned about it.\"\u003c/p>\n\u003cp>The Police Department plans to update the newly released numbers every two months. If it does, Berkeley will join a growing list of jurisdictions regularly publishing pedestrian stop data.\u003cbr>\n\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Oakland Police Department has published statistics on all discretionary stops -- traffic and pedestrian -- for over a year. OPD, along with the Richmond Police Department, is part of the national \u003ca href=\"https://www.whitehouse.gov/blog/2015/05/18/launching-police-data-initiative\" target=\"_blank\">Police Data Initiative\u003c/a> launched by the White House in May. The affiliated \u003ca href=\"https://codeforamerica.github.io/PoliceOpenDataCensus/TrafficandPedestrianStops.html\" target=\"_blank\">Police Open Data Census\u003c/a> lists five departments nationwide that regularly publish both traffic and pedestrian stop data, including Oakland.\u003c/p>\n\u003cp>Demographic stop data collection and reporting is on its way to every California police department under the \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB953\" target=\"_blank\">Racial and Identity Profiling Act of 2015\u003c/a> signed into law by Gov. Jerry Brown Oct. 3.\u003c/p>\n\u003cp>The law requires extensive stop data collection but will take a few years to roll out. Departments with 1,000 or more must report stop data to the Attorney General by April 1, 2019, and smaller jurisdictions roll into the requirement through April of 2023.\u003c/p>\n\u003cp>\"It’s a monumental piece of legislation when it comes to the issues of police violence and discrimination,\" the ACLU's Smith said, \"not only for California but for the nation because it establishes a nationwide standard for tracking these issues.\"\u003c/p>\n\u003cp>But the law drew opposition and criticism from statewide law enforcement groups who argued the reporting requirements would overburden officers with mundane paperwork when they could be on the streets fighting crime.\u003c/p>\n\u003cp>\"We have contact with the public all the time that requires no documentation, no paperwork,\" Lt. Steve James, of the Long Beach Police Officers Association and California Fraternal Order of Police told the \u003ca href=\"http://www.latimes.com/local/crime/la-me-brown-reax-20151005-story.html\" target=\"_blank\">Los Angeles Times\u003c/a>. \"Now, the amount of time we have to spend doing documentation and paperwork has gone up. The time doing menial tasks has gone up.\"\u003c/p>\n\u003cp>But Smith and Id-Deen applaud move toward transparency, in Berkeley and elsewhere.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"What the Berkeley Police Department is doing is vitally important to helping us get a more detailed understanding of police community relations,\" Smith said. \"It gets to the heart of the issue that [the new law] would address.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10713572/berkeley-pd-releases-pedestrian-stop-data-after-charges-of-racial-profiling","authors":["3206"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_18199","news_19037","news_6501"],"featImg":"news_10713586","label":"news_6944"},"news_10666074":{"type":"posts","id":"news_10666074","meta":{"index":"posts_1716263798","site":"news","id":"10666074","score":null,"sort":[1441242029000]},"parent":0,"labelTerm":{"site":"news","term":72},"blocks":[],"publishDate":1441242029,"format":"standard","disqusTitle":"'Open Justice': A New Web Portal to Arrest and Death Statistics in California","title":"'Open Justice': A New Web Portal to Arrest and Death Statistics in California","headTitle":"The California Report | KQED News","content":"\u003cp>California Attorney General Kamala Harris unveiled a Web-based data tool Wednesday that catalogs nine years of arrest, death and assault statistics across the state's 400-plus law enforcement agencies.\u003c/p>\n\u003cp>Specifically, the \"\u003ca href=\"http://openjustice.doj.ca.gov/index.html\" target=\"_blank\">Open Justice\u003c/a>\" Web portal is broken into three broad categories -- arrest statistics, in-custody deaths (which include all types of use-of-force fatalities, such as officer-involved shootings) and law enforcement officers killed or assaulted in the line of duty.\u003c/p>\n\u003cp>Harris called the new publicly available data sets a \"down payment on transparency\" and a first step in what she hopes will eventually present a more holistic view of criminal justice in California.\u003c/p>\n\u003cp>\"This is the first kind of showing and transparency of this kind of information of any state in the country,\" Harris told reporters gathered in Los Angeles Wednesday. \"The California Department of Justice by the way, sits on a trove of data, a treasure trove of data. ... We want to share this with the public in a way that can encourage better public policy.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/222103141\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>At first glance, racial disparities in \u003ca href=\"http://openjustice.doj.ca.gov/arrests/overview.html\" target=\"_blank\">arrests\u003c/a> and \u003ca href=\"http://openjustice.doj.ca.gov/death-in-custody/overview.html\" target=\"_blank\">in-custody deaths\u003c/a> are readily apparent.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>From 2005 to 2013, black people made up 5.84 percent of the state's population, yet comprised 16.66 percent of those arrested. Asian/Pacific Islanders showed a similar disparity at 2.85 percent of the population and nearly 13 percent of arrests. California was 37.07 percent Hispanic over the nine-year time period, and 42.34 percent of those arrested were Hispanic, all according to \"Open Justice.\"\u003c/p>\n\u003cp>\"Over the last year, facts and figures have been thrown around with little or no ability to verify the data,\" said Rep. Karen Bass, D-Los Angeles. \"Accurate data will allow for distinctions to be made between tragic one-time incidents, and disturbing citywide or statewide trends.\"\u003c/p>\n\u003cp>But, Bass said, the disparities in the statewide statistics are troubling.\u003c/p>\n\u003cp>\"African-Americans are the most likely to be arrested at any age,\" she said.\u003c/p>\n\u003cp>[contextly_sidebar id=\"2qObhbBsfRj3n4AplcY9nvz61cyeQALh\"]\u003c/p>\n\u003cp>The DOJ recorded 909 arrest-related in-custody deaths between 2005 and 2014. That statistic includes \"incidents while the subject was in an officer's physical custody or under restraint (even if not formally under arrest) or killed by use of force,\" according to the database.\u003c/p>\n\u003cp>It includes officer-involved shootings, but is likely still undercounted, however, because arrest-stage deaths were not included in 2005, according to the California Attorney General's Office.\u003c/p>\n\u003cp>Nearly 75 percent of those deaths were at the hands of municipal police, and more than 20 percent of the homicides were by county sheriff's deputies. The California Highway Patrol accounted for most of the remaining 5.1 percent, with small slivers attributed to state prison corrections officers and other agencies.\u003c/p>\n\u003cp>Hispanics made up the largest ethnicity killed by law enforcement, at 43.5 percent, or 395 people killed. Black people made up more than 20 percent, with 184 deaths. There were 272 white people killed by California law enforcement over the 10-year period, or 29.9 percent of the whole.\u003c/p>\n\u003cp>\"African-Americans are 3.5 times more likely to die in the process of arrest,\" said UC Berkeley public policy professor Steven Raphael, who worked on the data sets before they were released Wednesday.\u003c/p>\n\u003cp>But, he said, there is less of a difference when the data are adjusted for higher arrest rates of black people.\u003c/p>\n\u003cp>\"It already focuses attention on, well, why is there that racial disparity in arrests?\" he said.\u003c/p>\n\u003cp>On the other side of the badge, the data portal reports 345 California law enforcement officers killed in the line of duty between 1980 and 2014, with 187 killed \"as a direct result of a criminal act by a suspect\" and 158 accidental deaths.\u003c/p>\n\u003cp>\"There have been 280,000 assaults against law enforcement officers in California since 1980,\" Harris said. \"I'll do the math for you: 8,000 assaults a year, and 30 percent of those result in injury.\"\u003c/p>\n\u003cp>Los Angeles Police Chief Charlie Beck said it's difficult for local law enforcement agencies to use the local data they collect without the context of statewide numbers.\u003c/p>\n\u003cp>\"Even better, I would like to have comparative data nationally,\" he said. \"I have a lot of statewide data because California is good about reporting. National data -- huge gap, huge gap.\"\u003c/p>\n\u003cp>The number of law enforcement officers killed and assaulted is well tracked by the FBI's \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/leoka/2013\" target=\"_blank\">Uniform Crime Reporting\u003c/a> Program, which is where the state got statistics for that data set. Nationwide tracking of arrests and in-custody deaths, however, is far less reliable, \u003ca href=\"http://www.washingtonpost.com/news/post-politics/wp/2014/12/11/congress-decides-to-get-serious-about-tracking-police-shootings/\" target=\"_blank\">despite recent legislation\u003c/a> aimed at improving tracking of officer-involved shootings.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Beck, Harris and Bass said they hope California's initiative will be replicated nationwide.\u003c/p>\n\n","disqusIdentifier":"10666074 http://ww2.kqed.org/news/?p=10666074","disqusUrl":"https://ww2.kqed.org/news/2015/09/02/open-justice-a-new-web-portal-to-arrest-and-death-statistics-in-california/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":820,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":26},"modified":1451452251,"excerpt":"Attorney general unveils data sets on arrests, in-custody deaths and law enforcement officers killed.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"Attorney general unveils data sets on arrests, in-custody deaths and law enforcement officers killed.","title":"'Open Justice': A New Web Portal to Arrest and Death Statistics in California | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Open Justice': A New Web Portal to Arrest and Death Statistics in California","datePublished":"2015-09-02T18:00:29-07:00","dateModified":"2015-12-29T21:10:51-08:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"open-justice-a-new-web-portal-to-arrest-and-death-statistics-in-california","status":"publish","path":"/news/10666074/open-justice-a-new-web-portal-to-arrest-and-death-statistics-in-california","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California Attorney General Kamala Harris unveiled a Web-based data tool Wednesday that catalogs nine years of arrest, death and assault statistics across the state's 400-plus law enforcement agencies.\u003c/p>\n\u003cp>Specifically, the \"\u003ca href=\"http://openjustice.doj.ca.gov/index.html\" target=\"_blank\">Open Justice\u003c/a>\" Web portal is broken into three broad categories -- arrest statistics, in-custody deaths (which include all types of use-of-force fatalities, such as officer-involved shootings) and law enforcement officers killed or assaulted in the line of duty.\u003c/p>\n\u003cp>Harris called the new publicly available data sets a \"down payment on transparency\" and a first step in what she hopes will eventually present a more holistic view of criminal justice in California.\u003c/p>\n\u003cp>\"This is the first kind of showing and transparency of this kind of information of any state in the country,\" Harris told reporters gathered in Los Angeles Wednesday. \"The California Department of Justice by the way, sits on a trove of data, a treasure trove of data. ... We want to share this with the public in a way that can encourage better public policy.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/222103141&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/222103141'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>At first glance, racial disparities in \u003ca href=\"http://openjustice.doj.ca.gov/arrests/overview.html\" target=\"_blank\">arrests\u003c/a> and \u003ca href=\"http://openjustice.doj.ca.gov/death-in-custody/overview.html\" target=\"_blank\">in-custody deaths\u003c/a> are readily apparent.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>From 2005 to 2013, black people made up 5.84 percent of the state's population, yet comprised 16.66 percent of those arrested. Asian/Pacific Islanders showed a similar disparity at 2.85 percent of the population and nearly 13 percent of arrests. California was 37.07 percent Hispanic over the nine-year time period, and 42.34 percent of those arrested were Hispanic, all according to \"Open Justice.\"\u003c/p>\n\u003cp>\"Over the last year, facts and figures have been thrown around with little or no ability to verify the data,\" said Rep. Karen Bass, D-Los Angeles. \"Accurate data will allow for distinctions to be made between tragic one-time incidents, and disturbing citywide or statewide trends.\"\u003c/p>\n\u003cp>But, Bass said, the disparities in the statewide statistics are troubling.\u003c/p>\n\u003cp>\"African-Americans are the most likely to be arrested at any age,\" she said.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The DOJ recorded 909 arrest-related in-custody deaths between 2005 and 2014. That statistic includes \"incidents while the subject was in an officer's physical custody or under restraint (even if not formally under arrest) or killed by use of force,\" according to the database.\u003c/p>\n\u003cp>It includes officer-involved shootings, but is likely still undercounted, however, because arrest-stage deaths were not included in 2005, according to the California Attorney General's Office.\u003c/p>\n\u003cp>Nearly 75 percent of those deaths were at the hands of municipal police, and more than 20 percent of the homicides were by county sheriff's deputies. The California Highway Patrol accounted for most of the remaining 5.1 percent, with small slivers attributed to state prison corrections officers and other agencies.\u003c/p>\n\u003cp>Hispanics made up the largest ethnicity killed by law enforcement, at 43.5 percent, or 395 people killed. Black people made up more than 20 percent, with 184 deaths. There were 272 white people killed by California law enforcement over the 10-year period, or 29.9 percent of the whole.\u003c/p>\n\u003cp>\"African-Americans are 3.5 times more likely to die in the process of arrest,\" said UC Berkeley public policy professor Steven Raphael, who worked on the data sets before they were released Wednesday.\u003c/p>\n\u003cp>But, he said, there is less of a difference when the data are adjusted for higher arrest rates of black people.\u003c/p>\n\u003cp>\"It already focuses attention on, well, why is there that racial disparity in arrests?\" he said.\u003c/p>\n\u003cp>On the other side of the badge, the data portal reports 345 California law enforcement officers killed in the line of duty between 1980 and 2014, with 187 killed \"as a direct result of a criminal act by a suspect\" and 158 accidental deaths.\u003c/p>\n\u003cp>\"There have been 280,000 assaults against law enforcement officers in California since 1980,\" Harris said. \"I'll do the math for you: 8,000 assaults a year, and 30 percent of those result in injury.\"\u003c/p>\n\u003cp>Los Angeles Police Chief Charlie Beck said it's difficult for local law enforcement agencies to use the local data they collect without the context of statewide numbers.\u003c/p>\n\u003cp>\"Even better, I would like to have comparative data nationally,\" he said. \"I have a lot of statewide data because California is good about reporting. National data -- huge gap, huge gap.\"\u003c/p>\n\u003cp>The number of law enforcement officers killed and assaulted is well tracked by the FBI's \u003ca href=\"https://www.fbi.gov/about-us/cjis/ucr/leoka/2013\" target=\"_blank\">Uniform Crime Reporting\u003c/a> Program, which is where the state got statistics for that data set. Nationwide tracking of arrests and in-custody deaths, however, is far less reliable, \u003ca href=\"http://www.washingtonpost.com/news/post-politics/wp/2014/12/11/congress-decides-to-get-serious-about-tracking-police-shootings/\" target=\"_blank\">despite recent legislation\u003c/a> aimed at improving tracking of officer-involved shootings.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Beck, Harris and Bass said they hope California's initiative will be replicated nationwide.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10666074/open-justice-a-new-web-portal-to-arrest-and-death-statistics-in-california","authors":["3206"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8"],"tags":["news_3014","news_19037","news_61","news_1470","news_19379"],"featImg":"news_10666333","label":"news_72"},"news_10573411":{"type":"posts","id":"news_10573411","meta":{"index":"posts_1716263798","site":"news","id":"10573411","score":null,"sort":[1435024451000]},"parent":0,"labelTerm":{"site":"news","term":6944},"blocks":[],"publishDate":1435024451,"format":"standard","disqusTitle":"Report: African-American Adults 7 Times as Likely as Whites to Be Arrested in San Francisco","title":"Report: African-American Adults 7 Times as Likely as Whites to Be Arrested in San Francisco","headTitle":"News Fix | KQED News","content":"\u003cp>Although African-Americans represent just 6 percent of San Francisco's adult population, they are seven times as likely as whites to be arrested, according to a report slated for release Tuesday.\u003c/p>\n\u003cp>The report, produced for a city and county advisory council, revealed wide disparities in arrest, booking and conviction rates. It also found that black adults in San Francisco were 11 times as likely to be booked into county jail and over 10 times as likely to be convicted of a crime.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/211705883\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Speaking at a June 23 news conference, San Francisco Public Defender Jeff Adachi described it as \"a damning report\" and called for the disparities to be addressed.\u003c/p>\n\u003cp>\"You would think that in San Francisco, where we have a very progressive reputation, that our treatment, particularly of people of color, would be much better but ... it's actually much worse than other parts of the state,\" Adachi said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The San Francisco Reentry Council, which coordinates local efforts to help adults released from the county jail, commissioned the report in November 2014. It was produced by the W. Haywood Burns Institute, a nonprofit organization working to reduce racial and ethnic disparities in the criminal justice system.\u003c/p>\n\u003cp>The institute's analysis, based on 2013 data, indicated that even as the city’s demographics shifted and overall arrest rates declined, the gap in arrest rates grew between African-American and white adults in San Francisco.\u003c/p>\n\u003cp>According to the report, 40 percent of people arrested, 44 percent of people booked into county jail and 40 percent of people convicted are African-American adults.\u003c/p>\n\u003cp>San Francisco Supervisor Jane Kim, who also spoke at the news conference, has been working with Adachi's office on initiatives aimed at addressing systematic inequality.\u003c/p>\n\u003cp>Across the board, Kim said, \"Arrests rates are going down. Violent crime is going down. … But reports like the one that's being released today by the Burns Institute demonstrate that San Francisco has far more to do.\"\u003c/p>\n\u003cp>Deputy Public Defender Chris Hite also called for improving racial diversity within the criminal justice system. \"It is not unusual for me to go to trial, and see in the jury pool when I'm representing an African-American male or female, not a single black person in the voir dire [jury pool]. Sometimes, there'll be one or two, and they may not even get called as an opportunity to serve on the jury.\"\u003c/p>\n\u003cp>The analysis, which is included in full at the bottom of this post, also found:\u003c/p>\n\u003cul>\n\u003cli>\"Rates of arrest are higher for black adults than white adults for every category of criminal offense.\"\u003c/li>\n\u003cli>\"Booking rates for black and Latino adults have increased over the past three years, while booking rates for white adults have decreased.\"\u003c/li>\n\u003cli>\"The top three residence Zip codes of black adults booked into County Jail were: 94102 (includes the Tenderloin), 94124 (Bayview-Hunters Point), and 94103 (South of Market).\"\u003c/li>\n\u003cli>\"Black adults in San Francisco (in the general population) are 10 times as likely as white adults in San Francisco (in the general population) to have a conviction in court.\"\u003c/li>\n\u003c/ul>\n\u003cp>Calls to the Reentry Council and the Burns Institute were not immediately returned.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/269412258/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_22763\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n","disqusIdentifier":"10573411 http://ww2.kqed.org/news/?p=10573411","disqusUrl":"https://ww2.kqed.org/news/2015/06/22/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco/","stats":{"hasVideo":false,"hasChartOrMap":false,"hasAudio":false,"hasPolis":false,"wordCount":565,"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"iframeSrcs":[],"paragraphCount":16},"modified":1451454521,"excerpt":"The report revealed wide disparities in arrest, booking and conviction rates in the city.","headData":{"twImgId":"","twTitle":"","ogTitle":"","ogImgId":"","twDescription":"","description":"The report revealed wide disparities in arrest, booking and conviction rates in the city.","title":"Report: African-American Adults 7 Times as Likely as Whites to Be Arrested in San Francisco | KQED","ogDescription":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Report: African-American Adults 7 Times as Likely as Whites to Be Arrested in San Francisco","datePublished":"2015-06-22T18:54:11-07:00","dateModified":"2015-12-29T21:48:41-08:00","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"True","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"guestAuthors":[],"slug":"report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco","status":"publish","path":"/news/10573411/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Although African-Americans represent just 6 percent of San Francisco's adult population, they are seven times as likely as whites to be arrested, according to a report slated for release Tuesday.\u003c/p>\n\u003cp>The report, produced for a city and county advisory council, revealed wide disparities in arrest, booking and conviction rates. It also found that black adults in San Francisco were 11 times as likely to be booked into county jail and over 10 times as likely to be convicted of a crime.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/211705883&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/211705883'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Speaking at a June 23 news conference, San Francisco Public Defender Jeff Adachi described it as \"a damning report\" and called for the disparities to be addressed.\u003c/p>\n\u003cp>\"You would think that in San Francisco, where we have a very progressive reputation, that our treatment, particularly of people of color, would be much better but ... it's actually much worse than other parts of the state,\" Adachi said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The San Francisco Reentry Council, which coordinates local efforts to help adults released from the county jail, commissioned the report in November 2014. It was produced by the W. Haywood Burns Institute, a nonprofit organization working to reduce racial and ethnic disparities in the criminal justice system.\u003c/p>\n\u003cp>The institute's analysis, based on 2013 data, indicated that even as the city’s demographics shifted and overall arrest rates declined, the gap in arrest rates grew between African-American and white adults in San Francisco.\u003c/p>\n\u003cp>According to the report, 40 percent of people arrested, 44 percent of people booked into county jail and 40 percent of people convicted are African-American adults.\u003c/p>\n\u003cp>San Francisco Supervisor Jane Kim, who also spoke at the news conference, has been working with Adachi's office on initiatives aimed at addressing systematic inequality.\u003c/p>\n\u003cp>Across the board, Kim said, \"Arrests rates are going down. Violent crime is going down. … But reports like the one that's being released today by the Burns Institute demonstrate that San Francisco has far more to do.\"\u003c/p>\n\u003cp>Deputy Public Defender Chris Hite also called for improving racial diversity within the criminal justice system. \"It is not unusual for me to go to trial, and see in the jury pool when I'm representing an African-American male or female, not a single black person in the voir dire [jury pool]. Sometimes, there'll be one or two, and they may not even get called as an opportunity to serve on the jury.\"\u003c/p>\n\u003cp>The analysis, which is included in full at the bottom of this post, also found:\u003c/p>\n\u003cul>\n\u003cli>\"Rates of arrest are higher for black adults than white adults for every category of criminal offense.\"\u003c/li>\n\u003cli>\"Booking rates for black and Latino adults have increased over the past three years, while booking rates for white adults have decreased.\"\u003c/li>\n\u003cli>\"The top three residence Zip codes of black adults booked into County Jail were: 94102 (includes the Tenderloin), 94124 (Bayview-Hunters Point), and 94103 (South of Market).\"\u003c/li>\n\u003cli>\"Black adults in San Francisco (in the general population) are 10 times as likely as white adults in San Francisco (in the general population) to have a conviction in court.\"\u003c/li>\n\u003c/ul>\n\u003cp>Calls to the Reentry Council and the Burns Institute were not immediately returned.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/269412258/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_22763\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10573411/report-african-american-adults-seven-times-as-likely-as-whites-to-be-arrested-in-san-francisco","authors":["3231"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_19037","news_38"],"featImg":"news_10573544","label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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