Law Enforcement Legal Defense Fund

Law Enforcement Legal Defense Fund

City Journal: Statistical Evidence Not Required

Originally published by City Journal on January 16, 2017

Written by Heather Mac Donald


The most important statement in the Justice Department’s damning report on the Chicago Police Department has nothing to do with police behavior. Released on Friday, the report found the Chicago police guilty of a “pattern or practice” of unconstitutional force. But it turns out that the Justice Department has no standard for what constitutes a “pattern or practice” (the phrase comes from a 1994 federal statute) of unconstitutional police conduct. “Statistical evidence is not required” for a “pattern or practice” finding, the DOJ lawyers announce, citing unrelated court precedent. Nor is there “a specific number of incidents” required to constitute a “pattern or practice,” they proclaim.

Having cleared themselves of any obligation to provide “a specific number of [unconstitutional] incidents” or a statistical benchmark for evaluating them, the DOJ attorneys proceed to ignore any further obligation of transparency. The reader never learns how many incidents of allegedly unconstitutional behavior the Justice Department found, nor how those incidents compare with the universe of police-civilian contacts conducted by the Chicago Police Department. No clue is provided regarding why the DOJ lawyers concluded that the alleged abuses reached the mysterious threshold for constituting a pattern or practice. Instead, the report uses waffle words like “several,” “often,” or “many” as a substitute for actual quantification. This vacuum of information hasn’t stopped the mainstream media from trumpeting the report as yet another exposé of abusive, racist policing. EXCESSIVE FORCE IS RIFE IN CHICAGO, U.S. REVIEW FINDs, read the headline on the New York Times’s front-page story, which went on to note that the excessive force was “chiefly aimed at African-Americans and Latinos.”

The report does disclose that the DOJ attorneys reviewed 425 incidents of less-than-lethal force between January 2011 and April 2016. But what proportion of total force incidents those 425 events represent or how many of those 425 incidents the federal lawyers found unconstitutional isn’t revealed. As to how many stops and arrests were made over that same time period that didn’t involve the use of force, the reader can only guess.

We also learn that the federal civil rights team identified 203 officer-involved shootings between January 1, 2011, and March 21, 2016. How many of those were bad shootings? Fifteen? One hundred? The reader is left in the dark. The massive New York Police Department averaged 48 shootings a year from 2005 to 2015. The per-capita rate of officer shootings in the NYPD is therefore much lower than in the Chicago Police Department, which is about a third the size. But Chicago’s crime rate is much higher than New York’s; CPD officers confront many more armed and resisting suspects.  It would have been useful to know how the ratio of officer-involved shootings to criminal shootings in Chicago compares to other cities. We don’t even learn how many of those 203 officer-involved shootings in Chicago were lethal.

The absence of any quantified evidence for DOJ’s judgment of systemic abuse is all the more significant, since it was only yesterday that Chicago law enforcement was the darling of the left-wing academic establishment. In 2010, the New York City Bar Association held a forum on the New York Police Department, during which Columbia University law professor Jeffrey Fagan and Yale University law professor Tracey Meares both touted the Chicago department as a model that the big, bad NYPD should emulate. (I participated on that bar panel as well.) Meares and her Yale colleague Tom Tyler have used the Chicago Police Department as a laboratory for their concept of “procedural justice and legitimacy.” The Obama administration’s Task Force on 21st Century Policing incorporated the procedural justice idea from Chicago into its May 2015 report; the Justice Department distributes the Chicago procedural justice curriculum to other departments, according to Time magazine. John Jay College of Criminal Justice professor David Kennedy worked with Chicago on his theory of violence reduction. Garry McCarthy, who was superintendent of the Chicago Police Department during the period covered by the DOJ’s report, presented himself as a “reform” commander focused on community relations, and he was received as such by academia and the media. The Chicago PD’s extensive collaboration with academic researchers was the hot topic during a November 2015 conference of the American Society of Criminology, reports Time.

Were all those academics wrong? If the Chicago PD was so awash in civil rights violations, why didn’t these liberal professors notice? Or did the Justice Department start out with a foreordained conclusion regarding the racist CPD and produce a report to confirm it? DOJ’s investigation began in December 2015, after the release of a video showing the unjustified police shooting of Laquan McDonald in October 2014. By then, the Black Lives Matter movement was in full gear nationally; anti-cop riots had torn apart Ferguson and Baltimore and would continue to spread mayhem over the next year. The chance that under such circumstances, DOJ wouldn’t continue its own pattern of denouncing police departments for racism based on flimsy evidence was slight. The attorneys didn’t even bother to interview McCarthy for their report.

The lack of any transparent methodology is the most damning aspect of the DOJ analysis, but its racial accusations are the most dangerous. The federal attorneys have the gall to recycle the calumny from “the community” that the “CPD does not genuinely care about the murders of young black men and women, and [does] too little to investigate and resolve those homicides,” in the words of the report.

Such a claim is a travesty. Scores of detectives work around the clock to try to bring gang thugs to justice, only to encounter a wall of silence from victims and witnesses. It is the members of “the community” who do too little to resolve the homicides. After a five-year-old girl and a seven-year-old boy were shot on July 4, 2016, in West Englewood, a funeral director urged local residents to start cooperating with the police, reported DNAInfo. “When our grandsons and nephews do the shooting, we run into the house and lock the door. It’s time to stand up and say ‘This will not be accepted,’” Devry Graham told an assembled group of neighbors. Alderman Raymond Lopez agreed that the “no-snitch” ethic had to end. “In every community we’ve seen bullets hit community members. We know who these offenders are, but we as a community need to step it up and say that we will work with the police to get these situations rectified,” Lopez said.