Patterns of "stop and frisk" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. "Broken Windows" theory suggests that neighborhoods with greater concentrations of physical and social disorder should evidence higher stop and frisk activity, especially for "quality of life" crimes. However, while disorder theory informs quality of life policing strategies, observed patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels and the extent of social disorganization are stronger predictors of race- and crime-specific police stops than is the presence of "broken windows." Furthermore, stops of minority citizens more often failed to meet Terry standards of reasonable suspicion, suggesting the conflation of race with the strategic design of "order maintenance policing." Our empirical evidence suggests that policing is not about disorderly places, nor about improving the quality of life, but about policing poor people in poor places. This strategy contradicts the policy rationale derived from Broken Windows theory, and deviates from its original emphasis on community conditions by instead focusing disproportionately on minority citizens. Racially disparate policing reinforces perceptions by citizens in minority neighborhoods that they are under non-particularized suspicion and are therefore targeted for aggressive stop and frisk policing. Such broad targeting raises concerns about the legitimacy of law, threatens to weaken citizen participation in the co-production of security, and undercuts the broader social norms goals of contemporary policing.
{"title":"Street Stops and Broken Windows: Terry, Race and Disorder in New York City","authors":"J. Fagan, Garth Davies","doi":"10.2139/SSRN.257813","DOIUrl":"https://doi.org/10.2139/SSRN.257813","url":null,"abstract":"Patterns of \"stop and frisk\" activity by police across New York City neighborhoods reflect competing theories of aggressive policing. \"Broken Windows\" theory suggests that neighborhoods with greater concentrations of physical and social disorder should evidence higher stop and frisk activity, especially for \"quality of life\" crimes. However, while disorder theory informs quality of life policing strategies, observed patterns of stop and frisk activity suggest that neighborhood characteristics such as racial composition, poverty levels and the extent of social disorganization are stronger predictors of race- and crime-specific police stops than is the presence of \"broken windows.\" Furthermore, stops of minority citizens more often failed to meet Terry standards of reasonable suspicion, suggesting the conflation of race with the strategic design of \"order maintenance policing.\" Our empirical evidence suggests that policing is not about disorderly places, nor about improving the quality of life, but about policing poor people in poor places. This strategy contradicts the policy rationale derived from Broken Windows theory, and deviates from its original emphasis on community conditions by instead focusing disproportionately on minority citizens. Racially disparate policing reinforces perceptions by citizens in minority neighborhoods that they are under non-particularized suspicion and are therefore targeted for aggressive stop and frisk policing. Such broad targeting raises concerns about the legitimacy of law, threatens to weaken citizen participation in the co-production of security, and undercuts the broader social norms goals of contemporary policing.","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"84 1","pages":"457"},"PeriodicalIF":0.0,"publicationDate":"2001-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86695490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The \"new body snatchers\": analyzing the effect of presumed consent organ donation laws on privacy, autonomy, and liberty.","authors":"M Liddy","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"28 3","pages":"815-53"},"PeriodicalIF":0.0,"publicationDate":"2001-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25868913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The currently received wisdom is that forgiveness is appropriate only in personal settings, between victims and wrongdoers, and that forgiveness is not only inappropriate in the public realm but usurps victims' rights and creates inequalities. This article denies these propositions and argues that community members can and ought to forgive wrongdoers, even if the victims do not. Forgiveness means risking a continuing relationship, and that is the aspect of forgiveness that must be public, not private. Nor does forgiveness undermine justice, if punishment is properly understood. Crime is a breaking of trust and an attempt to humiliate and degrade a victim. To give a criminal her due would be to humiliate and degrade the criminal and to break her trust. Yet even the most hard-nosed retributivists acknowledge that punishment must temper the crime in its rebound on the criminal. That temperance recognizes the communal ties to the criminal and is a form of forgiveness.
{"title":"Forgiveness and Public Trust","authors":"L. Meyer","doi":"10.2139/SSRN.235477","DOIUrl":"https://doi.org/10.2139/SSRN.235477","url":null,"abstract":"The currently received wisdom is that forgiveness is appropriate only in personal settings, between victims and wrongdoers, and that forgiveness is not only inappropriate in the public realm but usurps victims' rights and creates inequalities. This article denies these propositions and argues that community members can and ought to forgive wrongdoers, even if the victims do not. Forgiveness means risking a continuing relationship, and that is the aspect of forgiveness that must be public, not private. Nor does forgiveness undermine justice, if punishment is properly understood. Crime is a breaking of trust and an attempt to humiliate and degrade a victim. To give a criminal her due would be to humiliate and degrade the criminal and to break her trust. Yet even the most hard-nosed retributivists acknowledge that punishment must temper the crime in its rebound on the criminal. That temperance recognizes the communal ties to the criminal and is a form of forgiveness.","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"71 1","pages":"1515"},"PeriodicalIF":0.0,"publicationDate":"2000-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74746042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Pain Relief Promotion Act: will it spell death to \"death with dignity\" or is it unconstitutional?","authors":"J Fallek","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"27 6","pages":"1739-92"},"PeriodicalIF":0.0,"publicationDate":"2000-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22130165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 1987, the Veterans Affairs Medical Center in Lexington, Kentucky took a surprising step. They decided that when they made a medical error they would truly "come clean" and fully assume responsibility for the error, including apologizing for it. Over the next decade, they went from being one of the highest net legal cost hospitals to among the lowest net legal cost hospitals in the VA system. This paper uses their experience as a springboard for exploring the potential for the use of apology by organizations. Topics discussed include (i) the impact of apology on learning to prevent future errors, (ii) divergent interests toward apology stemming from principal-agents tensions in employment, risk preferences, and sources of insurance, (iii) non-pecuniary benefits of apology to corporate morale, productivity and reputation, (iv) standing and scope when apologizing, and (v) the articulation of policies toward injuries to others.
{"title":"Apology and Organizations: Exploring an Example from Medical Practice","authors":"Jonathan R. Cohen","doi":"10.2139/SSRN.238330","DOIUrl":"https://doi.org/10.2139/SSRN.238330","url":null,"abstract":"In 1987, the Veterans Affairs Medical Center in Lexington, Kentucky took a surprising step. They decided that when they made a medical error they would truly \"come clean\" and fully assume responsibility for the error, including apologizing for it. Over the next decade, they went from being one of the highest net legal cost hospitals to among the lowest net legal cost hospitals in the VA system. This paper uses their experience as a springboard for exploring the potential for the use of apology by organizations. Topics discussed include (i) the impact of apology on learning to prevent future errors, (ii) divergent interests toward apology stemming from principal-agents tensions in employment, risk preferences, and sources of insurance, (iii) non-pecuniary benefits of apology to corporate morale, productivity and reputation, (iv) standing and scope when apologizing, and (v) the articulation of policies toward injuries to others.","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"31 1","pages":"1447"},"PeriodicalIF":0.0,"publicationDate":"2000-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77963148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of “community policing”. The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security reduction in democratic control of policing and increased risk to civil liberties.
{"title":"The New Policing","authors":"P. Heymann","doi":"10.4135/9781446222270","DOIUrl":"https://doi.org/10.4135/9781446222270","url":null,"abstract":"This article explores new forms of policing in New York, Chicago, and Boston. These cities developed new policing strategies that each involves a different combination of problem solving and new forms of “community policing”. The article explores whether these developments resulted in crime reduction and changes in belief in the efficacy of policing. The article concludes by considering the costs of the resulting increased security reduction in democratic control of policing and increased risk to civil liberties.","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"36 1","pages":"407"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73223570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mother still knows best: cancer-related gene mutations, familial privacy, and a physician's duty to warn.","authors":"A Brownrigg","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"26 2","pages":"247-79"},"PeriodicalIF":0.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25821370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Profits, poverty and health care: an examination of the ethical base of economics.","authors":"R J Brent","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"24 4","pages":"667-81"},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22131342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mandatory testing of pregnant women and newborns: HIV, drug use, and welfare policy.","authors":"W Chavkin, D Elman, P H Wise","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"24 4","pages":"749-55"},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22131343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bioethical consideration of maternal-fetal issues.","authors":"L F Post","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":83028,"journal":{"name":"The Fordham urban law journal","volume":"24 4","pages":"757-75"},"PeriodicalIF":0.0,"publicationDate":"1997-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22131344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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