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To Help Close the Achievement Gap, Address Stop-and-Frisk

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July 26, 2012, 1:34 p.m.

Eighteen-year-old Angel Ortiz feels lucky when a stop-and-frisk encounter doesn’t also lead to a wrongful arrest.

Alberto Morales Udi Ofer

In February last year, when Angel was in the 10th grade, he was decidedly unlucky. After he left a friend’s home in Far Rockaway, Queens, two police officers stopped, handcuffed and arrested him for trespassing in the friend’s building, even though Angel had done nothing wrong.

Angel spent several hours in jail and missed school to appear in Queens Criminal Court. All charges against him were eventually dropped, but his anger over how the police treated him lingers.

Unfortunately, Angel’s experience is not unique. These sorts of encounters with the police have become rites of passage for many black and Latino young men who attend New York City public schools.

First you learn to read and write, you study math and science, and if you’re lucky, you get to go to gym class. But soon after, you also learn how to put your hands up against the wall to be frisked, walk through metal detectors to go to school, and to remain calm when police officers rifle through your backpack without your permission.

Stop-and-frisk has received lots of attention recently, with growing recognition that young people, and in particular young people of color who attend our public schools, bear a significant brunt of the N.Y.P.D.’s stop-and-frisk regime.

Anyone interested in increasing student achievement, and particularly in closing the achievement gap, should pay close attention to the impact of stop-and-frisk practices on the lives of black and Latino students, including on their view of authority and ability to succeed academically.

According to an analysis conducted by the New York Civil Liberties Union, 21 percent of all N.Y.P.D. street stops last year — 145,652 — were of young people ages 8 to 18. Black and Latino youth comprise 89 percent of these stops, while white young people made up only 7 percent of the stops.

Sixty-one percent of all stops of young people resulted in a frisk, a humiliating experience where a police officer pats you down, often forcefully, in public — a step that a police officer can take only if he or she believes that the young person has a weapon that poses a threat to the officer’s safety. And the data make clear that the N.Y.P.D. gets it wrong the vast majority of the time: Only 1.4 percent of frisks of young people in 2011 recovered a weapon.

Force was used by the police on young people in 22 percent of the stops. Force can range from the pointing of a gun to an officer placing his or her hands on the young person. Force was disproportionately used against black or Latino youth (23 percent) compared to their white peers (15 percent).

Most shocking is that 90 percent of all stops of young people did not result in an arrest or a ticket — meaning that in 131,087 of the stops, the young person being stopped was innocent of any action that would constitute a crime or an infraction.

This experience on the street is only compounded by the experience that many young people face in school. The N.Y.P.D. arrested or ticketed more than 15 students each day in public schools during the first three months of 2012. More than 96 percent of the arrests were of black or Latino students. About 18 percent of the arrests were of students between the ages of 11 and 14. Disorderly conduct, a catchall category that could encompass all kinds of typical misbehavior, accounted for 71 percent of all summonses.

While we have plenty of data on the number of young people subjected to N.Y.P.D. street stops, and on the number of young people stopped and frisked who engaged in no wrongdoing, the data do not capture how being wrongfully stopped and frisked affects the lives of young people. Yet the effects must be significant, and they surely make their way past the schoolhouse gate.

The Police Department’s stop-and-frisk program requires thousands of innocent young people of color to suffer repeatedly the indignities associated with routine police stops and searches on public sidewalks. These stops breed distrust, disaffection and anger, and these feelings subsequently must enter into the classroom, affecting not only the individual student but the entire school community.

The stop-and-frisk regime directly feeds the problems Mayor Michael R. Bloomberg seeks to counter with his Young Men’s Initiative, which I’ve written about in the past. The initiative has done a stellar job in identifying the problems that afflict young men of color: high arrest rates, and low graduation and employment rates.

The initiative recognizes that “[w]e must completely reform the pipeline that incarcerates young men of color.” Yet the initiative has failed to identify the policies coming out of City Hall that most promote the needless entanglement of black and Latino young men with the juvenile and criminal justice systems.

The current stop-and-frisk practices should be at the top of any list of ineffective and misguided policies.

Angel Ortiz couldn’t wait for others to speak up, so he took matters into his own hands and joined a lawsuit brought by the New York Civil Liberties Union, Bronx Defenders, and LatinoJustice PRLDEF to challenge stop-and-frisk practices in private apartment buildings.

The City Council has also introduced legislation to rein in stop-and-frisk abuses, including by protecting New Yorkers against racial profiling by the N.Y.P.D. and creating an N.Y.P.D. Inspector General’s Office. These reforms will not only lead to better policing, but will also help close the achievement gap.

Addendum: In April I criticized the Board of Regents for exempting charter schools from parts of an anti-bullying law known as the Dignity Act. I recommended that the board overturn its decision, and I’m happy to report that it did on May 21. All schools will now have to comply with this important civil rights protection.

Udi Ofer is the advocacy director of the New York Civil Liberties Union. He is also an adjunct professor at New York Law School.

3 Comments

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Olivia Drabczyk July 27, 2012, 5:54 AM

Being that you were once an educator, I feel sorry that you believe it fair or effective to treat violence with more violence and aggression. To reference shootings near public housing complexes only reinforces the importance of reexamining the true roots of the problems plaguing our society. The "justice" system as it has been laid out does not work; too many people have unfortunately learned this including those that you discuss from only a few weeks ago. The issues with stop and frisk may not have an immediate and direct correlational relationship to attendance rates of minority students, but the inherently racist and oppressive systems within which this country exists most certainly do. The ways in which we view other human beings as less than and the lowered expectations and subsequently lowered levels of support are constantly at work in this society. As a previous teacher, you must know that when a teacher gives up on a student nothing stops that student from then giving up on themselves. To believe that these CHILDREN, because that is who we are still talking about, are inherently deviant is truly faulty. To care for no one, including oneself, is not a fate in which any human being would voluntary place themselves. That is a sad and lonely place to inhabit. We have forced human beings there...we have given up on them and have just continued rethinking ways to make them guilty of some type of otherness. I sincerely hope we can begin to generate counter-narratives to what has for too long been the dominant discourse on how we should handle "these" children...these "at-risk" and "high needs" "urban" youth. To me, there is no more urgent priority.

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Howard Schwach July 26, 2012, 10:12 PM

Once again the NYCLU forgets the real problem. There have been at least a dozen shootings and two homicides nearby city housing projects in Rockaway since July 1. The vertical patrols in housing projects have taken numerous guns away from gun thugs and gangbangers, most recently earlier this week. I was a teacher in a Far Rockaway middle school for more than 33 years, and it is laughable that somebody would try and line search and frisk with school attendance. Without stop and frisk, more minority people would die. The answer to the spate of gun violence is not to let young men carry guns without fear of the police. It is to be even more vigilant. When teens are worried about being stopped and checked by police, they will leave their guns at home. When they know they cannot be stopped because the NYCLU and politicians have taken that possibility away, there will be even more murders by teens who don't care for anybody, including themselves.

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Nicholas Bradford July 27, 2012, 4:43 PM

More punishment isn't the answer. Not in schools and not on the streets. There is little evidence that the "stick" approach to behavior change works. In fact there is significantly more harm than good that comes from suspensions, incarceration and contact with police.
Now don't get me wrong... accountability and justice are necessary for the good working order of our communities. And that doesn't mean the "carrot"!!
Finding ways to "engage" youth in taking accountability vs. "excluding" them from their communities are essential first steps to changing behavior and culture.

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