Tag Archives: criminal justice

What Serial taught Sarah Koenig about criminal justice — recorded live at Penn State

Sarah Koenig, , , ,

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Sarah Koenig spent a year inside Cleveland’s criminal justice system for season three of the Serial podcast. Along the way, she met some interesting people and had a birds-eye view of what justice (and injustice) look like for lawyers, judges, defendants, police officers, and the countless others who pass through the building’s courtrooms each day.

It’s once thing to study criminal justice empirically, as many academics do, but something else entirely to be embedded within the system as Koenig and her team were in Cleveland.

We invited Koenig to Penn State for an on-stage conversation with Democracy Works host and McCourtney Institute for Democracy Director Michael Berkman. They discuss community policing, the lack of data about what works and what doesn’t, and where college students should focus their energy if they’re looking to reform the criminal justice system.

Additional Information

Serial podcast

Cornell’s Peter Enns about the U.S. as the world’s most punitive democracy

UNC’s Frank Baumgartner on race and policing

A note to our listeners in the New York City area: Jenna Spinelle will be participating in a panel called “Podcasts to the Rescue! An Emerging Medium for Learning About Civics, Government, and the Social Contract” on Thursday, May 30 at the Metropolitan New York Library Council. The event is free and open to the public. We would love to meet you!

Discussion/Reflection Questions

  • If you’ve listened to Serial season 3, what did you find most surprising?
  • Which part of the criminal justice system do you think is most in need of reform?
  • How should that part of the system change?
  • How much discretion should judges have when it comes to sentencing?
  • What kind of data is needed to understand how to reform the criminal justice system?
  • What is the relationship between law and justice?

Interview Highlights

[2:45] What about this season of Serial do you think captured people’s attention?

We tried to do what we know how to do, right? Which is to know how to make it narrative, as narrative as we could, and to introduce difficult concepts kind of slowly and not overload you with information. It’s become a topic that people are talking about and caring about in the last however many years and that’s personally a thrill to me, but I think that helps. The timing of it helped.

[3:54] Does season 3 relate to season 1?

A lot of people after season 1 were like “Well, what does this mean about the whole system? Can you extrapolate?” And it felt like, well that, no you can’t extrapolate off of one case that is pretty extraordinary. So it really did feel like, well let’s just go look and see the ordinary stuff. What is the baseline functionality of our system in a very, kind of day to day, mundane way, honestly. Let’s treat the courthouse as an office.

[6:10] What did you learn about the police in Cleveland?

So it was just a very typical, I mean if you read about for example, what’s happening in Baltimore, what’s happened in some other places. And it seems like the places where there has been any successful, true successful outcome from those consent decrees, I think Seattle has actually had a pretty good result if I’m not mistaken. It’s where they get buy-in from the police union, and it’s hard. In a place like Cleveland it’s very hard. It’s very old school. It’s very like, “Don’t tell me how to do my job, I put my life on the line every day.”

[9:40] What do people in Cleveland think about the idea of community policing?

They see the value of it and they think it’s valuable and they don’t want to be the people who, in a place like Cleveland, all you do is just get in your car and just race from call to call to call to call. And half the time, you’re at a call trying to deal with something and you get a call for a more major thing and so you’re ripped away, so then that person that you’re trying to help is like, there goes my guy. So, it’s bad for everyone, that kind of policing. They, they want it and they want, I think, to be able to have real interaction with people in communities.

[14:03] Judge Gaul comes up in several episodes throughout the series. Tell us about him.

His dad had been in county politics. He was getting near retirement age, so he was like mid-60’s. He’d been on the bench a long time, and in Cleveland, in Ohio, you know, county judges have an extraordinary amount of of discretion and latitude.I mean, it’s sort of like a cliché of the courthouse, but like they really do treat it as their own little kingdom. And so he had his style and his way of berating almost every defendant who came before him. He saw it as tough love. That’s how you get elected in Cuyahoga county. No one pays attention to judicial races, so you see the Democratic name, it’s an Irish name, you’re like, it’s vaguely familiar because there’s like ten thousand people named Gaul in the county and you’re like, “Oh yeah, that guy. I’m sure he’s fine.” And so that’s how these people stay on the bench forever.

[20:40] What did you learn about the way probation works in Cleveland?

Half the docket when I was watching would be a probation violation. Most of them were for things like staying out after curfew or going out of state for a funeral somebody’s funeral smoking weed. They’re having to come back through the thing and if you piss off the judge, especially, someone like Judge Gaul who has a temper, you can end up incarcerated. Part of the hugely frustrating thing we saw in Ohio, but I think this is again true in lots of parts of the country, there’s no data. We don’t keep data on this stuff. Nobody is tracking outcome say for when is probation is effective and when people start to slide off and violate more.

[27:50] What do you make of the momentum around electing progressive prosecutors to reform the system?

The focus that we have lately on progressive prosecutors and the big money that’s going into these prosecutors races across the country is fantastic, but it is one piece of the puzzle. This system is enormous and it has many different machines working at once. They do not often interact with each other well or at all. I get a little nervous when we start saying, “Oh, we’ve, we’ve figured out how to fix it, just elect a bunch of progressive prosecutors.” My fear is, yes, you can elect progressive prosecution, but you can also unelect those same prosecutors. So I would rather see a more systemic change.

[30:15] Where can young people have the biggest impact in criminal justice reform?

I would say like those kinds of agencies that are so unsex and it just feels like why would I want to go be a government bureaucrat and like a thankless job? If you’re asking where you can make a difference, boy, wouldn’t it be fantastic to have, um, the smartest, most compassionate, most energetic brains be working on juvenile crime.

Brazil’s tenuous relationship with democracy

Gianpaolo Baiocchi, , , , ,

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Gianpaolo Baiocchi
Gianpaolo Baiocchi

To say Brazil has had a complicated history with democracy is a understatement. The country has bounced in and out authoritarian regimes for hundreds of years, with democracy never having quite enough time to really take hold. Following the election of Jair Bolsonaro in October 2018, many are wondering whether the cycle is about to repeat itself again.

Gianpaolo Baiocchi is a professor of individualized studies and sociology at NYU, where he also directs the Urban Democracy Lab. He’s from Brazil and has written extensively about the country’s politics and social movements. He joins us this week to talk about Bolsonaro’s appeal, the use of misinformation on WhatsApp during the election, and why Bolsonaro is often called the “Trump of the tropics.” We also discuss Brazil’s history of activism under authoritarian governments and whether we’ll see it return now.

Next week is our final episode about democracy around the world. We’ll be talking with Penn State’s Sona Golder about all things Brexit.

Additional Information

Gianpaolo’s website

Urban Democracy Lab

Brazil’s unraveling political institutions – article by Gianpaolo in Democracy Journal

Discussion/Reflection Questions

  • What is the role of social movements in Brazil?
  • Do you think Brazil will retreat from democracy under Bolsonaro?
  • What is the role of the military in Brazil?
  • How is Brazil politically involved with other Latin American countries?

Interview Highlights

[3:07] What is the history of democracy in Brazil?

Brazil, a very unequal country, has had this relatively short and checkered history with democracy. Brazil was the last country to abolish slavery in the world. In 1964, Brazil had a military coup that lasted with a military regime that lasted until 1985. Social movements really played a very important role in the transition to democracy, but also in helping build the institutions of democracy. Brazil’s constitution of 1989 has some very progressive elements in it, has things about direct democracy, has gestures and participation municipalities, and have a lot of power.

[7:08] Where did social movements  in Brazil come from?

Social movements comes in the mid-1980s. There are urban movements, the movement for the right transport, the movement against poverty, student movements, a lot of movements to the progressive church, so kind of Liberation theology, we have movements very important of patients and users of the health system.

[10:38] Who is Jair Bolsonaro and why was he appealing?

People are going to be talking about the Bolsonaro phenomenon for a long time. He’s been a politician for a long time and he’s mostly known for shocking statements. He’s been a guy who likes to say provocative things about rape, about affirmative action, and sort of anti-political correctness. His platform is law and order, it’s about God, it’s against political correctness, and it’s pro-business. He definitely has the elite support in Brazil, but because Brazil is an unequal country, that won’t go very far.

[16:18] Why is Bolsonaro compared to Donald Trump?

There are definitely similarities between Trump’s Make America Great Again rhetoric and some of Bolsonaro’s language. They’re both populists and have both been involved in scandals, yet always seem to skate by and remain in power. Trump and Bolsonaro have also sought to undermine democratic institutions. However, the institutions in Brazil were weaker to begin with because democracy does not have the long history there that it does in the U.S.

[19:05] Can you give us some examples of how institutions in Brazil are weaker?

The judicial system, the courts begun to play a very openly political role. The Minister of Justice was the judge and prosecutor over Lula, the former president of Brazil, who’s currently under arrest and during the process of the prosecution investigation. This judge was very openly partisan in social media and releasing things and it has given people the sense that the law is just something that you use. One of the things that has happened because of Bolsonaro being elected is that people has a free license to commit hate crimes. The only openly gay member of Brazilian Congress has had to flee the country.

[23:02] Did misinformation play a role in Bolsonaro’s election?

Yes. Social media and fake news were a huge part of the election. In particular, a WhatsApp investigation a few days before the election itself revealed that foreign money and industrialists had paid for all these bots to repeat these fake news.

[24:49] How is Bolsonaro playing throughout the rest of Latin America?

The balance of the continent has definitely shifted. All eyes are in Venezuela right now and early on in his campaign. Bolsonaro said he would be for a military intervention and I don’t think that’s actually going to happen, but Bolsonaro’s election does feel like the region has definitely turn right and turned authoritarian in a very real way.

[28:44] Social movements have risen up before in Brazil. Do you see the same thing happening again now or in the future?

Yes! In the weeks before the election as it look like Bolsonaro was really going to win, people came together in a way that hadn’t really been seen in a long time in Brazil.

A story about democracy, told through 20 million traffic stops

Frank Baumgartner,

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Frank Baumgartner
Frank Baumgartner

The lights flash in your rearview mirror as the police car comes up behind you. A sinking feeling forms in the pit of your stomach as the officer approaches. Sound familiar?  However, this is where the story can differ greatly depending on who you are and where you live. If you’re African-American or Latino, you are much more likely to be searched or have your vehicle searched — and much more likely to be pulled over in the first place, according to research conducted by analyzing data from millions traffic stops in North Carolina over more than a decade.

Frank Baumgartner, Robert J. Richardson Distinguished Professor of Political Science at the University of North Carolina-Chapel Hill, lead the team that analyzed the data published the book Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race.” In the book, Frank and his colleagues make the case that an empathy gap exists between people with political and social power and the people who are most likely to be pulled over. The result is that segments of the population who are already disenfranchised become even more distrustful of the police and the government and less likely to vote and otherwise engage with democracy.

We’ve long heard that racially-motivated police violence is the result of a few “bad apple” officers. However, the data from North Carolina show a much more pervasive suspicion from police officers about young men of color. Combined with a move toward what Frank describes as “risk management” policing, the result is a clear pattern of behavior that has direct implications on democratic participation.

P.S. A huge thank you to everyone who supported us in the 2018 Podcast Awards. We are incredibly humbled and grateful to have won during our first year.

More Information

Suspect Citizens: What 20 Million Traffic Stops Tell Us About Policing and Race

Frank’s profile on the Scholars Strategy Network

Discussion/Reflection Questions

  • Do you believe that there is racial bias in policing in America?
  • Based on your own experience with law enforcement, do you trust the police?
  • Do your interactions with law enforcement impact your view of the government and your willingness to engage in democracy?
  • Do you think the aim of police should be to solve crime or try to prevent crime?
  • Do you think policing in America is getting better? Why or why not?

Interview Highlights

[3:41] How did you come about the data for this book?

Frank: An investigative reporter in North Carolina conducted an investigation into possible racial profiling in the police department in 1996. This was also a time when people were becoming growingly concerned with racial profiling by police. At this time, North Carolina became the first state to mandate the recording of data about traffic stops, including the race of the individual stopped. I was then invited to look at the information they had collected in the early 2000’s as part of a task force.

[5:25] Can you walk us through how a traffic stop experience might differ along racial lines?

Frank: As a middle class white man myself, I have very few interactions with the police. But when I do, it is always very respectful and by the book. It is extremely rare for someone in this demographic to get pulled over by the police. For someone of color, it would be frustratingly common. These traffic stops usually lead to no citation or ticket. However, such stops are more likely to extend into a search of the vehicle.

[6:54] What did you find to be the cause of this variance in frequency and nature of stops?

Frank: We think party of the problem is that police officers are usually dealing with a low information situation when making a stop. Too often, they rely on visual cues to evaluate whether someone is a threat or not. And under the law, which has been confirmed mostly by middle class white men, it assumes that these stops will only be temporary inconveniences. However, as the data showed, these stops are not that uncommon. There is also an empathy gap where white people have a difficult time understanding the situation faced by minority’s in terms of traffic stops.

[9:18] In the book you refer to “risk management policing.” Can you explain what that is?

Frank: In the 60’s, the focus of policing used to be reactionary in the sense that they used to simply work to solve crimes. However, there has been a shift where as police now are working to try to prevent crimes using methods such as profiling. Policing is now more proactive and aggressive. This system didn’t happen to white people. This happened on the other side of town to minorities. It happened to people who themselves were seen as likely criminal elements.

[14:24] What impact do these stop rates have on the level of democratic participation among minorities?

Frank: Just a single traffic stop can reduce the odds of that person voting by as much as ten percent. We found that in areas where black people have greater political power, the percentage of blacks that are stopped is considerably lower. There is a national effect. Unjustified stops do alienate people and cause them to not trust the government. In Fayetteville North Carolina, they instituted some policy changes. What resulted was that there were fewer stops. Also, the number of calls to 911 that actually resulted in a crime being committed went up. This showed that people who were no longer being wrongfully stopped began to trust the police more and were willing to reach out to them when they actually needed them.

[18:21] We often hear during the more salient cases that this is simply the result of a few “bad apple” officers. Is this the case or is this a more systemic problem impacting more officers?

Frank: The short answer is that it’s both. In our research, we were able to categorize and study the stop of every officer by their badge number. We did find many officers who showed trends of discriminatory trends in stops. The racial disparity were highest amongst men. While there are bad apple officers, there also is a more systemic problem.

[22:20] What impacts have your findings led to?

Frank: Many police leaders have started looking at their own statistics more closely. When these departments have done this internal investigation they have often found that they have discrimination problems. Ferguson Missouri is just one example. While Ferguson is seen as the epicenter of bad policing, the situation in many others communities is not really that much better. We have to recognize that the data and the patterns are clear and consistent. It is time to question whether we’re getting the right bang for our buck out of the random traffic stops as a mechanism to fight crime. This is alienating people without having much good to show for it.