Policing Race and Gender

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Questions and Answers

What unique challenge do women of color face regarding racial profiling and policing that is not typically considered in standard practices?

Women of color are affected by an intersection of unique gendered stereotypes, such as being seen as sexually deviant or 'bad mothers,' leading to specific forms of profiling.

What is the primary concern regarding the confiscation of condoms as evidence in prostitution cases, according to the text?

This practice can deter people, especially those at high risk, from carrying condoms, increasing the risk of HIV and STIs.

What is a key element that helps to facilitate police sexual misconduct, as identified in the article?

Structural relations of power within law enforcement interactions can facilitate it. Systemic responses are needed to address this issue.

Besides racial profiling, what specific forms of discriminatory policing do LGBTQ people of color often experience?

<p>Gender- and sexuality-specific profiling and police brutality.</p> Signup and view all the answers

What are some examples of supportive measures that police departments can provide to transgender individuals according to the text?

<p>Respect for gender identity, using preferred pronouns, ensuring safe placement in custody, and providing access to hormone treatments.</p> Signup and view all the answers

What is a noted concern regarding the use of TASERs on pregnant women?

<p>Use of TASERs against pregnant women has been the subject of several high-profile cases and has been critiqued by Amnesty International, including potential harm to the mother and baby.</p> Signup and view all the answers

What did a study commissioned by the California state legislature find about parents, particularly mothers, who are arrested?

<p>In 80% of cases, the parents who are sole caretakers and are arrested, leaving children behind, are women.</p> Signup and view all the answers

What is the main issue with the current state of police department policies regarding children of arrested parents?

<p>The majority of police departments have no written protocols regarding officers' responsibilities towards these children, and existing protocols vary widely.</p> Signup and view all the answers

What are the factors that limit the ability to extrapolate from the results of the study when examining departmental policies?

<p>Small sample size, low number of survey responses, and uneven distribution of departments by size and geography.</p> Signup and view all the answers

Based on the U.S. Department of Justice guidance, what characteristics are included in a comprehensive profiling ban?

<p>Gender, gender identity, and sexual orientation.</p> Signup and view all the answers

According to the NAACP, what should local jurisdictions prohibit to address discriminatory actions by law enforcement?

<p>Any law enforcement action that relies, to any degree, on actual or perceived race, color, ethnicity, religion, national origin, gender identity or expression, sexual orientation, and other protected characteristics.</p> Signup and view all the answers

Besides the President's Task Force and the International Association of Chiefs of Police, which entity is also directly stated to promote and disseminate guidance to law enforcement agencies on documenting, preventing, and addressing sexual harrasment and misconduct by local law enforcement agents?

<p>The U.S. Department of Justice.</p> Signup and view all the answers

What recommendations does the President's Task Force on 21st Century Policing provide regarding search and seizure procedures for LGBTQ and transgender populations?

<p>To establish search and seizure procedures related to LGBTQ and transgender populations. This indicates that the forms of racial profiling includes failure to respect individuals' gender identity when addressing member of the public and arrest processing.</p> Signup and view all the answers

What specific guidance should departments adopt concerning the treatment of children when their parents are arrested, and who should inform this guidance?

<p>Clear and specific guidance informed by consultation with currently and formerly incarcerated parents, prioritizing kinship and community care over system involvement.</p> Signup and view all the answers

According to the article, which populations have been found to be particularly vulnerable to sexual misconduct by law enforcement?

<p>Young women, women of color, homeless and low-income women, lesbian and transgender women, women who are or are perceived to be engaged in drug or sex trades, and immigrant women.</p> Signup and view all the answers

What are the core principles that departmental policies should address to limit the policing of women's bodies, appearance, movements, and behaviors?

<p>The broadest possible scope of activity, prohibiting consideration of actual or perceived identities to any degree except when linked to a specific and trustworthy description or information, in an enumerated set of contexts.</p> Signup and view all the answers

What steps can departments take to ensure that policies are effective in prohibiting gender- and sexuality-based profiling and policing practices?

<p>Careful and regular review of data and documentation relating to law enforcement activities to identify patterns of discriminatory or disparate treatment.</p> Signup and view all the answers

What should departments refrain from when the use of condoms as evidence is considered, and why?

<p>Departments should refrain from citing possession of condoms as evidence in prostitution-related offenses because it interferes with women's sexualities, reproductive autonomy, and public health.</p> Signup and view all the answers

How do departmental policies differ when explicitly addressing on-duty sexual misconduct against members of the public?

<p>There is considerable variation, from stand-alone policies prohibiting all on-duty sexual activity with explicit disciplinary measures to more vague descriptions of what is proscribed.</p> Signup and view all the answers

What specific action should the U.S. Department of Justice take to support local law enforcement agencies, as recommended by the President's Task Force on 21st Century Policing?

<p>Promote and disseminate guidance to federal, state, and local law enforcement agencies on documenting, preventing, and addressing sexual harassment and misconduct by local law enforcement agents.</p> Signup and view all the answers

In the absence of comprehensive policies at the federal level, what actions should local departments specifically consider when interacting with LGBTQ individuals in custody?

<p>Governing the determination of gender for the purposes of arrest processing, disrespectful treatment; homophobic and transphobic discrimination and abuse; unlawful and humiliating practices.</p> Signup and view all the answers

What unique challenge do nonheterosexual youth face regarding criminal justice sanctions?

<p>Nonheterosexual youth are more likely to be stopped by the police and experience greater criminal justice sanctions not explained by greater involvement in violating the law.</p> Signup and view all the answers

How does the New Orleans Police Department's policy aim to protect transgender individuals concerning calls for service?

<p>The policy ensures that officers shall not fail to respond to a call for service based on the caller's gender identity, expression, or sexual orientation.</p> Signup and view all the answers

According to the Chicago Police Department's policy, what aspect of an individual's identity is protected from disclosure without a proper law enforcement purpose?

<p>An individual's TIGN (trans, intersex, and gender nonconforming) identity.</p> Signup and view all the answers

Rather than specify an area for restraint like handcuffing, what does the Seattle, Washington police department has in policy concerning an arrest of a pregnant person?

<p>That they offer supervisors the option of requesting heightened investigation of such incidents but does not explicitly identify the types of force or restraint that should or should not be used against pregnant women.</p> Signup and view all the answers

What did the 2001 California legislative research reveal that could serve as a model for action in other jurisdictions?

<p>Regarding the arrest of custodial parents, the report urged that the state convene an advisory group on children of arrestees, require local collaborative development, and to coordinate local efforts.</p> Signup and view all the answers

What reason does the Minneapolis, Minnesota, department policy explicitly cite for requiring heightened justification when using force against pregnant women?

<p>Adverse public reaction.</p> Signup and view all the answers

When are Tampa Police allowed to account for gender or age?

<p>Detention, interdiction, targeting, selection, or special enforcement efforts directed toward an individual based solely or partially on the race, ethnic origin, gender, age, economic status, or sexual orientation of any individual, except when gender or age is an element of a suspected offense.</p> Signup and view all the answers

What does the Department in Louisville, Kentucky provide that they shall never be used against when deploying TASERs and other electronic control devices (ECDs)?

<p>On obviously pregnant women, elderly persons, young children, and visibly frail persons, unless an exigent circumstance exists.</p> Signup and view all the answers

How should officers address transgender individuals?

<p>Officers shall address transgender individuals by the individual's adopted name, use pronouns appropriate for that person's gender identity.</p> Signup and view all the answers

What were the goals of the surveys distributed in policing equity?

<p>To find law enforcements stance in racial profiling, sexual harrassment, PREA compliance, interactions in the LGBTQ, ensuring saftey of the police and the public, possession of condoms in prostitution cases, pregnant women, and the safekeeping of arrested parents kids.</p> Signup and view all the answers

What reasons are transgender detains particularly kept in police custody?

<p>Determining of gender for purposes of arrest processing, search, and detention, ensuring saftey of LGBTQ people, and use of possession or presence of condoms as evidence of intent to engage in prosti- tution-related offenses</p> Signup and view all the answers

Are there steps to ensure safety that police are taking for transgenders being booked?

<p>Yes, booking name including the prisoner's adopted name either as the primary name or a.k.a. Also, searches from the police will be done by two police officers of the gender requested when possible.</p> Signup and view all the answers

What is the unique policy that New York City's police force implements towards transgender individuals in custody?

<p>Guaranteed searches if the gender is requested when police can do so by law, as well as why this cannot be done and is recorded.</p> Signup and view all the answers

Are there instances where the police force of Louisville, Kentucky are allowed to be solicitous, or engaging in sexual conduct or activitiy as long as they have approval?

<p>Yes, unless necessary in the perfomance for official duty while on duty, department vehicle, or a goverment facility.</p> Signup and view all the answers

Flashcards

Policing of women of color

The unique ways in which women of color are racially profiled and policed.

Racial profiling

Using race or ethnicity as a factor in deciding to stop, question, or search someone.

Condom confiscation

A practice that disproportionately affects women of color and LGBTQ people.

Police sexual misconduct

Many forms of sexual harassment to rape.

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Policing LGBTQ individuals

LGBTQ persons experience specific discrimination in policing.

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Policies for children of arrested parents

The majority of police departments have no written protocol.

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Profiling bans

Anti-profiling policies should prohibit considering listed characteristics.

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Biased Law Enforcement Practices

Engaging in activities based on race, ethnicity, gender, etc.

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Gender Identification

Members shall not consider a person's gender identification.

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Class A violation

In sexual activity or self gratification.

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LMPD tolerance

The LMPD shall not tolerate any form of sexual harrassment.

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Boston PD

Officers shall adddress transgender individuals by the individual's adopted name.

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Minneapolis, Minnesota

Officers must consider the possible heightened risks in the medical field before the CEDS.

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Study Notes

Policing Race, Gender, and Sex: A Review of Law Enforcement Policies

  • Policing gender is the enforcement of social norms and expectations regarding appearance and behavior commonly associated with men and women
  • Policing sex is the regulation of sexual acts and sexuality

Introduction

  • The police killings of Mike Brown, Eric Garner, and Freddie Gray brought about focus on policing of Black women's bodies in context of racial profiling/use of force
  • Sandra Bland died in police custody in July 2015 after a traffic stop
  • A school resource officer violently assaulted a young Black woman at Spring Valley High in Columbus, South Carolina
  • Oklahoma City police officer Daniel Holtzclaw was tried for sexual assault of 13 Black women and girls in December 2015

Key Areas Examined in this Research

  • Racial Profiling
  • Confiscation or citation of presence/possession of condoms as evidence of intent to engage in prostitution-related offenses
  • Police sexual misconduct
  • Interactions with LGBTQ people
  • Use of force against pregnant women
  • Provisions for children when a parent/guardian is arrested

Racial Profiling

  • Racial profiling data is not often disaggregated by race and gender
  • An identical pattern of stops by race/ethnicity exists for both men and women
  • Black and Latina women make up 81% of women stopped by the NYPD
  • Black and Latino men make up 85% of men stopped
  • Racial disparities persist in the numbers of women arrested
  • Black and Latina women consistently make up more than 80% of arrests in New York City, despite accounting for just over 50% of the population
  • Unique forms of gender and sexuality-based racial profiling occur because of gendered stereotypes of women of color as sexually deviant, promiscuous, and bad mothers
  • Women of color have been profiled as drug couriers
  • Police routinely violate women's bodies through unlawful and degrading strip searches and body cavity searches aimed at finding drugs
  • Women of color have been profiled as engaging in prostitution-related offenses and offenses relating to child welfare
  • For women, racial profiling is often accompanied by gender-specific forms of police misconduct
  • Women have reported officers throwing their birth control pills, tampons, and sanitary pads onto the street, as well as sexual innuendos and inappropriate touching during stops

Condoms as Evidence

  • Policing of prostitution is a primary gender-specific context for racialized policing of the bodies, sexuality, and reproductive autonomy of women and LGBT people of color
  • Confiscation/citation of the possession/presence of condoms as evidence of intent to engage in prostitution-related offenses is a common tool used in prostitution enforcement
  • This policing practice disparately affects women of color and LGBTQ people of color who are stopped/searched and profiled as being engaged in prostitution-related offenses
  • Using condoms found in a pocket, purse, or premises as a basis for police harassment, arrest, and prosecution creates a disincentive to carrying/distributing condoms
  • Over half of people surveyed reported that awareness of this practice leads them to not carry condoms for fear of arrest/harassment
  • It is reported to encourage those engaged in the trafficking of people in the sex trades to deny access to condoms, placing trafficking victims at further risk Police officers' use of condoms near women's bodies as evidence of criminal conduct interferes with their sexual/reproductive autonomy and ability to protect themselves/public health
  • Most police department policies are silent on the propriety of this practice, enabling its unfettered use

Sexual Misconduct

  • There is currently no official data on prevalence of police sexual misconduct
  • Research based on surveys of media reports and criminal/civil cases indicates that police officers sexually harass and assault women at high rates
  • Sexual assault/misconduct was the second most frequently reported form of police misconduct after excessive force, representing 9.3% of complaints analyzed in 2010
  • Over half of officers involved in reported sexual misconduct were alleged to have engaged in forcible nonconsensual sexual conduct, and among minors
  • A yearlong investigation by the Associated Press revealed >1,000 cases over six years in which law enforcement officer licenses were revoked due to sexual misconduct
  • Sexual misconduct was the base for nearly 25% of law enforcement license revocations in Missouri and Florida
  • Officers report sexual misconduct to be common, yet criminal justice officials have done little to control the problem in the St. Louis, Missouri region
  • Police sexual harassment and misconduct occur during traffic stops and in police cadet programs intended to engage youth
  • Police sexual misconduct occurs in the context of responses to calls for assistance or investigation of domestic violence or sexual assault
  • Police sexual misconduct ranges from sexual harassment to forcible rape
  • It can include inappropriate/sexual comments, unnecessary contacts/actions, extortion of sexual favors in exchange for promises of leniency, inappropriate touching during stops/searches/detention, inappropriate questions about individuals' sexual orientation, unlawful strip searches, and forcible/coercive sexual conduct
  • Young women, women of color, homeless and low-income women, LGBTQ women, women in drug/sex trades, immigrant women have been found to be particularly vulnerable to sexual misconduct
  • Structural relations of power in law enforcement interactions facilitate police sexual misconduct, requiring systemic responses

Police Interactions With LGBTQ People

  • LGBTQ people of color experience gender- and sexuality-specific forms of profiling and police brutality
  • Local organizations have documented department-specific patterns of profiling/discriminatory treatment and homophobic/transphobic physical/sexual violence by police against LGBTQ people
  • A quarter of respondents who had in-person contact with police reported at least one type of officer misconduct
  • LGBTQ youth, people of color, low-income people, and transgender people were more likely to report police misconduct
  • LGBTQ people of color were five times more likely to be asked about their immigration status
  • Nonheterosexual youth are more likely to be stopped and experience greater criminal justice sanctions
  • Transgender and gender-nonconforming people report unlawful searches for assigning gender based on anatomical features as well as being housed in sex-segregated facilities
  • LGBTQ encounter: profiling and discriminatory enforcement of prostitution-related offenses; failure to respect their gender identity/expression during arrest processing, searches, and placement in police custody; sexual harassment/assault by law enforcement; denial of assistance/police protection
  • LGBTQ youth/adults are disproportionately affected by homeless people, public housing residents, and low-income communities
  • Police questioning, search, and detention practices enforce the borders of the gender binary and normative sexualities
  • Very few departments offered guidance/oversight with respect to interactions with LGBTQ people until recently

Use of Force Against Pregnant Women

  • There is currently no official data on the prevalence of use of force against pregnant women
  • TASERs against pregnant women have been protested
  • Areas of concern: rear handcuffing, police takedown tactics, use of physical force to the abdomen

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