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Why Louisiana Needs Reform

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Why Louisiana Needs Reform POLICE AND DATA COLLECTION WHY LOUISIANA NEEDS REFORM About the Southern Poverty Law Center The Southern Poverty Law Center, based in Montgomery, Ala., is a nonprofit civil rights organization founded in 1971 and dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. The SPLC has offices in five Southern states, including Louisiana. For more information about THE SOUTHERN POVERTY LAW CENTER www.splcenter.org © 2018 SOUTHERN POVERTY LAW CENTER CONTENTS EXECUTIVE SUMMARY .................................................................................... 3 THE IMPORTANCE OF DATA FOR GOOD GOVERNANCE AND EFFECTIVE POLICING ................................................... 4 LOUISIANA’S ONLY LAW ON DATA COLLECTION ............................................ 9 THE SPLC’S INVESTIGATION INTO LOUISIANA’S DATA COLLECTION LAW ......................................................... 9 INCREASING THE CAPACITY OF LAW ENFORCEMENT TO COLLECT DATA ON POLICING ................................................................ 11 RECOMMENDATIONS ......................................................................................13 ENDNOTES ......................................................................................................14 ACKNOWLEDGMENTS .................................................................................... 20 Executive Summary If Louisiana were a country, it would have The case of Lakitha Wright illustrates the the second-highest incarceration rate in the need for better data on policing. In May 2018, world, behind only Oklahoma.1 In 2017, the a Louisiana state judge awarded damages to state Legislature enacted long-overdue sen- Wright stemming from an incident in April tencing reforms to reduce the number of 2012, when Iberia Parish Sheri’s Oce dep- people in prison. Though laudable and neces- uties pushed Wright, who was eight months sary, the 2017 legislation is expected to reduce pregnant at the time, over a porch railing, threw Louisiana’s prison population by at most 10 her to the ground, and pepper-sprayed her.7 It is percent.2 It is therefore only the first of many possible that law enforcement ocers have used reforms that are needed to shrink Louisiana’s force against other pregnant women in the past bloated prisons. several years, but no data are publicly available Sentencing occurs at the end of the criminal to determine the prevalence of such incidents.8 justice process, after the accused individual has The Legislature has tried to mandate data been apprehended and adjudicated. Policing collection in the past, but the SPLC’s investiga- occurs at the beginning of the process. An o- tion of this eort reveals that it has largely been cer’s decision of whom to stop, cite, and arrest a failure. A 2001 statute requires law enforce- is the gateway to the rest of the system. ment agencies either to adopt a written policy Yet Louisianans know shockingly little about against racial profiling or to submit data on police activities in the state – even when com- trac citations to the Louisiana Department pared to other parts of the criminal justice of Public Safety and Corrections. After survey- system. The Louisiana Department of Public ing Louisiana’s 331 law enforcement agencies, Safety and Corrections, for example, publishes the SPLC determined that approximately two- quarterly updates on all prisoners placed under thirds may be able to claim an exemption from its jurisdiction, including their sex, race, con- data collection based on their possible adop- victions, and information about their physical tion of an anti-profiling policy. Of the remaining and mental health.3 third of agencies (109) that have no anti-profil- In contrast, police departments and sheris’ ing policy and are therefore required to submit oces are not required to report the number data, all but two have failed to comply with the of people they stop, search, and arrest – or, law for the past 18 years. even more concerning, how many times they Without better data, Louisiana will not use force each year.4 Law enforcement agen- be able to evaluate whether or how its law cies are also not required to report how many enforcement ocers contribute to the state’s complaints they receive annually, the disposi- astronomical incarceration rate and what tion of these complaints, or how many ocers reforms should be prioritized. Police will not are disciplined or terminated for misconduct.5 be able to improve their performance or refute Because law enforcement agencies are not criticisms that their practices unfairly target required to report on any of these indicators, certain groups or that misconduct persists it is impossible to know if policing has a dispro- across an entire department. And communi- portionate impact on certain populations, such ties will remain in the dark about how public as people of color, people with disabilities, or servants who are licensed to use force carry out people who identify as lesbian, gay, bisexual, their duties. transgender, queer, or questioning. For fiscal State lawmakers must pass legislation year 2017-2018, the Louisiana Legislature allo- requiring comprehensive data collection and cated more than $377 million to support the reporting by all law enforcement agencies, and state’s law enforcement agencies.6 Yet their agencies should also take the initiative to col- activities remain shielded from public scrutiny. lect and publish more data on their activities. SOUTHERN POVERTY LAW CENTER 3 The Importance of Data for Good Governance and Eective Policing Data permeate almost all aspects of modern life. of force, “[W]e can’t have an informed discus- Drivers avoid trac jams by relying on mobile sion because we don’t have data. People have navigation apps that aggregate data from mil- data about who went to a movie last weekend or lions of motorists. Parents often select schools how many books were sold or how many cases for their children based on data regarding the of the flu walked into an emergency room, and schools’ average test scores, graduation rates, I cannot tell you how many people were shot and college admission rates. Dating apps match by police in the United States last month, last people based on their common interests, pref- year, or anything about the demographics, and erences, and proximity. that’s a very bad place to be.”10 Good governance is just as dependent on People from across the political spectrum data. Governments constantly collect, ana- support increased data collection and pub- lyze, and disseminate data to keep the public lic reporting. One poll from 2015 found that informed about everything from economic 67% of California voters who identified as trends to the projected paths of hurricanes, Republicans, 78% of voters who identified as from comparisons of student loan options to independents, and 87% of voters who iden- the spread of infectious diseases. If government tified as Democrats favored requiring police policies are not data-driven, it is hard for gov- departments to release the results of investi- ernment to be effective. gations into misconduct.11 On the other side of It is no surprise, then, that data are just as the country, the Republican-majority Florida important to policing as they are to the rest of Legislature enacted a groundbreaking law in daily life. Data help police identify crime trends, 2018 that will vastly increase the availability of allocate resources to address these trends, and public data on all aspects of the state’s criminal assess the eectiveness of training and oper- justice system – from arrest to bail to sentencing ational planning. Providing public access to to time spent in prison.12 The House Judiciary data also increases transparency and helps Committee chairman, a Republican and for- build trust with the communities served by mer prosecutor, explained that, without data, law enforcement, which is important for devel- Florida was “flying blind. We didn’t have access oping collaborative solutions to reduce crime. to the data, because it was in so many dierent As Jim Bueermann, president of the Police places, it was virtually unusable.”13 But with the Foundation and a former chief of the Redlands new law, Florida will be able to establish “a more Police Department in California, has explained, fair, accountable and transparent system.”14 “Releasing open data is more than a gesture of Several other conservative-leaning states, trust on behalf of law enforcement agencies; including Kansas, Missouri, North Carolina, it is a shrewd use of resources and a means of and Texas, have embraced data collection and enlisting communities to solve some of their mandated it for several police activities.15 most entrenched crime problems. As such, it can be a key component in the co-production of Data Collection Enhances Public Safety and public safety and one that we must embrace.”9 the Ecient Use of Police Resources In contrast, when police do not make data Over the past 25 years, police departments have available, this frustrates public accountability increasingly relied on data to improve their and eective police work. As a former FBI direc- performance – both to reduce crime and to tor put it in 2015 when responding to a question preserve tax dollars – by using their resources from a member of Congress about police uses more efficiently. 4 WHY LOUISIANA NEEDS REFORM REDUCING CRIME. Recent studies have found Data Collection Promotes Professional that CompStat (a statistics and performance Police Work management
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