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Home My WebLink About04-10-2001 Articles& r the Gazette, Mon., March 12, 2001 More minority drivers report police conflicts WASHINGTON (AP) — Blacks and Hispanics were twice as likely as whites to report use of force in encounters with police, said a report that also showed black drivers were more likely than whites to be stopped, searched, hand- cuffed or ticketed than whites. Two percent of blacks and Hispanics who had face-to-face encounters with police in 1999 reported force or threat- ened force, compared with just under 1 percent among whites, the Justice De- partment's Bureau of Justice Statistics reported Sunday. The report comes as Attorney General John Ashcroft has asked Congress to authorize a national study of racial profiling — the practice by law enforce- ment officials of singling out people based on their race. Ashcroft said he wants to get a mea- sure of how prevalent the practice is at local traffic stops. The Iowa City Police Department in April will require officers who make a traffic stop to report the race of each person they stop, the reason for the stop and if a search was conducted in an effort to discern if racial profiling is occurring, Police Chief R.J. Winkelhake said last week. Requiring the officer to report his actions during a stop will help the department analyze an individual offi- cer's actions, he said. Ashcroft, asked Sunday on ABC's "This Week" about previous racial profil- ing studies, said he was ready to act to stop the practice but wanted to first work with Congress on another study. The new Justice Department report said that while the 1999 survey of "contacts" between the public and police shows that black drivers are stopped more often than whites, that "is not necessarily evidence of racial profiling." "To form evidence of racial profiling, the survey would have to show that ... blacks were no more likely than whites to violate traffic laws and police pulled over blacks at a higher rate than whites," the report said. The survey didn't look at those factors, so it "cannot settle the question of whether or to what extent racial profil- ing exists," the report said. A little over 12 percent of black drivers were pulled over in 1999, com- pared with 10.4 percent of whites and 8.8 percent of Hispanics. Black and Hispanic drivers were twice as likely to be physi- cally searched or have their vehicles searched and were more frequently tick- eted than whites. Overall, the study showed that 21 percent of U.S. citizens had encounters with police and force was involved in about 1 percent of those cases. About 422,000 people aged 16 or older out of a total of 44 million people who had encounters with the police said officers used or threatened to use force against them. About one in four said they did something to provoke officers. The vast majority of those who experienced force were male and under age 32. The survey involved over 80,000 people and was carried out during the last six months of 1999. �. i �., t t >•r 1 1 11 i s t} ¢ yw. �q�� Page 3A Tuesday, Ocal March 13, 2001 Iowa City Press -Citizen r Iowa City Racial profiling r j to be discussed University of Iowa law • professor David Baldus will I ... . discuss racial profiling and , " traffic stop data collection tonight during a meeting of the Iowa City Police Citizens 4 Review Board The police department began collecting basic traffic stop demographic informa- tion in mid-1999. Iowa City Police Chief R.J. Winkeillake t has said his department will expand its data collection efforts next month to 1 • ' include various questions - regarding the reason for, t process of and outcome for every traffic stop. - During tonight's PCRB meeting, the police depart- I ment also will present its , goals for 2001. The meeting begins at 7 p.m. in the lobby conference s w room at the Civic Center, 410 E. Washington St. The public , 1 is invited to attend. r . • • anion Our view Iowa City Press -Citizen New data Page 11A Wednesday, March 21, 2001 right move for police Finally, we'll have some racial profiling data that might mean some- thing. Iowa City Police Chief R.J. Winkelhake announced recently that officers would add to their checklists new infor- mation when making traf- fic stops. The keys: ■ Why a person was stopped. ■ Whether a search was conducted and why. ■ Whether the person stopped was cited, arrest- ed or let go. In mid-1999 the Iowa City Police Department started collecting data on traffic stops, in response to complaints officers were stopping motorists based on their race. Winkelhake originally opposed collecting the data, but he relented when he realized no amount of denial on his part could shake public perception. And the perception: that minorities were stopped more than whites, simply because they were minorities. We applauded the move, while recognizing it might be difficult to draw any conclusions from the data And that The issue: ■ Iowa City police to collect more data on traf- fic stops. We suggest: ■ This is just what we need, to show if we have a problem or not. turned out to be the case. Without knowing why people were stopped and what happened as a result of the stop, all we had were raw numbers. They meant little. That could change. Winkelhake plans to start the new procedures in April. With any luck, a year from now we'll be able to tell whether police are targeting minorities for special — and unde- served — attention. Even better, other cities — such as Coralville, Cedar Rapids, Ames and Des Moines — are considering following Iowa city's lead, Winkelhake said. We don't know if Iowa City police are targeting minorities. We do know that we need to find out. The new data should help. ,i,, i v,, I u.r 1,,I,, w,, I l n,, a I, I< pa l 6 c l h IInK.0 W nn r, nn " n " I ii u.,iin1,'u.,m I A'IN oiu.+li,n u.p Ab'ntic, I,trIli, _ i. I M E's UNION Home News Today s Stones rust published Tuesday. April 3, 2001 Police review task force says it needs leYal help SC'I IENE('TADY --A task force exploring cleat loll of an independent civilian review board to handle complaints against police officers decided Monday it needs legal counsel to continue its mission "We must have a lawyer at our nlecungs to get Lis through the melee of legalese involved in these matters," said the Rev. Van Stuart, who chaired the meeting in the absence of ('ouncilnlan Brian Stratton_ The six of nine members of the task force present Mondav were unanimous in cotine on the. issue. The board, split over wheUier to con6nuc meeting without an attoinev present, scheduled its next session for Monday "We arc supposed to create a set of recommendations for a police review bi but when vnc have tried to look into things we've been told by various officials That we can't do this and we can't do that." Strait said_ The task force is reviewing proposed legislation for an independent review board l lowever, at last week's task force meeting Elayne (fold, a city labor lawver, said similar legislation proposed in Syracuse was challenged by the city',, police union and has been stalled by a 1998 state Supreme ('nurt iHILHIC ion -- Mary Genial, Send this story to a friend �* Return to Tones St. Peter's Hospita I the 1�,'ornan'w I-Iasrita[ Cup, ngh1 211iII Cupdvl A,"'I epm l )I,ae,n , - I I1m I I c m I ( �nI,prob=•n_ AIb"m. \.) I I" mlrimmlion cnu rcccivc wdiue liam inm.l lmm,s I . . I,Icd h, Ili: oynm•bI IaoI Id II I "tl:d SI:II, 'I hrop, rig6l Ll pmhlhF "me uln �_ :JiJnbu Gne, I 0 ra nv n tl l I ne. ni I,pwpo ,,d:nn op, .1:6LIII Ieaadnr.II Iiu1. J DAVID C. BALDUS Curriculum Vitae-]0/25/2000 zph B. Tye Professor, University of Iowa College of Law • Iowa City, Iowa 52242-1113 o. 3191335-9012 - Fax: 3191335-9098 - Internet: david-haldus(a uiowa.edu ACADEMIC EMPLOYMENT UNIVERSITY OF IOWA COLLEGE OF LAW, IOWA CITY, IOWA Joseph B. Tye Professor, 1983 - Present Professor, 1972-83 Associate Professor, 1969-71 Subjects: Criminal Law, Anti -discrimination Law, Capital Punishment, Federal Criminal Law, and Admiralty SYRACUSE UNIVERSITY COLLEGE OF LAW Center for Interdisciplinary Legal Studies Professor and Director, 1981-82 NATIONAL SCIENCE FOUNDATION Director, Law and Social Sciences Program, 19 75- 76 PRE -ACADEMIC EMPLOYMENT PENNSYLVANIA CONSTITUTIONAL CONVENTION Delegate, 1967-68 GENERAL PRACTICE OF LAW, Pittsburgh, Pennsylvania 1964-68 U.S. ARMY/ARMY SECURITY AGENCY (ASA) Lieutenant, 1958-59 YALE LAW SCHOOL LL. M, 1969 - LL. B., 1964 UNIVERSITY OF PITTSBURGH M.A., 1962 (Political Science) DARTMOUTH COLLEGE A.B., 1957 (Government Major) BOOKS AND MONOGRAPHS Statistical Proof of Discrimination, 386 pages, Shepards-McGraw Hill (1980) (with James W. Cole). Annual Supplement, Statistical Proof of Discrimination (1981), (1982), (1983), (1984), (1985), (1986), and (1987) (with James W. Cole). Equal Justice and the Death Penalty: A Legal and Empirical Analysis, 698 pages, Northeastern University Press (1990) (with G. Woodworth & C. Pulaski). ARTICLES BOOK CHAPTERS & REPORTS "State Competence to Terminate Concession Agreements with Aliens," 53 Kentucky L.J. 56-97 (1964). "Pennsylvania's Proposed Film Censorship Law - House Bill 1098," 4 Duquesne L. Rev. 429-40 (1966). "Welfare As A Loan: An Empirical Study of the Recovery of Public Assistance Payments in the United States," 25 Stanford L. Rev. 123-250 (1973). "A Model Statute for the Regulation of Abandoned Railroad Rights of Way" in Re -Use Planning for Abandoned Transportation Properties, Final Report to DOT. 109-25 (K. Deuker and R, Zimmerman eds. 1975) (with S. Grow). "A Comparison of the Work of Thorsten Sellin and Isaac Ehrlich on the Deterrent Effect of Capital Punishment," 85 Yale. L. J. 170-86 (1976) (with J. Cole). "Quantitative Proof of Intentional Discrimination," 1 Evaluation Quarterly 53-85 (1977) (with J. Cole). "Statistical Modeling to Support a Claim of Intentional Discrimination," Am. Statistical Assn.. Proceedings of the Sue. Stat. Sec. Part I pp. 465-70 (1977) Qunior author with J. Cole). "Quantitative Methods for Judging the Comparative Excessiveness of Death Sentences" in The Use/Nonuse/Misues of Applied Social Research in the Court: Conference Proceedings, 83-94 (M. Saks & C. Baron eds. 1980). "Identifying Comparatively Excessive Sentences of Death," 33 Stan. L. Rev. 601-77 (1980) (with C. Pulaski, G. Woodworth, and F. Kyle). "Comparative Review of Death Sentences: An Empirical Study of the Georgia Experience," 74 J. Crim. L. & Criminology 661-753 (1983) (with C. Pulaski & G. Woodworth). "Monitoring and Evaluating Contemporary Death Sentencing Systems: Lessons From Georgia," 18 U.C. Davis L. Rev.1375-1407 (1985) (with C. Pulaski & G. Woodworth). "Arbitrariness and Discrimination in the Administration of the Death Penalty: A Challenge to State Supreme Courts," 15 Stetson L. Rev. 133-261 (1986) (with C. Pulaski and G. Woodworth). "Law and Statistics in Conflict: Reflections on McCleskey v. Kemp," in Handbook on Psychology and Law 251-73 (D. Kagehiro & W. Laufer eds. 1991) (with G. Woodworth & C. Pulaski). "Race Discrimination and the Death Penalty," in Oxford Companion to the Supreme Court of the United States 705-07 (K. Hall ed. 1991) (with C. Pulaski and G. Woodworth). Death Penalty Proportionality Review Project: Final Report to The New Jersey Supreme Court, 120 pages plus 200+ pages of tables and appendices, (September 24, 1991) State v. Robert Marshall; Report to the New Jersey Supreme Court, 80 pages (September 24, 1991). "Proportionality Review of Death Sentences: The View of the Special Master," 6 Chance 18-27 (Summer 1993) (with G. Woodworth). "Reflections on the 'Inevitability' of Racial Discrimination in Capital Sentencing and the 'Impossibility' of its Prevention, Detection, and Correction," 51 Wash & Lee L. Rev. 419- 79 (1994) (with G. Woodworth and C. Pulaski). "Improving Judicial Oversight of Jury Damage Assessments: A Proposal for the Comparative Additur/Remittitur Review of Awards for Nonpecuniary Harms and Punitive Damages," 80 Iowa L. Rev. 1109-1267 (1995) (with J. MacQueen & G. Woodworth). Keynote Address: "The Death Penalty Dialogue Between Law and Social Science." 70 Ind. U. L. Rev. 1033- 41 (1995). "Additur/Remittitur Review: An Empirically Based Methodology for the Comparative Review of General Damages Awards for Pain, Suffering, and Loss of Enjoyment of Life," (with G. Woodworth and J. MacQueen) in Reformine the Civil Justice System, 386-415 (Likamer, ed. 1996). "When Symbols Clash: Reflections on the Future of the Comparative Proportionality Review of Death Sentences," 26 Seton Hall L. Rev. 1582-1606 (1996). "Race Discrimination in America's Capital Punishment System Since Furman v. Georgia (1972): the evidence of race disparities and the record of our courts and legislature in addressing the issue," Report to A.B.A. Section of Individual Rights and Responsibilities (7/25/97) (19 pages) (with G. Woodworth). "Pediatric Traumatic Brain Injury and Burn Patients in the Civil Justice System: The Prevalence and Impact of Psychiatric Symptomatology," 26 J .Am. Acad. Psychiatry L. 247-58 (1998) Ounior author with J. Max et al.) "Race Discrimination and the Death Penalty: An Empirical and Legal Overview" (with G. Woodworth) in America's Experiment with Capital Punishment) 385-416 (J. Acker et al, eds. 1998). "Race Discrimination and the Death Penalty in the Post Furman Era: An Empirical and Legal Overview, With Recent Findings From Philadelphia," 83 Cornell L. Rev. 1638-1770 (1998) (with G. Woodworth et al.). "The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical Analysis," _ U. Penn. J. of Constitutional Law (2000) (with G. Woodworth et al,) (forthcoming) BOOK REVIEWS "D. Chambers, Making Fathers Pav," 78 Mich. L. Rev. 750 (1980) M. O. Finkelstein, Quantitative Methods in Law & W. Fairley & F. Mosteller, Statistics and Public Policy, 1980 Am. Bar. Found. R. J. 409. "W. White, The Death Penalty in the Eighties" & "H. Bedau, Death is Different," I Crim. L. Forum 185 (1989) (with G. Woodworth & C. Pulaski). PAPERS PRESENTED SINCE 1985 "Arbitrariness and Discrimination in Capital Sentencing: A Challenge For Presented State Supreme Courts," Stetson Law School, March 1985. "Arbitrariness and Discrimination in Capital Sentencing: The Georgia Experience," Fortunoff Criminal Justice Colloquium, N.Y.U. Law School, May 1985. "Statistical Proof in Employment Discrimination Litigation: An Overview", State of Washington Judicial Conference, Tacoma, Washington, August, 1985. "Arbitrariness and Discrimination in Capital Sentencing" Symposium on Capital Punishment, Columbia Law School, December 1985. "Capital Punishment -- A Tragic Choice?" Mount Mercy College, Cedar Rapids, Iowa, April 1986. "Consistency and Evenhandedness in Federal Death Sentencing Under Proposed Legislation," testimony before House Criminal Justice Subcommittee, Washington, D.C., May 1986. "The Impact of Prosecutional Discretion on Arbitrariness and Discrimination," American Criminology Society, Atlanta, GA, November 1986. "Death Penalty Cases: The Role of Empirical Data," National Judicial College of San Diego, February 10, 1987. "Individual Rights and the Constitution: Issues and Trends in the Death Penalty," Controversy & The Constitution Conference, Ames, Iowa, February 12, 1987. "Equal Justice in Proposed Federal Death -Sentencing Legislation: lessons from the states," Testimony before the United States Sentencing Commission, Hearing on the Commission's responsibility regarding promulgation of sentencing guidelines for federal capital offenses, Washington, D.C., February 17, 1987. "Usable Knowledge from the Social Sciences: A Lawyer's Perspective," University of Nebraska College of Law, April 10, 1987. "Equal Justice and the Death Penalty: Some Empirical Evidence," University of Nebraska College of Law, April 10, 1987. "McCleskey v. Kemp: A methodological critique," Law and Society Association, Washington, D.C., June 12, 1987. "Law and Statistics in Conflict: Reflections on McCleskey v. Kemp," University of Bristol (March 4, 1988), University of Durham (March 16, 1988), Hebrew University (April 17, 1988), University of Reading (May 6, 1988), University of Oxford (May 27, 1988). "Arbitrariness and Discrimination in the Imposition of the Death Penalty," Testimony before Senate Judiciary Committee, Washington, D.C., October 2, 1989. "Arbitrariness and Racial Discrimination in Post -Furman Death Sentencing: Implications for the Racial Justice Act and Proposed Federal Death -Penalty Legislation," Testimony before the Constitutional and Civil Rights Subcommittee, House Judiciary Committee, Washington, D.C., May 3, 1990. "The Proportionality Review of Death Sentence: New Jersey's Options," New Jersey Bar Assembly, Headquarters, New Brunswick, New Jersey, April 23, 1992. "Proportionality Review of Death Sentences: New Jersey's Options," Law and Society Association, Philadelphia, May 24, 1992. "Regulating the Quantum of Damages for Personal Injuries through Enhanced Additur- Remittitur Review," Law and Society Association, Philadelphia, May 28, 1992. "Proportionality Review of Death Sentences" & "Race Discrimination in the Use of the Death Penalty," University of Michigan Law School, January 1993. "Reflections on the Reinstatement of the Death Penalty in Iowa," Public Lecture, Coe College, April 1993. "Discretion and Disparity in the Administration of the Death Penalty" & "Racial and Ethnic Bias in the Criminal Law: Some Trends and Prospects," AALS Workshop on Criminal Law, Washington, D.C., October 29 & 30, 1993. "Improving Judicial Oversight of Jury Damages Assessments: A Proposal for the Comparative Additur/Remittitur Review of Awards for non -pecuniary harms and punitive damages," Conference of Chief Justices, Williamsburg, Virginia, January 1993; Department of Pediatrics, University of Iowa Medical School, February, 1993; Conference on Civil Justice Reform, NYU Law School, October 1993. "Racial Discrimination in Capital Sentencing: Reflections on its Inevitability and the Impossibility of its Prevention and Cure," Symposium on Racism in the Criminal Law, Washington and Lee Law School, March 11, 1994. "Racial Discrimination in Mortgage Lending," Department of Housing and Urban Development, January 19, 1994. "The Death Penalty Dialogue Between Law and Social Science," Keynote Address, Symposium, Capital Jury Project, Indiana Law School, February 24, 1995. "Reflections on the Failure to Reinstate the Death Penalty in Iowa" & "Claims of Arbitrariness and Discrimination Under State Law; recent trends." Legal Defense Fund Annual Conference on the Death Penalty, Airlie House, Virginia, July 28 & 29, 1995. "Statistical Approaches to Title VII Discrimination Claims" Defense Lawyers Association, Des Moines, September 1995. "The Marshall Hypothesis Revisited," University of Pittsburgh Law School, October 1995. "When Symbols Clash, Reflections of Proportionality Review, Death Sentences," Luncheon speaker, Death Penalty Conference, Seton Hall Law School, Nov. 2, 1995. "Law As Symbol: explaining the uses of the death penalty in America," De Paul Law School, Chicago, January 1996; Northwestern Law School, March 1996. "Post-McCleskey Discrimination Claims: Law, Proof and Possibilities," Plenary Session, Legal Defense Fund Annual Conference on the Death Penalty, Georgetown University, July 26, 1996. "Preliminary Finding from the Pennsylvania Capital Charging and Sentencing Study" and "Law As Symbol," American Criminology Society, November 1996. "The Death Penalty and How It Might Affect the Iowa Practitioner," Iowa Bar Association Criminal Law Seminar, Des Moines, March 21, 1997. "Race Discrimination and the Death Penalty: Recent Findings from Philadelphia" Plenary Session, Legal Defense Fund Annual Conference on the Death Penalty, Airlie House, Virginia, July 1997; Death Penalty Symposium; Cornell Law School March 1998; American Society of Criminology, Washington D.C. November 1998. "The Death Penalty for Iowa: What Would It Bring," testimony before the Iowa House Judiciary Committee, March 1998. "Race Discrimination and the Proportionality Review of Death Sentences," Yale Law School, March 1998; St. John's Law School, March 1999. "The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical Analysis," Research Club, University of Iowa, December 17, 1999; Center for Socio- Legal Studies, University of Iowa, January 21, 2000; "Race, Crime, and the Constitution Symposium," University of Pennsylvania Law School, January 29, 2000; Law Dept., Erlangen University, Erlangen, Germany, July 18, 2000. "Race Discrimination in the Administration of the Death Penalty," Senate Judiciary Committee, Pennsylvania Legislature, Harrisburg, Pa., January 22, 2000; The Governor's Race and the Death Penalty Task Force, Tallahassee, Florida, March 30, 2000, ABA's Call to Action: A Moratorium on Executions, ABA Conference, Carter Center, Atlanta, Georgia, October 12, 2000. "Reflections on the Use of Capital Punishment in Europe and the United States," Political Science Dept., Erlangen University, Erlangen, Germany, July 17, 2000. Member: American Bar Association; American Law Institute; American Society of Criminology; Law and Society Association. Board of Editors: Evaluation Quarterly (1976-79); Law & Policy Quarterly (1978-79); Law and Human Behavior (1984- ); Psychology, Public Policy and Law (1994- ). Board of Trustees, Law and Society Association (1992-94). Grant Recipient, N.S.F. Law and Social Science Program 1974-75--"Quantitative Proof of Discrimination." Invited Participant, N.S.F. Sponsored Conference on the Use of Scientific Evidence in Judicial Proceedings, November 1977. Invited Participant, ABA--AAAS Conference on Cross Education of Lawyers and Scientists, Airlie House, Virginia, May 1978. Reporter, Roscoe Pound Am. Tr. Lawyers Foundation Conf. On Capital Punishment, Harvard University, June 1980. Grant Recipient, National Institute of Justice, 1980-81, "The Impact of Procedural Reform on Capital Sentencing: the Georgia Experience." Consultant, Delaware Supreme Court, April 1981 and South Dakota Supreme Court, November 1981, on the proportionality review of death sentences. Member, Special Committee of the Association of the Bar of New York on Empirical Data in Legal Decision Making and the Judicial Management of Large Data Sets (1980-82). Grant Recipient, NSF Law & Social Science Program. "A Longitudinal Study of Homicide Case Processing" (1983). Consultant, National Center for State Courts project on the proportionality review of death sentences (1982-84). Expert witness in McCleskey v. Kemp, 105 S.Ct. 1756 (1987), a capital case challenging the constitutionality of Georgia's capital sentence process. Recipient, Law and Society Association's Harry Kalven Prize for Distinguished Scholarship in Law and Society (with G. Woodworth & C. Pulaski) for our capital punishment research ( June 11, 1987). Grant recipient, State Justice Institute, 1988-1992, "Judicial Management of Judicial Awards for Noneconomic and Punitive Damages" (with Dr. J. MacQueen & J. Girder). Special Master for Proportionality Review of Death Sentences for the New Jersey Supreme Court: 1988-91. Member, AALS Committee on Curriculum and Research (1994-97). Recipient, "Michael J. Brody Award for Faculty Excellence in Service to the University of Iowa", October 1996. Recipient, "Award For Faculty Excellence," Board of Regents, State of Iowa, October 18, 2000, Member, AAUP, Iowa Chapter (1969-_J, Member, Executive Board (1992- Member Committee A (1985-_) 7 Iowa City Police Citizens Review Board Municipal Building March 13, 2001 Police Traffic Stop Data Iowa City, Iowa 8/1/99 — 4/10/2000 David C. Baldus College of Law Iowa City, Iowa w±r tt{ pax` 00 CT 06 o C 00 sip ?" mIE.. o Vl n C. 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