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Racial Bias in Policing: Startling Findings from Florida’s Highway Patrol

  • Search rates of Black motorists among White officers more than doubled between 2014 and 2018.
  • White Republican officers are more than twice as likely than White Democrats to search Black motorists.
  • These biases remain even when controlling for repeat offenders, the type of stop, the time of day, and the racial composition, poverty rate, and crime rate of the county where the stop occurred.

“Membership in the Republican party is associated with racial bias among White officers.” This is the bold conclusion of a new study authored by Samuel Thomas Donahue, a Ph.D. student and Paul F. Lazarsfeld Fellow in the Department of Sociology at Columbia University.

Using a uniquely powerful dataset, Donahue examined more than 5 million traffic stops made by the Florida Highway Patrol between 2012 and 2020. Recently published in the American Sociological Review, one of sociology’s top journals, his findings are an important contribution to the lengthening literature documenting racial bias in policing.

Read on to learn more about the problem, Donahue’s findings, and what you can do to help address racial bias in policing.

An AI generated photorealistic image of a black man, standing by his vehicle, holding his hands up, symbolizing racial bias in policing

The Problem: Racial Bias in Policing

Social scientists have produced hundreds of studies detailing the continuing, pervasive, and devastating effects of racial bias in policing. Here are some of the major findings:

1. Racist Laws and Policies

Racial bias in the criminal justice system is not just a product of individual prejudices. It is embedded in the policies, practices, and institutions of the system itself. This includes laws that disproportionately target communities of color, policing practices like racial profiling, and the use of algorithms in sentencing that can reinforce existing biases.

For example, between 2002 and 2013, the New York City Police Department’s notorious “stop-and-frisk” policy permitted officers to detain civilians and search them for weapons without a warrant:

  • The NYPD made over 5 million stops during those 12 years.
  • Over 87 percent of those stopped had no prior convictions.
  • 83 percent of those stopped were Black or Hispanic, even though these groups comprised only 54 percent of the population.
  • The practice was halted in 2013 when a U.S. District Court ruled that it was racially discriminatory and unconstitutional.

2. Racial Bias in Police Interactions

Unsurprisingly, racial bias seeps into everyday police interactions:

  • A 2017 study from the Proceedings of the National Academy of Sciences used machine learning techniques to analyze the transcriptions of body camera footage and study how police officers communicate with the community.
  • These researchers found that police officers were much more likely to speak disrespectfully to Black residents than to white residents, even after controlling for the crime rate in the neighborhood, the type of interaction (e.g., traffic stop, pedestrian stop), and the outcome of the interaction (e.g., citation, arrest).
  • In 2020, a study in Nature Human Behavior analyzed nearly 100 million traffic stops across the United States. The researchers found that Black drivers were stopped more often than white drivers and were searched more frequently, even though searches of white drivers were more likely to yield illegal drugs or contraband.

These persistently negative interactions erode trust in law enforcement within communities of color. People in these communities may then be less likely to report crimes, less likely to cooperate with police investigations, or more likely to feel scared or hostile during interactions with the police.

3. Racial Bias in Police Use of Force

Studies show a clear racial bias in the use of force by law enforcement:

  • The Washington Post has maintained a comprehensive database on police shootings since 2015. As of this writing, Black Americans (5.8 per million per year) have been killed by the police at more than twice the rate of White, non-Hispanics (2.3 per million per year).
  • Over 95% of police fatality victims are male, and more than half of them are between the ages of 20 and 40.
  • A comprehensive analysis from the Proceedings of the National Academy of Sciences in 2019 found that Black Americans are 2.5 times more likely than white Americans to be killed by police. At current rates, about 1 in 1,000 Black men in the United States will be killed by the police.
  • This study also found that Black and Hispanic people are much more likely to experience non-lethal uses of force, like being handcuffed, pushed to the ground, or pepper-sprayed, even when controlling for whether the individual was resisting arrest or the severity of the alleged crime.

4. Racial Bias in the Legal System

Racial bias doesn’t stop at the courtroom door. The legal system is also heavily biased against people of color:

  • Arrest Rates: For many crimes, people of color are arrested at higher rates than white individuals, even when crime rates are similar across racial groups.
  • Bail and Pretrial Detention: People of color are often assigned higher bail amounts and are more likely to be detained pretrial, which can lead to worse case outcomes.
  • Charging Decisions: Prosecutors are more likely to throw the book at people of color, charging them with crimes carrying heavier sentences, such as those triggering mandatory minimums.
  • Legal Representation: People of color are more likely to rely on public defenders, who are often overburdened with high caseloads, rather than private attorneys.
  • Plea Bargaining: Blacks and Hispanics are often offered less favorable plea deals compared to Whites, leading to longer sentences.
  • Jury Selection: People of color are often underrepresented in juries, due to both intentional strategies like peremptory challenges, and systemic factors like felony disenfranchisement.
  • Conviction and Sentencing: Juries are more likely to convict defendants of color, especially when the victim is White. Furthermore, even after controlling for factors like the severity of the offense and criminal history, people of color, particularly Black men, receive longer and more severe sentences than White convicts.

Conclusion

The cumulative effect of all these discriminatory practices in policing and the legal system is a massive overrepresentation of people of color in the prison system:

  • Black people, who constitute 13% of U.S. residents, make up a whopping 33% of the sentenced prison population.
  • Black and Hispanic men, together representing 32% of the U.S. populace, account for a staggering 56% of the prison population.
  • Hispanic men are more than twice as likely as white men to end up behind bars.
  • Black men? Six times more likely.

This is why so many incidents of police violence against Black men in recent years, from the killing of Michael Brown in 2014 to the murder of George Floyd in 2020, have ignited so much outrage among Americans of all races. These citizens recognize that highly publicized deaths like Brown’s and Floyd’s are just the tip of the iceberg. They are the most visible and vivid manifestation of the violence and bias against people of color pervading the American criminal justice system at all levels.

The criminal justice system is far from the only arena in which there is systematic bias against Black people. (See, for example: “The Struggle for Educational Mobility: A Tale of Race and Reward” and “Tackling Racism in the NFL: On-field Positions and Off-field Hiring.”) But it is perhaps the most significant–and certainly the most deadly.


The Study

Donahue’s study focuses specifically on traffic stops by the police, and the decision to search a motorist once they have been stopped. Multiple studies have already shown that:

  • Black and Hispanic drivers more likely to be stopped by the police than White drivers.
  • Once stopped, Black and Hispanic drivers are more likely to be searched than White drivers.
  • These disparities are still present even when controlling for other factors, like the reason for the stop and the location.

Donahue’s study extends them by considering two additional and potentially very important variables:

  1. the political affiliation of the officer, and
  2. the political context of race relations at the time of the stop

Hypotheses

Donahue wanted to examine whether political affiliation plays a role in the decision to search a citizen in a stopped car. He cites multiple studies concluding that the Republican party has actively worked to associate Black people with criminality since the 1960s (see below). He also cites studies showing that ties between police organizations and the Republican party have strengthened since the rise of Donald Trump. As a result, he hypothesizes that White Republican police officers will choose to search stopped Black motorists at a higher rate than White Democratic officers.

His second hypothesis involves changes over time. Donahue notes that several highly publicized incidents of police violence, like the killings of Michael Brown and George Floyd, occurred during the years covered in his data. Furthermore, after Donald Trump became president in 2017, studies show a clear, observable increase in racially motivated hate crimes. Given this worsening racial climate, Donahue hypothesized that White officers would become more biased over time, and that this increase would be even greater among White Republican officers.

Donahue cites the famous Willie Horton campaign ad during the 1988 presidential election, along with some more recent attacks on Barack Obama, to support the scholarly consensus that the Republican party has actively worked to associate Black people with criminal behavior since the 1960s.

Data and Methods

Donahue used a Freedom of Information request to gain access to data on all 5+ million traffic stops conducted by the Florida Highway Patrol between 2012 and 2020. He then matched the officers conducting the stops to their political affiliations using data from the Florida Board of Elections.

Donahue used a linear regression model to assess if political affiliation plays a role in determining whether to search a motorist. This method is the gold standard for studying outcomes that can be influenced by multiple factors, because it is able to isolate the effect of each factor individually and “control” for the effects of the other factors. In other words, if the results of the regression analysis find that political affiliation of the officer is significant in determining who is searched, we can be confident that political affiliation really is a significant factor, even when accounting for the effects of all the other factors in the model.

Results

Donahue correctly hypothesized that White officers of all political affiliations would exhibit racial bias, and that this bias is more pronounced among White Republican officers.

  • He found that White Democrats in the Florida Highway Patrol were more than twice as likely to search Black motorists (0.86%) than White motorists (0.38%), even when controlling for other factors.
  • White Republicans, meanwhile, were nearly three times more likely to search Black motorists (1.6%) than White motorists (0.63%), even when controlling for other factors.
  • The political affiliation of Black and Hispanic officers, by contrast, did not have any significant effect upon their decision to search.

Donahue was only partially correct in his second hypothesis, however:

  • The propensity of White officers to search Black motorists did indeed increase over time, with the annual percentage gap between White and Black motorists doubling from about 0.6% in 2014 to a peak of 1.25% in 2018. Donahue was able to further show that this increase was not due to turnover: White officers hired after 2016 were not significantly more likely to search Black motorists than those hired before 2016.
  • But political affiliation was not a significant factor in explaining changes over time. White Democratic officers and White Republican officers became more likely to exhibit racial bias during the initial years of the Trump era at about the same rate.

Studies like these must answer the potential criticism: what if it’s really about something else?

What if more White officers, or more Republicans, are simply assigned to jurisdictions with more Black residents, or higher crime rates? What if they just happened to encounter more situations where a search is justified? What happens at nighttime, when the race of the driver may not be apparent?

Donahue impressively accounts for these “what ifs” using a variety of statistical methods:

  • He controls for the location of the stop, the type of stop, the time of day, and whether the motorist is a repeat offender in his analyses.
  • He also conducts an analysis specific to repeat offenders, finding that White Republican officers were 4 times more likely to search Black repeat offenders (0.62%) than White repeat offenders (0.15%), compared to their Democratic colleagues.
  • Finally, he produces additional models unique to counties with high or low Black populations, high or low White populations, high or low crime rates, and high or low poverty rates. In all 8 of these scenarios, White Republican officers are significantly more likely than White Democratic officers to search Black motorists.

What Can You Do About Racial Bias in Policing?

It will require a mass political movement to meaningfully address racial bias in policing. (More on that below.) Nevertheless, there are many things you can do to help. Here are some of the most important:

1. Listen to social scientists, people of color, and even prisoners.

As complex and interconnected as modern life is, we need reliable information more than ever. Unfortunately, the institutions we trust to provide us with this information have perverse incentives to mislead and confuse us:

  • Republicans, eager to keep the votes of police officers and Whites who are either unwilling or unable to acknowledge systemic racial bias in policing, continue to allege it does not exist.
  • Democrats must appear to be doing enough about racial bias in policing to placate their voters. But they also know their base will likely vote for them no matter what, and in their quest to attract moderate and Independent voters, may fail to address this issue as aggressively as they should.
  • The media has a perverse incentive to cover the controversy instead of covering the injustice, pretending “both sides” have equal merit, even though the position of only one side is supported by the evidence.

A better approach is to listen to the communities most impacted by these issues, and the social scientists studying them:

  • No, not all prisoners are worth listening to. But as a group, they have an inside knowledge of the criminal justice system the rest of us lack. They are able to see clearly how White people are advantaged and Black people are disadvantaged within it. We cannot address the problem without taking advantage of the lessons they have learned from their lived experience.
  • Similarly, people of color know through personal experience what most White people only know through hearsay. Many of the studies social scientists have done to confirm the existence of racial bias in policing have their origins in communities of color publicizing their stories of abuse, motivating scholars to investigate further. Again, we cannot address the problem without taking advantage of the lessons people of color have learned from their lived experience.
  • Finally, listen to social scientists. We really are a brilliant, passionate community. We really do know more about how society works than most of the vapid politicians and pundits out there. Subscribe to Society Today to learn more about what the real experts are saying about what’s happening in the world.
Images of Michael E. Dyson, Tressie McMillan Cottom, Joe Feagin, and Nikole Hannah-Jones.

Recommended Follows

Many social scientists who are experts on race share their thoughts regularly on social media. Here are a few standouts:

  • Michael E. Dyson is a Distinguished Professor of African-American and Diaspora Studies at Vanderbilt University who has authored or edited more than 20 books.
  • Tressie McMillan Cottom is a Professor with the Center for Information, Technology and Public Life at UNC-Chapel Hill, a New York Times columnist, and 2020 MacArthur Fellow.
  • Joe Feagin is a Distinguished Professor at Texas A&M University who has written over 200 articles and 70 books. He was the 1999-2000 president of the American Sociological Association.
  • Nikole Hannah-Jones is the Knight Chair in Race and Journalism at Howard University. A MacArthur Fellow in 2017 and Pulitzer Prize winner in 2020, she is best known for her work on The 1619 Project.

2. Spread information; fight disinformation.

Sometimes, it can be difficult to define what is preventing us from addressing a social problem. This is not one of those times:

  • There is clear, overwhelming evidence that systemic racial bias in policing is a real problem.
  • There is clear, overwhelming evidence that Democrats know and understand this.
  • There is clear, overwhelming evidence that Republicans—and to a lesser extent Independents—do not.

For example, according to a 2021 Quinnipiac University poll, half of Americans (50%) correctly know that police are generally tougher on Black people than White people. But a closer look reveals a huge partisan disparity:

  • 86% of Democrats knew police are tougher on Black people. Only 9% believed they treated both Whites and Blacks the same.
  • Independents were split, with a narrow plurality (46%) insisting the police are not racially biased. 43% said police are tougher on Black people, just outside the margin of error (+/- 2.8%).
  • But nearly 3 in 4 (73%) of Republicans believe the police are not racially biased. Fewer than 1 in 5 Republicans (19%) are aware that they are.

Unfortunately, the Republican party has spent billions of dollars isolating its voter base in an alternate reality where systemic racial bias in policing does not exist. Even hundreds of high-quality studies will not be enough to change the minds of some. Nevertheless, there are still things you can do to help:

  • Racial bias in policing is an objective, measurable fact. Hundreds of studies like Donahue’s have documented it. Scientifically, it is as well-supported as global warming. Treat it as such in your interactions. Do not allow others to pretend it is disputable. It’s frankly embarrassing that we as a society must continue to pretend systemic racism is an unproven assertion.
  • Similarly, the existence of these hundreds of studies is an objective fact. They are using the best datasets and most advanced statistical techniques available to us. They have had to pass peer review in journals like the American Sociological Review, which has an article acceptance rate of 5.3%. The only two ways to contest this enormous mountain of evidence are to (1) nitpick the methods, or (2) allege a vast scholarly conspiracy. Few are qualified to do the former, and no one has evidence of the latter.
  • Keep posting about and sharing articles (like this one) about racial bias in policing on social media. Each individual share may not mean much. But collectively, the more bias in the criminal justice system is treated in our public discourse as the indisputable fact it is, the less tenable it will be to pretend it does not exist.

3. Decide whether this cause is worthy enough for you.

I don’t mean this facetiously. I simply mean I can’t decide how and to what extent you should get involved in eliminating racial bias in the criminal justice system. Only you can.

I suggest you do the following exercise:

  • Look at yourself in the mirror.
  • Think about what you’ve learned about this problem, on one hand.
  • Think about all your other competing priorities, on the other hand.
  • Then ask yourself: how much can you realistically give, without overstretching yourself?
  • Conversely, how much do you feel you need to give, in order to feel you’re being the best possible version of yourself?

Writing this article is my own way of trying to help. It aligns well with my skills (I’ve been social science-ing since 2007) and my personality (I’ve been fiercely introverted since birth). What are your skills? What are your traits? How are you well situated to contribute?

Don’t let cynics or pessimists convince you your efforts will be wasted. There are several promising potential solutions that social scientists and advocacy groups have identified. But it will take many of us, each making our own humble contributions, to achieve the change we seek.

Here are some ways ordinary people can help address racial bias in the criminal justice system:

  • Educate yourself and others. Listen to marginalized voices and social scientists. Engage in open conversations. Challenge stereotypes and prejudices. Subscribe to trustworthy media like Society Today. Share on social media.
  • Explore formal education and career options. Major or minor in criminology, legal studies, public policy, racial or ethnic studies, social work, or sociology. Consider careers as a criminal justice researcher, civil rights attorney, policy advocate, community organizer, or restorative justice practitioner.
  • Document incidents of racial bias. Stay calm, maintain a safe distance, and use your smartphone camera to record video footage, making sure to capture the interaction and identifying details such as badge numbers. If video recording is not possible, record audio to capture the conversation and any discriminatory language used by police. When the incident is over, take written notes of important details such as the date, time, and all incidents of bias. Then submit your evidence to police accountability groups and appropriate authorities.
  • Promote the most promising solutions. These include: diversity in law enforcement, implicit bias training, cultural sensitivity training, de-escalation training, mandatory body camera laws, mandatory data transparency, community policing, bail reform, fair sentencing reform, independent oversight bodies, community-based rehabilitation, and restorative justice.
  • Engage in your community. Write op-eds, letters to the editor, and engage with local journalists to raise awareness. Write letters, make phone calls, and participate in local community meetings to voice your concerns and advocate for changes. Serve on juries and evaluate cases impartially.
  • Support organizations working for justice. These include: research and policy organizations, police accountability groups, civil and human rights organizations, legal aid and public defender organizations, reentry programs, and restorative justice programs.
  • Vote for reform-minded candidates and hold them accountable. Take advantage of every single opportunity you have to directly influence our society by showing up to vote and knowing where the candidates stand on the issues. Then, regardless of who wins, let them know they will lose your vote if they don’t deliver meaningful reforms.

Conclusion

The first era of Black American history consisted of nearly 250 years of slavery. The second was 100 years of Jim Crow. We are now 60 years into the third era, in which Black Americans are finally able to exercise their right to vote but still treated as second-class citizens under the law, unfairly persecuted at all stages of the criminal justice system.

We will not emerge into the fourth—and hopefully truly equitable!—era of Black history until a new Civil Rights bill implements long overdue political, judicial, and legal reform to ensure racial equality under the law. That must be the ultimate goal.

You can’t make that happen by yourself. But you can follow the recommendations above. You can listen to people of color and social scientists instead of self-interested politicians and pundits. You can encourage the people you know, the media, and your representatives to learn and spread the truth about racial bias in policing. You can engage in your community, support organizations working for justice, and put reformist candidates into office.

If enough people commit themselves to doing their part, who knows how quickly we could accomplish meaningful reform, even in today’s partisan climate? If support for gay marriage can soar from 27% in 1996 to 70% in 2021, so too can opinions on racial bias in policing change rapidly over a short period of time.

Whatever your beliefs about the Republican party’s other positions, it is simply wrong on the issue of racial bias in policing. The sooner the party can acknowledge it, the better for the country. Once Republicans are no longer able to legitimately deny the existence of this problem, then the hard work of innovating and implementing a new, fairer criminal justice system can begin.


Have you or someone you know ever experienced or witnessed racial bias in policing? What do you think are the most effective ways to combat racial bias in policing? Share your stories and suggestions in the comments below.

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By Randy Lynn, Ph.D.

Randy Lynn, Ph.D. is a sociologist and author of The Greatest Movement in Human History and Torch the Two-Party System. He lives in Sterling, Virginia with his spouse and two children.

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