Yeah, No, That Study Doesn’t Debunk Police Racism

Sloppy social science and the mental gymnastics of racism deniers.

Some people will say anything to deny the problem of racism in policing.

These are people who would have found ways to defend Bull Connor in Birmingham too, or Jim Clark and his goons in Selma six decades ago.

One thing about their denials has changed though — they’ve become more sophisticated.

Increasingly, such folks wrap their denial in a patina of respectable “evidence,” whereas, back in the day, they would have just said something about how those n-words were asking for trouble and left it at that.

But bullshit, even when footnoted, is still bullshit.

White racism deniers love ’em some Roland Fryer

My favorites are the white folks who send around the study from a few years ago by Roland Fryer, a Harvard academic, which concluded police were no more likely to use lethal force against Blacks than whites.

They love this one because Fryer is Black.

Apparently, if a Black guy says there’s no racism in policing — or if that’s what they think he’s saying — there must not be.

It’s funny — first, because conservative white people are so quick to latch on to any Black person who they think confirms their nonsense, and second, because they don’t understand what the Fryer study says, why much of it doesn’t support their view, and why the part that does is seriously flawed.

The Fryer study looked at four data sets, mainly focusing on three: stop-and-frisk data from New York City, data from 12 large cities or counties in Texas, Florida, and California, and a special data set from Houston.

The racism deniers focus on the finding that there was no racial disparity in use of lethal force, but before examining the data used to reach that conclusion, it’s worth looking at what the deniers ignore.

Non-lethal force shows clear disparity

Looking at non-lethal force, Fryer relied on stop-and-frisk data from New York for 2003–2013 and found that Black New Yorkers were 53 percent more likely than whites to be met with non-lethal force by the NYPD.

Interestingly, when he controlled for variables like civilian behavior during the stop — did they resist arrest, for instance — or the neighborhood crime rate, not only did this not reduce the disparity, it sometimes increased it.

This means police were using force against African Americans even in cases where they put up less resistance and in parts of town where crime rates were not elevated.

Nonetheless, when Fryer controlled for 125 supposedly non-racial variables, the observed disparity in non-lethal force fell from 53 percent to 17 percent — still significant, albeit less so.

But how is this possible?

If the disparity remained huge even when suspect behavior and neighborhood crime rates were held constant, what variables could have had such a depressive effect on disparity?

We don’t know for sure. The complete list wasn’t provided in Fryer’s paper. But what we do know about them is methodologically troubling.

Consider his controls for “community dangerousness.”

As noted previously, Fryer examined the neighborhood crime rates and actual suspect behavior during encounters because these would predictably increase the likelihood of police use of force.

But remember, neither of these controls reduced the racial disparities and tended to increase them.

So, where did the reductions come from?

According to Fryer, three “precinct effects” cut racial disparities in the use of force by nearly 20 percentage points — more than a third below their initial level. And what were those?

According to Fryer, they were socioeconomic variables often correlated with crime rates: median education levels, median income, and median levels of unemployment in a neighborhood. As Fryer puts it, these are “proxies for dangerousness.”

But why control for “proxies for dangerousness” when you’ve already controlled for neighborhood crime rates and the behavioral dynamics of particular stops?

At that point, Fryer has already controlled for dangerousness and by a more direct method than using socioeconomic proxies to estimate it.

If the crime rate in a neighborhood fails to explain the racial disparity, controlling for variables that are often correlated with a higher crime rate is superfluous. And if actual encounter dynamics failed to explain the racial disparity, controlling for variables that might predict greater resistance by civilians is equally absurd.

Either the person who was stopped resisted or they didn’t. If they had, Fryer would have already controlled for that. If they didn’t, the fact that there are many unemployed high school dropouts living on the block can hardly justify cops throwing someone who isn’t resisting against a wall.

Ultimately, even though he artificially minimizes the problem, Fryer’s data shows Black folks are much more likely to be handled violently by police. And this is so, even when they put up less resistance, comply with all demands, have no weapons, and have committed no crime.

Of course, this finding is ignored by those who point to Fryer’s research as vindication of their racism denial.

Lethal force data shows disparity too — Fryer’s data sets are garbage

When we look at Fryer’s data on lethal force, his conclusions are dubious to the point of being laughable.

First, let’s look at the data set from Houston, which consisted of interactions where officers fired at suspects or specific high-risk arrest scenarios where lethal force would have been most likely.

The Houston data doesn’t disprove racial bias

Here, Fryer discovered no real racial difference in the likelihood that Blacks, as opposed to whites, were shot by police once subjected to a stop or arrest.

But a central flaw in Fryer’s analysis is the suggestion that bias can only be operating if Black people are more likely to be shot by police than whites once both have been stopped.

Although such a position may seem intuitive, it doesn’t hold up to scrutiny for two reasons:

  1. Racism can influence who gets stopped in the first place — and thus, how many encounters there are between cops and Blacks versus cops and whites — and,
  2. Police could be confronting Black folks for more subjective, less legitimate reasons.

If the latter is true, this would naturally reduce the likelihood of those Black people being shot because they weren’t doing anything serious. Thus, there would be less likelihood of a violent reaction by the Black person stopped.

Don’t like ads? Become a supporter and enjoy The Good Men Project ad free

If I’m Black and you stop me because of racialized suspicion and bias, and our encounter doesn’t result in a shooting — which it shouldn’t since I hadn’t even done anything to justify the stop — you can’t use your lack of deadly force against me as proof of goodwill.

And if police are more likely to stop Black folks in the first place for reasons of bias, then the risk they face in the general population would still be higher.

A hypothetical can demonstrate the point.

Imagine a community where the white-to-black population ratio is 5 to 1 (similar to the U.S.), with 120,000 people: 100,000 whites and 20,000 Blacks.

 

EXAMPLE: 1/200  vs 1/20000

And imagine that in a given year, police stopped 10,000 Black people (half the Black population) and 5,000 whites (5 percent of white folks). And of the 10,000 Blacks stopped, 100 were shot by police, and of the 5,000 whites stopped, 50 were.

In both cases, the odds of being shot once stopped would be one percent, but 1 in 200 Blacks would have been shot, compared to 1 in 2000 whites.

The question isn’t, “Once whites are stopped, are they as likely as Black people who’ve been stopped to be shot?”

The question is: “Are white people, walking down the street, driving their vehicle, or just living their lives, as likely to be stopped in the first place and then shot as Black people?”

The answer to that is no, and nothing in the Fryer study suggests otherwise.

The 10-city data set is no better

In addition to the special data set culled for him by the Houston PD, Fryer examined a 10-city data set from Florida, Texas, and Los Angeles involving interactions where officers had discharged their weapons.

Since everyone in the data set had been shot at by police, Fryer wasn’t seeking to determine the relative risk of whites or Blacks being shot by cops, but rather, how quickly officers had discharged their weapons.

Did police shoot before or after being attacked by the civilian? Ultimately, Fryer found there was no significant difference based on race.

Perhaps the question of how quickly an officer decided to shoot is an interesting one to explore. Still, it seems far more important to determine the relative risk of being shot as an unarmed Black person compared to an unarmed white person than to narrowly focus on a cop’s reaction time.

Although Fryer suggests it would have been impossible to answer this larger question, other researchers have been more ambitious.

One recent study found that the odds of being Black, unarmed, and shot by police in Los Angeles county (one of the places Fryer examined) are twenty times higher than the odds of being white, unarmed, and shot by police there.

And honestly, what fact do you think would be more important to the average Black person?

  1. When they get shot by cops, unarmed whites are shot just as quickly as unarmed Blacks are, or
  2. Unarmed white people are only one-twentieth as likely as unarmed Blacks to be shot in the first place.

I’ll wait.

Don’t like ads? Become a supporter and enjoy The Good Men Project ad free

Reaction time differences are a stupid metric in that we shouldn’t expect them to vary all that much, especially in high-risk situations like the ones examined by Fryer. An officer doesn’t have the luxury of much reflecting when a gun is pointed at them, or they’re being attacked, no matter the suspect’s race.

But that hardly means that racial bias wasn’t operating at the point where the person was stopped in the first place.

Nor does it preclude bias regarding whether the officer perceived danger and chose to fire at all.

Imagine a community where police shot 500 black people in a year, 300 of whom were attacking, and 200 of whom were not; and only five whites, three of whom were attacking and two of whom were not. As per Fryer, there would be no racial bias: for both groups, 60 percent of the shootings occurred after the officer was attacked and 40 percent before an attack.

But seriously? Does it seem remotely logical to suggest there isn’t a problem here in terms of greater risk for black people, relative to their share of the population and non-attacking population?

What the facts say, deniers notwithstanding

The facts are these, no matter what liars and fools choose to believe:

  • Black folks killed by police are 2.3 times more likely than whites killed by police to have been unarmed at the time, and whites killed were about 50 percent more likely than black victims to have been shot while attacking the officer or another civilian.
  • Likewise, the rates of police-involved shootings bear little if any relationship to crime rates in the places where those shootings occur. This is why some communities with much higher crime rates have lower rates of police-involved shootings than cities with less serious crime problems.
  • Ultimately, police are just as likely to shoot an unarmed black person as an armed white person in this country.

That’s what matters — not the beliefs of internet trolls looking for any “evidence” to justify their biases and ways to rationalize disparate treatment of Black people.

Not that facts will likely matter to the kinds of folks who make these silly arguments.

But at least you can’t say we never offered a rebuttal to Roland Fryer and his white conservative fan club.

Some of y’all need to find a better mascot.

Yes, there is racial “bias” in police shootings

new study by Harvard Economist Roland G. Fryer, Jr. hit The Upshot column at the New York Times today, with “surprising new evidence” that there is no racial bias in who gets shot by the police. The study is currently posted as a working paper with NBER, so it has not yet received peer-review or been published. As we saw last week with The Upshot column by Justin Wolfers on gender bias in clock-stopping policies (which was heavily critiqued), such research findings should be treated as provisional. (I’m also putting aside the fact that the study relies primarily on police reports, which in several cases we have reason to doubt.) However, even if we take the paper at face value, there is strong reason to question the conclusion of “no bias” in police shootings.

 

The paper is an ambitious account of racial differences in various kinds of use of force by police, using data from jurisdictions across the country. Fryer relies on several datasets to make his case, including data on stop-and-frisk stops in New York City; a survey of citizens’ interactions with police; event summaries from incidents where police fired their weapons in Austin, Dallas, Houston, several Florida counties, and Los Angeles county; and arrest reports from police-civilian interactions that involve an arrest for a serious, violent crime, including attempted murder of police, aggravated assault, or resisting arrest in Houston.

The results show extensive disparities in officers’ use of force in non-lethal situations, even controlling for officers’ reports of victims’ behavior during the interaction. Similar community-level disparities that are unexplained by differences in crime rates emerge from a recent report from the Center for Policing Equity. Simply put, police officers are much more likely to “put hands on” black and Hispanic civilians as compared to their white counterparts, slapping, grabbing, and pushing them violently into walls and the ground. On this point, Fryer, the Times reporters, and I are all in complete agreement.

Where we diverge is the interpretation of the data on racial differences in who gets shot by the police. The New York Times article reports, “In the tense moments when a shooting may occur, are police officers more likely to fire if the suspect is black?” The answer, according to Fryer, is no. His estimates (which have large standard errors) suggest that there is no difference by race in serious police-civilian encounters (both before and after controlling for suspect and officer characteristics). In fact, the point estimates are negative, suggesting that if anything whites face a higher chance of being shot at in these interactions (although the confidence interval includes zero).

Should we conclude then that there is “no bias” in police shootings? I don’t think so—for a couple of reasons. First, there is extensive evidence (including in the datasets Fryer considers) of large racial disparities in who gets stopped by police, even controlling for differences in crime rates (perhaps especially under policies like New York City’s “Stop-and-Frisk”). Because of this, the “hit rate”—or the percent of times a stop ends with a confirmation of wrong-doing—is often higher for whites than blacks. Even if police pulled the trigger without “bias,” this disparity in stops would produce vastly unequal death rates.

This means that when we start the analysis by looking at encounters with police, we have already washed away some of the relevant racial bias. The unique data on police-citizen . This is likely part of the reason he finds no evidence of bias in lethal interactions, while others have shown substantial racial disparities. For example, in a 2015 Plos One article, Cody T. Ross estimates that black Americans’ probability of being shot by the police is 3 times the rate for whites—and the disparity goes up to more than 20 in some counties.

Further, we know that racial disparities in police encounters increase for more minor stops. For example, in their book Pulled Over, Charles R. Epp, Steven Maynard-Moody, and Donald P. Haider-Markel show that there are no disparities in police stops for unambiguous traffic safety stops (e.g. running a stop sign), but for investigatory stops, where police pull over drivers deemed “suspicious,” black drivers were nearly three times more likely to be stopped and five times more likely to have their cars searched. It is these kinds of everyday shake-downs, or “driving while black,” that fuel the racial policing divide. And it is when these kinds of interactions turn deadly—selling loose cigarettes [Eric Garner], sitting in a subway station [Oscar Grant], selling CDs [Alton Sterling]—that the public fury over policing injustices ignites.

Thus, to rigorously test the hypothesis of whether black Americans are more likely to be killed by police, we need to consider both unequal rates of police encounters and the outcomes of those interactions. Given the deep disparities in low-level contacts with the police, evaluating the risk of these encounters turning lethal seems particularly important. This is a different question than the one Fryer answers with data on serious arrest incidents, which we would expect to show smaller racial disparities. Indeed, evidence from FBI reports of police shootings suggest that when the initial interaction is less serious (e.g. when the suspect has no weapon), racial disparities are the greatest. In Ross’ study, the race divide was so large that the rates of police shootings were higher for unarmed black suspects than armed white suspects.[1]

This debate highlights the complexities of defining “bias.” What do we control for? Jerome Miller eloquently wrote of the juvenile system that each stage of criminal justice processing is a “written apologia … for what was about to happen at the next” (57). If police stop black Americans more often, they will undoubtedly be arrested at higher rates than their white counterparts. Then, voila, those higher arrest rates can be used as evidence of inherent criminality and marshalled to justify disparities in treatment by the criminal justice system.

How too do we “control” for the persistent housing disparities, driven by the legacies and continued force of racism, which push black Americans into (and next door to) neighborhoods with rates of poverty higher than almost any white Americans experience? As with so many areas of social inequality, commentators want to highlight individual racists—identifying which cops show racial prejudice (and, on the other side, which victims “deserved” to be shot)—instead of the broader structural forces shaping unequal outcomes.

All of these forces produce racialized differences in the experience of policing. As Fryer and the Times points out, most police interactions (thankfully) do not end with a shooting. This means that even when stops are plentiful, analyzing racial disparities in this rare outcome is difficult. Yet that shouldn’t stop us from trying to analyze when and where various kinds of bias influence policing outcomes. As with research on sentencing outcomes, scholars studying the police would benefit from using the cumulative disadvantage framework, examining how these disparities create cascade effects that ultimately end with tragically high death rates for young black men.

In the second police shooting to flood the news this week, Philando Castile, a young black man, was shot and killed by a police officer in Minnesota (my home state) after being pulled over.[2] His death was broadcast in real-time by his girlfriend, who was in the car along with her 4 year old daughter. The video sparked a new round of #BlackLivesMatter protests in the Twin Cities and beyond. Philando Castile was stopped by the police more than 52 times (!) in the years before his untimely death and owed the courts more than $6,000 for various fines and feeds for miscellaneous petty violations. Rather than the narrow question of individual-level “bias” in isolated cases of officer shootings, it is these deep race (and class) inequities—in who gets stopped by the police and how they are treated by the justice system—that should command our attention.

Michelle Phelps is Assistant Professor of Sociology at the University of Minnesota.

Update/Correction: This post initially noted that the Policing Equity report found racial disparities in lethal use of force. That was incorrect. The study by Policing Equity did not have a sufficient number of cases of lethal shootings to draw firm conclusions. They did find race differences in for non-lethal use of force. For more on that report and Fryer’s findings, see this Buzzfeed story.

[1] Ross finds that the black-white divide in the probability of being shot is larger for suspects who were unarmed (probability ratio of 3.5) verses armed (probability ratio of 2.9), but the confidence intervals overlap. In contrast, Fryer’s study finds that there is no difference between the percent of black verses white suspects that were armed among those shot at by police.

[2] In the video of his death, his girlfriend reports that they were ostensibly pulled over for a broken taillight. Some media outlets are reporting that the reason for the stop given over the police broadcast was that the Castile looked like a recent robbery suspect “because of the wide set nose.”

Here’s why I’m skeptical of Roland Fryer’s new, much-hyped study on police shootings

When Fryer (an economist by training) tells the Times that he got interested in police shootings because of “his anger after the deaths of Michael Brown and Freddie Gray,” and (in Fryer’s words) “decided I was going to collect a bunch of data and try to understand what really is going on,” that should be another humongous red flag.

AD

It implies that Fryer assumed he was doing something pioneering, rather than asking first what work was already being done and what he could add to the existing conversation. This is something that often happens when people in “quantitative” social sciences, like economics, develop an interest in topics covered in other social sciences — in this case, criminology: They assume that no rigorous empirical work is being done.

 

police shooting by race

 

Ask yourself: How broad is this data? How broad are the claims being made about it?

The Times report does explain the data that Fryer and company used in the new study. But it turns out it’s not nearly as broad a sample as the conclusion “these results undercut the idea that the police wield lethal force with racial bias” would suggest:

(Fryer) and a group of student researchers spent about 3,000 hours assembling detailed data from police reports in Houston; Austin, Tex.; Dallas; Los Angeles; Orlando, Fla.; Jacksonville, Fla.; and four other counties in Florida.

That’s 10 police departments in three states, with a majority of them based in major cities. That allowed Fryer and his team to compile a database with a lot of different shootings — about 1,330 over 16 years, from 2000 to 2015 — but not a lot of different police departments or institutional cultures.

When it comes to policing, this is especially important, because so many issues of crime and policing are local. Different cities have different approaches to police-community relations; different tensions; different standards for use of force. (In fact, the cities Fryer and his team worked with are all members of a White House initiative on policing data launched in 2015 — and the kind of department that thinks data collection and transparency are important is likely to have different priorities in other regards than one that isn’t.)

 

In comparison, the FBI’s Uniform Crime Report database includes records from thousands of police departments around the country. The number of shootings in the Fryer data set, spanning 16 years, is about equivalent to what the Uniform Crime Report compiles in two or three.

More importantly, the UCR report includes not just major cities but small towns and rural areas; not just diverse cities but less diverse ones; not just departments that think carefully about data collection but departments for which it’s just a needed chore to qualify for government funds.

 

Ask yourself: Is the question the study answers the same one the public is asking?

The most revealing passage in the Times article is probably the one explaining what Fryer and his team didn’t include in their study:

It focused on what happens when police encounters occur, not how often they happen. Racial differences in how often police-civilian interactions occur reflect greater structural problems in society.

In other words, Fryer and company found that there weren’t big racial disparities in how often black and white suspects who’d already been stopped by police were killed. But they deliberately avoided the question of whether black citizens are more likely to be stopped to begin with (they are) and whether they’re more likely to be stopped without cause (yup).

Avoiding those issues makes sense for the question Fryer was trying to answer. He wanted to know what happens between the moment a police officer stops someone and the moment he pulls the trigger — and how those sequences of events vary by race.

But when people talk about racial disparities in police use of force, they’re usually not asking, Is a black American stopped by police treated the same as a white American in the same circumstances? They’re making a broader critique of the “greater structural problems” in society in general and the criminal justice system in particular. They’re saying that black Americans are more likely to get stopped by police, which makes them more likely to get killed.

Eric Garner was killed in 2014 when police tried to arrest him for selling loose cigarettes. Philando Castile had been pulled over 52 times on misdemeanors (including for driving without a muffler and not wearing a seatbelt) before he was shot and killed last week. Michael Brown was stopped by Darren Wilson for walking in the middle of the street.

Maybe it’s possible (maybe) that those encounters would have been just as likely to escalate to the point of lethal force if each of those men had been white — but it kind of misses the point to say that, because if they’d been white, the encounters probably never would have happened.

Controlling for variables is an extremely important thing in social science. It allows you to figure out which factors actually matter and which ones don’t. In this case, Fryer and his team have given us suggestive evidence that among major-city police forces, police in tense situations are not unusually likely to shoot black suspects. They’ve made a valuable addition to the literature. But it’s just that: an addition, not a discovery, and not the last word.

Let’s talk about 3 letters that can make rural whites understand the fear minorities have of cops.

Check out the TFC store. Be sure to click on the heart icon on each design’s page to see where money is being donated. Each design has shirts, mugs, stickers, etc available.