A very serious disturbance took place in the city of Houston ... which it was at one time feared would result in much bloodshed and other riotous acts.
A colored man, named Geo. Noble, and another colored man, named Bob Henrick, were at a colored dance, or ball, on Saturday night, in the suburbs of the city, near the "Old Grave Yard," at a place kept by a colored man named Bias. An altercation ensued between Bob Henrick and another colored man, whose name we have not learned. George Noble interfered and endeavored to stop the difficulty in an amicable manner. Bob Henrick took offense at this, and resenting it, put his hand upon his pistol, drew it, and fired, missing his aim. George Noble drew his pistol at the moment he saw the action of the other, and also fired, hitting Henricks in the neck, the ball coming out at the back of the shoulder. Henrick, however, is not dangerously wounded.
From the statement of Marshall I.C. Lord and Deputy Marshall J.N. Lord, we glean the following particulars of the subsequent event. Geo. Nobles immediately after the above occurrence went to Deputy Marshall Lord and stated his difficulty and delivered himself up, and was placed in confinement at the Bell Tower on Market Square. About 4 o'clock the next (Sunday) morning a number of freedmen, armed with guns, came to the calaboose and said they wanted Nobles. Of course, he was not given up to them. The negroes insisted that he should be given up -- and they believed he was not in confinement but at liberty.
One freedman, Ned Lockhart, offered to lead his companion to the calaboose, take him out and hang him. Marshall Lord went up to Lockhart and attempted to arrest him, but he broke away, but Lord succeeded in getting to him and struck him with his cane when a general melee resulted in which Marshall Lord was bruised and shot in the back of the head, and Lockhart was shot in the thigh, another freedman, who had shot at Marshall Lord, was pursued and after being disabled by a shot was also arrested and sent to the lock up. Immediately after these occurrences the colored people began to pour into the Market Square from all parts of the city, a large number of them being armed. Vengeance on the prisoner Nobles, was the generally expressed object, and bitter hostility and threats toward the white people were generally manifested and uttered. The Telegraph adds:
At this time the city bell began to ring to call the citizens together and they came pouring in, a great many of them armed, and as the two races mingled together and expressed their feelings according by the temper of the occasion, a bloody collision seemed for a while unavoidable.
After a time, however, the negroes dispersed, and in a little while the news spread rapidly that over five hundred of them were assembled at the colored Methodist Church, and that they openly proposed to march down Main street, seize all the arms they could, arm the black population generally, attack the whites, and that the unarmed ones among them would assist by firing the city. This turned out to have been very nearly correct. But better counsels at length prevailed. Several of our prominent white citizens, who were either sent for or were of their own motion, together with the Mayor, made addresses to them, and they decided to abide by the decisions of the courts in all matters involved. At the same time, however, colored couriers were seen going in all directions, mounted and on foot, to summon their brethren from near and far.
While all this had been going on, the citizens had been rapidly organizing and arming both in independent companies and as a special police force. This work continued the whole day, and until after dark. The whole city was full of armed men and men arming. In addition to the large police force organized, the various fire companies were armed and ready to turn out at a moment's warning, besides the temporary organizations of citizens, each company being under the command of officers selected for the occasion. Signals were agreed upon to which every man was to respond instantly. Scouts and couriers were sent out, and the armed citizens not in the companies were generally agreed to turn out should a general fight ensue at any one place.
Thus was the evening and the night passed, until the next morning dawned on the city. The patrol went through every part of the city during the night, and strange to say hardly any colored men could be found. The women and children were all alone. The men had evacuated the city entirely. The most of them, however, returned in the morning.
The following was the arrangement agreed upon under the auspices of the Mayor:
"In the matter of the killing of a colored man by George Noble (colored) by which a serious public riot was imminent, His Honor, Mayor McGowan, appointed the following persons, to wit: C.S. Longcope, B. A. Shepherd, W.R. Baker, John Shearn, T.W. House, Elias Dibble, Charles Chatman, Sandy Parker, Dick Allen and John Sessums, a committee to concoct such measures as would tend to allay the excitement and prevent like occurrences in the future. And among other things, after appointing C.S. Longcope Chairman, and W.R. Baker Secretary, the committee unanimously adopted the following resolutions.
"Resolved, As the sense of this committee that while deploring the occurrences of this morning, that it is deemed proper that a thorough investigation should be had into the conduct of the persons who assumed the initiative in it, to ascertain if there was any partiality in the proceeding whereby the city was seriously endangered in its peace and in the preservation of property. If it be ascertained that there has been any wrongdoing on the part of any one, that steps be taken to appropriately punish any such party or parties.
"Also, Resolved, That the trouble in this community which was caused by the death of a fellow human being, and the wounding of several others, which threatened a general riot, grew out of the pernicious habit of carrying concealed weapons, and that the Mayor and Aldermen of this city be requested to pass an ordinance with sufficient penalties prohibiting the carrying on the person of all concealed weapons; and that the Council memorialize the State Convention to make a Constitutional provision of the sme import for the State at large."
C.S. Loncope, Chairman
Subsequently to the above the Mayor of the city issued the following proclamation.
Mayor's Office, Houston, June 16, 1868
Notice is hereby given, that, in order to allay all feeling and excitement occasioned by the unfortunate occurrences of Sunday last:
It is hereby ordered that all citizens disarm themselves and place their entire reliance upon the execution of the laws by the officers thereof.
All parties who have been called upon to act, and were sworn as special police, are required to leave their arms at home and are relieved of active duty until called upon to prevent disturbances, regardless of the quarter from whence they arise.
I call upon all good citizens to assist in carrying out the laws, for upon the execution of them alone can we rest safely.
And I earnestly request of all that they pursue their usual avocations, that all disquietude and feeling may be suppressed.
A. McGowan,
Mayor City of Houston
Tuesday, April 04, 2023
Near race war in 1868 Houston led to ban on carrying firearms for self-protection
Tuesday, March 07, 2023
Jeff Blackburn Memorial Comments
Along with Vanita Gupta, who at the time was a 26-year-old rookie and is now the #3 at the US Department of Justice, Jeff had taken on a civil suit on behalf of the Tulia defendants, and he was sure their family members were going to say something at the capitol to screw up his case. We defied Jeff and did it anyway, which made him more or less apoplectic. He and I had some epic rows. But we also kept him in the loop, bringing him down to Austin whenever the families came so he could see first-hand what we were doing.
One of the “Tulia bills” we passed that session created a new requirement that prosecutors corroborate testimony by confidential informants to secure a drug conviction. In September 2001, when the law took effect, a reporter called around to the largest DA’s offices to ask how many cases they’d dropped as a result: The number was around 800, and that was just for the 5 or 6 largest counties. To be clear, for the non-attorneys in the audience, that’s 800 people who would otherwise have been convicted based solely on the testimony of drug dealers getting their own cases dismissed in exchange for cooperation.
One of my fondest memories was calling Jeff to tell him this news. I’ll never forget the long pause on the other end of the phone line, then he said quietly -- as quietly as I've ever heard Jeff Blackburn say anything -- “Henson, I couldn’t get that many cases dismissed in 10 lifetimes!”
From that moment, Jeff was hooked. We became collaborators, coordinating legal and organizing work to craft a narrative and build a movement beyond the confines of the courtroom. It worked. Eventually, 38 defendants were exonerated and Tom Coleman, the crooked cop who’d framed them, was convicted of perjury.
Not only were several significant pieces of legislation passed as a result, in 2006 we achieved the Holy Grail. Governor Rick Perry eliminated all funding for the task forces. When the Tulia drug stings happened, there were 51 of these things around the state employing more than 700 narcotics officers and making between 12-14,000 arrests per year. Fifteen years before anyone coined the phrase “defund the police,” we wiped them off the face of the earth.
Soon after that, Jeff founded the Innocence Project of Texas and I became their policy director. Once again, organizing exonerees to advocate for themselves was a central strategy, only this time Jeff was an enthusiastic supporter. I’m incredibly proud of that work, and I know Jeff was, too, but since Cory Session is going to talk more about that era in a moment, I’d like to pivot to another subject.
Since Jeff passed, a line from a pop tune by Lizzo has been ringing in my head. In one of her early songs, she asked: “Why men great till they gotta be great?” That applies to most men, but to me, Jeff was the opposite. Day to day, if we’re honest, Jeff wasn’t always that great. He was a curmudgeon; obstinate, profane, prickly, blunt. He was challenging to work with and five failed marriages tells you he could be a challenging person to live with. By saying that, I’m not telling you anything Jeff hasn’t said himself many, many times.
But when the time came that someone’s “gotta be great,” Jeff always stepped up. Every time. He thrived and excelled in those big, high-pressure moments and at crunch time was always his best self. That’s rare and part of what made him special. It’s certainly why he merited a massive, front-page obituary in the Houston Chronicle: Jeff’s work benefited many, many thousands of people all over the state. No other lawyer has had as big an impact on the Texas criminal-justice system in my adult lifetime.
Now that he’s gone, those of us who knew and loved Jeff and believed in his work incur an obligation. Leaving here today, all of us going forward will find ourselves in situations where we think, “If Jeff Blackburn were here, he would do X.” This knowledge creates a moral obligation. With Jeff no longer here, when you recognize a situation where you know he would have stepped up, that means you need to do it. That’s the best way we can honor his memory. The people in this room are a powerful force, and Jeff has given us a powerful example. My prayer is that everyone here today can find the courage and the will to follow it.
More of Jeff Blackburn on Grits:
- Progress and Its Discontents, guest blog post by Jeff.
- I also did interviews w/ Jeff on forensics and indigent defense, and
- On the "permanent class of underperformers" in the Texas defense bar, and
- On traffic tickets as revenue generators, and
- On the Tulia drug stings and corroboration as a criminal-justice reform measure.
Friday, October 14, 2022
Texas prison baseball league was shockingly well-developed
Baseball leagues 70 years ago were referred to as "loops," and according to this fascinating 1950 assessment of Texas prison recreation programs, the Texas prison "loop [was] divided into two divisions. Units situated south of the United States Highway 90A play in the southern division, and those north of the highway comprise the northern division."
Team names were as follows. In the southern division: Ramsey 1 Hardhitters; Ramsey 2 Monarchs; Darrington Devils; Retrieve Snippers; Ramsey Builders; and the Clemens Cats. The northern division consisted of the Eastham Buffs; Wynne Cobblers; Walls Tigers; Walls Black Tigers; Central 2 Cubs; and the Harlem 1 Red Socks. N.b. that the Walls Unit had segregated squads.
Occasionally, perhaps ringers would come on the scene when some professional athlete would get into trouble.
Teams played a series with each other team in the division, and the two with the highest winning percentages were declared pennant winners, earning them the right to face off against each other in an end-of-season, 3-game championship series. Sometimes, papers would even publish box scores of the games.Among the league rules: "an escape by any member of a baseball group during the season of the sport can bring suspension of the entire ball club for the remaining season."
It appears prison baseball existed in Texas even earlier, but the league/pennant format was created in 1949. Staples found reference to the Walls Tigers Cyclones* from 1930. In the first half of the twentieth century, prison baseball appears fairly widespread. In Wyoming, even death row inmates played on baseball teams.
At the Texas Prison Museum, according to Texas Highways magazine, there is:
a large display case with baseball uniforms, team photographs, and game programs from the prison baseball team, the Huntsville Prison Tigers. Prison officials organized the team and built a ballpark in 1924. The team played area semi-pro teams until they disbanded in 1943, a casualty of budget-tightening during World War II.
We know they didn't disband permanently in 1943 because teams were still active in 1950, but the construction of a prison ballpark in 1924 likely marks the beginning of the program.
According to the 1950-prison-rec-program assessment, wardens could approve exhibition games on Sundays in addition to league-scheduled contests. Some of these were played before free-world crowds. This flyer from 1942 advertised a baseball game between prison-system all stars and the Southern Select, an "All Mexican Team From Houston." Admission was 25 cents and included entertainment by the "Prison Military Band."
In general, recreational activities seemed more widespread and salutary than TDCJ supports now:
The major activities, which are open to all inmates of good behavior, include competitive sports, such as baseball, volleyball, boxing, tennis, and softball; individual physical activities, such as horseshoe pitching and washer pitching; social games, such as checkers, cards, and dominoes; recreational reading; an annual rodeo; musical activities, including; a weekly radio broadcast; crafts; and motion pictures.
The inmates were leading 5-1 in the 9th inning when all hell broke loose. Suddenly and without warning, gunfire came from the over the walls of the prison. It sounded like a war had begun. Guards yelled and threatened the convicts to hit the ground. All inmates went belly down immediately. But in the stands it was pandaemonium. Everyone there scattered wildly in all directions away from the Walls.
These days, Texas prisons are so understaffed, prisoners are lucky if they get an hour in the rec yard: during COVID lockdowns, they often didn't even get that. They're not playing tennis, much less traveling the state to play baseball in front of paying, free-world crowds.
Still, it's also not like Texas was spending lavishly on prisoners in 1950. From the same report:
Texas taxpayers are getting off very lightly in the operation of the prison. Only two states in the Union spend less per man: Mississippi and Alabama. Texas spends about $310 per year per inmate. Many states spend more than $1,000 per man, while Connecticut tops the list with $1,468 spent on each prisoner in custody.
It's often said that budgets are values documents, and that applies here: Texas wasn't spending much on prisoners, but of what they spent, the state clearly prioritized recreation activities and prisoner well being more than today. The MLB Hall of Fame has a web page on "Baseball Behind Bars" describing early teams at Sing Sing in New York, and its conclusion sums up the values that might prioritize spending tax dollars to create sports leagues for prisoners:
It might be easier to write off all of this coverage of prison baseball as media exploitation, but there is something to be said for the real, positive difference baseball made in the lives of the inmates who played on teams and in leagues while they served out their sentences. The Sing Sing baseball program received praise for the “spiritual change in the men” from the likes of Dr. Katharine B. Davis, the Commissioner of Correction of New York City in 1915. Baseball might be “just a game,” but as any fan knows, it is also one of the things that makes life enjoyable.
*Staples informs me the reference to the prison team he found from 1930 was the Walls "Cyclones," but by 1934, the Tigers were competing. It's possible there were already multiple teams by that time, or that the name changed at some point.
Tuesday, July 26, 2022
Reimagining History at the Austin Police Academy
Monday, July 04, 2022
#CJreform Movement Poorly Positioned to Confront Re-Criminalized Abortion
The US Supreme Court's abandonment of Roe vs. Wade -- combined with a decision last year by Greg Abbott and the Texas Legislature to re-affirm criminal statutes on abortion from the 1925 Penal Code, if and when Roe ever fell -- suddenly have dumped the abortion question back into the realm of criminal law.
SCOTUS decided Roe v. Wade when I was four years old, so I've never known a world in which the criminal courts managed women's reproductive choices. Thus it's easy to forget that the Wade in Roe v. Wade was Henry Wade, the Dallas County District Attorney,* and that for a century-plus before that, both obtaining and assisting with an abortion were crimes for which people were arrested by police, charged by prosecutors, sentenced by juries, and imprisoned in the same facilities as murderers and thieves.
Statutes banning assisted or intentional miscarriages were on the books in Texas from at least 1854, before being updated to include the word "abortion" in 1907 and then codified into the Penal Code in 1925. Attorney Doug Gladden goes through that statutory history here.
Gladden identified 40 abortion convictions in Texas appellate records: 24 before 1925, 16 of which were reversed, and 16 from 1925 to 1971, of which five were reversed. Some cases may not have been appealed, and records may not be complete, but even so, this tells us abortion statutes weren't frequently enforced.
What they did do was prevent most legitimate, trained doctors from performing them. In Greenville, for example, in 1905, a black doctor was arrested for performing an abortion on an 18-year old girl. In 1907, a physician was prosecuted in Haskell, TX, for performing an abortion on his 13-year old sister-in-law, who had been raped. In El Paso, Dr. Andrea Reum, whose husband was also a medical doctor, was prosecuted after performing an abortion on a young black woman. She was a rich society lady who wore fashionable gowns and diamonds while incarcerated in the county jail.
The earliest case I found reported in Texas newspapers was n 1890 in Comanche, when a medical doctor was arrested for performing an abortion. Charges were later dismissed when the victim refused to testify.
Such episodes were widely publicized in the press and sent a message to physicians that performing abortions would cost them their licenses. In 1919, the Legislature passed HB 235 making that official, requiring license cancellation by the state medical board for any physician found to have given a criminal abortion.
The Amarillo Globe News in 1960 cited local physicians' concerns that the abortion ban forced women to have "do it yourself" abortions, and reported that most women seeking the procedure were married.
Forbidding safe abortions didn't mean women wouldn't pursue unsafe ones, en masse. By the time of Roe v. Wade, the practice had become widespread. According to the Fort Worth Star-Telegram, in 1966 an estimated one million women had criminal abortions, and 8,000 of them died as a result.
By contrast, in 2021, the Guttmacher Institute estimates about 930,000 women had safe, medical abortions, though the US population is much larger than in 1966. So legalizing abortion empirically didn't make their number increase; it only made things safer and less threatening for women and the nurses and physicians brave enough to help them.
If it's true that abortions were more prevalent under a criminal sanctions regime, from a policy perspective, re-criminalizing greatly increases the harm without achieving the desired result.
The other big intersection of criminal law and abortion rights in the wake of the Dobbs opinion arises for women under supervision of the justice system: Either out on bail or on probation or parole. Whether these women will be allowed to leave their jurisdiction to get an abortion will be decided on a judge-by-judge basis: Some will routinely allow it; some never will. This will create a patchwork of policies as well as massive incentive for defendants to lie to the courts and abscond.
Presently, because this hasn't been an issue the criminal-justice system dealt with in more than a half century, there's no criminal-justice reform group obviously well-situated to confront these questions. The ACLU will step up, one assumes, but they're being pulled in a million directions and don't have a winning track record on these topics. Meanwhile, abortion-rights groups who one would anticipate would be most aggressive haven't dealt with the justice system in a half century and will have a steep learning curve. Grits fears that neither the abortion rights movement nor the #cjreform movement are well-positioned to confront what's coming next.
MORE: A slightly expanded/edited version of this post was published in The Texas Observer.
* An earlier version of this blog post said Henry Wade was Harris County DA. He was DA in Dallas County. I regret the error.
Saturday, March 26, 2022
Custodians of History: Old prosecutor files include marginalized voices usually excluded from public media and discourse
This is especially important when mainstream information sources about marginalized people are scarce. For example, in New York City, prosecutor records were used to document the early 20th century exploits of an undercover policewoman investigating abortion doctors. Wrote one of the authors of that investigation:
These files record the lives of marginalized populations, often silenced in the historical record. Poor New Yorkers, women, immigrants, queer residents, and people of color, whose lives might have evaded contemporary published material but whose voices appear -- albeit refracted through the justice system -- in these archives.
It turned out to involve a man named Arthur Raven and a codefendant, Audrey McDonald, and would have been an extremely high-profile case. (Long-time readers will recognize a pattern: the higher-profile the case, the more likely somebody cuts corners to secure a conviction, as with this jury-selection process.)
Sunday, January 23, 2022
In 1950s, Austin removed lights and sirens from police cars: Result was award winning traffic safety record
But in the 1950s, Austin police took an even more drastic step to reduce police-vehicle accidents: Grits was today years old when I learned that, in the 1950s, the Austin Police Department removed lights and sirens from its police cars to encourage better driving by its officers.
It worked. Accidents involving officers plummeted and the city won a national safety award for its vehicle fleet.
In an Austin Statesman article dated December 27, 1955 titled, "Siren, light removal makes police unhappy," the paper reported that "removal of the sirens and red lights has materially reduced accidents involving police cars rushing to other smashups or speeding to the scene of a crime."
Police Captain George Rogers, head of the department's traffic bureau, said "it was a very important factor" in Austin's winning of the 1955 fleet traffic safety award.
The award - presented by the National Association of Chiefs of Police and the National Safety Council - recognizes the Austin police department's fleet safety record as the best in the nation.
They began removing lights and sirens as they replaced old patrol cars starting in 1953. According to Captain Rogers, "Some of the boys got it in their heads that because they had sirens everyone would get out of their way, but of course that's not true. We figured we could save equipment by removing them, and we have."
Rogers noted that since July only two police cars have been involved in accidents - a substantial better showing than in the past.
[City Manager Terrell] Blodgett put it this way: "We did it to reduce accidents. We felt that the few seconds saved (because of sirens) were not worth the chances of accident and injuries.
"Rank and file" grumbled about the change, but for at least a few years, it stuck.
I can't tell precisely when lights and sirens made it back onto Austin police cars. But in 1971, the Legislature passed a state law mandating that "an emergency vehicle on an emergency call must use red lights and a siren." Not long thereafter, two Austin police cars were totaled when they hit each other driving with lights and sirens to a non-emergency call. One of the officers was seriously injured. Reported the Statesman at the time:
At one time, the Austin police force did not have plainly marked patrol cars and only had a small red light which an officer placed on the dashboard of the unit when stopping another car.
No car was equipped with sirens at that time. ("New police Code 3 policy requires sirens, red lights," Austin American Statesman, Dec. 28, 1971)
This is a shockingly forward thinking policy prescription for the 1950s and I'm amazed police brass were willing to stand up to the rank and file to enact it. Less surprising are the facts that a) it undeniably reduced accidents and saved lives and b) eventually the city succumbed to pressure from the "rank and file" to change it back.
Wednesday, October 27, 2021
Not that anyone cares, but "violent victimizations" were actually down last year
And yet, facts persist. Sigh. Let's talk about one that nobody in the political class wants to believe, and that will certainly only bring Grits grief for even mentioning: The just-released National Crime Victimization Survey - one of the two main measurements of crime in the United States - found that, "From 2019 to 2020, the total violent victimization rate declined 22%, from 21.0 to 16.4 victimizations per 1,000 persons age 12 or older." Burglaries and trespassing complaints declined, the survey found. And the decline was especially pronounced among youth age 12-17, for whom violent victimizations decreased 51%.
Does that jibe with the breathless news coverage about crime you've read in the last year? Of course not. The decline in violent victimization won't attract viewers/readers the same way as "Be afraid, killers on the loose," so it won't be reported. Compare this to how the increase in murders played out in the press last year.
As John Pfaff observed on Twitter, this news reinforces the extent to which the reported crime increase being touted near-daily in the press has been largely about homicides. Assaults and violent victimizations overall were down last year, according to this metric, particularly in suburban areas. Simple assaults were down, but also more serious ones. Firearm victimizations, which in this survey includes pointing a firearm as well as firing one, declined from 481,950 in 2019 to 350,460 in 2020. Burglaries were down 19%.
The NCVS is one of two main, national crime measurements in the United States. The "Uniform Crime Reports" (UCR) count crimes reported to law enforcement agencies, while the NCVS surveys crime victims to include crime victims who didn't report to police.
The NCVS is especially important right now because of changes to UCR data. Without going too deep in the weeds, the feds are shifting to an incident-based reporting system that supposedly is more accurate but results in data that's not an apples-to-apples comparison to what was reported before. Plus, many smaller agencies haven't yet made the switch. So for the next few years, it will be problematic to judge crime trends based on these data: They'll be establishing a new baseline that's not comparable to the old numbers.
The NCVS, by contrast, is still performed as it was in the past, though in-person interviews were halted last year for a time bc of COVID. Moreover, the story it tells corroborates UCR data on crime beyond homicides: News reporters and criminologists have puzzled that murders increased but reports of other types of violent crime went down. The NCVS confirms that crime victims simply were victimized less, not just that reporting went down because of distrust of police (or whatever reason one wants to assign).
So many in law enforcement have taken the recent murder spike as an excuse for a money grab, there's little reason to hope public policy might adjust to reflect actual, in-real-life crime data. So Grits offers up the NCVS analysis without any real belief that it will convince anybody of anything. Everyone will just look at it for evidence that confirms their priors, cherrypick that, and move on.
In the context of declining violent crime victimization, it's worth revisiting recent research from Dr. Bill Spelman at the UT LBJ School. He analyzed the major risks of death for Austinites and found murder was a far less salient risk than traffic deaths, suicides, or drug overdoses.
Anyone truly concerned about "public safety" in this town would, by any reasonable measure, be chiefly concerned with the causes of death on the right-hand side of this chart. But we spend most of our time in city politics and a majority of the city budget on the causes on the left hand side. It's exhausting. And stupid. And I don't know if it can or will ever change.Wednesday, September 22, 2021
More police won't help with Austin's biggest public-safety threats
The argument for Prop A - the GOP-backed initiative to force the city of Austin to hire 500+ more police officers - is premised on the notion that Texas' capital has become uniquely dangerous as a result of the city council's anti-law enforcement policies. Local media have doubled down on this meme, touting Austin's "record" number of homicides while downplaying the fact that we're now a city of a million people and the record was set 40 years ago.
How journalists present this information tells us more about them than whether Austin is a safe town. You can run with the scary headline, "Austin hits all-time murder record," or the equally accurate, "Austin has slightly more murders than when it was a much smaller town 40 years ago." The former may work better as clickbait (which is why they do it - hi, Tony Plohetski!) but the latter, contextualized account gives a more accurate sense of the threat.
Though you wouldn't know it from the local media's framing, the murder spike in Austin last year tracked nationwide trends and other Texas cities - including Republican-led communities like Fort Worth and Lubbock - saw even greater increases. So the notion that the murder spike resulted from Austin-specific policies or local attitudes toward police are dubious at best: Nobody thinks Lubbock's city council is anti-police, and they saw a 105% increase in homicides last year.
Even if you think crime is a problem, there's strong evidence hiring more police won't help. The question of whether hiring more police reduces crime has been intensively studied for decades with consistent findings, according to a 2013 metastudy analyzing hundreds of research findings over 40 years. Those researchers concluded, "This line of research has exhausted its utility. Changing policing strategy is likely to have a greater impact on crime than adding more police."
Prof. Bill Spelman, a criminologist and former Austin city council member, now retired from UT's LBJ School, made similar assertions on local Fox news this week. He pointed to the lack of correlation between police staffing size and homicide increases last year, noting that departments of all sizes saw murder spikes, including agencies with high and low staffing ratios alike.
Indeed, Prop A arises from a fundamental misunderstanding of the safety risks faced by the public. Murders are a scary way to die, but in Austin they're an incredibly uncommon one. By comparison, more than one thousand Austinites have died from COVID in the past year and a half. Prof. Spelman analyzed the various death risks in Austin and compared them to national averages. Here's what he found:
Austinites are far less likely to die from murders than other Americans, but we're not doing nearly so well on drug overdoses and suicide. In fact, former Austin Police Chief Brian Manley refused to allow police officers to carry donated Narcan to prevent overdose deaths, declaring that providing medical care was EMS's job. His successor, Joe Chacon, reversed that policy earlier this year, but police in Austin have not until VERY recently considered drug overdoses their problem.Spelman's research re-frames the public-safety question more broadly to include ALL the threats people face, not just scary murderers. And as soon as one considers that broader question, the murders don't seem so scary. They're terrible events happening to small numbers of folks, but their existence shouldn't cause us to de-prioritize responses to threats that pose equally grave danger to far more people.
Friday, September 03, 2021
Politics explains oddities and strange bedfellows in Harris County bail debate
“Bail reform” has not been confined to misdemeanors, but has been implemented, in practice, for felony defendants at every level, even repeat violent offenders charged with some of Harris County's most notorious and deadly crimes, including, but not limited to murders and capital murders.
- Re-offending by criminal defendants who have been released on bail is up.
- Bond failures by criminal defendants are up.
- Violent offenses committed by defendants free on bail is up.
Thursday, September 02, 2021
Prosecuting crimes of poverty isn't the same as combating a "crime wave"
Expert research -- including some paid for by the County -- shows that's not true.
The County hired national experts at the Justice Management Institute last summer to address exactly this question. JMI assessed the backlog and concluded that the safest and most fiscally responsible solution to the backlog would be “to dismiss all non-violent felony cases older than nine months,” with certain exceptions for cases like DWI, so that the DAO could devote its resources to prosecuting violent cases. The experts at JMI pointed out that only 42% of all felony cases (not just “violent” crimes) closed in 2019 resulted in a conviction. The other 58% resulted in dismissal, deferred adjudication, or acquittal. And even among the 42% of cases that resulted in conviction, the majority involved people who were released immediately into the community on probation. The idea that the DAO is rescuing Houston from a “crime wave” by prosecuting years-old theft-by-check cases and other poverty crimes is laughable.
But the Chronicle ignores this information.
The paper also ignores a recent academic study by researchers finding that non-prosecution of low-level offenses can lead to less crime without any negative effects on public safety. Ogg has offered no answer to these findings. And now she is asking for millions of dollars more to fund 22 additional prosecutors to conduct intakes -- which will bring even more people into the broken system, exacerbating a problem that Ogg created.
The DAO is to blame for this tragedy. Ogg has enormous discretion to decide whom to prosecute, and most of the cases that Ogg is now begging for resources to resolve shouldn’t even be in the system. Evidence and research show that expanding the wasteful punishment bureaucracy through initiatives like the DA’s “triage” program does nothing for public safety, but does a lot to expand the government’s control over and surveillance of poor people and Black and Brown people, exacerbating poverty, separating families, and making it more difficult for people to find jobs and housing - all conditions that tend to increase future crime, not decrease it.
Ultimately the Chronicle piece is hailing prosecutors as heroes for solving a problem that they created and that they can end without spending a single penny more. Ogg doesn’t need more money to do her job. Instead, Harris County needs to invest that money in proven solutions to public safety issues-- programs like violence interruption, mental health, youth programs, non-carceral crisis response, streetlights, and other interventions that prevent harm before it occurs -- and should stop spending millions of taxpayer dollars for the DAO to prosecute crimes of poverty from 2016.
Wednesday, September 01, 2021
Time for the Texas #cjreform movement to get back to basics
As I wrote after the regular session ended, it's important to be clear about what's happening here: Without exaggeration, we're witnessing the spearpoint of American fascism piercing the body politic in Texas. One is not proving Godwin's Law by observing this, it's just a fact.
Abortion laws based on mass snitching regimens that read like something out of The Handmaid's Tale. Gun statutes that appear to have been authored by Yosemite Sam. More border wall building, this time with DPS troopers making petty arrests for trespassing and mass magistrations being held in county-jail parking lots. Making the bail system harder on poor people. Homelessness rendered a crime. High spending levels for police mandated. Dozens and dozens of new crimes (including a first-degree felony for doctors performing unauthorized abortions). And everything including new voting restrictions done in a highly partisan, often retaliatory fashion.
Republicans were angry and much of what passed this year was done to punish their opposition for daring challenge them in swing districts or publicly talk about negative impacts from their policies.
Grits largely blames the Governor and Dan Patrick. Speaker Dade Phelan appeared well-intentioned, but the rookie Speaker was steamrolled by the other two and, in the end, was afraid to exercise his power in ways that would displease either of them.
As the poet long ago lamented, the best lacked all conviction while the worst were full of passionate intensity.
At the state level, it's only going to get worse before it gets better. The only way to stop what's happening is for Republicans to pay an electoral price. That can't happen until November 2022, and conventional wisdom says it won't, even then.
Republicans should be vulnerable, having utterly vacated the political center, but Democrats have so far fielded no credible candidates to challenge them, and proved with their failure to hold their quorum break that the party is devoid not just of strategic thinking but fundamentally of an identity as a coherent group. Republicans are united around a dystopic, right-wing ideology that is unworkable and harmful but at least consistent. The Democratic field brings to mind Will Rogers' observation more than a century ago: "I belong to no organized political party: I'm a Democrat."
At the local level, there are more opportunities. A lot of the energy from protests last year continues to animate less high-profile but still significant changes, particularly surrounding mental-health first response and addiction. Local groups are beginning to focus on police contracts, which by their nature are long-term fights that may not see results for many years, but which alter the terms of debate locally. And shifting the culture of policing is still on the table in a variety of ways.
None of this will happen quickly. But we can already see a desire to divert people out of the local jails during COVID, especially when their problem is primarily mental health, housing or addiction, starting to align with those trying to get police out of the social-services business. Where those collaborations flower, local work can produce big changes for people in the real world, even in the current political climate. That's where the criminal-justice reform movement should focus now. Unless and until statewide Republicans - particularly Abbott and Patrick - lose at the ballot box, there's nothing to do at the state level anymore but play defense against the bad stuff.
Thursday, August 19, 2021
#SandraBland Act data used to identify Texas' most aggressive, small-town speed traps
Our pals Eric Dexheimer and St. John Barned-Smith at the Houston Chronicle have performed a great mitzvah by analyzing traffic stop data from Texas' Sandra Bland Act to identify the most prolific Texas speed traps.
They found 21 small town agencies giving out more than 500 tickets per officer per year, making up up to 40% of municipal budgets. Anti-speed-trap laws passed by the Legislature, they found, are riddled with loopholes and seldom enforced.
Remarkably, "It doesn’t take many officers to affect a small city’s bottom line. Wells didn’t have an active police force in 2017 and collected less than $10,000 in fines. When it reactivated the department a year later, fine collections rose to $592,865."
Another example: "In Riesel, Chief Danny Krumnow is adamant: When his two officers aren’t working other calls, they better be working traffic. State data show about 87 percent of motorists stopped last year drove away with a ticket. Municipal court fines last year made up more than half of the town’s general fund." Perhaps unsurprisingly:
Many of the state’s most aggressive traffic enforcers shared key characteristics: small towns situated on busy high-speed thoroughfares where the speed limit quickly drops from highway to local-street speeds — or even lower where school zones intersect roads. Virtually all of the departments had fewer than a dozen officers.
Your correspondent was quoted in the story, citing data first published in this blog post back in April. Because no MSM news outlet has covered it, most people even in law enforcement don't realize traffic enforcement in Texas has plummeted over the last decade, with the number of tickets given declining by more than half from 2008 to 2020. (Notably, non-traffic citations declined by a similar amount over the same period.)
The logic of traffic enforcement is that it improves safety by decreasing traffic violations. But Texas' experience doesn't reflect such a trend. Over the same period, traffic fatalities per mile driven in Texas fluctuated year by year, but ended up slightly lower overall and certainly evinced no large bump in fatalities.
As I asked at the time, "If radically less traffic enforcement seems to have no noticeable impact on traffic fatalities, what precisely were we doing it for?"
The Houston Chronicle story provides at least a partial answer, particularly for small towns: Revenue. Indeed, "In Wells, in East Texas, the chief’s report at every city council meeting consists of a tally of traffic stops and tickets written." That's apparently the only "public safety" metric they care about.
I'd made a comment to the reporters I figured would be controversial:
Others say departments whose officers can afford to spend so much time writing tickets signal a jurisdiction that is over-policed. “These are cops who don’t seem to have much police work to do,” said Henson
But the cops they interviewed corroborated that assessment:
In Gregory, a city of 2,000 across the bay from Corpus Christi whose officers are some of the state’s most prolific ticket-writers, Chief Tony Cano said there was some truth to that.
“Our number of call-outs is low, so I guess you could say they have more opportunity to work traffic,” he said. Although “officers are not encouraged to write tickets, that’s what they do. I’ve seen the numbers and I’m like, whoa, those are high.”
If only he were in a position to do something about it! (smdh)
Grits welcomes this new analysis, and not only because I dislike speed traps and cops who prioritize revenue generation over crime fighting. It also represents the first time data from Texas' Sandra Bland Act has been used in an analysis not focused on racial disparities.
The Sandra Bland data should be a gold mine for law-enforcement research providing extremely detailed information about what goes on at traffic stops at a granular level, allowing robust analyses that to my knowledge couldn't be performed in any other state. But no academic researchers have latched onto the dataset, and before now, MSM reporters who analyzed it were solely focused on racial disparities. That's an important aspect of the new data, but it's by no means the only analysis that can be done with it.
I'm hopeful this article opens the door to more such uses: You can't manage what you don't measure, the saying goes, but the flip side is measurements don't matter if managers don't use them to seek improvements. Identifying speed traps is only one of many useful analyses the Sandra Bland Act data newly allows. But it's a good start.
Thursday, August 12, 2021
Bring on Austin's police staffing debate: Proposal to hire 400-800 new cops would require budget tradeoffs the public won't support
Grits isn't so sure. I think they've overreached. And the biggest reason is the budget math, which has been called "irresponsible" but may be straight-up "impossible" without massive tax increases the Legislature has forbidden via municipal revenue caps.
Yesterday, the city council put the Save Austin Now initiative on the November ballot and the financial services department released an estimate of the proposal's cost. There's some fuzzy language in the measure using undefined terms, so it's a range: To meet the requirements of the initiative, Austin would need to hire somewhere between 400-800 more police officers than it employs today, at a cost of $54 million per year on the low end to $120 million on the high end.
The difference arises in part because the initiative calls for officers to have 35% "community engagement" time. Currently, they have about 1% "community engagement" time, based on definitions the city has used in the past. But the phrase is sometimes used interchangeably with "uncommitted time," which includes things like checking email or restroom breaks, not necessarily "community engagement." The low estimate assumes the latter definition; the high-end estimate assumes the former.
Courts may eventually decide which definition to use. But even on the low end, increasing the budget by $54 million per year - given legislative revenue caps - would force draconian cuts.
The other factors driving the cost estimates are wage increases and the size of Austin's population. The $54 million figure assumes lower population growth and police wage increases than we've witnessed in recent years. Grits believes that figure is probably too low and the real number will be closer to the high end of the range.
SAN suggests all this could be paid for by eliminating money spent on homelessness. But even if you closed all the shelters and eliminated every service to that group (which doesn't sound particularly wise), it wouldn't raise nearly enough money. Money for recent expenditures purchasing hotels to get folks off the street came from the feds as part of the COVID stimulus: That's one-time money, not an ongoing revenue stream from which the city can pay salaries.
The truth is, you can't get to $54 million per year without cutting things the public STRONGLY supports: The entire budget for the city's animal shelters is about $10 million, for example. You could eliminate them entirely and still not be 1/5 of the way there.
Thanks in large part to the 40% of the city budget already spent on police, the overwhelming part of the city budget arrives at city council every year fully baked in: The amount they have for discretionary budget choices is generally in the low seven figures: a few million dollars. $54 million in new spending can't be done without closing things most Austinites don't want to eliminate.
This is the police unions and the Republican party doubling down on their anti-homeless ballot initiative this spring, but Grits predicts they'll find this a much harder sell. For starters, they did the last one during the legislative session when most of the criminal-justice reform advocates in town were focused on fighting bad bills at the Legislature. SAN outspent their opposition by more than 15-1 and the opposition campaign was led by inexperienced folks with nonprofit backgrounds who'd never run a campaign before.
This time, they'll find groups like the Austin Justice Coalition and its allies more fully engaged in the fight. A new PAC was formed to oppose the measure and experienced campaign staff has been hired, so don't expect the fundraising gap to be nearly as significant. And whereas the Mayor and most city council members stayed out of the homeless fight, the outlandish budgetary issues ensure they'll be vocally opposed to this one.
Local TV news has been SAN's biggest ally, giving their leadership a platform to spread misinformation with impunity. (The local FOX station has the SAN leader on frequently to "debate" different folks but the supposed debate moderator never fact checks his lies: It's really pretty embarrassing.) That's the biggest risk of this thing passing; if they let SAN pretend Austin can hire hundreds of new police with no budget tradeoffs, people might be duped into backing something they otherwise wouldn't support.
But the upgraded opposition campaign means there will be somebody out there informing the public besides local TV news. It's not going down like Prop B, where the opposition didn't have resources to counter the message.
Indeed, Grits welcomes this debate and am near-giddy that SAN has framed it this way: The anti-homeless initiative passed because West Austin was mad about public camping and wanted homeless folks out of their sight line. Now, the policy discussion shifts to the real-world tradeoffs involved in spending so much new money: A very different debate.
Prop B passing left the impression that Austinites oppose criminal-justice reform. Defeating this measure will reverse that false meme and perhaps give local media a chance to reboot their sycophantic cop coverage.