For A-Plus Writer Only

Book Reference

Peak, K. J. (2015). Policing America: Challenges and Best Practices (8th ed). Upper Saddle River, NJ: Pearson Education, Inc.

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(Courtesy Lisa F. Young!Shutterstock.)

13 Addressing "People Problems" Immigrants, Youth Crimes, Hate Crimes, the Mentally Ill, and Homeless

LEARNING OBJECTIVES

As a result of reading this chapter, the student will be able to :

0 Explain several issues-political, economic, and social-that underlie immigration and border security

f) Explain what measures some state and local units of government are adopting to attempt to reduce the number of undocumented immigrants residing in their jurisdictions

8 Delineate some new police methods for controlling illegal border crossings 0 Explain the nature and extent of youth crime and violence

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T

0 Describe how the police are addressing selected problems involving youth, such as school violence, and gun violence

0 Discuss the problems with determining the actual numbers of hate crimes, how such crimes differ from other crimes, and some potential responses to the problem

f) Describe the social factors that contribute to mental illness and homelessness, and what police are doing to assist those who live on the streets

Introduction This chapter continues with our "extraordinary problems" theme established in Chapter 12 with selected problematical types of offender groups . Whereas Chapter 12 looked at organized. syndicated

crime groups, this chapter concerns more individualized offenders who confront the police (although the argument could be made that some of these individuals are in fact organized in their criminal activities;

in fact, some problems discussed in this chapter, such as illegal immigration and youth violence, can

and do evolve into problems that are gang- or drug-oriented in nature) .

Put another way, a common thread running through the types of offenders who are discussed in this

chapter-undocumented immigrants who wish to live in the United States or to maintain cross-

international criminal activities, violent and disorderly youth, persons who perpetrate crimes because

of their hatred for others, and those who are homeless-is that each poses unique challenges for the police, who are often compelled to utilize some unique practices in order to deal with them.

This chapter begins with an examination of what might be viewed as the dual problem of illegal immi-

gration and border security. Included is a review of several rationales that underlie the immigration

problem; also included is a discussion of several federal and state laws, methods (e.g , the Southwestern

fence) , and technologies that attempt to address the problem.

Next we examine crime from the perspective of youth; it has long been said by people working in

criminal justice that "Crime is a young person's game," and certainly that holds true; we examine youth

crime and violence from several vantage points , including guns, disorderly conduct, and the problem of underage drinking. Following that we look at another increasingly serious matter: crimes committed by

individuals who are motivated out of hate; we also consider some police hate-crime initiatives involving

enforcement and prevention. Then we review the problems of mental illness and homelessness, includ-

ing the nature and extent of the problems; as with the preceding topics , we also look at some police

"best practices" for helping these individuals.

The chapter concludes with a summary, key terms, review questions, and several scenarios and activi-

ties that provide opportunities for you to learn by doing .

..,... Policing U.S. Borders Extent and Rationales There are an estimated 11 .5 million illegal immigrants residing in the United States. 1 The annual influx of unauthorized immigrants into the United States began to decline in 2007 and even stabilized during 2012, given tougher state immigration laws, fewer available domestic jobs, greater levels of border enforcement, and improved social conditions as well as changing demographics (i.e. , lower fertility rates) in Mexico.2

CHAPTER 13 Addressing "People Problems" 342 'f'

The status and numbers of persons now living in the United States illegally could change dramatically if pending legislation is fully implemented, however. A bill, originally called the Development, Relief and Education for Alien Minors Act (the "DREAM Act") was first introduced in Congress in 2001, but has failed to pass since; however, it is expected to be re- introduced by both Houses of Congress in 2013.3 An estimated 1.8 million immigrants could be affected in the United States who are, or could become eligible for citizenship. Current versions of the legislation would offer a two-year, renewable reprieve from deportation to unauthorized immigrants who: are below the age of thirty-one; entered the United States prior to age sixteen and have lived here continuously for at least five years; have not been con- victed of a felony or "significant" misdemeanor, or three other misdemeanors; and are either now in school, have graduated from high school, earned a GED, or served in the military.4

The reasons for persons wishing to immigrate to the United States are varied. Historically, however, income and lifestyle stand at the root of the matter: Many people, like those persons attempting to cross the Southwest border from Mexico, want to relocate here primarily in order to live a productive and more comfortable life. The difference in per capita income between the United States and Mexico is staggering, and until the Mexican economy can become even moderately robust, people will attempt to breach borders and barriers in order to enter the United States. As David Von Drehle stated, "Given the historic ties, family ties, and economic ties connecting the two countries, the long-term solution to border security is a robust Mexican economY:'5 Other motivations for immigrating to the United States include: to escape persecution and corrupt governments, to join their fami- lies, and to provide better education for their children. Unfortunately, however, history has shown there are also those persons who would cross U.S. borders in order to plan, facilitate, and commit terrorist acts on U.S. soil.

Issues, Crime-and a Fence A number of long-standing social and economic questions remain in the minds of many American citizens concerning immigration and border security: Do illegal immigrants

A Ille gal immigrants are placed in holding facilities by Customs and Border Protection agents

before they are returned to Mexico. (Courtesy U.S. Customs and Border Protection.)

CHAPTER 13 Addressing "People Problems" 343 ...

commit a disproportionately high number of crimes? Do they take jobs and money away from American citizens and reduce wages? Are U.S. local school districts overtaxed by the needs of immigrant children? Do undocumented immigrants in emergency rooms who are uninsured drive up the costs of premiums for the insured?6

The latter three questions-if answerable at all-can be addressed by economists or related federal agencies and are beyond the reach of this chapter section. However, the first question was recently considered by the Congressional Research Service, which looked at arrests of illegal and criminal immigrants for a three-year period and deter- mined that criminality by immigrants is not insignificant: These arrests involved 159,286 individuals and 205,101 arrests. About 26,412 (17 percent) of the database's illegal and criminal immigrants had been detained for some crime and were then released from custody-and later accounted for a total of 42,827 arrests and 57,763 alleged violations. Of these arrests, about 8,500 (14.6 percent) were for driving under the influence, 6,000 (10.9 percent) were for drug violations, 4,000 (7.1 percent) involved major crimes (i.e., murder, assault, battery, rape, and kidnapping), and about 1,000 (2.1 percent) were for other violent offenses (including carjacking, child cruelty, child molestation, domestic abuse, lynching, stalking, and torture). Also included were 59 murders, 21 attempted murders, and 542 sex crimes?

Protecting the nation's 7,000 miles of borders is also a highly-charged-and expensive- political issue. President George W. Bush signed into law the Secure Fence Act of 2006, which allocated $1.2 billion for a "double-layer:' nearly 650-mile system of physical bar- riers between the United States and Mexico, including 299 miles of vehicle barriers, 350 miles of pedestrian fencing, checkpoints, lighting, cameras, satellites, and unmanned aerial vehicles along the southwestern border in areas of California, Arizona, New Mexico, and Texas, where more than 95 percent of all border crossings occur.8 Then, in June 2013, an immigration reform bill was passed by the U.S. Senate and sent to the House that would deploy 20,000 additional border agents and complete the 700-mile border fence, while also addressing other related issues.9

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A Vehicles at the border. One is parked under an improvised fence to protect the agent from rocks thrown from the Mexican

side of the border; the other got stuck while its driver attempted to drive over a 14'1 fence . (Courtesy U.S. Customs and Border Protection

(left); AP Photo/U. S. Customs and Border Protection (right)).

CHAPTER 13 Addressing "People Problems" 344 T

State Immigration Legislation-and a Supreme Court Decision Several state and local lawmakers, frustrated with this influx of illegal immigrants and the federal government's lack of success in dealing with it, have sought to check the problem by limiting their opportunities to get work, housing, and driver's licenses. In 2008, more than 200 state laws were enacted relating to immigration, the majority of which clamped down on illegal immigrants and their employers,10 and during the first quarter of 2011, more than 1,500 immigration-related bills were introduced in the states, most of which dealt with employment, identification/ driver's licenses and law enforcement. 11

Then in April2010, the Arizona legislature enacted Senate Bill1070 (Support Our Law Enforcement and Safe Neighborhoods Act)-the toughest immigration enforcement law ever-which:

Made it a violation of state law to be in the country illegally, and requiring immigrants to have proof of their immigration status; violations are punishable by up to six months in jail and a $2,500 fine; repeat offenses become a felony.

Required police officers to "make a reasonable attempt" to determine the immigration status of a person if "reasonable suspicion" exists that he or she is an illegal immigrant (race, color, or national origin cannot be the only elements to be considered in initiat- ing such a determination) .

Allowed local or state government agencies to be sued if having policies that hinder enforcement of immigration laws.

Made it a crime to stop one's vehicle on a road to offer employment to illegal immi- grants as day laborers. 12

In June 2012, however, the U.S. Supreme Court13 voted 5-3 to strike down most of the law and essentially upheld the federal government's authority to set immigration policy and laws. One provision of the law that was allowed to stand by the Court's decision-and its most controversial-is one that allows police to check a person's immigration status while enforcing other laws if "reasonable suspicion" exists that the person is in the United States illegally. This provision-dubbed by opponents as the "show me your papers" or "papers please" law-has long been condemned by critics of the law that it opens the door to racial profiling.

Arizona's police chiefs and county sheriffs were quick to find problems with the administration of the Court's ruling-particularly the "show me your papers" clause. They wonder how long must officers wait for federal authorities to respond when they encounter someone illegal- especially given President Obama's new policy to only deport danger- ous criminals and repeat offenders. (If federal agents decline to pick up immigrants, the state has no means of forcing federal authorities to pick them up, and will likely have to release them unless they're suspected of committing a crime that would require them to be put in jail.) If they release a person too soon, are they exposing themselves to a lawsuit from residents who accuse them of failing to enforce the law? How do they avoid being sued for racial profiling? What justifies reasonable suspicion that someone is in the coun- try illegally? Until such questions are answered, the Court's decision will certainly make enforcement of the law challenging. 14

States' Reactions in the Aftermath The Supreme Court's 2012 decision in the Arizona case end this trend: Frustrated with the federal government's failure to secure the southern border, in early 2013 dozens of state lawmakers throughout the nation had begun drafting measures designed to address illegal

CHAPTER 13 Addressing "People Problems" 345 T

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immigration, including at least six states that planned to introduce bills similar to Arizona's, and others that intended to limit access to public benefits for undocumented immigrants and to punish employers who hire them. Oklahoma initiated a plan to enact a law allowing authorities to seize and keep the vehicle of anyone who harbors an illegal immigrant and Missouri, Mississippi, and Nebraska are among the states where legislators will offer bills similar to Arizona. In several other states, lawmakers plan to push for laws that require employers to verify the immigration status of their workers. Newly elected governors in Georgia, South Carolina, and Florida vowed to enact tough immigration control laws dur- ing their high-profile campaigns, and Georgia's governor-elect (Nathan Deal) also wants to revoke birthright U.S. citizenship for children born to illegal immigrants. Commonly known as anchor babies, the number of children born to undocumented immigrants has nearly doubled to 4 million in the last few years and U.S. taxpayers spend tens of billions of dollars annually just to educate them.15

Police Responses Training As illegal immigration has increased over the past thirty years, so have state, local, and tribal law enforcement officer encounters with illegal immigrants during routine police duties. Furthermore, the Supreme Court's decision concerning the aforementioned Arizona law made immigration enforcement an even more challenging legal arena for the police and triggered the need for formal training to ensure fair and just enforcement of immigration laws. One response to these demands was the federal Office of Community Oriented Policing Services (COPS) providing funding in 2007 for a private corporation and a public university to develop and implement a pilot web-based Basic Immigration Enforcement Training (BIET) program, which is offered at a nominal charge through a private web-based provider. The BIET program was designed to respond to that need by addressing topics such as the following: 16

Identifying false identification. Federal law prohibits the production "without lawful authority an identification document or a false identification document:' Technologies now allow counterfeiters to make false documents look absolutely legitimate- to include the state hologram, watermarks, even bar codes. The police dilemma is daunting: How can they keep citizens safe if they do not know the true identity of the people they arrest? Some federal, state, and local authorities have devel- oped a plan whereby each person who is arrested is fingerprinted, and within thirty minutes the local police receive a reply on their fingerprint apparatus giving them the identity of the person arrested (if they have been charged before). If that person is an illegal immigrant, the ICE agents will give them a call, interview the immigrant, detain them as necessary and, ultimately, if warranted, the immigrant will be deported. Fortunately, local law enforcement officers also have technology to authenticate pass- ports, driver's licenses, and ID cards, and validate employee and visitor identification.

Consular notification: If foreign nationals in the United States are arrested or detained, officers must inform them that they can notify their country's embassy or consulate, and embassy or consulate officials must be allowed access upon request. In some cases, officers must notify the foreign embassy regardless of the individual's wishes. Notification is also required when a foreign national dies or is involved in an airplane crash or shipwreck, or a guardian is appointed for a foreign national who is a minor or an incompetent adult.

Nonimmigrant visas: International visitors wishing to visit the United States temporarily for purposes of business, work, tourism, or study have to obtain nonim- migrant visas. These visas are effective for a limited time- from six months to several years- and can be extended. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

CHAPTER 13 Addressing "People Problems" 346

•

Differences between immigrant and nonimmigrant status. An immigrant alien (also known as a Lawful Permanent Resident [LPR]) is one who has been granted the right by the U.S. Customs and Immigration Service to reside permanently in the United States and to work without restrictions. Such immigrants are issued a "green card" (USCIS Form I-551), which is evidence of their LPR status. A nonimmigrant is an alien who has the right to reside temporarily in the United States. Such persons (e.g., a foreign student) may enter the country on an F-1 visa. Nonimmigrant aliens may or may not be allowed to work in the United States, and some may or may not have rigid time limits for their stay. Specific rules apply to each nonimmigrant alien and if they violate even one of these rules for at least 180 days, they can be deported and cannot re-enter the United States for three years. One who violates their conditions for more than one year is deportable and unable to re-enter the United States for ten years.

Programs and Aerial Vehicles In addition to efforts of, and the beefed-up enforce- ment by agencies of the Department of Homeland Security (discussed in Chapter 10 ), and the aforementioned attempts to control illegal immigration, a number of other measures have been undertaken to secure U.S. borders.

In March 2013 the federal Office of Biometric Identity Management (OBIM) was cre- ated, to support the Department of Homeland Security by providing biometric identifica- tion for accurately identifying people and determining whether they pose a risk. OBIM supplies the technology for collecting and storing biometric data, provides analysis, updates its watchlist, and ensures the integrity of the data. 17•18

Regarding unmanned aerial vehicles (UAVs, or drones), their deployment has increased tremendously since they were introduced by U.S. Customs and Border Protection (CBP) in 2004: As of mid-2012, CBP had purchased ten drones, costing approximately $18 mil- lion each, and had spent an additional $55.3 million for their maintenance and operations. A May 2012 report, however, outlined problems with this drone program. According to the Office of Inspector General, CBP "needs to improve planning of its unmanned

A U.S. Customs and Border Protection's Air and Marine office recently obtained several

Predator B drones, w hich can fly for over twenty-seven hours, carry a payload of nearly two

tons, and have twice the speed and nine times the power of the original Predator. (Courtesy U.S.

National Guard.)

CHAPTER 13 Addressing "People Problems" 347 T

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aircraft systems program to address its level of operation, program funding, and resource requirements, along with stakeholder needs:'19 Also, despite the CBP's limited mission to safeguard the borders, the report noted that CBP often flies missions for many other federal and local agencies.

There is no question that the technology exists to use UAV s to patrol the borders and perform many other key law enforcement functions . As is often the case with technologies, however, as their abilities increase, so do public concerns about privacy safeguards. There have already been a number of reports and hearings held concerning these issues. 20

Back to Basics: Horses Sometimes the simplest approaches work the best when guarding the nation's borders. As an example, the U.S. Border Patrol's latest weapon is the return of the use of horses in Texas. Horses have been used for border protection since 1924-with agents being required to provide their own horses, and being paid $1,680 per year to look for bootleggers and illegal Chinese immigrants. Today's equines are trained differently, however: If there is an illegal immigrant squatting in the bushes near the Rio Grande, the border guard's horse will stop immediately, prick up its ears, and give a snort. If the illegal person attempts to run away, the horse will take pursuit through brush and branches. They are accustomed to loud noises (such as gunshots) and people, patrol in pairs, and are able to go into areas where all-terrain vehicles and other vehicles cannot penetrate. Inmates at the Hutchinson Correctional Facility in Kansas trained eleven horses for such use along the southwestern borderY

.,... Policing Youth Crimes

Extent of the Problem In Chapter 12 we discussed gangs and what the police are doing to try to suppress them. Of course, youth crimes are certainly a core feature or outcome of gang activity. But here we take a more expansive view of crimes that are committed by and against youth. Such crimes are as old as crime itself.

"Crime is a young person's enterprise;' as any police officer, criminologist, or anyone else employed in the criminal justice system can attest. Arrest data bear that out about one in ten persons arrested for committing a violent crime are under age eighteen, while 40 percent are committed by persons under age twenty-five.22 In fact, a recent study projects that nearly one in three people will be arrested by the age of twenty-three (excluding minor traffic offenses)-a sharp increase from a previous study that stunned the nation when it was published in 1967, finding that 22 percent of youth would be arrested by age twenty- three. This increase is due to tougher crime policies of today, when youth may be arrested for drugs and domestic violence, which were unlikely offenses in 1967; the high rate of arrest rate of youth is particularly troubling today because it can hinder or prevent their obtaining student loans, jobs, and housing.23

News accounts of serious crimes committed by children and adolescents have encour- aged a general belief that young people are increasingly violent and uncontrollable and that the response of the juvenile justice system has been inadequate. Most states have enacted laws that make the juvenile system more punitive and that allow younger children and adolescents to be transferred to the adult system for a greater variety of offenses and in a greater variety of ways. Indeed, at 645 per 100,000, the U.S. incarceration rate of juveniles is second only to that of Russia, at 685 per 100,000 population.24

Next we briefly consider several significant problems involving young offenders: school violence and bullying, gun violence, disorderly youth in public places, and under- age drinking.

CHAPTER 13 Addressing "People Problems" 348 ...

Gun Violence Although overall U.S. homicide rates declined in the 1980s and 1990s, youth violence, particularly gun homicide, began increasing dramatically. In urban areas, gun violence takes a particularly heavy toll, as large numbers of young minority males are injured and killed. Research has also linked urban youth gun violence to the gang conflicts over drug markets as well as gun availability.25

The numbers speak loudly about the violent nature of American youth, with persons ages eighteen to twenty-four historically having the highest homicide offending rates, and their rates nearly doubling from 1985 to 1993. After increasing dramatically in the late 1980s-while rates for older age groups declined-offending rates of fourteen- to seventeen-year-olds and young adults (eighteen to twenty-four years old) have now stabilized. Homicide offending rates for twenty-five- to thirty-four-year-olds, however, declining from 1980 through 1999, have been increasing since then.26 Youth gun violence is related to several other problems, including those of disorderly conduct of youth in public and underage alcohol use (both of which will be discussed in the pages that follow).

A very promising approach to addressing the problem of guns and youth is the use of focused deterrence, discussed in Chapter 12, modeled Boston's Operation Ceasefire and entailing a problem-oriented approach that focuses crime hot spots.

Disorderly Conduct in Public Places The disorderly conduct of youth in public places constitutes one of the most common problems many police agencies must handle, particularly in suburban and rural communi- ties. Disorderly youth are a common source of complaints from urban residents, merchants, and shoppers. Among the kinds of behaviors (some legal and some not) associated with youth disorderly conduct are playing loud music; cursing; blocking pedestrians and traffic; using alcohol, tobacco, and drugs; fighting; littering; vandalizing; and spreading graffitiY

Police responses to this problem might include the following: 28

Creating alternative legitimate places and activities for youth (such as youth clubs, drop-in centers, and recreation centers) and employing youth at businesses negatively affected by disorderly behavior.

Encouraging youth to gather where they will not disturb others.

Reducing the comfort level, convenience, or attraction of popular gathering places (such as eliminating places to sit or lean, changing the background music).

Installing and monitoring dosed-circuit television cameras.

Establishing and enforcing rules of conduct.

Denying youth anonymity by getting to know the names and faces of young people (without being antagonistic or accusatory).

Underage Drinking As with the statistics provided for other problems discussed in this chapter, unfortunately the numbers concerning underage drinking are not any better: The average age when youth first try alcohol is eleven years for boys and thirteen years for girls. The average age at which Americans begin drinking regularly is 15.9 years old, and adolescents who begin drinking before age fifteen are four times more likely to develop alcohol dependence than those who begin drinking at age twenty-one. It has been estimated that over 3 million teenagers are out-and-out alcoholics; several million more have a serious drinking problem that they cannot manage on their own. Finally, of the three leading causes of death for fifteen- to twenty-four-year-olds-automobile crashes, homicides, and suicides-alcohol is a leading factor in all three.Z9

CHAPTER 13 Addressing "People Problems" 349 T

A Youths who are involved with alcohol, drugs, and gangs will soon be involved with the police

as well. (Courtesy Monkey Business Images!Shutterstock.)

Although underage drinking (alcohol consumption while under the age of twenty-one) is prohibited throughout the nation, young people use alcohol more than any other drug, including tobacco. Many of the harms associated with underage drinking, such as traffic fatalities, driving under the influence, assaults, cruising, street racing, raves, disorderly conduct, acquaintance rape, vandalism, and noise complaints, arise from the overconfi- dence, recklessness, lack of awareness, aggression, and loss of control that often accompany alcohol abuse.30 The pressure to drink- whether to experience a rite of passage, to become part of a group, to reduce tension, or to forget worries-also contributes heavily to this problem.31

Police have responded in various ways to the problem of underage drinking:32

Target reduction of the community's overall alcohol consumption. This may sound impos- sible to do, but some available means for doing so are discouraging price discounts on alcohol, restricting the hours or days when retailers can sell alcohol, and limiting the number of alcohol outlets.

Use of a comprehensive approach. The police can use a combination of examining motivations for drinking, addressing drunk driving, targeting fake IDs, providing counseling or treatment about drinking patterns, enforcing minimum-age purchase laws, conducting undercover "shoulder tap" operations (police have an underage undercover operative ask adult strangers outside a store to purchase alcohol), checking IDs at bars and nightclubs, applying graduated sanctions to retailers who break the law, requiring keg registration (primarily to identify adults who provide alcohol to minors at large house parties or keg parties on college campuses; several states use keg registra- tion to link information about those who purchase a keg to the keg itself), developing house party guidelines and walk-through procedures, and imposing fines for each underage person drinking at a party.

CHAPTER 13 Addressing "People Problems" 350 ...

.._ Policing Hate Crimes

Types of Hate Crimes and Hate Groups Hate crimes are major issues for the police because of their unique impact on victims and the community. Federal and state laws have given the police considerable ammunition, however, for attempting to suppress hate crimes and prosecute those who commit such crimes. In 1990, Congress passed the Hate Crimes Statistics Act, which forced the police to collect statistics on hate crimes, and several states have since enacted statutes that place higher penalties on crimes that have a hate motive. Then, nearly two decades later, Congress enacted the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009,33 to help investigate and prosecute hate crimes. The Act makes it a federal crime to willfully cause bodily injury (or attempting to do so) with fire, firearm, or other danger- ous weapon when: the crime was committed because of the actual or perceived race, color, religion, national origin of gender, sexual orientation, gender identity, or disability of any person. Such laws have not completely eliminated such crimes. Exhibit 13-1 • describes the recent resurgence of hate crime groups in the United States.

A Conundrum: Determining the Number of Hate Crimes Committed Certainly preventing and responding to hate crimes can be a daunting task. However, this problem is exacerbated by the fact that it is nearly impossible to determine the statistical extent of the problem because the two different data sets reporting hate crimes provide two very dif- ferent pictures. Specifically, the Federal Bureau of Investigation's Hate Crimes Statistics 2011 reported a total of 6,222 hate crimes (with 7,713 victims)-46.9 percent of which were racially motivated, 20.8 percent involved sexual orientation bias, 19.8 percent motivated by religious

EXHIBIT 13·1

SURGE IN EXTREMIST GROUPS LINKED TO DEMOGRAPHIC SHIFT

A rise in the number of right-wing extremist groups since 2000 has been linked to alarm over the nation's weak economy and the growth of non-whites, symbol- ized by the 2008 election of Barack Obama, the nation's first African-American president.

The Southern Poverty Law Center reported that the number of right-wing hate groups-including neo- Nazis, Klansmen, white nationalists, neo-Confederates and racist skinheads-rose from 602 in 2000 to more than 1,000 in 2010, and then leveled off. Also, each group is smaller than before, making it more diffic~lt for FBI informants to penetrate it.

Meanwhile, the Associated Press reported that explicit prejudice against blacks and Hispanics con tin- ued to rise by several percentage points during Obama's first term. And "Patriot" groups-those responsible for domestic terrorist plots in the 1990s like the Oklahoma City bombing-enjoyed a comeback, reaching an all-time high of 1,360 in 2012, the center said.

Right-wing extremists experienced major setbacks in 2012, including Obama's re-election and a report by the Census Department that non-Hispanic whites would become a minority by 2050. But the news only strengthened membership. White News Now, a web- site run by white supremacist Jamie Kelso, reported "an incredible year;' reaching more people than ever before, and the secessionist Texas National Movement said membership rose four-fold after Obama was re-elected.

Sources: Hate Groups Grow as Racial Tipping Point Changes Demographics Colleen Curry, ABC News, May 18, 2012 http:// abcnews.go.com/US/militias-hate-groups-grow-response-minority- population-boom/story?id=16370136; The Year in Hate and Extremism SPLC Intelligence Report, Spring 2013 http://www. splcenter.org/home/2013/spring/the-year-in-hate-and-extremism; 'Swimming upstream: white supremacist groups still strong CNN, Aug. 7, 2012 http://www.cnn.com/2012/08/07/us/white- supremacist-groups/

CHAPTER 13 Addressing "People Problems" 351 ...

bias, and 12 percent stemming from ethnicity/national origin bias.34 However, the National Crime Victim Survey (NCVS) reports an annual average of 169,000 violent hate crime victim- izations. This large discrepancy is largely due to the fact that about 54 percent of victims in the NCVS did not report their crimes to the police. Furthermore, in the NCVS, hate-related victimizations are based on victims' suspicion of the offenders' motivation, rather than that of the police.35 The UCR statistics, as noted in Chapter 10, are based on crimes reported to, and by, the police, while the NCVS reports on what is reported by people surveyed through its survey and includes crimes that are not reported to the police. The limitations and advantages of both data sets are well known, for example, the UCR cannot report unreported crimes, uses a "hierarchy rule" (reporting only the most serious crime committed in a single incident), and are subject to police reporting error, while the NCVS is more prone to error as a result of respondent mistakes or falsifications, since no one investigates the respondents' claims. Furthermore, for an act to be classified as a hate crime by the NCVS, respondents need report only one of three types of activity: "the offender used hate language, left behind hate symbols, or the police investigators confirmed that the incident was a hate crime:'36

Initiatives for Enforcement and Prevention According to the Congressional Research Service, at least forty-five states and the District of Columbia have hate-crime statutes that cover bias-motivated crimes and provide specific pen- alty enhancements to deter such crimes. 37 At the federal level, investigating hate crime is a high priority of the Civil Rights Program of the FBI.38 Furthermore, the federal Bureau of Justice Assistance (BJA) has provided funding for the Center for the Prevention of Hate Violence at the University of Southern Maine to produce a series of reports on successful projects. As a result of such funding, many recommendations and "best practices" have emerged over the past decade.39 At the local level, responses to hate crime include: changes in legislation; enhancing law enforcement training for responding to such crimes; investigation, prosecution,

FOR

.A. Purveyors of hate and discrimination may, at some point, require action by the police. (Courtesy

Timothy R. Nichols!Shutterstock.)

CHAPTER 13 Addressing "People Problems" 352 T

and prevention of hate crimes; and diversity and tolerance education programs. Most states and larger cities also have some form of government -sponsored hate-crime initiative involving criminal justice agencies, while municipal police departments in many large urban areas also have dedicated hate-crime units within their organizations. Furthermore, police departments are often involved as members of state or regional hate-crime task forces.40

A final note: One unique problem that exists with hate crimes is that they can be dif- ficult to prosecute. Hate-crime charges are the only type where proving motive becomes as important as proving method. Juries often find it too difficult to conclude with any certainty what was going on in a suspect's mind during the crime. Defending a hate crime can also be a daunting task. Defense attorneys argue that a defendant may, for example, dress and talk like a skinhead but not identify with being one, while juries can be prejudiced toward guilt by the mere allegation of affiliation with such a cruel group. Furthermore, attorneys maintain that defending against such allegations can take on the appearance of defending a hate group and that jurors may force a defendant to pay for the sins of a group.4 1

..,.. Coping with Mental Illness a nd Homelessness: Crucially Needed Programs

A National Model: Memphis's CIT Program In 1988, police in Memphis, Tennessee, shot and killed a twenty-seven-year-old emotionally disturbed man who was wielding a knife. To its credit, the police department then set about partnering with a local mental illness alliance toward creating a program specifically designed to develop a more intelligent and safe approach to handling mental crisis events.42

The result was the Crisis Intervention Team, or CIT, which offers specialized training for officers in dealing with the emotionally disturbed and linking police with mental health professionals. Today more than 2,700 police agencies have adopted the programY

The program could not be more needed and timely than it is today, when it is estimated that up to 20 percent of police calls for service involve people whose behavior ranges from dysfunctional to serious mental illness.44 Indeed, the National Alliance on Mental Illness (NAMI) estimates that there now one in four adults-approximately 61.5 million Americans-experience mental illness in a given year; furthermore, one in seventeen, about 13.6 million, live with a serious mental illness such as schizophrenia, major depres- sion, or bipolar disorder.45

Mental illness is defined as "a medical condition that disrupts a person's thinking, feel- ing, mood, ability to relate to others, and daily functioning:'46 Mental illnesses are medical conditions that often result in reducing one's ability to cope with the ordinary demands of life. CIT uses volunteer officers from each patrol district who, although performing regular patrol functions, are trained to respond to crisis calls that present officers face-to-face with people suffering from these effectsY

Memphis has approximately 225 such officers-about 8 percent of the total force- who work with mental health providers, family advocates, and mental health consumer groups. CIT training consists of a four-stage, forty-hour comprehensive program that includes the following and emphasizes mental health-related topics, crisis resolution skills, de-escalation training, and access to community-based services:

First is a lecture program in which participants learn about such related issues as medications and side effects, alcohol and drug assessment, developmental disabilities, suicide prevention, commitment, post-traumatic stress disorders (PTSD), legal aspects and officer liability, and community resources.

Second, officers visit mental health centers and participate in discussions with mental health providers.

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Next, officers participate in realistic practical scenarios that emphasize crisis de-escalation, basic verbal skills.

Finally, there is a broad discussion of the appropriate handling of various situations involving the mentally ill.48

After twenty-five years of existence, the results of CIT have been impressive. National advocates for the mentally ill, such as the NAMI and the American Association of Suicidology have recognized the CIT program for distinguished service to the mentally ill. CIT is also credited with saving lives and preventing injuries, both for consumers and officers. Officer injury data have decreased substantially since the program began, and studies have shown that the CIT program has resulted in a decrease in arrests rates for the mentally ill, greatly increased diversion into the health care system, and a resulting low rate of mental illness in our jails. Perhaps most important is that CIT officers give those persons suffering from mental illness a sense of dignity.49

Addressing Homelessness Homelessness is a condition of people who lack regular legal access to adequate housing. Specific reasons for homelessness vary, but research indicates that most people are homeless because they cannot find affordable housing-a situation that has been exacerbated by the recession of the mid- and late-2000s. Families or individuals who pay more than 30 percent of their income for housing are considered "cost-burdened" and can have difficulty affording necessities such as food, clothing, transportation, and medical care. The lack of affordable housing is a significant hardship for low-income households and can prevent them from meeting their other basic needs, such as nutrition and health care, or saving for their future. 5°

According to the National Alliance to End Homelessness, approximately 643,000 people experiencing homelessness on any given night in the United States; of that number, 238,110 are people in families, and 404,957 are individuals. There are also about 26,500 homeless military veterans of the Iraq and Afghanistan wars, due largely to the economic crisis and post-traumatic stress disorder. 51 The new or temporarily homeless-people still hanging on to the remnants of their housed life, within the first six months of homeless- ness-often end up living in their vehicles.52 In addition, at any given time 45 percent of homeless people have indicators of mental health problems-25 percent of whom have some form of serious mental illness (e.g., chronic depression, bipolar disorder, and schizophrenia). People experiencing homelessness also have a high rate of substance use: 46 percent of homeless respondents reported having an alcohol use problem, and 38 percent reported a problem with drug use in the past year. 53

Certainly the police-from both humanitarian as well as financial perspectives-have an interest in working to resolve or at least minimize the extent of, and problems involving their homeless populations. First, assume, conservatively, costs of $80 to $175 for one to spend a night in jail, $300 per day for substance abuse detoxification, $3,700 per night in an emergency room, $4,500 for a typical three-day hospital stay, and $215 per ambulance ride, and the costs become staggering.54 Homeless individuals, particularly the chronically homeless, are gener- ally heavy users of municipal services such as police, fire, emergency response, and health care. Therefore, as with the mentally ill, discussed above, the solutions to homelessness involve police working with service providers and mental health experts in order to break the cycle of homelessness. Some communities have also implemented the following innovative approaches:

Trained clinicians accompany police on calls involving chronically homeless individu- als who are involved in "public nuisance" or other inappropriate behavior; the police and the trained mental health workers then determine the optimal strategy to address the particular situation.

A chronic substance abuser program that uses the same basic principles as a drug court. A collaborative team consisting of law enforcement, court officials, prosecutors, and

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.A. Homelessness can contribute to crime, fear, and neighborhood disorder. (Courtesy Pojoslaw!Shutterstock.)

substance abuse treatment agencies follows up on arrests for public drunkenness or nuisance. The offenders are offered the option of treatment in lieu of custody, followed by ongoing continuum of care and wrap around services.

Increased use of civil commitments for chronic substance abusers: some jurisdictions allow their district courts to involuntarily commit an alcoholic or substance abuser for up to thirty days to an inpatient facility. 55

In sum, as with any other problems involving crime and disorder, a well-planned analy- sis and response to homeless populations, following the standard community-policing and problem-solving approach can allow police departments to implement long-term solutions.

Summary As noted in the introduction, this chapter has continued the "extraordinary problems" theme established in Chapter 12, focusing more on certain types of individuals in the United States-immigrants, youth crimes, crimes committed by people where the motive is hate, and persons who are homeless-than on criminogenic groups or syndicates. These individuals pose unique challenges for the police through their actions or status. A number of strategies being employed by the police to address these problems were presented as well.

A common theme running through the types of offenders who are discussed in this chapter is that the police are often compelled to engage in clandestine operations in order to arrest or deal with them. Another connecting link for all these problems is that the police must constantly develop new methods, technologies, and practices for dealing with these individuals as well as understand and apply the specific laws that are involved. As different crimes and situational problems have arisen, police have also been compelled to adapt their training and operations in order to cope. Still, the unusual policing problems and circum- stances discussed in this chapter are not exhaustive. Certainly other circumstances require even further adaptation as the police attempt to guard U.S. borders, keep youthful offenders at bay, address hate groups, and deal with problems involving the homeless.

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Key Terms

homelessness underage drinking disorderly conduct drones hate crimes

Office of Biometric Identity Management

unmanned aerial vehicles (UAVs) youth crimes

Hate Crimes Statistics Act Secure Fence Act of 2006

Review Questions

1. How would you explain the several issues-including the political, economic, and social-that revolve around the subject of immigration and border security?

2. What are some of the reasons why illegal immigration is currently declining in the United States? What ap- proaches are some state and local units of government taking to attempt to further reduce the number of un- documented immigrants who are living and working in their jurisdictions?

3. What methods have some federal and local law en- forcement agencies adopted for controlling illegal border crossings?

Learn by Doing

1. You are temporarily assigned to your regional fusion cen- ter to collect border information. Assuming that funding and technology acquisition is not restricted, determine what you would do with the following, real-life situation: The border with Canada to the north has quietly devel- oped into a source of concern. If, for example, someone headed north on the gravel road into Noyan, Quebec, to a point just a few miles from Alburgh, Vermont, they would find there is nothing to mark the interna- tional divide. There are cameras and sensors to alert the Border Patrol when southbound people enter the United States-but nothing to stop them physically from mak- ing the two- or three-mile dash onto Route 2 and disap- pearing. Smugglers know the road is unguarded. Even more astonishingly, a dozen similarly unmarked back roads are found between Vermont and Quebec, consti- tuting a major, direct threat to national security.

Source: Adapted from Wilson Ring, "Unguarded Paths Challenge Border Patrol;' Associated Press, October 28, 2007, www. usatoday.com/ news/ nation/2007- 10-04-border_N.htm (accessed November 5, 2013).

2. Recently a number oflocal businesses along a city river have been suffering from a rash of problems involving

4. What is OBIM, and how does it function to help secure U.S. borders?

5. How would you explain the nature and extent of youth crime and violence?

6. What means are being used by the police for address- ing gun violence, disorderly conduct in public places, and underage drinking?

7. How would you define a hate crime, and how does it differ from other crimes? What are some police responses to the problem?

8. What factors contribute to mental illness and home- lessness, and what are some police agencies doing to assist those who live on the streets?

burglaries, panhandling, thefts, and vandalism. Many homeless individuals have been identified as living at nearby campsites in cardboard, plywood, and tarpaulin huts. Many of the transients booby-trap their campsites to ward off intruders. A large number of them also suf- fer from sexual and skin diseases and mental illness. Garbage, human waste, and litter in the campsites is a serious health concern, and there has been an alarming increase in transient aggression toward river users.

You are assigned to develop a strategy to "reclaim'' the river, to address the crime and disorder, and to discour- age illegal camping and other activities. What will you do? Include how other stakeholders might assist in this project and any new ordinances that might be sought.

Note: A number of communities have programs to assist the homeless; see, for example, the Los Angeles program at www.bringlahome.org/links.htm and the Chicago Coalition for the Homeless at www. chicagohomeless.org.

3. To better grasp the methods of, and problems confronted by, the police in this chapter's subject matter, you should seek out and interview individu- als who work in these arenas on a daily basis (e.g.,

CHAPTER 13 Addressing "People Problems" 356

•

federal agents with Customs and Border Protection or Immigration and Customs Enforcement (immigra- tion); police detectives or juvenile probation officers

Notes

1. U.S. Department of Homeland Security, Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2011, http://www.dhs. gov /xlibrary I assets/ statistics/ publications/ ois_ill_ pe_201l.pdf (accessed November 9, 2013).

2. Haya El Nasser, "More Mexicans Returning Home, Fewer Immigrating to U.S.;' http:/ /usatoday30. usatoday. com/ news/nation/ story /2012-04-2 3 I mexican-immigration-united-states/ 54487 564/1 (accessed November 18, 2013).

3. Dream Act 2013, "Overview of the Dream Act;' http:// www.dreamact2009.org/ (accessed February 18, 2013).

4. Immigration Policy Center, "The Dream Act;' http:/ I www.immigrationpolicy.org/issues/DREAM-Act (accessed November 8, 2013).

5. David Von Drehle, "A New Line in the Sand;' Time, June 20, 2008, p. 31.

6. Ibid. 7. United States House of Representatives, Judiciary

Committee, "CRS Report Highlights;' http:/ /judiciary . house . gov I news/pdfs/ Criminal %20Aliens %20 Report. pdf (accessed November 7, 2013).

8. Von Drehle, ''A New Line in the Sand;' p. 35. 9. Elise Foley, "Senate Immigration Reform Bill Passes

With Strong Majority;' Huffington Post, July 22, 2013, http:/ /www.huffingtonpost.com/20 13/06/2 7 I senate- immigration-reform -bill_n_3511664.html (accessed November 5, 2013).

10. National Conference of State Legislatures, "2009 State Laws Related to Immigrants and Immigration;' http:/ I www.ncsl. org/ issues -research/ immig/ 2009- state- immigration-laws.aspx (accessed November 19, 2013).

11. Ibid.; "20 11 Immigration-Related Laws, Bills and Resolutions in the States: Jan. 1-March 31, 2011;' http: I !www. ncsl. org/ issues -research/ immig/ immigration -laws-and-bills-spring- 2011 . aspx# 8 (accessed November 8, 2013).

12. Tom Cohen and Bill Mears, "Supreme Court mostly rejects Arizona immigration law; gov says 'heart' remains;' CNN Politics, June 26, 2012, http:// articles .cnn . com/20 12 -06 -25/ politics/politics_ scotus -arizona-law _ ! _ arizona-immigration - law-immigration -status -arizona -association?_ s=PM:POLITICS (accessed January 7, 2014); Paul Davenport and Jonathan J. Cooper, "Gov. Jan Brewer

who work with youthful offenders; federal agents and prosecutors who have experience with hate crimes; and a police agency that has a homeless program.

Signs Controversial Arizona Immigration Bill: De- cision Not 'Made Lightly'," Buffington Post, http:// www.huffingtonpost.com/2010/04/23/jan-brewer- arizona-govern_n_549290.html (accessed November 3, 2013).

13. See Arizona v. U.S., No. 11 -182 (2012). 14. Elliot Spagat, ''Arizona Police Face Questions After

Court Ruling;' Associated Press, June 17,2012, http:// news.yahoo.com/arizona-police-face -questions - court-ruling-081001363.html (accessed January 18, 2013); see also Davenport and Cooper, "Gov. Jan Brewer Signs Controversial Arizona Immigration Bill: Decision Not 'Made Lightly'," p. 1.

15. Judicial Watch, "States Will Push Tough Immigra- tion Laws in 2011 ;' http:/ /www.judicialwatch.org/ blog/20 11/01 I states -push -tough -immigration - laws-2011/ (accessed November 19, 2013).

16. U.S. Department of Justice, Office of Community Oriented Policing Services, "Basic Immigration Enforcement Training;' http:/ /www.cops.usdoj.gov/ default.asp?Item=2044 (accessed November 9, 2013) .

17. U.S. Department of Homeland Security, Office of Biometric Identity Management, "Overview;' http:/ I www.dhs.gov/obim (accessed November 5, 2013).

18. U.S Department of Homeland Security, Office of Inspector General, "CBP's Use of Unmanned Aircraft Systems in the Nation's Border Security;' May 2012, p. 4, http:/ /www.oig.dhs .gov/assets/Mgmt/2012/ OIG_l2-85_Mayl2.pdf(accessed November 9, 2013).

19. "U.S. Airports Boost Security;' Reno Gazette-Journal, January 6, 2004, p. 2A.

20. See, for example, Electronic Privacy Information Center, "Unmanned Aerial Vehicles (UAVs) and Drones;' http:/ I epic.org/privacy/ drones/ (accessed November 9, 2013).

21. Rick Jervis, "Mounted Patrols Beefed Up At the Bor- der;' USA Today, http://usatoday30.usatoday.com/ news/nation/story/2011-11-27 /mounted-patrols- horses- Mexico -border I 5142597 8/1 (accessed November 4, 2013) .

22. Federal Bureau of Investigation, Crime in the United States 2012, Tables 32 and 38, http://www.fbi.gov/ about-us/ cjis/ ucr I crime-in-the-u.s/20 12/ crime-in- the-u.s. -20 12/tables/32tabledatadecoverviewpdf ( ac- cessed November 5, 2013).

CHAPTER 13 Addressing "People Problems" 357 T

23. Donna Leinwand Leger, "Study: Nearly 1 in 3 Will be Arrested by Age_ 23;' USA Today, December 19, 2011, http:/ /usatoday30. usatoday.com/news/nation /story / 20 11 -1 2-19 / youth-arr ests-increase /52055700/1 (accessed November 3, 2013).

24. Joan McCord, Cathy Spatz Widom, and Nancy A Crow- ell, eds., Juvenile Crime, Juvenile Justice: Panel on Juvenile Crime, Prevention, Treatment, and Control (Washington, DC: National Academy Press, 2001), p. 25.

25.

26.

27.

Anthony A. Braga, Gun Violence Among Serious Young Offenders (Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services, June 2003), pp. 1-2. U.S. Department of Justice, Bureau of Justice Sta- tistics, "Homicide Trends in the U.S.: Age Trends;' http://www. bjs. gov I content/pub/pdf/htus8008. pdf (accessed November 5, 2013). Michael S. Scott, Disorderly Youth in Public Places (Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services, June 2002), pp. 2-5.

28. Ibid., pp. 14-21. 29. Focus Adolescent Services, ''Alcohol and Teen

Drinking;' www.focusas.com/ Alcohol.html (accessed November 5, 2013).

30. Kelly Dedel Johnson, Underage Drinking (Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services, September 2004), pp. 1, 4.

31. Ibid., p. 5. 32. 33.

Ibid., pp. 23-39. Codified at 18 U.S.C. § 249.

34. Federal Bureau of Investigation, "Hate Crimes Accounting;' http:/ /www.fbi.gov I news/ stories/20 12/ december I annual-hate-crimes-report-released/ annual- hate-crimes-report-released (accessed February 18, 2013).

35. Lynn Langton and Michael Planty, Hate Crime, 2003-2009 (Washington, D.C.: U.S. Department of Justice, Bureau ofJustice Statistics, June 2011), p. 2, http:/ /bjs.ojp. usdoj .gov/ content/pub/pdf/hc0309. pdf (accessed November 17, 2013).

36. Ibid., p. 4. 37. Congressional Research Service, State Statutes Gov-

erning Hate Crimes, p. 1, http://www.fas.org/sgp/crs/ misc/RL33099.pdf (accessed February 18, 2013).

38. Human Rights Campaign, "State Hate Crimes Laws;' http:/ /www.hrc.org/ resources/ entry /hate-crimes-law (accessed November 5, 2013).

39. U.S. Department of Justice, National Institute of Justice, Response to Hate Crimes, http://www.nij. gov I topics/ crime/hate-crime/ research-fin din gs.htm (accessed November 8, 2013).

40. Ibid.

41. Sean Webby, "Hate-Crime Prosecutions Have Proved to Be Difficult;' Reno Gazette-Journal, October 25, 2002, p. 8C.

42. Memphis Police Department, "Crisis Intervention Team: The Memphis Model;' http:/ /www.memphis- police.org/ crisis%20intervention.htm (accessed October 7, 2013).

43. Kevin Johnson, "Memphis Program Offers Example for Police and Mentally Ill;' USA Today, October 2, 2013, http: / /www.usatoday.com/ story/news/nation /2013/ 1 0/02/police-navy-yard-mental-illness-alexis

44. 45.

46.

47.

48.

-shooting/2910763 / (accessed October 6, 2013) . Ibid. National Alliance on Mental Illness, "Fact Sheet;' http: / /www.nami.org/factsheets / mentalillness_fact- sheet. pdf (accessed October 7, 2013). Ibid.; "What Is Mental Illness;' http://www.nami.org/ Template.cfm ?Section=By _Illness (accessed October 7, 2013) . Memphis Police Department, "Crisis Intervention Team: The Memphis Model;' http:/ /www.memphis- police.org/ crisis%20intervention.htm (accessed October 7, 2013). The University of Memphis, Crisis Intervention Team Core Elements, http: / /www.cit.memphis.edu /information_files/ CoreElements. pdf (accessed October 7, 2013).

49. Memphis Police Department, "Crisis Intervention Team: The Memphis Model;' http:/ /www.memphispolice.org/ crisis%20intervention.htm (accessed October 7, 2013).

50. National Alliance to End Homelessness, "Snapshot of Homelessness: The Big Picture;' http://www.end- homelessness.org/pages/snapshot_of_homelessness (accessed November 9, 2013).

51. Gregg Zeroya, "Number of Homeless Iraq, Afghan Vets Doubles;' USA Today (December 26, 2012). http: / /www.armytimes.com/ news/20 12/12/ gannett- homeless- iraq -afghanistan -veterans-122612/ ( ac- cessed November 8, 2013).

52. Judy Keen, "Winter Problem: More Homeless are Living in Cars;' USA Today, http://www.usatoday.com/ story/news/ nation/20 12/ 12/01 /homeless-living-in- cars-winter/1738363/ (accessed November 3, 2013).

53. Ibid. "Mental/Physical Health," http :/ /www. endhomelessness.org/pages/mental_physical_health (accessed November 9, 2013).

54. Jaclyn O'Malley, ''Assembly Tackles Homeless Prob- lem;' Reno Gazette-Journal, February 20, 2007, p. SA.

55. See, for example, ''A Strategy to End Chronic Home- lessness in Lynn, Massachusetts: Ten Year Action Plan, Lynn, Massachusetts;' September 2006, pp. 6-8, http:/ /www.endhomelessness.org/page/ -/files/3070 _ file_Lynn_TYP.doc (accessed November 8, 2013).

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