HomeMy WebLinkAbout04-10-2001 Articles ~.11 The Gazette, Mon. March 12, 2001
More minority drivers report police conflicts
WASHINGTON (AP) -- Blacks and and if a search was conducted in an whether or to what extent racial prof'~-
Hispanics were twice as likely as whites effort to discern if racial prorthng is ing exists," the report said.
to report use of force in encounters with occurring, Police Chief R.J. Winkelhake A little over 12 percent of black
police, said a report that also showed said last week. drivers were pulled over in 1999, corn-
black drivers were more likely than Requiring the olficer to report his pared with 10.4 percent of whites and 8.8
whites to be stopped, searched, hand- actions during a stop will help the percent of Hispanics. Black and Hispanic
cuffed or ticketed than whites. deparlment analyze an individual offi- drivers were twice as likely to be physi-
Two percent of blacks and Hispanics rer's actions, he said. cally searched or have their vehicles
who had face-to-face encounters with Ashcroft, asked Sunday on ABC;s searched and were more frequently tick-
police in 1999 reported force or threat- "This Week" about previous racial proffi- eted than whites.
ened force, compared with just under 1 ing studies, said he was ready to act to
percent among whites, the Justice De- stop the practice but wanted to first Overall, the study showed that 21
partment's Bureau of Justice Statistics work with Congress on another study. percent of U.S. citizens had encounters
with police and force was involved in
reported Sunday. The new Justice Department report about 1 percent of those cases. About
The report comes as Attorney General said that while the 1999 survey of 422,000 people aged 16 or older out of a
John Ashcroft has asked Congress to "contacts" between the public and police total of 44 million people who had
authorize a national study of racial shows that black drivers are stopped encounters with the police said officers
proffijng -- the practice by law enforce more often than whites, that "is not used or threatened to use force against
ment officials of singling out people necessarily evidence of racial pref~ing." them.
based on their race. "To form evidence of racial profiling,
Ashcroft said he wanis to get a mea- the survey would have to show that.. . About one in four said they did
sure of how prevalent the practice is at blacks were no more likely than whites something to provoke officers. The vast
local traffic stops. to violate traffic laws and police pulled majority of those who experienced force
The Iowa City Police Department in over blacks at a higher rate than were male and under age 32.
April will require officers who make a whites," the report said. The survey involved over 80,000 people
traffic stop to report the race of each The survey didn't look at those factors, and was carried out during the last six
person they stop, the reason for the stop so it "cannot settle the question of months of 1999.
Page 3A
Tuesday, -*. ., ..
March 13,
Iowa City Press-Citizen 2oo
Iowa City '* :-o,., .,'
Racial prorfiing
to be discussed
Univemity of Iowa law
professor David Baldus will
discuss racial profiling and
traffic stop data cofiecfion
tonight during a meeting of ' '
the Iowa City Police Citizens
Review Board.
The police department
began collecting basic tm~c
stop demograpt~ic informa-
tion in raid-1999. Iowa City
Police Chief R.I. Wmkelhake
has said his department will
expand its data collection
efforts nex~ month to
include various questions - ·
regarding the mason for. ' ' - -
process of and outcome for ' °
every tra~c stop.
During tonight's PCRB
meeting, the police depart-
ment also will present its
goats for 200 L
The meeting beg~s at 7 .- *
p.m, in the lobby conference II . ..... .,.
toom at the Civic Center. 410 .
E. Washington St. The public
~s invited to at~nd.
pinion
Iowa City Press-CitizenNeW data
Page 11A ri gh t
March 2~,
'°°' for police
Finally, we'll have
some racial profiling data The issue:
that might mean some- · iowa City police to
thing. collect more data on traf-
Iowa City Police Chief fic stops.
R.J. Winkelhake
announced recenfiy that
officers would add to We suggest:
their checklists new infor- · This is just what we
marion when making traf- need, to show if we have a
~c stops. The keys: problem or not.
· Why a person was
stopped. turned out to be the case.
· Whether a search W~thout knowing why
was conducted and why. people were stopped and
· Whether the person what happened as a result
stopped was cited, arrest- of the stop, all we had
ed or let go. were raw numbers. They
In mid-1999 the Iowa meant little.
City Police Department That could change.
started collecting data on Wmkelhake plans to
traffic stops, in response start the new procedures
to complaints officers in April. With any luck, a
were stopping motorists year from now we'll be
based on theft race. abletotellwhetherpolice
Winkelhake originally are target'mg minorities
opposed collecting the for special -- and unde-
data, but he relented served--attention.
when he realized no Even better, other
amount of denial on his cities -- such
part could shake public Coralville, Cedar Rapids,
perception. Ames and Des M~mes --
And the perception: are considering following
that nfinorities were Iowa City's lead,
stopped more than Wmkeihake said.
whites, simply because We don't know if Iowa
they were minorities. City police are targeting
We applauded the nfinorities.
move, while recogJ~zh~g We do know that we
it might be difficult to need to fred out.
draw any conclusiolLs The new data should
from the dat~ k~d that help.
:: 4ome News Today's Stories
'tiMES
UNION
Fnrst ptjblnshed Tuesday Aprfi 3 200~
St. Peter's
Police review task/ores Hospital
says it needs legal help
S('I IENE('TAI)Y-- A task Force c×plol mg creation
ot'an malependent civilian ~c~c~ boa~d to handle
complaints a~amst police ott'~ccrs dcc~ded Monday
needs leSal COtlllSeJ tO COIltllltlO
"We 111tlSt have a lawyer al OLlr 111C0[11/~5 tO ~Ol tlS
through d~e melee of le~alcsc mvol~cd m these
nmtters," said the Roy Van Stuart, who chaired the BELLEVUE
nleeting in the absence of'('ouncilman Buan Stratton the %~;oman's
l [o~ph~l
The six of nine members o[' the ta%k ibrce present
boa~d, split oxcr whether to conhnuc n~eetmg wHhotfl
Monday
fb~ a I~olice ~e~ie~ board, bul ~]lCtl ~C ]la~c If'led to
look rote things we've been told by varmus ol'~cmls
lhal we can'l do Ibis and we call'l do lhal," Shlart said
The lask Force is reviewing proposed
an independent review boald lieweber', at last week's
task force meeting Elayne Gold, a c~ty labor lawyer,
sa~d sHllilar legrelation proposed H1 R%,~acuse was
challenged by the cfiy's pohce union and has been
stalled b~ a 1998 shire %tHaiclue ('ouH HHtmchon
-- Mar~ ('e~mak
E ?, Send this story to a friend
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~AVID C. BALDUS Curriculum Vitae- 10/25/2000
?ph B. 77ve Professor, University of Iowa College of Law · Iowa City, Iowa 52242-1113
, ,~.' 319/335-9012 - Far.' 319/335-9098 - Interact: david-baldus~uio~,a. edu
ACADEMIC EMPLOYMENT
UNIVERSITY OF IOWA COLLEGE OF LAW, 1OWA CITY, IOWA
doseph B. Tye Professor, 1983 - Present
Professor, 1972-83
Associate Professor, 1969-71
Subjects: Criminal Law. Anti-discrimination Law, Capital Punishment, Federal Criminal
Law, and Admiralty
SYRACUSE UNIVERSITY COLLEGE OF LAW
Center for Interdisciplinary Legal Studies
Professor and Director, 1981-82
NATIONAL SCIENCE FOUNDATION
Director. Law and Social Sciences Program. 1975- 76
PRE-ACADEMIC EMPLOYMENT
PENNSYLVANIA CONSTITUTIONAL CONVENTION
Delegate, 1967-68
GENERAL PRACTICE OF LAW, Pittsburgh, Pennsylvania
1964-68
U.S. ARMY/ARMY SECURITY AGENCY (ASA)
Lieutenant, 1958-59
EDUCATION
YAI~E LAW SCHOOL
LL.i~, 1969 - LL.B.. 1964
UNIVERSITY OF PITTSBURGH
ll/[A., 1962 (Political Science)
DARTMOUTH COLLEGE
A.B., 1957 (Government Major)
BOOKS AND MONOGRAPHS
Statistical Proof of Discriminatiom 386 pages, Shepards-McGraw Hill (1980) (with James
W. Cole).
Annual Supl~lement, Statistical Proof of Discrimination (1981), (1982), (1983), (1984),
(1985), (1986), and (1987) (with James W. Cole).
Equal Justice and the Death Penalty: A Legal and Empirical Analvsis, 698 pages,
Northeastern University Press (1990) (with G. Woodworth & C. Pulaski).
ARTICLES, BOOK CHAPTERS & REPORTS
"State Competence to Terminate Concession Agreements with Aliens," 53 Kentucky L.J.
56-97 (1964).
"Pennsylvania's Proposed Film Censorship Law - House Bill 1098," 4 Duquesne L. Rev.
429-40 (1966).
"Welfare As A Loan: An Empirical Study ofthe Recovery of Public Assistance Payments
in the United States," 25 Stanford L. Rev. 123-250 (1973).
"A Model Statute for the Regulation of Abandoned Railroad Rights of Way" in Re-Use
Plannin~ for Abandoned Transportation Properties, Final Report to DOT. 109-25 (K.
Deuker and R. Zimmerman eds. 1975) (with S. Grow).
"A Comparison of the Work of Thorstep Sellin and Isaac Ehrlich on the Deterrent Effect
of Capital Punishment," 85 Yale. L. J. 170-86 (1976) (with J. Cole).
"Quantitative Proof of Intentional Discrimination," I Evaluation Quarterly 53-85 (1977)
(with J. Cole).
"Statistical Modeling to Support a Claim of Intentional Discrimination," Am. Statistical
Assn., ProceedinKs of the Soc. Star. Sec. Part I pp. 465-70 (1977) (junior author with J.
Cole).
"Quantitative Methods for Judging the Comparative Excessiveness of Death Sentences" in
The Use/Nonuse/Misues of Applied Social Research in the Court: Conference
Proceedings, 83-94 (M. Saks & C. Baron eds. I980).
"Identifying Comparatively Excessive Sentences of Death," 33 Start. L. Rev. 601-77
(1980) (with C. Pulaski, G. Woodworth, and F. Kyle).
"Comparative Review of Death Sentences: An Empirical Study of the Georgia
Experience," 74 J. Crim. L. & Criminology 661-753 (1983) (with C. Pulaski & G.
Woodworth).
"Monitoring and Evaluating Contemporary Death Sentencing Systems: Lessons From
Georgia," 18 U.C. Davis L. Rev. 1375-1407 (1985) (with C. Pulaski & G. Woodworth).
"Arbitrariness and Discrimination in the Administration of the Death Penalty: A
Challenge to State Supreme Courts," 15 Stetson L. Rev. 133-261 (1986) (with C. Pulaski
and G. Woodworth).
"Law and Statistics in Conflict: Reflections on McCleskey v. Kemp," in Handbook on
Psychololzv and Law 251-73 (D. Kagehiro & W. Laufer eds. 1991) (with G. Woodworth &
C. Pulaski).
"Race Discrimination and the Death Penalty," in Oxford Companion to the Supreme Court of
the United States 705-07 (K. Hall ed. 1991 ) (with C. Pulaski and G. Woodworth).
Death Penalty Proportionalitv Review Proiect: Final Report to The New Jersey Supreme
Court~ 120 pages plus 200+ pages of tables and appendices, (September 24, 1991 )
State v. Robert Marshall; Report to the New Jersey Supreme Court, 80 pages (September 24,
1991).
"Proportionality Review of Death Sentences: The View of the Special Master," 6 Chance
18-27 (Summer 1993) (with G. Woodworth).
"Reflections on the 'Inevitability' of Racial Discrimination in Capital Sentencing and the
'Impossibility' of its Prevention, Detection, and Correction," 51 Wash & Lee L. Rev. 419-
79 (1994) (with G. Woodworth and C. Pulaski).
"Improving Judicial Oversight of Jury Damage Assessments: A Proposal for the
Comparative Additur/Remittitur Review of Awards for Nonpecuniary Harms and Punitive
Damages~" 80 Iowa L. Re×. 1109-1267 (1995) (with J. MacQueen & G. Woodworth).
Keynote Address: "The Death Penalty Dialogue Between Law and Social Science." 70
Ind. U. L. Rev. 1033-41 (1995).
"Additur/Remittitur Review: An Empirically Based Methodology for the Comparative
Review of General Damages Awards for Pain, Suffering, and Loss of Enjoyment of Life,"
(with G. Woodworth and J. MacQueen) in Refonnin~ the Civil Justice System, 386-415
(Likamer, ed. 1996).
"When Symbols Clash: Reflections on the Future of the Comparative Proportionality
Review of Death Sentences." 26 Seton Hall L. Rev. 1582-1606 (1996).
~'Race Discrimination in Americans Capital Punishment System Since Furman v. Georgia
(1972): the evidence of race disparities and the record of our courts and legislature in
addressing the issue," Report to A.B.A. Section of Individual Rights and Responsibilities
(7/25/97) (19 pages) (with G. Woodworth).
"Pediatric Traumatic Brain Injury and Burn Patients in the Civil Justice System: The
Prevalence and Impact of Psychiatric Symptomatology," 26 J .Am. Acad. Psychiatry L.
247-58 (1998) (junior author with J. Max et al.)
'~Race Discrimination and the Death Penalty: An Empirical and Legal Overview" (with G.
Woodworth) in America's Exl~eriment with Capital Punishment) 385-416 (J. Acker et
eds. 1998).
"Race Discrimination and the Death Penalty in the Post Furman Era: An Empirical and
Legal Overview, With Recent Findings From Philadelphia," 83 Cornell L. Rev. 1638-1770
(1998) (with G. Woodworth et al.).
~'The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical
Analysis," __ U. Penn. J. of Constitutional Law (2000) (with G. Woodworth et al,)
(forthcoming)
BOOK REVIEWS
"D. Chambers, Makin~ Fathers Pay," 78 Mich. L. Rev. 750 (1980).
M. O. Finkelstein, Quantitative Methods in Law & W. Fairley & F. Mosteller, Statistics
and Public Policy, 1980 Am. Bar. Found. R. J. 409.
"W. White, The Death Penalty in the Eighties" & "H. Bedau, Death is Different," I Crim.
L. Forum 185 (1989) (with G. Woodworth & C. Pulaski).
PAPERS PRESENTED SINCE 1985
"Arbitrariness and Discrimination in Capital Sentencing: A Challenge For Presented State
Supreme Courts," Stetson Law School, March 1985.
"Arbitrariness and Discrimination in Capital Sentencing: The Georgia Experience,"
FortunoffCriminal Justice Colloquium, N.Y.U. Law School, May 1985.
"Statistical Proof in Employment Discrimination Litigation: An Overview", State of
Washington Judicial Conference, Tacoma, Washington, August, 1985.
"Arbitrariness and Discrimination in Capital Sentencing" Symposium on Capital
Punishment, Columbia Law SchooI, December 1985.
"Capital Punishment -- A Tragic ChoiceT" Mount Mercy College, Cedar Rapids, Iowa,
April 1986.
"Consistency and Evenhandedness in Federal Death Sentencing Under Proposed
Legislation," testimony before House Criminal Justice Subcommittee, Washington, D.C.,
May 1986.
"The lmpact of Prosecutional Discretion on Arbitrariness and Discrimination," American
Criminology Society, Atlanta, GA, November 1986.
"Death Penalty Cases: The Role of Empirical Data," National Judicial College of San
Diego, February 10. 1987.
"Individual Rights and the Constitution: Issues and Trends in the Death Penalty,"
Controversy & The Constitution Conference, Ames, Iowa, February 12, 1987.
"Equal Justice in Proposed Federal Death-Sentencing Legislation: lessons from the states,"
Testimony before the United States Sentencing Commission, Hearing on the
Commission's responsibility regarding promulgation of sentencing guidelines for federal
capital offenses, Washington. D.C., February 17, 1987.
"Usable Knowledge from the Social Sciences: A Lawyer's Perspective," University of
Nebraska College of Law, April 10, 1987.
"Equal Justice and the Death Penalty: Some Empirical Evidence," University of Nebraska
College of Law, April 10, 1987.
"McCleskey v. Kemp: A methodological critique," Law and Society Association.
Washington, D.C., June 12, 1987.
"Law and Statistics in Conflict: Reflections on McCleskey v. Kemp," University of Bristol
(March 4, 1988), University of Durham (March 16, 1988), Hebrew University (April I7,
1988), University of Reading (May 6, 1988), University of Oxford (May 27, 1988).
"Arbitrariness and Discrimination in the Imposition of the Death Penalty," Testimony
before Senate Judiciary Committee, Washington, D.C., October 2, 1989.
"Arbitrariness and Racial Discrimination in Post-Furman Death Sentencing: Implications
for the Racial Justice Act and Proposed Federal Death-Penalty Legislation," Testimony
before the Constitutional and Civil Rights Subcommittee, House Judiciary Committee,
Washington, D.C., May 3, 1990.
"The Proportionality Review of Death Sentence: New Jersey's Options," New Jersey Bar
Assembly, Headquarters, New Brunswick, New Jersey, April 23, 1992.
"Proponionality Review of Death Sentences: New Jersey's Options," Law and Society
Association, Philadelphia, May 24, 1992.
"Regulating the Quantum of Damages for Personal Injuries through Enhanced Additur-
Remittitur Review." Law and Society Association, Philadelphia, May 28, 1992.
"Proportionality Review of Death Sentences" & "Race Discrimination in the Use of the
Death Penalty," University of Michigan Law School, January 1993.
"Reflections on the Reinstatement of the Death Penalty in Iowa," Public Lecture, Coe
College, April 1993.
"Discretion and Disparity in the Administration of the Death Penalty" & "Racial and
Ethnic Bias in the Criminal Law: Some Trends and Prospects," AALS Workshop on
Criminal Law, Washington, D.C., October 29 & 30, 1993.
"Improving Judicial Oversight of Jury Damages Assessments: A Proposal for the
Comparative Additur/Remittitur Review of Awards for non-pecuniary harms and punitive
damages," Conference of Chief Justices, Williamsburg, Virginia, January 1993;
Department of Pediatrics, University of Iowa Medical School, February, 1993; Conference
on Civil Justice Reform, NYU Law School~ October 1993.
"Racial Discrimination in Capital Sentencing: Reflections on its lnevitability and the
Impossibility of its Prevention and Cure," Symposium on Racism in the Criminal Law,
Washington and Lee Law School, March 11, 1994.
"Racial Discrimination in Mortgage Lending," Department of Housing and Urban
Development, January 19, 1994.
"The Death Penalty Dialogue Between Law and Social Science," Keynote Address,
Symposium, Capital Jury Project, Indiana Law School, February 24, 1995.
"Reflections on the Failure to Reinstate the Death Penalty in Iowa" & "Claims of
Arbitrariness and Discrimination Under State Law; recent trends." Legal Defense Fund
Annual Conference on the Death Penalty, Airlie House~ Virginia, July 28 & 29, 1995.
"Statistical Approaches to Title VII Discrimination Claims" Defense Lawyers Association,
Des Moines, September 1995.
"The Marshall Hypothesis Revisited," University of Pittsburgh Law School, October 1995.
"When Symbols Clash, Reflections of Proportionality Review, Death Sentences,"
Luncheon speaker, Death Penalty Conference, Seton Hall Law School, Nov. 2, 1995.
"Law As Symbol: explaining the uses of the death penalty in America," DePaul Law
School, Chicago, January 1996: Northwestern Law School, March 1996.
"Post-McCleskey Discrimination Claims: Law, Proof and Possibilities," Plenary Session,
Legal Defense Fund Annual Conference on the Death Penalty, Georgetown University,
July 26, 1996.
"Preliminary Finding from the Pennsylvania Capital Charging and Sentencing Study" and
"Law As SymboL" American Criminology Society, November 1996.
"The Death Penalty and How It Might Affect the Iowa Practitionery Iowa Bar Association
Criminal Law Seminar, Des Moines, March 21, 1997.
"Race Discrimination and the Death Penalty: Recent Findings from Philadelphia" Plenary
Session, Legal Defense Fund Annual Conference on the Death Penalty, Airlie House,
Virginia, July 1997; Death Penalty Symposium; Cornell Law School March 1998;
American Society of Criminology, Washington D.C. November 1998.
"The Death Penalty for Iowa: What Would It Bringy testimony before the Iowa House
Judiciary Committee, March 1998.
"Race Discrimination and the Proportionality Review of Death Sentences," Yale Law
School, March 1998; St. John's Law School, March 1999.
"The Use of Peremptory Challenges in Capital Murder Trials: A Legal and Empirical
Analysis," Research Club, University of Iowa, December 17, 1999; Center for Socio-
Legal Studies, University of Iowa, January 2 I, 2000; "Race. Crime, and the Constitution
Symposium," University of Pennsylvania Law School, January 29, 2000; Law Dept.,
Erlangen University, Erlangen, Germany, July 18, 2000.
"Race Discrimination in the Administration of the Death Penalty," Senate Judiciary
Committee, Pennsylvania Legislature, Harrisburg, Pa., January 22, 2000; The Govemor's
Race and the Death Penalty Task Force, Tallahassee, Florida, March 30, 2000, ABA's Call
to Action: A Moratorium on Executions, ABA Conference~ Carlet Center, Atlanta,
Georgia, October 12, 2000.
"Reflections on the Use of Capital Punishment in Europe and the United States," Political
Science Dept., Erlangen University, Erlangen, Germany, July 17, 2000.
MISCELLANEOUS
Member: American Bar Association; American Law Institute; American Society of
Criminology; Law and Society Association.
Board of Editors: Evaluation Quarterly (1976-79); Law & Policy Quarterly (1978-79);
Law and Human Behavior (1984-); Psychology, Public Policy and Law (1994-).
Board of Trustees, Law and Society Association (1992-94).
Grant Recipient, N.S.F. Law and Social Science Program
1974-75--"Quantitative Proof of Discrimination."
Invited Participant, N.S.F. Sponsored Conference on the Use of Scientific Evidence in
Judicial Proceedings, November 1977.
Invited Participant, ABA--AAAS Conference on Cross Education of Lawyers and
Scientists, Airlie House, Virginia, May 1978.
Reporter, Roscoe Pound Am. Tr. Lawyers Foundation Conf. On Capital Punishment,
Harvard University, June 1980.
Grant Recipient, National Institute of Justice, 1980-8 I. "The Impact of Procedural Reform
on Capital Sentencing: the Georgia Experience."
Consultant, Delaware Supreme Court, April 1981 and South Dakota Supreme Court,
November 1981, on the proportionality review of death sentences.
Member, Special CommiH. ee of the Association of the Bar of New York on Empirical Data
in Legal Decision Making and the Judicial Management of Large Data Sets (1980-82).
Grant Recipient, NSF Law & Social Science Program. "A Longitudinal Study of
Homicide Case Processing" (1983).
Consultant, National Center for State Courts project on the proportionality review of death
sentences (1982-84).
Expert witness in McCleskey v. Kemp, 105 S.Ct. 1756 (1987), a capital case challenging
the constitutionality of Georgia's capital sentence process.
Recipient, Law and Society Association's Harry Kalven Prize for Distinguished
Scholarship in Law and Society (with G. Woodworth & C. Pulaski) for our capital
punishment research ( June 11, 1987).
Grant recipient, State Justice Institute, 1988-1992, "Judicial Management of Judicial
Awards for Noneconomic and Punitive Damages" (with Dr. J. MacQueen & J. GirtleO.
Special Master for Proportionality Review of Death Sentences for the New Jersey
Supreme Court: 1988-91.
Member, AALS Committee on Curriculum and Research (1994-97).
Recipient. "Michael J. Brody Award for Faculty Excellence in Service to the University of
Iowa", October 1996.
Recipient, "Award For Faculty Excellence," Board of Regents, State of Iowa, October I8,
2000.
Member, AAUP, Iowa Chapter (1969-D, Member, Executive Board (1992- ),
Member Committee A (1985-D
Iowa City
Police Citizens Review Board
Municipal Building
March 13, 2001
Police Traffic Stop Data
Iowa City, Iowa
8/1/99 - 4/10/2000
David C. Baldus
College of Law
Iowa City, Iowa