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On March 1, the ACLU of New Jersey held a press conference to call on Governor Whitman to promote real reforms in the New Jersey State Police. The ACLU also announced a class action lawsuit to end “racial profiling” by the State Police.
Racial profiling is the police practice of targeting minority motorists for traffic stops in hopes of finding contraband during the course of the stop. Statistical studies in New Jersey and around the country demonstrate that police stop minorities at rates much greater than white motorists. When police officers exercise their wide powers of discretion to stop people in a racially discriminatory manner, they violate the Constitution and destroy public confidence in policing.
The day before the ACLU press conference, the Governor had fired New Jersey State Police Colonel Carl Williams for comments he made to the Star-Ledger. The superintendent characterized minority groups as being largely responsible for drug trafficking —an allegation which, besides being racist, is patently false according to statistical information.
The ACLU-NJ takes no position on Williams' dismissal. However, it is clear that he was fired for being too honest about perceptions (and behavior) that are widespread in the police force he headed. As ACLU cooperating attorney William Buckman stated at the press conference, “The disappointing aspect about this whole thing is that the Governor and Attorney General have known about this problem for at least a decade.” Buckman was co-counsel in <cite>State v. Soto</cite>, in which the court held that a state-condoned policy of racial profiling was in operation on the New Jersey Turnpike.
With cooperating attorneys Lori Borgen, William Buckman, Larry Lustberg, and Neil Mullin the ACLU has launched a class action law suit to put an end to racial profiling. Those who believe they were victims of racial profiling on the New Jersey Turnpike are encouraged to contact the ACLU at (973) 642-2084.
The ACLU-NJ supports legislation by state Senator Codey that would require New Jersey State Police officers to record simple information about every stop they make. The compiled data on the race or ethnicity of the person stopped, the reason for stopping them, and the result of the stop (among other things) should be made available to elected officials and watchdog groups, such as the ACLU- NJ.
However, even this legislation is not enough. A fair police force must have built-in mechanisms of accountability. One such mechanism, the Early Warning System (EWS), has been put in place in Pittsburgh after years of work and a lawsuit by the ACLU-PA. The EWS tracks various indicators that individual officers might need closer supervision, retraining, referral to psychiatric counseling, or reassignment. When officers cross certain thresholds—like an abnormally high number of shootings of suspects—the EWS “red flags” that officer to his supervisors.
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