Public Law

Public Law Journal: VOLUME 46, NUMBER 1, SPRING 2025

COMBATTING POLICE RACIAL PROFILING WHILE AVOIDING DE-POLICING

Written by John Appelbaum

Recently, in July 2023, New Jersey state troopers patrolling the state’s highways and rural roads began writing significantly less traffic tickets.1 The following month citations plummeted by 81% compared with the prior year.2 The situation has largely continued unabated to the present such that, according to the New York Times, its duration and scope "are unrivaled in modern policing, . . . ."3 The slowdown in enforcement can be tied to the release of a report finding a "large and persistent disparity" in stopping motorists and in conducting vehicle searches, applying force and in making arrests based upon race and ethnicity.4 Some officers and their unions felt that enforcement, which had already been subject to a consent decree, left officers vulnerable to unfair criticism justifying their actions.5 Not uncoincidentally, New Jersey has experienced an 18-27% spike in crashes.6

De-policing, frequently referred to as the "Furgeson effect," came to national attention after a police shooting of an unarmed Black man in Ferguson, Missouri touched off protests and riots making police reluctant to enforce the law.7 New Jersey is not alone in experiencing this phenomenon. A 2017 national survey of police officers conducted by the Pew Research Center found that 72% of officers have become less willing to stop and question people they think are suspicious.8 Overall, 86% say police work is harder today as a result of high-profile incidents.9 Moreover, recent US Department of Justice statistics indicate that police-initiated contacts have fallen substantially in recent years (down 23%).10 Multiple studies have shown that officers retreat from proactive police work due to perceived scrutiny and risk.11

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