Cited by 44Policing Practices and PerceptionsCriminal Justice and Corrections AnalysisCriminal Law and Evidence

Race and Selective Enforcement in Public Housing

Open access
Fagan, Jeffrey, Davies, Garth, Carlis, Adam·2012·Journal of Empirical Legal Studies

Abstract

Drugs, crime, and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In N ew Y ork C ity, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case‐control design to identify the effects of living in one of N ew Y ork C ity's 330 public housing developments on the probability of stop, frisk, and arrest from 2004–2011. We find that the incidence rate ratio for trespass stops and arrests is more than two times greater in public housing than in the immediate surrounding neighborhoods. We decompose these effects using first differences models and find that the difference in percent black and Hispanic populations in public housing compared to the surrounding area predicts the disparity in trespass enforcement and enforcement of other criminal law violations. The pattern of racially selective enforcement suggests the potential for systemic violations of the F ourteenth A mendment's prohibition on racial discrimination.

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Crossref · 10.1111/j.1740-1461.2012.01272.x

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  • Fagan et al. (2012) estimated that NYPD stops, frisks, and arrests of Black and Hispanic NYCHA residents and their visitors were much higher in public housing settings relative to enforcement patterns in adjacent neighborhoods.

    “Fagan et al. (2012) estimated that NYPD stops, frisks, and arrests of Black and Hispanic NYCHA residents and their visitors were much higher in public housing settings relative to enforcement patterns in adjacent neighborhoods.”

    From Police reform in public housing contexts: Body‐worn cameras, surveillance, and harm reduction in New York City Housing Authority Developments (2024) · cites this paper as Fagan et al. (2012)

    The Abstract and § B, “Trespass Enforcement in Public Housing” (pages unavailable), report that trespass stops and arrests were more than twice as frequent in public housing as in immediately surrounding neighborhoods; the paper also links enforcement disparities to differences in Black and Hispanic population shares. The claim is broader than those findings: the cited comparisons do not establish higher frisk rates or higher rates of every kind of arrest specifically for Black and Hispanic residents and visitors. The “Extension to Total Enforcement” section reports higher total stops, but the paper notes that total-arrest results are less consistent and sometimes reverse. (LLM, conf=0.87)

    Experimental — accuracy not yet measured
  • Prior analyses documented patterns of racially selective enforcement that suggest systemic violations of the Fourteenth Amendment's prohibition on racial discrimination in public housing contexts.

    “This observation is particularly important for policing in public housing contexts as prior analyses documented patterns of racially selective enforcement that suggest systemic violations of the Fourteenth Amendment's prohibition on racial discrimination (Fagan et al., 2012).”

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Cites

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Research works printed but not linked: 22

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  6. Fagan, Jeffrey, & Garth Davies (1999) "Crime in Public Housing: Two Way Diffusion Effects," in V. Goldsmith et al. (eds.), Analyzing Crime Patterns: Frontiers of Practice. Thousand Oaks, CA: Sage Publications.
  7. Fagan, Jeffrey, Amanda Geller, Garth Davies, & Valerie West (2010) "Street Stops and Broken Windows Revisited: The Demography and Logic of Proactive Policing in a Safe and Changing City," in S. Rice & M. White (eds.), Race, Ethnicity, and Policing: New and Essential Rreadings. New York: New York University Press.
  8. Hilbe, Joseph M. (2007) Negative Binomial Regression. Cambridge: Cambridge Univ. Press.
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Authors
Fagan, J., Davies, G., & Carlis, A.
Affiliations
  • Columbia University (US)
  • Simon Fraser University (CA)
Corresponding author
Fagan, Jeffrey
Venue
Journal of Empirical Legal Studies
Publisher
Wiley
Published
2012-11-06
Volume
9
Issue
4
Pages
697-728
ISSN
  • 1740-1453 (ISSN-L)
  • 1740-1461
OpenAlex
W1932150760
Cited by
44
References
4
Citations by year
2026: 1 · 2025: 3 · 2024: 4 · 2023: 1 · 2022: 6 · 2021: 4 · 2020: 4 · 2019: 3 · 2018: 3 · 2017: 2 · 2016: 3 · 2015: 6 · 2014: 3 · 2013: 1
FWCI
20.32
Type
journal article
Language
en
Open access
Locations
  • Journal of Empirical Legal Studies (publishedVersion)
  • eYLS (Yale Law School) (submittedVersion)
  • bepress Legal Repository (submittedVersion)
  • Columbia Academic Commons (Columbia University)
Topics
  • Social Sciences › Political Science and International Relations › Policing Practices and Perceptions
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
  • Social Sciences › Law › Criminal Law and Evidence
Keywords
selective enforcement, public housing, stop and frisk, racial disparities in policing, drug enforcement, arrests, Fourteenth Amendment, racial discrimination, New York City, Black residents, Hispanic residents

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