The following is forwarded from NGLTF on America Online: =========================================================================== DEALING WITH THE CRIMINAL JUSTICE SYSTEM DRAFT--2.14.92 WORKING WITH POLICE Historically, relations between the police and the gay and lesbian community have been hostile. This tension was dramatically underscored in 1969, when patrons of the Stonewall--a New York City gay bar--rioted during a police raid, sparking the modern gay rights movement. To this day, many police still regard homosexuals as deviants, criminals and second-class citizens who are unworthy of protection. Fearful of hostility and discrimination, many gay and lesbian crime victims decline to report to the police or to cooperate with investigations. While the negative attitudes and stereotypes persist, in some communities police and the gay and lesbian community are finding that communication and mutual respect are in the best interests of all concerned. Where serious efforts have been made to communicate and cooperate, there is greater reporting by lesbian and gay crime victims, fewer complaints of police abuse, and a general improvement in police/gay relations. What are some of the measures that can be taken to improve police/gay relations and make life safer for lesbians and gay men? Listed below are some measures that local gay and lesbian groups can seek to achieve these goals. 1) Advocate for regular communication. The key to good relations between the police and the lesbian and gay community is regular, institutionalized communication--at the department and precinct levels, in committees and councils, and in public forums. o Task Forces and Councils. One way to institutionalize contact between police and the gay and lesbian community is through the establishment of task forces or participation in police/community councils. In Seattle, for example, gays and the police formed a task force that has worked on a variety of projects of mutual concern, including a safety brochure for gay and lesbian people. In New York City, the police chief convenes bi- monthly meetings of the Mayor's Police Council, which is composed of members of the gay community and the police department. At the meetings, complaints are addressed, as are police policies which affect gay and lesbian New Yorkers. In precincts with significant gay populations, dialogues involving gay people and officers have also taken place on a regular basis. Participants report that the dialogues have helped to transform blame and prejudice into respect and tolerance. o Public forums. Public forums allow police officials to meet the gay and lesbian community and help them to recognize that gays are a constituency with legitimate needs and concerns. In Alexandria (VA), Seattle, Boston, Fort Lauderdale, Cleveland, and other cities, local police have participated in forums sponsored by gay and lesbian organizations on such issues as safety and crime prevention, police procedures and policies, and anti-gay violence. Because forums are open and usually covered by the news media, they also are a good way of getting representatives of the police department to go on the record on gay and lesbian issues. o Police liaisons. Ask your chief of police to appoint an official liaison to respond to complaints and requests for assistance from the gay, lesbian, bisexual or transvestite and transgendered communities, and to advise the Chief of Police on department policies affecting those groups. Such liaisons have been appointed in Boston, Chicago, Los Angeles, San Francisco, Washington, D.C., and elsewhere, and have helped local gay people feel the police are more accessible to them. In Washington, D.C. police liaisons have been appointed in all of the city's seven districts. Increased contact can occur in informal ways: In San Francisco, for example, members of the sheriff's department and the gay community compete in an annual football game. In Madison, WI the local chief of police donated a stuffed animal (a pig) to a fundraising auction sponsored by a local gay organization. 2) Advocate for a response to anti-gay violence and other hate crimes Numerous studies have established that anti-gay violence and other hate crimes is alarmingly widespread. (See NGLTF's Bibliography on Violence Against Lesbians and Gay Men.) To effectively counteract such violence, encourage your police department to take action, including the following measures: o Adopt model procedures and training on how to recognize and competently respond to bias crimes; o Train officers on how to investigate hate crimes and deal sensitively with victims; o Track incidents that appear to be motivated by bigotry, review incidents to assess potential for further violence, and report findings to the community on a periodic basis; o Coordinate police department and community organization activities to prevent and respond to outbreaks of hate crimes; o Adopt interviewing procedures for victims of anti-gay violence and other hate crimes similar to those followed for rape victims, and referral of victims to appropriate community support groups; o Deploy necessary police resources, including decoy teams, to areas where reports indicate a pattern of anti-gay violence or other hate crimes. In communities where hate crimes are particularly serious or frequent, units should be established to prevent, investigate and respond to such incidents. Such units have been established in several U.S. cities and counties. (See "Model Programs for Police Response to Hate Crimes" on page 9.) To obtain model policies, protocols and training materials on responding to hate crimes, contact the organizations listed in the "Law Enforcement Resources" sheet on page 7. 3) Advocate for gay and lesbian awareness training for police officers Police officers should receive training to help them understand and work with all the minority communities they serve, including gay, lesbian, bisexual, transvestite and transgendered people. Gay and lesbian awareness training programs have already helped to sensitize police in cities from Washington, D.C. to Long Beach, California. When advocating for training programs, aim to reach veteran officers as well as new recruits. Otherwise, it is likely that increased awareness and sensitivity among recruits will be quickly unlearned as they interact with veteran officers who don't have exposure to such training. In addition, try to make sure that both academy and in-service training programs are mandatory for all officers. If training is optional, those who need this information most are least likely to seek it out. Law enforcement training specialists assert that human relations training is most effective when it is practical rather than theoretical. Having officers roleplay actual situations and then leading a discussion of constructive response strategies is one way to make officers feel that the training applies to the "real world." These situations may include dealing with victims of anti-gay violence, domestic disputes among gay couples, or dealing with the lovers or family members of gay crime victims. In some communities, police also visit grassroots lesbian and gay institutions as part of their training. Whenever possible, try to include police officers in the training team. At a minimum, a ranking officer should introduce the trainers. Because police tend to resent civilians who tell them how to do their jobs, it helps if a peer or a senior officer is involved in the instruction. The presence and involvement of police officers also sends a message that the department takes this training seriously. In addition, it discourages rude or disruptive behavior. Across the country, there have been increased reports of police officers refusing to deal with requests for assistance from gay men because of fear of AIDS. These fears can only be addressed through education. In some U.S. cities that is beginning to take place: in Washington, D.C., all department personnel were sent brochures about AIDS; they were also issued a memorandum citing department regulations prohibiting discrimination in the provision of services to people known or perceived to have AIDS. Training guidelines are now being developed by the department to deal with situations that may involve actual risk of transmission. In San Francisco, police officers also receive AIDS awareness training, and the department has produced a film on the topic. 4) Advocate for an end to discrimination based on sexual orientation within the police department A key to good relations between police and the gay community is the inclusion of openly gay and lesbian people on the force. If your police department does not ban discrimination based on sexual orientation, advocate for such a policy along with the active recruitment of openly gay and lesbian people to the police force. In New York City, Washington, D.C., San Francisco, and a growing number of communities, openly gay and lesbian people serve on police forces with pride and distinction. In some locales, however, efforts to ban anti-gay discrimination encounter fierce resistance. To this day, many police departments refuse to hire officers who are openly lesbian or gay, arguing that a gay presence on the force would destroy internal morale and public confidence. In states where sodomy is illegal, such laws are used as an excuse to deny employment to homosexuals. The arguments against hiring gay law enforcement personnel echo those that have been used to justify discrimination against women and racial minorities, and are just as inaccurate and unfair. One of the strongest arguments for an end to anti-gay discrimination is the payoff in terms of police/gay relations. When police departments reflect the diversity of the communities they serve, they are better able to meet the needs of that community. The presence of openly lesbian and gay officers in law enforcement agencies helps to break down prejudices and stereotypes, and consequently reduces tensions between the police and the gay community. If your police departments agrees to prohibit discrimination on the basis of sexual orientation, or is required to do so by local law, urge that the policy be clearly stated in all recruitment literature. Ask the department to place recruitment notices in gay publications and post them in gay community institutions. Encourage the department to recruit at gay and lesbian events. In Los Angeles, San Francisco, and Washington, D.C., for example, police have set up recruitment booths at gay pride events. Finally, review the screening and hiring process to ensure that it is fair to lesbian and gay applicants. The use of psychological tests that are biased against gays (e.g., the Minnesota Multiphasic Personality Test) is inappropriate and should be prohibited. 5) Advocate for a vigorous response to police abuse complaints In many communities police abuse against gays and other minorities is a systemic problem that requires a systemic response. Because most departments seldom do an adequate job of policing themselves, it is usually necessary for concerned community groups to join together in coalition to advocate for policies and practices that ensure some measure of accountability. At a minimum, you and your allies may want to recommend that local government and police take the following measures: o Establish civilian oversight of police practices, including a citizen complaint board that reviews and adjudicates allegations of police abuse. Such a board should reflect the diversity of the community and receive adequate staff and funding so that cases are promptly reviewed. o Establish clear, tested, and humane guidelines for the appropriate use of force, including deadly force. o Initiate a training program for recruits and veteran officers to sensitize them to working with lesbians and gay men and other minorities. Such training should emphasize that racist, sexist, anti-gay or other biased behavior will not be tolerated. o When biased or abusive behavior is alleged to have occurred, a thorough investigation should be conducted and the complainant should be advised of its outcome. o When abuse complaints are substantiated by the investigation, the offending officer(s) should be appropriately disciplined. Any officer who repeatedly engages in abusive behavior should be dismissed. 6) Advocate for an end to the practice of sexual entrapment In many areas of the country, plainclothes police officers try to lure gay men into illegal sexual activity for the purpose of arrest. Although police often tolerate heterosexual behavior in "lovers' lanes," they often target gay male cruising areas, such as parks, rest stops, and other public places. Entrapment is an ineffective and inhumane practice that destroys lives, careers and families of those who are arrested, and does little to stem such activity. Police departments that engage in entrapment may do so simply to harass homosexuals, to boost arrest statistics, or to respond to citizen complaints about public sex in a particular area. If entrapment is a problem in your community, and police cannot be persuaded to spend their resources to combat more serious types of crime, urge that they adopt alternative strategies for dealing with sex in public places. These may include the posting of signs, assigning uniformed police officers to problem areas, warning rather than arresting those who engage in sex in public areas, and similar measures. Such an approach worked in Seattle, where local citizens complained to police about men having sex in park restroom. Rather than resort to entrapment, the police approached the gay groups for help. Police and gays developed a strategy that included the repeated posting of signs urging patrons to avoid arrest by leaving the facility for its intended use. According to the Seattle Police Department, the level of sexual activity in the bathroom declined dramatically. COUNTERING HATE, PROMOTING RESPECT: RESOURCES FOR LAW ENFORCEMENT AND COMMUNITY GROUPS National Gay & Lesbian Task Force Policy Institute (NGLTF), Anti- Violence Project, 1734 14th St. NW, Washington, DC 20009-4309; 202/332-6483. NGLTF's Anti-Violence Project monitors anti-gay episodes and provides technical assistance to groups organizing against hate crimes. Resources include its annual report on anti-gay violence and information packets on documenting violence, working with law enforcement, and similar issues. Federal Bureau of Investigation, Uniform Crime Reports Section (UCR), Ninth St & Pennsylvania Ave. NW, Washington, DC 20535; 202/324-2614. The FBI's UCR Section is responsible for implementation of the federal Hate Crime Statistics Act. Resources include hate crime training manuals and seminars for law enforcement agencies. Anti-Defamation League (ADL), 823 United Nations Plaza, New York, NY 10017; 212/490-2525. ADL monitors attacks against the Jewish community and organized hate group activity. ADL resources on hate crimes include its annual audit of anti-Semitic incidents, a police training video, model policies and procedures for law enforcement, and a video on campus bigotry. Center for Democratic Renewal (CDR), P.O. Box 50469, Atlanta, GA 30302; 404/221-0025. CDR monitors organized hate groups and assists communities in organizing against hate group activity. Resources include a weekly newsletter on hate group activity and materials on hate groups and ways to counter them. Gay Officers Action League (GOAL), P.O. Box 2038, Canal Street Station, New York, NY 10013; 212/529-4625. GOAL is a New York City-based association of lesbians and gay men who work in law enforcement. Gay Men and Lesbians Opposing Violence (GLOV), P.O. Box 34622, Washington, D.C., 20005; 202/452-7448. GLOV has written a gay and lesbian awareness training curriculum for police recruits. Human Rights Resource Center (HRRC), 615 B Street, San Rafael, CA 94901; 415/453-0404. HRRC serves as an information clearinghouse for law enforcement and community groups. Resources for police include training and policy information on hate crimes, AIDS, and gay and minority issues. International Association of Chiefs of Police (IACP), 1110 North Glebe Road, Arlington, VA 22201; 703/243-6500. IACP has developed a model training key on dealing with hate violence. National Institute Against Prejudice and Violence (NIAPV), 31 S. Greene St, Baltimore MD 21201; 301/328-5170. NIAPV researches and distributes information on responding to hate crimes. Resources include guidelines for academic institutions on responding to prejudice and violence. National Organization of Black Law Enforcement Executives (NOBLE), 908 Pennsylvania Avenue, SE, Washington, D.C. 20003; 202/546-8811. NOBLE resources includes a police training video on hate crimes as well as training and technical assistance materials. New York City Gay and Lesbian Anti-Violence Project (AVP), 208 West 13th Street, New York, NY 10011; 212/807-6761. The AVP has prepared a training curriculum for police on dealing with anti-gay crimes and lesbian and gay victims. Police Executive Research Forum (PERF), 2300 M St, Washington, DC 20037; 202/466-7820. PERF provides referrals and information on hate crimes to law enforcement agencies. PERF also conducts training on hate crime issues at its conferences. Southern Poverty Law Center, Klanwatch Project, 400 Washington Avenue, Montgomery AL 36104; 205/264-0286. The Southern Poverty Law Center documents bigoted crimes and monitors hate group activity. Resources include a periodic newsletter for law enforcement on responding to hate crimes. New York City Police Department (NYPD), Liaison for Gay and Lesbian Affairs, Room 200, 1 Police Plaza, York, NY 10038; 212/374-5370. NYPD resources include a police training video on responding to anti-gay crimes, gay awareness training materials, and hate violence policies and procedures. Connecticut State Police, Department of Public Safety, 294 Colony Street, Meridian, CT 06450; 203/238-6575. Resources include a training manual on hate crimes, available through the Research and Planning Office. MODEL PROGRAMS FOR POLICE RESPONSE TO HATE CRIMES BALTIMORE COUNTY (MD) Police Department Police/Community Relations Contact: Captain Bernie Gerst 400 Kenilworth Drive Towson, MD 21204 410/887-2353 BOSTON (MA) Boston Police Department Community Disorder Unit Contact: Sergeant Detective William Johnston 154 Berkeley Street Boston, MA 02116 617/247-4527 BROWARD COUNTY (FL) Broward County Sheriff's Office Strategic Investigations Unit Contact: Commander Phil Lindsley 3332 S.W. 2nd Avenue Ft. Lauderdale, FL 33315 305/728-2745 NEW YORK CITY (NY) New York City Police Department Bias Incident Investigation Unit Contact: Inspector William Wallace 1 Police Plaza New York, NY 10038 212/374-5267 SAN FRANCISCO (CA) San Francisco Police Department Hate Crime Investigations Unit Contact: Sergeant Inspector Louis Ligouri Hall of Justice 850 Bryant Street San Francisco, CA 94103 415/553-1133 MARYLAND Maryland State Police Criminal Intelligence Division Contact: Captain John Cook Pikesville, MD 21208-3899 410/290-0780 OREGON Portland Police Department Bias Crime Unit Contact: Detective Shirley Zahler 1111 S.W. Second Avenue Portland, OR 97204 503/796-3466 WORKING WITH PROSECUTORS There are many documented cases in which the criminal justice system failed to vigorously prosecute and punish anti-gay crimes. When victims are known to be lesbian or gay, some prosecutors have dropped charges against defendants or accepted lenient plea bargains. Even when prosecutors are caring and competent, convictions in anti-gay violence cases are often harder to obtain. As with victims of rape, gay and lesbian victims and witnesses sometimes face intrusive and irrelevant questions about their sex lives by defense attorneys. Such questioning is usually intended to place blame on the victim for an attack and to stir up anti-gay sentiment among jurors. Many of the obstacles facing the successful prosecution of anti- gay violence cases can be overcome if community groups advocate for action. District attorneys and prosecutors can be urged to take the following measures: (1) Designate an official liaison to the gay and lesbian community and establish other forms of institutional communication. (2) Adopt standard procedures for prosecuting hate crime cases. (3) Establish a specialized hate crime or civil rights unit (similar to rape prosecution units that exist in many offices). (4) Issue periodic reports on arrests, prosecutions, and dispositions of hate crime cases. (5) Train staff attorneys and advocates on prosecuting hate crimes, countering the "homosexual panic defense," and working with gay and other minority victims. (6) Adopt an employment policy that prohibits discrimination based on sexual orientation and actively recruit openly gay and lesbian people to apply for staff positions. (7) Hire an advocate/liaison who is specially trained to work with victims of hate violence and their communities. MODEL PROSECUTOR-BASED HATE CRIME UNITS SAN FRANCISCO San Francisco District Attorney's Office Hate Crimes Unit David Moon, Assistant District Attorney Hall of Justice 850 Bryant Street San Francisco, CA 94103 415/552-6400 SUFFOLK COUNTY Suffolk County District Attorney's Office Civil Rights Unit New Courthouse Pemberton Square Boston, MA 02108 617/725-8600 PROSECUTOR-BASED VICTIM ADVOCATES WHO WORK WITH GAY AND LESBIAN VICTIMS BROOKLYN (NY) King's County District Attorney's Office Contact: Elizabeth Garro Special Assistant for Civil Rights 216 Joralemon Street Brooklyn, NY 11201 718/802-2328 COOK COUNTY (IL) Lesbian and Gay Victim/Witness Liaison Contact: Marc Loveless Office of Cook County State's Attorney 2650 South California Chicago, IL 60608 312/890-7212 MANHATTAN COUNTY (NY) Liaison to the Gay and Lesbian Community Contact: Katie Doran Office of the District Attorney 1 Hogan Place, Room 824 New York, NY 10013 212/335-9291 QUEENS COUNTY (NY) Special Victims Bureau Contact: Willas Miler 125-01 Queens Boulevard Kew Gardens, NY 11415 718/520-5708