{"id":239,"date":"2018-04-25T13:54:00","date_gmt":"2018-04-25T17:54:00","guid":{"rendered":"https:\/\/sites.temple.edu\/pcrs\/?p=239"},"modified":"2018-04-25T13:54:59","modified_gmt":"2018-04-25T17:54:59","slug":"focused-deterrence-an-alternative-justice-system-in-south-philadelphia","status":"publish","type":"post","link":"https:\/\/sites.temple.edu\/pcrs\/2018\/04\/25\/focused-deterrence-an-alternative-justice-system-in-south-philadelphia\/","title":{"rendered":"Focused Deterrence: An Alternative Justice System in South Philadelphia"},"content":{"rendered":"

Focused Deterrence: An Alternative Justice System in South Philadelphia<\/u><\/strong><\/p>\n

Written by: Meredith Manchester, ’18<\/em><\/p>\n

What initially sounded like an effective tactic in combatting gang violence is, in practice, impacting the lives of several innocent young men via mere “guilty by association” charges.\u00a0Read on to learn more about Philadelphia’s Focused Deterrence Program and the personal stories of Nashon Smalls and A.B.
\n<\/p>\n

When asked how he felt after the judge ordered him not to attend graduation, Nashon Smalls[1]<\/a> reasoned, \u201c[i]f somebody didn\u2019t let her <\/em>[the judge\u2019s] son go to his graduation because of something somebody else<\/em> did, she would be sick.<\/em>\u201d[2]<\/a> Her<\/em> son, however, was not a young black man living in South Philadelphia, would never become a target of Philadelphia\u2019s Focused Deterrence (FD) program, and would therefore never be subjected to what the Philadelphia District Attorney\u2019s Office has deemed as its \u201cown set of rules and regulations,\u201d where Nashon is \u201cguilty by association.\u201d[3]<\/a><\/p>\n

FD, a violence-reduction strategy implemented mainly in South Philadelphia, is based on the national model outlined in the National Network for Safe Communities\u2019 (NNSC) implementation guide, and on David Kennedy\u2019s book, Don\u2019t Shoot: One Man, A Street Fellowship, and The End of Violence in Inner-City America<\/em>.[4]<\/a> Such programs have been implemented in over fifty cities across the country, promising tough law enforcement as well as social services to those interested.[5]<\/a> The foundational principle is that in order to combat violent crime in urban areas, law enforcement\u2014meaning prosecutors and police departments\u2014should address groups rather than individuals, as most violence is group-related.[6]<\/a><\/p>\n

While a recent news article has cited FD\u2019s lack of social services as its fatal flaw,[7]<\/a> the problems go much deeper. For starters, the model itself tramples on the Right of Association protected by the First Amendment.[8]<\/a> Per FD\u2019s model, which includes enforcement action, if Nashon is involved in a shooting, all<\/em> of Nashon\u2019s fellow gang members receive sanctions, formally known as an enforcement action[9]<\/sup><\/a>. These sanctions include increased police surveillance, revocation of probation, high bail, and aggravated sentences on any open cases, regardless of whether the individual participated in the alleged gang.[10]<\/a><\/p>\n

For instance, A.B. was a senior in high school, maintained good grades, and had a scholarship to a four-year accredited university.[11]<\/a> His mom had recently been incarcerated, and he was presumably acting out by smoking pot, jumping a turnstile, and skipping school, each of which constituted a violation of his probation.[12]<\/a> Although the prosecutor admitted that these were not considered major violations, he requested that the client be put in juvenile detention rather than being permitted to complete his senior year of high school, his alleged gang was the target of an enforcement action.[13]<\/a> The Commonwealth then called Officer Matthew York, a member of the South Gang Task Force, to testify regarding the defendant\u2019s gang affiliation and the activities of other gang members.[14]<\/a> Even though the Commonwealth did not allege that A.B. had anything to do with the underlying shooting that triggered the enforcement action, FD protocol required that, since he was determined to be a member of the group responsible for the shooting, he be punished for it.[15]<\/a><\/p>\n

FD\u2019s policy is to issue sanctions to individuals for simply belonging to a group, or \u201cmere membership\u201d of a group, as opposed to criminal involvement in a group. Punishing mere membership has been forbidden when applied to Communists,[16]<\/a> Klansmen,[17]<\/a> and Nazis,[18]<\/a> and should likewise be forbidden when applied to \u201cHBlock,\u201d \u201cWilson Park,\u201d and other alleged gangs in South Philadelphia.[19]<\/a> However, the most devastating aspect of FD\u2014the flaw that proved fatal for Nashon\u2014is the power it gives to two institutions that have proven in desperate need of accountability: the Philadelphia Police Department[20]<\/a> and the District Attorney\u2019s Office.[21]<\/a><\/p>\n

FD created the South Gang Task Force (SGTF) to map out gang territories and keep a list of, according to Officer York, 1500\u20132000[22]<\/a> primarily black men,[23]<\/a> whom they have identified as gang members. There are not specific criteria that must be met before someone is put on the list,[24]<\/a> and, according to former social services director Reuben Jones, FD rejected his proposal to implement a \u201cstep-down\u201d procedure whereby people could earn their way off of the list.[25]<\/a> Jones said he worked with several clients who did everything asked of them for three to four years\u2014deactivated their social media sites, engaged in social services, and stayed out of trouble\u2014yet remained targets of FD law enforcement.[26]<\/a><\/p>\n

As such, whereas the PPD has made only modest improvements towards complying with a six-year-old mandate to stop its racially charged stop and frisk practices,[27]<\/a> FD has given officers new labels with which to articulate their suspicion. In South Philadelphia, a black man in a high crime neighborhood can now be branded a potential gang member in gang territory. For example, a recent police report read: \u201cAt this time police [were] travelling . . . in a gang infested area . . . Police observed a male operating a bicycle on the sidewalk and stopped the male for investigation.\u201d[28]<\/a><\/p>\n

If someone\u2019s name is already on the list, the harassment is worse. Officer York stopped S.B. 89 times in just three years, or once every other week.[29]<\/a> Although Officer York only had reason to arrest him after the 89th stop, he used these encounters as proof that S.B. was, similar to Nashon, a dangerous gang member.[30]<\/a><\/p>\n

Moreover, because of the PPD\u2019s use of \u201clink analysis\u201d\u2014using databases to check for possible connections to victims\u2014individuals listed as gang members may automatically become persons of interest for crimes suspected to be gang-related.[31]<\/a> For instance, one defense attorney relayed that his client, another young \u201cgang member,\u201d<\/p>\n

is really starting to feel overwhelmed by the police presence in his life. It was sad\u2014he\u2019s a very low-key\/unemotional guy, and he was tearing up talking about how scared he is of the police right now. He says he feels like he\u2019s being harassed . . . \u00a0and that the police were hounding him about some shootings that have taken place in the area lately.[32]<\/a><\/p>\n

 <\/p>\n

There is also evidence that the supporting intelligence is deeply flawed. One detective indicated that a substantial amount of the SGTF\u2019s information may not be traceable to specific sources,[33]<\/a> police officers not part of the SGTF have offered \u201ccounter-intelligence,\u201d[34]<\/a> and some of the information presented by FD has been internally contradictory. The same hand sign, for example, has been used to identify members of two different gangs.[35]<\/a><\/p>\n

This invasive policing and dubious intelligence have been compounded by prosecutorial indiscretion. FD dragged Nashon through their alternate justice system for nearly fourteen months.[36]<\/a> Nashon was initially arrested after police raided his house, looking for evidence from a recent gang-related shooting.[37]<\/a> The police never found what they were looking for, but the DA\u2019s Office subsequently charged Nashon with two sets of unrelated crimes, neither of which would ever make it to trial due to lack of evidentiary support.[38]<\/a><\/p>\n

Although Nashon had no criminal record, prosecutors continually battled to keep him incarcerated before trial. They filed motions to revoke bail and house arrest several times based on alleged gang-related incidents that Nashon was not even purported to be responsible for.[39]<\/a><\/p>\n

Administrators from Nashon\u2019s school, his basketball coach, and his culinary teacher all vouched for his good character and contributions to the community.[40]<\/a> But, according to Officer York\u2019s testimony at Nashon\u2019s first bail hearing, this teenager<\/em> was not just a current gang member, but a gang member for life.<\/em>[41]<\/a> While Officer York initially testified that he largely based his opinion regarding Nashon\u2019s gang membership on \u201cyears worth of intelligence-gathering from numerous sources: ATF, FBI, criminal intelligence, juvenile probation . . . talking to teachers and counselors at the schools,\u201d[42]<\/a> he later conceded that \u201cI don\u2019t gather information from the community, and quite frankly, I don\u2019t care what other people\u2019s opinions are. We look at what they put on social media.\u201d[43]<\/a><\/p>\n

Before Nashon\u2019s last charge was dismissed, the prosecutor strongly urged the court to consider the evidence presented, not in the context of the law, but in the larger context of the dangerous gang member the SGTF had determined Nashon to be.[44]<\/a> The presiding judge, however, decided to stick to the law.[45]<\/a> Determining that the admissible evidence did not come close to meeting the legal standard for trial, the judge did not even give the defense attorney time to argue her position before ruling in Nashon\u2019s favor.[46]<\/a><\/p>\n

Ironically, FD deprived Nashon of the very opportunities that the program is purported to encourage and provide. As he alternated between jail and house arrest, Nashon was robbed of all the aspirations he had for his senior year: playing basketball for recruiters, finishing his certification in culinary arts, maintaining employment, and attending graduation.[47]<\/a> Moreover, as a condition of his house arrest, the judge ordered Nashon to move out of South Philadelphia, wiping out his mother\u2019s savings.[48]<\/a> Without ever having to convict him of a crime, FD derailed Nashon from the trajectory they are supposed to be pushing people towards. No amount of additional funding for social services would have saved him.<\/p>\n

FD is far from the \u201credemption and hope\u201d[49]<\/a> it was promised to be. It is simply one big enforcement action, using predatory policing and over-zealous prosecution to harass and incarcerate poor men of color with no evidence that it actually reduces gang related violence.[50]<\/a> David Kennedy, the criminologist who developed the FD model, claims that legitimacy in the criminal justice system is the means by which we can create sustainable reductions in crime.[51]<\/a> This legitimacy will never be realized when black men are being found guilty by their associations, while law enforcement continues to find immunity in theirs. Such a disparity should, as Nashon said, make us sick<\/em>.[52]<\/a><\/p>\n

[1]<\/a> The author changed this individual\u2019s name to maintain confidentiality.<\/p>\n

[2]<\/a> This author has had sustained contact with Nashon from January, 2017, to present. Whereas the specific date of each conversation has not been recorded, any information gathered from such conversations will simply be noted as follows: Conversations with N.S., Target of Focused Deterrence (Ongoing) [hereinafter Conversations with N.S.] (emphasis added).<\/p>\n

[3]<\/a> Transcript of S.P. Sentencing Hearing at 39, Commonwealth v. S.P., (June 18, 2015) (51CR00153692013).<\/p>\n

[4]<\/a> Transcript of Y.B. Sentencing Hearing at 22\u201323, Commonwealth v. Y.B., (Jul 8, 2016) (51CR00059782014) [hereinafter Y.B.]; see also<\/em> National Network For Safe Communities, Group Violence Intervention: An Implementation Guide IX (2015) [hereinafter NNSC]; David M. Kennedy, Don\u2019t Shoot: One Man, A Street Fellowship, and the End of Violence in Inner-City America (2011).<\/p>\n

[5]<\/a> NNSC, supra<\/em> note 4, at 111.<\/p>\n

[6]<\/a> Id.<\/em> at 3.<\/p>\n

[7]<\/a> Maura Ewing, Philly\u2019s Gang Violence Strategy Doesn\u2019t Work. Here\u2019s Why<\/em>, Injustice Today (Dec. 21, 2017), https:\/\/injusticetoday.com\/former-lead-social-worker-says-philly-violence-reduction-strategy-fails-to-deliver-on-promises-a2b8a95df8af.<\/p>\n

[8]<\/a> Roberts v. U.S. Jaycees, 468 U.S. 609, 612 (1984).<\/p>\n

[9]<\/a> NNSC, supra<\/em> note 4, at 36 (\u201cEnforcement actions . . . seek to apply legal sanctions, informal sanctions, or uncomfortable attention to as many of that person\u2019s group associates as possible. This shows group members that they will be held collectively accountable for violence committed by a fellow member.\u201d).<\/p>\n

[10]<\/a> Caterina G. Roman et al., Philadelphia Focused Deterrence: findings From the Impact Evaluation 1 (2017).<\/p>\n

[11]<\/a>Transcript of A.B. Revocation of Probation at 3-6, Commonwealth v. A.B., (March 3, 2014) (51JV00048142012).<\/p>\n

[12]<\/a> Id. <\/em>at 3\u20134.<\/p>\n

[13]<\/a> Id<\/em>. at 4.<\/p>\n

[14]<\/a> Id. <\/em>at 5\u201318.<\/p>\n

[15]<\/a> See id. <\/em>at 4.<\/p>\n

[16]<\/a> Yates v. United States, 354 U.S. 298 (1957).<\/p>\n

[17]<\/a> Brandenburg v. Ohio, 395 U.S. 444 (1969).<\/p>\n

[18]<\/a> Collin v. Smith, 578 F.2d 1197, (7th Cir. 1978).<\/p>\n

[19]<\/a> Although the cases cited in footnotes 16-18 address freedom of expression, the cases implicitly protect the right of association. In Com.<\/em> v. Abu-Jamal<\/em>, 521 Pa. 188, 214\u201315, (1989), the Pennsylvania Supreme Court listed several cases decided by the United States Supreme Court, \u201coverturning convictions based on statutes criminalizing either the mere expression of views or membership in, or association with, a group advocating or employing illegal conduct such as violence without proof of the individual defendant’s participation in any illegal act.\u201d Brandenburg v. Ohio<\/em>, 89 S.Ct. 1827, (1969); Noto v. United States<\/em>, 81 S.Ct. 1517, (1961); Scales v. United States<\/em>, 81 S.Ct. 1469 (1961); Yates v. United States<\/em>, 77 S.Ct. 1064, (1957).<\/p>\n

[20]<\/a> See e.g.<\/em> In January 2017 the City of Philadelphia settled a lawsuit with Phillippe Holland, a black college student who was simply delivering a cheeseburger, for $4.4 million after two police officers fired 14 bullets into his vehicle. After a short suspension, the two officers returned to street duty. Holland, on the other hand, still has bullet fragments in his brain and a permanent seizure disorder. Mensah M. Dean. Amid Questions, Officers Cleared of Shooting Innocent Deliveryman<\/em>, The Inquirer: Daily News (Apr. 24, 2017), http:\/\/www.philly.com\/philly\/news\/pennsylvania\/philadelphia\/Officers-cleared-of-shooting-philippe-holland.html.<\/p>\n

[21]<\/a> See e.g.<\/em> The last elected district attorney, Seth Williams, was indicted on \u201c29 counts of bribery, fraud, and honest services fraud,\u201d eventually pleading guilty to one count of bribery. Jeremy Roebuck. Philly DA Seth Williams Pleads Guilty, Goes to Prison<\/em>, The Inquirer: Daily News (June 19, 2017), http:\/\/www.philly.com\/philly\/news\/crime\/philly-da-seth-williams-xxxxxxxx-20170629.html.<\/p>\n

[22]<\/a> Y.B., supra <\/em>note 4, at 29.<\/p>\n

[23]<\/a> Transcript of S.B. Sentencing Hearing at 48, Commonwealth v. S.B., (Feb. 5, 2015) (51CR00088712014) [hereinafter S.B.].<\/p>\n

[24]<\/a> Y.B., supra <\/em>note 4, at 25.<\/p>\n

[25]<\/a> Interview with Reuben Jones, Former Social Services Coordinator, Philadelphia Focused Deterrence, in Philadelphia, Penn. (Oct. 6, 2017).<\/p>\n

[26]<\/a> Id.<\/em><\/p>\n

[27]<\/a> Latest Stop-and-Frisk Data Shows Modes Improvement<\/em>, American Civil Liberties Union of Pennsylvania (May 2, 2017) https:\/\/www.aclupa.org\/news\/2017\/05\/02\/latest-stop-and-frisk-data-shows-modest-improvement-philadel.<\/p>\n

[28]<\/a> Philadelphia Police Department Arrest Report for R.R., Commonwealth v. R.R. (Oct. 11, 2017) (1717040914).<\/p>\n

[29]<\/a> S.B., supra<\/em> note 23, at 44.<\/p>\n

[30]<\/a> Id.<\/em><\/p>\n

[31]<\/a> See <\/em>Chris Palmer, A Midnight Shooting<\/em>, News-Crime (Oct. 13, 2017, 5:11 PM), http:\/\/www.philly.com\/philly\/news\/crime\/philly-gun-violence-police-shooting-intel-20171013.html.<\/p>\n

[32]<\/a> Email from Public Defender 1, Defender Assoc. of Phila. (Nov. 14, 2017).<\/p>\n

[33]<\/a> Motion to Admit Evidence for Commonwealth, Commonwealth v. C.R. (Jan. 28, 2013) (51CR00139742011). The underlying crime in this case occurred before FD began, but the detective testified in the present tense regarding their database. Moreover, FD incorporates a lot of intelligence from before the actual program began. See <\/em>Officer James O\u2019Neill Expert Report for R.W. at 4, Commonwealth v. R.W. (Nov. 26, 2014) (51CR00033822012).<\/p>\n

[34]<\/a> Motion to Admit Evidence for R.W. at 22, Commonwealth v. R.W. (Dec. 1, 2014) (51CR00033822012); Interview with Public Defender 2, Defender Assoc. of Phila. (Sept. 14, 2017).<\/p>\n

[35]<\/a> Discovery for L.S., Commonwealth v. L.S. (March 15, 2017) (51CR00260812016) VS. Officer Matthew York Expert Report for J.J., J.J., W.C., J.W. at 17, Commonwealth v. J.J., J.J., W.C., J.W. (April 12, 2017) (CR0002942 & 2946-2016, CR0002943 & 2947-2016, CR0012810 & 0012845-2015, CR0012811 & 0012846-2015).<\/p>\n

[36]<\/a> Secure Criminal Docket for N.S., Commonwealth v. N.S. (51CR00026942016).<\/p>\n

[37]<\/a> Conversations with N.S., supra <\/em>note 1; Philadelphia Police Department Search Warrant 197564.<\/p>\n

[38]<\/a> Secure Court Summary for N.S., Commonwealth v. N.S. (51CR00026942016).\u00a0 <\/strong><\/p>\n

[39]<\/a> See<\/em> Motion for Bail Revocation for N.S. at 2, Commonwealth v. N.S. (Dec. 19, 2017) (51CR00269242016); Author\u2019s Observations at Commonwealth\u2019s Motion for Emergency Bail Revocation for N.S., Commonwealth v. N.S. (Feb. 3, Feb. 6, Feb. 8, 2017) (motion litigated over the course of hearings on three different dates).<\/p>\n

[40]<\/a> Email from Attorney for N.S., Defender Assoc. of Phila. (Aug. 3, 2017).<\/p>\n

[41]<\/a>Commonwealth Bail Motion at 57, Commonwealth v. N.S. (Oct. 21, 2016) (51CR00269242016) [hereinafter N.S. Bail Motion].<\/p>\n

[42]<\/a> Id.<\/em>at 24-25 (\u201cI mean, in my opinion, he\u2019s never going to leave the group. I mean, there\u2019s been\u2014you\u2019ve seen how long those social media posts are. There\u2019s some longer than that. He\u2019s not going to leave.\u201d). \u00a0<\/strong><\/p>\n

[43]<\/a> See <\/em>N.S. Bail Motion, supra<\/em> note 39, at 42. At the time, Nashon\u2019s social media accounts were<\/em> similar to those of many young men who have become accustomed to poverty, violence, and incarceration, as he was vocal about his support for his friends (many of whom who were behind bars) and beef with guys from other neighborhoods. However, if there was any ATF or FBI intelligence regarding Nashon\u2019s gang involvement, it was never presented to the court.<\/p>\n

[44]<\/a> Defense Motion to Quash, Commonwealth v. N.S. (Nov. 9, 2017) (51CR00269242016) (author\u2019s observations).<\/p>\n

[45]<\/a> Id.<\/em><\/p>\n

[46]<\/a> Id.<\/em><\/p>\n

[47]<\/a> Conversations with N.S., supra<\/em> note 1.<\/p>\n

[48]<\/a> Id.<\/em><\/p>\n

[49]<\/a> Bryan Lentz & Andrew Wellbrock, Focused Deterrence in Philadelphia<\/em>, Soc. Innovations J. (Nov. 3, 2013), http:\/\/www.socialinnovationsjournal.org\/sectors\/89-government-policy\/1397-focused-deterrence-in-philadelphia-fighting-crime-with-redemption-and-hope.<\/p>\n

[50]<\/a> Roman et al., supra <\/em>note 10, at 1.<\/p>\n

[51]<\/a> Kennedy, supra<\/em> note 4, at 221\u2013226, 229 (2011).<\/p>\n

[52]<\/a> It is unclear if FD policies have changed or will change under the new District Attorney, Larry Krasner.<\/p>\n","protected":false},"excerpt":{"rendered":"

Focused Deterrence: An Alternative Justice System in South Philadelphia Written by: Meredith Manchester, ’18 What initially sounded like an effective tactic in combatting gang violence is, in practice, impacting the lives of several innocent young men via mere “guilty by association” charges.\u00a0Read on to learn more about Philadelphia’s Focused Deterrence Program and the personal stories […]<\/p>\n","protected":false},"author":13092,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,27],"tags":[46,30,41,40,39,42,45,43,44],"class_list":["post-239","post","type-post","status-publish","format-standard","hentry","category-articlesbytopic","category-criminal-justice","tag-criminal-justice","tag-detention","tag-deterrence","tag-fd","tag-focused-deterrence-program","tag-gang-violence","tag-juveniles","tag-policing","tag-violence-reduction"],"_links":{"self":[{"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/posts\/239","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/users\/13092"}],"replies":[{"embeddable":true,"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/comments?post=239"}],"version-history":[{"count":0,"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/posts\/239\/revisions"}],"wp:attachment":[{"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/media?parent=239"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/categories?post=239"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sites.temple.edu\/pcrs\/wp-json\/wp\/v2\/tags?post=239"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}