Washington Lawyer - May/June 2024 - 12

FEATURE
charges, says Hopkins. Some of the organizations participating in the
Real-Time Crime Center, such as the U.S. Capitol Police, operate cameras
whose locations are kept secret as a matter of national security. Their
secrecy presents a problem for defendants, according to Hopkins.
" The locations of cameras have to be provided so that criminal defense
attorneys can demand exculpatory evidence. Prosecutors need to know
the locations of cameras and retention practices so that they can fulfill
their Brady obligations, and defense attorneys need the same information
so that they can hold prosecutors to those obligations, " Hopkins says.
Finally, there is the problem of new technology's potential to replicate
and amplify preexisting inequities. Studies by WLC and other entities
have found that the majority of existing CCTV cameras in the District are
pointed primarily at communities of color and at housing developments.
"
Nearly 35 percent
of the CCTV cameras
owned by MPD were
placed in Wards 7
and 8, and that's not
by mistake.
CARLOS ANDINO
Affirmative Civil Rights and
Environmental Justice Unit, DOJ
NEIGHBORHOODS UNDER WATCH
" Nearly 35 percent of the CCTV cameras owned by MPD were placed in
Wards 7 and 8, and that's not by mistake, " Andino says, referencing a heat
map showing the distribution of cameras by ward. " They'll say that cameras
are placed where crime exists, but that's not always the case. We
know that surveillance doesn't always follow true crime. It follows society's
undesirables - people who are predicted to commit crime that, in
many cases, don't go on to commit crime. "
" Camera placement based on crime statistics overlaps with a number of
other significant data points, " Andino says. " Wards 7 and 8, which MPD
constantly cites as the locations of crimes it needs to track, are also the
wards with the least health care infrastructure, the least road infrastructure,
the least food accessibility. These are all important factors to keep
in mind because, when it comes to devoting resources to address issues
... each of these cameras costs money. If you want to address crime,
address those problems first. "
Studies on the reduction in crime rates in cities using CCTV have not
shown consistently positive results. The negative effects of surveillance
on communities of color, on the other hand, are easier to identify.
12 WASHINGTON LAWYER
* MAY/JUNE 2024
Disproportionately affecting Black and Latino residents, the D.C. Gang
Database in 2022 contained information on nearly 2,000 individuals, only
one of whom was white. The process of putting individuals on the list
lacked oversight, to the extent that one of those listed was a one-yearold
child, according to the WLC report " Targeted, Labeled, Criminalized:
Early Findings on the District of Columbia's Gang Database. "
Advocates acknowledge the complexity involved in addressing recent
trends in violent crime while avoiding inequitable outcomes. Dennis
Corkery, interim supervisory counsel for the Police Abuse Team at WLC,
says that camera use in Wards 7 and 8 could be implemented in ways
designed to positively impact the community. Corkery has the same
questions around CCTV use and violence as he does around the use of
cameras and traffic fatalities.
" Right now, the most traffic fatalities are in Wards 7 and 8. So, in the District,
Black and brown people die the most from unsafe driving, " Corkery
says, " but increasing the number of traffic cameras in those areas means
that Black and brown people will also end up paying the most tickets. "
" Does that flip race equity on its head? Yes, so that means that what
you have to do is look at the other factors that result in unsafe driving in
these areas - road design, the presence of major highways, the longer
distances traveled to access food and work, " Corkery adds. " It is important
to fix these structural problems along with the installation of raceneutral
traffic cameras to avoid disparate impacts. "
TRANSPARENCY & TRUST
Ultimately, critics of the District's use of surveillance data are concerned
that a lack of transparency can result in injustices that could otherwise
be prevented. They also argue that inequitable measures can amplify
preexisting issues associated with structural racism, while drawing resources
away from programs that could address the root cause of crimes.
" When a new technology or practice relating to surveillance is introduced,
it should be disclosed to the public. There should be opportunity
for commentary and advice, " Andino says. " We fully support programs
that have community support and the involvement of community members
in such decisions. But the regulations relating to surveillance have
fallen behind because the government has no incentive to keep the regulations
up to speed. "
" Technology is here, and technology is coming, " Hopkins says. " It comes
faster than the law can catch up to it, " which is why there must be policies
in place to regulate government use.
" The government needs to disclose its use and how it will be used. Because
of the potential of a surveillance state to infringe on rights and liberties,
we need to ask these questions before authorizing the government
to engage in this, " Hopkins continues. " For accountability, there
should be a reporting measure on the back end ... What you want is
trust. Trust that the government isn't using cameras in public to violate
civil rights and liberties. "
Reach D.C. Bar staff writer Jeremy Conrad at jconrad@dcbar.org.
Equal Justice Works
Washington Lawyer - May/June 2024

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