A guide to community policing in 21st century
How to realise the best community policing in USA?
We are producing a small part of a long report prepared in 2014-15 to reform the police and to introduce the best community policing in USA. The massive protests in USA following the killing of George Floyd an African American man in police custody have once again raised the questions about police brutality and violence. The issue of police reform and criminal justice system reform once again highlighted by the protests. (The Editorial Board of www.insight247.news)
In 2014, the death of Michael Brown in Ferguson, Missouri set off waves of protest that renewed the long-standing question around the proper role of law enforcement. It prompted reflection in communities, across law enforcement, and up to the president of the United States. That year, President Barack Obama convened a task force to identify best policing practices to increase trust between police and the communities they protect and serve while effectively addressing crime. Released in 2015, the Final Report of the President’s Task Force on 21st Century Policing (the President’s Task Force Report) makes recommendations to police departments to ensure fair, safe, and effective policing.
But the recommendation of task force never implemented. The rightwing Republicans and police unions oppose some of these recommendations.
In 2014, the death of Michael Brown in Ferguson, Missouri set off waves of protest that renewed the long-standing question around the proper role of law enforcement. It prompted reflection in communities, across law enforcement, and up to the president of the United States. That year, President Barack Obama convened a task force to identify best policing practices to increase trust between police and the communities they protect and serve while effectively addressing crime. Released in 2015, the Final Report of the President’s Task Force on 21st Century Policing (the President’s Task Force Report) makes recommendations to police departments to ensure fair, safe, and effective policing.
But the recommendation of task force never implemented. The rightwing Republicans and police unions oppose some of these recommendations.
Policing has laid bare the fault
lines in America — and our report, New Era of Public Safety, is about the
possibility of healing and transformative reform. In 2014, the police shooting
of Michael Brown in Ferguson, Missouri, renewed a necessary national
conversation about racial justice, policing, and public safety. As awareness
and activism increase, so too must our commitment to realizing a vision for
public safety that honors the dignity of all people. Throughout my career, I
have spent time with community members, local leaders, and police officers
across America. The pain and frustration are profound. It is no understatement
that we are confronting serious challenges in solving the erosion of trust
between police and the communities they serve. But we bear the responsibility
to try.
This report serves as a guide
forward. It aspires to redefine public safety in such a way that serves every
person and every community. The report does so by asserting that real
transformation — transformation that can take root and thrive — must involve
stakeholders working together, bridging deep divides, and committing to the
promise of safe, fair, and effective policing.
That year, President Barack Obama convened a task force to
identify best policing practices to increase trust between police and the
communities they protect and serve while effectively addressing crime. Released
in 2015, the Final Report of the President’s Task Force on 21st Century
Policing (the President’s Task Force Report) makes recommendations to police
departments to ensure fair, safe, and effective policing. It has inspired hope
in the prospect of change, as police departments across America have wrestled with
how to increase trust, fairness, justice, and mutual respect and put its
recommendations into policy and practice.
Many departments, however, have
yet to reach the report’s aspirations, and communities continue to struggle
with how to ensure fair, safe, and effective policing. Police officer shootings
of unarmed Black men comprise a disproportionately high number of police
officer shootings; and Blacks and Latinx are overrepresented in other
enforcement activities, including pedestrian and vehicle stops.1 Recently, we
have seen the improper exercise of discretion in police interactions, from
arrests of people sitting in a coffee shop to questioning and frisking
teenagers visiting a college campus.
These events have deepened distrust in the
nation’s police force, especially in communities of color. They have reopened
old wounds and cut new ones, and they remind us of our historically fraught
relationship with a profession that swears to serve and protect. They remind us
of violence against activists during the civil rights movement, of the
enforcement of segregation and Jim Crow laws during the 19th and 20th centuries,
and of fugitive slave laws in centuries past. We know that hundreds of
thousands of police officers report for duty every day, with a mission to keep
us safe and protect us from harm. And we are grateful to the majority of these
officers who carry out their mission with dignity and honor, and especially to
those who give their lives to the cause. They respond to violent crime, mental
health and developmental disability crises, people with substance use
disorders, interpersonal conflicts and intimate partner violence, mass
shootings, terrorist attacks, and other tragedies that afflict our nation. We
also recognize that there is no panacea to problematic police practices.
Indeed, police officers work at some 18,000 departments in every type of
community across America: large and small; urban, rural, and suburban;
homogenous and diverse. We know that each department faces its own challenges
and must create its own solutions to meet community needs and interests.
Nevertheless, we also believe that all departments should follow emerging best
practices when protecting the public and preserving public safety. Police
departments should develop policies and practices that support fairness,
equity, procedural justice, legitimacy, transparency, and accountability — the
values that build trust in policing, restore confidence in police, and,
ultimately, heal wounds. More work is needed to achieve this goal. Police
departments can be resistant to change. Indeed, the warrior culture, which
emphasizes police as enforcers of law rather than keepers of the peace, is
deeply embedded in many police departments. This mindset heightens tension and
widens the separation between departments and communities by propagating an
“us-versusthem” mentality. Yet, all sides should come to realize that law
enforcement and the public share the same general goal: to live in safe
communities. Reframing the narrative of police-community
interaction away from opposition
and around a shared set of goals will promote a healthier policing culture and
create a stronger society, one where communities and police work together to
coproduce public safety. Indeed, policing reform depends on community
engagement. Those who know and understand their public safety needs are best
positioned to help police departments develop policies and practices to meet
those needs. This report was developed to give individuals, communities,
activists, advocacy organizations, law makers, and police departments the
knowledge to carry out this important work. Its accompanying toolkit is
intended to empower communities to hold police departments accountable by
working together to address problems and to find the best way forward to
coproduce public safety. The best practices recommended here are adaptable to
every department, in every community across the nation; the ultimate goal is
fair, safe, and effective policing that respects and protects human life and
ensures safety for all. The good news is that change is possible, and indeed is
already well underway. We hope these resources spread these best practices
farther, and faster, so that all people, of all backgrounds and all
characteristics, are truly safe in America.
The Leadership Conference
Education Fund advocates for communities impacted by unconstitutional practices
by federal, state, and local governments. Police misconduct and abuse of power
are antithetical to our country’s ideals of justice and equality for all. All
people deserve to feel safe in their homes, in their communities, and in their
country. Safety is a civil and human right without which society cannot thrive
and democracy cannot function. We must rethink what public safety means and
engage in collaborative reform to ensure that every person is safe, and every
person feels safe, regardless of race, ethnicity, national origin, religion,
gender, gender identity, sexual orientation, age, disability, familial status,
immigration status, veteran status, health status, housing status, economic
status, occupation, proficiency with the English language, or other personal
characteristic. By integrating community voices into police policies and
practices, developing a shared language to build trust between departments and
communities, bringing people with diverse perspectives to the decision-making
table, and harnessing the power of data to identify and address problems,
police departments and communities can coproduce public safety.
This report serves as a starting
point for communities and police departments to work together to achieve
policing reform in the 21st century. It covers best practices in a dozen areas
that are fundamental to fair, safe, and effective policing. To be sure, more
work is needed to bridge the divide between departments and communities
impacted by harmful police practices. Together, through mutual respect and understanding,
communities and police departments can coproduce public safety in a way that
serves community interests as defined by the community — not the department
that serves it. The President’s Task Force Report establishes six pillars as
the foundation for police practices that effectively reduce crime while
building trust with the community. The best practices presented here build on
those recommendations and are aimed at communities, advocacy organizations,
police departments, and lawmakers who are interested in moving toward
21st-century policing, addressing the proper role of police in crime and social
problems, and advocating for community-based responses to noncriminal matters.
This guide provides specific policy recommendations for achieving the principles
laid out in the President’s Task Force Report. We believe that by working
together and using data to understand when policies and practices are not
working, communities and police departments can realize fair, safe, and
effective policing that protects and serves all members of the public,
including police officers. For each chapter, we surveyed the field for best
policies and practices; consulted with advocates, members of impacted
communities, and subject-matter experts; and reviewed reports and publications
from leading police organizations, such as the International Association of
Chiefs of Police and the Police Executive Research Forum; national advocacy
organizations, such as the American Civil Liberties Union; and government
agencies, such as the U.S. Department of Justice Office of Community Oriented
Policing Services (COPS) and Civil Rights Division. This report offers best
practices that are grounded in research and provides examples of model
policies, practices, and programs at departments around the country.
The
Leadership Conference Education Fund’s Policing Campaign is proud to partner
with all stakeholders, including individuals and communities, activist groups,
advocacy organizations, and police departments, to realize this goal. For
guidance on how to implement the solutions recommended in this report, please
read the accompanying toolkit, which is available at
http://policing.civilrights.org/toolkit. Please also visit our website at
www.policing/civilrights.org for information about the campaign and local
initiatives. And please sign up for our mailing list at
http://policing.civilrights.org/ to receive news and information about our
policing work.
SUMMARY OF RECOMMENDED BEST PRACTICES
Recognizing problems with policing is the easy
part; fixing them is less so. This report aims to help. It draws from the
policies and practices of departments across the country that has adopted
innovative reforms, informed by experience, community feedback, and expert
advice, to address long-standing challenges. In total, we provide over 100
recommendations to reform policing, many of which include additional
sub-recommendations that address specific topics in detail.
The topline
recommendations that follow lay out a roadmap to 21st-century policing. Community
Policing Community trust and confidence in police are foundational to community
policing. The absence of trust and confidence arises from police tactics that
disproportionately and negatively affect certain communities, especially those
of color. These tactics fray relationships and impede criminal investigations,
making everyone less safe. Police officers should understand that they earn
trust — and can restore it — through actions that reflect the principles of
community policing. A large body of evidence shows that people in communities
that have collaborative partnerships with police departments feel safer in
their communities and that positive police-community relationships encourage
cooperation.
To practice
community policing, departments should work with communities to:
1.1 Support local resolutions that
embrace and require community policing as the key operational philosophy.
1.2 Commit
to community policing in mission statements, strategic plans, and leadership
development programs.
1.3 Commit
sufficient resources to implement community policing.
1.4 Embrace
procedural justice as a guiding principle that informs policies, practices, and
training.
1.5
Reconcile with the community.
1.6 Give
communities a direct, ongoing say in police practices.
1.7 Develop
performance measures that reflect the principles of community engagement,
collaboration, problem-solving, and trust-building.
1.8 Give
officers ample time to engage with community members and solve community
problems.
1.9 Build
understanding of the societal causes and consequences of social problems.
1.10
Implement policies for encounters with people with limited English proficiency.
1.11 End the
use of police in schools as a solution to student discipline.
1.12 Prohibit officers from asking people
about their sexual orientation or immigration status.
Bias-Free
Policing
People
experience discrimination based on a wide range of factors. Discriminatory
police practices have sowed a deep distrust of law enforcement across our
nation, especially in communities of color, and sparked outrage over systemic
injustice and discrimination. To build trust, engage communities, and improve
public safety, police leaders should make clear that discriminatory and
biased-based policing have no place in police departments. To achieve this
goal, they should develop policies and training programs that explain how
officers can carry out law enforcement duties without bias, and they should
specify prohibited conduct and behavior to ensure policing is fair, safe, and
effective. To practice bias-free policing, departments should work with
communities to:
2.1 Adopt comprehensive bias-free policies.
2.2 Ensure
officers are trained in bias-free policing.
2.3 Supervise, monitor, and hold officers
accountable for policy violations.
2.4 Take corrective action when data indicate
bias-based policing.
2.5 Address complaints and calls for service
based on racial and ethnic profiling.
2.6 Identify
and investigate hate crimes.
2.7 Collect, analyze, and publicly report data
relating to bias-based policing.
2.8 Create cultures of inclusivity and
accountability and diverse workplaces.
2.9 Work for broad social change.
Stops Searches and Arrests
Stops, searches, and arrests impose
significant costs on liberty, disproportionately affect communities of color,
and undermine vital relationships necessary for effective law enforcement.
Federal and state constitutions establish the minimum protections — but they
are just that: minimum standards that are not necessarily best practices or
even common standards. Police departments should adopt best practices that go
beyond these standards to better protect individual liberty, communicate
performance expectations, and promote safe, bias-free, and respectful
interactions between officers and community members. To protect privacy and
allow for greater freedom of movement without compromising safety or
effectiveness, departments should work with communities to:
3.1
Encourage officers to consider the costs of stops, searches, and arrests.
3.2 Ban formal and informal quotas.
3.3 Ensure
officers inform people of their rights to refuse or revoke consent and to
document it.
3.4 Limit the use of pretextual stops.
3.5 Seek
search warrants whenever possible.
3.6
Integrate procedural justice into all enforcement activities.
3.7 Eliminate discriminatory and bias-based
stops, searches, and arrests.
3.8 Safeguard against unconstitutional
surveillance.
3.9 Provide comprehensive training on stops,
searches, and arrests.
3.10 Require detailed reporting of stops,
searches, and arrests.
3.11 Reduce reliance on arrests and
incarceration.
The Use of Force
Officers
take an oath to uphold the law, their department, and the community they serve,
and to hold themselves and their fellow officers accountable for their actions.
Yet they do not always do so, particularly when it comes to the use of force.
Indeed, the use — and misuse — of police force is and has long been a flash
point in American life. To ensure fair, safe, and effective policing now in the
future, community members and police leaders should work together to create
clear and specific guidance and expectations on appropriate uses of force and
equip officers to meet these expectations through training on implicit bias,
procedural justice, de-escalation and harm-reduction tactics, and other areas.
Communities that hold departments accountable for meeting expectations set
forth in policy will change how departments understand and approach using force
— without sacrificing public or officer safety. To protect communities and
officers, departments should:
4.1 Commit
to respecting and protecting human life and ensuring safety for all.
4.2 Permit
the use of force only when necessary to resolve conflict and protect public and
officer safety.
4.3 Prohibit
and regulate tools and tactics with a high risk of death or injury that are
disproportionate to the threat.
4.4 Set clear policies applicable to all force
instruments.
4.5 Set clear policies regarding specific force
instruments.
4.6 Ensure officers consider personal
characteristics before using force.
4.7 Require officers to intervene in improper
uses of force.
4.8 Require officers to render aid until
medical assistance arrives.
4.9 Provide continual, scenario-based
training.
4.10 Establish robust processes for reporting
and investigating uses of force.
Responding
to Crises
Police
officers respond to a wide variety of calls, including — increasingly — crises
relating to mental health or developmental disabilities and substance use
disorders. This places a great burden on officers, who often respond repeatedly
to the same people in crisis, and poses significant enforcement challenges.
Indeed, police officers are not equipped to fill the role of psychologist,
social worker, or behavioral health specialist. As such, our society should aim
for the least “police-involved” responses to crises. By providing adequate
prevention, support, and referral services, departments and communities can
divert people with mental health and developmental disabilities, physical
disabilities, and substance use orders, from the criminal justice system. All
departments should develop crisis intervention approaches that connect people
in crisis to appropriate health services, and all officers should be trained to
identify and handle crises. They should, in other words, see themselves as
guardians of public safety. To limit their role in and respond more
appropriately to crises, departments should work with and support communities,
government officials, and service providers to:
5.1 Develop
integrated community-based support services to prevent crises.
5.2 Develop integrated community-based
services to respond to crises.
5.3 Establish protocols for interactions with
people with mental health or developmental disabilities or who experiencing
substance use disorder crises are.
5.4 Train emergency call operators.
5.5 Train all officers in basic techniques to
identify and manage crises.
5.6 Pair crisis response teams with mental
health and developmental disability co-responders.
5.7
Carefully select crisis response program coordinators and officers.
5.8 Partner with local service providers to
coordinate responses.
5.9 Adopt
harm-reduction models for people with substance use disorders.
5.10 Track officer responses to crises and
assess crisis response programs.
The First Amendment to the U.S. Constitution
The First
Amendment to US Constitution protects some of our most cherished rights: our
right to speak and publish freely, to gather publicly in large groups, to
petition and lobby our government, and to practice religion. These rights lie
at the heart of our democracy, yet they are often a source of tension between
police departments and the communities they serve. Police leaders should
implement policies and practices that respect and protect the public’s
constitutional rights while maintaining public safety. To strike this balance,
departments should train officers to serve in a wide range of unpredictable
situations. Most importantly, they should create and sustain a culture that
understands and respects both keeping the peace and exercising individual
freedom. To respect and protect the public’s First Amendment rights while
ensuring safe public assemblies, departments should:
6.1 Clearly
instruct officers about the public’s right to record law enforcement
activities.
6.2 Limit and closely supervise
information-gathering techniques that target activities protected by the First
Amendment.
6.3 Engage in cooperative and strategic
advance planning.
6.4 Demilitarize officers and require them to
interact with assemblers in a respectful and positive manner.
6.5 Promote
crowd-control tactics that are less likely to cause injury and set clear limits
on the use of force.
6.6 Hold officers accountable for their
responses to public assemblies and Free Speech.
Accountability
Accountability
is central to fair, safe, and effective policing; it deters misconduct and
heals communities if and when officers violate law or policy. Officers and
departments should be held accountable for performing in a way that complies
with federal, state, and local laws, departmental policies, and community
values. Doing so sends a message to communities that unjust and
unconstitutional conduct is not tolerated and will receive swift discipline. It
builds public trust and, in turn, strengthens the legitimacy of police
departments and the criminal justice system at large. A lack of accountability,
in contrast, weakens the relationship between police and the people they serve,
undermining departments’ efforts — and the ability of the entire justice system
— to protect and preserve public safety. Strong accountability systems also
strengthen departments from within. Police departments, like all professional
organizations, flourish when employees know what is expected of them and
understand the consequences if they fail to meet expectations. Officers are
also more likely — and more motivated — to consistently make good decisions if
they know that leaders and colleagues are also accountable for their actions.
Accountability systems include internal mechanisms (e.g., rules, policies, and
practices that ensure that department members are held responsible for their
conduct) and external mechanisms (e.g., civilian oversight boards and
independent prosecutors who hold officers accountable for misconduct). To
create robust internal and external accountability systems, departments should
work with communities to:
7.1 Create transparent, effective processes to
receive and respond to external misconduct complaints.
7.2 Create
transparent, effective processes to receive and respond to internal misconduct
complaints.
7.3
Delineate policies about how and by whom misconduct complaints are
investigated.
7.4 Develop policies for investigating and
addressing sexual misconduct and intimate partner violence.
7.5 Create transparent, effective processes
for conducting misconduct investigations.
7.6 Ensure supervisors address and discipline
officer misconduct.
7.7
Integrate the principles of procedural justice into disciplinary processes.
7.8 Use
early intervention systems to track officer behavior and address officer needs
and deficiencies at the earliest opportunity.
7.9
Investigate misconduct to the extent permissible after statutory or contractual
time limitations for discipline have passed.
7.10
Identify, maintain, and share material evidence relating to officer misconduct
or credibility with prosecutors in criminal cases.
7.11 Inform officers of their right to file
complaints with outside agencies.
7.12 Expand the role of community/civilian
review boards and independent monitors in discipline.
7.13 Establish clear protocols for determining
who investigates and prosecutes officer-involved crimes and shootings.
7.14 Oppose provisions that weaken
accountability systems when negotiating collective bargaining agreements.
Robust data collection
It allows
leaders to evaluate policies and practices and to modify or eliminate those
that are ineffective or have unintended negative consequences. Collecting and
sharing data are important steps toward achieving transparency, as they allow
communities to see what officers and departments are doing and enable community
members to hold officers and departments accountable. When collecting and
sharing data, departments should not collect personal information (about
personal characteristics, associations, activities, etc.) or use technologies
that risk infringing on privacy rights. Body-worn cameras (BWCs) and “dashcams”
play a valuable role in policing because they increase accountability and
transparency — but they do so only when properly used. Without policies
regulating how and when to use them, BWCs and dashcams can result in
disproportionate surveillance and enforcement of heavily policed communities,
especially communities of color, raising significant privacy concerns. To
foster transparency and accountability and protect privacy, departments should
work with communities to:
8.1 Collect and publish demographic and
enforcement data.
8.2 Make
data and information publicly available in accessible and alternative formats.
8.3 Procure
adequate systems to collect and store data.
8.4 Release information about critical events
in a timely manner.
8.5 Develop
clear BWC policies with community input.
8.6
Implement storage practices and systems to preserve the integrity of video
footage.
Police
culture
Police
Culture refers to departmental beliefs and processes that influence how
officers do their jobs. Culture manifests formally, in policies, procedures,
and training programs, and informally, in the decisions and actions of those
who are recruited and hired by the department, and in environments that
encourage and discourage certain behaviors and attitudes. Chiefs and other
department leaders are uniquely empowered to shape departmental culture and
ensure it reflects community values. But they cannot create culture change on
their own. To adopt the values of 21st-century policing in their departments,
leaders should work closely with colleagues and community members. Chiefs and
other department leaders can create buy-in for culture change via procedural
justice — that is, through transparency, communication, and opportunities for
input — during the decision-making process. To create a culture that promotes
and supports community policing, departments should:
9.1 Ensure
that core departmental values reflect community values and communicate them to
all department members.
9.2 Develop specific and actionable strategic
plans.
9.3 Create opportunities to actively develop
leadership skills for all personnel.
9.4 Develop performance-based requirements for
promotion.
9.5 Prioritize diversity and create a culture
of equity and inclusion by working to eliminate racial, ethnic, and gender bias
in the workplace.
9.6 Ensure that field training incorporates
core values and communicates them to new officers.
Leadership and Culture
Police
departments should reflect the communities they serve and take a
community-centered approach to their work — one that embeds the values and
voices of all community members into department policy and practice. Doing so
builds community trust and confidence in the vital work of law enforcement. To
achieve these goals, departments should employ and promote officers with
community-centered mindsets toward policing; create and maintain transparent
processes for recruitment, hiring, promotion, and retention; and assess — and
remove — barriers to advancement facing underrepresented groups (e.g., people
of color, religious groups, women, LGBTQ and gender non-conforming people, and
others); and create and sustain inclusive cultures. To attract and retain
officers who reflect the communities they serve and embody the values of
equity, fairness, and procedural justice, departments should:
10.1 Promote
policing as a legitimate, honorable profession, especially to young people from
underrepresented groups.
10.2 Seek community input when making
decisions about hiring and resource allocation.
10.3 Develop
recruitment plans that reflect departmental missions and community priorities.
10.4
Reevaluate hiring qualifications and testing.
10.5 Provide
mentoring opportunities and test preparation support to candidates from
underrepresented backgrounds in policing.
10.6
Implement transparent policies and practices that are centered on internal
procedural justice.
Academy and
In-Service Training
Training is
the foundation by which departments teach practices and tactics to police
officers in a way that reflects and affirms a commitment to community values.
It is the most effective way to reduce harm (both physical and psychological),
preserve community relations, and protect and preserve public safety. Training
enables departments to ensure that officers have the knowledge and skills they
need to engage in fair, safe, and effective policing. To serve communities
well, officers should stay up to date on best practices and continually develop
their skills. Yet no universal standards for police training exist; each state
and jurisdiction has different requirements. To ensure officers understand and
carry out departmental requirements and are trained to adhere to community centered
values, departments should:
11.2
Prioritize the development and implementation of rigorous in-service training.
11.1 Ensure
that basic recruit and in-service training covers a wide variety of skills,
including crisis response, de-escalation, cultural competency, and leadership.
11.3 Directly involve community members in the
development of training initiatives and curricula.
11.4 Use contemporary adult education
techniques in training programs.
11.5 Carefully select field training officers
(FTOs) and training staff.
11.6 Develop robust programs to train officers
to serve as FTOs.
11.7 Treat
service as an FTO as an important career step that factors into decisions about
promotion.
11.8 Keep complete, accurate, and up-to-date
records of training curricula, materials, and attendance.
11.9
Periodically review, audit, and assess training programs.
Well-being
and safety of police officers
Police
officers often respond to violent situations and crises, and many works in
communities with high levels of gun violence and regularly bear witness to
human tragedy. This puts them under great physical and mental stress, which can
undermine their health and wellbeing and affect other parts of their lives.
These effects go beyond officers themselves; they also affect loved ones and
family members. Officers who are equipped to handle stress at work and at home
are more likely to make better decisions on the job and have positive interactions
with community members. Officer wellbeing has a direct impact on communities,
and improved mental health and emotional wellbeing are associated with better
outcomes in police encounters. To take a holistic approach to health,
wellbeing, and safety and support officers’ spouses, partners, and family
members, departments should:
12.1 Create
a culture that supports and promotes wellbeing.
12.2
Implement robust employee assistance programs.
12.3 Create peer support and mentoring
programs.
12.4 Attend
to and promote officer health and wellbeing.
12.5
Incorporate officer health, wellbeing, and safety into operations.
12.6
Establish post-crisis evaluation and treatment protocols.
12.7 Provide officers with appropriate
equipment.
Important
notes about this report
Community
America’s
18,000 police departments operate in our nation’s smallest hamlets and its
largest metropolises, and the populations they serve vary greatly from place to
place. In other words, there is no monolithic community or prototypical
department. But there are key principles and emerging best practices that
should be embedded in all departments’ policies, programs, and practices. All
departments should strive to promote the values of fairness, equity, procedural
justice, legitimacy, transparency, and accountability. These values apply to
every department across the country, whether it serves one large, homogenous
community or a collection of micro-communities, each with its own culture,
traditions, and language. Departments that serve multiple constituencies
sometimes face conflicting demands. To ensure that policies and practices do
not disproportionately impact marginalized groups, departments should analyze
data to identify how particular communities are impacted and seek input and collaboration
from them when evaluating policy and practice. Thus, when we speak of
“communities” or “marginalized communities” we generally refer to those most
impacted by biased or discriminatory police practices. This includes but is not
limited to: people of color (inclusive of Black people, Latinx people, Native
Americans, Asian Americans, and Pacific Islander Americans); people of various
religions; LGBTQ and gender-nonconforming people; immigrants; people with
disabilities, including mental health and developmental disabilities; people
with substance use disorders, Deaf and hard-of-hearing people; people
experiencing homelessness; low income people; and people with limited
proficiency in English. Accordingly, community values are defined and articulated
by the people living in these communities. Departments should work with
communities to listen and understand their specific and unique challenges,
needs, and interests. Together, communities and departments should develop a
shared vision of public safety and a language that respects and recognizes the
perspectives of all people.
Department
Diversity
Because departments differ from each other,
every recommendation in this report may not be appropriate for every
department. But the underlying principles of each recommendation are applicable
to all departments and can be adapted accordingly. For example, if a small
department does not have the capacity to purchase and implement a robust
electronic intervention system, it can implement a manual system to record data
related to officer activities and performance. Regardless of size or place,
departments can apply the broad principles laid out in this report as they
strive to achieve fair, safe, and effective policing and coproduce public
safety with the community.
Rules
Governing Police Departments and Officers
It is important to understand how the field of
law enforcement is structured in order to advocate for change. Several entities
regulate police departments and the rules and laws that govern them. Policing
is governed by federal and state constitutions, and police officers are bound
to work within the confines of the law. The federal government is responsible
for ensuring that policing meets constitutional standards and can condition
federal grants on the adoption of policies and/or training. State governments
are responsible for protecting the rights guaranteed by state constitutions.
State legislators can also pass laws setting general standards for departments —
including certification of police officers; stops, searches, arrests, and uses
of force; and investigations of officer misconduct. They can also mandate or
incentivize policy change through conditions on state funding. Mayors usually
appoint chiefs of police or superintendents and oversee police departments.
Local governments, usually through city councils, also enact laws on policing,
approve budget proposals, and create and fund mechanisms to oversee
departments. These mechanisms include short-term mechanisms, such as
commissions and task forces, and long-term mechanisms, such as inspector
generals, independent monitors, and civilian oversight agencies. Local
governments can also empower existing city officials, like ombudsman people or
public advocates, to monitor department activities and receive complaints.
Independent oversight bodies are established by mayors or legislators as
permanent offices that have authority to investigate individual complaints and
recommend appropriate discipline. They also review internal administrative
investigations as well as department policies and practices. Police departments
(and law enforcement agencies in general) develop and enforce policies, set
departmental priorities, and impose discipline for policy violations. They are
accountable to the mayor and local legislators, as well as to the community at
large. Police unions also have a great deal of power. They negotiate union
contracts that govern wages and conditions of employment, such as requirements
to use body-worn cameras, administrative investigation processes, and
discipline and accountability processes. Union contracts typically are approved
by city councils or similar municipal entities.
Policy Examples
Throughout this report, we provide examples of
model policies and programs. We caution that references to a department’s
particular policy do not mean that the rest of its policies or programs reflect
best practices. Likewise, reference to a specific provision within a policy
does not mean that the policy as whole is regarded as a best practice. This is
to be expected. Policing is dynamic and fluid. Technologies are developing at a
rapid pace, social problems are ever-changing, standards of fairness and
justice are constantly evolving, and departments have to keep up. Moreover,
department policies and practices are tailored to meet the needs of that
department; some policies push boundaries and try new ideas, while others
slowly embrace change. Many policies are described in the text of the report.
However, many additional examples are included in the endnotes, which should be
used when seeking more information. Everyone in America deserves to live in
safe communities. This is one thing that we can all agree on, even in a time of
partisanship and polarization. And yet, while we are on common ground, we need
a common language to foster better communication and collaboration among those
seeking change. We believe that true public safety requires communities and
police departments to work together to coproduce it.
The Leadership Conference Education Fund’s Policing Campaign is proud to partner with all stakeholders, including individuals and communities, activist groups, advocacy organizations, and police departments, to realize this goal. For guidance on how to implement the solutions recommended in this report, please read the accompanying toolkit, which is available at http://policing.civilrights.org/toolkit. Please also visit our website at www.policing/civilrights.org for information about the campaign and local initiatives. And please sign up for our mailing list at http://policing.civilrights.org/ to receive news and information about our policing work.
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