April 19, 2022

Stories told through news media and documentary films continually illustrate the inequities in the criminal justice system. In general, these ineq

Stories told through news media and documentary films continually illustrate the inequities in the criminal justice system. In general, these inequities fall along race and class lines. Considering the multiple components of the system (i.e., law enforcement, the courts, and prisons), where are the greatest injustices found? And what should be done (i.e., policies implemented) to change it? Explain your response and use evidence and examples from the readings and film to support your argument.

Police Under Scrutiny

By: Christina L. Lyons

Pub. Date: October 9, 2020 Access Date: December 9, 2021

Source URL: http://library.cqpress.com/cqresearcher/cqresrre2020100900

http://library.cqpress.com/cqresearcher/cqresrre2020100900

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Table of Contents

Introduction

Overview

Background

Current Situation

Outlook

Pro/Con

Chronology

Short Features

Bibliography

The Next Step

Contacts

Footnotes

About the Author

Page 2 of 31 Police Under Scrutiny CQ Researcher

Introduction Police officers fatally shoot an average of nearly 1,000 people annually in the United States, and Blacks, Hispanics, the mentally ill and the poor are more likely to be stopped by police than whites. Increasingly, violent encounters with minorities are being captured on camera and igniting racial justice protests across the country. Many police unions and defense lawyers caution those viral images distort reality and say that the vast majority of officers behave ethically. Lawmakers, criminal justice experts and civil rights leaders disagree on whether laws should restrict police use of force, or if some law enforcement funding should be diverted to other community resources that could better handle citizens' disagreements or emergencies. Many Americans want police officers to be held more accountable — particularly in court — when they injure or kill a suspect. But officers and legal experts say officers must assess threats quickly in order to protect themselves and others, and courts should give them the benefit of the doubt.

Police watch after tear gas is fired into a crowd of Black Lives Matter demonstrators on May 31 in Santa Monica, Calif. The nation experienced a summer of protests over the killings of Black Americans by police. (Getty Images/Mario Tama)

Overview In Minneapolis, police reforms seemingly came fast.

Beginning in 2016, the city revised officer training; promoted Assistant Chief Medaria Arradondo to be the city's first Black police chief; held community meetings; toughened department policy on the use of body cameras; and took other steps to address allegations that officers targeted minority groups and used excessive force when making arrests.

“They were held up as a model of reform,” says David Muhammed, executive director of the National Institute for Criminal Justice Reform, a research group based in Oakland, Calif.

A memorial in Minneapolis honors George Floyd, who died at the hands of police on May 25. Experts say Minneapolis provides an example of how hard it

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#top

is to achieve police reform. (AFP/Getty Images/Kerem Yucel)

Then came the killing of George Floyd on May 25 and the national uproar that followed. On that day, four Minneapolis police officers attempted to arrest Floyd, an unarmed 46-year-old African American, after a market owner complained Floyd had used a counterfeit $20 bill to buy cigarettes. Pinning him to the ground, officer Derek Chauvin, a 19-year veteran of the police force, pressed his knee onto Floyd's neck for more than eight minutes as three other officers watched.

“Please, I can't breathe,” Floyd cried out repeatedly. He died at the scene. An autopsy attributed his death to asphyxia, and the four officers, who said Floyd had resisted arrest, were fired and face criminal charges.

Floyd's death at the hands of Chauvin, a white officer who had faced at least 22 complaints or investigations during his time on the Minneapolis force, shows how difficult it is to effect change, according to Muhammed and other criminal justice experts. Minneapolis' experience “gives credence to the idea that reform hasn't worked,” Muhammed says.

The debate over how to improve policing has gained new urgency as racial justice protests by Black Lives Matter and other activist groups have spread nationwide along with outrage over officers' use of force against Blacks and Hispanics, especially those in poor communities, and against citizens with mental illness.

Since July alone, protests — some violent — have erupted over police fatally shooting a Latino man in a parked car in Phoenix (July 4); pointing guns at Black women and girls mistakenly suspected of riding in a stolen vehicle in Aurora, Colo. (Aug. 2); and shooting a Black man in the back in Kenosha, Wis. (Aug. 23). In September, hundreds took to the streets in protest after a grand jury did not charge two white officers involved in the fatal shooting of Breonna Taylor, a 26-year-old African American. The officers, with a warrant in hand, used a battering ram to enter her Louisville, Ky., home to search for drugs on March 13.

Authorities' sometimes violent response to protests in Portland, Ore., and other cities has further enraged many Americans.

Officers have fatally shot an average of nearly 1,000 citizens annually since 2015, according to a Washington Post database built with the help of Geoffrey Alpert, a criminology professor at the University of South Carolina, Columbia. About half of the victims were white, but Blacks, who account for less than 13 percent of the U.S. population, were killed at more than twice the rate of whites. Hispanics also were killed at a higher rate than whites.

“The number is so robust over the period of time they have been collecting data, it scares me,” Alpert says. Only about 1.8 percent of all police interactions become violent, he says. Yet “any time police have to shoot a citizen, it is a huge problem.”

Alpert attributes much of the problem to officers' poor ability to assess threats. His studies have found that “cops were more afraid of Black and brown suspects because in their experience most of their arrests had been for Black or brown people.” Those officers tend to shoot because they fear their lives are in jeopardy, Alpert says.

At the same time, many Black people have a deep, historical distrust of police, and this distrust is helping to fuel the Black Lives Matter movement. “As a result of decades of brutality and harassment, minority communities often don't look at the police in the same way white communities do,” wrote Emanuel Cleaver III, senior pastor at St. James United Methodist Church in Kansas City, Mo. “African Americans view police officers with suspicion, seeing them as dangerous.”

For decades, researchers have called for a national database on police use of force to study trends and practices, but none yet exists. Still, since a Chicago commission on race relations in 1922 found that police systemically targeted Blacks with undue force, many commissions have documented similar behavior in other cities.

Page 4 of 31 Police Under Scrutiny CQ Researcher

“The vast majority of interactions don't end up on camera, and can be the everyday harassment of citizens,” says Cardozo School of Law professor Ekow N. Yankah. The encounters “can be humiliating, truly build resentment and fray the bonds between citizens and police.”

Defenders of law enforcement say that officers are not racist or uncaring. “Racial profiling is not happening,” says John Lutz, a retired 30-year veteran of the California Highway Patrol in Los Angeles. Highway officers typically cannot see the skin color of a speeding driver in a car with tinted windows, for example, he says.

Larry James, general counsel for the National Fraternal Order of Police, and other experts say viral images mistakenly lead citizens to believe that all police abuse their powers, rather than just a few. James, a former director of public safety who is Black, says many officers recognize that Chauvin's behavior in the Floyd case was “just inhumane, to say the least.”

Many protesters and legal experts say law enforcement is over-policing, particularly in minority and poor neighborhoods, thereby increasing the chances for violent encounters. Studies have found that police killings, as a percentage of the population, are greater among higher-poverty individuals and that people with untreated mental illness are 16 times more likely than other citizens to be killed by police during a law enforcement stop.

Since Floyd's death, many protesters have campaigned to “defund” the police. The term has different meanings to different people. Some activists advocate totally disbanding police departments, while others want to divert a portion of police budgets to other community resources that they say can better address social or mental health problems.

“We've added … to police officers' plates and asked them to become social workers,” says David MacMain, a defense attorney in West Chester, Pa., who was a police officer. He chairs the governmental liability committee of the Defense Research Institute, an organization of civil defense attorneys headquartered in Chicago. He supports moving resources to other services to ease police workloads.

President Trump has defended the police, denounced defunding proposals and denied that systemic racism is a problem. On July 22, he vowed “we will never defund the police,” adding that well-funded departments are necessary because communities are “plagued by violent crime.”

According to the FBI, violent crime dropped 51 percent between 1993 and 2018, and preliminary statistics released in January show violent crime decreased between the first half of 2018 and the first half of 2019. A New York Times analysis, however, found that murder is up about 21.8 percent in 36 cities this year from a year earlier, while other violent crimes have dropped.

Some experts blame law enforcement for escalating violence, particularly during recent protests. Police, National Guard units and federal agents in some cities beat protesters, used tear gas and pepper spray, or fired rubber bullets or other nonlethal projectiles. The human rights group Amnesty International found 125 incidents of police violence against protesters in 40 U.S. states and the District of Columbia, between May 26 and June 5.

“The unnecessary and sometimes excessive use of force by police against protesters exhibits the very systemic racism and impunity they had taken to the streets to protest,” said Ernest Coverson, manager for Amnesty's End Gun Violence Campaign.

Protesters and some criminal justice experts believe lawmakers need to restrain police officers' use of aggressive tactics, such as using chokeholds, obtaining warrants to break into a home without warning to search for drugs or other contraband (“no-knock warrants”) and detaining and searching any citizen (“stop and frisk”). Many of those tactics are unnecessary, experts say, particularly if police learn how to de-escalate conflict and work to gain trust within the community.

In recent years, communities have spent millions of dollars to equip officers with body cameras, to help provide accountability, but studies have not found a major effect on police behavior. Rashawn Ray, a fellow with the Brookings Institution, a Washington think tank, said the introduction of body cameras and other changes over the years has “fallen short of holding police officers accountable.”

Page 5 of 31 Police Under Scrutiny CQ Researcher

Since January 2005, 119 nonfederal law enforcement officers have been arrested on murder or manslaughter charges as the result of an on-duty shooting, says Philip Matthew Stinson, criminal justice professor at Bowling Green State University in Ohio, who manages a database of criminal cases against police. As of the end of August, just seven of those officers have been convicted of murder. Twelve were convicted of manslaughter (an unlawful killing that did not involve serious intent to harm or kill); five of voluntary manslaughter (a “heat of passion” crime when someone was provoked into acting); and six of involuntary manslaughter (unintentional homicide resulting from criminally negligent or reckless conduct), according to Stinson. Appeals courts overturned four of the murder convictions.

At a pro-police rally outside the Minnesota governor's mansion in St. Paul on June 27 organized by Bikers for 45, a woman holds a sign expressing her support for officers. Law enforcement's defenders point out that police have one of the most difficult and dangerous jobs in the United States. (Getty Images/Stephen Maturen)

Those asserting they are victims of police brutality often do not win when they go to court to seek damages. Some legal scholars say Congress should restrict the practice, under a doctrine called qualified immunity, of protecting police officers from liability in citizen lawsuits. The Supreme Court has frequently used the doctrine to rule that aggressive police behavior did not violate suspects' constitutional rights.

Other experts warn that it is hard to judge police officers' actions when they fear suspects can turn violent in seconds. “Part of the problem officers face is that bad actors are more violent than they used to be,” says Chris Balch, an attorney in Atlanta who often represents police.

Police officers have one of the country's most dangerous jobs: 108 died in 2018, up 14 percent from 2017, according to government statistics. Of those 108, 49 died as a result of homicide and six as a result of suicide while on the job.

Given the dangers, police unions work hard to protect their officers from investigations and complaints. Unions “should not be faulted for excelling in their duty to vigorously defend their membership,” said Allison Schaber, president of the Ramsey County Deputy Sheriff's Union in Minnesota. She added that police departments — not unions — are at fault for “keeping ‘bad apples.’”

But many scholars say unions block efforts to reform policing practices.

“Police unions are fundamentally different from other kinds of unions because a threat of a strike is so devastating for the political leadership that they wield a tremendous amount of power,” says Michelle Phelps, a sociology professor at University of Minnesota in Minneapolis and co-author of Breaking the Pendulum: The Long Struggle Over Criminal Justice.

Some criminal justice experts say policing practices will not change until the nation addresses racism embedded in American culture. “We need to reckon with our history of racial injustice,” said civil rights lawyer Bryan Stevenson.

As tensions rise over aggressive policing tactics and Black Lives Matter protests, here are some questions that activists, civil libertarians, police union officials and others are debating:

Should local governments reduce police funding?

Amid protesters' demands to defund the police, the Minneapolis City Council moved this summer to disband its police force and create a Department of Community Safety and Violence that, legally, would not have to include police officers. The city's charter commission, however, said the plan was flawed and needed further study.

The University of Minnesota's Phelps says disbanding police departments is a compelling option. “The slow, piecemeal change that is vigorously resisted by the police unions is not going to get us in any reasonable time frame to the place where we want to be,” she says.

Page 6 of 31 Police Under Scrutiny CQ Researcher

Many defunding advocates cite Camden, N.J., as a success story. The city disbanded its police department and fired all officers in 2013 amid a budget shortfall and rising homicides. A newly created county department instructed its officers to decrease tickets and arrests and build relationships with citizens in Camden, where 40 percent of residents live below the poverty line. Violent crimes decreased 38 percent by 2018.

Protesters urge cities to defund the police during a Sept. 23 march in Chicago. Reformers disagree on what defunding means: Some advocate disbanding police departments, while others want to reduce police budgets. (Getty Images/Natasha Moustache)

But Phelps and others say Camden's approach is not an ideal model. Initially the new force practiced aggressive policing strategies that resulted in high numbers of citations and more excessive-force complaints, said Brendan McQaude, assistant professor of criminology at the University of Southern Maine. Intervention from the NAACP and local activists ultimately helped resolve the problems, but it took years of work.

Many experts also say an entire police force should not be blamed for the actions of a few officers. “Probably less than 1 percent of officers I represent are bad people,” says defense attorney MacMain. “Fundamentally, most people who go into law enforcement are decent and want to do well.”

Many activists want to divert some police funding to other agencies or community groups that they say could better address noncriminal calls or issues involving the mentally ill. A reduced law enforcement footprint would also mean fewer police interactions with the public and fewer opportunities for violent encounters, they say.

Local spending on police has increased an average of 1.2 percent annually over the past 40 years, according to data collected by the Lincoln Institute of Land Policy, a nonprofit based in Cambridge, Mass.

A recent review by The Associated Press found that the defunding campaign has had only a modest effect on police budgets. The Portland City Council in June cut its police budget by 30 percent, or $15 million, by eliminating officers who work in schools, investigate gun violence or patrol the public transit system. Activists wanted $50 million cut.

New York City Mayor Bill de Blasio slashed $1 billion from the city's 2020 $6 billion operating budget for the police department, which has about 36,000 uniformed officers. Critics of the department said the city should have reduced the budget further in order to end “excessive policing.”

But Muhammed of the National Institute for Criminal Justice Reform says he worries some cities are cutting budgets too rashly. “There must be much more thoughtful, structured reallocation and thoughtful, structured reduction of the law footprints,” he says.

Muhammed says an “obvious first step” would be to not respond to nonviolent, noncriminal calls, which account for about 30 percent of all calls to the police department. In Oakland, 2,000 calls are made to 911 daily. Many of the callers “just want a resolution to a problem,” such as screaming or a neighbor's late-night party, he says.

In recent decades, the number of police officers rose as law enforcement duties expanded to include responding to mental health crises and monitoring schools, criminal justice experts say. Local police departments employed about 470,000 officers in 2016, an 11 percent increase since 1997. National data on how police spend their time is scarce, but a 2019 survey found about one-fifth of law enforcement staff time and 10 percent of agencies' budgets in 2017 were spent responding to and transporting people with mental illness.

Many experts agree cities should spend more time and money on the root causes of crime, such as poverty, homelessness and substance abuse.

Phelps says police funds could be diverted to house people, provide a stipend to young men at risk of becoming perpetrators or victims of crime, or hire “violence interrupters” who can intervene in conflicts between citizens and avoid deadly encounters.

Page 7 of 31 Police Under Scrutiny CQ Researcher

A New York City police officer put Eric Garner in a chokehold in 2014, leading to his death. Some experts say bans against such aggressive police tactics are ineffective without other changes, such as improved training. (Screenshot)

Aqeela Sherrills, an activist who helped negotiate a peace treaty between rival Los Angeles gangs in 1992 and has launched several criminal justice reform groups, says George Floyd's alleged use of counterfeit money “was a low-level nonviolent offense that police shouldn't even be called for. Community-based intervention should be called.”

But some officers and experts warn about the dangers of insufficient staff to handle crime. Retired California Highway Patrol officer Lutz questions whether communities have sufficient resources to handle the mentally ill. With few mental health hospitals, the only place to bring the mentally ill is often jail, he says.

Attorney Balch raises similar concerns. “I don't know that social workers could help in drug cases,” he says, adding that perhaps they could help officers calm an individual with mental illness. “But we don't have data on that point,” he says.

MacMain says officers' responsibilities should be reduced, but adds that jurisdictions should consider increasing police salaries in order to recruit and retain good candidates. Lutz agrees. “I didn't get paid enough to get shot at,” he says.

Patrick Yoes, president of the National Fraternal Order of Police, said reforms need to be made, but that some local agencies “truly get it” and already “have the correct mixture of services in support in the community because they built that trust.” He did not specify which.

The evidence “does not support the charge that biased police are systematically killing Black Americans in fatal shootings,” said Heather Mac Donald, a fellow at the conservative Manhattan Institute and author of The War on Cops: How the New Attack on Law and Order Makes Everyone Less Safe. “Ideally officers would never need to take anyone's life. But the data on police killings doesn't support reducing or abolishing law enforcement.”

Would bans on aggressive police tactics reduce the use of deadly force?

In 2019, a California law set a tougher standard on police use of deadly force. Previously, under an 1872 law, officers could use deadly force if it was deemed “reasonable.” The new law says officers can use such force only if it is “necessary” to protect against an imminent threat. The law also requires courts to consider how an officer behaved before he or she used deadly force.

The law came in the wake of protests over the Sacramento County district attorney's decision not to pursue criminal charges against two Sacramento police officers who in 2018 fatally shot Stephon Clark, a 22-year-old unarmed Black man. The district attorney said her decision was based on the existing state law.

Many experts believe California's new law will help reduce deadly police shootings, of which the state had 146 in 2018. Seattle had earlier changed its use of force policy, which resembles California's, to comply with a 2012 consent decree it signed after the U.S. Department of Justice found “a pattern or practice of constitutional violations regarding the use of force that result from structural problems, as well as serious concerns about biased policing.” Seattle police have since reduced the use of moderate and lethal force by 60 percent, according to a court-appointed monitor of the department.

But DeWitt Lacy, a civil rights attorney in Los Angeles, said that under the 2019 California law, police can still argue their behavior was necessary and that the law does not require police to “engage in de-escalating tactics and operate more prudently.”

Former police officer MacMain says many statutes, as well as police department policies, can be vague. And current federal law, interpreted according to the constitutional protection for citizens against “unreasonable searches and seizures,” still says officers may use force that is “reasonable.” But what is “reasonable is a gut feel,” he says. “It's subjective, based on life experiences.” So lawyers still will have difficulty proving excessive force.

Several jurisdictions are moving to bar specific policing tactics, in hopes of preventing fatal encounters. In Louisville, officials banned the use of “no-knock warrants” like the one police used to charge into Breonna Taylor's home. Taylor was killed when police opened fire after her boyfriend fired one shot at the officers. Her boyfriend later told police he thought he was shooting at an intruder.

The Oregon Legislature in August passed a measure barring the police use of chokeholds except for self- defense. “It's long past time we disallowed officers from using chokeholds,” said the bill's sponsor, state Democratic Sen. James Manning. “It's wrong and it can be lethal. It is not a tool to de-escalate. It's a tool to take a life.”

But some experts argue that laws or department policies by themselves are not effective in preventing officers from using aggressive techniques. In 1993, the New York City Police Department banned the use of chokeholds by officers except when an officer's life is in danger. More than two decades later, in July 2014, an officer put Eric Garner, an African American suspected of selling untaxed cigarettes, in a chokehold, killing him. A grand jury did not indict the officer.

“In the end, not any one rule” is going to change police behavior, law professor Yankah says. Instead, not only should training improve but so should recruitment. “We know we are getting people who are predisposed to be aggressive,” he says.

The University of South Carolina's Alpert says the idea that stronger use of force statutes will improve police behavior is “a pipe dream … because it's going to take years to filter down to cops and their behavior.”

“There are 18,000 police departments in America and not everyone gets the same quality training,” particularly on how to assess threats, he says.

James, the National Fraternal Order of Police counsel, says policies that restrict certain tactics can be effective if they are enforced and officers are trained. “If you tell police officers the rules, you consistently and indiscriminately enforce them, then I think you begin to change behavior,” he says.

Page 8 of 31 Police Under Scrutiny CQ Researcher

Some say police unions block changes to officers' behavior, regardless of the rules. At the start of its reform process, Minneapolis hired as its police chief Arradondo, a well-respected Black officer, the University of Minnesota's Phelps says. But the “police union fought tooth and nail” against reforms, she says. When the mayor banned warrior-style training — a tactic that teaches officers to believe threats are always present — union President Bob Kroll announced the union would form its own class for anyone wh

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Stories told through news media and documentary films continually illustrate the inequities in the criminal justice system. In general, these ineq

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