Gavin Howe
Citizens play a crucial role in influencing change in law enforcement, as evidenced by the mass movement sparked by the police killing of George Floyd, which brought attention to police brutality against Black Americans and intensified calls for systemic reform in American policing. The movement led to significant changes, with at least 30 states and Washington, D.C., enacting legislative policing reforms, and citizens driving change through ballot initiatives that strengthened law enforcement oversight. Additionally, cities like San Francisco and Berkeley took steps to limit law enforcement involvement in certain areas, such as behavioral health calls and low-level traffic stops. These examples demonstrate that citizens can actively shape law enforcement policies and practices, holding them accountable and ensuring they serve the needs of the communities they protect.
| Characteristics | Values |
|---|---|
| Police killings of unarmed Black Americans | George Floyd, Philando Castile, Breonna Taylor |
| Police violence against Black Americans | Calls for systemic change in American policing |
| Racial oppression and dehumanization of people of color | Black people make up 13% of the US, but face 21% of police contact and are over 3 times more likely to be killed by police than white people |
| Police accountability | Section 1983 of the Enforcement Act of 1871 states that any state actor, like a police officer, is liable for "the deprivation of any rights" of citizens |
| Qualified immunity | A judicial doctrine shielding police officers from liability when they break the law; amended by the Supreme Court in the 1960s to refer to "clearly established" rights, creating a higher bar for proving wrongdoing |
| Use of force standards | Many states have restricted or clarified the types and circumstances of force permitted, emphasizing deadly force as a last resort |
| Chokehold bans | Restricted or banned in many places, but asphyxiation accounts for less than 1% of law enforcement killings |
| Duty to intervene and report policies | Many police departments have these in place, but they may be undermined by police unions and contracts |
| Decertification | Processes strengthened, but may be undermined by police unions and contracts |
| Ballot initiatives | Citizens have driven changes through the ballot box, with at least 18 ballot initiatives strengthening law enforcement oversight nationwide |
| State legislative reforms | At least 30 states and Washington, DC, enacted one or more statewide legislative policing reforms for greater policy uniformity |
| Crisis response teams | San Francisco launched teams to respond to behavioral health calls instead of police |
| Limited law enforcement involvement | Berkeley voted to limit police involvement in low-level traffic stops |
| Ending police presence in schools | Minneapolis and other cities committed to ending or reducing police presence in schools |
| Ending qualified immunity | New York City became the first municipality to end qualified immunity for officers, joining Colorado |
| Community collaboration | Increased communication and collaboration between communities and police departments can lead to positive views of police effectiveness and legitimacy |
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What You'll Learn
- Citizens can vote for change through ballot initiatives to strengthen oversight
- Communities can collaborate with law enforcement to serve residents' needs
- Citizens can advocate for restricting or banning certain force techniques (e.g. chokeholds)
- Police departments can improve their websites and social media to engage citizens
- The federal government can investigate police departments for misconduct
Citizens can vote for change through ballot initiatives to strengthen oversight
Citizens can play a crucial role in influencing change in law enforcement through ballot initiatives, which provide a mechanism for direct democracy and allow citizens to enact statutes, amend constitutions, or reject recently passed legislation. This process empowers citizens to bypass legislators and officials and make their voices heard directly. Ballot initiatives are particularly effective in holding law enforcement accountable and strengthening oversight by implementing specific measures.
In the United States, the concept of direct democracy through ballot initiatives varies across states. While some states have added direct democracy provisions to their constitutions, allowing citizens to propose and pass laws directly, others have a more indirect process where the legislature refers statutes or constitutional changes for a popular vote. Nonetheless, ballot initiatives provide citizens with a powerful tool to drive change and strengthen oversight in law enforcement.
For example, citizens can propose and vote for initiatives that increase transparency and accountability in law enforcement agencies. This could include measures such as mandatory body-worn camera policies for police officers, independent investigation procedures for misconduct complaints, or the establishment of community oversight boards with decision-making authority. By utilizing ballot initiatives, citizens can ensure that their preferred policies are translated into law, even in the face of legislative gerrymandering or unresponsive representatives.
Additionally, ballot initiatives can address specific issues within law enforcement. For instance, citizens can propose initiatives to regulate gun purchases and ownership, set standards for de-escalation tactics and officer discretion, or mandate implicit bias training for officers. They can also address issues related to police union contracts and liability protections, disciplinary procedures, and the handling of misconduct cases. By voting for these initiatives, citizens can directly impact the practices and culture of law enforcement agencies, promoting much-needed reforms and strengthening oversight mechanisms.
However, it is important to note that there are debates and challenges surrounding ballot initiatives. Some argue that the process should be regulated to balance majoritarian democracy with adequate deliberation and stability in the law. Additionally, state courts play a crucial role in overseeing ballot initiatives, ensuring compliance with constitutional rights and state law. Despite these considerations, ballot initiatives remain a powerful tool for citizens to drive change and strengthen oversight in law enforcement, allowing them to bypass legislative roadblocks and directly shape the laws that govern their communities.
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Communities can collaborate with law enforcement to serve residents' needs
Police and community members are intertwined, and both are essential stakeholders in debates surrounding police reform. Communities can take steps to collaborate with law enforcement to best serve the needs of residents.
One way to do this is through community meetings, where stakeholders, business owners, and church groups can engage with local government and law enforcement to help solve community issues. Law enforcement agencies may also seek community member input through surveys to guide community policing efforts.
Another way is through citizen volunteers who can supplement and support officers and civilian personnel. Volunteers can perform clerical tasks, assist with search and rescue activities, write citations, patrol, report quality-of-life issues, and more. Citizens can also serve on advisory boards to help implement effective strategies to reduce crime and improve perceptions of law enforcement.
Community members can also participate in neighborhood watch groups to help maintain public safety. Classroom information sessions and citizen police academies can help residents learn about the values, mission, and operations of their local law enforcement agencies, as well as understand the different aspects of an officer's job.
Additionally, community members can provide feedback by complimenting positive interactions with officers or filing complaints or questions. Programs like the Strengthening Police and Community Partnerships (SPCP) facilitate dialogue between law enforcement and community leaders to identify issues and develop solutions to improve partnerships and public safety.
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Citizens can advocate for restricting or banning certain force techniques (e.g. chokeholds)
Citizens play a crucial role in influencing change and advocating for reforms in law enforcement practices, including the restriction or banning of certain force techniques such as chokeholds. Chokeholds, defined by the SCRJ Model Policy as "lethal hands-on maneuvers that may cut off the supply of blood and oxygen to the brain," have been the cause of numerous tragic incidents, including the deaths of Tashii Farmer, Eric Garner, George Floyd, and many others.
Public pressure and advocacy from citizens have led to significant progress in banning chokeholds. Following George Floyd's murder, at least 17 states banned chokeholds, a significant increase from only two states prior. Additionally, police departments in major cities such as New York, Philadelphia, Chicago, and Houston have prohibited chokeholds. These bans are a direct response to public outcry and the efforts of citizens demanding change to protect their communities.
Citizens can continue to advocate for restricting or banning chokeholds by engaging with local communities and law enforcement agencies. This includes participating in community-police collaborations, attending town hall meetings, and joining discussions on police reform. Citizens can also support organizations dedicated to police reform and racial justice, such as the Stanford Center for Racial Justice, which has developed the Model Use of Force Policy, prohibiting chokeholds and providing guidelines for fair and equitable policing practices.
Another way citizens can influence change is by contacting their local, state, and federal lawmakers, urging them to implement chokehold bans and hold law enforcement accountable. This can be done through phone calls, emails, or written letters. Citizens can also sign petitions and participate in peaceful protests to demonstrate their support for banning chokeholds and promoting alternative, less harmful restraint techniques.
Furthermore, citizens can use their voting power to elect officials who support police reform and chokehold bans. By voting for representatives who prioritize community safety and equitable law enforcement practices, citizens can ensure that their voices are heard and reflected in policy decisions. Additionally, citizens can engage with police department websites and social media accounts to stay informed about police activities and provide feedback or suggestions for improvement.
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Police departments can improve their websites and social media to engage citizens
Police departments can improve their websites and social media presence to better engage with citizens and build trust. Firstly, police departments should ensure their websites are user-friendly and easily accessible. This includes having a well-organized layout with clear categories for different types of information, such as programs, services, and contact details.
Additionally, police departments should utilize social media platforms to their advantage. Social media allows for direct-to-citizen outreach and can help police departments connect with citizens, especially those who may not typically interact with law enforcement. Platforms such as Facebook, Twitter, YouTube, and Instagram are effective tools for crisis communications, sharing information, and gathering insights from the public to aid investigations. For example, the Philadelphia Police Department has achieved a 25% case clearance rate since launching its YouTube channel in 2010.
Police departments can also use social media to showcase their human side and boost the morale of officers, as seen with the Seal Beach Police Department in California, which gained attention, especially from younger audiences, through its controversial yet engaging posts. However, it is important to maintain a professional image, as the same department also received criticism for its "unprofessional" conduct on social media.
Furthermore, police departments should recognize the impact of social media on information dissemination. With the widespread use of smartphones, "citizen journalists" can quickly broadcast details about critical incidents, potentially spreading unsubstantiated claims, as seen in the 2014 shooting of Michael Brown in Ferguson, Missouri. Therefore, police departments need to be proactive and responsive on social media to provide accurate and timely information to the public.
Overall, by enhancing their websites and strategic use of social media, police departments can improve citizen engagement, foster trust, and ultimately, collaborate more effectively with their communities.
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The federal government can investigate police departments for misconduct
The Department of Justice (DOJ) is responsible for investigating and prosecuting allegations of police misconduct. This includes violations of constitutional rights, such as the use of excessive force, sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or substantial risk of harm to a person in custody. The DOJ also prosecutes instances of obstruction of justice related to misconduct allegations, such as witness tampering or evidence fabrication.
Federal laws addressing police misconduct include criminal and civil statutes that cover the actions of state, county, and local officers, as well as federal law enforcement officers. These laws protect all persons in the United States, regardless of citizenship status. In criminal cases, the DOJ brings charges against the accused, seeking to punish wrongdoing through imprisonment or other sanctions. In civil cases, the DOJ focuses on correcting the policies and practices that led to the misconduct and may require remedial relief for victims.
The DOJ's investigations into police misconduct have led to significant reforms in police practices across the country. For example, the Justice Department concluded a four-year investigation into the Los Angeles Police Department, finding that they had employed excessive force and violated the rights of minorities. The federal government negotiated with the city to implement 80-plus recommendations for reform. Similar investigations have taken place in other municipalities, including New Jersey, Ohio, Pennsylvania, Maryland, Florida, and Michigan.
To further enhance oversight and accountability, some have recommended the appointment of independent prosecutors or auditors to handle police misconduct cases. The use of federal monitors to analyze issues in individual jurisdictions has also been suggested as a way to identify circumstances requiring additional action. While there may be resistance to federal oversight, it has the potential to drive necessary changes and reduce the frequency of misconduct and brutality cases.
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Frequently asked questions
Citizens can drive changes through the ballot box, with ballot initiatives that strengthen law enforcement oversight. They can also push for legislative policing reforms at the state level, ensuring greater policy uniformity within each jurisdiction.
Following the police killing of George Floyd, citizens across the United States advocated for systemic change in American policing. As a result, at least 30 states and Washington, DC, enacted legislative policing reforms. Some specific examples include:
- San Francisco launched crisis response teams to handle behavioral health calls instead of the police.
- Berkeley limited law enforcement involvement in low-level traffic stops.
- Minneapolis and other cities committed to reducing police presence in schools.
- New York City became the first municipality to end qualified immunity for officers.
Citizens can increase communication with police departments and collaborate with law enforcement to serve the needs of their communities. They can also advocate for changes in police training and the removal of protections for officers who use their discretion in dangerous situations, such as qualified immunity.
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