Case Study Police Department Consent Decree/Agreement

CASE STUDY: Police Department Consent Decree/Agreement
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CASE STUDY: Police Department Consent Decree/Agreement
Introduction
The past fifty years have seen the American nature of policing to be under the heavy influence of movements such as community policing, problem-solving, and prevention of crime. It is important to scrutinize the police culture over these years to avoid underestimation of their conduct during operations. Some of the laws that are identified as addressing police misconduct include civil and criminal statutes and usually covers the Federal law enforcement on officers, State, County as well as locals. These laws include Federal Criminal Enforcement, Federal Civil Enforcement “Provision on Police Misconduct”, Title 6 of the Civil Rights Act of 1964 as well as the “OJP Program Statute”, the Title 2 of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. However, despite the existence of these federal laws, there are still numerous problems that pertain to police misconduct across the States (The United States Department of Justice, 2019).
Description of the situation(s) and/or event(s) that led up to DOJ oversight in the form of a consent decree/agreement
The collaborative review as announced by the Justice Department on the conduct of the police was initiated after the revelation by The Baltimore Sun concerning the millions of dollars that were being spent for the purposes of settling the numerous civil rights suits alleging police brutality as well as their misconduct. The Review was expanded by the federal agency after Freddie Gray’s death in police custody in 2015 to encompass a full-scale civil rights investigation. The incident provoked criticism, protests that eventually developed into nasty rioting. In this case, the investigators were tasked to find the existing patterns of unconstitutional as well as discriminatory practices that have taken place over the years (The United States Department of Justice, 2017).
The city of Baltimore and the U.S. Department of Justice signed a consent decree that commits to ensuring that the city sweeps police reforms. This was signed with a focus towards the restoration of community trust in city cops as well as ensuring that they undertake their daily police duties within the confines of the Constitution. The reforms will ensure that there are significant restriction measures on officers amidst battling a two-year spike of violence that includes limits on engagement towards individuals suspected of criminal activities.
In the decree, there is provision for more officer supervision as well as training concerning escalation tactics alongside engaging the youths. These include those with mental illnesses as well as protesters. Ultimately, it leads towards the creation of a special citizen task force that enables the finding of ways that could enhance civilian oversight of the department. The agreement will require that the approval of a federal judge be binding. At the same time, the agreement would ensure that the Baltimore Police Department gains full cooperation of the community in their quest to prevent criminal activities within the city. The consent decree serves as a right step that directs towards the required reforms m that ensures accountability, transparency as well as trust among the communities and the law enforcement (The United States Department of Justice, 2017).
Provisions of the consent decree/agreement
* The agreement requires that officers make the introduction of who they are by name and rank and refrain from the act of using force on those not suspected of a crime
* The officers are also required to fill out forms for each stop, making clear records on the location as well as race, ethnicity, and age of the person stopped
* There should be a task force appointed to study and make recommendations capable of improving the Civilian Review Board, that considers complaints against various officers
* The officers should receive eight hours of training each year on how to better engage the public, work with the community groups as well as engaging neighborhood. This should also include interaction with the young people as well as members of the LGBT community, the mentally ill and the homeless.
* There should be elaborate notification of the supervisor before an officer makes an arrest on minor charges, that includes obstruction, hindering or resisting an officer, disorderly conduct, failure towards obeying an officer, gambling, making false statement or trespassing.
* Efforts towards coordination with Baltimore City Public Schools police
* Improvement in the training that entails sexual assault detectives as well as an increase in the oversight of the ongoing investigations.
* The officers carrying fire-arms should also carry one less-lethal weapon.
* That all vans, as well as police cruisers, have the functioning seat belts, and that all people detained be secured with them while being transported.
* There should be easier methods for filing complaints, that includes a 24-hour hotline
* There should be significant upgrades to the department’s technology
Actions and changes required of the Department
Some of the changes required of the department entail the following:
* The officers are prohibited from using chokeholds or neck-holds unless in the deadly force is authorized and no other alternative exists.
* The officers are prohibited from basing an investigatory stop or detention “only on an individual’s response to the presence of police officers, such as an individual’s attempt to avoid contact with an officer.”
* Stopping and detaining people who are in the company of others suspected of a crime without being able to make a case that the person has committed a crime or is about to
* Frisking a person without making the case that the person is dangerous, or frisking or searching LGBT people for the reas...