Police Reform Strategies

Organizational Reform Options

• Police can shift away from social welfare roles, focusing on core law enforcement tasks and transferring social services to specialized agencies.
• Law enforcement can partner with agencies specializing in mental health or social services to address issues like homelessness, mental health crises, and addiction.
• Police departments can specialize in areas like drug enforcement or community policing to enhance focus and effectiveness.
• Civilianizing roles frees up officers by having civilians handle administrative, support, or non-enforcement tasks.

Police Reform Legal Terms

• A Pattern or Practice Program is a system designed to identify and correct unconstitutional police practices.
• A Consent Decree is a court-approved agreement between the government and a police department to resolve a lawsuit and implement reforms.
• A Memorandum of Agreement (MOA) represents a written agreement between parties to address issues, such as reforms, without court intervention.
• A Technical Assistance Letter offers guidance from an oversight body to law enforcement agencies on best practices.

Perspectives on Policing and Reform

• The Abolitionist "Defund" Perspective advocates for significantly reducing police funding and reallocating resources to community-based services.
• The Upstream "Defund" Perspective prioritizes addressing the root causes of crime by investing in social support programs.
• Evidence-Based Policing emphasizes the use of scientific research to determine the most effective policing methods.
• "Dishonest" law enforcement maintains the status quo, often avoiding reform, while "honest" law enforcement actively pursues accountability and reform.

Key Legal Cases & Concepts

• Graham v. Connor established the "objective reasonableness" standard; police actions are evaluated from the perspective of a reasonable officer at the time, without hindsight.
• Tennessee v. Garner: Deadly force cannot be used against a fleeing suspect unless they pose a significant threat of death or serious harm.
• Deadly Force (or Lethal Force) is force likely to cause serious injury or death; it can only be used when a suspect poses an imminent threat to life.
• Coercive Force is the use of force to compel an individual to comply with a legal command.
• Suicide by Cop is a situation where an individual acts in a manner that compels police to use deadly force, intending to end their life.
• Objective Reasonableness Standard: The use of force by police is evaluated based on the severity of the crime, immediate threat to safety, and whether the suspect is resisting or fleeing.
• Qualified Immunity shields government officials, including police, from liability unless they violated "clearly established" law.

Exclusionary Rule

• Evidence obtained in violation of a defendant's constitutional rights is inadmissible in court.
• The purpose is to deter police misconduct.
• Three justifications:
  • Protecting against unreasonable seizures and coerced confessions (Constitutional Right).
  • Ensuring courts do not condone illegal police conduct (Judicial Integrity).
  • Discouraging police from violating constitutional rights (Deterrence).
• Collateral Use: Illegally obtained evidence can sometimes be used in hearings other than the main criminal case.
• Exceptions to the Exclusionary Rule:
  • Independent Source Doctrine (Murray v. United States, 1988): Evidence from a source independent of the illegal search is admissible.
  • Inevitable Discovery Doctrine (Nix v. Williams): Evidence that would have been discovered legally is admissible.
  • Good Faith Exception: Evidence obtained by officers acting in good faith may be admissible, even if the warrant is later found defective.

Key Legal Doctrines and Standards

• Graham v. Connor & Tennessee v. Garner Key Takeaways:
  • Police use of force is governed by the Fourth Amendment, which requires that force be objectively reasonable.
  • Police may only use deadly force if the suspect poses an immediate threat of serious harm to officers or others.
• Lethal Force Use: An officer can use lethal force if they have probable cause to believe the suspect poses a significant threat of death or serious bodily harm.

Collins v. Virginia (2018)

• The Supreme Court ruled that a warrantless search of a vehicle in a private driveway violated the Fourth Amendment.
• The vehicle exception did not apply, as the vehicle was parked in a private area.
• If an initial stop was unconstitutional (no probable cause or warrant), the evidence (e.g., a gun) is likely inadmissible under the exclusionary rule unless an exception applies.