Final Report of the President's Task Force on 21st Century Policing PDF

FINAL REPORT OF MAY 2015 Recommended citation: President’s Task Force on 21st Century Policing. 2015. Final Report of the President’s Task Force on 21st Century Policing. Washington, DC: Office of Community Oriented Policing Services. Published 2015 CONTENTS ­­ i ­­ We wish t...

FINAL REPORT OF MAY 2015 Recommended citation: President’s Task Force on 21st Century Policing. 2015. Final Report of the President’s Task Force on 21st Century Policing. Washington, DC: Office of Community Oriented Policing Services. Published 2015 CONTENTS ­­ i ­­ We wish to thank President Barack Obama for giving us the honor and privilege of leading his Task Force on 21st Century Policing. The task force was created to strengthen community policing and trust among law enforcement officers and the communities they serve—especially in light of recent events around the country that have underscored the need for and importance of lasting collaborative relationships between local police and the public. We found engaging with law enforcement officials, technical advi- sors, youth and community leaders, and nongovernmental organizations through a transparent public process to be both enlightening and rewarding, and we again thank the President for this honor. Given the urgency of these issues, the President gave the task force an initial 90 days to identify best policing practices and offer recommendations on how those practices can promote effective crime reduction while building public trust. In this short period, the task force conducted seven public listen- ing sessions across the country and received testimony and recommendations from a wide range of community and faith leaders, law enforcement officers, academics, and others to ensure its recommen- dations would be informed by a diverse range of voices. Such a remarkable achievement could not have been accomplished without the tremendous assistance provided by the U.S. Department of Justice’s Office of Community Oriented Policing Services (COPS Office), led by Director Ronald L. Davis, who also served as the executive director of the task force. We thank Director Davis for his leadership, as well as his chief of staff, Melanca Clark, and the COPS Office team that supported the operation and administration of the task force. We also wish to extend our appreciation to the COPS Office’s extremely capable logistical and technical assistance provider, Strategic Applications International (SAI), led by James and Colleen Copple. In ad- dition to logistical support, SAI digested the voluminous information received from testifying witnesses and the public in record time and helped facilitate the task force’s deliberations on recommendations for the President. We are also grateful for the thoughtful assistance of Darrel Stephens and Stephen Rick- man, our technical advisors. Most important, we would especially like to thank the hundreds of community members, law en- forcement officers and executives, associations and stakeholders, researchers and academics, and civic leaders nationwide who stepped forward to support the efforts of the task force and to lend their experience and expertise during the development of the recommendations contained in this report. The passion and commitment shared by all to building strong relationships between law enforcement and communities became a continual source of inspiration and encouragement to the task force. The dedication of our fellow task force members and their commitment to the process of arriving at consensus around these recommendations is also worth acknowledging. The task force members brought diverse perspectives to the table and were able to come together to engage in meaningful dialogue on emotionally charged issues in a respectful and effective manner. We believe the type of constructive dialogue we have engaged in should serve as an example of the type of dialogue that must occur in communities throughout the nation. iii Final Report of the President’s Task Force on 21st Century Policing While much work remains to be done to address many longstanding issues and challenges—not only within the field of law enforcement but also within the broader criminal justice system—this experience has demonstrated to us that Americans are, by nature, problem solvers. It is our hope that the recom- mendations included here will meaningfully contribute to our nation’s efforts to increase trust between law enforcement and the communities they protect and serve. Charles H. Ramsey Laurie O. Robinson Co-Chair Co-Chair iv President Barack Obama joins members of the President’s Task Force on 21st Century Policing for a group photo in the Oval Office, March 2, 2015. OFFICIAL WHITE HOUSE PHOTO BY PETE SOUZA M E M B E R S O F T H E TA S K F O R C E Co-Chairs Charles Ramsey, Commissioner, Philadelphia Police Department Laurie Robinson, Professor, George Mason University Members Cedric L. Alexander, Deputy Chief Operating Officer for Public Safety, DeKalb County, Georgia Jose Lopez, Lead Organizer, Make the Road New York Tracey L. Meares, Walton Hale Hamilton Professor of Law, Yale Law School Brittany N. Packnett, Executive Director, Teach For America, St. Louis, Missouri Susan Lee Rahr, Executive Director, Washington State Criminal Justice Training Commission Constance Rice, Co-Director, Advancement Project Sean Michael Smoot, Director and Chief Counsel, Police Benevolent & Protective Association of Illinois Bryan Stevenson, Founder and Executive Director, Equal Justice Initiative Roberto Villaseñor, Chief of Police, Tucson Police Department v PHOTO: BRANDON TRAMEL TA S K F O R C E S TA F F The U.S. Department of Justice’s Office of Community Oriented Policing Services, led by Director Ronald L. Davis, provided administrative services, funds, facilities, staff, equipment, and other support services as necessary for the task force to carry out its mission: Executive Director Ronald L. Davis Chief of Staff Melanca Clark Communications Director Silas Darden (Office of Justice Programs) General Counsel Charlotte Grzebien External Affairs Liaison Danielle Ouellette External Affairs Liaison Sheryl Thomas Legislative Liaison Shannon Long Project Manager Deborah Spence Senior Policy Advisor Katherine McQuay Site Manager Laurel Matthews Special Assistant Michael Franko Special Assistant Jennifer Rosenberger Writer Janice Delaney (Office of Justice Programs) Writer Faye Elkins Strategic Applications International (SAI):1 James Copple, Colleen Copple, Jessica Drake, Jason Drake, Steven Minson, Letitia Harmon, Anthony Coulson, Mike McCormack, Shawnee Bigelow, Monica Palacio, and Adrienne Semidey Technical Advisors: Stephen Rickman and Darrel Stephens Consultant Research Assistants: Jan Hudson, Yasemin Irvin-Erickson, Katie Jares, Erin Kearns, Belen Lowrey, and Kristina Lugo 1. SAI provided technical and logistical support through a cooperative agreement with the COPS Office. vii ACKNOWLEDGMENTS The task force received support from other components of the U.S. Department of Justice, including the Office of Justice Programs, led by Assistant Attorney General Karol Mason, and the Civil Rights Division, led by Acting Assistant Attorney General Vanita Gupta. The following individuals from across the U.S. Department of Justice also assisted the task force in its work: Eric Agner, Amin Aminfar, Pete Brien, Pamela Cammarata, Erin Canning, Ed Chung, Caitlin Currie, Shanetta Cutlar, Melissa Fox, Shirlethia Franklin, Ann Hamilton, Najla Haywood, Esteban Hernandez, Natalie Hopewell, Arthur Gary, Tammie Gregg, Richard Hughes, Valerie Jordan, Mark Kappelhoff, John Kim, Kevin Lewis, Robert Listenbee, Cynthia Pappas, Scott Pestridge, Channing Phillips, Melissa Randolph, Margaret Richardson, Janice Rodgers, Elizabeth Simpson, Jonathan Smith, Brandon Tramel, Donte Turner, and Miriam Vogel. ix Final Report of the President’s Task Force on 21st Century Policing Cincinnati Police Chief Jeffrey Blackwell welcomes the task force to the University of Cincinnati, January 30, 2015. PHOTO: DEBORAH SPENCE EXECUTIVE SUMMARY Trust between law enforcement agencies and pose reforms; as a corollary to this effort, the task the people they protect and serve is essential in a force also recommends that the President support democracy. It is key to the stability of our communi- programs that take a comprehensive and inclusive ties, the integrity of our criminal justice system, and look at community-based initiatives addressing the safe and effective delivery of policing services. core issues such as poverty, education, and health and safety. In light of recent events that have exposed rifts in the relationships between local police and the communities they protect and serve, on Decem- Pillar One: Building Trust ber 18, 2014, President Barack Obama signed an and Legitimacy executive order establishing the Task Force on 21st Building trust and nurturing legitimacy on both Century Policing. The President charged the task sides of the police/citizen divide is the founda- force with identifying best practices and offering tional principle underlying the nature of relations recommendations on how policing practices can between law enforcement agencies and the promote effective crime reduction while building communities they serve. Decades of research public trust. and practice support the premise that people are This executive summary provides an overview more likely to obey the law when they believe that of the recommendations of the task force, which those who are enforcing it have authority that is met seven times in January and February of 2015. perceived as legitimate by those subject to the These listening sessions, held in Washington, D.C.; authority. The public confers legitimacy only on Phoenix, Arizona; and Cincinnati, Ohio, brought those whom they believe are acting in procedur- the 11 members of the task force together with ally just ways. In addition, law enforcement cannot more than 100 individuals from diverse stakeholder build community trust if it is seen as an occupying groups—law enforcement officers and executives, force coming in from outside to impose control on community members, civic leaders, advocates, the community. Pillar one seeks to provide focused researchers, academics, and others—in addition to recommendations on building this relationship. many others who submitted written testimony to Law enforcement culture should embrace a guard- study the problems from all perspectives. ian—rather than a warrior—mindset to build trust The task force recommendations, each with action and legitimacy both within agencies and with items, are organized around six main topic areas or the public. Toward that end, law enforcement “pillars:” Building Trust and Legitimacy, Policy and agencies should adopt procedural justice as the Oversight, Technology and Social Media, Commu- guiding principle for internal and external policies nity Policing and Crime Reduction, Officer Training and practices to guide their interactions with rank and Education, and Officer Safety and Wellness. and file officers and with the citizens they serve. Law enforcement agencies should also establish The task force also offered two overarching rec- a culture of transparency and accountability to ommendations: the President should support the build public trust and legitimacy. This is critical to creation of a National Crime and Justice Task Force ensuring decision making is understood and in to examine all areas of criminal justice and pro- accord with stated policy. 1 Final Report of the President’s Task Force on 21st Century Policing Law enforcement agencies should also proactively data on all parties involved. All policies and promote public trust by initiating positive non- aggregate data should be made publicly available enforcement activities to engage communities to ensure transparency. that typically have high rates of investigative and enforcement involvement with government agen- To ensure policies are maintained and current, cies. Law enforcement agencies should also track law enforcement agencies are encouraged to and analyze the level of trust communities have in periodically review policies and procedures, police just as they measure changes in crime. This conduct nonpunitive peer reviews of critical can be accomplished through consistent annual incidents separate from criminal and administra- community surveys. Finally, law enforcement tive investigations, and establish civilian oversight agencies should strive to create a workforce that mechanisms with their communities. encompasses a broad range of diversity including Finally, to assist law enforcement and the com- race, gender, language, life experience, and cul- munity achieve the elements of pillar two, the tural background to improve understanding and U.S. Department of Justice, through the Office effectiveness in dealing with all communities. of Community Oriented Policing Services (COPS Office) and Office of Justice Programs (OJP), should Pillar Two: Policy and Oversight provide technical assistance and incentive funding to jurisdictions with small police agencies that take Pillar two emphasizes that if police are to carry out steps toward interagency collaboration, shared their responsibilities according to established poli- services, and regional training. They should also cies, those policies must reflect community values. partner with the International Association of Direc- Law enforcement agencies should collaborate with tors of Law Enforcement Standards and Training community members, especially in communities (IADLEST) to expand its National Decertification and neighborhoods disproportionately affected Index to serve as the National Register of Decerti- by crime, to develop policies and strategies for fied Officers with the goal of covering all agencies deploying resources that aim to reduce crime by within the United States and its territories. improving relationships, increasing community engagement, and fostering cooperation. Pillar Three: Technology & To achieve this end, law enforcement agencies Social Media should have clear and comprehensive policies on the use of force (including training on the im- The use of technology can improve policing practic- portance of de-escalation), mass demonstrations es and build community trust and legitimacy, but its (including the appropriate use of equipment, implementation must be built on a defined policy particularly rifles and armored personnel carriers), framework with its purposes and goals clearly de- consent before searches, gender identification, lineated. Implementing new technologies can give racial profiling, and performance measures— police departments an opportunity to fully engage among others such as external and independent and educate communities in a dialogue about their investigations and prosecutions of officer-involved expectations for transparency, accountability, and shootings and other use of force situations and privacy. But technology changes quickly in terms in-custody deaths. These policies should also in- of new hardware, software, and other options. Law clude provisions for the collection of demographic enforcement agencies and leaders need to be able 2  Executive Summary to identify, assess, and evaluate new technology munity engagement in managing public safety. for adoption and do so in ways that improve their Law enforcement agencies should also engage in effectiveness, efficiency, and evolution without multidisciplinary, community team approaches for infringing on individual rights. planning, implementing, and responding to crisis situations with complex causal factors. Pillar three guides the implementation, use, and evaluation of technology and social media by law Communities should support a culture and enforcement agencies. To build a solid foundation practice of policing that reflects the values of for law enforcement agencies in this field, the U.S. protection and promotion of the dignity of all— Department of Justice, in consultation with the especially the most vulnerable, such as children law enforcement field, should establish national and youth most at risk for crime or violence. Law standards for the research and development of enforcement agencies should avoid using law new technology including auditory, visual, and bio- enforcement tactics that unnecessarily stigmatize metric data, “less than lethal” technology, and the youth and marginalize their participation in schools development of segregated radio spectrum such (where law enforcement officers should have limit- as FirstNet. These standards should also address ed involvement in discipline) and communities. In compatibility, interoperability, and implementation addition, communities need to affirm and recog- needs both within local law enforcement agencies nize the voices of youth in community decision and across agencies and jurisdictions and should making, facilitate youth participation in research maintain civil and human rights protections. Law and problem solving, and develop and fund youth enforcement implementation of technology leadership training and life skills through positive should be designed considering local needs and youth/police collaboration and interactions. aligned with these national standards. Finally, law enforcement agencies should adopt model policies and best practices for technology-based Pillar Five: Training & Education community engagement that increases communi- As our nation becomes more pluralistic and ty trust and access. the scope of law enforcement’s responsibilities expands, the need for expanded and more effective training has become critical. Today’s line Pillar Four: Community Policing & officers and leaders must be trained and capable Crime Reduction to address a wide variety of challenges including Pillar four focuses on the importance of com- international terrorism, evolving technologies, munity policing as a guiding philosophy for all rising immigration, changing laws, new cultural stakeholders. Community policing emphasizes mores, and a growing mental health crisis. working with neighborhood residents to co- Pillar five focuses on the training and education produce public safety. Law enforcement agencies needs of law enforcement. To ensure the high should, therefore, work with community residents quality and effectiveness of training and educa- to identify problems and collaborate on imple- tion, law enforcement agencies should engage menting solutions that produce meaningful results community members, particularly those with spe- for the community. Specifically, law enforcement cial expertise, in the training process and provide agencies should develop and adopt policies and leadership training to all personnel throughout strategies that reinforce the importance of com- their careers. 3 Final Report of the President’s Task Force on 21st Century Policing To further assist the training and educational Law enforcement agencies should also promote needs of law enforcement, the Federal Gov- wellness and safety at every level of the organiza- ernment should support the development of tion. For instance, every law enforcement officer partnerships with training facilities across the should be provided with individual tactical first aid country to promote consistent standards for high kits and training as well as anti-ballistic vests. In quality training and establish training innovation addition, law enforcement agencies should adopt hubs involving universities and police academies. policies that require officers to wear seat belts and A national postgraduate institute of policing for bullet-proof vests and provide training to raise senior executives should be created with a stan- awareness of the consequences of failure to do so. dardized curriculum preparing participants to lead Internal procedural justice principles should be ad- agencies in the 21st century. opted for all internal policies and interactions. The Federal Government should develop programs One specific method of increasing the quality of to provide financial support for law enforcement training would be to ensure that Peace Officer officers to continue to pursue educational op- and Standards Training (POST) boards include portunities. Finally, Congress should develop and mandatory Crisis Intervention Training (CIT), which enact peer review error management legislation. equips officers to deal with individuals in crisis or living with mental disabilities, as part of both basic recruit and in-service officer training—as well as Implementation Recommendations instruction in disease of addiction, implicit bias The administration, through policies and practices and cultural responsiveness, policing in a dem- already in place, can start right now to move ocratic society, procedural justice, and effective forward on the recommendations contained in social interaction and tactical skills. this report. The President should direct all federal law enforcement agencies to implement the task Pillar Six: Officer Wellness & Safety force recommendations to the extent practica- ble, and the U.S. Department of Justice should The wellness and safety of law enforcement explore public-private partnership opportunities officers is critical not only for the officers, their with foundations to advance implementation of colleagues, and their agencies but also to public the recommendations. Finally, the COPS Office safety. Pillar six emphasizes the support and prop- and OJP should take a series of targeted actions er implementation of officer wellness and safety as to assist the law enforcement field in addressing a multi-partner effort. current and future challenges. The U.S. Department of Justice should enhance and further promote its multi-faceted officer safety Conclusion and wellness initiative. Two specific strategies recommended for the U.S. Department of Justice The members of the Task Force on 21st Century include (1) encouraging and assisting departments Policing are convinced that the concrete recom- in the implementation of scientifically supported mendations contained in this publication will shift lengths by law enforcement and (2) expand- bring long-term improvements to the ways in ing efforts to collect and analyze data not only on which law enforcement agencies interact with and officer deaths but also on injuries and “near misses.” bring positive change to their communities. 4 INTRODUCTION “When any part of the American family does not feel like it is being treated fairly, that’s a problem for all of us.” —President Barack Obama Trust between law enforcement agencies and These remarks underpin the philosophical the people they protect and serve is essential foundation for the Task Force on 21st Century in a democracy. It is key to the stability of our Policing: to build trust between citizens and their communities, the integrity of our criminal justice peace officers so that all components of a com- system, and the safe and effective delivery of munity are treating one another fairly and justly policing services. and are invested in maintaining public safety in an atmosphere of mutual respect. Decades of In light of the recent events that have exposed research and practice tell us that the public cares rifts in the relationships between local police and as much about how police interact with them as the communities they protect and serve, on De- they care about the outcomes that legal actions cember 18, 2014, President Barack Obama signed produce. People are more likely to obey the law Executive Order 13684 establishing the Task Force when they believe those who are enforcing it on 21st Century Policing. have the right—the legitimate authority—to tell In establishing the task force, the President spoke them what to do.2 Building trust and legitimacy, of the distrust that exists between too many therefore, is not just a policing issue. It involves all police departments and too many communi- components of the criminal justice system and ties—the sense that in a country where our basic is inextricably bound to bedrock issues affecting principle is equality under the law, too many the community such as poverty, education, and individuals, particularly young people of color, do public health. not feel as if they are being treated fairly. The mission of the task force was to examine ways “When any part of the American family does not of fostering strong, collaborative relationships feel like it is being treated fairly, that’s a problem between local law enforcement and the commu- for all of us,” said the President. “It’s not just a nities they protect and to make recommendations problem for some. It’s not just a problem for a to the President on ways policing practices can particular community or a particular demographic. promote effective crime reduction while building It means that we are not as strong as a country public trust. The President selected members of as we can be. And when applied to the criminal the task force based on their ability to contribute justice system, it means we’re not as effective in to its mission because of their relevant perspec- fighting crime as we could be.” tive, experience, or subject matter expertise in policing, law enforcement and community relations, civil rights, and civil liberties. 2. T.R. Tyler, Why People Obey the Law (New Haven, CT: Yale University Press, 1990); M.S. Frazer, The Impact of the Community Court Model on Defendant Perceptions of Fairness: A Case Study at the Red Hook Community Justice Center (New York: Center for Court Innovation, 2006). 5 Final Report of the President’s Task Force on 21st Century Policing The task force was given 90 days to conduct licing” in its historical and contemporary contexts, hearings, review the research, and make recom- defining the difference between implicit bias and mendations to the President, so its focus was racial discrimination—two concepts at the heart sharp and necessarily limited. It concentrated of perceived difficulties between police and the on defining the cross-cutting issues affecting people. Witnesses from community organizations police-community interactions, questioning stressed the need for more police involvement in the contemporary relevance and truth about community affairs as an essential component of long-held assumptions regarding the nature and their crime fighting duties. Police officers gave the methods of policing, and identifying the areas beat cop’s perspective on protecting people who where research is needed to highlight examples do not respect their authority, and three big-city of evidence-based policing practices compatible mayors told of endemic budgetary obstacles to with present realities. addressing policing challenges. To fulfill this mission, the task force convened sev- The session on Policy and Oversight again brought en listening sessions to hear testimony—including witnesses from diverse police forces (both chiefs recommendations for action—from government and union representatives), from law and academia, officials; law enforcement officers; academic ex- and from established civil rights organizations and perts; technical advisors; leaders from established grass-root groups. They discussed use of force from nongovernmental organizations, including grass- the point of view of both research and policy and roots movements; and any other members of the internal and external oversight; explained how they public who wished to comment. The listening prepare for and handle mass demonstrations; and sessions were held in Washington, D.C., January 13; pondered culture and diversity in law enforcement. Cincinnati, Ohio, January 30–31; Phoenix, Arizona, Witnesses filled the third session, on Technology February 13–14; and again in Washington, D.C., and Social Media, with testimony on the use of February 23–24. Other forms of outreach included body-worn cameras and other technologies from a number of White House listening sessions to the angles of research and legal considerations, engage other constituencies, such as people with as well as the intricacies of implementing new disabilities, the LGBTQ community, and members technologies in the face of privacy issues. They of the armed forces, as well as careful study of discussed the ever-expanding ubiquity of social scholarly articles, research reports, and written media and its power to work both for and against contributions from informed experts in various policing practice and public safety. fields relevant to the task force’s mission. The Community Policing and Crime Reduction lis- Each of the seven public listening sessions ad- tening session considered current research on the dressed a specific aspect of policing and effectiveness of community policing on bringing police-community relations, although cross- down crime, as well as building up public trust. cutting issues and concerns made their appear- Task force members heard detailed descriptions ance at every session. At the first session, Building of the methods used by chiefs in cities of varying Trust and Legitimacy, the topic of procedural sizes to implement effective community policing justice was discussed as a foundational necessity in their jurisdictions over a number of years. They in building public trust. Subject matter experts also heard from a panel of young people about also testified as to the meaning of “community po- their encounters with the criminal justice system 6  Introduction and the lasting effects of positive interactions 0.1 O verarching r ecOmmendatiOn : with police through structured programs as well The President should support and provide as individual relationships. The fifth listening funding for the creation of a National Crime session considered Training and Education in law and Justice Task Force to review and evaluate enforcement over an officer’s entire career—from all components of the criminal justice system recruitment through basic training to in-service for the purpose of making recommendations training—and the support, education, and to the country on comprehensive criminal training of supervisors, leaders, and managers. justice reform. Finally, the panel on Officer Safety and Wellness Several witnesses at the task force’s listening considered the spectrum of mental and physical sessions pointed to the fact that police represent health issues faced by police officers from the the “face” of the criminal justice system to the day-to-day stress of the job, its likely effect on an public. Yet police are obviously not responsible for officer’s physical health, and the need for mental laws or incarceration policies that many citizens health screening to traffic accidents, burnout, find unfair. This misassociation leads us to call for a suicide, and how better to manage these issues to broader examination of such issues as drug policy, determine the length of an officer’s career. sentencing and incarceration, which are beyond A listening session on the Future of Community Po- the scope of a review of police practices. licing concluded the task force’s public sessions and This is not a new idea. was followed by the deliberations leading to the recommendations that follow on ways to research, In the 1967 President’s Commission on Law improve, support, and implement policies and Enforcement and Administration of Justice report, procedures for effective policing in the 21st century. The Challenge of Crime in a Free Society, one of the major findings stated, “Officials of the criminal Many excellent and specific suggestions emerged justice system... must re-examine what they do. from these listening sessions on all facets of polic- They must be honest about the system’s short- ing in the 21st century, but many questions arose comings with the public and with themselves.”3 as well. Paramount among them was how to bring unity of purpose and consensus on best practices The need to establish a formal structure to take a to a nation with 18,000 separate law enforcement continuous look at criminal justice reform in the agencies and a strong history of a preference for context of broad societal issues has never faded local control of local issues. It became very clear from public consciousness. When former Senator that it is time for a comprehensive and multifacet- Jim Webb (D-VA) introduced legislation to create ed examination of all the interrelated parts of the the National Criminal Justice Commission in 2009, criminal justice system and a focused investigation a number of very diverse organizations from the into how poverty, lack of education, mental health, Major Cities Chiefs Association, the Fraternal Order and other social conditions cause or intersect with of Police, the National Sheriffs Association, and the criminal behavior. We propose two overarching National District Attorneys Association to Human recommendations that will seek the answers to Rights Watch, the American Civil Liberties Union, these questions. 3. The President’s Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, DC: U.S. Government Printing Office, 1967), 15, https://www.ncjrs.gov/pdffiles1/nij/42.pdf. 7 Final Report of the President’s Task Force on 21st Century Policing A panel of community voices with Allie Bones, Renaldo Fowler, Keeshan Harley, Andrea Ritchie, and Linda Sarsour, Phoenix, February 14, 2015. PHOTO: DEBORAH SPENCE and the National Association for the Advancement And Jeremy Travis, president of John Jay of Colored People all supported it. This legislation College of Criminal Justice, added, in the final would have authorized a national criminal justice listening session, commission to conduct a comprehensive review You said it is time to look at the criminal justice of the criminal justice system by a bipartisan panel system, and actually I would broaden the scope. We of stakeholders, policymakers, and experts that have this question of how to reintegrate into our would make thoughtful, evidence-based recom- society those who have caused harms.... It is not mendations for reform. The bill received strong just the system but these big, democratic, societal bipartisan support and passed the House but questions that go to government functions and how never received a final vote. we deal with conflict as well.5 More recently, a number of witnesses raised the idea of a national commission at the task force’s 0.2 O verarching r ecOmmendatiOn : listening sessions—notably Richard Beary, presi- The President should promote programs dent of the International Association of Chiefs of that take a comprehensive and inclusive look Police (IACP), who said, at community-based initiatives that address For over 20 years, the IACP has called for the the core issues of poverty, education, health, creation of a National Commission on Criminal and safety. Justice to develop across-the-board improvements As is evident from many of the recommendations to the criminal justice system in order to address in this report, the justice system alone cannot current challenges and to increase the efficiency solve many of the underlying conditions that give and effectiveness of the entire criminal justice rise to crime. It will be through partnerships across community. A deep dive into community-police sectors and at every level of government that we relations is only one part of this puzzle. We must will find the effective and legitimate long-term explore other aspects of the criminal justice system solutions to ensuring public safety. that need to be revamped and further contribute to today’s challenges.4 4. Listening Session on Building Trust and Legitimacy (oral testimony of Richard 5. Listening Session on the Future of Community Policing (oral testimony of Beary, president, IACP, for the President’s Task Force on 21st Century Policing, Jeremy Travis, president, John Jay College of Criminal Justice, for the President’s Task Washington, DC, January 13–14, 2015). Force on 21st Century Policing, Washington, DC, January 24, 2015). 8 PILLAR 1. BUILDING TRUST & LEGITIMACY People are more likely to obey the law when they believe that those who are enforcing it have the legitimate authority to tell them what to do.... The public confers legitimacy only on those they believe are acting in procedurally just ways. Building trust and nurturing legitimacy on both This decline is in addition to the fact that non- sides of the police-citizen divide is not only the first Whites have always had less confidence in law pillar of this task force’s report but also the foun- enforcement than Whites, likely because “the dational principle underlying this inquiry into the poor and people of color have felt the greatest nature of relations between law enforcement and impact of mass incarceration,” such that for “too the communities they serve. Since the 1990s, po- many poor citizens and people of color, arrest licing has become more effective, better equipped, and imprisonment have become an inevitable and better organized to tackle crime. Despite this, and seemingly unavoidable part of the American Gallup polls show the public’s confidence in police experience.”7 Decades of research and practice work has remained flat, and among some popula- support the premise that people are more likely to tions of color, confidence has declined.6 obey the law when they believe that those Figure 1. Confidence in police to protect them from violent crime, U.S. Whites vs. non-Whites Source: Justin McCarthy, “Nonwhites Less Likely” (see note 6). Copyright © 2014 Gallup, Inc. All rights reserved. The content is used with permission; however, Gallup retains all rights of republication. 6. Justin McCarthy, “Nonwhites Less Likely to Feel Police Protect and Serve 7. Bryan Stevenson, “Confronting Mass Imprisonment and Restoring Fairness to Them,” Gallup: Politics, November 17, 2014, http://www.gallup.com/poll/179468/ Collateral Review of Criminal Cases,” Harvard Civil Rights-Civil Liberties Law Review nonwhites-less-likely-feel-police-protect-serve.aspx. 41 (Summer 2006): 339–367. 9 Final Report of the President’s Task Force on 21st Century Policing who are enforcing it have the legitimate authority follows that officers who feel respected by their to tell them what to do. But the public confers organizations are more likely to bring this respect legitimacy only on those they believe are acting in into their interactions with the people they serve. procedurally just ways. External procedural justice focuses on the ways Procedurally just behavior is based on four central officers and other legal authorities interact with principles: the public and how the characteristics of those in- teractions shape the public’s trust of the police. It 1. Treating people with dignity and respect is important to understand that a key component 2. Giving individuals “voice” during encounters of external procedural justice—the practice of fair 3. Being neutral and transparent in and impartial policing—is built on understanding decision making and acknowledging human biases,11 both explicit and implicit. 4. Conveying trustworthy motives8 Research demonstrates that these principles lead All human beings have biases or prejudices as to relationships in which the community trusts a result of their experiences, and these biases that officers are honest, unbiased, benevolent, and influence how they might react when dealing lawful. The community therefore feels obligated to with unfamiliar people or situations. An explicit follow the law and the dictates of legal authorities bias is a conscious bias about certain populations and is more willing to cooperate with and engage based upon race, gender, socioeconomic status, those authorities because it believes that it shares a sexual orientation, or other attributes.12 Common common set of interests and values with the police.9 sense shows that explicit bias is incredibly dam- aging to police-community relations, and there is There are both internal and external aspects to a growing body of research evidence that shows procedural justice in policing agencies. Internal that implicit bias—the biases people are not even procedural justice refers to practices within an aware they have—is harmful as well. agency and the relationships officers have with their colleagues and leaders. Research on internal Witness Jennifer Eberhardt said, procedural justice tells us that officers who feel respected by their supervisors and peers are more Bias is not limited to so-called “bad people.” And likely to accept departmental policies, understand it certainly is not limited to police officers. The decisions, and comply with them voluntarily.10 It problem is a widespread one that arises from history, from culture, and from racial inequalities that still 8. Lorraine Mazerolle, Sarah Bennett, Jacqueline Davis, Elise Sargeant, pervade our society and are especially salient in the and Matthew Manning, “Legitimacy in Policing: A Systematic Review,” The context of criminal justice.13 Campbell Collection Library of Systematic Reviews 9 (Oslo, Norway: The Campbell Collaboration, 2013). 9. Tom Tyler, Jonathon Jackson, and Ben Bradford, “Procedural Justice and Cooperation,” in Encyclopedia of Criminology and Criminal Justice, eds. Gerben Bruinsma and David Weisburd (New York: Springer, 2014), 4011–4024. 11. Lorie Fridell, “This is Not Your Grandparents’ Prejudice: The Implications of 10. Nicole Haas et al., “Explaining Officer Compliance: The Importance of the Modern Science of Bias for Police Training,” Translational Criminology (Fall Procedural Justice and Trust inside a Police Organization,” Criminology and 2013):10–11. Criminal Justice (January 2015), doi: 10.1177/1748895814566288; COPS Office, 12. Susan Fiske, “Are We Born Racist?” Greater Good (Summer 2008):14–17. “Comprehensive Law Enforcement Review: Procedural Justice and Legitimacy,” 13. Listening Session on Building Trust and Legitimacy (oral testimony of Jennifer accessed February 28, 2015, http://www.cops.usdoj.gov/pdf/taskforce/ Eberhardt for the President’s Task Force on 21st Century Policing, Washington, DC, Procedural-Justice-and-Legitimacy-LE-Review-Summary.pdf. January 13, 2015). 10  Pillar 1. Building Trust & Legitimacy To achieve legitimacy, mitigating implicit bias 1.1 recOmmendatiOn: Law enforcement should be a part of training at all levels of a law culture should embrace a guardian mindset to enforcement organization to increase awareness build public trust and legitimacy. Toward that and ensure respectful encounters both inside the end, police and sheriffs’ departments should organization and with communities. adopt procedural justice as the guiding principle for internal and external policies and practices to The first witnesses at the task force sessions on guide their interactions with the citizens they serve. the first pillar also directly addressed the need for a change in the culture in which police do their How officers define their role will set the tone work: the use of disrespectful language and the for the community. As Plato wrote, “In a republic implicit biases that lead officers to rely upon race that honors the core of democracy—the great- in the context of stop and frisk. They addressed est amount of power is given to those called the need for police officers to find how much they Guardians. Only those with the most impeccable have in common with the people they serve— character are chosen to bear the responsibility of not the lines of authority they may perceive to protecting the democracy.” separate them—and to continue with enduring Law enforcement cannot build community trust programs proven successful over many years. if it is seen as an occupying force coming in from Several speakers stressed the continuing need outside to rule and control the community. for civilian oversight and urged more research As task force member Susan Rahr wrote, into proving ways it can be most effective. And many spoke to the complicated issue of diversity In 2012, we began asking the question, “Why are we in recruiting, especially Sherrilyn Ifill, who said of training police officers like soldiers?” Although police youth in poor communities, officers wear uniforms and carry weapons, the similarity ends there. The missions and rules of engagement By the time you are 17, you have been stopped are completely different. The soldier’s mission is that and frisked a dozen times. That does not make that of a warrior: to conquer. The rules of engagement are 17-year-old want to become a police officer.... decided before the battle. The police officer’s mission is The challenge is to transform the idea of policing in that of a guardian: to protect. The rules of engagement communities among young people into something evolve as the incident unfolds. Soldiers must follow they see as honorable. They have to see people orders. Police officers must make independent at local events, as the person who lives across the decisions. Soldiers come into communities as an street, not someone who comes in and knows outside, occupying force. Guardians are members of nothing about my community.14 the community, protecting from within.15 The task force’s specific recommendations that There’s an old saying, “Organizational culture follow offer practical ways agencies can act to eats policy for lunch.” Any law enforcement promote legitimacy. 15. Sue Rahr, “Transforming the Culture of Policing from Warriors to Guardians 14. Listening Session on Building Trust and Legitimacy (oral testimony in Washington State,” International Association of Directors of Law Enforcement of Sherrilyn Ifill, president and director-counsel, NAACP Legal Defense and Standards and Training Newsletter 25, no. 4 (2014): 3–4; see also Sue Rahr and Educational Fund, Inc., for the President’s Task Force on 21st Century Policing, Stephen K. Rice, “From Warriors to Guardians: Recommitting American Police Washington, DC, January 13, 2015); “Statement by the NAACP Legal Defense Culture to Democratic Ideals,” New Perspectives in Policing Bulletin (Washington, and Educational Fund, Inc.” (written testimony submitted for listening session at DC: National Institute of Justice, 2015), NCJ 248654, http://www.hks.harvard.edu/ Washington, DC, January 13, 2015). content/download/76023/1708385/version/1/file/WarriorstoGuardians.pdf. 11 Final Report of the President’s Task Force on 21st Century Policing organization can make great rules and policies Baltimore Police Commissioner Anthony Batts that emphasize the guardian role, but if policies described the process in his city: conflict with the existing culture, they will not be The process started with the commissioning of a institutionalized and behavior will not change. In study to evaluate the police department and the police work, the vast majority of an officer’s work is community’s views of the agency.... The review done independently outside the immediate over- uncovered broken policies, outdated procedures, sight of a supervisor. But consistent enforcement outmoded technology, and operating norms that of rules that conflict with a military-style culture, put officers at odds with the community they are where obedience to the chain of command is the meant to serve. It was clear that dramatic and norm, is nearly impossible. Behavior is more likely dynamic change was needed.17 to conform to culture than rules. The culture of policing is also important to the Ultimately, the Baltimore police created the proper exercise of officer discretion and use of Professional Standards and Accountability Bureau, authority, as task force member Tracey Meares has tasked with rooting out corruption, holding offi- written.16 The values and ethics of the agency will cers accountable, and implementing national best guide officers in their decision-making process; practices for polices and training. New department they cannot simply rely on rules and policy to act heads were appointed and a use of force review in encounters with the public. Good policing is structure based on the Las Vegas model was more than just complying with the law. Some- implemented. “These were critical infrastructure times actions are perfectly permitted by policy, changes centered on the need to improve the in- but that does not always mean an officer should ternal systems that would build accountability and take those actions. Adopting procedural justice transparency, inside and outside the organization,” as the guiding principle for internal and external noted Commissioner Batts.18 policies and practices can be the underpinning of a change in culture and should contribute to 1.2.1 A ction I tem : The U.S. Department of building trust and confidence in the community. Justice should develop and disseminate case studies that provide examples where past injustices were publicly acknowledged by law enforcement agen- 1.2 r ecOmmendatiOn : Law enforcement cies in a manner to help build community trust. agencies should acknowledge the role of policing in past and present injustice and discrimination and how it is a hurdle to the 1.3 R ecommendation : Law enforcement promotion of community trust. agencies should establish a culture of transparency and accountability in order to At one listening session, a panel of police chiefs build public trust and legitimacy. This will help described what they had been doing in recent ensure decision making is understood and in years to recognize and own their history and to accord with stated policy. change the culture within both their police forces and their communities. 17. Listening Session on Community Policing and Crime Reduction: Building 16. Tracey L. Meares, “Rightful Policing,” New Perspectives in Policing Bulletin Community Policing Organizations (oral testimony of Anthony Batts, commissioner, (Washington, DC: National Institute of Justice, 2015), NCJ 248411, Baltimore Police Department, for the President’s Task Force on 21st Century Policing, http://www.hks.harvard.edu/content/download/74084/1679313/ Phoenix, AZ, February 13, 2015). version/4/file/RightfulPolicing.pdf. 18. Ibid. 12  Pillar 1. Building Trust & Legitimacy 1.3.1 A ction I tem : To embrace a culture of with citizens and the media swiftly, openly, transparency, law enforcement agencies should and neutrally, respecting areas where the law make all department policies available for public requires confidentiality. review and regularly post on the department’s website information about stops, summonses, ar- One way to promote neutrality is to ensure that rests, reported crime, and other law enforcement agencies and their members do not release back- data aggregated by demographics. ground information on involved parties. While a great deal of information is often publicly avail- able, this information should not be proactively 1.3.2 A ction I tem : When serious incidents distributed by law enforcement. occur, including those involving alleged police misconduct, agencies should communicate Figure 2. Community members’ confidence in their police officers Note: Survey conducted August 20–24, 2014. Voluntary responses of “None” and “Don’t know/Refused” not shown. Blacks and Whites include only non-Hispanics. Hispanics are of any race. Source: Jens Manuel Krogstad, “Latino Confidence in Local Police Lower than among Whites,” Pew Research Center, August 28, 2014, http://www.pewresearch.org/fact-tank/2014/08/28/latino-confidence-in-local-police-lower-than-among-whites/. 13 Final Report of the President’s Task Force on 21st Century Policing 1.4 r ecOmmendatiOn : Law enforcement For example, internal department surveys should agencies should promote legitimacy internally ask officers what they think of policing strategies within the organization by applying the in terms of enhancing or hurting their ability to principles of procedural justice. connect with the public. Sometimes the lead- ership is out of step with their rank and file, and Organizational culture created through employee a survey like this can be a diagnostic tool—a interaction with management can be linked to benchmark against which leadership can measure officers’ interaction with citizens. When an agency its effectiveness and ability to create a work envi- creates an environment that promotes internal ronment where officers feel safe to discuss their procedural justice, it encourages its officers to feelings about certain aspects of the job. demonstrate external procedural justice. And just as employees are more likely to take direction from management when they believe manage- 1.4.2 A ction I tem : Law enforcement agency ment’s authority is legitimate, citizens are more leadership should examine opportunities to incor- likely to cooperate with the police when they porate procedural justice into the internal discipline believe the officers’ authority is legitimate. process, placing additional importance on values adherence rather than adherence to rules. Union Internal procedural justice begins with the clear leadership should be partners in this process. articulation of organizational core values and the transparent creation and fair application 1.5 r ecOmmendatiOn : Law enforcement of an organization’s policies, protocols, and agencies should proactively promote public decision-making processes. If the workforce is trust by initiating positive nonenforcement actively involved in policy development, workers activities to engage communities that are more likely to use these same principles of typically have high rates of investigative and external procedural justice in their interactions enforcement involvement with government with the community. Even though the approach agencies. to implementing procedural justice is “top down,” the method should include all employees to best In communities that have high numbers of inter- reach a shared vision and mission. Research shows actions with authorities for a variety of reasons, that agencies should also use tools that encour- police should actively create opportunities for age employee and supervisor collaboration and interactions that are positive and not related to foster strong relationships between supervisors investigation or enforcement action. Witness and employees. A more effective agency will result Laura Murphy, for example, pointed out that when from a real partnership between the chief and the law enforcement targets people of color for the staff and a shared approach to public safety.19 isolated actions of a few, it tags an entire com- munity as lawless when in actuality 95 percent 1.4.1 A ction I tem : In order to achieve are law abiding.20 This becomes a self-reinforcing internal legitimacy, law enforcement agen- concept. Another witness, Carmen Perez, provided cies should involve employees in the process an example of police engaging with citizens in of developing policies and procedures. another way: 19. Tim Richardson (senior legislative liaison, Fraternal Order of Police), in 20. Listening Session on Building Trust and Legitimacy (oral testimony of Laura discussion with Ajima Olaghere (research assistant, COPS Office, Washington, DC), Murphy to the President’s Task Force on 21st Century Policing, Washington, DC, October 2014. January 13, 2015). 14  Pillar 1. Building Trust & Legitimacy In the community [where] I grew up in southern 1.5.2 a ctiOn i tem : Law enforcement agen- California, Oxnard, we had the Police Athletic League. cies should institute residency incentive programs A lot of officers in our communities would volunteer such as Resident Officer Programs. and coach at the police activities league. That became our alternative from violence, from gangs Resident Officer Programs are arrangements and things like that. That allows for police officers where law enforcement officers are provided to really build and provide a space to build trusting housing in public housing neighborhoods as relationships. No longer was that such and such over long as they fulfill public safety duties within there but it was Coach Flores or Coach Brown.21 the neighborhood that have been agreed to between the housing authority and the law In recent years, agencies across the county have enforcement agency. begun to institutionalize community trust building endeavors. They have done this through programs 1.5.3 a ctiOn i tem : Law enforcement agen- such as Coffee with a Cop (and Sweet Tea with the cies should create opportunities in schools and Chief ), Cops and Clergy, Citizens on Patrol Mobile, communities for positive nonenforcement interac- Students Talking It Over with Police, and the West tions with police. Agencies should also publicize Side Story Project. Joint community and law dia- the beneficial outcomes and images of positive, logues and truth telling, as well as community and trust-building partnerships and initiatives. law enforcement training in procedural justice and bias, are also occurring nationally. Some agencies For example, Michael Reynolds, a member of the are even using training, dialogues, and workshops Youth and Law Enforcement panel at the Listening to take steps towards racial reconciliation. Session on Community Policing and Crime Reduc- tion, told the moving story of a police officer who Agencies engaging in these efforts to build re- saw him shivering on the street when he was six lationships often experience beneficial results.22 years old, took him to a store, and bought him a Communities are often more willing to assist law coat. Despite many negative encounters with po- enforcement when agencies need help during in- lice since then, the decency and kindness of that vestigations. And when critical incidents occur, those officer continue to favorably impact Mr. Reynolds’ agencies already have key allies who can help with feelings towards the police.23 information messaging and mitigating challenges. 1.5.4 A ction I tem : Use of physical control 1.5.1 a ctiOn i tem : In order to achieve equipment and techniques against vulnerable external legitimacy, law enforcement agencies populations—including children, elderly persons, should involve the community in the process of de- pregnant women, people with physical and men- veloping and evaluating policies and procedures. tal disabilities, limited English proficiency, and others—can undermine public trust and should 21. Listening Session on Building Trust and Legitimacy—Community Representatives: Building Community Policing Organizations (oral testimony of be used as a last resort. Law enforcement agencies Carmen Perez, executive director, The Gathering for Justice, for the President’s Task Force on 21st Century Policing, Washington, DC, January 13, 2015). 22. Constance Rice and Susan K. Lee, Relationship-Based Policing: Achieving 23. Listening Session on Community Policing and Crime Reduction: Youth and Safety in Watts (Los Angeles: The Advancement Project, February 2015), Law Enforcement (oral testimony of Michael Reynolds, co-president, Youth Power http://67.20.108.158/sites/default/files/imce/President%27s%20Task%20 Movement, for the President’s Task Force on 21st Century Policing, Phoenix, AZ, Force%20CSP%20Policy%20Brief%20FINAL%2002-27-15.pdf. February 13, 2015). 15 Final Report of the President’s Task Force on 21st Century Policing should carefully consider and review their policies Agencies should partner with local universities towards these populations and adopt policies if to conduct surveys by ZIP code, for example, to none are in place. measure the effectiveness of specific policing strategies, assess any negative impact they have on a community’s view of police, and gain the 1.6 r ecOmmendatiOn : Law enforcement community’s input. agencies should consider the potential damage to public trust when implementing crime fighting strategies. 1.7.1 A ction I tem : The Federal Gov- ernment should develop survey tools and Crime reduction is not self-justifying. Overly instructions for use of such a model to prevent aggressive law enforcement strategies can poten- local departments from incurring the expense and tially harm communities and do lasting damage to to allow for consistency across jurisdictions. public trust, as numerous witnesses over multiple listening sessions observed. A model such as the National Institute of Justice-funded National Police Research Platform 1.6.1 a ctiOn i tem : Research conducted could be developed and deployed to conduct to evaluate the effectiveness of crime fighting such surveys. This platform seeks to advance the strategies should specifically look at the potential science and practice of policing in the United for collateral damage of any given strategy on States by introducing a new system of measure- community trust and legitimacy. ment and feedback that captures organizational excellence both inside and outside the walls of the agency. The platform is managed by a team 1.7 r ecOmmendatiOn : Law enforcement of leading police scholars from seven universi- agencies should track the level of trust in ties supported by the operational expertise of a police by their communities just as they respected national advisory board. measure changes in crime. Annual community surveys, ideally standardized across jurisdictions and with accepted sampling 1.8 r ecOmmendatiOn : Law enforcement protocols, can measure how policing in that agencies should strive to create a workforce community affects public trust. that contains a broad range of diversity including race, gender, language, life Trust in institutions can only be achieved if the experience, and cultural background to public can verify what they are being told about improve understanding and effectiveness in a product or service, who is responsible for the dealing with all communities. quality of the product or service, and what will be done to correct any problems. To operate effec- Many agencies have long appreciated the critical tively, law enforcement agencies must maintain importance of hiring officers who reflect the public trust by having a transparent, credible communities they serve and also have a high system of accountability. level of procedural justice competency. Achieving diversity in entry level recruiting is important, but achieving systematic and comprehensive diversification throughout each segment of the 16  Pillar 1. Building Trust & Legitimacy Task force members, along with Executive Director Ronald L. Davis, listen to testimony, Washington, D.C., February 23, 2015. PHOTO: BRANDON TRAMEL department is the ultimate goal. It is also import- 1.8.2 a ctiOn i tem : The department ant to recognize that diversity means not only overseeing this initiative should help localities race and gender but also the genuine diversity learn best practices for recruitment, training, of identity, experience, and background that has and outreach to improve the diversity as well as been found to help improve the culture of police the cultural and linguistic responsiveness of law departments and build greater trust and legitima- enforcement agencies. cy with all segments of the population. National and local affinity police organizations A critical factor in managing bias is seeking could be formally included in this effort. This candidates who are likely to police in an unbiased program should also evaluate and assess diversity manner.24 Since people are less likely to have biases among law enforcement agencies around the against groups with which they have had positive country and issue public reports on national trends. experiences, police departments should seek can- didates who have had positive interactions with 1.8.3 a ctiOn i tem : Successful law en- people of various cultures and backgrounds.25 forcement agencies should be highlighted and celebrated and those with less diversity should be 1.8.1 A ction I tem : The Federal Government offered technical assistance to facilitate change. should create a Law Enforcement Diversity Initiative designed to help communities diversify law en- Law enforcement agencies must be continuously forcement departments to reflect the demographics creative with recruitment efforts and employ the of the community. public, business, and civic communities to help. 24. Lorie Fridell, “Racially Biased Policing: The Law Enforcement Response to the 1.8.4 actiOn item: Discretionary federal Implicit Black-Crime Association,” in Racial Divide: Racial and Ethnic Bias in the funding for law enforcement programs could be influ- Criminal Justice System, eds. Michael J. Lynch, E. Britt Patterson, and Kristina K. enced by that department’s efforts to improve their Childs (Monsey, NY: Criminal Justice Press, 2008), 51. 25. Ibid., 51–52. diversity and cultural and linguistic responsiveness. 17 Final Report of the President’s Task Force on 21st Century Policing 1.8.5 A ction I tem : Law enforcement In 2011, the Major Cities Chiefs Association agencies should be encouraged to explore more recommended nine points to Congress and the flexible staffing models. President on this issue, noting that “immigration is a federal policy issue between the U.S. gov- As is common in the nursing profession, offering ernment and other countries, not local or state flexible schedules can help officers achieve better entities and other countries. Any immigration work-life balance that attracts candidates and enforcement laws or practices should be national- encourages retention, particularly for officers with ly based, consistent, and federally funded.”27 sole responsibility for the care of family members. 1.9.2 A ction I tem : Law enforcement 1.9 r ecOmmendatiOn : Law enforcement agencies should ensure reasonable and equitable agencies should build relationships based language access for all persons who have encounters on trust with immigrant communities. This is with police or who enter the criminal justice system.28 central to overall public safety. Immigrants often fear approaching police offi- 1.9.3 A ction I tem : The U.S. Department cers when they are victims of and witnesses to of Justice should not include civil immigration crimes and when local police are entangled with information in the FBI’s National Crime Informa- federal immigration enforcement. At all levels of tion Center database.29 government, it is important that laws, policies, The National Crime Information Center (NCIC) and practices not hinder the ability of local law database is an electronic clearinghouse that law enforcement to build the strong relationships nec- enforcement officers can access in the field. It essary to public safety and community well-being. contains data submitted by agencies across the It is the view of this task force that whenever possi- country aimed at helping officers identify people, ble, state and local law enforcement should not be property, and criminal histories. At one time, NCIC involved in immigration enforcement. also included civil immigration detainers (nonman- datory temporary hold requests issued by a federal 1.9.1 a ctiOn i tem : Decouple federal immi- immigration officer), although the FBI has indicated gration enforcement from routine local policing that the practice of accepting this information was for civil enforcement and nonserious crime. discontinued and that the information does not currently exist in the database. The U.S. Department The U.S. Department of Homeland Security should of Justice should ensure that this remains the case. terminate the use of the state and local criminal justice system, including through detention, notification, and transfer requests, to enforce civil immigration laws against civil and nonserious 27. “Major Cities Chiefs Association Immigration Position October 2011,” accessed criminal offenders.26 February 26, 2015, http://majorcitieschiefs.com/pdf/news/immigration_ position112811.pdf. 28. Listening Session on Building Trust and Legitimacy (written testimony of Nicholas Turner, president and director, Vera Institute of Justice, for the President’s Task Force on 21st Century Policing, Washington, DC, January 13, 2015). 26. Listening Session on Building Trust and Legitimacy: Civil Rights/Civil Liberties 29. Listening Session on Community Policing and Crime Reduction (written (oral testimony of Maria Teresa Kumar, president and CEO, Voto Latino, for the testimony of Javier Valdes, executive director, Make the Road New York, for the President’s Task Force on 21st Century Policing, Washington, DC, January 13, 2015). President’s Task Force on 21st Century Policing, Phoenix, AZ, February 13–14, 2015). 18 P I L L A R 2. P O L I C Y & O V E R S I G H T Citizens have a constitutional right to freedom of expression, including the right to peacefully demonstrate. The issues addressed in the first pillar of this report, mistakes, what information was missing or misin- building trust and legitimacy between law enforce- terpreted, and how they could have improved their ment agencies and the communities they serve, behavior and response to suspects.30 underlie all questions of law enforcement policy and community oversight. If police are to carry Data collection, supervision, and accountability out their responsibilities according to established are also part of a comprehensive systemic ap- policies, these policies must be reflective of proach to keeping everyone safe and protecting community values and not lead to practices that the rights of all involved during police encounters. result in disparate impacts on various segments Members of the Division of Policing of the Ameri- of the community. They also need to be clearly can Society of Criminology recently wrote, “While articulated to the community and implemented the United States presently employs a broad transparently so police will have credibility with array of social and economic indicators in order residents and the people can have faith that their to gauge the overall ‘health’ of the nation, it has a guardians are always acting in their best interests. much more limited set of indicators concerning the behavior of the police and the quality of Paramount among the policies of law enforcement law enforcement.”31 organizations are those controlling use of force. Not only should there be policies for deadly and That body noted that Section 210402 of the nondeadly uses of force but a clearly stated “sanc- Violent Crime Control and Law Enforcement Act of tity of life” philosophy must also be in the forefront 1994 requires the U.S. Attorney General to “acquire of every officer’s mind. This way of thinking should data about the use of excessive force by law be accompanied by rigorous practical ongoing enforcement officers” and to “publish an annual training in an atmosphere of nonjudgmental and summary of the data acquired under this section.”32 safe sharing of views with fellow officers about But the U.S. Department of Justice (DOJ) has never how they behaved in use of force situations. At been allocated the funds necessary to undertake one listening session, Geoffrey Alpert described the serious and sustained program of research and Officer-Created Jeopardy Training, in which officers development to fulfill this mandate. Expanded who had been in situations where mistakes were research and data collection are also necessary made or force was used came to explain their to knowing what works and what does not work, decision making to other officers. Some explained which policing practices are effective and which what they did right and how potentially violent 30. Listening Session on Policy and Oversight: Use of Force Research and Policies situations were resolved without violence. Other (oral testimony of Geoffrey Alpert, professor, University of South Carolina, for the officers told what they did wrong, why they made President’s Task Force on 21st Century Policing, Cincinnati, OH, January 30, 2015). 31. “Recommendations to the President’s Task Force on 21st Century Policing,” Listening Session on Training and Education (written testimony of Anthony Braga et al., Ad Hoc Committee to the President’s Task Force on 21st Century Policing, Division of Policing, American Society of Criminology, February 13–14, 2015). 32. Ibid. 19 Final Report of the President’s Task Force on 21st Century Policing ones have unintended consequences. Greater Angeles Police Department (LAPD) described the acceptance of the Federal Bureau of Investigation’s LAPD’s Community Safety Partnership, in which (FBI) National Incident-Based Reporting officers engage the community and build trust System could also benefit policing practice where it is needed most, in the public housing and research endeavors. projects in Watts. The department has assigned 45 officers to serve for five years at three housing proj- Mass demonstrations, for example, are occasions ects in Watts and at an additional housing project where evidence-based practices successfully ap- in East Los Angeles. Through a partnership with the plied can make the difference between a peaceful Advancement Project and the Housing Authority demonstration and a riot. Citizens have a consti- of the City of Los Angeles, the program involves tutional right to freedom of expression, including officers going into the housing developments with the right to peacefully demonstrate. There are the intent not to make arrests but to create part- strong examples of proactive and positive com- nerships, create relationships, hear the community, munication and enga