1. Readings (a) - TEXT: Law Enforcement Ethics, Chapters 4 & 8. Here is the link: https://bookshelf.vitalsource.com/#/user/signin (b) Review Title 32, U.S.C., Section 12601 at http://www.justice.g
Micro Lecture - Week 3
Session 3 Micro Lecture
In 1994, the United States Legislature passed US Code 1414, which has since been re-codified to 12601 (https://www.law.cornell.edu/uscode/text/34/12601) which allows the United States Department of Justice to bring a law suit against law enforcement agencies to bring about reform in a police agency. Generally, it takes a major negative police event or series of negative police events to draw the attention of a 14141 investigation. The DOJ begins the process by initiating an investigation into the agencies patterns and practices of enforcement. The DOJ usually assigns a primary attorney to lead a team of law enforcement experts (and often former practitioners) who conduct site visits and detailed document reviews. After a determination or discovery of patterns and practices that deprive citizens of their rights, the DOJ may file an action in court. The actions most commonly lead to a consent decree. A plan of action for change is agreed upon and the courts hire an independent monitor to ensure the changes are implemented within the organization.
There are additional ways (separate from a 14141 investigation) to bring change in a police department. Private attorneys can initiate a lawsuit and negotiate a settlement to change practices. In a perfect world, police leaders will constantly monitor and proactively institute best practices for police accountability, because being proactive is much better than having change forced on an agency. Litigation can be very expensive and lengthy, thus prolonging the implementation of change. The Department of Justice instituted a process called “collaborative reform.” (http://www.cops.usdoj.gov/Default.asp?Item=2807) This process allows agencies to sign an agreement with the Department of Justice to avoid a full blown legal action and investigation. The locality is required to allow the DOJ experts to enter the organization to conduct a top to bottom assessment of the patterns and practices. The group will create a list of recommendations and the experts will assist with implementation. It is very early to determine the effectiveness of this program, but there has been wide acceptance of the process because it is steeped in partnership and expert assistance.
Professional trade organizations are another great way to seek advice for change in police organizations. The organizations set standards to follow and will support agencies in pursuit of professional goals. Here are examples of organizations that provide standards for agencies: (1) International Association Chiefs of Police (http://www.iacp.org/) and (2) Commission on the Accreditation of Law Enforcement Agencies (CALEA) (http://www.calea.org/). LexiPol (http://www.lexipol.com/) is an organization that provides comprehensive policy manuals for agencies and update the policies on a regular basis. The company ensures each policy is consistent with case law and legislative requirements. Agencies are allowed to adjust some policies to match the preferences of the leadership. If an agency is sued regarding a specific policy, Lexipol will furnish an expert to provide testimony in court. This is an excellent service for smaller agencies that do not have adequate staffing to ensure all policies remain consistent with best practices.
Finally, this week we read about the key role of leadership to promote ethical behaviors in the organization. Because of the potential impact to the community, adherence to the highest ethical behaviors begins at the top. We will discuss this role more thoroughly in the assignment this week and I look forward to the discussion.
