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												Promotion and Protection of the Human Rights and Fundamental
Written Submission prepared by the International Human Rights Clinic at Santa Clara University School of Law for the Office of the United Nations High Commissioner for Human Rights’ Call for Input on the Promotion and protection of the human rights and fundamental freedoms of Africans and people of African descent against excessive use of force and other human rights violations by law enforcement officers pursuant to Human Rights Council resolution 43/1 International Human Rights Clinic at Santa Clara Law 500 El Camino Real Santa Clara, CA 95053-0424 U.S.A. Tel: +1 (408) 554-4770 [email protected] http://law.scu.edu/ihrc/ Diann Jayakoddy, Student Maxwell Nelson, Student Sukhvir Kaur, Student Prof. Francisco J. Rivera Juaristi, Director December 4, 2020 TABLE OF CONTENTS I. INTRODUCTION 3 II. IN A FEDERALIST SYSTEM, STATES AND LOCAL GOVERNMENTS MUST EXERCISE THEIR AUTHORITY TO REFORM LAWS ON POLICE ACCOUNTABILITY AND ON RESTRICTING THE USE OF FORCE BY POLICE OFFICERS 4 A.Constitutional standards on the use of force by police officers 5 B.Federal law governing police accountability 6 C.State police power 7 D.Recommendations 9 III. STATE AND LOCAL GOVERNMENTS MUST LIMIT THE ROLE OF POLICE UNIONS IN OBSTRUCTING EFFORTS TO HOLD POLICE OFFICERS ACCOUNTABLE IN THE UNITED STATES 9 A.Police union contracts limit accountability and create investigatory and other hurdles 10 1.Police unions can impede change 11 2.Police unions often reinforce a culture of impunity 12 B.Recommendations 14 IV. INTERNATIONAL HUMAN RIGHTS OBLIGATIONS REGARDING NON-DISCRIMINATION AND THE PROTECTION OF THE RIGHTS TO LIFE, HEALTH, AND SECURITY REQUIRE DIVESTMENT OF POLICE DEPARTMENT FUNDING AND REINVESTMENT IN COMMUNITIES AND SERVICES IN THE UNITED STATES 14 A.“Defunding the Police” - a Movement Calling for the Divestment of Police Department Funding in the United States and Reinvestment in Communities 15 B.Recommendations 18 2 I. - 
												
												Institutionalizing Police Accountability Reforms: the Problem of Making Police Reforms Endure
Saint Louis University Public Law Review Volume 32 Number 1 Control of Police Misconduct in a Post-Exclusionary Rule World: Can It Be Done? Article 7 (Volume XXXII, No. 1) 2012 Institutionalizing Police Accountability Reforms: The Problem of Making Police Reforms Endure Samuel Walker University of Nebraska at Omaha, School of Criminology and Criminal Justice, [email protected] Follow this and additional works at: https://scholarship.law.slu.edu/plr Part of the Law Commons Recommended Citation Walker, Samuel (2012) "Institutionalizing Police Accountability Reforms: The Problem of Making Police Reforms Endure," Saint Louis University Public Law Review: Vol. 32 : No. 1 , Article 7. Available at: https://scholarship.law.slu.edu/plr/vol32/iss1/7 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Public Law Review by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW INSTITUTIONALIZING POLICE ACCOUNTABILITY REFORMS: THE PROBLEM OF MAKING POLICE REFORMS ENDURE SAMUEL WALKER* INTRODUCTION: THE PROBLEM OF SUSTAINING POLICE REFORMS The history of police reform in America, in the sense of modern day notions of police professionalization, is more than a century old.1 Over that time period there have been successive waves of reform movements, with a changing set of objectives and programs.2 Much has been accomplished to improve policing over this long period.3 Whether the benchmark is one- hundred years, fifty years or only twenty years ago, it is possible to see significant reforms in police management, crime fighting tactics, police personnel standards and training, the diversity of the work force, constitutional standards for policing, and the accountability of officers for their actions in critical situations. - 
												
												Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice
BLACK LIVES MATTER: ELIMINATING RACIAL INEQUITY IN THE CRIMINAL JUSTICE SYSTEM For more information, contact: This report was written by Nazgol Ghandnoosh, Ph.D., Research Analyst at The Sentencing Project. The report draws on a 2014 publication The Sentencing Project of The Sentencing Project, Incorporating Racial Equity into Criminal 1705 DeSales Street NW Justice Reform. 8th Floor Washington, D.C. 20036 Cover photo by Brendan Smialowski of Getty Images showing Congressional staff during a walkout at the Capitol in December 2014. (202) 628-0871 The Sentencing Project is a national non-profit organization engaged sentencingproject.org in research and advocacy on criminal justice issues. Our work is twitter.com/sentencingproj supported by many individual donors and contributions from the facebook.com/thesentencingproject following: Atlantic Philanthropies Morton K. and Jane Blaustein Foundation craigslist Charitable Fund Ford Foundation Bernard F. and Alva B. Gimbel Foundation General Board of Global Ministries of the United Methodist Church JK Irwin Foundation Open Society Foundations Overbrook Foundation Public Welfare Foundation Rail Down Charitable Trust David Rockefeller Fund Elizabeth B. and Arthur E. Roswell Foundation Tikva Grassroots Empowerment Fund of Tides Foundation Wallace Global Fund Working Assets/CREDO Copyright © 2015 by The Sentencing Project. Reproduction of this document in full or in part, and in print or electronic format, only by permission of The Sentencing Project. TABLE OF CONTENTS Executive Summary 3 I. Uneven Policing in Ferguson and New York City 6 II. A Cascade of Racial Disparities Throughout the Criminal Justice System 10 III. Causes of Disparities 13 A. Differential crime rates 13 B. Four key sources of unwarranted racial disparities in criminal justice outcomes 15 IV. - 
												
												Struggle for Power: the Ongoing Persecution of Black Movement the by U.S
STRUGGLE FOR POWER T H E ONGOING PERSECUTION O F B L A C K M O V E M E N T BY THE U.S. GOVERNMENT In the fight for Black self-determination, power, and freedom in the United States, one institution’s relentless determination to destroy Black movement is unrivaled— the United States federal government. Black resistance and power-building threaten the economic interests and white supremacist agenda that uphold the existing social order. Throughout history, when Black social movements attract the nation’s or world’s attention, or we fight our way onto the nation’s political agenda as we have today, we experience violent repression. We’re disparaged and persecuted; cast as villains in the story of American prosperity; and forced to defend ourselves and our communities against police, anti-Black policymakers, and U.S. armed forces. Last summer, on the heels of the murders of Breonna Taylor and George Floyd, millions of people mobilized to form the largest mass movement against police violence and racial injustice in U.S. history. Collective outrage spurred decentral- ized uprisings in defense of Black lives in all 50 states, with a demand to defund police and invest in Black communities. This brought global attention to aboli- tionist arguments that the only way to prevent deaths such as Mr. Floyd’s and Ms. Taylor’s is to take power and funding away from police. At the same time, the U.S federal government, in a flagrant abuse of power and at the express direction of disgraced former President Donald Trump and disgraced former Attorney General William Barr, deliberately targeted supporters of the movement to defend Black lives in order to disrupt and discourage the movement. - 
												
												Use-Of-Force, De-Escalation Tactics and Discipline
The City of New York Department of Investigation MARK G. PETERS COMMISSIONER Inspector General Philip K. Eure Office of Inspector General for the NYPD 80 MAIDEN LANE Release #05-2015 NEW YORK, NY 10038 nyc.gov/oignypd 212-806-5200 FOR IMMEDIATE RELEASE CONTACT: DIANE STRUZZI THURSDAY, OCTOBER 1, 2015 (212) 825-5931 DOI’S OFFICE OF THE INSPECTOR GENERAL FOR THE NYPD ISSUES REPORT ON POLICE USE OF FORCE FINDING FAILURE TO PROPERLY INSTRUCT ON DE-ESCALATION TACTICS AND IMPOSE DISCIPLINE Today, the Department of Investigation’s (DOI) Office of the Inspector General for the NYPD (OIG- NYPD) issued its first comprehensive Report on Use of Force by members of the New York City Police Department (NYPD). OIG-NYPD’s investigation revealed: a lack of discipline imposed on officers involved in substantiated force allegations — even when the Department was provided with evidence that excessive force was used; an inability to track use-of-force encounters by officers; and a failure to properly instruct and employ de-escalation tactics, among other findings. The Report examines five important aspects of NYPD use of force: (1) trends; (2) reporting; (3) de-escalation; (4) training; and (5) discipline. As part of its investigation, OIG-NYPD conducted a detailed analysis of all 179 cases where the Civilian Complaint Review Board (CCRB) determined that from 2010 through 2014 officers used excessive force, as well as the accompanying NYPD disciplinary records for over 100 cases where a final disciplinary disposition was reached. Investigators also assessed NYPD’s Patrol Guide procedures on use of force and observed and evaluated NYPD training at the Police Academy and in-service training modules. - 
												
												United States District Court Western District of Kentucky
Case 3:20-mc-99999 Document 692 Filed 07/30/20 Page 1 of 46 PageID #: 26620 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY ATTICA SCOTT, CORBIN SMITH, KAYLA MEISNER, TYLER WEAKLEY, STEVIE SCHAUER, WILLA TINSLEY, and the KENTUCKY ALLIANCE AGAINST RACIAL AND POLITICAL REPRESSION, on behalf of themselves and Civil Action No. _________ all others similarly situated, COMPLAINT AND JURY TRIAL Plaintiffs, DEMAND v. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, GREG FISCHER, individually and in his official capacity as Mayor of Louisville, ROBERT SCHROEDER, individually and in his official capacity as Interim Chief of the Louisville Metropolitan Police Department, LaVITA CHAVOUS, individually and in her official capacity as Assistant Chief of the Louisville Metropolitan Police Department, and LOUISVILLE METROPOLITAN POLICE DEPARTMENT OFFICER “J.” JOHNSON, LOUISVILLE METROPOLITAN POLICE DEPARTMENT OFFICERS JOHN DOES #1-#15 and JANE DOE #1, in their individual capacities, Defendants. PRELIMINARY STATEMENT “[O]ur constitutional command of free speech and assembly is basic and fundamental and encompasses peaceful social protest, so important to the preservation of the freedoms treasured in a democratic society.” Cox v. State of La., 379 U.S. 559, 574 (1965). Rarely before has this principle been as readily apparent as it is today; following the senseless killings of George Floyd, Case 3:20-mc-99999 Document 692 Filed 07/30/20 Page 2 of 46 PageID #: 26621 Breonna Taylor, and countless other Black individuals at the hands of police, protesters in all fifty states are demanding police accountability and reform. Rather than treating its peaceful protesters as important parts of the democratic process protected by the Constitution, the City of Louisville has chosen to forcibly silence them—often using military-type weapons and tactics that resemble those used by authoritarian regimes to stifle dissent. - 
												
												George Floyd Justice in Policing Act V. Senate Republican Bill V. Pres. Trump Executive Order
George Floyd Justice in Policing Act v. Senate Republican Bill v. Pres. Trump Executive Order George Floyd Senate Pres. Trump Justice in Republican Executive Policing Bill Justice Bill Order* Police Accountability Modifies Mens Rea in Section 242 (Criminal Liability) ü û û Ends Qualified Immunity for Law Enforcement ü û û Funds Independent Counsels to Prosecute Police Misconduct ü û û Strengthens Pattern and Practice Investigations at the Federal and State Level ü û û Establishes National Standards for Law Enforcement ü û ü Invests in Public Safety Innovation Grants to Reimagine Policing ü û û Police Transparency and Data Establishes Public National Police Misconduct Registry ü û ü1 -Database sharing amongst law enforcement agencies ü ü ü Requires Data Collection on Use of Force ü ü2 û Police Training and Policies ChoKeholds -Federal officers—Bans choKeholds as a use of deadly force ü û3 û -All Officers—Subjects officers to federal criminal prosecution for civil rights violation ü û û -State and local officers—Conditions grants on banning chokeholds ü ü4 û Bans No KnocK Warrants in Drug Cases ü û5 û Bans Racial Profiling ü û û Requires Deadly Force to Only be Used as Last Resort ü û û Establishes Duty to Intervene Standards ü ü6 û Mandates Uniformed Officers to use Body ü7 ü8 û Prohibits a sexual act with an individual under arrest, in detention, or in custody ü ü û * Executive Orders do not have the force of law and may be withdrawn by any Administration 1 Registry while publicly available, does not include all complaints and other data in George Floyd Act 2 Does not require comprehensive data on use of force, limited to deadly use of force as defined in the bill 3 Directs AG to create policy banning chokeholds “except when deadly force is authorized”. - 
												
												Policing and Protests
Boston University Initiative on Cities 2020 MENINO SURVEY OF MAYORS POLICING AND PROTESTS SUPPORTED BY TABLE OF CONTENTS 1. Introduction 2 2. Executive Summary 2 3. Methodology 3 4. Racial Disparities in Policing 5 5. Urban Protests 6 6. Police Reform 8 7. Conclusion 12 Authors Contributors Initiative on Cities Katherine Levine Einstein Stacy Fox Boston University Associate Professor, Political Science Associate Director, Initiative on Cities 75 Bay State Road Boston University Boston University Boston, MA 02215 [email protected] Katharine Lusk bu.edu/ioc David M. Glick Co-Director, Initiative on Cities @BUonCities Associate Professor, Political Science Boston University 617-358-8080 Boston University [email protected] [email protected] Nick Henninger Songhyun Park Maxwell Palmer Luisa Godinez Puig Assistant Professor, Political Science PhD Candidates, Political Science Boston University Boston University [email protected] Center cover photo: Raymond Richards / Shutterstock.com 1 Boston University Initiative on Cities 2020 MENINO SURVEY OF MAYORS: Policing and Protests 1. INTRODUCTION Racial harassment, violence, and injustice have long marred policing in the United States (US). In 2015, the Obama White House created the Task Force on 21st Century Policing to engage mayors, police chiefs, community leaders, and academics in identifying meaningful reforms. Five years later, on May 25, 2020, the death of George Floyd at the hands of Minneapolis police officer Derek Chauvin shone a national spotlight on enduring racial violence perpetrated by police. Black people are three times more likely to be killed by the police than white people. There is still little accountability for police-related homicides. Since 2013, 98 percent of killings by police have not resulted in any criminal charges.1 In response to the death of George Floyd, protests erupted in cities and towns in every state, and a growing coalition of activists demanded substantial changes to police departments. - 
												
												Blue Lives Matter
COP FRAGILITY AND BLUE LIVES MATTER Frank Rudy Cooper* There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012–2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police resistance to criticism. It fits within the tradition of the “Blue Wall of Silence,” but also includes a new pro-police movement known as Blue Lives Matter. The Blue Lives Matter movement makes the dubious claim that there is a war on police and counter attacks by calling for making assaults on police hate crimes akin to those address- ing attacks on historically oppressed groups. Legal scholarship has not comprehensively considered the impact of the new police criticism on the police. It is especially remiss in attending to the implications of Blue Lives Matter as police resistance to criticism. This Article is the first to do so. This Article illuminates a heretofore unrecognized source of police resistance to criticism by utilizing diversity trainer and New York Times best-selling author Robin DiAngelo’s recent theory of white fragility. “White fragility” captures many whites’ reluctance to discuss ongoing rac- ism, or even that whiteness creates a distinct set of experiences and per- spectives. White fragility is based on two myths: the ideas that one could be an unraced and purely neutral individual—false objectivity—and that only evil people perpetuate racial subordination—bad intent theory. Cop fragility is an analogous oversensitivity to criticism that blocks necessary conversations about race and policing. - 
												
												Police Accountability Task Force Report
Recommendations for Reform: Restoring Trust between the Chicago Police and the Communities they Serve REPORT April 2016 Police Accountability Task Force | 1 Table of Contents Acknowledgements ...........................................................................................................................................iv Glossary of Terms ...............................................................................................................................................v Executive Summary ............................................................................................................................................1 The Tipping Point................................................................................................................................................... 2 The Work of the Police Accountability Task Force............................................................................................. 4 Community Engagement ...................................................................................................................................... 5 How did we get to this point? Some Overarching Findings.............................................................................. 6 Other Key Findings By Working Group ............................................................................................................. 13 Recommendations.............................................................................................................................................. - 
												
												ATP 3-39.10. Police Operations
ATP 3-39.10 POLICE OPERATIONS AUGUST 2021 DISTRIBUTION RESTRICTION: Approved for Public Release; distribution is unlimited. This publication supersedes ATP 3-39.10, 26 January 2015. Headquarters, Department of the Army This publication is available at the Army Publishing Directorate site (https:// armypubs.army.mil), and the Central Army Registry site (https://atiam.train.army.mil/catalog/dashboard). *ATP 3-39.10 Army Techniques Publication Headquarters No. 3-39.10 Department of the Army Washington, D.C., 24 August 2021 Police Operations Contents Page PREFACE..................................................................................................................... v INTRODUCTION ........................................................................................................ vii Chapter 1 POLICE OPERATIONS SUPPORT TO ARMY OPERATIONS ............................... 1-1 The Police Operations Discipline .............................................................................. 1-1 Principles of Police Operations ................................................................................. 1-4 Rule of Law ................................................................................................................ 1-6 Command and Control of Army Law Enforcement .................................................... 1-7 Operational Environment ........................................................................................... 1-9 Unified Action ......................................................................................................... - 
												
												The Failure of Local and Federal Prosecutors to Curb Police Brutality, 30 Fordham Urb
Fordham Urban Law Journal Volume 30 | Number 2 Article 7 2003 The aiF lure of Local and Federal Prosecutors to Curb Police Brutality Asit S. Panwala Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Criminal Law Commons Recommended Citation Asit S. Panwala, The Failure of Local and Federal Prosecutors to Curb Police Brutality, 30 Fordham Urb. L.J. 639 (2002). Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/7 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The aiF lure of Local and Federal Prosecutors to Curb Police Brutality Cover Page Footnote The Author ouldw like to thank Christine Chen, Anthony Thompson, and Ronald Goldstock for their support and help in this endeavor. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol30/iss2/7 THE FAILURE OF LOCAL AND FEDERAL PROSECUTORS TO CURB POLICE BRUTALITY Asit S. Panwala* INTRODUCTION Excessive use of force by police officers undermines faith in the criminal justice system. Citizens expect those with badges and guns to follow the law as well as enforce it, but these two roles often come into conflict. Reporter Craig Horowitz recounted that one police officer justified his hitting a suspect in the stomach when the suspect tried to run away as being necessary to reestablish author- ity.1 Another police officer is quoted as saying, "[i]f someone disses you, you take him in an alley and slap him.