An Alternative Remedy for Police Misconduct: a Model State "Pattern Or Practice" Statute
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Attachment 1
ATTACHMENT 1 SELECTED INDEPENDENT AND COMMISSIONED REPORTS AND COURT DECISIONS • The President’s Task Force on 21st Century Policing and Final Report of the President’s Task Force on 21st Century Policing (Washington, D.C.: Office for Community Oriented Policing Services, 2015). Synopsis and link to reports: • Widely viewed as a very significant document for law enforcement in recent years. President Obama’s charge in 2014: “examine ways of fostering strong, collaborative relationships between local law enforcement and the communities they protect and to make recommendations to the President on the ways policing practices can promote effective crime reduction while building public trust.” Report presented 156 recommendations across 6 key areas: 1) building trust and legitimacy, 2) policy and oversight, 3) technology and social media, 4) community policing and crime reduction, 5) training and education, and 6) officer wellness and safety. • http://www.cops.usdoj.gov/pdf/taskforce/TaskForce_FinalReport.pdf. • Related report: An Evidence-Assessment of the Recommendations of the President’s Task Force on 21st Century Policing — Implementation and Research Priorities. Lum, C., Koper, C.S., Gill, C., Hibdon, J., Telep, C. & Robinson, L. (2016) Fairfax, VA: Center for Evidence- Based Crime Policy, George Mason University. Alexandria, VA: International Association of Chiefs of Police. Synopsis and link to report: • Created as a research reference for agencies seeking guidance on implementation of the recommendations of the Task Force. • https://www.theiacp.org/sites/default/files/all/i- j/IACP%20GMU%20Evidence%20Assessment%20Report%20FINAL.pdf • See also the IACP’s Blueprint for 21st Century Policing: www.theiacp.org/icpr • Supreme Court of California “The Regents of the University of California v. -
The Investigation and Prosecution of Police Corruption
Journal of Criminal Law and Criminology Volume 65 | Issue 2 Article 1 1974 The nI vestigation and Prosecution of Police Corruption Herbert Beigel Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Herbert Beigel, The nI vestigation and Prosecution of Police Corruption, 65 J. Crim. L. & Criminology 135 (1974) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. Tox JouwAx op Canaz AL LAW & CRnmLoaGy Copyright C 1974 by Northwestern University School of Vol. 65, No. 2 Law Printed in U.S.A. CRIMINAL LAW THE INVESTIGATION AND PROSECUTION OF POLICE CORRUPTION HERBERT BEIGEL* INTRODUCTION vestigation and prosecution of police corruption. Within the last few years there has been a This analysis will identify the specific methods marked proliferation of federal investigations and employed by federal prosecutors to subject local 2 prosecutions of state and local officials for official police officials to federal prosecution, thereby misconduct and corruption. So active has the offering insight into the intricacies of the investi- federal government become in investigating the gation of one governmental body by another. In local political arena that state and city politicians addition, the federal investigation of state and and police officers are being investigated, indicted local corruption has raised new questions about and often convicted for a wide variety of violations the proper role of federal law enforcement. -
UC Riverside UC Riverside Electronic Theses and Dissertations
UC Riverside UC Riverside Electronic Theses and Dissertations Title On the Thin Blue Line: Examining the Mexican American Officer Experience in the Los Angeles Police Department Permalink https://escholarship.org/uc/item/15w908g6 Author Gallardo, Roberto Carlos Publication Date 2018 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California UNIVERSITY OF CALIFORNIA RIVERSIDE On The Thin Blue Line: Examining the Mexican American Officer Experience in the Los Angeles Police Department A Dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Sociology by Roberto Gallardo September 2018 Dissertation Committee: Dr. Adalberto Aguirre, Chairperson Dr. Tanya Nieri Dr. Augustine Kposowa Copyright by Roberto Gallardo 2018 The Dissertation of Roberto Gallardo is approved: __________________________________________________ __________________________________________________ __________________________________________________ Committee Chairperson University of California, Riverside ABSTRACT OF THE DISSERTATION On The Thin Blue Line: Examining the Mexican American Officer Experience in the Los Angeles Police Department by Roberto Gallardo Doctor of Philosophy, Graduate Program in Sociology University of California, Riverside, September 2018 Dr. Adalberto Aguirre, Chairperson This study focuses on the impact of race on MexicanAmerican minority law enforcement officers’ ideology and experiences in the LAPD. Previous studies have focused on the issue of race within a municipal police department, however these studies have generally not included Hispanic/Latino officers. Most research has strictly focused on the impact of race on White and AfricanAmerican officers, the impact of race on Hispanic/Latino officers (and especially MexicanAmerican officers) is relatively unknown. Interviews of MexicanAmerican officers were used gain the information required for analysis. -
Chicago Police and the Labor and Urban Crises of the Late Twentieth Century
The Patrolmen’s Revolt: Chicago Police and the Labor and Urban Crises of the Late Twentieth Century By Megan Marie Adams A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in History in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Robin Einhorn, Chair Professor Richard Candida-Smith Professor Kim Voss Fall 2012 1 Abstract The Patrolmen’s Revolt: Chicago Police and the Labor and Urban Crises of the Late Twentieth Century by Megan Marie Adams Doctor of Philosophy in History University of California, Berkeley Professor Robin Einhorn, Chair My dissertation uncovers a history of labor insurgency and civil rights activism organized by the lowest-ranking members of the Chicago police. From 1950 to 1984, dissenting police throughout the city reinvented themselves as protesters, workers, and politicians. Part of an emerging police labor movement, Chicago’s police embodied a larger story where, in an era of “law and order” politics, cities and police departments lost control of their police officers. My research shows how the collective action and political agendas of the Chicago police undermined the city’s Democratic machine and unionized an unlikely group of workers during labor’s steep decline. On the other hand, they both perpetuated and protested against racial inequalities in the city. To reconstruct the political realities and working lives of the Chicago police, the dissertation draws extensively from new and unprocessed archival sources, including aldermanic papers, records of the Afro-American Patrolman’s League, and previously unused collections documenting police rituals and subcultures. -
When Rodney King Was Beaten in 1991 by LAPD Officers, and Rioters
FROM THE AGE OF DRAGNET TO THE AGE OF THE INTERNET: TRACKING CHANGES WITHIN THE LOS ANGELES POLICE DEPARTMENT Wellford W. Wilms, UCLA School of Public Policy and Education Following the Rodney King beating in 1991, rioters later burned and looted South Central Los Angeles on the news that the accused Los Angeles Police officers had been acquitted. It seemed that things could hardly get worse. But the King beating only served to focus public attention on the problems of policing a huge and diverse city like Los Angeles. It was the beginning of a series of wrenching changes that would all but paralyze the Los Angeles Police Department (LAPD) for more than a decade. Following the King beating, then-Mayor Tom Bradley established the Christopher Commission (named after chairman, former Secretary of State Warren Christopher) to delve into the underlying causes. The Commission sought to reveal the roots of the LAPD’s problems. According to the Commission, since William Parker had become chief in 1950 and took steps to professionalize the department, officers learned to respond to crime aggressively and swiftly. Strapped for resources to police a huge city of 465 square miles, Parker relied on efficiency to squeeze production from his officers. He began the practice that persists today of evaluating officers on statistical performance – response time, number of calls handled, citations issued and arrests made. Not surprisingly, the LAPD began to pride itself on being a high profile paramilitary organization with “hard-nosed” officers, an image that was greatly enhanced by the radio and TV program, “Dragnet.” But while the Christopher Commission acknowledged that aggressive, statistics-driven policing produced results, it did so at a high cost, pitting residents against police creating a “siege mentality” within the department (Independent Commission, 1991, p. -
Country Advice Vietnam Vietnam – VNM38290 – Debt– Police
Country Advice Vietnam Vietnam – VNM38290 – Debt– Police Corruption 11 March 2011 1. Please provide information on the treatment of illegal business people in Vietnam and whether they are treated in a discriminatory way or harmed seriously? There is no information to confirm or deny that people conducting illegal business would be treated in a discriminatory manner or would suffer serious harm because they carry out illegal business practices. 2. Please provide information on the broad legal procedures to be followed in Vietnam in cases where there is a dispute of money wrongfully gained through illegal business? According to the most recent US Department of State Country Report on human rights practices of March 2010, people in Vietnam are able to have recourse to the people‟s court. Each district has a people's court, which serves as the court of first instance for most domestic, civil, and criminal cases. Moreover each Province also has a people's court, which serves as the appellate forum for district court cases. Administrative courts adjudicate complaints by citizens about official abuse and corruption. There are also special committees to help resolve local disputes.1 The Courts of first instance at district and provincial levels include judges and lay assessors. People's councils appoint lay assessors from a pool of candidates suggested by the VFF (Vietnam Fatherland Front - an umbrella group which monitors the country's mass organizations). Lay assessors are required to have "high moral standards," but legal training is not required, and their role is largely symbolic. There is a shortage of trained lawyers and judges and low judicial salaries hinder efforts to develop a trained judiciary. -
Hidden in Plain Sight: Domestic Corruption, Fraud and the Integrity Deficit ‘Corruption Remains One of the Most Pressing Challenges of Our Time
Hidden in plain sight: domestic corruption, fraud and the integrity deficit ‘ Corruption remains one of the most pressing challenges of our time. It promotes mistrust in governments, public institutions, banks, corporations, politicians, political parties, democracies, you name it. It corrodes our social fabric.’ Angel Gurría, OECD secretary-general, 9th Annual Conference: International Forum on Business Ethical Conduct, 14 November 2018 Hidden in plain sight: domestic corruption, fraud and the integrity deficit Does the UK have a corruption problem? Officially, no. In reality, we just don’t know. The heavy emphasis placed on overseas corruption in recent years has taken our eye off the ball at home. The data are sketchy, the infrastructure non-existent, and no-one is in charge. And what about all of the everyday activity which, whilst not strictly illegal, undermines openness, integrity and fair dealing in politics, government and business? What if, when we do look more closely (and think more clearly), we are in for a nasty shock? 1 Defining corruption Corruption is hard to pin down. Domestic corruption all the more so. That’s why we have a Bribery Act, not one that tries to define the term and offence of ‘corruption’. Nor is there agreement on a working definition. The vastness of this hinterland of small The traditional one – ‘the abuse of public office for transgressions and marginal behaviours (things private gain’ – feels out-of-date in a world of that can easily pave the way for much bigger widespread public service provision by private things) is what makes corruption so hard to tackle sector companies. -
Lecture 2: CORRUPTION & ORGANIZED CRIME Chiara Superti
Lecture 2: CORRUPTION & ORGANIZED CRIME Chiara Superti OUTLINE 1. Introduction 2. Two types of organized crime - New transnational crime groups - Old/traditional organized groups or Mafias - Relationship with the State - Use of corruption - Type of business - Relationship with their communities 3. How the traditional Mafia uses corruption: - Judicial corruption - Political corruption - Police corruption - Private sector corruption 4. Red Mafia vs Cosa Nostra: similarities. 5. Why is organized crime challenged under totalitarian regimes? 6. Why does it prosper during transition? - Lack of law enforcement - New wealth - New actors 7. The services of private protection 8. Wrap up Reading of reference and other sources for today’s lecture: Briquet, J. L. (2003). Organised crime, politics and the judiciary on post-war Europe. In F. Allum and R. Siebert (eds.), organised crime and the challenge to democracy. London: Routledge. 1 Gambetta, Diego. The Sicilian Mafia: the business of private protection. Harvard University Press, 1996. Gounev, Philip and Tihomir Bezlov, Examining the Links between Organised Crime and Corruption. Center for the Study of Democracy, European Commission, 2010. Gutauskas A., Juska A., Johnstone P., and Pozzuto R. (2004) Chang ing Typology of Organised Crime in a Post-Socialist Lithuania (the Late 1980s–Early 2000s). Global Crime, 6 (2). Paoli L. (1999) The Political Criminal Nexus in Italy. Trends in organized Crime, 5 (2). Paoli, L. (2003) Mafia brotherhoods: organised Crime, Italian Style, Oxford: Oxford University Press. Plywaczewsky E. (2004/2006) Organised crime in Poland: its development from real Socialism to present times. In Paoli, L. and Fijnaut, C. (eds.), organised Crime in europe. Dordrecht: Springer. -
Five Years of Civilian Review: a Mandate Unfulfilled July 5,1993 - July 5,1998
NYCLU Special Repo..t Five Yea..s of Civilian Review: A Mandate Unfulfilled July 5,.·1993-July S, 1998 New YOl'kCivil Liberiies Union, 125 Bl'oad Stl'eet, NYC 10004 ';\ NYCLU SPECIAL REPORT Five Years of Civilian Review: A Mandate Unfulfilled July 5,1993 - July 5,1998 New York Civil Liberties Union Norman Siegel Executive Director Robert A. Perry Cooperating Attorney November 15, 1998 New York City TABLE OF CONTENTS Page I. Summary of Findings. 1 II. Introduction. ...... ............ ..................... ......... ... .. 2 III. The CCRB's Disposition of Police Misconduct Complaints 14 IV. Stonewalling the CCRB: The Police Commissioner's Failure To Act on Substantiated Complaints................... 19 V. Educating the Public and Monitoring Police Department Policies and Practices. ............ ........ 21 VI. Recommendations................................................ 27 Tables Table I: Complaint Substantiation Rates, 1986-1992 Table I-A: Complaint Substantiation Rates, July 1993 - June 1998 Table II: CCRB Disposition of Complaints July 1993 - June 1998 Table III: Police Misconduct Allegations 1986-1992 Table III-A: Police Misconduct Allegations 1993-1997 Table IV: Complaints Substantiated by the CCRB that Result in Disciplinary Action by the Police Department Table V: CCRB Substantiated Cases and their Status at the Police Department January 1996-June 1998 Table V-A: Police Department Dispositions of Substantiated Complaints Against Police Officers January 1996-June 1998 Attachments NYCLU letter to Police Commissioner Howard Safir Letter from Police Commissioner Howard Safir to the NYCLU I. Summary of Findings • From its inception New York's all-civilian review board has been implemented in a manner that virtually ensured it would not provide the oversight called for in the City Charter. -
Preventing Corruption in Local Governments: the Netherlands
SIGMA Support for Improvement in Governance and Management A joint initiative of the OECD and the European Union, principally financed by the EU Preventing Corruption in Local Governments: The Netherlands by Emile Kolthoff Office of Local Government Ethics, the Netherlands Conference on Public Integrity and Anticorruption in the Public Service Bucharest, 29-30 May 2007 This document has been produced with the financial assistance of the European Union. The views expressed herein are those of the author, and can in no way be taken to reflect the official opinion of the European Union, and do not necessarily reflect the views of the OECD and its member countries or of the beneficiary countries participating in the Sigma Programme. Integrity Policy for Public Administration in the Netherlands In the Netherlands, responsibility for developing integrity policy for public administration lies with the Minister of the Interior and Kingdom Relations. However, the policy developed is subsequently implemented in a decentralized manner, and although policy documents, legislation, and regulations generally relate to all public administration, they are elaborated in more detail for various sectors, including municipalities and the police. The current Dutch governmental integrity policy is generally recognized to have been initiated in a 1992 speech by then Minister of the Interior Mrs.Dales to the annual congress of the Association of Netherlands Municipalities. On this occasion, the Minister emphasized the importance of integrity in public administration and the dangers of misuse of power. Before this speech, attention to integrity in the Netherlands had been slowly declining since World War II. Instead, during the 1980s, the first two cabinets of Prime Minister Lubbers had emphasized effectiveness and efficiency. -
August 10, 2015 by E-Mail
ActionAid International USA August 10, 2015 American Jewish World Service Amnesty International The Borgen Project By E-Mail: Bank Information Center Chair Mary Jo White CARE USA Catholic Relief Services Commissioner Luis Aguilar Columban Center for Advocacy and Commissioner Daniel Gallagher Outreach CorpWatch Commissioner Michael Piwowar Crude Accountability EarthRights International Commissioner Kara Stein EARTHWORKS EIRIS Conflict Risk Network Environmental Defense Fund Securities and Exchange Commission EG Justice 100 F Street, NE Friends of the Earth Gender Action Washington, DC 20549-1090 Global Financial Integrity Global Rights Global Witness Re: Rulemaking for Section 1504 of the Dodd-Frank Wall Street Reform Government Accountability Project and Consumer Protection Act – Institute for Economics and Peace finds a Human Rights Watch International Budget Project statistically significant relationship between corruption and violence International Labor Rights Forum Justice in Nigeria Now Maryknoll Office for Global Concerns Dear Chair White and Commissioners: Micah Challenge USA Natural Resource Governance Institute As you continue work on an implementing rule for Section 1504 of the ONE Campaign Dodd-Frank Act, please consider a recent study released by Institute for Open Society Policy Center Oxfam America Economics and Peace (IEP) that shows a statistically significant relationship Pacific Environment Presbyterian Church USA between corruption and violence – both civil and international. Project on Government Oversight Robert -
The Impact of Surveillance Technology on the Behaviors Of
THE IMPACT OF SURVEILLANCE TECHNOLOGY ON THE BEHAVIORS OF MUNICIPAL POLICE DEPARTMENTS Sinan Ulkemen, B.S., M.P.A. Dissertation Prepared for the Degree of DOCTOR OF PHILOSOPHY UNIVERSITY OF NORTH TEXAS December 2009 APPROVED: Robert L. Bland, Major Professor and Chair of the Department of Public Administration Simon A. Andrew, Committee Member Abraham D. Benavides, Committee Member Eric J. Fritsch, Committee Member Thomas L. Evenson, Dean of College of Public Affairs and Community Service Michael Monticino, Dean of the Robert B. Toulouse School of Graduate Studies Ulkemen, Sinan. The Impact of Surveillance Technology on the Behaviors of Municipal Police Departments. Doctor of Philosophy (Public Administration and Management), December 2009, 212 pages, 19 tables, references, 97 titles. Citizen complaints about inappropriate use of force indicate negative police- public relations, unresponsive police services, and the unresponsiveness of police management to citizens’ concerns. However, the effective delivery of key policing services depends on the performance of individual police officers. Surveillance technology can monitor and control the behavior of officers, ensuring that police officers provide high quality policing services that meet the needs of citizens. Examples of surveillance technology such as in-car cameras and CCTV can be used as an administrative tool to respond to citizen complaints by police chief executives. This research examines the effect of surveillance technology on the behavior of municipal police departments that is operationalized as the number of citizen complaints that were filed against municipal police departments. This research also examines the impact of surveillance technology on dismissed and sustained complaints by using 511 large municipal police departments in the U.S.