HomeMy WebLinkAboutR-93-0255I
J-92-847
11/03/92 9 3- 255
RE9�iTI'ICY1 I�10.
V:o Leal
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WifREAS, in January of 1990, the police department conducted an
assessment of its training needs; and
WHERFMt this assessment revealed a need for training in cultural,
ethnic, age, orientation, and disability related topics; and
W WWM, six prospective vendors were interviewed for the provision of
this type of training; and
WHMASr N=E uss selected and has agreed to conduct a min.lnum of 38
three day sessions over a three year period, reaching 950 sworn personnel; and
WHEREAS, funds to cover the necessary expenses required for the above
training are available in the Ira Erlforoement Trust Fund.; and
MOMS, the Chief of Police has recta -- - - d adoptiun of this
Resolution;
NOW, THEREEM, BE IT RESMVED BY 7W OCWSSION OF 7W CITY OF MUM r
ATTACHMENT (S)I
CONTAINED
CITY COlmsslaff
MEETING OF
APR 1 5 i3
R"Oludw 1401
93- 255
0
E2
Section 1. The recitals and findings contained in the Preamble to this
Resolution are hereby adopted by reference thereto and Jjmxporat ed herein at
if fully set forth in this Section.
Section 2. The City Man"W is hereby authorized to awmIte
Professional services Agreement, in substantially the attached form
with NOME, to prepare and present training for the City of Miami Police
Department over a three year period, with funds therefor hereby allocated in
an amount not to exosed $300g,000 from the Law EnfczveMant Trust Funds, Project
No. 690001, index Code 029002-2471, such costs having been approved by the
Chief of Police.
Tw"w
Section 2. This Resolution shall becom effective inmediately upon its
pASSM AM ADMW THIS 15th DAY
APPWM AS TO FCM4 AND Lgloss t
2
93- 255
M,
PROFESSIONAL SERVICES AGRBEMEIrr
THIS AGREEMENT is entered into this day of
, 1992, by and between the CITY OF MIAMI, a
municipal corporation of the State of Florida, hereinafter
referred to as "THE CITY", and National organizational of Black
Law Enforcement Executives, hereinafter referred 'to as the
"PROVIDER";
RECITAL.
WHEREAS, the CITY and the PROVIDER enter into this —
Professional Services AGREEMENT with the knowledge and spirit of
full cooperation of the mutual covenants and obligations herein
contained, and subject to the terms and conditions hereinafter
stated, the parties hereto understand and agree as followss
ARTICLE I
SCOPE OF SERVICES
The PROVIDER shall implement the following professional services for the City of Miami Police Department, hereinafter referred to
as the "DEPARTMENT."
1) The PROVIDER shall develop a Training Program based on
the needs of the Department as articulated in the
January 1990, "The Miami Police Department an
Assessment of Training Needs" prepared by the PROVIDER,
and in subsequent discussions between the PROVIDER and
the Chief of Police, with special attention to the
Field Operations Division addressing multi-
cultural/multi-ethnic/multi-aged/multi-oriented/multi-
disabled topics.
2) The PROVIDER shall meet with representatives of sworn
personnel throughout the DEPARTMENT, designated
community representatives, and relevant and mutually
agreed on others in the preparation of (1) above.
3) The PROVIDER shall conduct a. minimum of 38 3-day
training sessions for 950 DEPARTMENT sworn personnel
(the rank of Lt. and below)over a three year period,
and 1 1/2-day training session for command. staff.( Capt.
and above) addressing multi-cultural/multi-
ethnic/multi-aged/multi-oriented/multi-disabled topics.-
-
4) The PROVIDER in consultation with designated DEPARTMENT
++.
personnel, shall admit a mutually agreed on number of
personnel from other police departments in the Miami
area to the training indicated in (3) above.
z
5) The PROVIDER, in consultation with designated
d
DEPARTMENT personnel and community representatives,
t'
shall develop an evaluation process to determine.;the
effectiveness of the multi-cultural/multi-ethnic/multir
aged/multi-oriented/multi-disabled community.
6) The PROVIDER shall meet with DEPARTMENT personnel from
Y
the Field Training Officers Program and the Training
Unit to design a linkage process between`the two,
93- 2_'
7) The PROVIDER shall provide the DEPARTMENT with
quarterly reports reflecting progress of the evaluation
process along with observations and recommendations on
the training.
8) The PROVIDER shall make every effort to use local
consultants whenever possible to assist in conducting
training for the multi-cultural/multi-ethnic/multi-
aged/multi-oriented/multi-disabled community.
ARTICLE II
COMPENSATION
CITY shall pay the PROVIDER, as maximum compensation for the
services required pursuant to Article II hereof, $300#000.00
Payment of $50,000.00 shall be made within thirty (30) days after
execution of this agreement and $35,000.00 for four (4) quarters
and $22,000 for five (5) quarters with receipt of an invoice.
The total compensation shall not exceed $300,000.00.
ARTICLE III
A. TERMS
The AGREEMENT shall commence immediately after it is signed
by the City Manager.
B. RENEWAL
Upon mutual agreement to the parties, this AGREEMENT may be
renewed for one (1) additional year. Prior to renewal, the terms
and conditions relating to compensation and professional services
will be renegotiated.
ARTICLE IV
TERMINATION
THE CITY retains the right, upon 12 days written notice, to
terminate this AGREEMENT at any time prior to the completion of
the services required pursuant to the AGREEMENT without penalty
to CITY. In that event, notice of termination of the AGREEMENT
shall be in writing to PROVIDER, who shall be paid for those
services performed prior to the date of its receipt of the notice
of termination. In no case, however, will CITY pay PROVIDER an -
amount in excess of the total sum provided by this AGREEMENT.
It is hereby understood by and between CITY and PROVIDER
that any payment made in accordance with this Section to PROVIDER
shall be made only if said PROVIDER is not in default under the
terms of the AGREEMENT. If PROVIDER is in default, the CITY
shall in no way be obligated and shall not pay to PROVIDER any
sum whatsoever.
93 255:
Should PROVIDER not be able to provide the services in
Article I, PROVIDER should give THE CITY twelve (12) days written
notification of cancellation and will be liable for cost incurred
by THE CITY for the printing of material, etc.
ARTICLE V
INDEPENDENT CONTRACTOR
The PROVIDER and its employees. and agents shall be deemed
to be independent contractors, not agents or employees of the
CITY, and shall not attain any rights or benefits under the Civil
Service or pension Ordinances of the CITY or any rights generally
afforded classified or unclassified employees; further they shall
not be deemed entitled to Florida Worker's Compensation benefits
as employees of THE CITY.
ARTICLE VI
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordi-
nances and codes of Federal, State and Local Governments.
PROVIDER agrees that it shall not discriminate as to race, sex,
age, color, creed, national origin or handicap in connection
with its performance under the AGREEMENT.
PROVIDER shall abide by Ordinance No. 10538, the Minority
Procurement Ordinance of the City of Miami and the conflict of
interest laws of the City of Miami (City of Miami Code Chapter 2,
Article V), Dade County Florida (Dade County Code Section 2-11.1)
and the State of Florida, and agrees that it will fully comply in
all respects with the terms of said laws.
ARTICLE VII
MONITORING
The PROVIDER agrees to permit the CITY and authorised agents
to monitor, according to applicable regulations, the program
which is the subject of the AGREEMENT.
ARTICLE VIII
OWNERSHIP OF DOCUMENTATION
All documents developed by PROVIDER under the AGREEMENT
shall be delivered to CITY by said PROVIDER upon completion of
the services required pursuant to the AGREEMENT and shall become
the property of CITY, without restriction or limitation on its
use. PROVIDER agrees that all documents maintained and generated
pursuant to this contractual relationship between CITY and PRO-
VIDER shall be subject to all provisions of the Public Records
Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by CITY to PROVIDER pursu-
ant to the AGREEMENT shall, at all times, remain the property of
CITY and shall not be used by PROVIDER for any other purposes
whatsoever without the written consent of CITY.
ARTICLE IX
A. INDEFiNIFICATION ==4'
The PROVIDER shall indemnify and save the City harmless from
and against any and all claims, liabilities, losses and causes of
' action, which may arise out of PROVIDER's activities under this
AGREEMENT including all other acts or omissions to act on the
part of the PROVIDER or any of them, including any person acting
for or on his or their behalf, and, from and against any others,
judgements or decrees which may be entered and from and against
all costs, attorney's fees, expenses and liabilities incurred in
the defense of any such claims or in the investigation thereof.
B. INSURANCE
The PROVIDER has over fourteen years of experience in the
field of Criminal Justice. The PROVIDER has developed
public policy; has collaborated in the. development of
- strategics and standards for the accreditation of law
_ enforcement organizations: has been in the forefront of the
development and implementation of fundamental policies and
= procedures which enhance the response to the needs of
communities from law enforcement agencies; and the members
include police chiefs, command level law enforcement
_ officials; and others associated in the Criminal Justice
arena. The PROVIDER has established a reputation for
providing research, training and consultation in Criminal
Justice issues: The PROVIDER has conducted Community
= Oriented Police Systems Training Program for Greenaboroj NCI'
St. Louis, MO; Washington, DCt and Inglewood, CA. The
PROVIDER has conducted victim assistance and Hate
Violence/Cultural Awareness Training for Baltimore, MD1
Metro Dade, FLt Denver, CO; Chicago, ILL: toucher College,
and International Association of Campus Law Enforcement
Administrators.
;k
x
255
W
It is requested that the PROVIDER be exempt from the
regularly required insurance. The Training Unit of the
DEPARTMENT will accept responsibility of monitoring all
activities as it relates to the PROVIDER's involvement with
providing training.
ARTICLE X
AWARD OF AGREEMENT
PROVIDER warrants that they have not employed or retained
any person employed by the CITY to solicit or secure the
AGREEMENT and that they have not offered to pay, paid or agreed
to pay any person employed by the CITY any fee, commission
percentage, brokerage fee, or gift of any kind contingent upon or
resulting from award of this Agreement.
ARTICLE XI •.
CONTINGENCY CLAUSE
Funding for the AGREEMENT is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds or
authorization, reduction of funds and/or change in regulations.
ARTICLE XII
DEFAULT PROVISION
In the event that PROVIDER fails to comply with each and
every term and condition of the AGREEMENT or fails to perform any
of the terms and conditions contained herein, then CITY, at its
sole option, upon written notice to PROVIDER may cancel and
terminate the AGREEMENT and all payments, advances or other
compensation paid to PROVIDER by CITY while PROVIDER was in
default of the provisions herein contained, shall be forthwith
returned to the CITY.
ARTICLE XIII
ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only AGREEMENT of the parties hereto relating to said grant and -
correctly set forth the rights, duties and obligations of each to
the other as of its date. Any prior AGREEMENTS, promises,
negotiations or representation not expressly set forth in this
AGREEMENT are of no force or effect.
ARTICLE XIV
NOTICES
GENERAL CONDITIONS
A. General conditions or other communications which shalt or
may be given pursuant to the AGREEMENT shall be in writing
93" 2 `
„4
and shall be delivered by personal service or oy registerea
mail addressed to the other party at the address indicated
herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which
personally served; or if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI NATIONAL ORGANIZATION OF 13LACK
3500 Pan American Drive LAW ENFORCEMENT EXEC TI E
Miami, Florida 33133 908 Pennsylvania Avenue, S.E.
Washington, D.C. 20003
COPY TO: Chief of Police
400 N.W 2nd Avenue
Miami, Florida 33101
B. Title and paragraph headings are for convenient reference
and are not a part of the AGREEMENT.
C. In the event of conflict between the terms of this AGREEMENT
and any terms or conditions contained in any attached
documents, the terms in the AGREEMENT shall rule.
D. Should any provisions, paragraphs, sentences, words or
phrases contained in the AGREEMENT be determined by a court
of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of
Florida or the City of Miami, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the
extent necessary in order to conform with such laws or if
not modifiable to conform with such laws, then same shall be
deemed severable and in either event, the remaining terms
and provisions of the AGREEMENT shall remain unmodified and
in full force and effect.
-6-
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the persons thereto legally '
authorized, this the day and year first above written.
ATTEST: NATION OANIZATIO OF ELAN
LAW ENF R ErTT E7CE IVES
' RBY:
�W TNESSS FA TIVE DIRECTOR
WITNESS
CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE
OF FLORIDA
ATTEST: BY:
CITMANAGER
CITY CLERK
APPROVED:
CHIEF OF POLICE
APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO INSURANCE
REQUIREMENTS:
T TTQEY G4.. DEPAR OF RI AQEMENT =
93- 255
e
31 CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : DATE ' FILE :
The Honorable Mayer and Members IlL"' V 3 01992
of the City Commission
SUBJECT : Recommendation for a Resolution
Authorizing the Funding of the
NOBLE Training Conference
FROM : Cesar H. Od REFERENCES:
-r City Manager _
I ENCLOSURES:
7
_R
�t
RECOMMENDATION:
It is respectfully recommended that a Resolution authorizing the
City Manager to enter into a Professional Services Agreement with
--= the National Organization of Black Law Enforcement Executives,
hereinafter "NOBLE," for a three year period, for the provision
of multi -cultural training to the City of Miami Police
Department, at a total cost of $300,000, be approved. Funding
will be from the Law Enforcement Trust Fund, Project No. 690001,
Index Code 029002-247.
The Police Department interviewed six prospective vendors for the
provision of training to its sworn personnel. Based upon an
evaluation of the departments needs, as articulated in a January
1990 study entitled, "The Miami Police Departments an Assessment
of Training Needs," the department selected NOBLE as the most
qualified vendor for the provision of this training. The
training will address cultural, ethnic, age, orientation, and
disability related topics. Training will include a minimum of 39
3-day training sessions, reaching 950 sworn personnel over a
three year period. Command level personnel will receive 1 1/2
days of training.
It is, therefore, recommended that the Resolution authorizing the
City Manager to enter into a Professional Services Agreement with
NOBLE, for a three year period, at a cost not to exceed $300,000,
funding to be provided from the Law Enforcement 'Trust Fund,
Project No. 690001, Index Code 029002-247, be approved.
M,
AFFIDAVIT
STATE OF FLORIDA:
SS
COUNTY OF DADE s
r
Before me this day personally appeared Calvin Ross, who
being duly sworn, deposes and says that:
I, Calvin Ross, Chief of Police, City of Miami, ;n hereby
certify that this request for expenditure from the City of Miami
Law Enforcement Trust Fund, for the funding of ZrAja`og to be
VX"finted by the National Organization of Black Law En f orcement
Executives in an amount not go fkagaed S300.000. comp"ies with
the provisions of Section 932.704, Florida Statutes.
Pdvin Ross
Chief of Police
City of Kiami police Department
Subscribed and sworn to before me this day of ,
1992, by Calvin Ross, who is personally known to me.
NOTARY PUBLIC EftATE OF FL IDA
AT LARGE -
A)6 . 6y 8 a Vs-
6G�a: u T�:ui;~C: uZk l Ins. CND.
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NAACP POLICE CONDUCT HEARINGS TASK FORCE
DENNIS C. HAYES WIWAM H. PENN
'—
Ei'erNrol Couwset Director
&&V ch and AW Sarvket
• s
JANICE WASHINGTON JACK GRAVELY
Asststont director HawkV Coordirwtor
dronch and Fidd Service
—
Esc-O(rkfo
—
DR. BENJAMIN L. HOOKS
Dk ector/CEO
The NAACP acknowledges with gratitude the outsnnding cooperation received from elected officials.
-
law enforcement personnel, and private citizens in the course of the poke conduct hearings. We are especially
grateful to the local offkers and nw nbers of the NAACP branches in the titles we visited for their invaluable
=
assistance. ,
CRIMINAL JUSTICE INSTITUTE
Harvard law School
w —
CHARLES J. OGLETREE. R. WILLIAM TALLEY. R.
J J j
Directs Cllokol fnswctor
ABBE SMITH MARY PROSSER
Deputy Director ClInkof Mhstructor
MAUREEN F. LEARY CHRISTA EVERETEZE
Adn*dt aodre Director Staff Assistont
—
The Criminal Justice Institute wishes to acitnowledge Ann Ashton. jenifer BwWfter. Carla Caesar.
Sally Greenberg. Lerida J*wn, William Lee, Christopher Lem. Susan Michaelson. Andrea Phillips. Mardn
Rosenthal, Seth Rosenthal. Melissa Scott. Mtdody Webb, and for their contributions to this report. as WOE
as family, friends. and students for putdng up with us throughout the project.
THE WILLIAM MONROE TROTTER INSTITUTE
JAMES JENNINGS. Ph.D. Research Assistants:
Director
SuzanBak
HAROLD W. MORTON, Ph.D. s M' er
Associate DTrettor Cheryl H. Brown
—
George Coxi
Aken Felder
. .Fred D.Johnson
Crystal McFd
_
93. 255
_
Copyright (D 1993
4
,; .. .. .. .... ,.. . �....: . ..yt. .; .. .. , r 1 •.Sirs: Fa .. ..
,'
1hDREitARD•.o.•r••i•••••i•••r•ri•i••!•••••..••••.••i••r••.!•�►i
�• iL��ilVv��►��LM�i•ir•i•i•i•ii..illi•ri.i•••rii.iiii••ii••11••�
A. NAACP, WI, 16� .r..•,•.••.i•.r•i.i••ii•••rii•i.ii,1
B. METHODOLOGY OF THE REPORT.00000000•.0600060044.i.i•ir.3
C. POLICE CONDUCT AND COMMI3Na; RELATIONS: -
DEFINING THE PAO�L"I...ri..i..i..•......i.....i....•..5
D. THE IMPORTANCE OF RACE............•.....•.........•...10
A. RACISM IS A CENTRAL PART OF
—
POLICE MISCONDUCT.,.....r...r.........i.......i......Z3
1. Race is a chief motivating Factor
in police suspicion, stops
-
and searches..........,..........................Z3
Z. Young black man are overrepresented
in the criminal justice systam.00.000690000090.0030
B. CITIZENS EXPERIENCE POLICE ABUSE
IN A WIDE VARIETY OF FORMS..••i.o•i,.i•,.•r••...•••.••35
1. Excessive force has become
a standard part of arrest procedure,•.....t•,...•35
2. Physical abuse by police officers
is not unusual or aberrational.....•..i.i..•.....46
—
3. Verbal abuse and harassment are
the most common forces of police
abuse and are standard police
.behavior -in minority
i.- -False charges and retaliatory actions
_
against abused citizens sometimes
follow incidents of abuse ....... .................54
a. -Field interrogation 'cards'' may bs
-
used as a harassment tool.by police.00000000r804957
... 93-
255 {�
C. POLICE DEPARTMENTS RAVE ONLY BEGUN TO
ADDRESS POLICE ABUSE AND HAVE FAILED TO
TRACX OR DISCIPLINE OFFICERS WHO ARE
REPEAT VFNDa«i7 i i • i • i i • i i • i • i i i i i i • • • • • • • • • O • • • • • • • • • �8
1• Some police departments have
established new policies regarding
the use of force against citizens..•.•...........58
2. Many departments have inadequate
procedures for monitoring and '
responding to patterns
of misconduct by o!licers........................60
D. CIVILIANS SELDOM PREVAIL IN COMPLAINTS
AGAINST POLICE OFFICERS...•...•..•.•.•..•.•..•......•.71
1. Citizens are afraid to complain
to the police about police
misconduct••••••s•..•..•••..••..•••••••.••••.••••71
_ 2. The police procedures for
civilian complaints of police
misconduct are not widely
publicized in the community ......................76
3. The police discourage citizens
from filing complaints
_ of police misconduct .............................79
4. There is overwhelming citizen
dissatisfaction with police
investigations of citizen. complaints....'.........87
5. -citizens rarely prevail
in police investigations•..................._:....99
6. Civil law suits rarely provide
relief to victims of police abuse......•.........lOs
E. THERE SEENS TO BE A CORRELATION BETNEW
THE RACE OF THE OFFICER, THE RACE OF
THE CITIZEN, AND MM INCIDENCE OF AWSE.... ...•.......108
1..- Minority citizens report greater violence
at the hands of white olfic4rs...................108
2. African American police officers may be
under granter pressu=e to'tolerate
raciallly—!m_ot_ivated police abuse to
• •'-keeg tliai=: jo 8:.jambs.•.:.:*•:.'•........:.•.:..•i..••.sill r -
.• -.- .•... .:... f- 9a255.
i
F 1 VIERS
t8 AN "go VUSUS TM" MENTALITY IN
POLICE COMMUNITY ......ii4 —.
1•
A "code of silence" COntinues to
-
exist in many police departaentsi.•.••..•.•/••..•114
- 2.
Police and elected officials vary
widely in the opinions they voice
-=
regarding the prevalence of =
police misconduct and the
code of silence......•...••......1..............•117
3.
Some police departments,are -
-
attempting to move away from
an "us versus them" attitude
to a philosophy of cooperation =
with the community•••••/./.•..••.....•/•..•..•.•.127—
• 4.
There must be greater inclusion of -
minorities in police departments
-
and police decision-making.•..//•.i..•••••....i/.133 =
5.
Where has been an increase
in minority representation
in many police departments,
_=
®
but some departments continue to fail to
reflect the communities they serve....•......9i•.136 -
6.
African Americans and other -
-
minorities are poorly represented
in ranks above patrol officer -
and in the specialized units
-
in many police departments...../.•.•.../•/..•..•.150 -
- G. POLICE DEPARTMENTS ARE BEGINNING TO
RESPOND TO THE NEEDS OF THE COMMUNITY -
- IN
POLICE TRAINING PROGRAMS ... ..../.....i.i......•.•..157
1.
Police departments are beginning -
_
to require basic training -
'in cultural diversity/./...••......•../1......•..iS7
2.
Some police departments have•
_
instituted in-service cultural
-,-:diversity.. training...:... ................, • ..• . • .. • . • .9162 -
H. RACISM 8AS A DETRIMENTAL EFFECT ON THB-
POLICING FUNCTION. • •....,. • .. • 0 .. • :.:.. ••.• 0.... • ..... • . ••..166 -
.i�1• RECO�II�NDATtO1�B•i!♦•••••s•••'••••+!♦ii•••♦•♦•♦siiii♦••♦i174
A. THERE MUST BE O PINO CHM0E
Xw THE CONCEPT Or POD+ICIN06••♦•s•ss•♦♦66604000000♦6•00174
1s "Us and them" dynani0 must 0hangess•s•s.9s♦•ss•.•174
2. Police officars aunt be part
of the community they servo .......s••.•.ssi.••.••177
3. Police officers must be
reconceptualised
as social service providers.i•iss.s♦i•..••••..•••180
B. THERE MUST BE GREATER POLICE
ACCOUNTABILITY.6.496.00.00000.•....•.♦....i•.•.•.•.i.•184
1. Goals, objectives, and
priorities.......................................187
2. Screening, hiring, and training..................188
3. Performance appraisal, evaluation,
and accountability....................•..........189
4. Civil service laws need to be
reevaluated....................s.•...............194
C. THERE MUST BE A COMMITMENT TO
DIVERSITY IN HIRING............♦...................•..194
1. Police departments should
reflect the communities
they serve ............... �.......................194
2i Police leadership must be
more diverse.....................................199
D. POLICE DEPARTMENTS MUST EVAWATE
CRITERIA FOR RECRUITMENT AND HIRINGiss.9.•s...••9..s9.200
1. Police departments should
recruit better educated
•candidatess«:•s...«.•.:..«..:......sos•..•see ...•.•200
2. A special effort should be made
to recruit candidates who are
less potentially=violent•s•.•••ss••♦•••wss•.ss..••..202
..f � . ::«• •1 �.•.. ...�� ti.�.I r•�•. �•• .•'�►•�� •�., �.�: '..: •i"'••. 1tii•• i • A ,.•�•. ,ice
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NAACP POLICE CONDUCT HEARINGS TASK FORCE
DENNIS C. HAYES
WILLIAM H. PENN
+Ge" Cft"W
Dkector
Branch end PAW Swvkes
JANICE WASHINGTON
JACK GRAVELY
Assft6nt Director
HavMgs Coo &WW
&each and Fkfd Servkes
Ex-O/j► do
DR. BENJAMIN L. HOOKS
Exeardve DMecter/CEO
The NAACP acknowledges with gratitude the outstanding cooperation received from elected officials.
law enforcement personnel. and private citizens in the course of the poke conduct hearings. We are especially
grateful to the local officers and members of the NAACP branches in the cities we visited for their Invaluable
assistance. ,
CRIMINAL JUSTICE INSTITUTE
Harvard Lew School
CHARLES 1. OGLETREE. JR. WILLIAM TALLEY. JR.
Director CEnkd instructor
ABBE SMITH MARY PROSSER
Douty Dkector C*al ksbvctor
•
MAUREEN F. LEARY CHRISTA EVERETEYE
Adminituadve Director Staff Assistant =
The CrhnbW Justice Institute wishes to acknowledge Ann Ashton. jenifer Bensinger. Carla Caesar.
Sally Greenberg. Letitia johison. William Lee. Christopher Lenzo, Susan Michaelson, Andrea PhMips. Martin
Rosenthal. Seth Rosenthal, Melissa Scott. Melody Webb, and for their contributions to this repom as well =
as family. friends. and students for putting up with us throughout the project. —
THE WILLIAM MONROE TROTTER INSTITUTE
JAMES JENNINGS. Ph.D. Research Assistants:
Dheccor .
HAROLD W. HORTON. Ph.D. Suzanne M. Baker
Associate Dkettor Cheryl H. Brown
Tam or C-Ormns
l�OFS"iDlFD..•a•• *as ••.e.eee•.••••.e...•.ee•.*so •so* .•• so* ••evi
+ �
-, i • ia�isw\riiVbt s • • i • • e a a a • • •.i • . i e • e . • • • s a • • e • e . • a • a e • e • • • i
A. NAACP, Cilf T Q?TTEi�.e.e..•..•....+•..e•ea..+•...•...•.1
H. METHODOLOGY OF THE REPORT.....0e641...e•e•..664•0•ee66.3
C. POLICE CONDUCT AND CONY RELATIONSt
DEFINING T88 PROSLEI�i.........a.........e..e.......••..5
D. THE IMPORTANCE OF FACE.0000000000e0060000000468.00000010
A. RACISM IS A CENTRAL PART OF
POLICE MISCONDUCT...e...oe..e.e•oe•....•.•••.•....••.23
1.
Race is a chief motivating factor
- _
in police suspicion, stops
and searches.....................................23
2.
Young black men are overrepresented
_-
in the criminal justice systam........•........e.30
B. CITIZENS MWERIENCE POLICE ABUSE
IN A
WIDE VARIETY OF FORME ............................35
1.
Excessive force has become -
-
a standard part of arrest procedure......•*e.....35
2.
Physical abuse by police officers
_
is not unusual or aberrational ...................46
' 3.
Verbal abuse and harassment are
the most common forms.of police
_
abuse and are standard,police -
_
behavior in minority communities ...... a.......•.•50
_ 4 ,-
.False charges and retaliatory actions =
against abused citizens sometimes
=
follow incidents of abuse........................54
5. • '
Field interrogation' cap be -
_ -
used as a hara,.ssment tool by police... o*os000sees37 -
,
- _
93- 255' -
t
i
• r _
5•
y
C. POLICE DEPARTMENTS RAVE ONLY BEGUN TO
ADDRESS POLICE AMOS AND HAVE FAILED TO
TRACK OR DISCIPLINE OFFICERS WHO ARE
REPEAT OFFENDERS•.....•...•....... ,.•.........•.......l�8
11. Some police departments have
established new policies regarding
the use of force against citizens•.......».•....•58
2. Many departments have inadequate
procedures for monitoring and '
responding to patterns
of misconduct by Offi"ers•••s.••s••••••••••••••••6�
D. CIVILIANS SELDOM PREVAIL IN COMPLAINTS
AGAINST POLICE OFFICERS•••.••••.•••.•.•.•••••••••..•••71
1. Citizens are afraid to complain
to the police about police
misconduct..••••••••••••••.•••••000060000•000600•71
2. The police procedures for
civilian complaints of police
misconduct are not widely
publicized in the community....•.......•.........76
3. The police discourage citizens
from filing complaints
of police misconduct.............................79
4. There is overwhelming citizen
dissatisfaction with police
investigations of citizen complaints....••.».••••87
5. • Citizens rarely prevail
in police investigations.................... Y • ...99
6. Civil law suits rarely provide
relief to victims of police abuse................105
E. THERE SEEMS TO SE A CORRELATION BEMM
THE RACE OF THE OFFICER, THE RACE OF
THE CITIZEN, AND TSE INCIDENCE OF AWSE...............108
_ 1. - Minority citizens report greater violence at the hands of white off cers..•...........•....108
2. African American police officers may be
under greater pressure to'tolerate
racially activated police abuse to
'keep their• jobs:.jobs.•.:•:••:.'•'.•.•..:._•••:.:•:••••••111 --
• . ....-. ...'• 93- 255
3. Some police departments.are
attempting to move away from
an "us versus them" attitude
to a philosophy of cooperation
with the community.............000..............0127
4. There must be greater inclusion of
minorities in police departments
and police decision-waking.......................133
5. There has been an increase
in minority representation
in many police departments,
but some departments continue to fail to
reflect the communities they serve...............136
6. African Americans and other
minorities are poorly represented
in ranks above patrol officer
and in the specialized units
in many police departments.......................150
G. POLICE DEPARTMENTS ARE BEGINNING TO
RESPOND TO THE NEEDS OF THE COI�ItJNITY
IN POLICE TRAINING PROGRAXS ...........................157
1. Police departments are beginning
to require basic training
'in cultural diversity .. ..........................157
7. Some police departments have•
instituted in-service cultural
--_ diversity. training...:........•....be, ...................162
H. RACISM HAS A DETNTAI+ EFFECT ON THE.
POLICING FUNCTION................:.:...........».........166 .
•' - .� � � •' ..• '•. a •• • •: •" ••r. •: .. •-• �• ! - ..
r. THE1tE i5 AN "ADS VERSUS THEM" MENTALITY IN
POLICE COMMUNITY RELATIONS.........•.........e•.......114
1. A "code of silence" continues to
• exist in many police departments.................i14
-- a. Police and elected officials vary
widely in the opinions they voice
regardin the prevalence of
police misconduct and the
code of silence..................................117
•
•
III• R$COMME!'�DATION$♦••♦•♦.•ii••.i••iii♦•••••••••♦i•♦••i•••1'i4
A• THERE MUST BE SWEEPING CHANGE
IN THE CONCEPT OF POLICING.i•i♦..•.•.•..•♦♦i•..•..i..•1?4
1. "tTs and them" dynamic must chanele. ♦ • • . • i ♦ • • ♦ • i . • • 174
2. Police officers must be part
of the community they serve.♦•••••••♦•ii•oe••o••ol%�
3. Police officers must be
reconceptuaiized
as social service providers•i••..•••....•••••....180
Be
THERE MUST BE GREATER POLICE
_
ACCOUNTABILITY...••••.•••••i..•.•••.•.•••..i.•o•.••.••IS4
1. Goals, objectives, and
priorities............••........i...........•....167 -
2. Screening, hiring, and training........•••.•....•iS8
3. Performance appraisal, evaluation,
and accountability...••..•.•..••♦•.•.••i••.♦•0•401e9
4. Civil service laws need to be '--
raavaluatad......................................194
C.
THERE MUST BE A COMMITMENT TO
DIVERSITY IN HIRING •.•••••.•••••••..•••.••••••.•...•.•194 -
1. Police departments should
reflect the communities
they serve.......................................194
2. Police leadership must be r
more diverse...........................•.........199
D.
POLICE DEPARTMENTS MUST EVALUATE
CRITERIA FOR RECRUITMENT AND HIRING.•....•••.•.•..••..200
1. Police departments should
recruit better educated -_
•candidates.o••..•rr•w:.i•..:r.'....•...•....sees ..200
2. A special•effort should be made
to recruit candidates who are
less, p9tentially rviolent_• . 9.9..e • . • •.• • ... • • r • • ..•• ...202 -
• . .•t
► r• '�. • • � i •••,r.�•• � � • � � ..:•fir ., ' ,.e
x
3. Hiring police officers free of
race, gender, and sexual orientation _
bias should be a priority.••.•.••0.6640600000066.203
4. Police departments must —
aggressively recruit from the minority cam munity..•••••••••••••••••••••••••204 X. IT IS ESSENTIAL TO 07!`Eft CONTINUING
TRAINING AND EDUCATION.•••••6666•6•6000046•00006•000•0206
3.. Multicultural sensitivity and
understanding should be interwoven -
= into every aspect of training•••••••9.•.••..•••••2O$
2. Teachers and trainers should _
come from Within and without
the police to provide
a number of perspectives••••••.••.•.••••••.•••..9209
3. Education sessions should be
held with other urban social
service providers whenever
possible......w................••.....•.•........209 _
F. PROMOTION AND ADVANCEMENT CRITERIA
r MUST BE REE"VALUATED..•.•.•...•.••.•..•.••.......••.....210
G. A COMMUNM-ORIENTED POLICING
APPROACH SHOULD BE ADOPTED _ 4
BY ALL POLICE DEPARTMENTS.0•060000009•.•.••••.•.•.•..•210
H. SOME FORM OF CIVILIAN REVIEW
MUST BE ADOPTED BY ALL
POLICE DEPARTMENTS•••••••••••••••••••••••••.••••.•.•••••216
1. The civilian review board
must have independent
investigatory power••••••••••••••••••••••••••••••218
2• civilian review boards
should be composed of a
majority of non -law
antoresment-personnel.......:.......�............219
3. r Hearings should be open
to the public...•..............•.................219
iv• CONCLUSION•••s••w.•••••••••••••••s.•••.••••w•••••121
FOMWOP )
African American attitudes toward the police long have been
marked with ambivalence -- and for understandable reasons* on
i the one hand, they have wanted the defenders of law and justice
to provide them the same protection from crime and criminals as
that afforded other citizens. on the other hand, there has been
a corroding fear that because of their race, ever present is the
possibility that any encounter with the police, no matter how
innocent, carries the risk of abuse, mistreatment or even death.
Rare indeed is the black male, and in some .instances the black
female, who has grown to adulthood in America without having
S
suffered some unpleasant experience at the hands of the police,
especially white police.
No one can deny that police officers have a tough job to do.
In the face of constant danger, they must wear many different _
hats while maintaining the peace. They nobly serve as our
crucible between competing interests and the rule of law. Where
— would we be without the police? Oise thing is certain._ -Where
there is a sour relationship between the police and the African
--American community, the best interests of both are jeopardized --
the police, from the perspective of their sworn duty to uphold
the law and keep the peace, and the camtaunity, from the
standpoint of its desire for safety and freedom from fear.
= The two need to work together.•.When they are separated by a
wall of mistrust and suspicion, each.is at a disadvantage and the
legitimate concdrns,ot both are'thwirted.• .• .
Despite the good job that most police officers do, one of
the constants in the more than 84-year history of the NAACP has
been complaints about police misconduct toward African Americans.
The ink was hardly dry on its-1909 charter when the NAACP, in
1910, undertook its very first legal action in defense of a poor,
black Arkansas sharecropper, Pink Franklin, who sought to defend
his home against an illegal, pre -dawn police raid.
We cannot ignore the sobering reality that the relationship
- between the police and black communities is a continuing source
of friction. In almost every major urban rebellion of the last
three decades, it was some police action directed against African
Americans that was the precipitating cause of civil disorder.
New York City in 1964; Los Angeles in 1965; Detroit and Newark,
1967; Cleveland, 1968; Los Angeles, 1992.
When the National Commission on Civil Disorders, commonly
called the Kerner Commission, made its report on the series of
disorders during the long, hot summer of 1967, it found "police
actions were 'final' incidents before the outbreak of -violence in
12 of the 24 surveyed disorders."
It would be unfair to hold the police totally at fault for
the disorders. They way have unconsciously supplied the match,
but they did not lay the kindling. obviously, there were other,
deep-seated factors at :work,. such: -as . hopelessness, frustration
and anger at the system, spawned by the progenitors, race and
poverty. -
Yet, police -community relations are not to be disregarded as
contributing to community unrest. As the Nerner Commission
concluded: "The abrasive relationship between the police and the
minority communities has beena major -- and explosive -- source
of grievance, tension and disorder-;"
Calling on some of the best minds in'the country, the
Commission outlined a blueprint for addressing the problems it
-_ had identified. Included were the following recommendations.
* Review police operations in the ghetto to ensure proper -
conduct by police officers, and eliminate abrasive
practices. -
* Provide more adequate police protection to ghetto =
residents to eliminate their high sense of insecurity,
and the belief in the existence of a dual standard of
law enforcement.
* Establish fair and effective mechanisms for the redress
of grievances against the police, and other municipal
employees.
* Develop and adopt policy guidelines to assist officers
in making critical decisions in areas where police
conduct can create tension.
* Develop and,use innovative programs to ensure
-widespread community support for law enforcement.
That was 25 years ago, but as with so many of the other
sensible recommendations made iri-the Kerner Report, those dealing
with the police and minority communities have not been acted upon
= in any meaningful way. Apparently,'psychologist Dr. Kenneth
Clark was prophetic.when he -testified to the Commission that
urban riots, repeated every few years throughout this century in
America, have. "prompted tha. same analysis, .the same -
recommendations, -and the'same -inaction." 'America is '
. . , 93-' 255
_ detrimentally falling prey to this pattern, that is, that after
the urgency of a disastrous event has faded, the circumstances
that helped produce ths.event are forgotten until a new event
occurs to reveal that what war broken before has not been fixed.
Thus, it was shock deja vu when so•much of America saw the
amateur videotape recording of the beating of motorist Rodney
King in April, 1991. Things like this were not supposed to
happen.
With the Rodney King episode as the catalyst, the NAACP
announced at its 1991 Annual Convention held in Houston, Texas
that it would conduct a series of national hearings into police
conduct. The purpose of the hearings was to provide a public
platform for citizens, public officials, community leaders, law
enforcement personnel and experts to detail whether and why they
believe there continues to exist a wall of mistrust between
African American communities and law enforcement departments, and
indicate what positive steps should be taken to correct this
morbid condition.
Six cities, from the NAACP's seven region structure, were _
selected as host sites for the hearings -- Norfolk, Miami, Los -
Angeles, Houston,.St. Louis and Indianapolis. The hearings were
not cursory. , They began early -in ihs.'morning, and usually ended
late at night. . .
A special word of thanks is due the national staff msmbprs
who. constituted. the. Hearing. Panel .said.: spent. countless hours in
preparatiori:ror:and implementattoii of •the hearings - Dennis
_ . • :•.. �,t:•. .. '�: .:�•�'. ,. �.�. .•... .. '.. :` it � tie ,
,y
Courtland Hayes, General Counsel; William H. Penn, Director of
Branch and Field Services; Janice Washington, Assistant Director,
Branch and Field Services; and Jack Gravely, Director of Special
- Projects, also coordinator of -the hearings. Technical assistance
was provided the panel by James D.*Viiliams, Director, Public
Relations. '
In each of the cities, the panel was joined by a
representatives) from the host local NAACP branch who, because
of bin or her intimate knowledge of the city, was an invaluable
addition. our appreciation to Honorable Alexander Green,
President, Houston Branch; Keryl Burgess Smith, Executive
Director, Houston Branch; Paul Riddick, President, Norfolk
Branch; Johnnie McMillan, President, Miami Branch; Norman R.
Seay, Legal Redress Chairman, St. Louis Branch; Joseph Duff, ^j
Esq., President, Los Angeles Branch; and Dr. A.D. Pinckney, -
President, Indianapolis Branch.
The NAACP made clear at the beginning of each hearing that
it was not engaged in any form of police bashing, but rather had
come in search of information. Once the voluminous testimony and g
documents had been gathered, the -difficult process of analyzing
data began. To assist the NAACP in the development of a final
report, we selected two-outstandinq'institutions -- the Criminal
Justice Institute of.the Harvard Law School, and the William
Monroe Trotter Institute of the University of Massachusetts at
Boston -- to examine -the •.transcripti and.. documents toward
:X -5
i
offering some preliminary reconmendations. We are grateful for
their invaluable input and assistance.
While our hearings were being held and our report eoupiled,
fourteen months passed betweew the time Mr. Xing's beating was
filmed and a Simi Valley, California jury rendered its verdict
that none of the officers bore any quilt.' The faith of many in
the minority community in Los Angeles was shattered when the
verdicts of acquittal came in. To many of them, the system had
let them down again. Many of them could see themselves or their
loved ones in Rodney Ring's shoes, and were chilled by the
thought that what happened to him could happen to them.
The NAACP National office press release on the verdict read:
African -Americans and many others are grieved by this
inexplicable miscarriage of justice that will reinforce
the belief that there is a double standard of justice
when race onters the picture. We are bitter and
disappointed at the outcome but we urge that the
decision be met with calmness.
When disorder erupted in Lou Angeles, we condemnod the acts
of violence and destruction against.a backdrop of findings of the
Independent Commission of the Los Angeles Police Department.
Formed after the beating of Mr. Ring and chaired by warren
Christopher, now United States Secretary of State, the
Commission's report of July 1991 stated that:
Testimony from a wide variety of witnesses depict the
LAPD as an organization with practices and procedures
that are conducive to discriminatory treatment and
officer misconduct directed to aembers of minority
groups. r.
• witnesses repeatedly told of LhPD olficors verbAlly
harassing min oritiea,"'detaining African -American and
-Latino, m ui who fit certain generalized descriptions of
suspects, employing unnecessarily invasive or
humiliating tactics in minority neighborhoods and using
excessive force.
While the Commission does not purport to adjudicate the
_ validity of anyone of these numerous complaints, the
intensity and frequency of them reveal a serious
problem.
Our own hearings had been completed by the time of the Los
Angeles eruption in the spring of 1992 and, steeped in documents -
produced by the hearings, we were already aware, from testimonies
given, that the "problem" was not confined to Los Angeles. In
every city we visited, we found in varying degrees replication of
the climate in Loa Angeles. Chilling is the reported testimony
of a witness, Rev. Anthony Lee of Indianapolis -- the heart of
mid -America -- when he exclaimed:
Rodney Ring and his family . are blessed, because-�
had they been in Indianapolis he would have been
killed. They kill you here. They don't [just) �• —
beat you. 8e would have been killed and his family
would have been slapped in the face by [the police
department] giving the officer who shot him an award of
valor It's just abuse. It's just disrespect for
black life across the board It's just horrible.
I cannot overstate it.
As we heard the voices of citizens, we also heard the voices_
of those responsible for law enforcement. Overall, we were
-'impressed by their willingness to admit that police -community
relations are not what they should be. There was a sensitivity
in those that appeared.that we found encouraging.
one example came from Janet Reno, there State's Attorney for -
Dade County, Florida, and now U.S. Attorney General. In response
to a quen Ion " as to whe .tier •aiie felt biers' was a perception in
minority ccmmunitibs that they receive unfair or harsher -
treatment from police, Miss Reno responded in the affirmative.
Expanding on why that perception exists, she went on to says
f think you start first from the whole bass of the
charge of racism over the history of this nation, of
this community, . . . socio-economic conditions . . .
exist and there is injustice even independent of
racism.
[A)nybody acting in authority has to'be very careful
and there have to be checks and balances developed to
ensure that they're responsive.
I think one of the areas that I see less [problematic in when) your police officers are known in the
community and work in the community. I think that has to be one of the keys to what we do. We have been
advocating for some time a team approach; not just a
team policing but identifying neighborhoods and carving =
out a small enough neighborhood where he can really
return to one on one contact; have a top flight public
health nurse, social worker, and community
respected police officer assigned to a team making a
commitment to that narrowed community for five years
and then expanding on that community.
And I think that is what is necessary to overcome a
history of economic, social and racial injustice.
Almost without exception, one criterion advocated by
virtually every law enforcement officer appearing before our
panel was, "better relationships with the people we serve."
We doubt that such statements would have been so freely made
some years ago, which gives rise to some hope on our part that
s
perhaps there is a new breed of law enforcement personnel
ascending to -positions ofleadership -- who•are such more
sensitive to.the dynamics of minority communities and much less
wadded to a philosophy of "us versus them."
The .difficulty, . as:•.wa. s4s At, •gill ,be. how this attitude gets
conveyed, transferred -or trickled. *down• into••the rank*and file,
,. ;! •'rrii� s• ••... :. ••. .»».� ••N' ,.� ,'s•..w:. � .6,:.:•• �;• . :•�•*. .r•. rc•.,r.:• ,.ya.,r t• !h
where most incidents of misconduct have their origin. This was
one of the core issues that emerged from our hearings= a problem
that has to be sowed if we are ever to bridge the yawning chasm
that now separates the police -and black community.
As the African American community again raises its voice in
a demand for equal justice, we looked beyond the Rodney King
story to the larger issue of police -community relations on a
national basis. Our findings and recommendations in this report
herald a new concept for policing in the Twenty -First Century.
We have made an honest effort to address a condition that
imperils us all. The question we now pose is: "Is anyone
listening, does anyone care?"
Benjamin L. Hooks
Executive Director/CEO
NAACP
• •' t' �•+� :�. j-•!.. .. . �•. •. 'Z••,.•• �v:. abj�f•�1ya�•'S'",`� '�••I��• •��^a�•iM� l:• �...�•'�.: ,.•ft i• .•.K.', •�j i , f••,�.4•li
M, •/9th1' ;
• The National Association for the Advancement of Colored
People (NAACP) is the nation's oldest and largest civil rights
organization. The NAACP was created in 1909 to empower and
protect African Americans under the Constitution through
principles of equal justice under the law. The NAACP has over
500#000 members with over 2100 branches in the 50 states, the
District of Columbia, and abroad. The NAACP has been
instrumental since its early days in securing passage of all
civil rights legislation in this century, and remains committed
to the full enforcement of these laws. The NAACP also utilizes
the executive, -legislative, and judicial processes to insure
equity and fairness in such areas as housing, employment, voting, _
political representation, education, health care, and the
administration of justice.
The Criminal Justice Institute (WI) is Harvard Law School's
f
first curriculum -based clinical program in the criminal justice
. b
area. CJI was created in 1990 and offers practice, education and
research opportunities in criminal justice to Harvard Law
students, as well as providing a wide range of services to
national and Boston area communities. The staff of W1 has
published articles on awide range of issues concerning criminal
law, • the criminal justice. system, and clinical education, and =
educates law students to provide,hAgh quality representation to
... •t•.r .. .: (, •.1 •A. �.r�•: ••j. .fir ti'I•t tii. : i... � i' :ei'/1. •• M.1..•r•' .�., •y ,pQ 1•.' J
indigent persons in criminal cases. CJ1 staff members have also
served as consultants on local and national criminal justice
projects on public defenders, the right to counsel, habeas
corpus, the death penalty, police conduct, commutation for
battered women convicted of homicide after killing in self-
defense, and alternatives to incarceration.
The William Monroe Trotter institute, established at the
University of Massachusetts at Boston in 1984, supports research,
publications, and forums of major concern to the African Amercian
community. The Institute grew out of several interests: UMass
Boston's desire to enhance African American studies at the
-University; the University's mission of service to its urban
constituency; and the need for policy research focusing on the
African American experience in metropolitan Boston and New
s England.
_
The Institute conducts research to provide a sound basis for
=
decision -making about issues concerning the African American
community and also undertakes projects of an academic character
designed to improve understanding of the history, culture, and
__ social development of the black community, both locally and
nationally.
The Institute offers technical assistance to community and
-
neighborhood organizations and agencies through the sponsorship
of public policy forums and conferences and consulting services.
Technical. assistance-v1s, also.. offered. In. .tha...form of planning
activities for neighborhood and civic arganizations.-
-
a. lullHOW QYOr AE yR'" _
- The March 3, 1991 beating of Rodney sting, an African
American motorist, fortuitously captured on videotape, the
subsequent prosecution and acquittal of all four white police
officers chargad in state court, and the pending second trial of
the officers on federal civil rights charges, has brought
national attention to the problem of police misconduct .in a —
racial context. The NAACP has a longstanding interest in the
problem of police misconduct, and the Rodney Ring incident served
to motivate a renewed response.
At the request of Dr. Benjamin Hooks, Executive Director,
the NAACP announced on July 9, 1991 that.it would sponsor a
3 1.
series of national hearings on police conduct and community
relations. Hearings were held in Norfolk, Virginia on November
6, 1991; Miami, Florida on November 12-13, 1991; Houston, Texas
on November 19-20, 1991; Los Angeles, California on December 3-4,
t
1991; St. Louis, Missouri on December 6, 1991 and Indianapolis, k
Indiana on December 17-18, 1991.
In each city, the NAACP Commission, which functioned as a 4
hearing board, was composed of Dennis Hayes, General Counsel,
NAACP= Jack Gravely, Director of.Special Projects, NAACP= William
Penn, Sr., Director -of Branch and Field Services, NAACP; Janice
Washington,'AssistantDirector of Branch and Field Services,
NAACP; and a local'representative of the NAACP.' 'Various public
officials; •polies departtint reprsesistatives, 'criminal justice -
experts, community organizationssand panels of citizens appeared:
}, ►• fr�•a..• .'1 • . ✓•••, �. •! • • �' %•'' "%r••:: aA�., :!� •S•• .•�i iM .v,s � • "• . . ' t • • • . �.. '� a• . � "i..
before the NAACP Commission and offered testimony concerning
police conduct in their communities.
At the conclusion of the public hearings, the NAACP selected
the criminal ftstice Institute -of Harvard Law School, and the
Trotter Institute of the University of Massachusetts to review
the material that had been collected and to write a report. The
report would be issued in March, 1993. The methodology used to
prepare this preliminary report consisted of examining the
transcripts of the public hearings, categorizing and reporting
the information, analyzing the findings, consulting the scholarly
work that has been done in the field, and offering some
preliminary recommendations.
%;
C. POLICE CONDUCT AND CONIlKtruI= 1Et,A'f1ONS:
DEFINING THE. PRQJ=
While the impetus for this report was the beating of Rodney
ring on 'March 3, 1991, that incident is not an aberration. The
unique element of the Rodney King incident was that it was
vide_ otaggd; similar, unrecorded episodes happen in cities and
towns all over this country. Sadly, the November 5, 1992 fatal
beating of Malice Green by four police officers in Detroit' seems
to suggest that little was learned from the Rodney Ring incident.
on March 20 and April 17, 1991, the Subcommittee on Civil
and Constitutional Rights, Committee on the Judiciary of the
United states douse of Representatives, held hearings on the
issue of police brutality. In its report on H.R. 3371 (a bill
relating to civil injunctive relief in the context of unlawful
conduct by law enforcement officers), the Committee acknowledged
widespread police misconduct in Los Angeles. The report stated that there are a significant number of officers in the Los
Angeles Police Department who repetitively use excessive force
against the public and that the conduct of these officers was
well known to the police department management, who condoned the
behavior through a pattern of lax supervision and inadequate
investigation of complaints.' Thess•findings were based upon �-
conclusions reported. in.the•Christopher.Commission Report.2
' fin N.Y. TIMES.'November 6, 1992, at 24.
Bego„of the India;nendentCam i gi' n' lbe Los Angeles Police_pnrtMgnt,Varren Christopher,•Chair, 1991 (hereinafter
Christopher commisstop.Report}., •.
. • •�': ;,, .t ' .r•..• t• ,•J !.• .. • t►:�;.•,l t!: .: t•Qi•'!.. «,L • .':' • :"•. .v.•s•�'`..b, • ..i. •' :~.• !..� � .dj• :•mot•! n :1.� t.y .�•.� • � '�� ' —
— ••,•. •. .,�. •jf.ay..t 1• •w �• •� �•�C .•�•:•.• �• • i.•:."•.ice I ~ • �•�.� .dam:•' . ' '• +� • d•••• .�"i • •,••:l • -
• fr
of complaints. These findings were based upon conclusions
reported in the Christopher Commission itsport.2
The House Committee reported that the situation is not
limited to Los Angeles. According to police chiefs from ten
major cities, law enforcement organisations and experts,
excessive force in American policing is a frequent occurance,
particularly in our inner cities, and complaints that minority
residents are the objects of disrespect and abuse are prevalent.
The Committee concluded, as doss the NAACP, that policing is
difficult, dangerous work and that most officers do not abuse the
authority granted them. To the contrary, the majority of police
officers are dedicated men and women who strive to uphold the
= ideals of the Constitution. Under growing hardship and danger,
they make an enormous contribution to public safety and deserve
the nation's gratitude. Incidents of restraint in the face of
provocation certainly outnumber incidents of brutality. However,
given the extensive evidence of widespread and often racially -
motivated excessive force, police departments, local authorities
and government have a responsibility to respond.
• Whether or not police misconduct is increasing or consists
merely of isolated incidents, it cannoi be denied that a wall of
mistrust exists between mincrity•groups and the police, and that
the relationship between the police and the community has eroded
considerably. Recent poll results issued by the Princeton Survey
•'mil+�,. •j.��•�� {.: a.«. •ar '•: •1.••�,,:• i `« ,...
2 Agggrt �f the Ind"endent Commission an &be„.Zen Angeles
ggliga Dena Warren Christopher, Chair,, 1991 Ehersinafter
Christopher. Commission• Rspprt�
• • .•i •. t � r '� *"� , `� •t�• •. Jr. •„f : ' •.7.1 rp..t:�..• •�3� w:� w:� •• •�l� � «;frt �;. ;��� {;': �.ti r :: s �'l j •i:•i �y'* � a • " .',�•v,.�+i a�J. �r� -
•/.•s,�t,!•wt: .�.,•!ti' .g, ••. }•tHj�i.• �til�•'t�''i'+1.T_Y a. •. �-S••• �.�•, r►•S•'` • a�. � j•� .�• .j}nn}�� .S� 265. KKr
—. r tip. : r ••• •:i 'r. .�.'•S"� •' �'_ !•�+•w• .•S'•1 :•.• �: ;fir •. .:S•'{,7• + •I —•' •, t•'
Research Associates are quite tolling. According to a 1991 poll,
59* of the adults believe that police brutality is common in some or most communities in the united States, and 53% think that —
police are more likely to use -excessive force against black at
Hispanic suspects than against white suspects.
The resuits•are even more disturbing when broken down into
responses by race. When asked whether they agreed or disagreed
with the statement, "These days police in most cities treat
blacks as fairly as they treat whites," 454 of white adults
•= agreed and 45% disagreed, whereas 73* of black adults disagreed.
Sixty-six percent of black adults believe that black persons
charged with crimes are treated more harshly in our justice
system than white persons charged with crimes. Only 30 of white
adults hold the same view. In New York City, 33% of white adults
believe that police favor whites over blacks, and 65% of the
black adults believe the police favor whites over blacks.
According to the gtatistical Record of Black meri_&,3 60%
of white adults think, in general, that the police do a "good"
Job against crime. Only 39% of blacks and 44% of Hispanics
agree. In a poll of high school' seniors, only 22.65 of blacks =_
believe that police are doing a "good" or "very good" job for the
country aw a*whole'(as compared to an also low 40.3% of white
-r
students). Over -one third•(37.7%) of the black students polled
further stated that there are "considerable" or "great" problems
3 STATISTICAL* RECORD -'OF WACK AMERICA .(Gale Research
' � Institute ,Inc. 3;990�..: • ., .. _
�•. •r� v �••:•t'ti►»:':'�•'y, �.'.��r!••!:.•. �.e.' w'•rip.Ml.+N.'1!'♦~•.•/�'.•:% ••%i.�:;t�•'41•'MY•p .,••.j f..r: .Y: .yr�;t•t •*r �a�~f..'<<iM'
N i 9
•'e ♦ • ..� .L. • f . Lam. �•• .+• •• ., •n tA �'r •!. �• S't,� as �.11r �j; af� i Zj �� �� it •, ,•.' +
of dishonesty and immorality in the leadership of the police and
other law enforcement agencies, and only 334 rated the honesty
and ethical standards of police officers as "high" or orrery
high". .
Respect for law is the cornerstone of a free society. The
rule of law is predicated upon the consent of people who believe
the laws are administered fairly, thus commanding respect and
confidence. Unjust or discriminatory administration of law by
excessive force tends only to create distrust and contempt for
the law and for law enforcement agencies.
The role of the police is difficult, dangerous, demanding
• f and often misunderstood. Urbanization intensifies police
r-
• problems, requiring strong community support if police forces are
to be maintained at sufficient size with adeq
uate training,
equipment, and morale. In lower income areas, where the problems
of unemployment, poor education, inadequate housing, and drugs
are rampant, the position of the police officer is especially -
difficult because be or she is often viewed as a symbol of
oppression. The police officer is a buffer between disadvantaged
—.groups and the "establishment." ---
The NAACP recognizes the noble and thankless job performed
by police officers,,* *often"' at great personal risk. The NAACP -
recognizes that inadequate resources, training, equipment, and
support undermine the bast -intentioned officers, it is important
.. that the pubXie..realize.. that conflict,•. is .ppar.t o! police. York.. -
Law enforcemeiit•means thi loss of some liberty. That is not
. '•J• •,'i'•3':�:`ra��,l�..:t.•x'«•..«'�'••r :/s.•.�t,*i�aM i.''r•.SS `: �•••: if �'%�'3: :•ii'I'►1.•. mot•.. ,,�',r ►�.� s��i;• ^�{_�'j~ r• —
�•• • •• ,'`r: r ' ••• , • '. • t� •' • .If t .► i • �.�.r r • fir• ••' i• • f ' i• • -ti
i :�+ �•.r ;ii � •� •• ••tir;: •t •ia ,..'•'Mi•P.•�•i ..M1..•rj• + �.'s��,iaiw •: •'•i•n .� is •-,•. •s »'}t#%
always a happy evert. As polio* do their job, there will be
complaints about ghat they do and how they do it. However, When
they act, fairly, lawfully, and without bias, they Gust be
supported.
tt is in this spirit that the nACp held public hearings in
six cities, colld6ted data, consulted with erxperts, and offers
the following findings and recommendations.
F-
F
C
• h
R
L
• a .•t: ..S • .'*. /• � �:.. r• •'••• i:/ •� '.I� , i � k,i• :'./.«fir,•\". �•::. J, .I , ♦ , -
. 4 •.�• +,►t •• �'• � �• 1• I•• � •• ':'�. :••Iti�if•• •, �. •i '^ 9 .,�1 r�•.i iY•.M��•t!t i,� �•' �3a=�'4�}A(w •�r.; .!? "' • i•' •k• • 5�:
TTT �Y�til� i i ,Tr"
"[R aciam is not an automatic thing. It's an organised
prejudice against people. Racism, you just don't come
out and be this way. It's got to be some motivation
behind it. . I'm saying racism is unnatural. . . . -_
Itts a system. ."
Frank Lumpkin in Studs Terkel, Race* How_Biacks and
Whites Think & Feel About the American Obsession4—
I'm speaking here today [because of] police brutality
to myself. This police officer came right up and
pulled] up behind me. . . . He pulled] as out of the
car grabbed my head and slammed it into the
[car] . . . blood [ran] down my lip . . . he broke my
chain. . . . And he kept saying "Yeah nigger, run now
nigger." [H]e started to hit me in my stomach,
hit as in the side. . . . The guy kept on punching and
hitting. [He] pulled] [his] revolver . . .
slammed me upside the head with it. . . . [He] kept
hitting and kept kicking. . . . [H]e-turned and
pointed the gun5right at as [and said], "[R]un now -
- nigger.
Race, police, and violence are inseparable in this country.
Images of crime are inextricably connected to images of African
Americans. The desire for police protection is tied to the fear
of who might wander into the neighborhood without it. The
police, with their finest artillery of radio patrol cars, police
helicopters, advanced surveillance equipment, and high tech
weaponry, are no more than one little boy, finger in the dike,
4 STUDS TZML, RACE: HOW BLACKS AND WHITES THINK AND FEEL -
ABOUT THE. I�MERICAN, OBSESSION .90r91: (1993) .. ,:
B Testimony of Liddell Beamon, INDIANAPOLIS RLARMGS, '
December 17,, 199.1, at. 348, .PSO-351... • . _
.1.' ••S': •'K.. •- •r••••• •�:; Y•.. ,,!M •r M'�.. �:• .. •r^•N �+=, �•'v, •j!S y •'y M :t.:. :t . •�A:•••. j'.•.•w �•, - •r �: __ 9 .•t : CCC
•M• .••r=A.• • ••• J »t: .i. •r,y.•y. :�A ••••i •:a•M.••, `••••••♦ •,j.•� . ••s•' •• ' V .'.�+•';%P2
7
trying to hold back the flood of.frustration and anger borne of a
history of racism and despair.
2t is impossible to study the police in this country without
studying race. tt is impossible to understand the police conduct
in the Rodney King beating -- or the daily incidents of police
"use of force" --without understanding the history of police -
minority relations. Those who claim that the verdict in "the
Rodney King cams" can be explained as a verdict that was not
racist, but rather was "pro -police," should next try to separate
land from sea. Can they really say where the one ends and the
other begins?
Those who unflinchingly defend the police, no matter the
misconduct alleged, often do so out of a need and fear that is
borne of a deep racism that has become part of the fabric of.
American life. The.need is for protection, safety, security, the
lack of "disturbance." But protection from whom? 8afe•and
secure
from whom?
Undisturbed
by the presence of whom? The fear
at one
time might
have been of
criminals like Charles..Manson,
Gary Gilmore, Ted Bundy, or newer, more psychotic versions, like
_Jeffrey Dahmer. Truth is, the unapologetic embrace of police
power in the Rodney Ring case, and in much of America, has more
to do with Rillie'8orton than even the moat sensational white
killer. America, and especially white America, believes it needs
•
the police to protect them from violent black men. '
• .. Recommendations.: for..change..,in- the• stay- policat departments
conduct their business necessarily include recommendations for*'
• •'. ':{: �a; 'V •i '�'6b•:. •.'Nll�. .t Wit: � �~•s`.L�. :.r } .C•-••�. Ins'• ,t ..,•;i•► .e •e y
•: '. 'ii •t. I i•.. ..,ti ••`ri i f: is •tJ'"s ,, •}• :��'� ��1}Yy�� t•�,w ti..
�, t.
trying to hoed back the flood of.frustration and anger borne of a
history of racism and despair.
it is impossible to study the police in this country without
studying race. it is impossible to understand the police conduct
in the Rodney Ring beating -- or the daily incidents of police
"use of force" --; without understanding the history of police -
minority relations. Those who claim that the verdict in "the
Rodney Ring case" can be explained as a verdict that was not
racist, but rather was "pro -police," should next try to separate
land from sea. Can they really say where the one ends and the
other begins?
Those who unflinchingly defend the police, no matter the
misconduct alleged, often do so out of a need and fear that is
borne of a deep racism that has become part of the fabric of.
American life. The.need is for protection, safety, security, the
lack of "disturbance." But protection from whom? Safe•and
secure from whom? Undisturbed by the presence of whom? The fear
at one time might have been of criminals like Charles..Manson,
Gary Gilmore, Ted Bundy, or newer, aaore psychotic versions, like
3eftrey Dahmer. Truth is, the unapologetic embrace of police
power in the Rodney King case, and in such of America, has more
to do with Willie 2orton than even the most sensational white
killer. America, and especially white America, believes it needs
the police to protect them from violent black son. '
• .. Reaomm..Ior_change,..in• the. •way police departx=ts
r conduct their'business -necessarily- include recomendations for-
broader social change. While there is a need for "crime control"
-- the detection of crime, and the apprehension and prosecution
of those who commit its it is clear that law enforcement
alone does little or nothing to reduce crime and violence.?
There is a such more fundamental need for crime prevention:
addressing the causes of crime and viclence.e Unfortunately,
addressing the causes of criminal violence, which includes
addressing poverty, unemployment, inequality, and the loss of
community, is not as popular as longer prison sentences, new
prison construction, and capital punishment.
The recommendations contained in this report rest on the
premise that the police, and notions of acceptable police
conduct, are very much the product of a racist society. The
beating of.Rodney Ring is part of a long and shameful history of
6
MALCOLM R.
SPARROW, MARK
R. MOORE,•DAVID M. RENNEDY,
AM
BEYOND
911:
A NEW ERA
FOR POLICING
41-47 (1990). .
7 Am ZA..at 44 ("[T]he simple fact (is] that the police
seem to be failing in their primary mission of crime control.
Crime rates remain at historic highs in the United States.
Clearance rates, which measure this fraction of reported crime
solved remain quite low: currently less than 30 percent of
robberies and less than is'percent of burglaries. The
"police do not seem to be controlling crime.) Ang ELLIOT
CUME, CONFRONTING CRIME: AN AMERICAN AGE 4-20 (1985).
8 fim CURRIE note 7; at 144-221, 224-278. For -a
discussion of crime prevention through policing, see SPARROW, s
- MOORE, RENNEDY, &UM note 6,•at 3-7, 44-47; BERMAN GOLDSTEIN
PROBLEM -ORIENTED POLICING 21-26, 32-49 (1990) ; mark it. Moore,
Robert C. Trojanowics, George L. Kolling, "Crime and Policing,"
PERSPECTIVES ON POLICING, no. 2. (National institute of austice
and Harvard, university, June �1989,1.1 •=lames Q... Nilson and George L.
Rsllinq, "Making Neighborhoods Safe," THE.ATLANTIC MONTHLY, Feb.
1989, at 46f•-James Q: Wilson and George Li. Melling; "Broken
Windows, .THE ATLANTIC MONTHLY, ![arch- 1982, 'at 29., ,.
.. . V low
s'-1 •� .i. • •.+Yt`+. �. •' .. /�!"'.'�'. t••t •t. i .: ''7•,• •'"�•:.. :•i .: M••i'', : S�•� . Wit. I':r.'t"b •. •i.• , .. ••.;. •.• f �, ... .' F, ' � -
E
racially motivated brutality and.dogradation that continues to
find expression in powerful places.
a ism.bepri�ration. and Marginal ization
I look at the T.V.
Your America's doing well
I look out the window
My America's catching hall
I just want to know which way do I go to get to
your America?
I just want to know which way do I go to get to
your America?
I change the channel
Your America's doing fine -
- I read the headlines
My America's doing time
Living Colour, "Which Way to America"9
"I think white America has to be jolted into raalitys _—
if we do not devote the resources necessary to avert
the tragedy, we'll become a police state. Crime will —
acquire more, and more racial overtones. Will there
have to be some sort of explosion, some sort of civil
disorder, before we realize the gravity of the
situation?"
-- Salim Muwakkil, be re the Rodney Ring verdict, in
Studs Terkel, Race
We live in a time of intense racial polarity, which, {
notwithstanding the progress made by zany African Americans,
seems to be getting worse, not better.Racial divisiveness does
not merely "trickle down" from those in power; it pours. When -
- unemployment is said to be caused by'Affirmative Action, the
sagging economy by poor, unwed mothers on welfare, and unrest in
9 Living "Colour*; fRVID -.... z. -
r(CHS• "Ricos�ds`�1988y `.. .
• ]A' .STUDS *TERjML, RACE; A , note, 4, at 1710"
.+ "t t `•�i:•;.� �1 T ��'•••�•�'• •ter �•'•�• .. •'• +, .•t• , 'j %'. ..:' • . f: ••bt •• ,,; �.� .,. ,
w1• - •e• •I• 4r �•1 , �•�•.• #i• .• d►': •. • w • ••t •• • '.. l � ♦'�'..►� •' _•• ;,Z• .• •1 �� =.�..• , ���. • y �'.ti � _
xta� '
the cities by now discontinued social programs which sought to
revitalize inner cities, there is a clear message about who is on
one side and who is on the other. -
While the police did not -invent racial division or racism in
America, they play an integral part in perpetuating the chasm
between black and white life.
When white people hear the cry, "the police are
coming!" for them it almost always means, "help is on
the way." Black citizens cannot make the same
assumption. If you have been the victim of a crime,
you cannot presume that the police will actually show
ups or, if they do, that they will take much note of
your losses or suffering. . . . If you are black and
young and a man, the arrival of the police does not
usually signify help, but something very different
. . . . You may be a college student and sing in a
church choir, but that will not overcome the police
presumption that yo have probably done something they
can arrest you for.
l
The fact is that race is a primary factor in American life
and in the criminal justice system. While African Americans make
up between twelve and thirteen percent of the general population,
African Americans are disproportionately represented in every
aspect of the criminal system as offenders, victims, prisoners,
and arrests.3.2 Black men and women account for 47% of the —
11 ANDREW HACKER, TWO NATIONS: BLACK AND MHITE, SEPARATE, —
HOSTILE, UNEQUAL 46 (1992). fin also Testimony of Jeannette --
Amadeo, MIAMI HEARINGS, November 13, 1991, at 701 ("I have no
. [respect for the police]-. *If something was happening to E
me, I wouldn't want -the police officer to be called."). _
12 =. • at 180. fin alsc CHRISTOPHER JENCKS I mrRIMNG
SOCIAL POLICY 98 (1993) (". (B]lacks currently account for f
about half of all arrests for rape and murder and two thirds of
all arrests far. .rabbery• irn..ths.: United . States, wen though they
constitute less than one :iiglith •of• the population... ' . The
conclusion that.blacks are•five tc ton times morn likely than
whites to commit most violent crimes is almost inescapable.").
• 4 + -
individuals awaiting trial in local jails or serving short
sentences there, They make up 45.34 of state and federal prison
inmates. They comprise 40.1% of prisoners sentenced to
death.13 Approximately ons in•four African American males
between the ages of twenty and twenty-nine is incarcerated, an
probation, or on parole.14 Overall, more than a million
African Americas are either behind bars or a "violation" away
from being behind bars.ls
There is no question that racial bias plays a role in the
disproportionate numbers of African Americans arrested.2-6
Notwithstanding the realization of the Supreme Court twenty-five
years ago in Terry v. Ohio,17 that the power of the police to
stop and frisk could be used as a tool against minorities, race
remains "one of the most salient criteria to patrol (officors] in
13 u.
14 An C. Black, "America's Lost Generation," THE BOSTON
GLOBE, Mar. 4, 1990, at 69.
15 BACKER, TWO NATIONS, p=ra note li, at 180. The term
"violation" refers to either a probation or parole violation, the
commission of which often means a sentence of incarceration.
l6 , Charles'Z. Ogletree,: "Does Race Matter in Criminal -
Prosecutions," TSE CHAMPION, July 1991,•at 10-12; AM also Brown,
"Bridges Over Troubled water: A Perspective on Policing in the
Black Community," in BLACK PERSPECTIVES IN CRIME IN THE CRIMINAL
JUSTICE SYSTEM•(R.L. Woodson Ed. 1977)s R. L. McNeely and C. _-
Pope, "Race, Crime and Criminal Justices An Overview,w in MACE,
CRIME. .l1ND�.ORIMIPtAL..JV&TICS�.13�-1�;..(R., :L.. KcNaaly, and C.. -Pops ids.
A9e1j _
17 392 U.S.. • 11(1968) t
.. ' r �.u• . �Ii • �i•' :i •.L•i •. ••, •• 1V• • ,•t►t.•: • . , Zvi '••�' !''� X:.
��'••t t•�'w' •' .'•j•+�{'�• i.1�•Y�!{•v41,h•�P-: t•�•.%•?. ���i •�'�•:�.A,it S:w 41r4 d'h.••�.Nw, ��:��"• rr �:''.*. ``-
deciding whether or not to stop pomeone.018 blacks are
likelier than whites to be stopped, interrogated, arrestid,
prosecuted, convicted, and sentenced to prison.18
Slacks are disproportionately represented among police
shooting casualties. In one six month period in Miami, there
were ten fatal shootings by police. Nine of those shot were
people of color.20 in Now York City, where whites are $4.1% of
the population and blacks are 20.5%, blacks are victims in 50.4%
of police shootings.21 Nationally, between 1976 and 1987, some
1,600 black persons and about 3,000 whiten were killed by law
enforcement officers.22 The figures reveal that black
18 BROWN, WORKING THE STREET: POLICE DISCRETION AND THE -
DILEIOMS OF REFORM 166 (1981). fig& also "Developments in the Law - -
-- Race and the Criminal Process," 101 Harvard L. Rev. 1472 -
(1988); Johnson, "Race and the Decision to Detain a Suspect," 93 _
Yale L.•J. 214 (1983).
19 Richard Delgado, "'Rotten Social Background': Should the -
Criminal Law Recognize a Defense of.Severe Environmental
Deprivation?" 3 LAW AND INEQ. 9, 30 (1985); fin alg2 "police in
N.Y. are Cited for Racial Hostility," PHILADELPHIA INQUIRER, Nov. _
15, 1984, at 4A, col. 1 (House subcommittee investigation found
that police commented on and arrested blacks for behavior they -_
would overlook in whites); Mendez, "Crime: A Major Problem in
-Black America," in THE STATE OF BLACK AMERICA (J. Williams ad.
1981), at 220, 224. -
20.Florida Advisory•Comnittee to'the•United States
Commission'on Civil Rights, POLICE -COMMUNITY RELATIONS IN MIAMI
(November, 1989).. MIAHEARINGS,.•Ncvember 12-13, 1991, Written
submission at hearings.`' '•
$1 James Fyfe, "Race and Extreme Police -Citizen Violence,"
in Z RACE,CRIME O. AND • CRSllZNAL JO$T=CE 92. , �R..McNeely %. C. Pope
198�) . J • r . •...... {
ads: ..
22 rHACKER,' TWO' NATIONS; j8 note 1., at 189.
'� �� •�'� •;
N �'i.;C� •e�.: '.� �: . �__.•�• ,fit..•.• ��?t�•��_ `.•
• •.'•.r •.•» ��•L s. .�• �( :il•• Yam.. •�. .J �,t •«'��I. ,.•r ti.•'1�:; •rt, '•S.,• a
Americans have a three times greater chance than whites of being
killed by a police bullet.
23
There are some who theorize that crimes committed by blacks
are "expressions of resistance:"24 The disproportionate law-
breaking by African Americans may, in some measure, be because
they did not consent to the content of the law or to the way the
law is enforced. For those African Americans who are young and
poor and answer questions about the future with "if I grow up"
instead of "when I grow up",25 they may simply be breaking "a
social contract that was not of their making in the first
place."26 Racism creates a destructive, self-fulfilling
consequence: "Blacks can never quite -respect laws which have no
respect for them. . . (Ljaws designed to protect white men are
j viewed as white men's law."27
There is also no question that the extreme poverty of a
substantial part of the African American community plays a role
in the disproportionate numbers of African Americans in the
criminal system.28 The Nerner Commission recognized this
23
— w 24 at 187-88. j
25 ALEX KOTIAWITZ, THERE ARE NO CHILDREN HERE (1990).
26 BRUCE WRIGHT,.BLACK ROBES, WHITE JUSTICE (1987).
27 WILSON GRIER 6 PRICE COBBS, BLACK RAGE 149 (1968).
28 in CDRRIE, i3i2KA Hots 7, at 146-151. Though most poor
people of:all.raees.labor honestly,•sometimes.for the lowest -of =
wages,, thus is ' a vealth , of. evidence. . Linking crime with social
and' economic . inequality. 'Id. at 146. JM* B,ZgQ JZNCKS,
RETHINKING SOCIAL. POLICYs �, note 12, . at 114-126 (.asserting
D-1
►.
st J-
.• � • yr.• •• •rr• w. «•..�►.g•+r •yZ :•:,r�.•• •%S"•i•:':}••.i V. �;�•..���• �.� 1.t•
r,�
neatly twenty-five years ago when they concluded that inner-city
violence was a direct response to poverty, frustration, and
neglect.39 The Commission warned that unless steps were taken
to give poor blacks a chance to participate in mainstream
society, a permanent black underclass would be created, and would
be a continual source of violent street erime.30 In the
nineties, black children are almost three times as likely as
white children to grow up in poor surroundings: 44.8% of black
children live below the poverty line, compared with 13.9% of
white youngsters.31
The truth is most Americans cannot even fathom the
deprivation that many African Americans endure. To the middle-
class whites in Simi Valley, who exonerated the -police officers
in the Rodney Ring incident, who refused to see what their eyes
took in, the inner city is someplace to drive through only if
there is no alternative, and only after locking your car doors.
To the poverty-stricken residents of our nations# ghettos, who
live without adequate food, housing, medical care, jobs,
-
education, and clean air, America's promise of "liberty and
justice for all" is long broken: For the children, there is very
-
little life at all: `
- that "relative deprivation" is a better explanation for crime
than poverty). .
29 REPORT OF THE NATIONAL ADVISORY COMMISSION ON CIVIL
DISORDERS 6, 10 (1968).
s•
_
31 BACKER, TWO NATIONS• f AM;..note..l �.:at 99.....y
t
In one public housing project in Chicago, children play
funeral! "They build a casket with blocks and
take turns lying in the casket. The children (take] on `-
roles of preacher, family members, and sourners. They
. weep and cry t for the person who died, saying,
'Don't take himi'"3
Our nation's ghettos contain and marginalize
disproportionate numbers of poor African Americans along with a
seemingly anomalous underclass of white poor,33 The ghettos are centers of drug and alcohol addiction, AIDS, family violence,
street crime, death, despair. Here, the harsh combination of
race and poverty leave an indelible mark: A man in Harlem is
less likely to reach sixty-five than someone living in
Bangladesh; black men are three times likelier to die of AIDS =
than whites; black man are seven times likelier to be murder
victims than whites; black people are likelier to suffer from =
insomnia, obesity, and hypertension than whites.34 =
32 JAMS GARBARINO, RATHLEEN MOSTELNY, NANCy DUBROW, NO
PLACE TO BE A CHILD; GROWING UP IN A WAR ZONE 149 (1991).
33 In HACKER, Two NATIONS, p}= note ll, at 100 ("Of
course, there is a white underclass. Its members can be found
among the addicted and the homeless, among Caen who have never
held steady jobs, and women who have spent many years on welfare.
The nation':arconies.".-Zvan-.**,:.neither
prisons still have plenty -of white criminals, some
of whom arequite vicious and others who have made careers in
— small-time sociologists nor
journalists have shown much interest in depicting poor whites as
a 'class.'. In large measure,.the reason is racial. For whites,
poverty tends to be viewed as atypical or accidental. Among
blacks, it comes close to being seen as a natural outgrowth of
their history and culture. At times, it almost appears as if
white povarty, must .b ..caverad,: up,. �Lsst•,it..blemish. the reputation
of the domint .raa_e,." j. • �; ., , , • :,
• 34 Id. '• at• 46'.
. •!! •.!'•. ,r. ,y,•.f•.f• •f:J ••rI•• •�•.5.�.�1.�,.•.1.r�s: �: 19�•:: f}••'.y.j, �•�:t, ... •••.r ••• �.
1
... "►:••. • .••' • y.. i r. •T ••�: wt...: •� • s :'�, : • •t••..: • • i' �• � •.i •L� � • •fit .ri., v+• •". +�: S:•t.^ _ -
These are the people who are the most policed in our
society. They arir the children who grow up with nothing,
believing they are nobody, who know more police officers than
teachers and who have been in -more jail cells.than library
carrels. They are the men and women humiliated by joblessness,
homelessness, and their own powerlessness to change their lives.
We police them to control them,'to keep them in their place. one
can only wonder what the world would look like if we took care of
them instead.
It is in this wretched setting that most urban police
officers function. It is hard, depressing, ceaseless work.
There are many police officers who do it with compassion and
connection. These officers are the future of the American
police. There are other police officers who, like a special
militia for the Commander in Chief, carry out the "War on Crime,"
the "War on Drugs," and the "War on Gangs" against the entire
minority community. These officers -- and sometimes entire
police forces -- are occupying forces,35 not forces of
justice.
The forces of racism and police militarism combine to
dehumanize black citizeas,'which, in turn, leads to a pattern of
excessive force against blacks and to beatings like that of
Rodney Ring...•Blacks are seen as the enemy,. an enemy that is not
quite flesh and blood like other people. There is little else
` US- Nara Cooper,.": "Dun • Da. Dim-Dum:L.X. Beware: The -Mother -
of AlI Police Departments iC H14te-to serve and'Piootect," TM
VILLAGE VOICE, April 3.b, 1"l, at .,26 [hereinafter "L.A. BEWARE"]*
„i • 4:• ..; { ••tt ..: a'�j• ,t•.. l�•.{_ ""' i •' `! .i: ♦,�:1i �� :., i'.`' to'M �.. '•%:''. •,jt. `+j. • V•
)• � s,• .•�•• :. . !J �«~�' J.~••L�•. •� .'iM ii.• ..1. �• '.,..r'iS'+�Iti • �.!••�H� Y • ♦ w••I . .
that explains how "three baseball teams worth of cops" could have
taken "batting practice on icing's black body."36 There is
little else that explains how twelve jurors could find no
criminal wrongdoing. There is -little also that explains the
almost commonplace occurrence of police brutality against African
Americans in cities all over this country:
Rodney Ring and his family . . . are blessed, because
had they been in Indianapolis he would have been
killed. They kill you here. They don't just beat you.
He would have been killed. And his family would have
been slapped in the face by giving the officer who shot
him an award of valor. . . . It's appalling. The
travesty. This kind og thing is going on in 1990.
It's just abusive. It's just disrespect for
black life across the board on every level in this town
it.3'i
. It's just -horrible. I cannot overstate
Every other specific recommendation for change pales in
comparison to acknowledging and addressing the ways in which
racism informs every aspect of policing in this society,_ The
police must stop doing the dirty work of the white power r
• structure.38 The police must stop being a force to keep black
people down. Finally, the police must grapple with their fear of
s
36 =. .;
37 Testimony'of Reverend Anthony Lee, Genesis Christian
Mission, INDIANAPOLIS HEARINGS, December 17, 1991, at 317-320.
38 AM. SIDNEY .L.•. SAMUNG,. •,POLICING A CLASS SOCIE'!.'Y: THE
EXPERIEN+CE.O�'' 1 RICAii .CIZ'IES,''1865-1915.,6�7 .(1983j.: While '
Harringts 'analyysis "of y�olicits'g focuses 'on class rather than on- _
race, many of hin observations ring true for both.
Ir
• .•J �•.•y.; 'A�:..1 .�x J. •• /t:li• ST�'tt �•Ii�.It •• . w �i�. •'N 'R•tj•J•y : J• .
In L
. o: •• `�. •d :.., ••�:.• •i•'J•Ki •`.=•i: •.�ti•••'i. .'►J'11y�.f w.��`�a•. •'•�'. ••�. •� •,T• •�'�
difference; they must discover that "them" and "us" are not every
different at ai1.39
A change in the role of the police, without other social and
political change, may not change the nature of race relations in
the United States. but wouldn't it be wonderful if the police
took a leadership role in reversing this nation's history of
racism?
39 S9Epara MARTHA MINOW, MAKING ALL THE DIFFERENCE:
INCLUSION, EXCLUSION, AND AMERICAN LAW 3 (1990) ("When we
identify one thing as unlike the others, we are dividing the -_
worlds we use our language to exclude, to distinguish -- to
discriminate. This last word may be the one that most
recognizably raises the issues about which I worry. Sometimes,
classifications express and implement prejudice, racism, sexism,
anti-Semitism, intolerance for difference. of course, there are
'real differences' in the world; each person differs in countless*
ways from each other person. But when we simplify and sort, we
focus on some traits rather than others, and we assign
consequences to the presence and absence of this traits we make
significant.") with Marc Cooper, "L.A. Beware," sURra note 33
([conversation with three white members of the Los Angeles Police
Department] "'Life down there is very cheap. People are dying
there while we are sitting here talking. . . , it's really us
against them. . . . [T]hers is a lot of crime down there. You
look at the guy on the corner and you know he's not working, he's
waiting to rip off a purse. You got the dope dealers there in
their nice cars. The people committing the crimes hatis us.
And the good people don't understand us either. . . [Thel
problem down there .is no family•structure. You see children
having children with no fucking idea who the father is. in the
black communities all the kids have different last names. All
the mothers have six,'eight kids and no fucking idea where they,
are. And they couldn't give a damn because they are too busy -
pumping out another kid. Picking up the government check. Every
Cadillac and Naresdes you stop,+. :: the south • end ct town has food
stamps f ii :the; :glovi tox: ��'� ; .: !_,4 Q 8311 Clinton's • Acceptance
Speech , at the Ni�ocrati; 'Convention, Ifaw' Rork Times' ('�Thisre is no
them, there is only us.")...
— .•• .' t•'V�t�'.M �i'•� �� •t 1�.�A��..i��.."T.�:;�•iiat .}�. 5�.:a:.j,•SKY 3�r•{t�t-is" ter' � �. S, s
• '.. .w::.a .. r� �M ill.: •� t•+,.5' � , �'•::.'Y3 . . , . ..
••::' :.•*' �.41,1f +•,• .A 1 •. b',r �•i�.Lr, 41:. vie►S P: �►. •.` t~•'• 11dA + t••• •R9•�� •.• * ' -
a 2
Ir. GS
A. RACISM t8 A CENTRAL PART OF POLICE MISCONDOCT
.
1.
Racism is an important motivating factor in how police
• departments perform their law enforcement functions. The use of
sweeps through minority areas in the name of crime-fighting,40
the targeting of young black males for stop and frisks,41 the
40 Many examples of racially motivated police sweeps come to
mind, too many to list. Several fairly recent examples support
the point. The police investigation of the Carol Stuart murder
case in Boston, in which an African American man was falsely
accused of the killing by the actual murderer, Charles Stuart,
began with a massive sweep of the Mission Hill area of Boston in
late 1989. Mission Mill is an African American neighborhood. In
May.of 1985, Philadelphia police began their investigation of a
highly publicized police killing by sweeping through the Spring
Garden section of town, a Hispanic area. In the course of the
sweep, Hispanic people, old and young, male and female, light and
dark, were stopped and questioned. Some were even subpoenaed to
the District Attorneys office for interrogation. UR s2ring
Garden United Neighbors v. City of Philadelphia, 614 F. Supp.
1350 (S.D. PA 1985). Several years later, the Philadelphia
police had apparently not learned their lesson. In "Operation
Center City Stalker," the police, based on a very general
composite of a black man who had been assaulting women at knife- _
point in the late afternoon in center city, were stopping every
African American man in a several mile radius. fin Charles J.
Ogletree, "Does Race batter in Criminal' Prosecutions," s=rA note. -
16, at 7, 10-121 Nat Hentoff, "FORGETTING THE FOURTH AMENDMENT IN
PHILADELPHIA, WASHINGTON POST, April 16, 1988, at A25. &M 8 so#
THE WASHINGTON POST, October 21, 1992, at A3 (Gary Sudduth,
president of the Minneapolis, Minnesota chapter of the Urban
League, reports that almost all black men in Minneapolis are
being stopped and searched by police in the course of a search for two black men who fatally shot a.police officer).
e1 One. ixampii was tAe. !08eareh • on :Sight" •operation by the
Boston Police Department strategy to combat
drugs. Ast .part of .the. 1988 operation, Boston police officers
'',i�. �.. Ss, t .t•_..' y...;, Jct •j •• .{•\ Y: •• \.. •.L1 • �j,p�,�..L•: ��;•i. t •Lr t ')w••i . '/�..:' twi'••(. �.. ,�'�{. '_
• 93'- •255. -
• .t�: :fir.•••• ':.'J. �.•:i1�''ii,i .h't..t,'.��.;r. •Nl .t:,�• •'lMi;.•.:r •3':� •'•.. :� a'. ,'��.•`• �• ,�
targeting of young black males for humiliating strip searches,
even in public,42 and the creation of criminal profiles which
inevitably focus on African Americans and Latin0842 have become
standard police practice in urban America. Rarely does one find
the same extreme measures taking place in white areas,
notwithstanding the fact that crime occurs there too.
A former Miami police officer, Migdaly Rivas, described her
training as a new officer in the Miami Metro -Dade police —
department in 1990, where she was specifically taught to focus on
race. On one field training assignment in an urban area she came
upon a black man who started shouting at the officers that he
hated cops. She was instructed by a superior to subdue the man.
Other officers and a public service aide watched as she fought
the man. She subdued the man by holding her flashlight close to
his face and using her hands to make his stop and listen to her
instructions. An officer on the scene became enraged at Officer
Rivas' lack of violence and instructed her to take the man down.
She refused and continued to instruct the man verbally. At this
-� point, the enraged officer pushed the man aside and told him to
routinely stopped black youths -they suspected -of being in gangs
or of being "up to no good." an Charles S. Ogletree, "Does Race -
Matter in criminal Prosecutions," ,IA note 16, at 3.1-12.
42 The above "Search on Sight" operation included taking -
black youths off buses and making them pull down their pants in
public for body searches. ;.•• .
arlis*•J:. Ogletree; !'Does .taco Matter •in 'C'riminal
Prosecutions*,," &URIR A note 16, • at 120
•� .i•• I/ it • •t' 'r'�•,...Qi.• •••�•Sa �.j {•?' PA 1 fi •,. ti:3� •J.•J.� � .!.. Y' ~(1 •i, •�•�V {/
��• . ytl,• •'',..e :i�' •:`• �•. M•� ♦;. .••�fr rl%••.. I�,t;�..•�'�,•.. ..,•.•, +• w`i��•:•'' .fir,,' •',. . . .�.. .L.:•r-
get lost. Sho was told that she was nothing but a "blue
shirt,"44 and that when a senior officer on the squad gives her
an order she is to carry it out exactly. She later learned that
the drunken, black man was a man named Shortie. Shortie was
regularly used by that police to break in female officers and to
show them what was expoctod of them in street encounters.46
Attorney Bernard T. Holmes of Norfolk, Virginia relayed an
incident which reveals deep-seated police feelings about the
relative innocence of white and black youth. He received a call
from a young, black woman's mother. It appears that the young
woman, age sixteen, had been out at a carnival with another
female teenager, who was white, and two young black men. They
loft the carnival and were approached by police officers as they
{ sat necking in their car. The police insisted the young, white
woman be taken to Juvenile Detention.to be picked up by her
parents, while leaving the young, black woman on the street at
two o'clock in the morning. The mother of the young, black woman
felt that the "virginity and integrity of the black girl was*not
considered as important" to the police as that of the.white
girl.46 _
= I -
44 A blue shirt refers to the color of the shirt worn by
Miami police officers on.the beat. Superior officers wear white
shirts.
45 AM Testimony of Migdaly Rivas, 11IAi4't HMUWGS, November =
.. 13, .1991,.. at 634-633. ,.:• .
46 Testimony ''of •Attorney -Dernard T. •Holmes, NORFOLK
HEARINGS,- Noveoer • 6, •-1991 r 4t 64. .. -
.�:• • +._ • •ii •'•': r•.Y't+ �t�i! +�j•i x«1 �+:A:'��=•�i '•f• "~r:• Sfjtt«;wy; f.,. .'•.1 S`y .. •. {..t• ••� •.f •�.:!- ,e�.4�'+ F +..
:• • 'i.`!. i•.• ��•, ('•�Pt r•ti •`Nt ltr• SNr•3!••_t �.Mj•.w.�a '•r r.ir �►•.•• ��•�•� ,±~� .�+ii :�•i•.�l.••••t��•••I��'V•'y• ••k
In Indianapolis, police officers are sometimes rewarded
despite questionable, racially -motivated conduct. One example
involves a police officer who was involved in a controversial
shooting of a black man. Tha-shooting took place after a high
speed chase, which ended when the man°s car crashed. The Oman
was apparently idjured, and was crawling on the street. The
officer claimed that he shot the man to protect himself, as the
man was reaching for a gun, but no gun was found. The officer
shot the man with a new weapon, a nine millimeter gun. The
officer later received an award for valor for his conduct in the
shcoting.47
Another Indianapolis example was the case of a female patrol
officer, who chased a sixteen -year old on a bicycle. The youth, _
in the course of the pursuit, fell off his bicycle. The officer
continued to pursue the youth, and ended up shooting him. While
the case was being reviewed by Internal Affairs, the officer was
promoted to sergsant.46
The message in both examples was "loud and clear".to the
black community in Indianapolis.49 Not only are the police -
generally unaccountable for their actions, not only are police
shootings of unarmed black youth an aedeptable, form of law
47 in Testimony of Gerald Cunningham, INDIANAMLIS -
= BEARINGS, December 17, 1991s, at 293-295.
enforcement, but police officers will be rewarded and promoted in
the face of excessive force.
Police officers have increasingly come to rely on race as
the primary indicator of both.puspicious conduct and
dangerousness. There can be no other explanation for why a
police officer would consider shooting a sixteen -year old on a
bicycle. One cannot even fathom the same thing happening to a
white youth. A black teenage pedaling rapidly is fleeing a
crime. A white teenager pedaling at the same speed is feeling
the freedom of youth.
There is a growing feeling in the black community that the
police regard all community members as either criminals or
potential criminals. Police practices in black communities are a
— direct source of this perception. As one scholar of police
conduct noted, "There in substantial evidence that many police
officers believe minority race indicates a general propensity to
commit crime."50
By law, police officers may not stop people on the street
without cause.51 Twenty-five years ago, in TAZ= v, ohio,32
the United States Supreme Court"recognized that the power to stop
people and to conduct an outer -body frisk, considered a lesser
SG Johnson, "Race and the Decision to Detain a Suspect," 93
YALE L.J.. 214,. 236.� (1983)... .•;
sl The Fourth Amendment of the united States Constitution
prohibits the search aid seizurs,of•a person without probable
cause ... ,.:.. . r . ; • • • ;
52 Suipr$ note 17• i
- { .. a .. t •. .. • I : • i
• •�.''• i !r„S.•r•: F.' .. •i ' ;' :�••R iA: ••i. t �$': •t•�N,t •: Jf .. t: � •' . '+i . .ti ! •aJ ��•••J••.�i�� f!:• ., a . ti::: ••s• •� •.. �'••'+ j-
M
intrusions than a full-fledged search, could be used to harass
minorities. sounding eerily current, the Court referred to
police practices which "can only serve to exacerbate police-
community tensions in the crowded centers of our nation's
cities." in may, Chief Justice Warren quoted at length from a
report of the President's Commission on Law Enforcement and the
Administration of Justice, which concluded that field
interrogations and "atop and frisks" are a major source of
friction between the police and minority groups. According to
the report, much of the friction related to the officers'
"'perceived need to maintain the power image of the beat officer,
an aim sometimes accomplished by humiliating anyone who attempts
to undermine police control of the streets.'"53
In practice, however, Terry, which requires that police have
an objective, articulable suspicion that a suspect has been
involved in a crime and a reasonable belief that the suspect is
armed and dangerous in order to perform a stop and frisk, has
little force. In the context of drugs, guns, and the popular
perception of a crime epidemic, the mere status of being a
minority group member in a poor urban area has come to justify a
- Tarry- stop.
police officers have come to realize that several factors
are working in their favor when they stop people without
sufficient causes (1) an allegation by the suspect of an illegal
stop • Nill generally only occur : •in: • a:• *otion to suppress ovidenc4, _
53 at 15 93- 255.
.. }• ..•4)
r ��� ♦ • '. :fib .�• �`• � .•r • . � • � •/.• ;r*t• •tr � � •..'•I t: •' • :• ... a I ti �'
filed by the suspect as part of leis/her defense to a criminal
prosecutions (3) the state's burden of proof in such a motion is
a more preponderance of the evidencet (3) the motion Will boil
down to the police officer's word against the word of the
suspects (4) the allegation will likely go no further if there
was no physical vicience accompanying the stop, search, or
arrest.
Unfortunately, the evisceration of the Fourth Amendment in
minority neighborhoods is not solely a police tactic. Joining
police and law enforcement officials in the disembowelment of the
right to be free from unreasonable searches and seizures are
prosecutors, judges, the press, politicians, and some members of
minority communities. The ravages of drugs and crime have made
for strange bedfellows. Minority community members who are
willing to tolerate improper, intrusive police behavior do so for
the promise of a safer neighborhood.54 As young black people
have come to know well, however, theis is a cost.53
54 An example that comes to aired is the call by many mothers
in black communities for metal detectors and random locker
searches in public high schools to combat the flow of weapons
into the schools.
55 studios have shown that young black people are likelier `=
to be suspected of crime than other groups and that deadly force
is more readily •used against black suspects. Am, p,,gi, Brown,
"Bridges over Troubled Waters A Perspective on Policing in the -
Black Community," &UM note 16, at 791 McNeely and Pope, "Race, -
Crime and Criminal Jostles". • AM& note.16, • at. 13-14 t Fyfa, "Blind
Justice: Police Shootings in Memphis," 73 JOURNAL OF CRININAL L&W
AND CRIMINOLOGY 707, 718-720 (2982); Johnson, "name and the
t Decision. to;: Detain ..a,.Suspect., r..xH= .note 28 'One`. at swes'y four
black, men'.bitweonl,f"hi 4gas of,,40-20, is .either. on probation, on
parole, oi. in jail: • Kanir,' *Young Black Men and . the Criminal.
Justice'system: A Growing National Problem," THE SENTENCING
_. • •. •• * ••• •. -• A. 4• •rp•�• 1 {:. i ♦ �` s . •!T. 1L..�i•�a ••off �.1••; �•�. .; �.w �.T•T» i +. �•f• « r
••w••• r J .f • .. 1• • . •. ire• 1�1 .: • . �J. wi•• �... �'�!". 1 �' . • _=
Even in non -threatening situations, minorities often find
themselves harassed by the police. There was testimony at the
hearings that in some Miami malls there is a policy of stopping
black
youths to
ask if they have
money. If they do not have
money,
they are
ejected from the
mall."
2.
Mary Redd, of the Norfolk Urban League, observed that,
[T3here are some officers who see a criminal element
behind practically every African American male face
as a gang member, behind every African American teenage
face a threat. . . . [T]hey think they g9n brutalize
us and suffer little or no consequences.
With this police perspective as a back -drop, it is not
surprising that in April, 1991, the National Center on
Institutions and Alteri}atives found that, in Washington, D.C.,
42% of black men between the ages of 18 and 35 were, on any given
c
day, embroiled in the criminal justice system. They were either
in jail, on probation, on parole, out on bond, or being sought on
PROJECT, February 1990.
56 an Testimony of Ray Fauntroy, MIAMI HEARINGS, November —
130, 1991, at 705.
57 Testimony -of .Mary. Redd,•.Urban League, NORFOLK HEARINGS,
November 6, 1991, at 147; fin also Testimony of Rev. Millie
Simmons, Black Affairs Program, Metro -Dade Department of
Community Affairs,. .MiAMI. HEARaNG$t November' 12,. 1991s...i t 67
Wl's lie4 �.to dial with�ghst� si pli tic approach 2f you
th tzk tbtat every African American male is' a* criminal then you
cant help'but approach them in that'style.")
•r,•; i •+:•.t..�~'•" � .�,.•'•1'�:�.••.i':: •i4 �•4•,. '�.' .!f .1 t r•i � t• '« ,p.•.,�T�. • f i-
an arrest warrant. The sane organization, in a recent study of
Baltimore, found that, on any
given day in Baltimore, 66t of all
the city's young black son, 18 to 35, were somehow caught up in
the criminal justice system. •A great many -of the arrests made in
Baltimore last year - 13,000 of them - were related to drug
charges. Of those 13,000 arrested for drugs, 11,00o were black.
This is a stunning figure. The National Institute on Drug Abuse
estimates that 778 of all drug users in this country are
white.58 Note who's being arrested.59
Billy Murphy, a Baltimore attorney, says that the
explanation for these extraordinary numbers is simple. "Getting
tough on crime, first of all, is a buzzword for 'Let's get the
niggers,' and 'Let's get the Latinos.' Because we all know, the
1 conventional wisdom says, that they are the cause of our problem,
they are making our society more violent, they are reducing the
58 "ABC News Nightline," (ABC Television broadcast,
September 2, 1992). ,
59 $RB also Testimony of Ernie Neal, Miami chapter of
NOBLE, MIAMI HEARINGS, November 13, 1991, at 580-581 (African
Americans and other minorities are much more likely to be
arrested; few black males reach the age of 21 without an arrest
record. . "EA]n arrest is a discretionary situation which
may have a lifetime act
imp upon a person whose major offense ,was
that he was not sufficiently respectful or deferential toward the
police."); Charles J. Ogletree, "Does Race Matter in Criminal
Prosecutions," Mgr& note IS, at 7, 12-13 ("Although African
Americans comprise twelve "= p percent of the national population,
they account for almost 'fifty' pes-cent of the prison population.
One out of every lour black men between the ages of 20-29 =
is under the control of the criminal justice system, in prison,
on..probation,. oz •on parolr: N)=lOttter; «At`sricans Behind Bars: ]►
Comparison ofJnternational Rates of. it:carcaration,« THE
SENTENCING PROJECT, •January, ' 1989'f• Mauer, »Young Black Xin 'and �-
the Crimiaal Justice. system, sunranote 55 _
. •1 .r' ;. •".•� r•.F� �;• • w� /. ••=fit : �'iiit•.1 ilr•P i� 'irito`i.w»;•.�•�1�P, �wf,�.r .Sri � •, J• •�.. r •• •T•• • �t • •�Z s � •r"• '}
j
quality of our life."60 do the war on crime becomes a war on
people of color, largely those who are young and male.
For all the attention being paid to young black men by the
police, there seem to be relatively few cases of black men in
their teens or early twenties posing a serious threat to the
police. Few are alleged to have shot at or killed police
officers. For example, George E. Mine, President of the Virginia
Beach N.A.A.C.P. testified that he could think of only one
instance where a young black mans actions resulted in the
killing of a police officer in the Virginia Beach area.61 Yet
the police there tend to focus on, and to come down harder on,
young black men.
The question then becomes why the police treat young black
men differently than.they treat anyone else felling drugs. Young
white men sell drugs as well, but there is not the same level of.
fear and hostility. The only difference is race.62
60 "ABC News Nightline," (ABC Television broadcast,
September 2, 1992). fift also Testimony of Dr. Larry Capp,
Psychologist, MIAMI HEARINGS, November 12, 1991, at 228-229 ("I
think that perception (that black citizens are more apt to be the
victims of police misconduct than white citizens) is true and I
think particularly with respect to black males of all ages and
especially with respect to black teenagers. . . . I think it
exists] as a result of several incidents tbat have occurred here
in the South Florida area involving black males who have been -
hurt, injured or killed at.the hands of law enforcement officials =
here.").
61 An Testimony -of George I.-Nins,.President, Virginia -
Beach NAACP, NORFOLK HEARINGS, November 6, 1991, at 184.
62 fift.Testimony..of.. rni•s..Nea1,...Miami. chapter of NOBLE,
Him HEARINGS,. Ncvsmbsr 13,. AS92-# ;at .581 ("In making these -
decisions (wheihar'to ••invoke• the process, of the criminal law),
- police (officers] rely on such visible attributes of status, _
.•. .•.S . ,. icy. • a` ,• �: !�j•a '(.tt'a•�? .r 3�.. '�:'i1.,!ii L' •'�•r �•,• • •t91j.`•".��••':i.y ..: ABM .. .. .e•••'a: 1' 4� n!jJ'_. •�'..,•:
rk
As a direct result of what they experience at the hands of
the police, there is a growing perception among young black men
that they are not being treated fairly.d3 Bernard T. Holmes,
an attorney, testified that he.gets numerous calls from young
black men who complain about the treatment they receive at the
hands of the police.64 They can be future doctors and lawyers,
but many police still see them as suspects, drug dealers, gang
members. Young black men are all too often "Presumed
Guilty."65
Young black men have come to experience police stops,
questioning, and harassment as their American way of life. This
may be especially true for black men in cars. Casey Stuart is a
32 year old black man. "I've been driving since I was 14. Being
stopped is something that's part of life out here [Los Angeles].
attitude, color, age, dress or demeanor, as well as the nature of
the offense itself
63 &U Testimony of Bernard T. Holmes, attorney,.NORFOLK
HEARINGS, November 6, 1991, at 63.
64 I4 also Testimony'of Dr. Millie Williams, ?air
Share Job Committee of PULSE. HUM BEARINGS, November 13, 19910
at 510-511 ("Me -have found out that a lot of times
when police stop blacks, young blacks, the ones in the street,
they like to intimidate them. They like to call them out . . .
cuss them, and one of the main things that they call them, to try
and get them riled up, is 'boy.' I think you know how that
infuriates young- blacks ... •I.think .you know how they feel about
being called 'boy' by a white person. Once they become
intimidated and riled up or raise their hands, then this is
enough. ..• , .for a :.police. [officer], "...say he. is resisting arrest
65 "20j2011, ABC .News Broadcast, November Go 1992.
13
' '...•, ''d!•. �.•ti lt'OZ. • •a Alt, f;'..1a L.'.jM,.�•��f•1y rl,.��fL.:�!�C"�N R".J.1�•ir •i►i;\S..'•J••, t,• •d t.••w ti.. v:�� ='t� , { • ;L s�
That's life."66 The constitutional protections he may have
learned about in civics class at dqe fourteen have simply not
been available to mr. Stuart.
Interviewed for a television news program, Los Angeles
Folios Chief Billie Williams stated, "Y think that African
American males and other minority males are more prone to be
stopped for small or frivolous reasons than non -African American
males in not just big cities like Los Anqeles and Philadelphia,
but small, suburban and rural and country towns. Statistically,
it is a fact."67
Brian Bowens, on the same television news program, put it
= plainly: "I'm six feet five and a half, I'm dark-skinned, I'm
black. You ]snow, if I have dark glasses on, a baseball cap, it
fits a profile, why not be afraid? That's what white America
says, right? But if I'm a white guy driving around in a Benz,
talking on a car phone, listening to loud music, he goes on. "Oh
What a businessman, an executive, movie star, whatever." When
I'm doing -it, drug dealer."68
A member of the Urban League in the Norfolk area testified
that she witnessed a white officer stop a young, "clean-cut,
mean -shaven" black Norfolk University student, allegedly for
66 Id. an also Testimony of Rev. Willie Simmons, Black
Affairs Program, Metro -Dade Department of Community Affairs,
MIAMI HEARINGS, November. 12., 1991,.. at 67 ("If you think that —
everybody that drives a fancy car is involved in crime then my
daughter and my son cannot drive.my vehicle to the store."). ,
•�
• . ••9- 15
'•'• . • • �', (.w•.: . �'►+.�.L w: Z•••p•'•l :•S �: yJ..S �•.�r�. •�'~�R �,•«1T ;��• ••, •T , ••�'4 A::0• .'�' :•�.. �'. Nam••. j j�! �.. •�•'v `,
' .'. fir.:—
making an illegal turn on his bicycle, then bang him against the
police car and detain him for an hour and a half. When she spoke
with the young man after the incident, he sa*d the officer told
his "[Y]ou can go down and file a complaint about the police
brutality if you want to, but I just beat two raps on that
. ." She subsequently found out that the particular officer
had indeed just "beaten" a couple of cases with internal affairs.
She testified that when she called someone she knew in the police
administration, she was told,_
[W]hat you don't understand . . . is that some
Jamaicans have been out here shooting at night and they
thought it was a problem. I said, wait a minute. They
couldn't have thought that. The kid had no gun. The
kid had nothing. That doesn't justify it because we do
have a problem with gangs in the projects. What
doesn't justify treating this kid that way.-
B. CITIZENS EXPERIENCE POLICE ABUSE IN A WIDE VARIETY OF FORMS
1. Finding: Excessive force has become a standard Bart of
the arrest iprocedure
Perhaps, the most serious problem facing the minority —
community is police use of excessive and deadly force in the name
of law "enforcement." Excessive force encompasses everything
from brutal beatings to the use of police dogs to police
shootings. Citizens testified about the brutality employed in
many routine arrests. Sven in instances when a suspect has made
69 Testimony of Mary Redd,.Urhan TAague,.NOROLK 88ARINGS,
November 6,. 19�►1, at.147-is0.
— •.'n••.•;' `�. �.f }:. :/' �'•.••iy11��t�.•'.y;fh:�i�i:•�.�i��,•.tli:•+i ji%•• ki�""�tT'jr`.i�:" yV'rt'•t.•ri�..•ia•; • •tK1'•+► ,�:i4�'►•
clear an intention to surrender, far too often the suspect -is
physically punished as part of the arrest process.
Public defenders, criminal defense lawyers, and criminal
clinicians in law schools, (including some of the authors of this
report), routinely hear descriptions of excessive force when
clients recount the way in Which they are arrested. Sometimss it
seems that criminal suspects who are not handcuffed too tightly,
not smacked with a nightstick, and not shoved into a police wagon
are the exception.
Recently, one of the writers of this report represented a
client accused of participating in a melee where rocks were
thrown. The client, a seventeen year old high school student who
is captain of the track team and college -bound, was walking home —
after -a party in a church when he was stopped by police officers
_ and ordered to the ground. The student complied, and on his own,
got into a "spread eagle" position. While he lay there in a
state of complete surrender, a police officer came up from behind
and kicked him hard between the legs. The same officer then hit
the student in the back of the head with a flashlight. He
threatened worse if the young man moved. _
The student had no intention of doing anything other than
what he had,been ordered to do. He wanted no trouble. He had
never been in any trouble. He had been taught to respect and
hoed police officers; He had done nothing wrong and he believed
that, once the police determined that they. had the wrong person,
he would be free, to'* Oro Snstead, h4 was'assauited and than
•1�}., �'}�.•; t:►� 1•t'•• •.. �•.:� •l. •1; .:i .••1 �••t!;•• �•�S,••�'+?.b�%.'a .r• •-A, 'C•. +vA•. '' •' •'� •K • •. _ .!'. • i
arrested. The police allege that he threw rocks at them. -He now
facei trial for assault and battery with a dangerous weapon.
Glenn Stewart's story is a nightmarish part of the same
picture. A Miami resident, he. was stopped for reckless driving
and was taken from his car. He did not resist arrest in any way.
He did not attempt to elude the police. After being stopped by
the police, however, he "received a whack" on the back of his
neck by a police officer from the Metro -Dade Police Department
who was arresting him. This blow caused him to suffer a broken
neck, which resulted in paralysis. He spent three months in the
hospital and required spinal cord surgery.70
Many law enforcement officers testified that the problem of
excessive force, while not totally alleviated, has diminished
somewhat due to an effort on the part of police departments to
rid themselves of troubled police officers. For example, former
Indianapolis Chief of Police Paul Anse points out that police
shootings in Indianapolis have fallen steadily in recent years.
According to Chief Anse, there were 29 "police action shootings,"
including 12 fatalities, in 1974, and 27 shootings, including 7
fatalities, in 1975. In contrast, there were 3 police shootings
(1 fatality) in 1986, 2 police shootings (1 fatality) in 1987, 3
police shootings (1 fatality) in'1988,'6 police shootings (3
70. Testimony of. Glean Stewart,, M1MIAMI` HEARINGS, November =
.13, .1991,. •at .684=685•; • 692:.37
.
3 2.55.
_ ... •.t�•t•.�♦. •/.1 •i•, ..'•; ,••!�<C ,+!� JS<•• ire 'fi. A.. t'•';A'♦♦.• . S.j .i. 'f. ;'+ , }:
fatalities) in 1989, and 8 police shootings (2 fatalities) - in
1990.71
Major Sheldon Harden, Chief of Operations for the Norfolk
Police Department, points out -that his department has a policy
that does not allow officers to tolerate police brutality,
excessive use of force and abuse of police authority. He says
that it is important to strictly enforce this policy.72 The
Vice Mayor of Norfolk testified that of 70 deaths reported in
Norfolk in 1990, none were related to police misconduct or
intervention.73
In Signal Hill, Los Angeles County, Chief Michael McCrary
echoed the sentiments of Major Darden. He testified that one of
the first announcements he made to police officers under his
command after taking control of that city's police department was
that police misconduct would not be tolerated.
Excessive force would not be tolerated. I clearly told -
them the expectation was they were to do their job. At
times we deal with people and we're going to have to
use force, they are to use force but nothing
excessively [sic]. Any excessive force would be fully
investigated. Any violations would result in
termination. We found they could do their job wit19ut
use of excessive force, so that was not a problem.
71 Testimcny•of Paul Anee, Chief Of Police, Indianapolis
(1986-1991), INDIANAPOLIS HEARINGS, December 178 1991, at 48-49.
72LU Testimony of Major Sheldon Darden, NORFOLK HEARINGS,
November 6, 1991, at 39. -
73 Lg Testimony of Reverend Joseph Green, NORFOLX HZARINGS,
November 6, 1991, at 30. -
+ 74r Testimony •of -, Michael McCrary- Chief ; of•• .Police, . signal
Hill, Los Angeles County, LOS•ANGELES HEARINGS'December 4, 2991
_ • gat' 124.. • _ • .: •• •� :.. :_• .p r
•� . .. • 9.3- 255 —
••� + yV�i?a','Vf �•wt•.T•s �•y�•:._„N ...;'rl�u•.y'1.':•+�'! d►•�1•:�70 •.: ,;.''•l. `.t �� �: ,r_J: ••. .*.W ow! •,� :. •'•L� l.r i '�. ;i•.� ..e• �:• �t•.GNP ♦.
Still, excessive force remains a problem throughout the
country, especially force against minorities. The police in the
Xiami/Metro-Bade area, for example, have a long history of using
excessive fore* against minorities. At a form conducted by the
Florida Advisory Committee to The United States Commission on
Civil Rights in 1988, a community organization presented accounts
of the killing or beating of fifteen blacks under "cloudy
circumstances" in Dade County since 1979. The State's Attorneys
Office at the time of the forum listed seventeen "questionable"
cases of the use of deadly force, going back to 1986.75
At the NAACP hearings in Miami, People United to Lead the
Struggle for Equality (PULSE) - a community organization that
participated in the 1988 Florida Advisory Committee forum -
75 egg Written submission, Report of the Florida Advisory '
Committee to the United States Commission on Civil Rights,
Police -Community Relations in Miami, November, 1989, MIAMI
HEARINGS, November 12-13, 1991. "According to most of the
community leaders (present at the forum), the incidents which led
to the riots of 1980, 1982, and 1989 (in Miami) show a common
pattern of abuse, disrespect, insensitivity, poor police
practices and outright errors on the part of the affected police
officers. Time and agin, said the leaders, this has led to loss
of lives, property, and respect from the black comnmunity for
police departments all too often seen as the invading enemy.".
at 16.
The importance of maintaining independent records on police
action shootings becomes clear as the political pressure to
control such statistics unfolds. In the above case, it is
unclear whether any of the shootings between 1979 and 1988 as
reported to the Florida Advisory Committee are included in the —
seventeen shootings that the State's Attornsyls Office listed as
"questionable.".It is in,the interest of the police departments
for police misconduct to be as low as possible. The correlation
between official statistics and actual police misconduct may be
shakey at best. In part, this is because the incidence of police .
abuse and police misconduct -i underregoirted. This is also due -
to the.'fact that therm'are very few independent'agencies with -
access to this 43nformatAcn. .r
r .' .. 39
9.3-.- 25,5
•• • .i. 7r .. N. •. i I 1 �ayy ., w •t•• •••• 4 v Via• ♦ • •••!! 'ri• . 'h i! '• .r 4 :.M1Y• �, ��-
. i '. r . • rir r a' is ,A"!t� :. '4 J f '.J «/ i. `
•. r ... .: ►". .,.1 • •'s •, 'f••2��•• ••�. 1,•.• j•• ry Iiri :J�/•i: ��.✓.• •w`•. •. .. , • w♦ w t � � , •. ..
presented a list of police beatings and shootings. The list
included seven incidents where black people were shot under
`suspicious circumstances between 1979 and 1988 in Miami. In the
same record, PULES documented -Sight brutal beatings, 76
including the beating deaths of Arthur McDuffie and Randolph
McFadden. Arthur McDuffie, an African American insurance
executive, was beaten to death on December 17, 1979. Ytandolph
McFadden died while in police custody on January 11, 1988, under
suspicious circumstances.77
Despite a growing national reputation for excessive police
behavior, Miami police continue to use violence, especially
against minorities. The Miami -Dada branch of the NAACP
documented twenty-one complaints of police misconduct and abuse
between January, 1990, and August, 1991, eleven of which involved
unnecessary or excessive physical viclence.78 In 1991, Metro -
Dade officers arrested and physically abused a clothing
concession owner after he asked the officers why they were
76 am written submission by Dr. Willis Williams, PU E,
MIAMI HEARINGS, November 13, 1991. i
77 fin Testimony of Dr. Willie Williams, Fair Share Job
Committee of PULSE, MIAMI BEARINGS November 13, 1991, at 492 (the
police reported McFadden died from a drug overdose, yet there
were visible marks all over his body which appeared to indicate
that he was severely beaten.).
78 fiM Testimony of David Honig, General Counsel, Miami -Dada
Branch,., NAACP,, MIAMI . HEARINGS;. Novenbsr-124-1991, at 174-175, and
written submission. • to.•hoarings, Stmmaa of ,Documen___ted_CRI IaintA
H8�8 ; • S.'anuaxy, •1930 ' August, •
-I991•. .: • ..
5.5
'`�M
••'.. .:i
.•
� • �... �. •.•..•j•
it �i ��••1 �•;,t�••�js•:•�••••••.
`•
j ' S: ��• �:' : ,•�.• i; •�;�.. 1'i'1•�. » %n'•�4. i}
e:rrt ��•:� i•3�.�.J. a y �.Sl'•r �,,. t� �;. .A..0.
•J ••r`•r •• •+;.''••,;
: %�• . is et
-�•
r
_
harassing his#customers.79 Also in 1991, Miami Beach officers
— ( . .*1
beat a black man who insisted he had not committed a crime. The
citizen's hands and feat were handcuffed, he was stripped naked,
thrown in a chilly jail calls, -and charged only with resisting
arrest.80
In Los Angeles, Attorney Johnny L. Cochran testified about
excessive force in his city:
Mr. Darryl Stephens was a young man 27 years of age. A
young man who was in bad in a residence out here in El
Monte. El Monte is an area just east of Los Angeles. _
This is not a Sheriff's case. I believe this is an El
Monte Police case. The S.W.A.T. squad comes into this _
man's house in the early hours, apparently looking for
suspects or weapons that were used by some people who
had been kidnapping people from a mall. This man is
laying in his bed, apparently on his stomach.
Coroner's8 sport is out today. He was shot 28 times in
the back. -
Henry Paxton, an attorney for the Henry Paco Justice
Committee, told about the death of another Los Angeles citizen.
On November 29th, 1991, at approximately 5:50 p.m., twenty-seven
year old Henry Paco, III was walking to a gym in Los Angeles to
pick up several children and take them home. The Imperial Court
housing projects where he -lived were blacked out from a power
79 fin Testimony of David Honig; MIAMI HEARINGS, November -
120 1991, at 172. -
80 Am Written'submissicn from David Honig, summary of _
DooManted Complaints of Police Misconduct Received by the Miami- -
Dade Branch of the CP, January, 1990 - August, 1991, MIAMI
-_ .. HEARINGS , .: Novsmber• LZR . • ].99 i• � ,,. : , ,,. . , ,. • .. _
81 Testimony of. Johnny L. Cochran,. Attorney LOS AATGSLES
HEARINGS,- becember..-1,. - 1991 4at;' iS5::.,' • .
42
. r••:Lt; .. •'�i.'•n+�yC. ' : Y''}:vt.r�tt.•,.!iy:'•.va{�'r�e.K,.IU,:�:y'r�:..r•e. ":�'�' "�t.� •,�•t;�i'. +•:' • •c:;+ ••
outage, and he wanted to safely escort the children through the
dark.
As he was walking to the gym, Mr. Peco passed his cousin and
aunt. Within seconds repeated -gunfire was heard. His cousin saw
a human form fall and began to scream, "No, not him-* His sister
immediately ran to Mr. Peco's side. She saw he was shot and
tried to revive his. _
As she was trying to revive him, she was threatened by
uniformed police officers from the South Central Division of the
Los Angeles police Department. They put a gun to her head and
told her to move, that she was interfering with police work. The
officers pulled her off her brother and then pulled off two of
his cousins who had come to his aide, and arrested them. —
Mr. Paco died of numerous gunshot wounds. The precise
number has never been determined. The police apparently claimed -
that Mr. Paco had a rifle. No weapon was ever found.82
In Houston, three off -duty and drunk police officers chased
a fifty-year old black woman on her way to work for thirteen
miles on a Texas interstate before shooting her to death. The
officers apparently became enraged when Mrs. Ida Lee Delaney cut -
them off at approximately 3s00 a.m. on October 31, 1989. None of
the officers vere, in uniform, and they were driving a private
unmarked vehicle as they pursued Mrs. Delaney. There is evidence
that Mrs. Delaney, in fear of her unknown pursuers, fired shots
an Testimony of.Mr.:Paxton, Chief Organizer of the Henry
Paco Justice Committee, LDS. ANGZLZS•.RZAWG;, December, 3, 3.991,
• 42•' 93- 255
• ii..f •.,"' �► i• ,.� � ;� �,,,�•' iI.•••t••. t„'�+� �,•,�•3:�,'��•Z. �r ••rK' •1I.• iI• •�„ • �• .� :�.• .(.,'ti! • ' •t ' '(' �''•!' •�iJ'• �•Y
at the car before pulling over behind a truck where county
workers were working on the roadway. One officer, in plain
clothes, approached the car with a gun, exchanged fire, and
killed Kra. Delaney.83 There,was no accusation that Mrs.
Delaney had been engaged in any illegal or suspicions activity.
The increased use of police dogs is another example of a
trend toward more, not less, excessive faros. This is especially
so in minority communities, In the Los Angeles area, there was
testimony about the use of police dogs as punishment for
attempting to elude police officers. The incidents of dog bites
were disproportionately high in the black and latino communities.
Even though many of the dog bites occurred while the police were
investigating property crimes, other, more affluent neighborhoods
seemed to have just as much if not more property crime, with
fewer incidents of dog bites.
= Many people do not know how police dogs are trained.
Attorney Donald W. Cook testified police dogs are trained to
attack people. The dogs are seventy to eighty pound German
shepherds, and they are trained to attack as hard as they can.
They are trained to attack with what is known as "full mouth
bites" in which the'dog gets its entire` jaw around whatever part
of the body it can • bite.• It bites down • as - hard as it can for as
long as it can.84 If•the suspect aanagaa to break tree, the
. ._ •83 .N.�«:. TIi!�S,••Deo..:`lO.F• •198e,;• at :38,• ... ., ...
• -
84 • `Testimony of Donald * ' Cook; ' LOS ANGELES MIARINGS,
;• • •• •Decembor `3, 1,991;' � at• 4�-53: •, t • •. �.: .. ...: N
43
_ • �•. •!• i �i •�' • • M�1•'9 •e'�/• j• '� y•. +• •• f • ••;�•' ••%j • •• �•�'e•• •• meaty . ♦ t,.�. ��, �n� '►
���•:� •+ s I �ie�•�`��i•• 7••r; • � t�.t1 '•'�• �•. r'•A•��1•��.'Yr�E�:.•.Z••� iNt .,•N t ♦.• j'..y j%7 e • •r -
t-
dog is trained to bite again and again. The dog will stop only
when the police officer or the dogs handler pulls the dog
off.88 Handlers do not usually pull dogs off until the suspect
has been "subdued." This usually means injured.86
Most officers with dogs patrol in South Central Los Angeles.
The greatest number of dog bites occur in African American
communities. Since dogs are used primarily in property crimes,
like burglaries and theft, the rationale that it is necessary to
use dogs in African American communities because these are
violent areas does not ring trus.87
What is most disturbing is that many dog bite victims are
accused of non-violent crimes where they pose no immediate threat
to the police or civilians.e8 The Seattle Times reported an
f incident that occurred in Tacoma, Washington, where four men were
- l accused of stealing a car and police dogs were brought to the
scene and unleashed against the men, even though they were
running away and appeared to be unarmed.89
In Los Angeles, Fernandez Hernandez, who was arrested on
suspicion of drunk driving and car theft, was taken to San
Clemente General Hospital for treatment of dog bites on both
thighs. The incident began at 6:47 p.me when the California
86�
87• -
•
89 THE - SEATTLL TIMES, 3nly' 14, � �199Z r• at' D1'
-. t• .I. i .�' .ie .•%� Jt :t� .:� ♦! �r� ;LZ'i� � 1��'f"Yf ����.•...L+I.1r• �i• ��t� S.� ��' j•i •� .��it. ,r•'r �.•• •.� ."�II•i�i � _.
Highway patrol pursued Mr. Hernandez south on Interstate 5 in the
Mission Viejo area. A check of the license plate indicated that
the car was stolen. Hernandez suddenly stopped in the freeways
center divider near Cristianitos Road and ran across the freeway
lanes into a large field near Camp Pendleton. The California
Highway Patrol starched the field, assisted by helicopters from
the Orange County Sheriff's Department. A second helicopter from
the Costa Mesa Police Department located the suspect by using
infrared sensors that detected the suspect's body heat in the
tall, dense brush. That's when Nick, a German shepherd police
dog with the Sheriff's Department, was sent in.90
The Philadelphia Police Department has the distinction of
having the greatest number of police dogs. Philadelphia has
approximately twice as many dogs as Los Angeles. However, while
there have been about nine hundred attacks by police dogs in the
last three years in Los Angeles, there were only twenty dog bites
during the same period in Philadolphia.91
The above examples of police beatings, police shootings, and
attacks by police dogs only begin to tell the story of what many
90 ws ANGzLES TIMES, Jan. 27, 196, at 2.
91 Los ANGZLES TIMES, Dec.. 12,, 299.1,, at Metro, p. 1. To
underscore the need for reform in this area, The Los Angeles
Times, October 14, 19921 at Metro, p. 2, reported that the Los
Angeles Police Commission recently acknowledged a new direction
in the use of police dogs when it reported in October of 1992
that it now recommends that the canine unit be retrained to use
the "bark and alert".method of finding alleged suspects first.
The recommendation 'vita 'sada-14ter the American Civil Liberties
Union threatened" a 6-lass-action suit based oti the use of police
dogs.... t. .. .
45. .
: .. .. ... •93= 255
•s ...i,' � 'p'•.'b•p•v :.♦•� 1• p .♦tip �•'%'s � �p•:rt .,..•��jt,✓+i• ,�.�:•i,'•: f'/,. iS. •:b.•.i.t• � . .., :�., r. r••'
United states citizens experience daily at the hands of the
police. Since the NAACP hearings, there have been several
publicized examples and countless unpublicised examples. We have
only just scratched the surface in this report.
2.
Physical abuse by police officers is not unusual or
aberrational as it applies to the minority community. In one
example, Selvei Burris complained that the police came into his
house and arrested his whole family, beating and kicking them in
the process. He was removed from his home and taken to the
police station where he was held overnight before being
released.92
They [four police officers] came to our house. My son
has a girlfriend . . . . I allowed them to stay at my
house . . . . Well, the police, the girl's father and
mother came. And when they came they came in with four
police officers. During this time as they entered the
house I went in behind them and I asked them what was
the problem. And they asked me to leave, which I told
him -- I said, "It's my house, I would like to know
what's going on." At the time they told me that they
were investigating that the girl had boon held against
her will. And I said, "Well, she is sitting there.
And all you had to do is ask if stie's being hold
against her will. Well, next thing I know . . . my
daughter, my son, my -wife and I all four were arrested.
. My wife was brutalized, my son was brutalized, any
daughter was brutalized. . And the officer grabbed
me, spun•me around. . . a young man kicked me. He
92 Testimony .bf Selvei.. Sur, ris i INMIANAPOLIS HEARINGS,
December 17, 1991; at. ; 31Z-317 0' . •• '
46
{I•. .•... ••.. t, •. r•. .}.i'✓•'••�j�'h•J• �i� L..i: '(`•. .!y~ti��i�i11 ::. ;i �=.•T•�� •.• • •�•.i:• ...L l�'•'��wi..r 4.•. •,.: �,.'.'1
kioggd to the second time. Then he started choking
me.
Though no one in the household did more than ask the police
what they wanted, the police apparently wade up their winds to
treat those inside as criminals before they even entered the
home. The physical abuse that followed the police entry into the
house was an unnecessary control technique that had nothing to do -
with criminal activity. The police were simply establishing
authority.94
Nor will station in life shield you from excessive police
intrusion. Black professionals may be just as likely to be
victims of police misconduct as the less affluent. Thus, on June
6, 1988, Metro -Dade police officers went to the home of a black _
family. The father was a tenured professor and the mother was an
accountant and former social worker. The thirteen -year old
daughter called her uncle about a dispute between her parents. _ s
The uncle, chairman of a crime watch group, called the police, _
who came well after the argument had ceased. The police came
into the house and took control, despite requests to isave. They
struck the husband with a club and then the wife when she tried
+'to protect her husband. The husband was beaten to
unconsciousness while handcuffedi his injuries included
contusions and fractured ribs. The wife required two surgeries
93 at 312-317. .
94 The real dispute appeared to be with the parents of the
= young -.woman and- the- young .woman herself: ,The young woman vho was
involved with Mr. lurris�,,son.was•white. The Burris# son is
- r black.. Zd. . ' •; .. .. '.
.47 '93- 255
— .. •' . i• /.•'�;. ••��!• .w+►I.•R• • . •� �. � • �• •w7'f• ;t w.r .! k�f1 � .s�=�.�� Sf .t•'.. •i i•i.. �t • • :�� • .. a ... . .• J ,"' ` ,• ti•'".L" •' yf�A ,_
wc�
for knee injuries. police also struck the daughter, requiring
thirteen stitches to her head. Though there was no evidence of
criminal conduct on the part of any family somber, the police
escalated the situation to the point where all persons in the }
home were assaulted by police officers. Both were charged with
assaulting officers and eventually acquitted by a jury.95
Jody Lee of Indianapolis was taken from his home and beaten
without being told why he was being arrested. it appeared the
police used the physical coercion as an interrogation tool.
I was taken out of my home by a police officer and he
said I was going to be arrested. And I was placed -
under arrest, which I was outside of my door. The
• officer took as out to the car, placed me in the
vehicle, drove me across the street to a parking lot,
asked me -some questions about something that had
happened. I told him I didn't know the peopleC's]
names that were involved. The officer took me out of
the car . . . . Then once they got me out, they threw
me on the ground and started to hit on me, and kick me,
and things. They hit me with the night sticks. The
officer went back to his car and got a stun gun out and _ he had me on the ground and shot as with the stun gun.
This whole time this happened I was handcuffed behind
my back. Then they handcuffed my hands and legs
together and on officer stood in the middle of my back
with his foot. .�.
Mr. Lee was later released and no charges were filed against
him.97
3'
4n June 21, 1991, in North Miami Biach, Willis Kitchell's
grandson was bringing his car home after the car had been
95 Testimony of Judy Davis;•MZAMI BEARINGS, November 13,
1991, at 558-568.
96 Testimony. of .Jody Les, :.Z8tDI71MpOLT8. BSARINGS, December
18, 1991 at 531-532.
97 ate' 440: .. j • . -
..46931. 255 _
repaired. He was stopped by police who asserted the car had been
involved in a burglary, despite the fact that the car had been
garaged for two months. Mr. Mitchell was notified of the mistake
and went to the seen* and told officers that the car had in fact
been in the garage for repairs. The car was impounded by the
police and investigated. Eventually, it was determined that the
car was not involved in any illegal activity. Mr. Mitchell's
grandson then drove the car home.
When he arrived home, a White hispanic police officer was
waiting in an unmarked police car. He jumped out of his car and
confronted Mr. Mitchell's grandson. The officer subsequently
asserted he was going to arrest the grandson and "I'm going to
tow that mother -fucking car in." He pursued the grandson to the
house where he kicked the front door in, gun in hand. other
police officers came to the scene. (A neighbor had -seen several
other police cars in the area and believed the whole episode had
been set up.) once inside the house, four other police officers
held the grandson on the ground while the officer choked him.
Other officers threw the owner of the car, his wife and his
daughter to the ground or against a wall. The whole family was
arrested and taken to the police station.. The grandson was
charged with assault, intimidating'an officer and resisting
arrest. The other family nombsrs were.eharged with obstruction
of justice. The Mitchells testified that they are the third
.49 93- 255
j+' L••„ .•_ '.r• •s .6 tip. :.•«; .� :.f!r� •j. •♦ Yt.ty.•,+t•�•+•.^:�► :• '�:• • •. '
black family in their neighborhood whose front door has been
kicked in by police otficere.98
3.
- Police were Consistently found to use verbal abuse,
disrespectful conduct, and harassment in all types of encounters.
This was the most frequent complaint about police officers in the
various cities. Verbal abuse and harassment have the potential
to occur every time a person is stopped by police officers.
However, its occurrence is also vastly underreported. If the
person is released after such an encounter, there may be no
incentive after the initial feeling of anger has passed to pursue
a complaint against the police. If the person is charged with a
criminal offense, s/he must defend against the perception that
s/he is a criminal and is saying anything against the police to
"get over." The testimony presented leads to the conclusion
that, for the minority community, verbal abuse and barassment by
the police are standard operating procedure. Further, there
appears to be little distinction between the type of abuse and
harassment that occurs during public encounters and•what occurs
in private encounters.. Many citizens testified about the verbal
98 fin Testimony o! Mr. -and Mrs. Willie Mitchell and -
Testimony -of Dorothy.Xohason, 1MIA= HEARINGS November 13, 1991,
at 534-559: ' t
_... , 3:- 25
• -
• 1 .�t•i . .'•j•••t•„•••• .:•i•�•. .a\` t/� j,�`i;: �•'•• �i�.�'•�.•� S..:Vs•;{..: � �; .�• .. ::! r :�• '' `'� . :: 3•.. • a ',' !' ,• si
abuse and harassment they were made to endure in their own
homes.99
Carl Salley testified about the disrespectful conduct that
occurred in his home in Indianapolis, on December 14, 1990. A
black man attempted to come into Xr. Kelley's home without
identifying himself, looking for someone that Mr. Kelley did not
know. Kelley stopped the man before he could get into the house
and told him that the person he was looking for did not live in
this house. It was then that he saw the uniformed police officer
behind the man.100 It turned out the black man was an
undercover police officer and the two officers had the wrong
house. Mr. Kelley's son was not the person the police were
looking for. when they initially tried to enter Mr. Kelley's
home, the police had never even attempted to explain why they
wished to*enter his home. Once the police entered, they found
nothing out of the ordinary, and more, they found they'd made a
mistake. Still, Mr. Kelley did not receive an apology. Instead
he was lectured by the police, who admonished him about his
parenting responsibilities.101
James Foster, a lawyer for'the Lynwood Litigation Team,
recounted to the NAACP the utter disregard the Los Angeles County.
Sheriff's department deputies displayed for city residents.who
n
I
.99 fin; p.a., Testimony of Citizens, INDIANAPCLIS BEARING
December 17, 1991, at 312-532.
100an
. Testimony.. of .Carl Kelley,• •INDIANAPOLIS BEARINGS,
December 17,.1991, at.358-367. ,
55
. •••� .i': . I' •' �" i •� i1=•�,5� •p. �•� _ • ••�' }w�7:.• . Y•• �•. j,L � jjj•~ �. • •� : .pl .r►.. ••t` :'. .�, ♦ .- ���!'4a _
had the misfortune of living in public housing on September 26,
1991. Mr. Foster, -along with twelve other attorneys, filed
- complaints in the Federal District Court on behalf of seventy-
five victims of police misconduct.102 The complaint, filed as
a class action, alleged systematic lawlessness and wanton abuse
of power and widespread harassment by Sheriff's deputies of the
Lynwood station during continuing drug sweeps of the area.
The complaint, "Darren Thomas, at al. against the
County of Los Angeles," described 130 abusive acts,
almost exclusively against African Americans and
Latinos, consisting of unjustified shootings, beatings,
killings and destruction of property by L cod deputy
nY
sheriffs within a span of 104 days. . . .
These acts included at least 69 warrantless harassing
arrests and detentions . . . 31 incidents of excessive
force and unwarranted abuse against handcuffed and
otherwise defenseless detainees, and consisted of
kicking, pushing, striking with flashlights, choking, -
slamming doors on legs, seven ransacking of homes and
businesses, sixteen incidents of outright torture,
meaning interrogations with stun guns, beating victims
into unconsciousness, holding a gun in a victim's mouth _
and pulling the trigger on an empty chamber, quick stop =
driving to bang a victim's head against the screen and
epithets deputies such as niggers and
wetbacks.M
Most of this terrorism, according to Mr. Foster, was caused
by a white supremacist group of deputies out of the Lynwood
substation, called the Vikings.103 Individual or small group
102 JU Testimony of James Foster, WS ANGELES EEARINGS
December 3,. 1991, at•44-45.
_ 103�
104
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racist behavior, however, can not account for such massive
misconduct as that documented by the Lynwood Litigation Team.
Such massive destruction and excessive behavior, in such a short
period of time, implicates not -only those officers directly
involved, but the hierarchy of the police department as well.
Testimony revealed that verbal abuse and harassment did not
diminish in public places where police actions might be witnessed
by others. Police misconduct which occurred in public was no
less shocking than that which occurred in citizens' homes.
In Miami, David Perkins testified that a crowd had gathered
at the scene of an apparent robbery and homicide. The police
already had the area roped off and had control of the situation.
The crowd was not being unruly. For some reason, the police came
out into the crowd and began attacking a young women there. When
others in the crowd complained, the police brought out tear gas
and guns. Rocks and bottles were thrown at the police in return.
When Mr. Perkins asked to speak to a police sergeant on the scans
he was told, "Nigger, get back across the street or also your ass
[is] going to jail.0106
On another occasion, a retired U.S. Army Sergeant, Alexander
Kelly, was watching a non-violent Haitian demonstration in Miami
when he was accosted by•police officers. While he was being held
by the police, one of them said to him, "Oh, you[Ire]. old enough
to remember when we used to beat the chit out of riggers. I want
106 Testimony
of David L. ' Perkins; • KUMI M RRUGS,
1November
138 1991, at 671.
_
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you to stand here, watch how we beat these niggers out
there."107
4.
Often, police misconduct does not and with physical violence
or verbal abuse. Far too frequently, the citizen who has just
been subjected to police abuse is then arrested and charged with
any of a variety of charges. The most common charges are
disorderly conduct, resisting arrest, and assaulting a police
officer. George E. Mins, the President of the Virginia Beach
N.A.A.C.P., testified that, invariably, resisting arrest charges
are filed against a citizen where there is questionable conduct _
by the arresting oflicer.108
• Norfolk Attorney William P. Robinson testified that
_ misdemeanor charges inevitably follow a confrontation with police
officers. In many cases these charges lead to mandatory jail
107 Testimony of Alexander Kelly, MIAMI HEARINGS, November
130 1991, at 680-681, 691-692.
108 fiM Testimony of George E. Mins, President Virginia
Beach NAACP NORFOLK HEARINGS, November 6, 1991, at S. $M also
Testimony of Attorney Cynthia McMurray, HOUSTON HEARINGS,
November 19, 1991, at 176 (whenever she sees someone with cuts_,
-scrapes, or -abrasions,, they are always,charged with resisting
arrest); Testimony of Dr. Willie Williams, MIAMI HEARINGS,
November 13, 1991 at 498; Testimony of Kathleen Worthy, UP -PAC, _-
MIAMI HEARINGS, November 13, 1991, at 479-480 ("Another common
occurrence is the practice of throwing the.book at young black
men where police officers expect a brutality complaint . . .
They beat up the •young: •people,',.then-.charge.-them with an
assortment of crimes . •.:.. Most -times the young people
simply plead guilty,.'under•pressure, and take a short sentence or
probation instead of rin' to -t3Z1al•. ") .
-ia,. �,;, y. ... .:. � � �..st... �. ; wS. �;•�•l:';Y'+.i�' ems; .�:�w'!�.t« �+: i'' �/'4.;.:ti.�'`7,��'!'�=,,I? ♦�.z,�•�.: J.• wK/S'r�!r•...�. .. ••;,.:. n i :v� . ...
time. Many judges find any allegation of Assault on a
police
officer, a frequent charge
� nrge in those circumstances, particularly -
egregious and therefore are likely to more harshly sentence
persons so charged.1-09
While there are no bright lines separating meritorious
charges from those with no merit, there are some factual patterns
which suggest the latter. Routine stops which escalate into
charges against the citizen is one common example. Another is a
citizen charged with assaulting an officer, where the citizen is
injured and the officer is not.110
Many citizens are charged with offenses because they
complain about treatment at the hands of police. The charges
serve to justify the force used by the officers and the injuries_
-- done to the person arrested in anticipation of an investigation.
The charges against citizens also provide leverage and bargaining
power. Many district attorneys will dismiss charges uponwwaiver `-
109Testimony binson, N0RF0LX ZLVft NGs, °
November 6e 1991•at127-28illiam P. Ro
'
r
110 an id Am AIM. Testimony, of Joycs Armstrong; , .]Anatlgan
Civil` Ubertias Union; ST.. =18 ' 12jpMG$, Decambsr 6 3a91 ; at
58-60 (Twenty-two.,
percent of pe>rrons' who wrote to _-tbe: XCW about
Police misconduct alleged. its ury, at tb►o hands, Of •the police {t
either during the arrest or while in `pi�licii atastodyt nii}.e_-
Percent of the complaints involved parsons Who required
attention . as a result of , h .police; :abuse. *Thesis dirftuais "
offset end up , facing `cnazs such as. rosi4t -
is Arms- ttr
interfering with the:* oft er, destruction of Dubuc.
assaulting an officer: ") ZA. at9 • '
•� t • • • • s• � `.• • •• r � r • ♦ .� •• ♦ • • •4'•-«.. •• .� ii:. • w♦Is •j •i► � y•i ,., ., + t y'• M=n�plft'+l - a'C: _
•y •♦• , •• ••.iI�♦wt•M•if�(,vIA}�•�••�♦���:.��•«•1r�.Kf Z.�i.'�•��iR.. isw y�e:j �• �� �`.-~.••��1 �'r'' ri .;' ;� '{'l b.W ny.,..
of civil litigation against the police officer or the police
department.111
Sometimes witnesses to police abuse and up as criminal
defendants. In this way, abusive police officers transform
innocent bystanders into accused persons with an axe to grind.
This was the experience of Verner Lee Shepard of Los Angeles:
On November the 26th, 1991, the Sheriff's Department of
Lynwood responded to a call at my neighbor's house. I
heard some noises outside the window. I got up, looked
out the window. It was after 8 p.m. I was asleep. I
heard a female voice and a male voice, and I saw a
Sheriff deputy hit my neighbor Edward Welcher with a
club. I went outside and confronted two Sheriff's
deputies. Mr. Welcher was handcuffed while the deputy
hit him on his back. I asked, "Why are you -boating the
man." The deputy said, "Get out of our way. Let us do
our job," in foul language. Immediately after, I was
pushed two times by the deputy. I begged the deputy
again to stop beating him. While they had Mr. Welcher
down more Sheriff deputies came up. one of the Sheriff
deputies that came up asked as what happened. When I
mentioned to him that I saw the deputy beat this man,
he immediately grabbed me, threw my hands behind no,
handcuffed as and dragged no over to the car and took
me off to jail, charged me with obstructing a peace
officar d battery, which I never laid a hand on the
deputy.l
Testimony of David Shaheed, President-elect,
Marion County Bar Association, INDIMAPALIS BEARINGS, December
17, 1991, at 136-137 (It is routine practice for defendants to be
asked to sign an agreement not to sue the police in exchange for
the dismissal of criminal charges. -"It's something that's on the
computer, and it's just a matter of printing out the form
changing, the names, and having the defendant sign the
release. ") -: . ,.,- ..; • • • • • •,-. • . .. .. . .
112 Tsstimony'of Verner Lee Shepard,' LOS ANGELES HEARINGS,
December 3, " 1991; -at 3.33. ,
. �9 3`- 2.5 5•'
t
• .. .
g.
Field interrogation cards are supposed to be used by police,
in the course of their iav enforcement duties, to gather
information. Instead, they are often used to gather information
against law-abiding citizens and to later harass them with
it.113 Sometimes police use information gatheredon these
cards to arbitrarily put people in lineups or to pick them up for
"suspicion."114
1•,
113fin Testimony of Michael Graddison, ACLU, INDIMAMLIS.
HEARINGS December 17, 1991, at 164; Testimony of Felicia- -
Rodriquez, MIAMI HEARINGS, -November 121 1991,-at 274-275
(whenever the kids are on the street, the police show up, got out
of their cars, take out paper and write dovn their tames and
• addressee = after the .first time, they come again and do the same.
thing.) . i..
'114 .. • . ,
• • !, •'4f .•,R •••�:•' • t f �':. •: .•'f" f.'�r••:� il'•.MI:ti•.Jj •,,.•• • •:'•.. • .••Ar r-'••,1 ..� , •�
.. .. • r•l' . ,R .. .fir• j•�'�:•. �•' •'•}. .,•1.!• •'.r �•' �.I•. .M t _. _• .i.• -
C. POLICE DEPAi 2="S HAVE ONLY BEGUN TO ADDRESS POLICE ABUSE
AND HAVE FAILED TO TRACK OR DISCLIPLINE OFFICERS WHO ARE
REPEAT OFFENDERS
1.
Representatives of several police departments testified that
they had adopted specific policies and procedures to regulate the
use of force. Police representatives from the Miami, Metro -Dade,
Houston, Virginia Beach and Chesapeake, Virginia police
departments testified that their revised deadly force policies
authorized the use of deadly force in fewer circumstances than
those defined by the laws of their states.115 According to
these police officials, their new policies permit the use of
deadly force only to protect the officer's life or that of
another and/or to stop someone in the commission of a violent
felony.116 Chief Ross testified that in the Miami Police
Department police shootings which result in injury or death are
open for immediate review by the homicide unit, internal affairs,
115 Mw Testimony of Elizabeth Watson, chief of Police,
Houston Police Department, HOUSTON HEARINGS, November 19, 19911,
at 52; Testimony of Metro -Dade Director Fred Taylor, MIAM=
HEARINGS, November- 12,. •1991; • at IDS.; Testimony of Chief Calvin
Ross, Miami Police Department, MIAMI HEARINGS, November 13, 1991,
at 447-448•= Testimony of Chief Ian Shipley, Chesapeake Police
Department, NORFOLK HEARINGS, November 6, 1991, at 80; Testimony
of Chief Charles mail, Virginia Reach Police Department, NORFOLK
HEARINGS, November 6, 1991, at 80. -
116 �• •None'of these -departments provided• sufficient data
to determine :whether. the •use of. -deadly force. has .decreased since
adoption, of. a more •restiictiva policy.. _
.'� . .• {• •.• •:r ft•• •.•• •••. ..i �•. • .-.: • rid.. a.• tt • . •.; �• :�� •. :.•..: •..•�`• •��+,•.��tl:+ • a • • • _
y' l; Ny - i • •a• � �• ~ •I. .t I., •N•.• y •• ••.• . :•t i•• . t 1:.j ••._• i .. • •�' •wt _
the civilian review agency, the State Attorneys office, the
medical examiner's officer, and various police officials.117
Some police and elected officials described new policies
regarding the types of weapons or force which can be used by
police officers. Indianapolis Kayor Hudnut endorsed the use of
chemical repellents as an alternative to deadly force, a practice
instituted by the outgoing Chief of Police.118 The Chief of
the Chesapeake police department testified is had revised the
department's firearms policies to standardize both the type of
firearm used in the department and training in that particular
weapon. He also replaced electric shock weapons and most non-
lethal gases with one chemical agent. Instead of being able to
use weapons like billy clubs, slap sticks, and blackjacks,
officers may use a "baton," but all officers must pass a course
before they are authorized to carry the baton.119 The Long
Beach, California Police Department established a now policy that
requires an officer who uses a carotid artery control to take the
person upon whom it is used to a medical doctor; as a result, the
use of the control was significantly reduced.120
117 M! Testimony of Calvin Ross, MIAMI HEARINGS, November
13, 1991, at.448-449.:
118 $n Testimony of William Hudnut, INDIANApOLIS BEARINGS,
December 17, 1991, at.13.
119 in Testimony of Chief Ian•Shipley, NORFOLK BEARINGS,
November 6, 1991, at.40-42. •• _
120• U Testimony, of • Lawrence L. Binklep, .Chief, Lonq : Beach =
Police Department, LOS ANGELES HEARINGS;•December 4 1�9'l., at $5.
2.
Many police departments have inadequate systems for
detecting patterns of misconduct by individual officers or for
discerning the types of situations in which misconduct most
frequently occurs. citizens in several cities testified that the
majority of the incidents of police brutality involve a minority
of officers.121 Some testified that the same officers engage
in repetitive acts of misconduct against citizens and are known
within the police department,122 yet the department fails to
adequately discipline the officers who commit acts of
brutality.123 A Norfolk witness testified that the officers
who have the problems "oftentimes are not sensitive to African
121 $U Testimony of William P. Robinson, Member of House of
Delegates of the Commonwealth of Virginia, NORFOLK BEARINGS,
November 6, 1991, at 119; Testimony of Joyce Armstrong, ACLU, ST.
L0UIS BEARINGS, December 6, 1991, at 63 (Armstrong testified that
the ACLU does not hear that the whole police department is bad,
but therein a percentage of officers who are regularly involved
in police misuse of force.).
122 iq" Testimony of William P. Robinson NORFOLK HEARINGS
November 6, 1991, at 119, 134-135.
123 Zd. , at - .129 (Robinson t.testified. that there are no
procedures in place that result in a full hearing and
disciplinary -action in cases'of*alleged• misconduct where there '
are no independent witnesses.). -
.. •9 3 -2 5.5
Americans."124 Many citizens and community groups voiced the
need for effective Monitoring and control of officers.
123
Recent surveys of the use of force in particular police
departments have found a concentration of complaints against
certain officers accompanied by a departmental failure to monitor
and discipline those officers. The Christopher Commission report
notes a 1991 survey of excessive or unnecessary force complaints
against Los Angeles police officers during a five and a half
period, which found that 254 of the 1,931 officers complained of
were named in three or more incident reports and represented 308
of the complaints; 47 officers had five or more complaints.126
According to the Christopher commission report, although the
problem officers are well known, they are not adequately
= i disciplined. for example, many of 88 officers who participated —
in a drug raid in 1988, in which "massive damage„ was inflicted
on homes and 127 acts of vandalism carried out, had been
promoted. Even an officer who had been disciplined for making
false statements in a search warrant affidavit was
promoted.127 Although many of the officers with patterns.of
repeated use of force had "similar patterns" in previous years, —
124 fin Testimony of Mary -Redd, Urban League, NORroLK
HEARINGS, November 6, 1991, at 151-152. -
125 ,4A, p,g,,, •Testimony of Kathleen Worthy, UP -PAC, NI MI
HEARINGS, November 13, 1991s, at 485.
126 Christopher Commission Report,. at 37-38 (referring to a
June, 1991;' news series in' th 'ems An
as" Dai x vs) .
25
..-A •�. •SSG(. ,G•R''R'.•tIi�•V =f1/•j.:�r••.�'i'•il.�ijJyl Yj•I �`I.�..pt .�'N'w'i�h'..;. ••`:.S'Y• .% 'i••�"•1.: .•••- •••.t:. •';J"j•�i Ewjh
• • • .. ice:--.
which could not be fully explained by arrest rates or officer
assignments, "no audit or review of patterns of use of force
'
reports appears to have been made by the D."128 Evan some
high ranking officers testified before the Christopher Commission
that the LPD has "failed miserably" in holding supervisors
accountable for excessive force by officers under their
-- command.129
2n Boston, a 1992 investigative news series reported a
— "dramatic increase" in citizen complaints of abuse by officers,
_
from 33 in 1983 to 175 in 1990. The increase was "fueled in
large part by a small number of officars."130 Eleven percent
of all officers were named in 61.54 of the complaints, while two
thirds of all officers had no abuse complaints. Five officers
had been investigated by, the,internal affairs division of the
Boston Police Department 100 times between 1981 and 1990 on
complaints ranging from harassment and verbal abuse to illegal
=
= search, false arrest, and physical abuse. The officers were
cleared by internal affairs in 90 of the investigations and for
the most part received mild reprimands in the remaining cases.
i All of the officers remained on the force in 1992.131 The St.
Clair Commission had previously found a "disturbing pattern. of
128 at 37-38.
229 at 32.
s
130 . "Wave . of • abuse claims. laid •to: &- few officers," THE
-
=�' BOST0N SVNDAy GLOBE, Oct. 4, 19924 at 1, 28.
—� 131
•'
�..,•~'`.�:' •• +', •• y"�t• •. •. •T ail'. •+.. •e�•'�q+• e+T l:,ej .f �.•;i•�K •ti ,'�:e w.•r•.i":• ,''••+ • _
}��,,.
• . . ; .,, • . • j • .. �.� �•: : e .•r a .} •1►t' : : t•.:� •r'• 1.,; � �..: � •Y � , .r � ti:- . .'S, »� f'fj
violence toward citizens by a small number of officers."132
The at. Clair Commission's review of a sample of the internal
affairs.division complaints filed in 1989 and 1990 revealed that
at least half of the officers -complained of had previous
complaints made against them.133 Among those officers who
had previous complaints, the median number of complaints was
3.134 Ten percent of the 134 officers with previous
complaints in the sample cases had more than ten prior
complaints.135
Witnesses at the NAACP hearings testified that the failure
to adequately monitor, as voll as to train and to supervise
officers, can have disastrous consequencas.136 For example,
an attorney for the families of two African Americans fatally
shot by Houston police in two separate incidents testified that
132 Report of the Boston Police Department Hanagement Review
CoMgg, James D. St. Clair, Chair, 1992 [hereinafter St. Clair
Commission Report], at 112.
133 at 110.
134 at 112.
135 at 112..The 13 officers had "generated an incredible
total of 246 prior complaints." •d.
136 The Christopher Commission found that three of the four.
= officers indicted by state authorities in the Rodney King beating
had been the•subject of prior excessive force complaints. one had
been suspended in 1987 for kicking and hitting a Latino suspect
with a baton and was also named in a 1985 excessive force
complaint which was "not sustained" by the UPD. Another officer
was complained of for using excessive force against a handcuffed
suspect in 1986, which was held "not sustained" by the LAPD; this
same officer• has been sued. for breaking a •citizents- are with a
baton. A third officer was suspended.for not reporting his use
of force against a 4uspect 'after• i Vursuit=* the complaint was
"not• sustained. "' Christop er . gc=issicfi Aspo}�t,
✓: 7. .i. ::+ .. •••� ; w. Z/ . •' •,/ ..ii..�.• ..t �'•.;t t%h.••-`•63 v•� t �.,� ''t •, �� � • ,r .t„ • .'. 1•Yy, t. �, fn4
_;... •✓'•,.��, �" t �,•: 4•',+•�: '+at1:•j �••b.•.�'t'•'�i•`':'ti'.+C �.,• : •�.j•�•Io "S ..!'•.`•. ..ljr.t .• • qRt ��.t ' .. •..+ �'.: i•M• ',<'.
the officer in each case had a history of misconduct which had
been ignored. One of the officers had killed three black man in
four years as a patrol officar.2.37 A representative of the
Houston police Department testified about one of these shootings.
Assistant Chief Dotson testified that had a recently established
monitoring system been in place at the time of the shooting, the
officer, who had a history of violent incidents before the
shooting, would have been "identified" and monitored.138
Some police departments have instituted procedures to
establish quality control and to discern patterns of misconduct.
The adequacy and scope of the quality control mechanisms varies
greatly from department to department and ranges from personal
oversight by the Chief or upper echelon officers to sophisticated
systems.
The Metro -Dade Police Department established an "early
warning system" in late 1982, which provides systematic review of
complaints and use of force incidents, with the aim of catching
problems before they become a crisis.139 Quarterly reports
identify officers with two or more personnel complaints or
involvement in three or more use of force incidents in the
137 AM Testimony -of Attornsy'Scott Banos, HOUSTON BEA=G8,
November 19, 1991, at 400-409, 412-413.
138 An -Testimony of Assistant -Chief Dotson, HOUSTON
HEARINGS, November 19, 1991, at 131-135 (Dotson also testified
that the case was no -billed by a grand jury, and the officer was
subsequently. fired, )..... .. ,. ,.
l3.9•gM'Testimony*of Fred•Ttiylor; Director; Metro Dade
Police Department,,. RUM • HEAR;NGS, November,12,' 19910, .at . 86, 114`.
44-1
3- .255
quarter. Annual reports are also made.140 The reports go to
the asnployee's supervisor, who is required to make a detailed
report, which is then reviewed by the Professional Compliance
Bureau. Officers may be referred to psychological services or to
a stress reduction program. supervisors may impose "corrective"
action: counseliriq, discipline or termination.141
The Miami Police Department has a similar early warning
system whereby officers with a certain number of complaints
within a three month period are tracked and monitored. A
sergeant, who is generally the first to receive and review
complaints about an officer's conduct, counsels the officer
individually. If the conduct persists, the officer can be
referred to a consulting firm of psychologists for counseling
_ 1
and/or fitness for duty evaluations.142 According to one of•
the consulting psychologists, the department usually tries to
"treat mental disorders or even burnout . . . to allow that
officer some opportunity for rehabilitation." The consultant
140 The annual report identifies officers named in two or
more quarters, with four or more complaints, seven or more use of
force reports, or two or more shootings in twelve months. Mg
written materials submitted by Metro -Dade Police Department,
MIAMI HEARINGS, November 12-13, 1991. r
141 SM Testimony of Prod Taylor, Director, Metro -Dads
Police Department, MIAMI HEARINGS,. November 12, 1991, at 86, and
written materials submitted by Metro -Dade Police Department. The
number of officers identified in the quarterly reports were 56 in
19828 19 in 1983, 14 in 1984,.37 in.1985, 31 in 1986, 17 in 1987,
27 in 1988, 60 in 1989, 47 in 1990 and 19 in the first half of
1991.
.142 Aft Testimony of -Dr. 'TA=Y Capp, - MUM
KWUNGS
; Y
_ November 3.2, 19911:at 211s:.Testimony of,Calvin
Ross,•Chief,
Miami
Police'Department, MIAMI REAR%NGS,:Ncvember 13,
1991, at 449-450.
a`
l
'• �• i�. •ti:i �. t' p•S .�K ��,r,i•.o 1•,•: +r..�tit. :Ar"...• .. �5 ,�;,•µ•:. �s ..�.+ ,mot '•'V ��'••%�-�.�.
..r.. ' .. 'a•• ,�. :j�:i•`1°i•i' .:'�'1•l':r'..:I` �ittw•i'�'"�:..r �. ••��1t•t..:..�4�•�i '•r mod• �� .r: ..r:
- .:•�� J'.'r'yi
�:
' also testified that it was common for officers to be taken off
the streets and assigned to desk duty while they participate in
counseling. officers say be relieved from duty with pay,
contingent upon participation in treatment. Generally a liaison
monitors the case to ensure compliance by the officer. Officers
who refuse to comply with orders for evaluation or counseling
face disciplinary action, ranging from suspension to
dismissal.143
in April, 1990, the Houston Police Department instituted the
4
Personnel Concerns Program, a similar system for officers with a
"pattern of complaints," but not necessarily definitive findings,
which "cause concern."144 Houston's system automatically
refers officers with certain types and numbers of complaints
within a year=145 the referral triggers a structured one year
training program with monthly monitoring reports to a committees
and to the Chief. The program can compel counseling or
reassignment; if dissatisfied after a year, they can recommend
143 fin Testimony of Dr. l arry Capp, XZAMI HZARINGS,
November 12, 1991, at 230-233 (Capp testified that the
recommendations for treatment are followed by the department, but =
not necessarily by the officers. He sonitors the recommendations
because his firs would generally be•involved in the treatment.).
244 fin Testimony of $lisabeth Watson, Chief of Police,
Houston Police Department, HOUSTON BEARINGS, November 19, 1991,
at S.
145 fin Testimony of .Assistant Chief Jimmy L. Dotson,
RMISTON HEARINGS, November •19,.1991, at 102. ( "(I)f you can
change behavior, you.. can change attitudaeti ."? at 103-
104.
« ,., •..•�•., .'•.• .. •t.•'r+•;l.t jin'•'7..�i :•••• •� �r•• •�S l•,•ti i••YY•• wt .�t'.�t.• ,•.• � �• .••a 4•y''•+,•...4 •N. ,+ �•' •t• H4��•.
.L. ' • r i• •• •,+ A.►•!.:• •. ! �•t7�, L. • •'i. • •I .••'�• `ati '•t.r. ,t ..9 ''.•.+2 \/:C■5• .i '•/ .. i
termination.146 Chief Watson described the program as "quite
successful".147
The hone Beach Police Department established an officer
tracking system to hold officers and their supervisors
accountable for problems in the community, ranging from conflict
of any type to lawsuits, dog bites, and use of force
complaints.148 The department also has a use of force
reporting system that requires an officer to report any use of
force to his sergeant, who must investigate and report the
incident. The lieutenant must also investigate and report the
incident to the bureau chief, who reviews the incident. To
enforce the reporting system, which was met with resistance, the
department had to "audit and control" the syatem.149 Since
19878 the Long Beach police have been monitoring radio
transmissions between officers for racial slurs and
misconduct.150
In the St. Louis County Police Department, it is the Bureau
of Internal Affairs that has the responsibility to "identify
patterns and causes of citizen complaints and administer a
146 at 103-104. : i
147 fift Testimony of Elizabeth Watson, HOUSTON BEARINGS,
November 19, 1991; Chief of Police, at S.
148 SM Testimony of Lawrence L. Hinkley, Chief, Long Beach
Police Department, LOS ANGELES HEARINGS, December 4, 1991, at 65.'
149 ;M. at 66.
,
150 at.67 (Binklay•tentilied
that the audits revealed
• some racial'sluss.and
misconduct, for
which discipline was
initiated.'..
•a•,;:• ;:,; .3r•.'�cr;ti•• t•",r••�':.
f..•.�• ..�•�IS:S;•"'
�r•,..'►;;..�•'t; ••ti:,Y,r'.,..:. .. .4 •.,..
,
31—
,r
•
counseling program to prevent similar complaints."151 The
Chief of the St. Louis Metropolitan Police Department testified
that his department's system consists of a job performanee review
process that tries to analyze.data regarding police shootings,
citizen complaints, and resisting arrest oases. The officer and
the officer's commanding officer are brought in and counseled.
It the reviewing officials think the officer has a problem, the
officer receives training, counseling, or is removed. The Chief
testified, however, that he was not convinced the current system
was adequate.153
in the Norfolk police department, the Chief of Operations
testified that he personally monitors all officers who use force
in his bureau to find the officers who use a lot of fo*rce.153
The Major testified that if his department, in the course of
investigating an officer for misconduct, determines that another
officer failed to report the misconduct, the non -reporting
officers is also disciplined. His department makes use of
polygraphs in such situations.154
151 Ul Testimony of Major Dennis R. Long, St. Louis County
Police department, ST. LOUIS mmRINGS, December 6, 1991, at 12
(There was no testimony as to how internal affairs identified
patterns of abuse, the -numbers of officers so identified, nor the
actions taken by internal affairs -regarding those officers.).
152 an Testimony of Clarence Harmon, ST.- LOUIS HEARINGS,_,
December 61 1991, at 53.
153 fin Testimony of Mafor.Shildcn Darden, NORFOLR BEARINGS,
November 6, 1991, at 61. •
254,at 91-92'. :.. :.
_- � t' ,•1 ••�: . ,..L ,MM :���•t �: •4�••',•.��.5 ...��.:••Ijt �,'1Si. :•� li..'/'rtf•. •�'.: "t •�,, •t r•ti .i:w• .i�, � .t�.�•I rs �
• e. ti•l• :t t•,••.,f• «� .r.�.�•::��.�1• _: A. .I.•.•�. .r S. I: S•�M s�6• .��. •�.,.. S•�.IS .? • s *.
• 93, 255
A number.of police departments have established stress
management programs as part of their mechanisms for detecting
patterns of misconduct. In Chesapeake, Virginia, the police
department provides supervisors with *stress profiles" to educate
them on how to recognize signs of increasing stress. Supervisors
can compel an officer to participate in the "employees assistance
program" when the employee shows signs of stress.155
Similarly, a representative of the Virginia Beach Police
Department testified that they were in the process of training
all supervisors to recognize signs of stress. This department
also has an employee assistance programs to which officers are
sent for counseling "after bad incidents.w156
In the Miami Police Department, officers may be referred to
outside "law enforcement psychologists," who contract with the
department to provide, among other things, employment services to
officers experiencing psychological problems as a result of their
jobs. The psychologists also provide stress management training
as part of the employee assistance program. If officers
experience particularly traumatic or stressful incidents, the
psychologists provide "post -traumatic counseling" or "critical
incident debriefing" to officers.157 A6y officer who
155 An Testimony of Chief Ian Shipley, NORrom HEARINGS,
November 61 1991, at 84.
156 JU Testimony of Chief Charles hall, NORFOLX ffiARINGS,
November 6, 1991,. at . 85.
• .137 A . Testimony -.of : Dr. Larry CaPp, MIAMI HEARINGS, .
t November 12, 1991, at 207-208. • _
a.. �~, �.. 1 •?+: • •�•.• .�: ,1• •T.• '�• I'}t� .. ad+. + .. t� ;•�.•� •h.t:;S tt c. •i•. tt,l;, * ^, •+ • i,_ '• �
•
discharges a weapon, whether or not it results in injury or
death, must sat the consulting psychologist before he/she can
return to street patrol. According to one of the consulting
psychologist&, discharge of &•firearm say be an indication of a
problem that should be addressed in the police department.158
There are limitations in some departments on the
disciplinary actions the chief can take against officers. In
Houston, state law allows termination decisions to be appealed to
outside arbitrators, who reversed 604 of former Chief Brownts
terminations.159 Efforts by the City Council and 41 other
cities to overturn the law were unsuccessful.160 In
Indianapolis, state law also limits the authority of the Chief of
Police to discipline officers.161 In Virginia Beach, police
officers can appeal disciplinary actions first to the city
manager, then to a board of civilians authorized to review the
156 Id. at 237-238.
- 159 LU Testimony of Dr. Ran O'Korie, Secretary of the Board
of Directors, Nigerian Foundation, HOUSTON BEARINGS, November 19,
1991, at 351-357 (O'Korie described the fatal shooting of a
- Nigerian man by an officer who was then suspended by the Chief,
_
reinstated by an arbitrator, and no billed by a grand jury);
Testimony of Ada Edwards, Chair, Delaney/Guillum Justice
Committee, at 359-361 (Edwards testified that 60% of all
_
disciplinary actions taken against Houston officers, by the city
or chief, have been overturned.by the arbi#ration•system.).-
160 SM Testimony of Cathryn Whitmire, Mayor, HOUSTON
HEARINGS, November 19, 1991, at 20.
161 fiM Testimony of Sam Jones, Urban League, INDIANAPOLIS
= HEARINGS, December 17, 1991, at.174,•.and Testimony of William
Hudnut, Mayor, INDIANAPOLIS HEARINGS, December 17, 1991, at 20.
-
Hudnut also. testified: the,'Fraternal;.Order• of... Police also protects
officers from disciplinary action. Zd.
.. • •••'••{' ••S•M i t, •iy..Mi•i .r 1 J �d'5,..T S,•r�) ;��' "�••F• �'l `•fY �•�' •.••��� t.^.i ti/y.:.j•r •i . • t� • •••:.i • •Ii f �, a .: r•' ; ••, •' •
�-
chiefs decisions, and then to a court. The Chief of the
Virginia Beach Police Department testified that on two occasions
in which he had recommended dismissal, the board returned the
officer to the street.162
D. CIVILIANS SELDOM PREVAIL IN COMPLAINTS AGAINST POLICE
OFFICERS
1.
citizens and representatives of community organizations at
each of the hearings testified.that many people are afraid to
coma forward to complain about police misconduct or to testify
against officers.163 There was testimony in several cities
that African Americans in particular complain within the African
American community, but often do not file formal complaints with
their local police departments.164
162 A4 Testimony of Chief Charles Wall, Virginia Beach
Police Department, NORFOLK BEARINGS, November 6, 1991,'at 66.
163.Anl e.c., Testimony of Rev. Rodney Dean, NAACP, ST.
LOUIS HEARINGS, December 6, 1991, at 77: Testimony of James
Beauford, Urban League, Metropolitan St. Louis, ST. LOUIB
Hearings, December 6, 1991, at 45; Testimony of Ernest fields,
ST. LOUIS HEARINGS, December 6; 19911F at 92 (Fields, an
uninvolved witness to the beating of a young black man, described
the young man's fears "We talked with the guy. The guy himself
was afraid to go in and file a complaint.")
164, Testimony of Mary Redd, Urban League,.NORFOLK
HEARINGS, November 6, 1991, at 71 Testimony of George Z. Minno
President; -Virginia Heaah 'NAACP; • XORFOLR MCUUINGS, November 6,
1991,. ;at, 7.1' Tostimony o3"Y Walker;. ]kfrican-American. Police
• Officers League; HOUSTON BLARYNGSR'Novimbsr 20, 1991, at 100
+ S' lrS.r '•...i •.r •. k �i=� e.•6 +:5�..� f •�.�. J•, � ..• . ...vv�.2..4 � + . rKd ,. S, a :.
Some citizens fear a complaint will result in retaliation
by the police, ranging from harassment to the institution of
criminal aharges.165 Witnesses to and victims of police
misconduct fear they will be arrested if they complain about the
police.166 In Indianapolis, an African American man described
his fear of complaining to the police about misconduct:
I'm scared to do it. I want to do it but its scared to
do it because I have to live out there. . . . And I'm
afraid, not so much for myself, but for my children.
They go to school. . . . And I'm scared that, you
know, the liceman may try to harass my
children.l��
(Brutality complaints come from all types of people, but
minorities are less likely to report them); Testimony of James
Beauford, Urban League, ST. LOUIS HEARINGS, December 68, 1991, at
36 ("We find that formal complaints are low. But verbal or
informal complaints are higher than should be."); Testimony of
Dorothy Johnson, MIAMI HEARINGS, November 13, 1991, at 535
("Many of the individuals complain to each other but very few
make formal complaints.").
165 JU, e.g.# Testimony of James Beauford, Urban League, _
ST. LOUIS HEARINGS, December 6, 1991, at 45 ("I think . . . [the
average African American or minority citizen doesn't] know how to
[file a complaint] and I think they are afraid to."); Testimony
of Johnny Mats, League of United Latin American Citizens, HOUSTON
HEARINGS, November 19, 1991, at 181 ("[I]f someone has filed a
complaint, then there [are] additional charges filed on those
individuals . . . there's also that intimidation, that if you -.
file a complaint, you're going to pay the price. And even Etc]
the extent that some of these people, when they hit the street
again, they're going to be in trouble.
166 LU, A,a,, Testimony of Wanda Gonzalez, MIAKI �tEARINGB, -
November 12, 1991,.at 30x-303'("[T]hey [are] scared because the
thing is they are threatening them if they come over here or if
they go to internal affairs, they [are] going to be busted and
that is what they have been doing.").
167 Testimony of Rev. James P. Smith, INDIANAPOLIS BEARINGS,
December 18, 1991,: at 514. , (Rev..8mith.-tastified .that he had gone
to pick up his daughter and her friends from a teenage club and
found' twenty • to • thirty. •sheriff's • departmint . units ..on the
premises. As he waited for his dauq#ter, police approached him
. 93-
255
citizens also fear that the police will be unresponsive to
any complaint of aisconduct.168 When the president of the
Houston Urban League advises victims of police misconduct to file
complaints, she is often told.it would be a waste of time; people
generally believe "the police will be protected at all -
costs.0169 A St: Louis man described the attitude in his
community toward filing complaints of police misconduct: "when
you start to discuss the [sic] matters like this with individuals
and told him to leave. When he explained why he was there, an
officer told him if he did not leave they would physically remove
him. Other officers came behind his to enforce the order to
leave.). ,A. at 490-494, 508-514.
168 Lft, et,-m.�t Testimony of James Beauford, Chief Executive
Officer of the Urban League of Metropolitan St. Louis, ST. LOVIS
HEARINGS, December 6, 1991, at 36, 45; Testimony of Helen Gros,
Director of Texas ACLU, HOUSTON HEARINGS, November 19, 19911, at
158 ("It takes a tremendous force of will,, and an ability to.
overcome fear, for the average citizen to confront members of the
police force, on their own turf, the Internal Affairs _
Department.")t Testimony of Johnny Mata, League of United Latin
American Citizens, HOUSTON HEARINGS, November 19, 1991, at 180;
Testimony'of William P. Robinson, Member, House of Delegates,
Commonwealth of Virginia, NORFOLK HEARINGS, November 6, 1991, at
122 (There is a perception in the community that " . . . even if
you complain, nothing's going to happen.").
169 Testimony of Sylvia Brooks, HOUSTON BEARINGS, November
19, 1991, at 177 ("when they -are told that what they mot do now
is write a letter, is sake a personal appearance to the Internal
Affairs Department, only a small percentage of.the . . . people
that I speak with on the%telephone, can even envision that as a
possibility, and . . . Y am sure that they consider their phone
call to my office disheartening, discouraging, and what would f
appear to be'to.set insurmountable barriers for them being able
to take their -complaint any further than that 'telephone call.")t -
Testimony. of: Bolen. Gros;: -Director, •.Taxas•: ACLQ,. • November 19, 19910,
{ at197.. .
. .. •e: Ki �ot�;S•, �' �+•�i►.�t`�i t''�C 'Jai'K+'J•4�T�%•=i.•"'Y�lltw'L.{•�t1
�!� �_ .• •/ • rE;
. - .. . t .•�. �f• • r•. it • .. .J' % .l.
• . �,0
in my neighborhood, they feel like there is not going to be
anything done about it, so why raise the issue."170
Citizens also feel that they are not listened to and that
the police do not have an open -mind about investigating citizen
complaints.171 There is a widespread belief that, even if the
victim of abuse is not criminally charged, the police will
question the victim's credibility simply because he/she is
complaining against a police officer. The president of a local
chapter of the NAACP in Missouri described the community's lack
of faith in police complaint processes bluntly: "[T]here is a
complaint process. . . . But if I may use this scenario to
describe it to you, it's like me being a black man complaining to
the Grand Wizard that a Klu Klux Klan member hit me."172 Even
170 Testimony of Ernest Fields, Sr., ST. LOUIS BEARINGS,
December 6, 1991, at 93.
171� 4.Q., Testimony of Nary May Dixon, HOUSTON
BEARINGS, November 20, 1991, at 367-351, 420 (Ms. Dixon, a
Houston woman whose son was shot by police while allegedly _
driving a stolen car, described insensitive and rude treatment by
the police, and said she had no confidence that Houston's IAD
would give her complaint serious consideration.); Testimony of
Michael Gensen, HOUSTON HEARINGS, November 19, 1991, at 4221
Testimony of Deborah Gordon, HIM HEADINGS, November 13, 1991, .
at 699 (Ns. Gordon, an African American woman whose son had been -
shot and killed by the police, was asked if she felt there was
anywhere she could go to express concern -about her saints
mistreatment, and'replieds. "[T]hat's why I'm glad I had an,
= opportunity to be • here to say because I don't ]snow vho to go to,
who I could go to. Can't qo to any of the officers. Can't go to
them. They will believe him before they believe me. You know
that's just another nigger."}; Testimony of Judy Steen Davis, at
565 (would advise anyone against going to internal affairs as it
only serves to "perpetuate the police officer's agenda.").
172 Testimony of Rev. Bobby Dian,. President of NAACP
- chapter, .Poplar 'Bluff r .Missouri; ' ST:.,. IAUIS KZ&RSNGS, 'December 6,
1991, at 72. ;
• "" ..93-- 255 '
some police officials testified that, although they believe the
community to be aware of the complaint process, citizens often
have little confidence in the police complaint process.173
Some victims of police abuse report incidents to community
organizations in the hope that the organizations can do something
on a more global basis, rather than pressing their own cases with
the police departments.Z74 For example, of 21 complaints
provided to the Miami -Dade branch of the NAACP during a 20-month
period, 11 of which involved excessive force, only two
complainants were willing to come forward and provide sufficient
evidence to allow the NAACP to pursue the complaint with the
police department.175
173 , p, q., Testimony of Clarence Harmon, Chief of
Police, St. Louis Metropolitan Police Department, ST. LOUIS
HEARINGS, December 6, 1991, at 49 ("1 see [the complaint
process] working fairly well. I'm not satisfied that it has the
broadest reception, particularly in the African American
community and as to their belief that they can receive adequate
redress or involvement in the process."); Testimony of Elizabeth
Watson, Chief of Police, Houston Police Department, HOUSTON
HEARINGS, November 19, 1991, at 24 (Watson testified that she
believes most citizens are aware of the complaint process, but "I
believe . . . that there is a lack of confidence in the process,
particularly with regard to black citizens.").
174 IMF 24Sxj Testimony of'David Nonig, General Counsel,
Miami -Dade branch,. NAACP, MIAMI HEARINGS, November 12, 1991, at
175.
175 at 171-175. The Miami -Dads branch had received 75
complaints of police misconduct during this period, of which 21
were made by persons who gave their names and sufficient details
to determine the complaints were "justified" and should be
investigated. In the two cases.prasented.to the -police, the
complaints were not resolved -successfully; the police departments
— took -%the . inforaiation4nd '`fiver CChta:Ctsd. the 'MAACP to respond to
_ the allegations...
r .. 93— 255 •'
because of the fear of coming forward, the number of
official complaints made to the police is a small fraction of the
number of citizens who have been the victims of police abuse.
Even community and legal organisations which assist citizens with
filing complaints or law suits alleging police misconduct hear
about only a relatively small portion of the incidents of
misconduct.176
2.
Those who are willing to file complaints alleging police
misconduct face a number of impediments. Elected officials, as
well as citizens and representatives from community
organizations, testified that many persons do not know what
complaint systems are available to them, even though the major
urban police departments have formalized citizen complaint
procedures.177
176 MM ig, at 175 ("Most instances of police misconduct are
never reported to the NAACP.").
177 S"t fig, Testimony of Reverend Joseph Green, Vice-
Mayor, City of Norfolk, NORFOLK HEARINGS, November 6, 1991, at 28
("There is a formalised complaint systems within the police
department . . . but the citizens[sic].who calls is not aware of
it."); Testimony of Mary Redd, Urban League, NORFOLK BEARINGS, -
November 6, 1991, at 180; Testimony of Ns. White, NORFOLK =
BEARINGS, November 6, 1991, at 181; Testimony of George E. Mins,
President, Virginia Beach Nl U�iACP, NORFOLK HEMUNGS, November 5,
1991, at 181. In contrast,:some police officials testified they -
believed mnost*eiti$em' know they can call and file a complaint. `-
an • a- , "Testimony, of. , ajar Dann4s lt: Loizg, 8t. Louis County
Police Department, 6T. WUIS BEARINGS, December 6, 1991, at 29.
• • . 93- 255
Az
Police department representatives described the procedures
in their departments for taking complaints from citizens. in
most departments complaints can be made at any police
station.178 Some departments -have rules which require any —
officer who receives a complaint to explain the complaint process
and to assist the complainant in filing the complaint.179
Some police officials testified their department has a written
pamphlet explaining the citizen complaint process.180
178 AM• m-g...f Testimony of Chief Charles mall, Virginia
Beach Police Department, NORF'OLK HEARINGS, November 6, 1991, at
48 (Complaints,may be made to a supervisor at any precinct, and
complainants may also call a 24 hour hotline or an emergency
number); Testimony of Elizabeth Watson, Chief of Police, Houston
Police Department, HOUSTON BEARINGS, November 19, 1991, at 24-25
(Watson testified that a complaint can be filed at any police
facility. "Any supervisor, anywhere, even an officer, is
required to make known, any allegation of misconduct that is
presented to him by a citizen."). •
179 "a• .g.., Testimony of Major Dennis R. Long,•St. Louis
County Police Department, ST. LOUIS HEARINGS, December 6, 1991,
at 24; Testimony of Clarence Fisher, Missouri State Highway
Patrol, ST. LOUIS HEARINGS, December 6, 1991, at-30 ("[I]f they
ask an,officer, they'll be instructed how to file a complaint.");
Testimony of.Coionel William X. Young, St. Louis Black Leadership
Round Table, ST. LOWS HEARINGS, December 6, 1991, at 69-70
(testified that'officers of the at. Louis Police Department do
not have the authority to reject a complaint; official -policy of
the department is to receive and process every complaint).
180ILU
�:� Testimony of Clarence Fisher, Superintendent,
Missouri State Highway Patrol, ST. LOUIS,HEAHINGS, December'G,
1991, at 23 (Fisher testified -that a pamphlet is sent to anyone
who calls about a,aomplaiat);.Testimony, of Clarence Harmon,; Chief
of•Polica,:St::.Louis:Metsogolitan police pepartment 'ST. LOUIS
HEARINGS,:December 6,,.1991s;at 50.,
Yet many citizens do not know wharel9l or how to file a
complaint182 or what the complaint process is.183 In areas
with multiple law enforcement agencies, people face the initial
obstacle of
properly identifying the police agency
involved.184 Smaller municipal police departments may not
have formal, defined complaint procedures, but rather informal
ones, such as coming in and talking to the police chief. Such an
informal mechanism is often unknown to or intimidating to
potential complainants.185
Some police officials testified that citizens may not be
aware of the complaint process. For example, the new Chief of
181 AM, e.g:, Testimony of Helen Gros, Director, Texas
ACLU, HOUSTON HEARINGS, November 19, 1991, at 1971 Testimony of
Sylvia Brooks, President, Houston Urban League, HOUSTON BEARINGS,
November 19, 1991, at 178.
182 ,m, e.c., Testimony of Joseph Johnson, INDIANAPOLIS
HEARINGS, December 17, 1991, at 408; Testimony of Joyce
Armstrong, ACLU, ST. LOUIS HEARINGS, December 6, 1991, at 62;
Testimony of James Beauford, Urban League, ST. LOUIS HEARINGS,
December 6, 1991, at 45; Testimony of John Williams, MIAMI
HEARINGS, December 12, 19918 at 162.
183 an. 0.5[o., Testimony of Sylvia Brooks, President.of
Houston Urban League, HOUSTAN HEARINGS, November 17, 1991, at
177-178 ("I would think most people don't know exactly what to
[do) when they want to make a complaint.")' Testimony of Helen
Gros, ACLU, HOUSTON BEARINGS, November 19, 1991, at 178 ("Ky
experience is that the general citizens who call my office do not
have a clue ,.that there is as Internal.Affairs Division .
.")a Testimony of Elutero Roman, MIAMI BEARINGS, November 12,
- 1991, at 316.
184 $,¢A, .a.., Testimony of Rev. Willie Simmons, Natre-Dade
Community Affairs, Black Affairs Program, HIM HEARINGS,
November 23., 1991, at 63.
185.: � :ems` •' .T4kstiidi ny�'Of� •Joycmr`.Armstto
HEARINGS ?zSi'i
, December 6, �1991, at ,62.
'* • .i •..•;¢ .':r• •fie . � f:�`•,•:e; •:.: •.:� ..ii$ - ..1 • �' •• •• • ;•.
ACLU; ' ST. LOUIS
the St. Louis Metropolitan police Department testified, "bur
problem is making (the complaint process] known and likely you
are going to bear . . . complaints that people donIt know about
the process as to what it consists] of . . . .0186
3.
Many people reported that their attempts to file a
complaint of misconduct are discouraged by the police
departments.187 The police may actively resist the filing of the
complaint by denying the complaint then and there or by harassing
the prospective complainant.188
The police discourage complaints by threatening to file or
by filing criminal charges or civil lawsuits against victims of
police misconduct. As described above, the victims of police
misconduct, particularly the victims of the improper use of
force, are frequently charged with criminal offenses ranging from
i86 Testimony of Clarence Harmon, ST. WUIS HEARINGS,
December 6, 1991, at So.
167 The Christopher Commission contacted a sample of former
- complainants, and'found that both those whose complaints had been
"=
= ' sustained and those whose complaints•had been "not sustained"
reported they had been discouraged or intimidated from making-
complaints. Christopher Commission Report, at 158-159.
- lee AU. R:9.3.1 Testimony of George H. Ming President,
Virginia Beach NAACP, NORPOLK HEARINGS, November 6, 1991, at 8.
The Christo-her Commission.found that some officers recorded
complaints iri daily iQgs rathi= than on the official • Taint
forms ,which .generate investilatUms.' Christopher Comdiss or. '
Report,,'at 159.
'i'
_
. __-
disorderly conduct and destruction of property to assault on an -
officer and resisting arrest.l69
Thus, they are not only brutalised but also forced to
confront the dangers of being prosecuted, of having a criminal
record, and of possibly being imprisoned. These dangers divert
victims' attention from pursuing complaints by making them use
their limited resources to post bail and/or to hire an attorney.
The experience of one St. Louis man is an example of the practice
and consequences of criminally charging victims of police abuse.
The man was stopped for speeding, and was then jailed, beaten,
and charged with assault. He had to use his savings for bail and
a defense attorney. while his injuries kept him in the hospital
for more than a month, his wife tried to file a complaint with
Internal Affairs. She was discpuraged by the police chief, who
told bar that he stood behind, and believed his officer. The
victim of the abuse was made to feel there was no use in filing a
complaint with the police.190 _
The use of criminal charges to dater complaints of police
misconduct is not limited to the incident itself. Criminal
charges have been brought against citizens in connection with
making a complaint. witnesses at•the Norfolk hearings recounted
how an NAACP attorney was arrested and prosecuted for trespass
when he went to the police station to file a complaint about
189 fiM discussion of itstaliatory Practices of the Police,
infra at pp.. 86-58, Finding 34.
• • -• •.t•.• ••. { • yj •.till.} • •+t•.• •.• • • . .�: •.. -
190 Am. Testimony of. Zawrence;Gravea; ST. LOUIS BEARINGS,
December 6, 1991,•at 90-94.
r
d
—
police misconduct towards an NAACP observer at a major
disturbance in Virginia Seach.191 In Houston, a community
activist was charged with making a false, sworn statement in the
course of an internal affairs -complaint. An ACLU attorney
testified that the indictment had had a "chilling effect on the
general citizens' willingness to make formal complaints regarding
police misconduct."192
Prosecution of a citizen for statements made in the course
of a police investigation of citizen complaints sends a powerful
message to the community. Added to the fear of police
retaliation and harassment is the message that the criminal
y justice system - not just the police, but also judges and
prosecutors - will side with the police when citizens complain
about mistreatment. Prosecution of a prominent citizen
broadcasts the risk of prosecution to the entire community.
The prosecution of citizens in these cases stands in stark
contrast to the silent acceptance of police perjury in court and
in connection with internal investigations of civilian
complaints. Far too frequently, citizens, attorneys, judges, and
prosecutors encounter officers who lie under oath - officers who
191 fiM Testimony of George Z. Mina, President, Virginia
Beach NAACP, NORFOLK BEARINGS, November 6, 1991, at 7 (14ins
testified that the NAACP observer had been attacked by the
police, handcuffed on the ground and attacked by police dogs);
Testimony of Bernard T. Holmes, Legal Counsel, Virginia Beach
NAACP, NORFOLK HEARINGS, November 6, 1991, at 58-73.
192 Am Testimony . of .Bolan: Gros, Texas ACLUs, HOUSTON.
HEARINGS, November 19, 1991, at157-139 (The woman indicted was m,
well-known community. activist who•'had..had.,prior public
• disagreaments•with the officer involved.).
- • _ :{I •+ f; •'.. i••.rM1'• •� \�•i„• . ••I t• .'Swt•fltt •:� ,!'..:.•'►r i. :°-+•. i �� I •4',
feel that embellishing and distorting testimony is part of the
adversary process. Far too many officers lie with impunity about
the conduct of a defendant, about what they were able to observe,
and about whether proper procedures were followed. However,
prosecutions of officers for perjury are extremely rare. This
may be because prosecutors must work with police officers and do
not want to antagonize their prosecutorial partners. It may be
that civilian and police witnesses provide conflicting accounts
of events and the prosecutor does not foresee a successful
prosecution. It maybe that none of us wants to believe that
police officers commit perjury.
The truth is that police officers are protected and
civilians are not. Imposing a different and higher standard for '
citizens who complain of.police misconduct only serves to fuel
the perception that the word of a citizen is not believed and
leads to a greater sense of powerlessness and injustice,
especially in the minority community.193
Some -police officers use the $great of criminal charges to
discourage the filing of a complaint against an officer and to
intimidate the complainant. The threat may be explicit or
implicit; it may relate to the underlying incident or to making a
complaint. For example, a St. Louis woman testified that she
went to the police station to complain about being beaten outside
her home; her brother had also been beaten and had been charged
with resisting arrest (he.was.later•acquitted) h sergeant told _
A
her that he had told a lieutenant that she should be arrested for
"interference." An officer told her to read something posted on
the wall, which described the penalties for making a false
complaint.. The woman testified she felt he was trying to Nput
fear into her" and discourage her from filing the
complaint.194
Similarly, citizens are discouraged from filing complaints
when police threaten to sue them civilly if they complain of
police misconduct. Finding themselves in a position of
considerable inequality in resources and power, they are often
unwilling to run the risk of filing a complaint against the
police. Joyce Armstrong of the St. Louis ACLU testified that
.= people who went to the police to report abuse were reminded that
�. they could be sued if they put anything "wrong" in their
statements. As'a result, the complainants wavered in their
determination to file compiaints.195
-In some police departments there is evidence of increasingly
aggressive police action against complainants. An Indianapolis
lawyer testified that the police have been bringing SLAPP suits
Strategic Lawsuits Against Public Participation. For example,
when many people in the community openly challenged three police
shootings and the investigation of the incidents, one of the
citizens who questioned the police was "sued for essentially
j=
i
_t
194 AM Testimony of Joanne Moody, ST. LOUIS REAMGS, �=
December-
195 M ; Taitimc�i�y� :'of J ce l�t7e'stroisg,; ST. LCIIIS 8E71R3NGS s
_ December 6,. 1991-, at 62. .' .
saying that he felt there was a cover-up."196 The Boston
Police Patrolmen's Association has announced it is planning to
file libel lawsuits against citizens who have "made false
allegations against officerrs.497 The. Christopher Commission
found that some complainants were threatened by the LAPD with
defamation suits'or referrals to the Immigration and
Naturalization Service.198
The police also discourage the filing of complaints in more
indirect ways. They act uninterested in a citizen's story,199
or they hide behind a stony, bureaucratic proceduralism.
Sometimes complainants are advised, often contrary to police
department regulations, that there are steps the department must - —
complete before they even speak with the complainant.200
Othertimes, they put off the complainants until a later
196 Testimony of David Shaheed, President -Elect, Marion _
County Bar Association, INDIANAPOLIS HEARINGS, December 17, 1991, at 133-134 (Shaheed testified that the incidents were the
shooting of a woman by two polies officers who were trying to _—
disarm her of a steak knife, the shooting of a young man after he
was stopped for "riding his bicycle erratically", and the alleged
suicide of a juvenile while handcuffed in the back seat of a
police car.).
197 "Roache seeks study of new panel's rules," THE BOSTON
GLOBE, June 27, 1992, at 18.
198 Christopher Commission Report, at 158.
199 fin S.Lg�, Testimony of David Honig, MIAMI HEARINGS,
November 12, 1991, at 179; Testimony of Deborah Gordon, MIAMI HEARINGS, November 13, 1991, at 699. {
200 e•e•, Testimony of Mrs. Mitchell, HIM HEARINGS,
December 13, 1991, at.SSS.(Mrs. Mitchell,testified that the -
police department said it would contact her later and that it
needed- to inv oiltigate : the . polio ' department before taking her
complaint.). -
-93_. 255 -
t:'
unspecified time. 301 "Dons t call us, wo o ll call you" is the
message too many citizens receive.202 The testimony of a Los
Angeles witness exemplifies many of these problems:
And then I filed a complaint. I went to the North
Lewis Division, and I got information on how to
file a complaint. And than he laughed, "Oh the
Airport Division. Yeah, I know them, and they are -
good guys up there.* well, Ilm here to file a
complaint. Oh, •a complaint, and they tried to
give me the run around and I tried to file a
complaint for maybe a week, 2gd after that I left
it alone and gave up on it.
Complainants are also intimidated by police departments
having them sign an agreement not to discuss the case with anyone
also, including the news media.204 That the signature may be
requested and not required is not readily understood by .citizens.
201 IM, e.a,, Testimony of Bernard T. Holmes, Legal
Counsel, Virginia Beach NAACP, NORFOLK HEARINGS, November 6,
` 1991, at 69-71 (Holmes recounted how, following a major incident _
in 1989 involving students in Virginia Beach, police either -
refused to take complaints or discouraged them by telling
complainants to come back next weeks since most complainants were
students and school was not than in session, few formal -
complaints were filed.).
202 An e.g., Testimony of David Honig, HIM HEARINGS,
November 12, 1991, at 179.
The Christopher Commission found that .intake officers in the _
LAPD discouraged filing complaints by being uncooperative and by
_ requiring long waits to complete the complaint forms and that -
there were no Spanish speaking officers to take complaints in
areas with large Latino populations. Christopher Commission _
Report, at lb$. `=
203 Testimony of Vincent Calhoun, LOS ANGELES HEARINGS, 4
December 3, 1991, at 139.
204 &Ml S.Lgj., Testimony of Jeanette Amadeo, KIAMI EEARINGS,
November 13, 19918 at 6881 Testimony of Judy Steen Davis, HIM
HEARINGS, November .13, 1991,. at $.63. ("When. you go before the .
. Police Department and you make a claim..... . they place a gag
order on.you.so that you can *t'speak•publicly.about.,it: They
- r don't want you saying things-").
That such a document is an infringement upon citiZenst First
' 1
Amendment rights is beyond the grasp of most people. In soee -'
localities, the filing of a complaint precludes other
governmental agencies from investigating the complaint.2O5 =
Police discourage witnesses as well as victims from
complaining of police misconduct. witnesses testified that the
police essentially treated them as if they, like the victims,
were unworthy of belief and worse, somehow blameworthy
themselves. For example, a black man who called the police after
seeing a young black man beaten by white police officers in a St.
Louis parking lot was asked numerous questions about himself.
"[W]e got into an argument because I tried to explain to him that
I thought he should take a look,at it and he just argued with _
me."206 The witness was told that, as a more witness, he
could not file a complaints rather, he would have to come into
the station with the victim himself. Be testified, "[T]hey
discouraged me so until I just decided not to say anything else
about it."207 Describing how he felt after trying to get the
police to investigate the beating, he said the way they had
treated him " made me feel like a nobody.w2O8 _
205 Testimony of Dr. Willie Simmons, Metro -Dade
community Affairs, Black Affairs Program, MIAMI BEARINGS, —
November 12, 1991, at 65-66.
206 AM Testimony of Ernest Fields, ST. LOUIS BEARINGS, (-
December 6, 1991, at 92.
207 at
.. .. ,i' ,. .'r. t.r• •. •�' a f. .• .. .. �i
' 208 at 89. ' _..
4.
Citizens and representatives of community organizations in
each city described numerous deficiencies in the internal police
complaint processes, ranging from the initiation stage to the
results of the police investigations.209 Many people
altogether rejected the notion that police can police themselves.
A lawyer and member of the Virginia House of Delegates testified
that the internal affairs process of handling complaints has been
ineffective.210 A member of the Urban League in Norfolk
testified that internal affairs is "really not the answer to
solving the problems" of police misconduct.211
r Police practices not only discourage the filing of
complaints, but they also limit the evidence uncovered in
investigations and shape the way in which evidence is considered. _
They frequently operate to unfairly skew the outcome of police —
investigations of citizen complaints in favor of the police
officers. Such practices range from limiting or controlling the
evidence gathered in investigations to characterizing what
209 The Christopher Commission found the greatest number of
adverse complaints about the LAPD concerned the handling of
complaints against LAPD officers, particularly those involving
the excessive use of force. Christopher Commission Report, at
153.
210 fiM Testimony of William P. Robinson, NORFOLR HEARINGS,
November .6, 1991, . at 120.. .. , .
Testimony-• of Mary '-wRodd, . NORP= RE&Mkae- November
6, 1991, at 147. .
evidence exists in ways that undermine the credibility of those
- alleging police misconduct. When police departments do not
maintain adequate records of the prior misconduct of individual
officers, civilian credibility suffers further0212
civilians cannot match the official police resources
- marshalled to support officers in major investigations. A Miami
- witness testified that when there are shooting cases in Miami, a
"shooting team" is assembled, which includes a prosecutor,
-
homicide detectives, high ranking police officials, internal
review investigators, a public information officer, the lawyer
-
- for the polio$ benevolent association, and others; the officers
- are advised not to talk to anyone except to the police attorney.
"it appears that usually this team is working to clear the
=
= officer, not to make sure that justice is done."213
Investigations into police misconduct stand in stark contrast to
ordinary police investigations into crime. Witnesses testified
that the police often do not even look for witnesses. They do
-
not come into the community to try to do a full and fair
investigation.214 If witnesses are known, they may be
'-- 212 , p, U, Testimony of William P. Robinson, Member,
- House of Delegates, NORFOLR HEARINGS, November 6, 1991, at 122-
- 123.
= 213 Testimony of"Dr. Willie Williams, Chairman, Fair share
4
-
Committee of PULSE, MIAMI HEARINGS, November 13, 1991, at 493-
- 494.
214 JM A:-a..F Testimony of David Perkins, MIAMI HEARINGS,
-
November 13, 1991, at 671, 693-694 (Mr. #jerkins, an African
= American man, testified, "It doesnt do no good [to complain]
ai
becatuso . they . doesn-1' do -their .proper..investigation.. When anybody
goes] to file their complaint by an officer, they do not come
{
I
interviewed on police territory. Sven if the witness is
interviewed, the information from the witness may not.be
recorded, especially if it is damaging to the officer.215
Civilian witnesses recounting -police misconduct are treated with
• hostility and suspicion.216 The police look for
inconsistencies in their statements.217 The police sometimes
_i
out in the community to do any investigation to find out the new
facts of what actually occurred. Only thing they do is wait
until the officer can be contacted. . . . They tell a lie face-
to-face. That whole entire department backs him up one hundred
percent. . . . [A]11 the law enforcement departments are
constantly doing this.")f Testimony of Mr. Paxton, Henry Paco
Justice Committee, LOS ANGELES HEARINGS, December 31 1991,at 164
(Paxton testified that after the fatal shooting of Henry Paco,
police did not interview witnesses until four days after the
incident.)
The St. Clair Commission, in its review of 257 Boston Police
Department Internal affairs cases, found that there was no
indication that any witnesses were contacted by any police .
personnel in 79% of the cases. St. Clair Commission Report, at
109.
215 AjM, e•c•, Testimony of George E. Minn. President,
Virginia Beach NAACP, NORFOLK HEARINGS, November 6, 1991, at 175-
179 (regarding NAACP review of internal affairs investigations in
Virginia Beach). Ug also St. Clair Commission Report, at iii]
(The Commission's review of the Boston Police Departmentls
internal affairs investigations of citizen complaints revealed
"an investigative and hearing process characterized by shoddy,
halfhearted investigations, lengthy delays and inadequate
documentation and record -keeping.«).
216 an cgs, Testimony of Dr. Willie Williams, Chairman,
Fair Share Committee of P.V.L.S.E., MIAMI BEARINGS, November 13,
1991, at 494-495. &M also Christopher Commission Report, at 161
(The Christopher Commission found that in the cases of officer -
involved shootings, officers were interviewed as a group and
statements were recorded only after a "pro -interview" was
.217,
• • • ,• ., • Q. , Tes ony o Dr. i�'illis. tlilliams, MtAMZ -
HEARINGS, November,13,' 1991, at 495.
.. .. L. '� w i .i �. •�. '_. i• ..t. ••• aid••. '1 �.• .'� Yoh. •jam• .� .... .. .i� .� ..�.. ._ .ti .. •.�
0
investigate and intimidate them.218 Little or no weight may
be given to physical evidence suggesting abuse219 or to
contradictory statements of witnesses, police or civilian, which
are used to corroborate the police ver8ion.220
Many cases of police misconduct take place out of the public
eye. Often, there are no witnesses to the incident other than
police officers and the victim of the misconduct, and thus no one
. who can corroborate the account of the complainant.221
Representatives of numerous community organizations or legal
agencies described the difficulty of successfully pursuing
complaints against the police, particularly in the absence of
. 218 egg, •.c•, Testimony of Ms. White, NORF'OLR HEARINGS,
November 6, 1991, at 161; Statement of Ms. Smith, HOUSTON
BEARINGS, November 19, 1991, at 322-323 (Student witnesses to
shooting of Syron Guillium felt "intimidated away.from providing
facts during that investigation . . . [and] felt that they were
being discredited in their testimony . . . to the point where
they wanted to shy away from the investigation itself.").
219 fift Christopher Commission Report, at 163.
220 at 155 (Commission found that if "non-involved"
witnesses contradicted the complainant, the complaints ended up
as "unfounded.").
221 fin Testimony of Joyce Armstrong, ST. LOUIS BEARINGS,
December 61 1991, at 66-67 (Some witnesses do not want to say
anything, but in most cases there are no witnesses.)f Testimony
of Chief Ian Shipley, Chesapeake -Police Department, NORFOLR
HEARINGS, November 6, 1991, at 63 (Most of the complaints involve
one-on-one confrontations, without•witnesses.) Am also St.,
Clair Commission Report, at 200 (Commission found that there were
rarely witnesses in the internal affairs cases of the Boston
Police Department); Christopher Commission Report, at ii (The
Christopher Commission concluded that it..,was.doubtful there would
have "been a"police 'iizvistigation or that'any investigation would
have sustained a •comlplaint o!• polici. •misconduct .were it not for
the ,video ape , in:- he •Rodn�Y ICi2'tg use. is •::'
non -police witnesses.222 Police and civilian witnesses alike
testified that if it domes down to a civilian's word and the
officer's story, without corroboration of either's version, the
police version controls. to the vast majority of one civilian -
one officer cases, the complaint is not sustained.223
Police Departments often categorize the disposition of
complaints of police misconduct into sustained, not sustained,
unfounded and exonerated. "Not sustained" is generally defined
as a conclusion that there is insufficient evidence to prove or
disprove the allegation of misconduct. The designation "not
sustained" itself contributes to the perception that civilians
are not believedi the language suggests not a "draw" or a "tie",
but in fact a rejection of the civilian claim. The lack of
"independent corroboration" results in complaints not being
222 &U, s.g., Testimony of Joyce Armstrong, Amu, ST. IAVIS
HEARINGS, December 6, 1991, at 39. •
223 $, , e.g., Testimony of Fred Taylor, Director, Metro -
Dade Police Department, MIAMI HEARINGS, December 12, 1991, at 85 —
(In one-third of the cases there are not enough facts to say
whether the officer or the civilian is right and these result in
a non -sustained finding. According to Taylor, the department
tracks all complaints but pays particular attention to complaints
that are not sustained.). Am also Christopher Commission
Report, at 155 (Commission found that excessive force and
improper tactics complaints were rarely sustained in the hAPD
investigations unless there were non-involved, independent _.
witnesses who corroborated the complainant's story.). This
pattern of accused officers prevailing, when a "mere citizen" is the accuser in an internal investigation, is another version of
what civilian accusers rcutinsly, experience when they find
themselves • charged. with' c iiise's ' . acnnection with alleged police
misconduct. .Again; ey�nwhen the • standard •of proof is "beyond a
rea$onable doubt", •the "ward• �f.-a.:p aice officer- suffices.
sustained by internal police inwestigators.224 Where there is
no official documentation of physical abuse, like medical
records, or a videotape, as in the Rodney King case, the -
conclusion that there is sindependent Corroboration" is in
practice limited to those instances when the witness confirming
the misconduct is a member of a law enforcement agency. The most
frequent disposition of citizen complaints is "not —
sustained."225 some police officials in the hearings acknowledged the
demoralizing effect on citizens that results from the practice of
not sustaining complaints. For example, a representative of the
Board of Governors for Law Enforcement Officials of Greater St.
Louis testified:
The problem is that many many of these cases it is
impossible to make the decision one way or the —
other because there is no other evidence. The
officer denies it. I was doing my job. They come
_ up with some justification. The citizen therefore
gets a letter back from the police department
saying we have investigated your complaint, and it
is non -sustained. We cannot prove or disprove -
what took place. And certainly a citizen in that
situation is going to feel that something happened
to them that was not right. The police department —
io.29ot care and doesn't do anything about
a
224 an Christopher Commission Report, at 155 (Commission
found that complaints almost invariably were "not sustained" when L.
the only witnesses were the officer and the complainant or
friends or family of the complainant.
225 =. at 153.
226 Testimony of Neil F. Rurlander, Chief of Police, #�
Karyland Heights' Xissouri;..ST. LOUIS HEARINGS, December 6, 1991,
at 102 •• (R'urlander testified- that - there arse - vays to change this -
situation;..; inclua i % , t aakiag Ali oomplaints • and all . cases .ot
certain police practices undermine the credibility of the
-- complainant or corroborating witnesses before an allegation is �•�_
-i
even investigated. First, the practice of criminally charging
potential complainants of police misconduct, if it does not
F _
completely discourage the filing of a complaint, seriously
i
decreases the likelihood of any such complaint being sustained
after investigation.237 By placing a victim of misconduct in -
the role of a criminal defendant, the police cast the complaint
of misconduct as retaliatory.228 The perception that a
-! criminal defendant always has a motive to lie, to avoid
conviction or incarceration, pervades the criminal justice -
system. Victims of police misconduct who become criminal
defendants are given this extra "stake" by the police and
prosecution. The defense usually raised -- innocence and
fabricated charges (to cover police misconduct) -- is difficult =
to prove.
assault, whether by officers or by citizens, and making regular
reviews of the information. "It doesn't take a brain surgeon to
= figure out that if everybody is doing the same job why is one
officer getting more complaints than everybody else. That's the
administrators job to look at that to get the officer and change
= his attitude, give him more training or get rid of him. It's
that simple.").
227, e.c., Testimony of William P. Robinson, Member of
Virginia House of Delegates, NORFOLK HEARINGS, November 6, 19911
at 121; Testimony of George E. Nine, President, Virginia Beach
NAACP, NORFOLK HEARINGS, November 6, 1991, at 168 (The police
—
= have an attitude of "you have a criminal record so we don't need
'
to credit what you're saying.").
= 228• . 0.size Testimony of William P. Robinson Nember,
�
-Virginia-House-ot.Dilegates; RORFOLfi''8EARXNGS; Novembar b, 1991
'
.. at ..1�a1. •..• :'�• �_ .? ,y � _� •;: f�L , A ._ �
:.fie; ; ,.=: •r ;.••,. • •• �.: ;.... .
•_
..
-
—
The complainant alleging police misconduct knows that she is
seen first and foremost as a $efendant. A witness in Norfolk
testified, "[11ou have a lot of pending charges that are
intimidating and you're coming,to Internal Affairs and after you
give this written statement and recorded statement they will
inform them [sic]' that your statements have nothing to do with
helping your case."229
Even if the complainant is not charged in connection with
the incident of misconduct, police often use a prior criminal
record as evidence of the complainant's lack of credibility. A
Norfolk witness testified,
[B]ut it always comes down to, especially in the case
of the African American citizen, no matter who you are,
when something happens involving you, it comes down to
a credibility thing, whether anybody can believe you,
and when you have a person that has a clean record, a
nice background, then their cans will receive batter
support than would a case of a man who any have been in
trouble a year ago, but he may b H a not been doing
anything that particular night.
Second, while thorough, aggressive questioning of witnesses
in the course of an investigation serves a legitimate truth -
seeking function, questioning that is disrespectful, degrading
and derisive undermines the integrity of an investigation. The
latter approach not only discourages witnesses from coming
forward with a. complaint or from providing evidence of police
misconduct, but it -also improperly and inaccurately shapes the
229 Testimony of Xs. White, NORFOLK HEMSNGS, November 6,
1991, at 160-161.
23a testimony of : George' S'.'' i � `Pr�•sidant Virginia' Reach
_ _ i. •NAACP'; •..NORFOF�iE; G&; ; • li�eimbler��':6y : � ig'9.�; �'.at ;168 =169 `: • . • • • . •. • _
• • •••o• .••� . `. . ., . .• `•.•. .• .. . . .�»f`�. •.,✓ -S •.. „ a ice• • •. i •.. -� • • � '.. ., _ -
testimony given. Answers are bound to be monosyllabic and
nondescri tive when the p questioner doesn't want to hear them. •;�'
Questioning designed to characterize a witness as "involved"
thwarts useful answers.
The characterization of witnesses as somehow connected to
the victim determines the outcome of the investigation. The
Christopher Commission found that the labelling of a witness as
irnijapendent or involved could be determinative of whether the
complaint was sustained by the LAM over 50% of the unsustained
cases of excessive force were so classified because of the lack
of an independent witness.231 The more a witness is aligned
with the complainant, the more the police can assert there is no
independent corroboration of the victim's story.
While the relationship between complainant and witness to
— the incident may be a relevant factor in assessing accounts of
misconduct, police too often use even minimal connections to
completely discredit the accounts of the witnesses. For example, _
in one case reviewed by the Christopher Commission, a witness was
designated by investigators as being "involved" simply because he
had reported the incident.232 One wonders how often police
investigators find members of a complainants community to be
"involved." One wonders if all African American witnesses would
231 Christopher Commission Report, at 162.
232 at-, i62=163. - fit t ii amo time, pgiici otfiaers at
scone_ ,ors usuairY - i'm*ad a f� '•itidapindent" witnesses'. �.
be seen as "involved" in the complaint of another African
American.
Many police officials testified that their departments have
specific policies for completing investigations of citizen
complaints within a specified time frame and for notifying
complainants of the outcome of investigations.233 Despite
these policies, however, citizens complained they are not kept
informed of*the status of the investigations.234 In addition,
there are long delays in their completion. Complainants get
233 AM, .g., Testimony of Major Dennis R. Long, St. Louis
County Police Department, ST. LOUIS HEARINGS, December S. 1991,
at 15 (Complainant receives written findings at end of
investigation if officer is exonerated); Testimony of Clarence
Harmon, Chief, St. Louis Metropolitan Police Department, ST.
LOUIS HEARINGS, December 6, 1991, at 42 (Complainant gets
notification within 15 days that the police department has the
complaint and is investigating; internal affairs is to complete
its investigation within 30 days, unless there are extenuating
circumstances= complainant gets immediate notification of the
recommended findings and the right to appeal in person to the
Board of Police Commissioners to present new evidence or
information that the police department did not adequately
investigate).
In some jurisdictions, the police department can tell a
-
citizen his/her complaint has been sustained and "appropriate
-
action" has been taken, but, because of a Peace Officer Bill of
Rights, cannot disclose what the "appropriate action was or how
=
far it went." Testimony of Richard L. Foreman, Assistant Sheriff,
_
Los Angeles County Sheriff's Department, LOS ANGELES BEARINGS,
December 4, 1991, at 22-24. 1" also Testimony of Lawrence L.'
Binkley, Chief,, Long Beach Police Department, LDS ANGELES
HEARINGS, December 4, 1991, at 91 (Binkley testified that he has
_=
been advised by the city attorney that he can disclose to the
-
public that the department has terminated BII officer as a result
- of'a shooting, but cannot disclose the termination of a nebifio
_
officer before a public civil service hearing is held.).
-
234 fim Testimony of David Honig, General Counsel, Xiami-
Dade Branch, NAACP, MIAMI HEARINGS, November 12, 1991, at 171�
175. fin also St. Clair Commission Report, at 120 (Commission
_ found that in Boston no notice is given to the complainant
t-
regarding the status of his/her complaint).
D
96
g3- 25
T-
:-
discouraged and frustrated by this delay and silence.235
Witnesses around the country described their complaints to the
police as "going nowhere."236
ror example, Judy Stood Davis filed an official complaint
regarding beatings and injuries she, her husband and her 13 year
,.old daughter reaaived in their home by Metro -Dade officers in
1988; she was told the investigation would be done in 60 days.
Although she contacted the police several times, it was not until
one and a half years after she was acquitted of assaulting the =
officer and resisting arrest that the internal investigation case
was closed. The officers were fully exonerated.237
Officials of some police departments testified that they had
recently revised their departments# policies regarding the
investigation of civilian -complaints after internal reviews of
the policies revealed the reed for Improvement. ror example, the
Chief of the Chesapeake police department testified that after -
the Rodney King incident, he and his staff reviewed their
23!5 m , Testimony of Dr. Willie Williams, MIAMI
4 -
HEARINGS, December 13, 1991, at 496-497 (Williams testified that
investigations take _months, sometimes years . LU LUM St. Clair
_
commission :Report, at 118 (C omission found the most frequent
complaint about the IAD process was delay and that in many cases
they reviewed,.a complaint was eventually designated not
sustained due to lack. of a witness) .
: -
236 1 n, jLg,Testimony of nary Redd, Urban LeagueLeagueg NORFOLR":'
j -
HEARINGS, November 6, X991, at 1.80-151 (People have been telling
;-
her for` years they make a complaint and "virtually nothing
happens." For example, two of her students had gone to internal
affairs to complain about police treatment and •nothing happened
Y.
with Eit].
227 A Testimony of Judy Steen Davis, MIAMI SMARINOS
-
November`13,- 19910 at 564-565,
•
* .,
internal affairs policies, complaints and statistics. In
addition, they reviewed charges of assault on police officers to
determine whether officers who made the charges were the same
officers who received internal` affairs complaints.236 As a
result of this review, and their discovery that most of the
complaints involved one-on-one confrontations without witnesses,
his department revised its internal affairs policies. The now
policy requires three bureau commanders to review an internal
investigation for completeness, including whether a real effort
was made to find witnesses. The bureau commanders make a joint
recommendation. All investigations must be completed within
thirty days unless the Chief gives an extension because of
unavailable witnesses, or pending criminal or civil
litigation.239 The Long Beech Police Department also
undertook an investigation of its complaint procedures after
receiving complaints from the community. The Chief of Police
testified:
There is a gentleman in the audience today . . . who
complained to as that our organisation did not take
police complaints from members of the community. I
initially disagreed with him, but after we did some
audits and stings, we found his allegations were true. -
The organisation was very reluctant to take personnel
complaints whj8h caused a demotion of some of our
supervisors. -
238 Testimony of Chief Ian Shipley, NORFOLK NEAMGS,
November 61 1991, at 38-39.
239• jA- at •42=43,. 63-64.
240 Testimony of Lawrenee.L. Binkley, LOS ANGELS HEARINGS,.
December 40 1991,. at 65.
98
The Chief of the Signal Hill, California, Police Department
testified that his department had also changed its internal
affairs process. Specifically, he testified that internal
affairs was placed under his direction: he now personally directs
any investigation and holds daily briefings. Additionally, the
department developed a new form to assist citizens in filing a
complaint of misconduct and distributed it at City Hall as well
as at the police department.241 According to chief Mccrary,
citizens have been invited to most with him to discuss
investigations, and " just about in every case they felt
they were treated fairly and allowed me to improve the trust
level."242
•+-
The consensus of the citizens and representatives of
community organizations who testified at the hearings is that the
internal review investigators overwhelmingly side with the
police, generally concluding that the officer(s) used proper
force.243 Many who have gone through the internal affairs
241 Testimony 'of' Michael R:. NcCrary, LOS ANG=S HEARINGS,
— December 4, 1991, at 130.
242 =..at 131.
243 , e_cTestimony, o! .;Dr�., .Willi* Williams,, MIAMI
HEARINGS, - November 13,' 19911: at 493 e ' 491 (Williams, testified the
police internal • .review is• usually' a .whitewash) : Testimony of.
David Perkins, MIAMI HEARINGS, November 13, 1901, at 693-6941 z
Testimony of Kathleen Worthy, UP -PAC, MIAMI HEARINGS, November
99
� .- . 255
complaint process felt it was of no help and only a waste of time
and monay.244
Van police witnesses acknowledged that police
investigators, out of the desire to protect other police officars
from sanctions for misconduct, have a tendency to discourage
complaints or skew outcomes in favor of the police.245 In
- addition, an officer's desire to protect his own career in the
department may serve as an incentive to find for the police
rather than for the citizen.246 Another reason for the bias
13, 1991, at 479 ("There have been many Rodney King cases in Dade
county, which were not videotaped. Most of them are white -washed
by internal affairs.")= Testimony of Lawrence Graves, ST. LOUIS
HEARINGS, December 6, 1991, at 93-94 (The average citizen does
not have confidence in the complaint process because they feel
they are outnumbered); Testimony of Mary May Dixon, HOUSTON
HEARINGS, November 19, 1991, at 420-421 (Dixon does not have
confidence that IAD investigation of her complaint regarding the
police shootingq of her son will be given serious consideration); _
Testimony of Michael Gannon, HOUSTON HEARINGS, November 19, 1991,
at 422 (Gannon testified that he was beaten by police when he
-
urinated in an alleyway, then arrested for resisting arrest; has
no confidence his complaint will betaken seriously).
244 , e.g. Testimony of Ms. White, NORFOLR HEARINGS,
-
November 6, 1991, at 183.
245 an, lgagg, Testimony of Lawrence L. Hinkley, chief, Long
-
-� Beach Police Department, LOS ANGELIS HEARINGS, December 4, 19911at
65,(Binkley testified that an investigation revealed his
department was reluctant to take personnel complaints that might'`
result in a demotion of supervisors.).
246 an, SA_gA, Testimony of Carol Heppe, Director, Police
Watch, LOS ANGELES HEARINGS, December 4, 1991, at 151 ("[I]f you
look at how that department (Internal Affairs) runs, an officer
is put in that department for two or throe years and -.then
4transferred:"' We ' cannot '-expect ari officer' who expects to be
transferred iif two -or -three years back into the police department
-
to qo, after polies officerswho violate people ' s rights. ` They
still have -a career ahead' of them . . .
Of the outcomes of the investigations may be the desire to
protect a self -insured City against liability.247
The information given by some police agencies provides
support for the citizens' perciptions of the outcomes of
investigations. The Chief of the 'Virginia Beach Police
Department testified that approximately 13% of the 127 complaints
of excessive or inappropriate force had been sustained by the
department.248 From 1986 to 1990, 63 complaints of excessive
force were investigated by the internal affairs division of the
St. Louis County Police Department, but the allegations were
sustained and the officers disciplined in only 4 cases
(68).248 In 1990, citizens filed 13 complaints alleging
excessive use of force by St. Louis County police officers, with
the following dispositions: one complaint was withdrawn by the
complaining witness; one case was closed because the complaining
witness "wouldn't cooperate"; two were investigated by the FBI;
• three cases were pending as of December, 1991; three were not
resolved because the investigation was inconclusive; officers in
247 , U,,g21 Testimony of George Minx, President, Virginia
-- Beach:NAACP, NORPOLR HEARINGS, November 6, 1991, at 167-268.
S'migars, 1d = Testimony of Dr. harry Capp, Psychologist, HIM
HEARINGS, November la, 1991, at 231 (Capp testified the police
department won't: fail to follow his recommendations for
counseling of officers because the police would expose themselves
to liability if the officer subsequently engaged in misconduct.).
248JU Testimony of CharlesValle NORFOLR HEARINGS,
Nove
mber „6, ..3,991, .at, 48•..(�Pall did n _t. specify the period of time
in which ' the complainti • itir• "di.).'
249 gam. -Testimony of Ma j or• -Dennis r R. Long, St. Louis County Police Department,;•ST.•LOUIS BSARINGS,,r 61991Degambe , ,' at 13.
E
101
3
I
_i
two cases were exonerated; and one officer resigned before the
- investigation of his case was completed.250
Whether a complaint is sustained or not sustained by police
investigators often depends on -the nature of the complaint or the
identity of the complainant. The Director of the Metro -Dade
Police Department testified that one third of the complaints were
sustained in his department, and that the department took
disciplinary action (firing, counseling, or new training)
depending upon the nature of the complaint.251 However, only
21 complaints of "unauthorized force" were sustained by the
Metro -Dade Police Department in the years 1985-1990.252 The
number of sustained complaints represented only 6% of the total
complaints of unauthorized force during that period.253
250
251 fiM Testimony of Prod Taylor, MIAMI HEARINGS, November —
12, 19918 at 84-85 (He testified that in the second third of the
complaint cases the officers acted in good faith and the parties
and up agreeing there was a misunderstandings in the remaining
third there are insufficient facts to determine whether the -
officer or the citizen is right. Taylor did not testify whether -
the sustained rate varied depending upon whether the complaint
was made by a citizen or arose within the department.).
252 unauthorized force complaints represented between 13.5%
and 15.3% of the total number of complaints during each year of -_
this time period. an written materials submitted by Metro -Dade
Police Department, "Allegations of unauthorized Force to Total
Complaints Received Comparison," Faction 1, MIAMI BEARINGS,
November 12-13, 1991. :'..
253 fin written materials submitted by Metro -Dade Police
Department, "Sustains4-..Ca"ss of..,Upaut;horized . gores,.".- Section 1.•
HZ"I HEARINGS, November 12-2.3,'1991. Discipline imposed in
these cases .consisted -of- l counselino, 'J9 written reprimands, 7
suspensions ranging lrom`1 to 10 days, 2 resignations and 2
terminations.:..
.102 93- 255 -�
. h-
in its review of the LAPD police investigations or over 3400
citizen complaints of excessive force or improper tactics from
1986 through 1990, the Christopher Commission found that only 3%
of the allegations were sustained, while 47% were "not sustained"
and 37.8% were "unfounded".254 similarly, the at. Clair
Commission found the overall rats of sustained complaints in the
Boston Police Department to be 5.9%.255 The percentage of.
cases alleging physical abuse256 that were sustained by —
Boston's internal affairs department dropped from list in 1989 to —
3% in 1990.257
A complaint that arises within the police department is more
likely to be sustained than one made by a citizen. For example,
a disproportionate percentage of the complaints that have been
1
sustained by the -Boston Police Department came from within the. l -
department; rather than from citizens.258 According to a
witness in 'Los Angeles, a Daily News investigation revealed that
58 of 1488 complaints filed against the ZAPD arose within the
department, 53.7% of which were sustained by the LAPD. By
contrast, citizens made 95% of the complaints, but their
.254 Christopher Commission Report, at 253.
235 St. Clair Comaianion Report, at 115.
236 at 107 (Complaints of physical abuse constituted
the most common complaint of.misconduct -- 30.5%).
257 at 106-107.
�s8 " at 411S. The "'Boston Poi' Dopeirtment was the
complainarit� in only 4t• 'of the cases, most of. which alleged
violations of police department rules and regulations and a few "
of which .alleged serious• ,corruption: 109, 115.. �
a ..•r .. • . ♦.1 .• r•.. TM t • . I .' .• .•. . •d1i• •: w•• •.•. •• .• . , !. r•tS: ,. «.•.i . • ..• Ppi• • j•, N.
's
I
' 259
complaints were sustained in only 4.6t of the cease. —
Witnesses in Los Angeles testified that violations of LA9D
regulations are far more likely to be disciplined than are
allegations of brutality.260 'bf 106 officers in the 1"D who were found guilty of brutality, 13% wore terminated, while 44%
were suspended for five days or less.261 As the St. Clair
report noted, —
[T]he extremely low percentage of sustained cases in
the Boston area indicates that, in the view of the
Boston Police Department, 94% of the citizens alleging
misconduct were incorrect. This statistic strains the _—
imagination; it assumes that more than 9 out of aviary
ten citizens who complain police misconduct are
either mistaken or lying.29
259 1" Testimony of John Mack, Urban League, LOS ANGELES
— HEARINGS, December 3, 1991, at 80-81.
260 L" id, at 41-42 (Mr. Mack testified that a newspaper _
investigative story showed that "relatively minor departmental
infractions . [were] more important than if someone beat
someone half to death." In one case described, an officer who
wore a pager in contravention of departmental policy "got 60
_ days," whereas the majority of officers found guilty of brutality
receive less harsh penalties.). JU also Testimony of Gerald
-- Cunningham, INDIANAPOLIS HEARINGS, December 17, 1991, at 295
("(A] number of police officers are suspended, get reprimanded
for very minor stuff. It's like a military operation where =
tardiness and some minor infractions are regarded much more
seriously '(than] police abuse especially in black and hispanic
communities."), _
261Zd. at 61.
262 St'. Clair Commission Report, at lie. The status of -_
civilian complainants of police misconduct is analogous to the
traditional.Wception .of.. rape, complainants..: Woman used to be
routinely•discredited in~"rape cases..•Now*ttiare is a perception
. •that ' women • willing to. 'come'- forward • must• -be credible. One can ; -
hope for a similar evolution in. the perception of the credibility
of a citizen who complains of'poliee atmse,
• •• 1®a 9 3— 255
_
♦� .�• •• 1� .7. I,•1•.- ••. •• •Y• j••�•��•:t-0 1 we . .•• j.:.•. •1.• •.•y.• JU •••• f• • •ai. t.v d.. • • • .f':�+.�s• ' f
6.
civil suits for personal injuries or false arrest are
generally not a viable avenue of redress for victims of police
misconduct. Few lawyers will take such cases. First, there are
considerable financial disincentives -to litigating cases of
police abuse.263 Most victims cannot afford to pay an
attorney in advance.264 Moreover, because attorneys generally
accept these cases on a contingency fee basis, most attorneys
will not pursue these cases unless they conclude that the
complainant is likely to prevail on the facts and that the damage
award will be so substantial that it would justify the enormous
commitment of time and resources required in such
litigation.265
Cases of misconduct involving verbal abuse or humiliation, _
short-term detention after a false arrest, or minor injuries are
unlikely to be litigated at all. The most common complaints, and
the most common forms of police overstepping*-- police officers
-- 263 � Testimony of David Shaheed, President -Elect,
Marion County Bar Association, INDIANAPOLIS BEARINGS, December
17, 1991, at 132-133 ("In talking to one of my colleagues .
he admitted'.he doesn't -handle police harassment and brutality
cases any more. In all honesty the typical cases are an economic
dilemma or disaster for most lawyers.")...
264 at 133 ("Most clients can't afford the retainer that
should be required in the case.,b4sed on the length of time it
takes to • gat a recovery: —
265� at 133 ("If you take the sass on a contingent !e®,
it's essentially a crap •shaft :'!).:
(. handcuffing arrested persons too tightly, shoving them into squad
cars and police wagons too roughly, being generally abusive and
derisive -- are unlikely to get beyond a confidential
communication to criminal defense counsel. As a result, the
definition of police brutality is pushed higher and higher.
Rodney Ring gets attention. Alexander Kelly does nct.266
Being roughed up by the police is seen as an acceptable part of
the arrest process.
The length of time between filing suit and its resolution
discourages some attorneys from taking such cases.267 The
cost of bringing such suits is prohibitive, even if the victim
finds an attorney who will litigate on a contingency fee basis.
Litigants must come up with money for filing fees, medical
examinations, travel expenses, expert witness fees, psychiatric
evaluations, and depositions.268 In addition, in some
266 Ift Testimony of Alexander Kelly, MARM HEARINGS,
November 13, 1991, at 679-684 (Kelly, a retired V.S. Army
Sergeant First Class, testified that while watching a peaceful
Haitian demonstration, the police came from behind him, grabbed
him, hit him in the groin and stomach, pulled his hair, and
dragged him across the street. Vhen he produced identification,
he was told A1Oh, you tars] old enough to remember when we used to
- beat the shit out of naggers. I want you to stand here, watch
how we beat these nigger, out•there.* He was put on a bus, taken
to jail, and charged with inciting a riot. He testified although
he was found not guilty,. he continued to be harassed by the same
- police. He complained to the civilian review board, but he had
not heard anything in a.year regarding his.complaint.).
267, !•Q-j Testimony of David Shaheed, President Elect,
Narion County Bar Association, INDIANAPOLIS HEARINGS,. December
268 k"; '1,,,g•,;, 'lie-atiiony of Atiorney Anthony Noss, former
= public defender,' 1KIAMT HERRINGS, •November.l3, 1991, at 593-603..
• . , � •• - .. I•• • •.'r t � sir , r ♦ f i •1 ... ..• + •` !• • i •. •• _,'. • !'�� y...
_:'. ions• :. 9 3 2 5 5
jurisdictions triers is a legal limit on the amount that victims
of police misconduct can recover in such suits.369 most
police officers do not have to personally pay the costs of
litigation. Typically, a polibe union or the city itself
provides legal representation and covers the litigation costs.
The average citizen cannot match the resources of the police
officers defending such suits.370
in addition, a limited number of attorneys are willing to
take on the police department. Some may fear the consequences of
alienating a police department they will have to deal with in
other cases. Others may be more inclined to believe the police
version than the account of a citizen, particularly one with a
criminal record or one who faces criminal charges in connection
with the encounter with.the police.
Even those attorneys who are familiar with the reality of
police misconduct and are sympathetic to victims of abuse have to
recognize the difficulty of prevailing in court. An African
American attorney in Indianapolis testified,
[T]here is a general cynicism on the part of any
citizen that feels they have a complaint, as well as
any attorney Who is in a position to have to defend a
client where there have been these multiple allegations
269. U. at 601 (F.lorida sovereign immunity statutes limit
awards to $100,000.).
270 rdw e.g., Testimony of David Shaheed, President 81ect,
Marion County Bar Association, representing African American,
lawyers in Marion County,111DIANAPOLIS HEARINGS,. December, 17,
3.991" 'at 13Z "(`"You' are 3.itigatiriq against `the party with
substantially more.resources.");•Testimony of Attorney Anthony =
Moss, former public defonderp.3EL MY HEARINGS, November 13, 1991'r
at 393-603.
of misdemeanor counts. And also with respect to being
able to take a case of polite harassment or bjality
successfully to any kind of civil conclusion.
Since most victims of police abuse do not have overwhelming
documentation of the incident or independent witnesses, the jury
must decide whether the victim of the `abuse or the police
officers) is more credible. The verdict in the Rodney King case
is but one example that, given a choice, jurors will generally
decide in favor of the police. A St. Louis ACLU attorney
testified that her office has taken the position that in most
cases where it is the word of the individual citizen against the
word of police officers, litigation is not a "reasonable choice;"
instead, her office collects the information to monitor for
\' patterns of misconduct.272
E. THERE SEEMS TO BE A CORRELATION BETWEEN THE RACE OF THE
OFFICER, THE RACE OF THE CITIZEN, AND THE INCIDENCE OF ABUSE
1.
Witnesses report -that white police violence on black
citizens is more.likely to occur than black police violence on
white citizens. Many people in the minority community believe
271 Testimony of David Shaheed, President -Elect, Marion
County7�esociation,:.INQSANAPOLIS_ BEARINGS., December 17., 1991,
at 138. - -
272,AM Taatitmony of Joya� • . ST LO=TtB' GS
C `Armstrong, . • N • , _
December•6, 1991, at 59.
that white police officers are far more responsible for abusive
conduct toward minorities than any other group. George B. Mina,
President of the Virginia Beach NAACP, speaking about police
violence, believes that "statistically it's more often a white
officer and'a black citizen, but there are some cases of black
officers being involved in force cases as well."273
Rickie Clark, of the National Black Police Association,
testified that his organization has yet to receive a complaint
from a white person claiming mistreatment by a black officer.
They have had no reports from the community regarding a black
officer shooting a.white suspect. Black officers have been
involved in shootings, but not under circumstances which led to a
•major response from the community.274
The writers of this report concede that there is little hard
data to support the extensive anecdotal evidence that both the
worst incidents of police abuse, and the majority of police
abuse, are committed by white officers on non -white citizens.
Nonetheless, we stand by the assertion. Police abuse in America
largely consists of white officers abusing minority citizens.
Norfolk Attorney Bernard T. Holmes agreed that it is hard to
make a conclusive statement about how White officers treat
minorities, even though we all know -what is going on. He
273 Testimony of George Mins, President of the Virginia
Beach UUCP,,. NORFOLK•. HEAR=NGS,, .. November•. 6, ,1991, . at 6. .
274 S, Testimony of Rickie Clarke% Fairness in. Law
Enforcement, National, Black *Police Association, 3 2MIMAPOLIS
HEAR=NGS #, 'December •17, .1991, ,at Z89 .
.. ..• io9 ... "g 3 _ 2 5 5".
•
tii
testified that there, is a need to develop a data base to got a
concrete picture of the treatment of minorities by white
officers.273
State Senator Diane Wateah testified that police departments
should be required to categorize incidents of police abuse based
upon the race, religion, ethnicity, age, citizenship status,
politics, economic condition, sex, and sexual orientation of
victims and to publish that information periodically.276
Carol Heppe, of Police match, stated that the federal
government has a duty to compile statistics on police abuse in
its capacity to ensure the civil and human rights of all United
States citizens. The federal government, she said, has failed to
collect and keep essential data about violations and has
maintained unnecessary restrictions on the power of the federal
government to protect human rights against police abuse.277
There are also few statistics on the degree to which
minority police officers involve themselves in police misconduct.
There is a popular perception that black police officers are less
involved in police misconduct than white police officers. James
Beauford, of the Urban League in'St. Louis, reported that there
273 an Testimony of Attorney Bernard T. Holmes, NORFOLK
HEARINGS, November 6,, 1991, at .77.
276 an Testimony of State Senator Diane Watson,, LOS ANGELES
HEARINGS, . December.
�77•f Testimony of Carol Hsppe,.Police Mate, Police' -
Misconduct Lawyer -Referral Service,-LOS ANGELES BEARINGS,
December 4, 1991,, • at -153 .
2
had been a "low number" of African American officers involved in
s police shootings.278
Nonetheless, Mr. Beauford testified, a study cornissioned by
the St. Louis Metropolitan Police department found that the
officers in the department used their weapons "much too much,"
and that it was "not just a black,/white issues, it was black
officers using their weapons too such as well." Me credits the
hiring of Clarence Harmon as Chief of Police in St. Louis with
reducing conflict between black officers and black citizens to
some degree.279 In part, Mr. Beauford stated, the inevitable
intersection of crime and poverty leads even black police
officers into conflict with the minority community.280 There
�- is bound to be some conflict.
2.
African American police officers may be under greater
pressure than white officers to tolerate instances of police
abuse to insure continued employment and promotion opportunities.
There was testimony in the hearings about black officers needing
to make a good impression on white officers or superiors so they
can get ahead.
278 fiM Testimony of James Hsauford, Urban League of St.
Louis, ,ST.. LDU.IS HEARINGS,, .December 6♦...�,991,. at. 44..
279. am' 'at 36..
280 •
. ...
Witnesses testified that African American officers are not
immune to the pull of the code of silence. Col. William H. Young
of the St; Louis Black Leadership Round Table testified
that mind not eaists[sl and it -really crosses all racial barriers
too It is considered to be a part of the brotherhood to
be a part of the'polics department."281 Other witnesses
-testified that African American officers fear losing their jobs
and won't report misconduct because there is no support system if
they do no. If an officer reports misconduct by another officer,
the " question then becomes whose side are you on?w282
Black police officers are in a such different position from
white police officers. In most police departments, white
officers dominate leadership positions. They control the
decision making processes and not the standards for behavior in
the department. Black officers are in a double -bind. Knowing
they may not have the same access to the upper command staff,
black officers may find it to their benefit to keep quiet about
_ the racially motivated abuse they see and possibly even join in.
However, the code of silence may protect white officers more than
black police officers. While white officers may not be willing
to inform on white colleagues within tie department, one cannot
281 Testimony of Colonel Young, ST. LOUIS HEARINGS, December
- 6, 1991, at 69. -
.. ... •a' .•:1' t• .�•; °�•{'r• •!y i,••.•.ttt'�ti.•:.• i;Y'h•.w :.}. {•s«.�t.l�.i ••;" :.• •' .. '•
.282 ;Testimony of •Hermaii. E. • Springd, 'Diiector of Police,
Norfolk State .tTniver�ity, , NOVOsjt HEARINGS; November 6, 1941, at
�,• - 93--•255-
be sure what those officers will do for black police
officors.283
There are risks to speaking out against fellow officers for
officers of color. After watching officers beat a young black
suspect in 1970 in Alexandria, Virginia, Norman springs
complained to his supervisor about the abusive conduct. He
refused to go back out into the street with the officers
responsible. .After explaining the situation to his superiors,
the officer responsible for the beating was fired. Thera were
reprisals for Norman Springs, however. Be was sent out on calls
by a dispatcher in a different patrol area, an area he was not as
..familiar with. He was sent to violent domestic calls without
back-up. He was sent to incidents involving guns, and officers
in the area refused to provide•back-up.284
1
283 A series of articles in the Boston Globe in August,
1992, outlined allegations by minority.officers in the Boston
Police Department•that a "racial double' standard" is part of the
"daily routine." "Boston minority officers charge double
standard," THE BOSTON SMMY GLOBE, August 2, 1992, at 1, 24 (A
black woman officer interviewed is reported to have said "They
say there's a 'code of blue' in the Police Department . . . .
It's not a code of blue. Itks a code of white."). fiM also
"Boston officer backs bias call," THE BOSTON GLOBE, August 3,
.. 1992, at 14, .and "Ex -officer says rocts..in . community, cost him
f ob, "• THE BOSTON+*GLOEk August 4, iO at',13.
• 284 Testimony of Herman• SprixigsNORFOLK HEARINGS, November
6� ,1991.,. at 45. s..
113
.. .. .
.. . .. '..• . ': .. • , : �•• ice•• ..., .. i • .,.., ., �f .. .... ... , ,.. .,• ... , . ,... . ••'.
P. THM is. -AN aUS VnW2 MENTALITY iN POLICE- _
COMtMITY RELATIONS
1. Undina s _A "coda Af s i I anc cont { Haas to ax; st in saftX
201ica da»artms�rits
The notion that there is a "code of silence," which protect,
and insulates police officers from allegations of misconduct, has
been asserted for some time. The code of silence is a shared,
often unspoken vow taken by police officers to never "rat„ on
each other. The most widely known example of the code of silence
was contained in the book -- and then the movie, starring Al
Pacino -- Barnico,285 which propelled the code into the
Popular culture. The lesson of Ser,pico was that, while police
will back each other up on the street, no matter the danger, no
one will back a whistle -blower.
Many police officers deny that a code of silence .
exists.386 Certainly, if officers confirmed the existence of
a code of silence, they would be admitting something deeply
disturbing about how police departments operate. The most
_ obvious question raised would be why such a code needs to exist,
unless there is substantial unethical oar illegal activity taking
place, Some officers say- that•" the public does not fully
3185: prM M ", 'BLRPZCO (Viking Press 1473). _-
Z86' , Testimony of Clarence Fisher,. Suporisitendant -
•of ' this•" Missouri' 8tato:* #hvayAPatr6l;,'-'B7. '.LbVXS ' 1RING8, -
December 61 1991 at..Z7 .(Deny1M.the•ex�;stence•of a code, Fisher
stated, "Me•have vary, 1�:tiet'performing requirements and they,are
• in force, "? .
— �" � • .. sip ... • .. .. :.,�
—
. 9 3:- •2.55 - _
• Jc_
recognize how.dependent police officers are on their fellow
officers. Conflict and dissention among officers can put an `
officer's life in danger. police officers may rightly feel that
-they have only each other, that no one but another officer can
know what it means to be a cop. Though military analogies are
most often suggested, the tight comra+dery of police officers
might also be likened to that of sports teams. None of which
convincingly argues against the existence of the code.
Citizens and community organization representatives in each
city testified about the prevalence of a police "code of
silence."287 A St. Louis witness testified that there J& a
- code of silence in many police departments. "Code of silence
exists. It's the peer pressure of being accepted in the
Department to be able to depend on each other to support each
other."288 -
Part of the difficulty with criminal prosecutions of police r_
officers lies in convincing a jury that it is in its interest to
convict bad police officers. Juries, at least in most
Jurisdictions, identify more with police officers than with the
287 Lg, j.Z.., Testimony of Monsignor Brian Walsh, Catholic
Commission for Social Advocacies, KIAMx HEARINGS, November 12,
1991, at 192 (The need for an esprit de corps is carried to'
extremes by some police officerw who protect brother officers at
all costs.) fi" also Testimony of Janet Reno, Dade County
State's Attorney, MIAMI HEARINGS, November 12, 1991, at 18-19
(Reno testified that police officers have told her that there is
a code of silence, but - some have cooperated in prosecutions of -
fellow officers; the code of.silence is. constantly. an issue that
- has ` to be • addressed).. ` ..'-
288 Testimony of"Rodney•wflliams,= Chairman of the Ethical
Society of Police; ST. LOUIS HEARINGS, Decenber.'6, 1991 at 75.
t ; • tl. x -
. : •. • : �. • : . • - • • •• ;ice:: • ; � • • • • ' • �•93•- '2.5 5 . • • -. _
person assaulted or killed by the police, especially it that
person has a criminal record. Jurors ask themselves whether they
should sacrifice the police officer, who is just trying to
protect them, or whether they should be a little generous under
the circumstances.
Still, the central difficulty in obtaining criminal
convictions of bad police officers is the paucity of other
officers willing to come forward to testify to the misconduct of
the officer on trial. The power of testimony by police officers
who witnessed police misconduct and are willing to testify cannot
be overestimated.
Internal discipline of bad officers may be even more
difficult to obtain. Whether operating under a code of silence
( or not, police officers have always been loathe to report on
other officers, even internally and informally. At the very
least, reporting on another officer is disloyal. For those
officers who feel they must come forward,* there is no guarantee
that the offending officer will be removed from the job. Thus,
the complaining officer may find him or herself way out on a
limb, possibly even working with the officer complained against.
:f
What is interesting is that within police departments, most
police officers know who the bad cops are. "Inside the
department, we know who the problem officers are, it's just that
'nobody does anything about them," said a ranking Boston police
officer, .who•asked.._that •his-.nikaw not: be;'used.2S9 Whether- out _
Z89, THE. HdSTON. QLOBE*. •October" 4, 1992, at Is, 26, 29:. —
of fear of retribution or something else, the above -quoted
officer was not willing to formally complain about the bad
officers on staff, but was willing to provide anonymous
information to the press. Most police officers will tell you, however, that there are
only a few bad police officers vho give whole departments a bad
name. The vast majority of officers, they say, are hard-working
cops who are disgusted with those officers who do the job poorly,
and who harass and intimidate the public in the process.
.Officers frequently complain that the bad officers draw all the
attention, not the good ones, who honorably perform the job day
.in and day out.
What is obvious is that if we can identify those officers
responsible for most of the misconduct, we should be able to
discipline them or remove them from the force. This cannot be
done without the voices of police officers who care about the
quality -- or at least the reputation -- of the police. whether
silent officers are good cops or bad, their silence renders them
the accomplices of those who are bringing police departments
down.
. 2-.
i�anX policr''o=ficiiU. ackiiowiiidod 'that police departments
have traditionally :made :a. lot of arrests, in- the,black community
I
and in low-income areas, with the result that many African
Americans grow up under constant surveillanee.290 Many did
not make a connection between racism and policing. The Chief of the Virginia Beach Police Department testified that the
perception that blacks are more frequently police targets arises
in part from a "lack of understanding and apprehension of
police," which causes "initial strain." He attributed the police
response to the stress in dealing with street drugs, and, like
too many others, voiced the opinion that a majority of drug
dealers are African American.291 Some police officials
testified that it is the media that creates and reinforces
perceptions that African Americans are targets of excessive
force.292
Some elected officials testified that while incidents of
police brutality still occurred, they have been far less frequent
in recent years.293 Some testified that their police
290 gn, AaLL r Testimony of Ian Shipley, Chief of Chesapeake
Police Department, NORFOLK BEARINGS, November 6, 1991, at 68-69;
Testimony of William Ward, Mayor of Norfolk, NORFOLK HEARINGS,
November 61 1991, at 111..
291 Testimony of Charles Wall, NORFOLK BEARINGS, November 6,
19911 at 69.
292 , cgs,, Testimony of Ian Shipley, Chief of Chesapeake
Police Department, NORFOLR.BEARINGS, November 6, 1991, at 68.
293 an, e.a.,, Testimony of Reverend Green, Vice -Mayor,, City _
of Norfolk, NORFOLK BEARINGS, November 6, 1991, at 22 (01 think
that atmosphere is still there and hope it is getting less and
less, but we are try).ng to work with. it Testimony of
William Ward' mayor#. "'NORP'OLK HEARINGS, November 6,
1991, at. 102., 113 '• (They get -isolated complaints from citizens,'
but the department has been.'xensitizeds citizen c mplaints'are
C :typically`for'dte
iscourons behavior-,* compared to brutality
department does not condone police misconduct and that it has ,
aggressively tried to improve police community rolationS.294
Several police officials testified it was the policy of their
department not to tolerate police brutality and that it was
important for the department to strictly enforce that
policy.295
while many citizens testified that police misconduct is an
ongoing and pervasive problem, and that police -community
relations in their communities are at a low point, a smaller
number of citizens testified that there has been overall
improvement in police community relations and in the frequency of
,police miseonduet.2916 some of these citizens, however,
complaints in the 1970's and 1980's.).
294 &g, 8,,g2,, Testimony of T. Willard Fair, President,
Urban League of Greater Miami, MIAMI BEARINGS, November 12, 19911
at 150-151 (He feels there is no tolerance, nor policies, nor
condonation of excessive force in the City of Miami, and the new
police administration has tried to improve its image in the
community by using walking police, salt and pepper teams, mini-
- = stations and sub -stations.).
295 AM, lsa.r Testimony of Major Sheldon Darden, Chief of
operations, Norfolk Police ,Departmont, NORFOLK HEARINGS, November
61 1991, at 39.
296 AM, jUS.Le Testimony of Mabel Edmonds, ST. LOUIS
HEARINGS, December 6, 1991, at 84-88; Testimony of•Arnetta Xeily,
ST. LOUIS HEARINGS, December 6, 1991, at 81-831 Testimony of John
S. Williams,, MIXq CGS, November,12s. 1991, at 155-166 f
Testimony 'of` falter P•::- Robinsoi i;. Xember; Virginia House of
Delegates, kORFOLK'HEARINGSr November6, 1991,.at 123; Testimony
of Dr. Relen.Green, NORFOLK BEARINGS; November +6, 1991, at 12-13.
w •• •� • • - a • •! 21V•••• • •y• •V 3* 255 •+• •
testified that there are still officers who display a pattern of
misconduct and remain on the force.297
African American officers in a number of the cities took a
leadership Yale in acknowledlifig the reality of police brutality.
Rickie Clark, a member of the National Black Police Association
(NBPA), testified that police brutality is a *routine fact of
police life."298 The Chairman of the Ethical Society of
Police in St. Louis testified that the Rodney Ring tape had done
little to "deter or prevent incidents of brutality" in his
area.299 Shelby Lanier, a member of the NBPA in Louisville,
Renntucky, testified his organisation had been founded to help
eliminate police brutality.300 A member of the National
Association of Black Law Enforcement Executives (NOBLE)301
• 297 L,, e.g., Testimony of Walter P. Robinson, Member,
Virginia douse of Delegates, NORFOLR HEARINGS, November 6, 1991, -
at 125; Testimony of Dr. Helen Green, NORFOLR HEARINGS, November —
• 6, 1991, at 12-13 (There has bean improvement in the last 25 =
years because of professionalism of the police, an increase in
number of black officers, especially as executives, and Supreme
Court decisions emphasizing individual rights " yet police
violence and corruption, though not pervasive, continue to
exist."). _
298 Testimony of Rickie Clark, INDIANAPOLIS HEARINGS,
December 18, 1991, at 259.
299 Testimony of Rodney Williams,'ST. LOUIS HEARINGS,
December 6, .1991.8, . at 71..
300 In Testimony of Shelby Lanier, INDIANAPOLIS BEARINGS,
December 18, .1991, at .271. -
• 301 $M Testimony of Ernie Neal, Vice -President, Miami
chapter of NOBLE, ..Xl=. HEARINGS,.. November .13, ..1991, at 610-611
{NOBLE- was . founded, about• .19,79 by • 10" Afri6iri American law
enforcoment•executives in order to "educate young executives just
entering the ,:Ciald .:. •.Just making the' ranks of sergeant and
captain . '. they: needed 444#onal training in. how to succeed
testified at the Norfolk hearings that NOBLE "has complained for
years that residents are disrespected, disregarded, physically_
«302
and verbally abused. The vine -president of the Miami
chapter of NOBLE testified that "Police brutality and .
beating confessions out of suspects are not so common now, as
they were in the late 19200s and early 19301s. "What dean
remain is institutionalised malpractice and various procedures
which violate the laws or this constitutional rights or the human
dignity of civilians."303 NOBLE has taken the position that
community -police relations are at an all-time low.304 NOBLE
members also described the practice of making arrests in order to
try to legally justify the use of force.305
African American law enforcement organizations also took a
leadership role in proposing concrete stops to confront police
brutality. According to members who testified at the hearings,
NBPA and NOBLE are committed to speaking up and taking action
to become Chief . a lot of our black Chiefs are members
. . We do . . . training,.conferences, workshops [and] we
plan on bring[ing] the community into that training ."j.
302 Testimony of Herman E. Springs, Director of Police at
Norfolk State University, NORFOLK HEARINGS, November 6, 1991, at
23.
303 Testimony of Lrnie Neal, XIAMI HEARINGS, November 13,
1991, at 579.
304 An Testimony of Harman E. Springs, Director of Police
at Norfolk State University,.NORFOLX HEARINGS, November 6, 1991,
305,n, &;c!., Testimony of Ernie Neal, Vice -Provident of
Miami chapter of NOBLE,. MIAMI. HEA=WGS, December 13, 1991, at
:�79�-580'.
T.• Y•i, j A rr• :r 4 • . i
..' .. • :.. ::.: '. 93'. 255.
against police misconduct.306 The Chairman of the Ethical
et of Police a chapter of the National Black police
society , p
Association in St. Louis, testified:
If any officer commits an act of police brutality
in the presence of any member of the Ethical
Society of Police, our member will attempt to stop
the illegal act, arrest the officer if the officer
refuse[s] to stop and call for assistance in
effecting the arrest if necessary. We will =
initiate criminal 3S4arges against the
violators . . . .
NOBLE members emphasized the need to let the community know
that African American -officers will not tolerate abuse by police
officers, and testified that NOBLE has pledged to both raise the
national consciousness of police brutality and to work with
community groups to combat police abuse.308 NBPA pledges to -
stand by to assist.the victims of police abuse and recognizes the
need to enlist the support of the community to stop police
abuse.309••
306 LU. e.a., Testimony of Herman S. Springs, Director of
Police, Norfolk State University, NORFOLK HEARINGS, November 6,
1991, at 26; Testimony of Shelby Lanier, INDIANAPOLIS HEARINGS,
December 18,. 1991, at 275.
307, Testimony of Rodney Williams,. .ST. LOVIS' BEARINGS,
December 6, 1991, at 71.
308 SM
Testimony of
Norman E. Springs, Director
of Police,
Norfolk State University,
NORFOLK HEARINGS, November 6, 1991, at -
309 :&U
Testimony -of
Shelby Lanier, .INDYANAPOLIS.
HEARINGS, -
December 18,'
1991, pt• 275.
..
-
In contrast to civilian witnesses, some police officials
denied that any code of silence existed.310 Other police
officials asserted the code of silence.existed,311 but was not
as prevalent as in years past;3 12 and that it would not be
condoned by their police departmant.313
310 ln, .a., Testimony of Doug Elder, president of the
Houston Police Officer's Association, HOUSTON HEARINGS, November
20, 1991, at 63 (There is no code of silence now); Testimony of
Chief Ian Shipley, Chesapeake Police Department, NORFOLX
HEARINGS, November 6, 1991, at 88-90 (Police officers cannot keep
quiet and any incidents would "go around the department." He
testified he thinks the code of silence really does not happen in
their profession to any large extent); Testimony of Clarence
Fisher, Superintendent, Missouri State Highway Patrol, ST. LOUIS
s HEARINGS, December 6, 1991, at 27-28 (Fisher, an officer for 33
years, testified he had not heard of the code of silence within
his department and that his department had very strict performing
requirements in the use of force.); Testimony of Major Dennis R.
Long, St. Louis County Police Department, ST. LOUIS HEARINGS,
-December 61 1991, at 27_(Long, an officer for 32 years, testified
he had never seen evidence of a code of silence within his
department.).
311 In, e.a., Testimony of Chief Charles wall, Virginia
Beach Police Department, NORFOLK HEARINGS, November 61 1991, at
90 ("1 think there's some reluctance among police officers to
talk about other police officers . . . .").
312 &Ui e•c•, Testimony of Nail F. Rtrlander, Board of
Governors for Law Enforcement officials of Greater St. Louis, ST.
LOUIS BEARINGS, December 6, 1991, at 107 (The code of silence did
exist, but he had not seen that type of behavior to a large
extent in the last 10-15 years; it is more prevalent in larger
police departments and among the older.generation of police
officers.). • . . .
313� e.c.,'Testimony of Fred Taylor, Director, Metro -
Dade Police Department, MIAMI HEARINGS, November 12t 1991, at
115-116 (The code of.silence did and may.still exist. "You don't _
have room on .the' fbrce for -those' kinds of individuals. I think
once you make it clear.that'ia not a sensitive -way to behave that
if you do. that you• are .not too Weil to, come . Esicl. on the force
and you • take elation: ") .. • ,.
t•r. :• .r:."•. i•••� � ,• .�••,a.�'•j;: •.ti•. ` S ��3:p:r• '• .-i •i •.'•r .. ...:�. •.n� !ll���
The Director of the Motro-Dade Police Department testified
that officers are coming forward against other officers with
increasing frequency.314 Houston prosecutor Don Smyth
teatified that hewer officers "are more willing "to come forward
and till us about their follow officers who are not doing what
they should," but are more reluctant to "get up there and testify
against them.015
In contrast, several African American officers who testified
explicitly acknowledged the prevalence of the code of
silence,316 and, in some instances, perjury in behalf of
follow officers.317 For example, one officer testified that
in his 21 years in law enforcement, a code of silence has always
been a practice.318
Testimony from current or former police officers in a number
of different cities reveals a dangerous lack of support for
314 mm ja.
315 Testimony of Don Smyth, HOUSTON HEARINGS, November 19,
1991, at 313-314.
316 an, ea.,, Testimony of Rodney Williams, Ethical Society -
- of Police, ST. LOUIS BEARINGS, December 6, 1991, at 741 Testimony
of May Walker, African -American Police officers' League, HOUSTON
HEARINGS, November•20, 1991, at 94, 981 Testimony of Berman E.
Springs, Director of Police, Norfolk. State University, NORFOLK
HEARINGS,. November 6, 1991, at 34. -
317 � s Testimony of Norman.E. Springs, Director of
Police, Norfolk State University, NORFOLR BEARINGS, November 6,
1991, at 48; Testimony of Nigdaly Rivas, MIAMI HEARINGS, November'
13, 19931, at. 635 . ",Routine altering.. of ..arrest forms to suit the
letter., .of the law ...•' .was •joked •[about] as creative vriting. "y .
- ( 318 ' Testimony of 8acsman• $.., •8pr3ar}gas; NORFOLIC 8Ei1R�iG8, ,
November 61 -29910 im- .34. -
. �93- 25t
A
officers who complain about the misconduct of fallow officers.
_ Witnesses testified that there can be repercussions Within the
police department as a result of complaints about the misconduct
of other offieers,319 ranging from being confronted with
"trumped up charges"320 to not getting back-up in answering
calls while on patro1.321
A former Matra -Dade officer in field training in 1990 was
told by her officers that "snitches wars not tolerated and
members of the profession fight for themselves. . . . An
officer . told me, IWe take care of our own.'"322 She
ignored the order of a more senior officer to "take down" a black
suspect, choosing to handle the man with less force. "I thought
it was my judgment call in that regard. I did not feel aggression
— was necessary.n323 She was subsequently offered the choice of
319 jnp l.�, Testimony of May Walker, African American
Police Officer's League, HOUSTON HEARINGS, November 20, 1991, at
94, 98. •
320 • Ps3Ll Testimony of Mary Redd, Urban League, NORFOLK _
HEARINGS, November 6, 1991, at 135t Testimony of Herman E.
Springs, Director of Police, Norfolk State University, NORFOLK
HEARINGS, November 6, 1991, at 30 (He anticipates a backlash
against African American officers who report police abuse,
resulting in disciplinary complaints against them for interfering
with an arrest or.conduct unbecoming an officer.).
321 fin Testimony of Human Z: Springs, Director of Police,
Norfolk State University, NORFOLX HEARINGS, November 6, 1991, at.
45 (His complaint to his police superiors about the beating of an
African American teenager lead to his responding to calls on his
own, and without backup, in precarious situations.),.
322.' Testimony .of :Migdaly 'Rivas,' !EXAM -BEARINGS, November 13,
1991, at .633: ; -
� ; -at' �14. ,.
• • 93- 255
.41
,tug.-
demotion or termination. "It is no coincidence that anyone
speaking the truth about these injustices is subject to severe
consequences.w324 A member of the African American Officarls
League in Houston said there is a "coda of silence any time
you speak out or identify anything, you're singled out .
(and3 retaliated against.325
The Christopher Commission also found that officers who
gave testimony against other officers in the LAPD were frequently
harassed and ostracized and sometimes became the target of
compiaints.326 Recognizing the likelihood of retaliation
against officers who report abuse by other officers, NOBLE has
pledged to support the reporting officers.327
Some police officials testified that officers who did not
cooperate with internal affairs investigations into allegations
,of non -criminal misconduct could and would be dismissed.326
Others testified that if an officer is found guilty of misconduct
324 ;M, at 636.
325 Testimony of May talker, HOUSTON BEARINGS, November 20, _
1991, at 94, 98.
326 Christopher Commission Report, at 170.
327
An Testimony of Herman E. Springs, Director of Police,
Norfolk State University, NORFOLK RMUtINGS, November 6, 1991, at
30.
328. fiM, . Q,,,gi,, Testimony of Chief Ian Shipley, Chesapeake
Police Department, NORFOLK HEARINGS, November 6, 1991, at.88-90t
Testimony of Chief Charles wall, Virginia Beach Polica -
Department,•NORFOLtC BSARIN68; liavewber 6,'I991 at 90-91 din non-,
.criminal matters, he can order an officer to talk to his or to
take.a polygraph, examination; if an offi,csr refuses togive a
= {. .: ,stat.a�sy�.re._goni:..!�). .�w :���'. ',:: �..., .• .;,.• . ' :,� —
_ - .. � • . .i:..w':.: ; � •.••;l. : ':..,. � � _ •R. •. fir.' r
-93- 255-
and the dapartment finds out that another officer has not
reported it, the non -reporting officer is also subject to
,discipline.339
3.
Many of the police departments described the need to move
away from the traditional "us versus them" mentality and the
rapid response/crime solving approach to policing.330 Some
conceded the failure of such an approach in combatting crime. As
Houston Police Chief Watson said, " . . . Me are victims of our
own success. We have done a very good job of arresting a lot of
people. Our prisons are filled to ovirflowing. And yet we
329 , e.g., Testimony of Major Sheldon Darden, Chief of
Operations, Norfolk Police Department, NORFOLK HEARINGS, November -
= 6, 1991, at 92-92.
330 Even in departments where upper echelon police officials
described a philosophy of cooperation with and sensitivity to the =
community, police officials acknowledged the continuing
prevalence of an us versus them attitude. fiM, e.g., Testimony of
Phyllis Wunsch*,. Deputy Chief, Houston Police Department, HOUSTON
HEARINGS, November 190 1991, at 111. (Some officers still may
have a paramilitary kind of.montality,. kind of "us versus thee,"
Although the overali'departmental philosophy of policing has
changed.) Testimony of Assistant Chief Jimmy L. Dotson, Houston -
Police Department, HOUSTON HEARINGS, November 19, 1991, at 138
(The administration of his department is trying to "aggressively
manage and create an environment where those types of behaviors
will not. bo tolerated. ") ;, Statement of . JWdge. Green, 80USTON
HEARINGS, Novembsr-l9',t•l$91,• at•136. (After•thO conviction of an
hispanic officer for•killing a black man, the Patrolman's
' a �. •bean.Bona " at
Association "ins�st[se�] that , �,ustic�d �:not., •: •� •. .
�` �- � ...i. �`.,{.6., ,+:j••!+ M1•its• ',•. ti. •jS iA+.. •1 i,.. ,:f:• •[!•'.i •.t«r• •�� s—
continue to be pressed with demands for service that are over
increasing, and continue to need additional officers."331
Police officials at the hearings -- even those from rural
. polies departments -- generally endorsed the concept of community
policing, described by Chief Matson as "neighborhood -oriented
policing" and "working cooperatively with our citizens."332
Chief Harmon of the St. Louis Metropolitan police Department
testified that community policing is "the cornerstone of my
administration."333 Major Dennis R. Long of the St. Louis
County Police Department testified that his department was "just
beginning to get into the area of community policing.034 The
Superintendent of the Missouri State Highway Patrol testified
that the principles of community policing are beginning to be
followed in the smaller cities of Missouri.335
331 Testimony of Elizabeth Watson, HOUSTON HEARINGS,
November 19, 1991, at 4. Some police officials still offer
arrest statistics as a key response to community problems. fig
e.g., Testimony of Fred Taylor, Director, Metro -Dada Police
Department, MIAMI HEARINGS, November 12, 1991, at 124, and
written materials submitted by Metro -Dads Police Department
(Taylor referred to the increase in Metro -Dade arrests as
evidence of improvement in the response of his department.
Metro -Dade made 71,434 arrests in 2990, compared to 39,843
arrests in 1985. Between 1980 and 1990, the number of sworn
officers increased 608 .) .
332 Testimony of Elizabeth Watson, HOUSTON HEARINGS,
November 19, 1991, at 3. .
333 Testimony of Clarence Harmon, ST. LOUIS HEARINGS,
December
61 1991, at 43.
- 334
Testimony of Major Dennis R. Long, ST. LOUIS
HEARINGS,
December
6,. 1991, . at33. t �� �...,• .. ... .,
-
335
Testimony of Clarenea•Fisher, ST. LOUIS HEARINGS,
December
.6,• 1991 f at We `+:•..•.,•=•'r •.s -•; t� .
'�
., .. �• + �' -
: .
�•rl�isr
.. •.
• . •.C� � •.•t •. .• •rye �_ � •
� °••'
R.�
w:r• .. ,
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..
1't r.• •:.+, ,y? • ,���•��• �• , r L'• i�yi!'••••• ;;: !.�` ..♦ • • ::�.• •i.L
• � . -
j{�.i •y .r !�'i� �•
• � V•! • � Ali � •
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Community policing means a change in attitude towards the
community. Director Taylor of the Metro -Dade police department
said his departmentls philosophy "is to deal with a more human,
more proper way with the citizens of this community and where
they live and what they want."336
Community policing recognizes the complexities of
multicultural urban communities. As Miami Police Chief Ross
testified:
Policing in the nineties can no longer survive with the
"we versus they attitude". . . . Policing in the
nineties demands change . . . . Each police department
across this nation must take into account the cultural
dynamics of its constituents] and consider themselves
as servants, first. . . . [T]here must be an
understanding of the role of the police in the
community as being part of the community. . . . (Z]ach
police agency [must] become thoroughly familiar with r
and understand the culture, the problems and needs of
the entire community and devise programs to be
responsive. . . . [T]he personnel makeup . . . [must]
"7a reflection of the community it serves. . .
Chief Harmon of the St. Louis Metropolitan Police Department
testified his department is beginning to teach against the "us
versus them mentality" as part of its COPS (Community oriented
Policing services' and of cultural diversity training.338
336
Testimony of -Fred Taylor, WJM
HEARINGS,
November 12,
- 1991, at
89.
. 337
Testimony of Calvin Noss; . 11 AXI-
BEARINGS,
November 13,
— 1991,. at
441-442.
338
U Teptimony,..o - %Clarke ••Harmon :8•T. ;L UZB GS
t r IRZH
_
_
6, '1991,. at �.3Z ..
.December
93 255
ti
Police witnesses said community policing also means a chaage
in the methodologyof the i Chief Ross police, Miami testified
*Whether [allegations of police abuse] are real or perceived the
allegations are symptomatic of,a deep rooted problem in the
methodology in Florida by police. . . . Policing in the nineties
must focus more on the prevention of crime than the band aide
[sie3 solution of reactive measures.039 Houston Chief Watson
spoke of the need for ". expand[ingj the role of officers
. look[inq) at the underlying causes] of a situation and at
= what happens after the arrest occurs."340
- A witness in St. Louis described the reciprocal nature of
community policing: "Community policing is not a one way process,
- it requires that residents get actively involved, that they work
=
closely with [their] assigned police officers to locate problems
_
from nagging nuisance to serious crimes and then determine,
—
together, ways to solve them."341 Chief Harmon of the St.
- Louis Metropolitan Police Department testified, "The police can't
do its function and ought not to in a democracy without strong
-
- and continual citizen involvement of input."342
339 Testimony of Calvin Ross, MIAMI HEARINGS, November 12#
1991, at 441-443.
_
— 340 Testimony of Elizabeth Watson, HOUSTON HEARINGS,
—
November 19, 1991, at 4.
i 341 Testimony of Col. David A. Robbins, President of,the
- Board of St. Louis Police Commissioners, ST. LOUIS HEARINGS,
—
December 6 �. 1991,: at: A0w. • . _ . .•s
-
342 Testimony 'of Clarence Harmon,.ST.• LOUIB 88ARINGB ,
December 6.,-.19�9;;.,at.43�•: :,::. .• ' �• ,..;
• .a• .' •,. ;. ;.w .w..`.,•.i�:•'t .t.�":`�'. a :; :,+ ..+,,,� s,.t' •ti•�: •;;., c
a'• :-s.
.. .. 93_ 255
A`
Many police officials emphasized the need for better
communication between the police and the community.343 For some, communication between the police department and the
community -- and within the police department bears directly an the effectiveness of the department. Chief Shipley of the
Chesapeake Police Department testified, NEW]e readily realize
that the effectiveness of any social service agency is to —
understand the problem and this understanding must flow through
the entire organization from the top to the bottom and maybe more
importantly from the bottom to the top."344
Many police officials testified there are real benefits to a
community policing approach. For example, Missouri State Highway —
Patrol Superintendent Fisher testified, "It is no question that
community involvement and joint problem solving is
beneficial."345. Major Long of the St. Louis County Police
i —
Department, describing the impact of his department's community -
service programs on the "us versus them" mentality, testified,
"I think it's something that we probably were guilty of at one
time, but I feel that we've come a long way and are hopefully on
343 an Testimony of Chief.Yan Shipley, NORFOLX HEAMGS,
November 6,.1991, at 43 ("Communication is the key to -
understanding and understanding is the key to corrective
actions. ") . -
344,
345,Testimony ofClarence Fisher, euperiftendent, Missouri
Stage Highway Patrol,,.,* ST., L UIS HEA=GSp December 6, 1991{ .at
.r.' '•y. ,.t..... •�.•4'. •.Iet. '.tip••. .1. .••r';�• •}� ',•i,• 'a: •t•• .►t�:'Y•`• • � '•' � -
Cthe right track now«"346 The Mayor of Chesapeake testified that protests from the black community in 1986 had led to a
series of meetings, improved communication and better police -
community relations.347
An African American officer in St. Louis testified that —
community oriented policing would be a "big help in reconnecting
an officer to the community" and would break down the code of
silence because the officers ". will feel like they are a
part of the community. It won't be us.against them. It would be
us period.048 A police official in the at. Louis County
Police Department described the promise of community policing:
I think it's going to be the thing of the future and I
would hope that we can expand that and I would like the
day to come when a survey would be taken of our
citizens and that the majority of them, not just the
— ( majority, a high percentage, hopefully unanimous, would -
voice confidence in our ability to deliver service that
would be tailored to [their] g$$ds and they feel that
we really do care about them.
346 Testimony of Major Dennis R. Long, St. Louis County
Police Department, ST. LOUIS BEARINGS, December 6, 1991, at 31.
347 fin Testimony of Xayor William Bard, NORFOLX HEARINGS,
November 6, 1991, at,102-103 ("[F]or several years there we did
have some charges of police brutality and, in fact, _—
investigations revealed such, at which time the NAACP and other
minority civic organizations protested and after which we had a
series of meetings:").
348 Testimony, of. 8gt..;Rodney. Williams, Chairman, Rthical
Society.*of Polies,' )3T..-=UIS SEARINGB, -December 6, 1991, at 76.
349 �s .
Testimoa oS.lta ,ennis. R -
Decenbsr' -6, 1991.; at 33 j D' ,. • ... .. '" Q..•: :, h0ZJt8. BEA tINGB,
} • - .. •.•�i.',.�...r•'.•••..A.. J•'i..'. ~=•i�f••L•r•s •• �i.. %'J�,• ..,•,j� '.. .�i' • Aj
93` 25.5 ;
4.
Shelby Lanier of the National Black Police Association
believes that black police officers and citizens should assume a
leadership role in addressing the problem of racism and police
brutality against minorities. Be testified: "it is our position
that the solutions (to] the problem of police brutality is now in
the hands of the African American police officers and African
American citizens."350
Many of those who testified at the hearings believed that —
much of the "us versus them" problem rests with an
underrepresentation of minorities on the police force and in
decision -making roles in law enforcement. Recent events in Los ._
Angeles, New York, Detroit, and Minneapolis seem to support this
view.351 Professor Marvin Jones, of the University of Miami
Law School, believes that the underrepresentation of blacks in
the executive branch, the legislative branch, the judicial
350 Testimony of Shelby Lanier, Jr., National Black Police
Association, INDIANAPOLIS HEARINGS, December 17, 19910 at 2750
351 Each of these cities had major incidents involving;
Afric=. American. citizens- and.. white- police. officers in late 1992 and 1993. In, s.a., N.Y: TIMES,* November 18, 1992, at 1
(reporting the recent New York subway.shocting of a black,
undercover. police,-officrr;by',. gel-1W. oftJdera, • rho -mistook the
officer. for 'a..orimiaa2 y
93- 255
l branch, and in local law enforcement contributes to the
332
problem*
California state senator Diane Watson testified that -
unchecked abuse of power by a largely white police force and
the lack of effective leadership in the highest ranks of the
police department contribute to the spread of racism:
Prejudice plus power equals racism, and it will be hard
to prove that prejudice has played no part in the
selective abuse to which residents of Los Angeles have
been and continue to be subjected. Much of the
problems in the LAPb can be attributed to a tIRI of
indifference that starts from the top . . . .
Witnesses in several cities expressed similar views. For
y example, there was testimony in Miami, Houston, Norfolk and St.
Louis that there are not enough African americans in upper level
positions in the police department. As one witness in Miami
testified, in describing the Metro Dade Police Department,
African Americans and other minorities are disenfranchised in the
department, and there is a a serious need for more minorities in
decision -making positions above the•rank of lieutenant.384
Others went further by demanding that more black and Latino
officers be assigned to specific jurisdictions, sucking
assignments to certain neighborhoods by race if necessary.
352 An Testimony of Professor Marvin Jones, University of
Miami Law School, MIAMI MEAMG9, November 12, 1991, at 182-84.
333 State,Senator.Diane.-Natson,.LOS:ANGELEB BEARINGS,
December 3, 1991 at 17.
354. E •TlRstiat�n�r.,Qe;%•Jo Pac!k.,vMIi1MZ:,AEARYNGS,.
.'November •.1 •1991, .at 70g.. .
`93 255 •
According to these witnesses, for example, there should be more
African American officers assigned to patrol black communities
and more Puerto Rican officers assigned to patrol Puerto Rican
communities.335 .
Dr. Larry Capp testified that police science research shows
there is better policing if officers know the area, live there,
and have families there. This is because they know the community
and the community knows them. When police reflect the community,
there is less use of force and fewer brutality complaints. Trust
and confidence are enhanced and suspicion and apprehension
dissipate.356
Perhaps there ought to be a system of rewards for police
officers who make community ties. Testimony from the Miami
chapter of the NAACP included a recommendation that officers who
involve themselves in community activities receive credit for
"pro -social behavior.M357
Of course, more must be done than simply hiring more
minority police officers. As discussed above, police brutality
355 gM, e.a., Testimony of Clemente Nontalvo, MIAMI
BEARINGS, November 12, 1991, at 324-325 (It would help to have
more Puerto Rican officers patrollit% % a nei hborhood )
Testimony of Roland Durance, Executive Director, Haitian Refugee
Center, IIIMI BEARINGS, November. 12, 1991, at 195 (He is
concerned about the lack of.Baitian-Americans its the police
departments more white officers patrol in the black camuity,
which "can intimidate them.").
356LU Testimony of Dr. Larry CaPP, HLMWGS,
November 12, at 214 Y -
3S7 Testimony of Davjd.Boniq,.*General Counsel, Xiami-Dade
• Erarich •NAACP;.: MIAI�I '88ARINGB.;: tovimber • 1$; :1951:'* `at 179.
�•• .:+.f. •: ''•, •rr. �s• •'•�• .. r'.•,:. '�'A',�i�.''r :r.j..vi.,. ..r r,••" 't.• •. :�jr;• _—
is cultural as well as racial. There is a need for standards and
a need for constant oversight of the conduct of police, white and
black. Sam Jones, of the Urban League of Indianapolis, testified
that the community must take more responsibility for keeping the
issue of police misconduct in minority communities alive at all
times, not just in times of crisis.338
[W]e African Americans have to demand of our Police
Department fair and equitable law enforcement in our
community. We in this community tend to be reactive as
opposed] to . . . proactive in terms of law
enforcement. We act when a shooting occurs. We react
on reporte 5 trutality. . . . [W'e need to be
proactive.
The minority community must have a clearer vision of the
goals it sets for itself and the means it selects to achieve
these goals. It will not be enough to state simply that more
( minorities should be hired. While this may be one valid goal, it
fails to address some of the problems the minority community has
with minority police officers, as well as with crime, generally..
5.
s
A number of police and. city officials testified at the
hearings that the police must recognize the cultural diversity iii
their cities and increase the representation of minorities and
358 An- Testimony of Sam -Jones,' Urban `League of
Indianapolis, nMZMAWLIS HEARINGS,. at 176.
•
.. •.•,.. •'' .. ;► '"•'.•'r; • tie, � � •r:• ►:'•�'
.iai6::: o• %'•,v •. ..
•a i•� .i. � , ,
.� =
u�'
•
93—
255
fs
}}&u
women in the police departments.360 Indianapolis Mayor Hudnut
testified that the police department must recruit, hire and
promote officers on the basis of the demographics of the
community, and that community persons must be given jobs in the
— police departments that will include responsibilities in their
neighborhoods.361 Houston Police Chief Watson testified that
her department needed to "work aggressively toward making [the]
police department representative at all ranks of the community
that [it] serve[8].e362
Several officials testified that the aim of the police
department was to have the percentages of minorities in the
department equal the percentages of minorities in the population
served by the department.363 For example, Major Long of the
St. Louis County Police Department, stated "[O]ur goal of course
would be to have'A number of minorities equal to the population
360 a"# e.g., Testimony of William Hudnut, Mayor,
INDIANAPOLIS HEARINGS, December 17, 1991, at 11-12.
361 u. at 30.
362 fin Testimony of Elizabeth Watson, Chief of Police,
Houston Police Department, HOUSTON HEARINGS, November 19, 1991,
at 10 (Watson also testified that "[i]t is not sufficient
to say that when we do that,things will be bettor.").
363 ZA. at.30i fiM also Testimony of Major Dennis R. Long,
St. Louis County Police Department, ST. LOUIS BEARINGS;. December
6, 1991, at 261 Testimony of Clarence Harmon, Chief of Police,
St. Louis Metropolitan Police Department, ST. LOUIS HEARINGS,
December•6, 1991, at 40'(The goal of the department has been to
have 50% minorities in each recruit class,, - and that since before
the 1990's about 47%..of. the . class,. has been minorities.);
Testimony of Kenneth Each; Chief of Police,.North Miami Beach
Police Department, MIAMI HEARINGS, November 23, 1991, at 370-373.
(No wants to bring the. ratios* of minorities within tho..polico
j,
deamsrtuho�Ypptopitiori.)' t
.. -.. • • • •• •: ••. ,•11 .. M��� •M. '� ,, ..i•••�• ..1i.... '�•.'.•• •• ..«. • •'»I ... • .•. •a••• r . J'� . to
• 93-. 25.5
Of the area err' serve that would hopefully be our
minimum."364
_ Some of the departments have recruitment plans described by
-
witnesses as "affirmative metier" plans, ranging from written
--
= plans365 to unwritten pol.cies.366 others have no
-
_ affirmative action plan of any kind.367 The Superintendent of
the Missouri State Highway Patrol testified that recruiting
minorities is a major part of their community relations program
-
= and that his department was committed to hiring "qualified
364 Lu Testimony of Major Dennis R. Long, ST. LOUIS
HEARINGS, December 6, 1991, at 26.
�
_ 365 ant 2 - a. , Testimony of Chief Charles wally Virginia
r �
Beach Police Department, NORFOLK HEARINGS, November 6, 1991, at_-
78; Testimony of Clarence Fisher, Superintendent, Missouri State
Highway Patrol, ST. LOUIS HEARINGS, December 6, 1991, at 18 (His
— - his department is in the process of revising its written
- affirmative action plan).
366 fim Testimonyor Dennis R.
of Ma Lon j g, St. Louis County
= Police Department, ST. LOUIS HEARINGS, December 6, 1991, at 26
- (His department follows ZEOC '
P guidelines, but doesn't have a-
;
written affirmative action plan.)= Testimony of Clarence Hermon,
_ Chief of Police, St. Louis Metropolitan Police Department, ST.,
-
LOUIS HEARINGS, December 6, 1991, at 56 (His department has a
Special Issues Review Committee that reviews affirmative action
issues in view of -federal legislation, but does not have.an"
affirmative action plan that would-be approved by a federal
agency and that identifies problems, establishes time tables, and
is specifically monitored.)
= 367 • �9s, Testimony of Kenneth Each, Chief of Police,
North Miami Beach, MIAMI HEARINGS, November 13, 1991, at 370-373,
_
(The department does not have an "accurate recruitment program"',
'and
or affirmative cation plan; bieause of'demographic growth the
— "ratios are way out.* The population of North -Miami Beaeh_is,-
. 436 white 3l 9 blacJ� and•. X4.6%• . e.
— . � � r � - �,f s�gausi , ••, w•3�ile• the pollee
'
department •is 7`74 �iiittaa; •6#''bi> k; aid ;hispanic:
f; ... .. •. _., .lid
. 93- 255'
minorities".368 In Houston, witnesses testified that an
affirmative action program for civilian appointments in the -
police department allows for greater flexibility in hiring
minorities, but that it is against state law to have an
affirmative action program as part of the hiring process in the
police or fire dspartment.369 Yn some cities, affirmative -
action plans have been the result of law suits. For example, the
United States Justice Department brought suit against the City of
Miami, resulting in a 1984 consent decree.370
Several police departments have specifically targeted local
organizations for minority recruitment. A number of
departments -- for example, the St. Louis County Police
)Department and the police departments in Norfolk, Virginia Beach,
:and Chesapeake, Virginia -- direct recruiting efforts at black
colleges, universities and/or churches.371 The Virginia Beach
368 An Testimony of Clarence E. Fisher, ST. LOUIS BEARINGS, —
December 6, 1991, at 9.
369 SM Testimony of Cathryn Whitmire, Mayor, HOUSTON
HEARINGS, November 19, 1991, at 17-18 (Whitmire testified that a. -_
proposal to allow the establishment of an affirmative action
program in the police department was strongly endorsed by the
Houston City Council and 44 other city councils and the Texas
XUnicipal League, but not adopted by the state legislature.).
370 an Testimony of Xavier Suarez, Mayor of Miami, XXAM1
HEARINGS, December 12, 1991,. at 72.
371 sm Testimony of Ian Shipley, Chief, Chesapeake Police
_ Department, NORFOLK BEARINGS, November 6, 1991,at 731 Testimony
of Major Sheldon Darden, Chief of Operations, Norfolk Police
—� Department, NORFOLK HEARINGS, at 771 Testimony of Charles Wall,
Chief, Virginia'eeach Police Department,'NORFOLK HEARINGS, at 75- -
= 76; Testimony'of Major Dennis R. Lonq,. St. Louis County Police
Department,.. ST.. -Z4UIS . HE&1=G8 i Decamlp6r. b, :1991, at 11. $" LUg -
- :Testimony of:,Assistsnt Cti3e!`=Coiitrrran R USTON HF iGs;' j
• ; 9-3- 255 k
-- - - - 7
Police Dopartfnant has contacted the local NAACP and suds
-recruiters to speak with officers who have been laid off from _—
other police departmsnts.173 witnesses in Norfolk testified
that representatives from the Norfolk and Chesapeake Police
Departments attend job fairs to recruit for their
-dopartments.373
A number of police departments attempt to recruit from the
military. The Houston Police Department targets military bases
and persons with honorable discharges.374 Representatives of
the Los Angeles Police Department and the Norfolk, Virginia
Police Department testified that they also recruit from the
military.373
Some police departments make use of the media in their - -
recruiting efforts. The Lou Angeles Police Department advertises -
- in the press and'on radio programs directed at minorities and
November 19, 1991, at 66 (his department targets local colleges
for recruiting).
373 SM Testimony of Chief Charles Nall, Virginia Beach
Police Department, NORFOLK CGS, November 6, 1991,'at 75-76.
373 LU Testimony of Ian Shipley, Chief, Chesapeake Police
Department, NORFOLK HEARINGS, November 6, 1991, at 73; Testimony
of Major Sheldon Darden, Chief of Operations, Norfolk Police
Department, NORFOLK HEARINGS, November 6, 1991,. at 77.
374 $U Testimony of Assistant Police Chief Contreras,
Houston Police Department, HOUSTON HEARINGS, November 19, 1991,
at 66, 80 (Contreras testified that the Houston police consider
themselves "a very military organisation.").
395 $n Testimony of lthsw Hunt Deputy Chia hum _
P y f, Angeles
Police Department, tAS ANGELES HEARINGS; December 3, 19910, at 41
. Testimony ;�f :Major:.Sh,doon, Darden, thief : of .Oparatios,.. Norfolk. -
:Departmir�ti; `NORP'OL6;�BEAR=NGB,: Nowimbir 6' 199T' at� 77.*
Police
• 140' .
.... .•. :.. .93— 255.
a.
uses the media to make public service announcements.376 The =
Chesapeake Police Department has advertised in African American
newspapers, and its representatives have spoken on minority radio =
stations.377 Houston uses mass media and an advertising agency =
to do nationwide recruiting.379
Representatives of several police departments testified they
have developed now programs to increase minority representation.
The Chief of the St. Louis Metropolitan Police Department
testified his department has worked with the urban League and a
local business to sponsor a scholarship program at the University
of Missouri, St. Louis: participants are given a four year —
scholarship in the form of a loan to pursue a degree in criminal
justice and can repay the loan by working in the police
department for five years.379 The Los Angeles Police
Department provides materials to officers to do "one-on-one
recruiting" among friends, relatives and acquaintances. The LAPD
376 LU Testimony of Matthew Hunt, Deputy Chief, Los Angeles
Police Department, LOS ANGELES HEARINGS, December 3, 1991, at 41.
377 LU Testimony of Ian Shipley, Chief, Chesapeake Police
Department, NORF'OLK BEARINGS, November 6, 1991, at 73. _
-- 378 Lft Testimony of. Assistant Chief Contreras, Houston _
Police Department, HOUSTON HEARINGS, November 19, 1991, at 66-67.
However, Rev. Jew Don Honey, National Black united Front,
testified Houston spent $300,000 on a pubic relations effort.to
recruit minority police, of which.$455,000 went to white firms.
In one year Houston recruited 14 minorities. In 1991, up to the
date of the hearings., of 159 recruits, 14 were Black and 26 were -
Hispanic. Am HOUSTON HEARINGS, November 19, 1991, at 389-394.
379 fin Testimony ot•••Clarence',Harmon , Chief, St. Louis
Metropolitan Police.Department, ST. LOUIS HEARINGS, December 6,
1991, at 40 (Harman testified that there,were ZO African American
.. • students ; •ii�• ti. 'progr�az:,�•:: �- .j • '� ::� ,; . ; ::,
• • 93.- 255
also has pre -training of candidates to help ensure their success
at the academy.380 in addition to other recruiting efforts,
the Norfolk Police Department has held study sessions with the
local Urban League to help teach police officers how to take a
test.381
Officials'of other police departments testified to
proposals for changes in recruiting. The Superintendent of the
Missouri State Highway Patrol testified that his agency planned
to get more active in high schools and hoped to soon establish an
annual recruiting plan to provide goals and annual training for
recruiters.382 Miami's Chief Ross testified that his
department was currently recruiting within the Haitian community
to increase Haitian representation in the Miami Police
Department.383
Some of the departments have significantly increased the
number of minority officers in recent years.384 For example,
380 LU Testimony of Matthew Hunt, Deputy Chief, Los Angeles
Police Department, LOS ANGELES BEARINGS, December 3, 1991, at 41.
381 a4 Testimony of Major Shdldon Darden, Chief of
Operations, Norfolk Police Department, NORFOLK BEARINGS, November
61 1991, at 77.
382 fin Testimony of Clarence Fisher, ST. L400 8 BEARINGS,
December 6, 1991, � at 9..
383 fin Testimony of Calvin Ross, M2AMI HEARINGS, November
13, 1991, at 461.
384 According to a 1992 survey of police departments in the
80 largest cities regarding the employment of black, hispanic and
s female officers,. American police.departments made only modest
progress in employing African American and Hispania police
officers between 1982 and 1988,.but made greater progress between
1988 and ,199Z • �ihi a;,.fit comparable- survey. found .hSt only. 100 of .
• 93- 155
in the Miami police department, minority representation increased
from 444 in 1980 to 66* in 1990.393 Ninety percent of the
Population of Miami is atinority.386 2n the same period,
minority representation increased from 13.89 to 42t in the Metro -
the cities had reached a hypothetical ideal level of employment
(using an index comparing the percentage of a racial group in the
police department against the percentage of that group in the
local city population according to census figures) for both black
and hispanic officers in 19880 by 1992, 38% of the police
departments had reached the ideal level with respect to black
officers. Twenty percent had reached the hypothetical ideal
level for hispanic officers, and none came close to the ideal
level in employing females. The survey did not address the causes
of progress or lack of progress in individual police departments.
SAMUEL WALKER AND R.H. TURNER, A DECADE OF MODEST PROGRESS:
EMPOLYMENT OF BLACK AND HISPANIC POLICE OFFICERS, 1983-1992
(university of Nebraska at Omaha, October, 1992).
385 SM Testimony of Calvin Ross, Chief of Police, Miami
.Police Department, MIAMI HEARINGS, November 13, 1991, at 444
(Ross testified that in 1980 the composition of sworn personnel
was 59t anglo, 17% black and 25% hispanic, but is now 33# anglo,
21t black and 45% hispanic. The current Miami population is 109
anglo, 27% black and 63t hispanic.) Am also Florida Advisory
Committee to the United States Commission on Civil Rights report:
Police -Community Relations in Miami, November, 1989 (the report
notes the improvement in the number of blacks and other
minorities in the Miami and Metro -Dade Departments, the failure
of the Florida Highway Patrol to comply with a court -ordered
affirmative action plan, and complaints that the Florida Highway
Patrol uses Dade County as a "dunping ground" for officers in
need of disciplinary action.).
I
The 1990 Annual Report of the Miami Police Department gave
the following demographic breakdown:
' White
Black Latin i
Miami 10.1%
27.4% 62.34
Police Department (total) 28.7%
30.4% 40.4%
sworn 344
20.7% 44.78
civilian 15.9%
33.7% 30.1%
Comaxt Mich 1992 report that 22.4% of
the department is
African American and 47.2% is Hispanic, while African Americans
constitute 27•.48 and Hispanics 61.s8 of'the
Miami population.
. SAMUEL WALKER AND R.B. TURNER, MUM note-384.
- �•�
Dade police department.307 Metro -Made Director Taylor
testified that for the last tart _ years, minorities have comprised
70 to 904 of each academy class.388 Sixty percent of Dade
County is minority.389
Betvaen 1983 and 1993, the number of African American
officers in the Los Angeles police Department increased $1.8%.
African Americans constituted 14% of the population in 1990 and
14.38 of the Los Angeles Police Department in 1992. In contrast,
the number of Hispanic officers on the LAPD increased only 12.28
in the same period. While 39.3% of Los Angeles is Hispanic, only
22.3% of the LAPD is Hispanic.390
Between 1986 and 1991, minority representation in the
Indianapolis Police Department increased from 13.98 to
i 17.4%.391 The Chief of the Virginia Beach Police Department,
387 LU Written materials submitted at hearings by Metro -
Dade Police Department, MIAMI HEARINGS, November 12-13, 1991:
Metro -Dade:
Anglo Black Hispanic
1980 84.28 8.18 7.7% _
1990 57.78 15.4% 26.6% '
County pop. 408. 198 41%
L also Florida Advisory Committee to the United States
Commission on 'Civil Rights report: F.2 ice -Community Rtlat _erg in
HJUL, November, 1989.
388 Testimony of Fred Taylor, mum HEARINGS, November
12, 1991, at 87.
389 id.
390 SAMUEL WALMM AND R.B. TURNER, MMM note 384
391 Testimony of Paul Anse, Chief of Police,
Indianapolis Police Department, INDIANAPOLIS HEARINGS, December
- i 17,;. 1991, at:;53:.:.: � ;195f2 •port• that.;17..8#; of .the
. .. .. 93 - 2'5•5
testified that 12% of the force are minorities, an increase of 24
a decade before, and comparable to the minority population of the `!
city. He also testified that no academy class in the past ten
years started with fewer than-23% minorities and lemales.392
The Superintendent of the Missouri State Highway Patrol testified
that more minorities had been hired in the last three years than
in any comparable time period and now comprise 6.6% of the total
work force and 9.3% of the patrol officers.393 However, -the
department's definition of "minorities" includes temales.394
Officials in some cities testified that they were not
satisfied with the current level of African American officers in
the police department. The Vice -Mayor of Norfolk testified,
"[wle have an affirmative action plan and it's one of the areas
. that I an less proud of. We have not been able to get the
number of black policemen in the police department . . . that I
Indianapolis Police Department in 1392 was African American, in
contrast to 22.6% of the population of the city (1990 census
figures). SAMVEL WALKER AND R.S. TURNER, MRra mote 384.
392 an Testimony of Chief Charles Wall, Virginia Beach
Police Department, NORFOLR HEARYNGS, November 6, 1991, at 470, 78
(Nall testified that over the same period, the percentage of
females increased from 2% to 15%). CgUara Hith 1992 report that
8.3% of the Virginia Beach Police Department is African American
and 1.0% is Hispanic. SAMVSL NALRER AND R.S. TURNER, allRra note
384.
393 fin Testimony of Clarence Fisher, Superintendent,
Missouri State Highway Patrol, ST. LOtr1S HEARINGS, December 6,
1991,.at 9 (62 of the uniformed officers are African Americans,
while .there arc90 minorities•"wearing the blue uniform.").
.. ' .. •J •., •�.�94•':�• 'st'• I.�V•j .rr• "• r' ` , •••.• ••`r•� r f. .•' t... :ti t•• ^. .!». :r ..
' 93-•255.
r had hoped that we would hav had by this tiae."395
`- Chesapeake police Chief Shipley testified his department had
tried for a number of years to increase "aincrity
representation," and had been.secognised for its efforts, but he
was not satisfied with the 13% minority representation among
sworn personnel.396 The Mayor of Chesapeake testified that,
inasmuch as Chesapeake had an African American population of 28%,
there is "room for improvement."397 Similarly, a police
representative from the St. Louis County Police Department
testified that " M espits an extensive effort to recruit minority
applicants for a career in law enforcement the Department has not
achieved the level of success that [it] had anticipated."398
to that police department, 7% percent of.commissioned officers
395 Testimony of Reverend Green,
Norfolk, NORFOLK HEARINGS, November.6,
Vice -Mayor, City of
1991, at 27.
396 fin Testimony of Chief Ian Shipley, NORFOLK HEARINGS, -
November 6, 1991, at 36-37 (Shipley testified that his department
had received an award within the last 3 years from the National
Personnel Directors Association and support and complements from
- the local NAACP. He testified there had been an increase of.3% —
in minority representation among sworn officers over the last
year.'.
397 Testimony of William Ward, NORFOLK HEARINGS, November 6,,
1991, at 99.100.
398 Testimony of Major Dennis R. Long, St. Louis County
Police Department, ST. LOUIS HEARINGS, December 6, 1991, at 11
_— (Long testified that between.October,'.1990 and October, 1991, 202
of the applicants were "minorities," and 32% of those hired were
"minorities," consisting of.six black males, three white females
and . one hippantc . pnls b� ..: ; : • : • . • . .;. f. • .'r ' • .
- 93-•'255 _
are minorities and 6% are female, in contrast to a county _
minority population of 11%. 399 —
Other departments have made some progress in increasing --
minority representation, but they still do not nearly reflect the
population they serve. In the St. Louis Metropolitan Police
Department•', 284 of the commissioned officers are -
mincrities.400 In contrast, 47% of the population of St.
Louis is African American.401 Between 1988 and 1991, the
percentage of African American commissioned officers in the St.
Louis Metropolitan Police Department increased from 22.8% to
27.2% 402 During the same period, 55% of the 400
commissioned officers hired by the department were white (48%
male and 7% female), while 44%% were African American (34.5% male
and 9.5% female).403 A St. Louis witness stated that even if --�
the department not its goal of having 50% of new officers being
399 at 11. (Major Long did not further define
"minority.").
400 &U Testimony of Clarence Harmon, ST. LOUIS BEARINGS,
December 60 1991, at 40 (Harmon testified total minority
representation, commissioned and civilian, is 32%, including 30%
of the command staff.).
401 in Testimony of Col. William H. Young, St. Louis Black
- Leadership Bound Table-, ST-. LOVIS'HEARINGS, December 6; 1991, at
61. fi also SAMUEL WALKER AND K.B. TURNER, &=M, note 384 =
(47.5% of St. Louis is African American compared to 28.2% of the
police department.)
402 written materials from St. Louis -Metropolitan Police
Department, ST. LOUIS HEARINGS', December 6, 1991.
403 .. =.•.
.. .. 93 255. ;-
ainorities, it would take until 2015 or 2020 before the St. Louis
Police Department would be "be on par with the population."404
Minority representation in the Houston police department is
dismal. While blacks constitute 28% of Houston's population,
only 13% of non -civilian personnel are black.403 sixty-two
percent of Houston "officers" are white wales, while. Houston
itself has a white population of 44%.406 The Sheriff's
Department in the Houston area was likened to apartheid.407
Even where overall minority representation has increased in
a police department, the increase may be related more to
404 Statement of Bade, ST. LOUIS HEARINGS, December 6, 19911
at 46.
405 Similarly, Houston is 28* Hispanic, but only 12% of non -
civilian personnel are Hispanic. MM Testimony of Elizabeth
Watson, Chief of Police, HOUSTON HEARINGS, November 19, 1991, at
31-32, 35. compare with SAMUEL WALKER AND R.B. TURNER, 8=ra note
384 (African Americans constitute 28.1% and Hispanics 28.1* of
the population of Houston (1990 census figures), while in 1992
14.7% of the police department is African American and 12.5% is
Hispanic.) .
Houston has recently increased the educational requirements
for new hires. A Testimony of Cathryn Whitmire, Mayor, HOUSTON
HEARINGS,'November 19, 1991, at 15. What effect the change will
have on minority representation in the police department remains
to be seen.
406 Overall, non -civilian numbers are 73% Anglo, 15% black,
12% Hispanic, 1% Asian.
407 &" Testimony of -Perry Wooten, Chairman of the Board,
Afro American Sheriffs Deputies League, HOUSTON HEARINGS,
November 19, 1991, at 235 ("In the Sheriff's Department we
have our own apartheid here in Harris County." They and the
NAACP have filed a lawsuit challenging the Sheriff's Department
—' for its hiring, promotions, disciplinary actions and racial
-' harassment. 'In the *Sheriff's• Department, 188 of the 3800
—' deputies.are black: nche•of the administrative positions-is..held
-+ by a black .or an .hispanic,, and there is .o�ly.•,one black captain.
at. 238 *239;148.
2i9:•_..:. �f , t • _. ;
93- 255
increases in the civilian personnel than in the sworn work
force.408 Clearly it is the sworn work force which is the
most visible in the community. It is the interactions between
these officers and the community which give rise to the most
serious allegations of misconduct. ror example, while African
Americans constitute 30.4% of the Miami Police Department in a
city with a population that is 27.4% black, only 20.7% of the
sworn force is black (30.4% of the civilian personnel is black).
In contrast, whites make up 34% of the sworn ranks, while only
10.1% of the population of Miami is Vhite.409
Some police representatives described the positive
consequences of increased minority representation in their
departments. The Chief of the Long Beach Police Department in
California testified - that affirmative action has been a major �--�
influence in changing his organization.410 The Chief of the
Chesapeake Police Department testified he expected his
departments' efforts to increase minority recruitment, training,
and career development to improve the department's capability and
408 Some officials described having greater flexibility in
civilian appointments. ftq s.v.&, Testimony of Elizabeth Watson,
Chief of Police, HOUSTON HEARINGS, November 19, 1991s, at 31-32.
409� note 385: -
410-An Testimony of Lawrence L. Binkley, Chief, Long Beach
,. .P�lics Departms31t;: '?AS ,1�NGELE�; -December* • 4, ,1991', At 67.
image, to reduce turnover rates, and to reduce the incidents of
misconduct.411
6.
In the Houston Police Department, white males constitute
97% of the captains, 874 of the lieutenants and 61% of the
sergeants.412 A Houston police officer testified that there
are very few Hispanic or African American lieutenants, sergeants
or captains.413 only 5.74 of supervisory positions are held
by African Americans, and only 7.5% are held by Hispanics.414
African Americans constitute 22% of the command rank in the
St. Louis Metropolitan Police Department,415 while St. Louis
411 In Testimony of Chief Ian Shipley, NORFOLK HEARINGS,
November 6, 1991, at 37-38 (His department's efforts are
reflected in a low turnover rate and advancement of minorities in
supervisory positions.).
412 fin Testimony of Elizabeth Watson, Chief of Police,
HOUSTON HEARINGS, November 19, 1991, at 17-18, 31-33. Chief
Watson described affirmative action for recruits and intermediate
commanding officers as "dismal" and hamstrung by state law, which
the City Council and 44 others had tried unsuccessfully to get
= amended.
413 fiM Testimony of Justo Richard Garcia, President,
Houston Police Organization'•of.Spanish Speaking Officers, HOUSTON
HEARINGS, November 20, 1991, at 10..
414 l Alm written submission from Houston Police
Department (letter dated November, 1991.).
415 fin Testimony of Col. William H. Young, St. Louis Black
Leadership Round Table,.ST. LOUIS HEBRINGS,,December 6, 19911 at
_ too• 93 .255•
-- a
has an African American population of more than 47%, In the
Virginia beach Police Department, African Americans constituted
8.34 of the force in 1992, but only 1.8% of those in the
supervisory ranks.416 Sven where the overall numbers of
minorities in the police department have increased substantially,
few African Americans have risen far in the ranks. For example,
in the Metro -Dade Police Department only 8.5% of the sworn force
above the rank of patrolman is black.417 In the top 65
positions, 77% are white, 11% are black, and 13.8% are
hispanic.418 In -the Los Angeles Police Department, the
percentage of sworn officers who are African American is
comparable to the percentage of African Americans in the
population of Los Angeles, but only 8.5% of the officers in
supervisory positions are African Americans. Hispanics, who
comprise 33.3% of the city population, constitute 22.2% of all
sworn officers and 14.3% of the supervisors.419
416 SAMUEL WALKER AND K.B. TURNER, supra note 384 (according
to the 1990 census, 13.9% of the population of Virginia Beach was
African Americana .
417 S4 written materials submitted by Metro -Dade Police
Department, MIAMI HEARINGS, November 12-13, 1991, (12.3% is
Hispanic).
418 fin Testimony of Fred Taylor, Director, MIAMI HEARINGS,
November 12, 1991, at 118, and written materials submitted by
Metro -Dade Police Department (Director Taylor testified he is
pleased with the racial composition and,changa over the last
decade in the rank of initial supervisors and in the appointed
positions - he and the county managa- appointed the top sixty
positions - and that the weakness; if any, is is the middle
management jobs.). .
419" SAMUEL. �tl�? t~'�11�fD- X. B. j fitJRNffit•' � note 384 .
93255
f A St. Louis County Commissioner and the first African
American to sit on the St. Louis County Police Board, described
the need for greater representation of minorities in the
supervisory ranks of the St. Louis County Police Department:
working within the budget vo currently have I'd
like to see minorities qet a bigger piece of the pie -
. . . more than two black sergeants and one Rispanic
sergeant [in] . . . a number of 57. I'd like to see
more than one black lieutenant in a number of 16. I'd
like to see a captain, I'd 4fi ke to see a major, I'd
even like to see a chief.
In some departments -- for example, the St. Louis -
Metropolitan Police Department421 and the Miami Police
Department, and, since the NAACP hearings, Los Angeles and
Indianapolis -- the Chief of Police is African American. The =
Houston Police Department recently had an African American Chief
of Police, who left and became Chief of the Nov York City Police
Department. While representation of minorities at the highest
level of the police department is commendable, it is no
substitute for equitable representation throughout the
department. The overall representation of minorities in the =-
ranks of patrol officer and in the supervisory ranks is
420 Testimony of Odell McGowan, ST. LOUIS HEARINGS, December
61 1991, at 33. &U also Testimony of Major Dennis R. Long, St.'
Louis County Police Department, ST. LOUIS HEARINGS, December 6,
1991,.at 12 (Currently.l8%•.of all minority officers hold
supervisory or command positions in his department.)
421 An. Testimony: of. Clarence. Harmon,. Chief - of Police, ST.
LOIIIS HEARINGS, December 6, 1991, At 40.(He is the department's
first African American Chief and had been Chief for four months
at the .time of, bearings) ;•,:,• •:• , - r : ;.. ;; :{ :�_•
-. 93- 255
poor.422 In New Mork City, the percentage of African
Americans in the sworn ranks did not increase between 1983 and
1902, remaining at 11.4% of the sworn force, despite an African
American population of 28.7# in New York City.423 The
director of a Houston community group testified that while the
former African American Chief of Police had a -different and
better concept of policing, and that he "was more accessible to
the broader community, and there was more of an ear given to
complaints by citizens . . . the problem is more systemic, and
brutality can even increase with a black Chief -- due to the
illusion of fairness."424
Some police officials testified that local laws hinder
affirmative action for recruits and intermediate commanding
officers. For example, in the Houston Police Department
promotions are based solely on seniority and a multiple-choice
test.425 "Nothing is allowed to be taken into account about
performance, leadership ability or anything else."426 The
Mayor of Houston testified that it is against Texas law for
422 A, &UM text and accompanying notes 136-150.
423 SAMVEL HALMM AND R.B. TURNER, &,R note 384.
424 Testimony of'Daloyd Parker, 8xacutive Director of SHAPE,
HOUSTON HEARINGS, November 19,.1991, at 236-257.
425..Testimony of:Blizabsth-Watson, Chief of Police, Houston
Police Department, HOUSTON HEARINGS, November 19, 1991, at 35
t"[T]he officers themselves criticize [the promotional system] as
a multiple choice exam that.is memory-driven."�.
426 Testimony of Cathryn whit&irs, .Xayor,. HOUSTON HEARINGS,
• Novi'tmbet'•:a.9�;'�.99a.t•`31• .�+ .":. •, s • ,
Nt ,
police or fire departments to have an affirmative action program
as part of their promotional process.427 "That has resulted
in it taking a very long time to remedy the traditional
discrimination that has occurred in decades past, in the
advancement of ethnic minorities in our police department and our
fire department. That's something that needs to be
changed."428 In contrast, the Houston Police Department has an
affirmative action program with regard to civilian personnel
"that has allowed for better ethnic representation and
diversification in that area."429 A task force has been
authorized to improve the promotional system and include
performance and a verbal assessment.430
Minorities are also underrepresented in the specialized
units of many police departments, positions which are often
considered desirable. There are no African Americans in the
internal affairs division in the Houston431 or St. Louis
County Police Departments.432 A St. Louis witness testified
427 at 17.
428 at 18.
429 ,1d. at 32 (whitmire testified they are not restricted by
state law in their management of civilian personnel.)
430 an Testimony of Elizabeth Matson, Chief of Police, -
Houston Police Department, BOUSTGN BEARINGS, November 19, 1991,
431 AM Testimony of Rev. Honey, RMSTON HEARINGS, November
; 20::..
432 ,&U Testimony of.Xajor Dennis R. Long, St.. Louis, County —
Police' Department; ' ST." S �8FJ1'NGS;' Dacembtr ' 6;: 1991, at 29...154*
255
;
— that there are few African Americans in the specialized units in
T the St. Louis Metropolitan Police Department, including homicide,
narcotics, fraud, and arson, at least in part because they have
not had equal opportunities to•attend specialized academy
training.433
Some departments have adapted their policies for promotion -
• to increase the number of minorities eligible for promotion. The =
St. Louis County Police Department amended its written
examination and omitted the requirement of a bachelor's degree
for promotion to lieutenant or captain.434 As a result, the
— number of applicants eligible for promotion increased by
30%.435 In Houston, successful efforts were made to change
= state law to allow flexibility in promoting to the "highest
= command levels.n436 The Metro -Dade Police Department created '
two new ranks (master sergeant and first lieutenant) as a "way to
433 &U Testimony of Col. William H. Young, St. Louis Black
Leadership Round Table, ST. LOUIS HEARINGS, December 6, 1991, at
68.
434 an Testimony of Major Dennis R. Long, St. Louis County -
Police Department, ST. LOUIS HEARINGS, December 6, 1991, at 11
(Long testified that the degree requirement is waived if the
officer has five years experience in the next lower rank).
435 Id. at 11 (Major -Lon did not testify as to whether the =
changes in policy had had an impact on the number of African
American or other xincrity_.officsrs participating " the
promotional process).'
436 Testimony of Cathryn Whitmire, Mayor, HOUSTON HEARINGS,
Novsmbir 3.9, 2991; -at.- is: "'-Mayor i0hita�ore ixpressad great pride in
the'diversity at these levels•(of 11 assistant chiefs appointed
y ; by thw Chief and confirmed by, the :city, council;..2 arm Hispanic, 2
,,irar• Altican llm4cica�ii • hrid oiiei ' is' fimdli). R. ` '•� '
. • .. 155 9 - 255 t
I
increase minority participation."437 The Chesapeake Police
Department has established an "alternative career path" that
allows officers who do not want to supervise to increase their
professional status and pay without competing for
promotions.438
The Chief of Operations in the Norfolk Police Department
testified, "[Ilt's a business necessity to have, may, a minority,
or female, or black supervisor in certain communities to deal
with certain problems ."439 Recognising the lack of
African American officers in certain ranks, the department
developed plans to allow officers to increase their pay and
prestige without applying for promotions.440
j_
437 Testimony of Fred Taylor, Dirsator, Metro -Dade Police '-
Department,_M7.ANI HEARINGS, November 13, 19910, at lie.
438 $44 Testimony of Chief Ian shipley, NORFOLK HEARINGS, -
November 6., 1991, at 37-38.
439 Testimony of Major Sheldon .Darden, Norfolk Police
Department, NORFOLK XCA INGB, November 6,. 1991, at 87 (Darden- -
testified .that'vhen he aado� pAptain•, a reverse discrimination ;-
complaint was filed)., j=
G. POLICE DEPARTMENTS ARE 99GINNINO TO RESPOND TO
THE NEEDS OF THE COMMUNITY IN POLICE TRAINING PROGRAMS
1.
Citizens, police representatives, and elected officials
testified that police officers should receive training in
cultural sensitivity and violence reduction in order to improve
police -community relations.441 One citizen, expressing her -
concern about the lack of such training for officers, testified, _
"Much of their time is spent putting us in jail as opposed to
441 r e.g., Testimony of William Hudnut, Mayor,
INDIANAPOLIS HEARINGS, December 17, 1991, at 12, and Testimony of ,-•�
David Shaheed, President, Marion County Bar Association,
INDIANAPOLIS HEARINGS, December 17, 1991, at 135 (advocating `- -
.continued training, including sensitivity training of police
officers despite their longevity on the force); Testimony of Doug _
._Elder, President, Houston Police Officers Association, HOUSTON
HEARINGS, November 20, 1991, at 66 (Elder testified his
organization supported proposed legislation to make cultural
diversity and sensitivity training mandatory for all police -
officers in Texas.); Testimony of Helen Gros, ACLU, HOUSTON
HEARINGS, November 19, 1991, at 159 ("Officers must be trained
not only in the essentials of law enforcement and Criminal
Justice, but also in interpersonal relations."); Testimony of
Deloyd Parker, SHAPE, HOUSTON HEARINGS, November 19, 1991s at 266
(officers presently on the,foree and on the streets should we
back for further training in cultural differences); Testimony of
Liz Morris, Educating Coordinator, Houston Area Women's Canter,
HOUSTON HEARINGS, November 19, 1991., at 80.(the report of their -
family,violence unit r,scommended mandatory training for all
levels in the police department to eliminate sexist, racist and
homophobia behaviors, as•well'as•inereasing tmale
officers.); Testimony of Xavier Suarez, Mayor of Miami, MIAMI
HEARINGS, November 12, 1991, at 50, 74 (Suarez testified his
recommendations to•the city manager:and-police chief for
sensitivity•p•Fa�s for•offiears to live in the area, and to gointo the commun in non-professional settings has not been well
• . received' because of 'b eaucracy
• Fis7 93— 255
{,..
ww ( understanding that weirs a decent kind of people. They always
want to stop us and find out who we are.w442 The Mayor of
Miami testified, ". [Slone officers, who have not been in
that community, do not know that particular ethnic group and
react in a particular way and that is a concern of extensive
training."443
Most of the police departments who were represented at the
hearings have instituted some kind of training on these
topics.444 However, there is a great deal of variety in the
focus of the respective police departments on basic and in-
service training of officers in these issues.
An official of the St. Louis County Police Department
testified that state law requires 600 hours of training, 40 of
which are devoted to cultural awareness training. The training -
includes topics such as "sensitivity in minority communities" and
uses role playing techniques.445 Recruits in the St. Louis
Metropolitan Police Department receive 40 hours of human
i
i
442 Testimony of Mary Redd, Urban League, NORFOLK HEARINGS, !_
November 6, 1991, At 156.
443 Testimony of Xavier Suarez,. MIAMI HEJUWGS, November 12, _-
1991, at 30, 74.
444-A",-.e,SC.. Testimony of Chief Charles Wall, Virginia.
Beach Police Department, NORFOLK HEARINGS, November 6; 1991, at 58. 445An Tisti.mony of Major Deimis R. Long, ST. * L S `-
i HEARINGS, December 6 1991, 6t 23. ,
1S8 t_
255.
relations training,446 while 30 hours of the 1000 hours of
basic training for the Missouri State Highway Patrol are devoted
to "policing in America," described by a police official as
dealing primarily with cultural awareness.447 In the Miami
Police Department, 50 of $20 hours of basic training are
dedicated to cultural awareness, sensitivity, and community
relations.448 In the Metro -Dade police department 120 of 700
hours of basic training focuses on dealing with viclence.449
A Deputy Chief in the Los Angeles Police Department
testified that following the "Rodney Ring incident," the LAPD had
extended basic training at the academy from six to seven months
and was " concentrating on addressing such issues as
culture awareness,•respect for the individual, use of force,
discipline . ."450 Deputy Chief Hunt testified that the
446 &ql Testimony of Clarence Harmon, Chief of Police, St.
Louis Metropolitan Police Department, ST. LOUIS HEARINGS,
December 6, 1991, at 41.
447 In Testimony of Clarence Fisher, Superintendent,
Missouri State Highway Patrol, ST. LOUIS BEARINGS, December 6,
1991, at 8, 23.
s
448 fin Testimony of Calvin Ross, Chief, Miami Police
Department, MIAMI BEARINGS, November 13, 1991, at 469.
449 An Testimony- cf 'Fred. Taylor, Director, .Metro -Dade .
Police Department, MIAMI HEARINGS, November 12, 1991, at Be. i-
4,50fin Testimony- of Matthew 'Hunt; • Deputy Chief, Los ]Angeles
Police Department, LOS ANGELES HEARINGS, December 3, 1991,
at• •37: , .. .a .. % •...
sir months of training at the academy was "barely adequate to
take care of the complexities in our society today."451
Cadet training in the Houston Police Department includes
sixteen hours of "cultural sensitivity training."452 Chief
Matson testified that classes in cultural awareness and
sensitivity alone are not sufficient, even when followed by field
training; it is important to have officers "out in the community,
learning firsthand ghat the community cares about." Her
department is "completely revising" the training curriculum to
bring community representatives into the classroom to "share
their experiences."453
Clearly short-term training in cultural awareness and
sensitivity, though a step in the right direction, does not
guarantee that new officers will be respectful to minority
citizens and will refrain from misconduct, particularly if they
work in a climate of prejudice and hostility to minorities (both
towards minority officers and citizens).454 Miami's Chief of
451 =. at 53.
452 $M Testimony of Elizabeth Watson, Chief of Police, and
Testimony of Contreras, Assistant Chief, HOUSTON HEARINGS,
November 19, 1991, at 70-72.
c
453 fin Testimony of Slizabeth'Watson, HOUSTON BEARINGS,
November 19, 1991, at 10-11.
454 Twi ty ,piirczent (20#) responded .. to a questionnaire sent
to all 5500 employees of the Houston Police Department (77% male,
67% White, .19%. Black,. _ 6t Hispania,. 2. t .Asian; 704; officers, 25%
civilians.) Between one.third and one half reported they had
experienced sex or race discrimination and did nothing about it
`\f due to, fear, of .retaliation:., Sixty, -?loin percent felt race.
Police testified that ongoing retraining in cultural awareness,
after experience on the street, will have a greater impact on
police officers than will courses at the police acadony.485
The president of the Houston Police Organisation of Spanish
Speaking Officers, referring to what he viewed as an "excellent"
class on cultural differences, testified:
[T]he attitude of the class was hostile. These
attitudes . . . take a long time to form. . : .
[O3ne day of training out of seventeen and a half
I have been in the department is insufficient.
Discrimination has taken on a new face. It has
become very sophisticated . . . by using the rules
in our manuals to go ahead and allow th o
exclude minorities from upward mobility.
discrimination was present in the department, and 420 felt there
was sex discrimination in the department. Significantly, 72.5*
felt that affirmative action resulted in reverse discrimination.
HOUSTON BEARINGS, November 19-20, 19911'Written submission: Final
Uis rimination and of the Grlevanes Procedures, July,31, 1991,
prepared by Vicki A. Lucas, University of Texas.
4515 an Testimony of Calvin Ross, Miami Police Department,
MIAMI BEARINGS, November 13,.1991, at 469.
456 Testimony -of Justo Garcia., HOUSTON BEARINGS, November
20, 1991, at 12-13.
• J 161 • 93- 255
w
Boma police departments have also instituted cultural
awareness, diversity, and violince reduction into in-service
training.457 The Chief of the Miami Police Department
testified that the department had no in-house programs in
sensitivity or cultural awareness in 1980.458 The department
has since instituted in-house training programs. For example,
some Miami police attend community relations seminars at a local
black college.459 All Miami officers are.required.to attend
"street wisdom" training, which addresses community concerns and
ways in which the police can improve communication with and
services to the multi -ethnic community.460 The Miami Police
Department has participated in the xingian non -violence training .
457 AM, Testimony of Major Dennis R. Long, St. Louis
County Police Department, ST. LOUIS HEARINGS, December 6, 1991,
at 23 (Lung testified his department has annual in-service
training on cultural awareness issues, but did not specify the
amount of training or who was required to participate in the
training.); Testimony of Chief Charles Mall, Virginia Beach
Police Department, NORFOLX HEARINGS, November 6, 1991, at 58
(wall testified that his department provides training in
"cultural awareness," managing conflicts to reduce conflicts, and
"verbal judo" as the first level of force; he did not specify the
amount or frequency of this training.).
458 AM Testimony of Calvin Ross, MIAMI BEARINGS, November
11, 1991,. at. 445..
459 .;A, .at .445... .
460 at 446, and written materials submitted by the Miami
Police .DepUT
art�ant.f . ;; 't : c•-: •.
J.
. .. i • . . t• . ,• : ..
93- 255
s for the past two years, designed to train persons to conduct in-
house training in non-violent conflict resolution.461 The
Miami police Department also has an eight hour "ethnic sharing
program" aimed at fostering respect for differences among the
officers themselves.462
In the Metro -Dada department, the following training is
givens stress awareness and resolution (40 hours): crisis
- intervention (40 hours): human and community relations (40
-
hours): violence reduction (40 hours) and alternatives to use of
force (8 hours).463 In Houston, plans were being made for 20
hours of cultural awareness training each year.464 The new
_
- ;chief of the St. Louis Metropolitan Police Department testified
- his department began an intensive cultural diversity training
program in 1991 that is mandatory for all officers, from patrol r•�
officers to the Chief, as part of the annual in-service
—
training.465 -
461 za, at 446 (Ross testified -the department spent $35,000
to support the training and had sponsored community _
representatives, students and ten police officers in this
program.).
-
462 a. at 446-447.
-- 463 U& Testimony of Metro -Dade Director Taylor,•MIAMI
_
HEARINGS, November 12, 1991, at 88, and written materials
y submitted by his department... The number of officers
-
participating in these programs, how often, and whether the
training is required or voluntary vas not specified.
464
fin Testimony of ElizabethGSWatson, Chief, Houston Police
-
p , HOUSTO HEARIN ,-November 19,.1991.; at 10-11.
465 SM Testimony of Clarence Harmon, ST. LOUIS HEARINGS,
'December. 6,. 19�1� :at ,41«., '. .:• :. . , .. ' ..t .
`:
gone departments have used *outside experts" to provide or
supervise training on cultural awareness issues.466 The -
Chesapeake Police Department uses a *minority team" of outside =
experts to assist with sensitivity training.667 Sn the
Houston Police Department "outside experts" have been used for
supervisory training, and the Anti -Defamation League gives
cultural awareness training and sensitivity training that also
focuses on the gay/lesbian community.468 However, there was
criticism of the choice of experts to give the "sensitivity -
training" as not being from the affected minority
communities.469 -
Miami's "street wisdom training" is taught by the National
Conference of Christians and Jews, and the "ethnic sharing"
program is conducted by the American Jewish Committee. The
National organization of Black Saw Enforcement Executives has
466 MM, e.g:. Testimony of Fred Taylor, Director, Metro -
Dade Police Department, MIAMI HERRINGS, November 12, 1991, at
122; Testimony of Jimmy R. Burke, Chief of Police, Opa Lock&
Police Department, MIAMI HE?RINGS# November 12, 1991, at 122. -
467 fin Testimony of William hard, Mayor of Chesapeake, _
NORFOLR BEARINGS, November 6, 1991, at ,117.
468 am Testimony of Elisabeth Watson, Chief of Police,
Houston Police Department, Z;0USTON.BEARINGS,.November 2.9, 19911 -
at 39. -
46%• �rsotimoriy••of Aft Edwards, HOUSTON HHARINGS,
November 19,- 1991, at 438 (Edwards was critical Of the Houston
"sensitivity tra�.ning" as :not. having: ,h�esn 4ssigned with oo�rmuni.ty.
- input. `j • ..: •.•;• ? _ • • . �.. ` :. �: '=�
- 164
also provided training to Miami police officers in conflict
resolution.470
While many of the police officials described the number of
hours devoted to "human relations# "cultural awareness" or
"sensitivity" training, whither basic or in-service training,
they® was little -testimony regarding the substance of the
training itself. The Basic Recruit Training Manual used for
Miami police officers describes a 320 hour program which includes
25 hours of "interpersonal training." Of these 25 hours, 4 hours
are devoted to crisis intervention techniques, 5 hours to stress
recognition and reduction, 4 hours to interpersonal skills, and 2
hours to human behavior/human needs. Only 2 hours are given to
"ethnic and cultural groups," with the stated goal of this
training being to "know the concepts of ethnic and cultural
groups and comprehend how the values, customs, and behavior of
different ethnic and cultural groups affect the performance of an
officer's duties." The remainder of the 25 hours deal with
problems of juveniles, persons with mental illness, persons with
mental retardation, alcohol and substance abusers, the physically
handicapped, and the elderly.471 While all of these topics
are important areas to address in training; the limited amount of
time devoted to "ethnic and cuitural•groups" raises questions
470 MM Testimony of Calvin Ross, Chief, Miami Police
Department, MIAMI HEARINGS, November 13, 1991, at 446-447.
471 an written materi42s provided by the•Miami Police'
• • .S ' • 163' •i
�....93:7. 55
( about whather'issues of race, class and gender are adequately
addressed in training.
N. RACISM HAS A DETRIMENTAL 'ZMCT ON LAW ZMRCMUM
Rickis Clark, a ranking member of the National Black Police
• Association, emphasized how race poisons the relationship between
law enforcement officials and the community they are supposed to —
serve, making any progress on issues of crime and community
relations almost impossible.
One of the outstanding problems that hinders
professional police work . is police brutality. .
. Brutality poisons the relationship between the police
and the community. . . . We therefore call on
legislators across the Nation to begin to address this
issue and work collectively at the national, state, and -
t local level on legislation to control thi lease .
of police powers and use of deadly force.�7 1
Herman E. Springs, Director of Police.at Norfolk State _
University, pointed out that community -police relations and
confidence in the police by the community is at an all-time
low.473 =
-The isolation of the police from minority communities only
serves to foster bad attitudes and ineffective police work.
Several of the law enforcement personnel testified that they
4.72 Testimony 'of-Rickis•Clark; hr*sidint; Fairness in Lea
Enforcement, INDIANAPOLIS HEARINGS, December 17, 1991, at 288-
261.
' 473•fift'Testimony'o!•Herman E. Springs, Director of Police
at Norfolk stag Oniversity, NQRfOLX BEl�INGB, November 6, 1991,
at
..•i _`•�'• i. •�•.•.�• 7. :FR.j'• •'• �• J ••+ ter' p�y`
lB6 93-W 255
0
understood that the police department could not afford to define
itself as an entity apart from the community. police Chief tan
Shipley testified, N[WI* readily reali2e that the effectiveness
of any social service agency is related to its ability to
understand the problems of those it serve and this understanding
must flow through the entire organization from the top to the
bottom and maybe more importantly from the bottom to the
top.n474
minority police officers live with racism on a daily
basis.475 Intra-department racism has a concrete effect on
the treatment and acceptance of minority officers within the
department and on the way officers interact with the public.
When radio messages include racist slurs and comments against
minority officers and there is discriminatory treatment within
the department, this reflects a -failure to enforce internal
police policies against racism. 'This failure greatly increases
the power of a relatively small number of officers who openly
474 Testimony of Ian Shipley, Chief of police, Chesapeake,
NORFOLK HEARINGS, November 6, 1991, at 45.
475 Almost all of those interviewed by the Christopher
Commission described the regularity of racially derogatory
remarks at roll call and the frequent posting of racist jokes and
cartoons on bulletin boards and in locker rooms. most, however
put up with such conduct -to avoid -being labelled sensitive or
thin-skinned. fiM Christopher Commission Report, at 79-80. The
report also summarizes a 1987 survey in which.45% of the African
American- officer'*,,' 3IV of* the ' Latino officers ' and '35* of the
Asian officers said they had encountered race discrimination; 45%
of African American male officers, 27% of Latino male officers
and 31% Asian male.officers.had-experienced..racial slurs by
supervisors; peers' .or .both;. 'chile. t�ae. percentages of females with
- such expariencas Were 408 African zvaa i 4L tin d
a
Asian•' egg r r can, 36• n 243
167
... 93- .255
M
make racist remarks and implicitly condones such conduct, When
those in charge allow day to day derogation to occur, regular
officers are discouraged from reporting such incidents.476 In
discouraging officers from reporting these events Within their
own department, they further discourage the reporting of abuse of
the population at -large by any police officers.477
Herman $. Springs, Director of Police at Norfolk state
University, believes that confronting police abuse and brutality
when the acts are occurring is the most effective approach. In
his.experience, disarming and arresting officers on the street
works.478 For him, it is imperative that black officers let
476 Some witnesses contrasted the strong response of the
department to narcotic use, theft and other criminal acts by
officers with the failure to enforce policies against racial -and
ethnic bias. fin The Christopher Commission Report, at 79.
477 When racist attitudes are allowed to fester this is to -
the detriment of a professional workplace. The ability to do the
job becomes clouded behind a haze of racial stereotyping.. Too
many patrol officers have a hostile and resentful attitude
towards citizens and treat the public rudely and with disrespect.
The techniques and procedures used by Los Angeles Police
Department tend to exacerbate potentially volatile situations, -
especially with minorities. Christopher Commission Report, at
99.
Add to this cloud of racism the siege mentality that has =
already infiltrated. many if •not• •all•• police departments and it is
easy to see how the war on crime aantality can become Nan attack -
on the minority community." E-
:47B : estimot�y `at`Bei-ma:t'8�rii� Director of Police at.a
•., rty ��• AJ
Norfolk ttatte University; RORFOLR MU INCS, 'Nov*mber 6, 1991, at
.. 26.. •• . ...•. .'. ' �• . , . ,
the commmunity know they will not tolerate misconduct by other
ponce office% .479 :f
The so-called "war on crime" and "war on drugs" are obvious
examples of selective and racist law enforcement. In the name of
t eradicating drugs, police have fait increasingly warranted to
harass, violate rights, and brutalize minority groups. In this
i atmosphere of battle, police have become as likely to turn on
law-abiding citizens as on those who violate the law. Rickie
Clark describes the impact of police brutality on law abiding
citizens:
Police brutality is a vital issue because it certainly
undermines the basic crime control function of a police
officer. The police must have cooperation from its
citizens in reporting crime and giving evidence in
order to control crime. Brutality . . . leads the
people to fear and distrust the police as much as the
criminal. The citizens cooperation -- that is
absolutely essential in fighting crime, will Mor be
forthcoming while police brutality continues.
Police abuse in all forms undermines cooperation from the
community. it is unlikely, for example, that Wanda Gonzalez will
479 'U. at 27. MM also Christopher Commission Report, at
69 (of the 650 officers who responded to their•survey on the
police and the community, almost two-thirds agreed that increased
interaction with the community would improve police -community
relations) .
480 Testimony of Rickie Clark, INDIANAPOLIS HEARINGS,
December 17, ' 1991;: at 260.. • fin also Testimony of Shelby Lanier,
INDIANAPOLIS HEARINGS, December 17, 1991, at 272 ('"Those who
commit these actions [police brutality) endanger the lives of
those few:-publia. servants'* who attempt *to 'do the right thing While
exercising the privilege of being a police officer.")= Testimony'
of Dr. Helen Green, NORFOLR BEARINGS, November 6, 1991, at 16, 17
(91What the. police do ,and' .how. they. da ,it. impacts ,on community
relations:'ricruitment; retention. i�oralr.and•conduct. community
instability and. lack of respect, for offtcere� can result in
• assaults or. killing. of Off iaira:") . •_ ." : " .._�^ `
169
. ..... .. 93— 255
• . • ,• • . 12 . - •rr•t • .
be forthcoming in Cooperating with police in the future. Ms.
Gonzalez testified that, as a community leader in a minority
neighborhood of Miami, she tries "to gat the police department
and the neighborhood together:481 She described an event in
the early morning hours as she was "making sure that these kids
[in the neighborhood were] staying away from problems and making
sure that the police could be around the neighborhood without
[any] problem." A police officer came around, cursed her and
others around her and called them "animals, chickens,
a bunch of creeps."482
John W. Mack of the Urban League of Los Angeles stated that
some in the minority community look the other way while police
abuses are taking place:
I think we've reached the point in trying to come to
grips with the drug problem, the gang problem, all the
• problems of violence that really do have most African
American communities under siege, whether in Los _
• Angeles or another city, we find ourself being held
hostage to this problem. And we have the situation
where police departments such as Los Angeles Police
Department have been given free license to disregard
peoples basic civil liberties within the problem of
going after the gangs and t4l drugs, and people turn
their heads the other way.06
481 Testimony of Wanda Gonzalez, MI= BEARINGS, November
12, 1991, at 305.
482 =. '`at- 308-310.
483 Testimony of John W. Mack, Urban League of Los Angeles,
LOS ANGELEE BEARINGS;' Decambir: 3-, I901, at 39-. An also Testimony
of Don Stephenson, LOS ANGELES BEARINGS, December 3, 1991, at 125
("The attitude of the community towards the police varies. The -
elderly. and .the ,homeowners .are .learfut..ot .crime.- and drugs and
frequently :a llinq . to. accept. th0 . occasioziai police abuse for =
protection. The underclass are preyed upon by.the criminals and
C the' pol'i , ' •therefore. •t'he lee "no •.distinction' between 'them. ") .
170 -
The police have reduced all African Americans to criminals
and treat them as such. As a result, ordinary families are
warning their children about the police. African American
families do not know whether they should call the police or stop
for the police, or help the police for tear of becoming involved
in police misconduct.484
Several witnesses talked about having lost their respect for
the police. Several said that, if they needed help, they would
hesitate before calling the police.483 Deborah Gordon put it
simply: "How can I [have respect] when they killed my son?"486
The minority community finds itself in the middle of a very
troubling situation. While many abhor the violence and gang -
related activity that is taking place in their community, many
Also find it difficult to support a police department which seems
• to lump everyone, good and bad, together. There are consequences
• for the future of young black people. Nafundi Jitahadi of Los
Angeles described the affect of police overreacting on
employment: _
A youth is arrested because he is wearing a Raider's
cap or a Raider jacket and fits a so-called gang
profile. He is pulled over, detained, and then
afterwards released, and his name is entered into a
database tracking system. Later on when this youth is
applying for employment, the employer can pull this out
484 An B,g,,, Testimony of ,Willie Simmons, WART BEARINGS,
— November 12, 1991, at 677. ` '
485 fin &q,,, Testimony of Jeanette Amadso, BEARINGS,
November-Als. P91f a :.7.01.,: :• .�r.z..-ti.:: ;:.,.,..-•
486 Testimony of Deboa;Gordo:}, MtAI�h•BEARINGS, November
13 ,: •101 "at ° 7 01. .. .
171
93- 2.55 �
and sea that he was detained as a gangbanger and does
refuse his employmenIA7thus maybe forcing his into the
underground economy.
There has to be a now esphasis on community relations and
mutual respect. At present, community relations do not appear to
be an institutional priority for most police departments. As
Matthew hung, of the Los Angeles Police Department, commented,
"There is a very, very small portion of the budget that is
devoted to community relations, very, very small . . . . [Ijn
most of our eighteen divisions across the city, you will find
perhaps two or three people that are working full time in
supporting the community relations operation."488
In the final analysis, the police know that if they are
serious about reducing Grime in the inner city, they cannot do it
without the help of the community. The community may want to
help, but is increasingly distrustful of the police department.
It is thus incumbent on law enforcement to win back the trust of
the citizens they serve. cynics might argue that the police have
no interest in putting resources into community relations in the
"inner city". As long as inner city crime does not spill over
into the nice areas of town the police are willing to go along
with business as usual: However, police and the minority
eommunitisa have the power to change this. A now -bond of
cooperation must be cultivated. As Deputy chief Hunt said, "The
487 Testimony of Mafundi Jitahadi, LOS ANGELES HEARINGS,
December 3, 1991, at 96.
411
.488 Tesitimony of -19 tthew *Bunt,' -Deputy' Chief, Los Angeles
Police Department,., 'Los. 'At�GS�FB �EARINGs� .December .3,..1991, at .46. _
Police department cannot police the city on its own. If ate do
not have the ntpPort and the active participation of the
coamunityt ire are not going to be able to do the job. "489
•
+ ..n v. r a.k, . l �
r s r'� !a� «;f ` •i'r rs •i • ♦
�
satimcny-
of:
,.
Police' :pepartmen�,
Runt,, Chia! •
Los.. XNGETEB•
Los l geiaa
-
gEAt TGg Dee
�• amber
3•, ' 1991,, at 46
K
73
.
*._.
7R—
a✓t... --
rr�� 4 2
A. THRU MUST hE GVEEPING CROCE is THE CONCLPT OP POLICING
There must be serious change in the very concept of policing
in our cities and towns. The first change must be to do away
with the "Us and Them" dynamic of police/community relations.
This drawing of lines, and more, this taking of sides, only
fosters racism and violence and needs to be altered.490
There was such testimony throughout the NAACP hearings on
the police being outside or above the community.491 There was
490 One need only recall Sergeant Yablonski on television's
"Hill Street Blues," who ended each morning roll call with the
rallying cry, "Let's do it to them before they do it to us."
Though television is not always an accurate reflection of real
life, "those.words surely express an insider/outsider vision
typical of traditional police culture." JEROXE SKOLNICK AND
DAVID H. BAYLEY, THE NEW BLUE LINE: .POLICE INNOVATION IN SIX
AMERICAN CITIES 211 (1986) [hereinafter SKOLNICK AM BAYLEY, THE
NEW BLUE LINE].
491 AM, e•Q•, Testimony of Ernis'Neal, National
Organization of Black Law Enforcement Executives, MIAXI HEARINGS,
November 13, 1991, at 382-584 (tastifying that police officers
_ are -set apart from the rest of urban society by their tendency to
socialize only with each other, by contempt for civilians,by
their migration.outside of urban.areas)i Testimony of Dr. Larry
Capp, Psychologist, MIAXI HEARINGS, November 12', 1991, at 259- _
("Unfortunately, it is.quite.common,for police officers to reside
in other communities or even outside the county but only come
into the city to go to work.")t Testimony of Calvin Ross, Chief,
of Police, Miami Police Department, MIAKI HEARINGS, November'`12,`
at. 443 .("There haa..bteA . . traditipaal,, sense. in. both •lax .
inlorcem nt' and ttti gene=ai • pubA. community . composed of "two
cultures, the served and :the .servers. or more specifically, they',
forca[sic); ai d.:those':upon• who*the.law Io-enforced.
• 174 9 3
r s�
such testimony about an insular police culture which disparages
-
all outsiders, particularly those in minority communities.492
-:
There was considerable testimony by members of the African
American community about the racial animosity that is part and
parcel of the "Us and Them" mentality.493
The sides as drawn hold the police out as the good guys and
everyone else -- especially those of color -- as the bad guys.
This is the sort of mentality that fosters police disregard of
the constitutional rights of young black people. This is the
sort of value system that spawns police perjury. This is the
this notion is allowed to flourish [it] will polarize our
community, will undermine any progress .").
_
492 ftfi, e.g., Testimony of Marvin Jones, MIAMI HEARINGS,
- —
November 12, 1991, Testimony of Dr. Marvin Jones, at 185-186
(Jones, a law professor, referred to a sociological study of
V =
- police misconduct in another city which found that the police
identified with residents in white communities but not in black
-_
-- communities, referring to the latter as "them."); November 13,
-
1991, Testimony of Ernie Neal, Vice -President, Miami branch of
= NOBLE, at 382 ("As a result of the increased isolation of
— policemen from civilians because of -the spread of the radio car
_
and the demographic changes in cities, policemen have become more
_
contemptuous than ever of civilians.") fiM egg ANTHONY V.
_-
BOUZA, THE POLICE MYSTIQUE: AN INSIDER'S LOOK AT COPS; CRIME, AND
_ THE CRIMINAL JUSTICE SYSTEM 6 ("The mystery begins with the
fabled insularity of the police. It is not an accident that cops
_
speak. of the 'outside world' and of 'civilians' with a barely
-
- concealed scorn for the uninitiated. The fact that they think of
their precincts as embattled fortresses in alien lands reflects,'
- at:onee, .their problems with the minorities they've been sent to
police and their resentment toward an overrclass that has issued
= the sub rosa aarehinq.orders.").
-
493�, !&S.L, Testimony of ErniewNeal, Vice -President,
Miami Branch of NOBLE, MIAMI HEARINGS, November•13, 1991,`at 582
- (! Xany police. �,offi�ceu�. ,¢oma,to. believe.: that no matter how
respectabxa 'the fib ida, most. �asi�..arid women are :still animals
underneath and that it does not take much for the veneer to be
-
- stripped way :.arid the rsali'ty undeiiteath to show through:") ,
,
ideology that.fosters an Apartheid -like experience for all
African Americans in the ,inner city. Paradoxically, the "Us and
Them" view held by to many police officers fosters the kind of
anger and hostility toward the -police that leads to anti -police
violence and police killings.
We recognize that changing the conception of the police as
an occupying force in the community will not happen easily or
quickly.494 There is no single program that can be instituted
_- or policy that can be adopted that in and of itself can transform
the nature of police -community relations. The commitment to
change must be made at all levels in the police department and in
local and national government.495 The commitment must be
demondtrated concretely throughout police department policies,
( practices, and programs. Efforts to improve police community•
relations must receive both financial and moral support from
elected government. Similarly, it will take an ongoing and
active effort in the community to participate in finding
494.Testimony of Calvin Ross, Chief, Miami Police
Department, MIAMI HEARINGS, November 13, 19910, at 454 ("[T]he
process . is not one that is going to be an overnight
change.").
495 a Testimony of Lawrence L. Binkley, Chief, Long Beach
Police Department, LOS ANGELES HEARINGS, December 4, 1991, at 69
t"I think there are a lot of Chiefs who would like to change
organizations but find vary little support . When you
change an- organization IA culture;''which requires the termination
of employees and very tough discipline, there are police unions'
who are very strong politically and have a great deal of money
and get involved. in politics.. -that dc.not..want those changes.
"when a`"cliiofr from , anyaiia�ri: ii'atie nation tries to change a
culturi,'he la taken on vigorcusly,'ind I see very few allies
. when he•• does that to support his B.") _ -
•176
.� , 93 2S5 .0 • _
solutions to community problems, whether as part of the police
force or as residents of the community.496
2. Police_office_,,U must`be. RILrt of the comet unity thay
Police officers must be part of the community they
serve.497 Outsiders with weapons, policing a community they
neither know nor understand, perpetuates the notion of police
officers as an occupying army. Roots in the community must be
496 BM Testimony of Calvin Ross, Chief, Miami Police
--
-
Department, MIAMI HEARINGS, November 13, 1991, at 462-463 ("[0]ne
_
of the things we are trying to overcome today . . . is . . . the
=
perception by different minority groups within our community of
the polies and some of these old perceptions and mind seta are
hard to deal with, and they are hard to overcome. . . . We are
--
trying to give the community a different view of the -police
department to let them know that law enforcement is an
—
honorable profession and one that . . . [they) would do well to
_
join the ranks of.")= Testimony of Ernie Neal, vice -President,
Miami branch of NOBU, MIAMI BEARINGS, November 13, 1991, at 584-
585 (" African American cities can be safe only if they
—
become true communities where all of the people see themselves as
engaged in a common enterprise and share a common fate.--.
_
JI]f we do not make the attewpt, we may be doomed to aver-
ncreasing hostility, violence and despair.")f Testimony of
Matthew Hunt, Deputy Chief, Los Angeles Police Department, LOS
ANGELES HEARINGS, December 3, 1991, at 46 ("If we do not have the
-
support and the active participation of the community, we are.not
-
going to be able to do the job.*).
497 US Testimony of Xavier Suarez, Mayor of Miami, MIAM=
_
HEARINGS, November 12.. 1991, , at •50 (. [O]fficers who patrol a
cerk-'in area should understand that area and .• at least
-
figure out a way to. do it in a non-professional setting with the
_ -TestimonyP P "i _of Dr. Larry Capp,, Psychologist, MZMIAMIeo le.,
HEARINGS,,. November..:12t.199.1,.••at.-.-239-2�60•• (research, indicates the.
{
more . offi-6era_ ari a pert• of .the• "fabrio of. the community by
having an investment.there, residing there .. It.leads to'a
better' situetion alb. ••around.
s
•
by 255
177
•
seem as an important hiring criteria, or at least a commitment to
developing roots.498
A witness in Houston described the reasons for police to be
part of the community: "
[M]any of the policemen do not live in [the] City of
Houston. And that is part of the problem. Even when I
was growing up, I did know all the policemen .
And they lived in the neighborhood, and we knew them.
And we also -- we knew that wo could get in trouble
with them, and they would also come to our parents and
may whatever they thought about the kids' behavior.
But the policeman [sic] today have connection and no
relationship with the neighborhood.�9
Though in some aspects controversial, we join a number of
those who testified at the hearings to strongly recommend that
officers be required to live within a short commuting distance
from where they work.500 Some police departments have some
-- 498 � B:.cjj.,, Testimony of Dr. Larry Capp, MIAMI BEARINGS,
November 12, 1991, at 258-259 (research in police science
supports the idea that having officers who know, live and have
families in the area results in better policing because of their
knowledge of the community and their sense of ownership and
commitment.). -
499 Testimony of Sylvia Brooks, President, Houston Urban
League, HOUSTON HEARINGS, November 19, 1991, at 205-206.
500 &U, e.c., Testimony of Reverend James Taylor, Indiana
Interreligious Commission on Human Rights Equality, INDIANAPOLIS
HEARINGS, December 17, 1991, at 1571 Testimony of Deloyd Park6r,
SHAPE, HOUSTON BEARINGS, November 19, 1991, at 266-267; Testimony
of Kathleen Worthy, Chairperson, Community Relations Coamittee,
UP -PAC, MIAMI HEARINGS, November 13, 1991, at 485 (Police
officers and firefighters should be required to live in the
community "so that
.,their off-duty.conduct and associations can be
monitored.").' 'also, SPARROW, MOORE, XENNEDY, BEYOND 9114,
supra,note 6, at 34 (". . [T]he early American . . . police
forces had certain strengths. One of,the foremost was that --
drawn. from. -anti, operating.:. from. within .their, ,co®muaities -- they
- On j oyeid • a.� lair degrar - of Soceil support: and political legitimacy.
Officers usually lived in or -close to the areas they
patrolled: ") j-' ROBERT• If... FOGELSGN, BIG -CITY ,POLICE 289 '(1977)
.N
' T 178 93- 255 -
sort of residency requirement.501 If police officers reside
in or near the neighborhoods in which they work, they will come
to know the other residents as people.502 once they come to
know their neighbors, they will find both similarity and
("[In the early seventies,] [%]any Americans also called on the
authorities to reimpose the residency requirements, a move, they
argued, that would not only increase the competitive edge of the
blacks and other minorities but also improve the quality of law
enforcement and alleviate the fiscal crisis of the cities. But
the rank -and -file outfits strongly objected to this proposal.
Stressing that it would violate the civil liberties of the
officers and, by excluding qualified candidates from out of town
and compelling veteran officers to choose between their jobs and
their homes, lower the caliber of the police departments, they
opposed it in one city after another.") = see Testimony of
Mayor Xavier Suarez, MIAMZ HEARINGS, November 12, 1991, at 74
(testified that proposal for police officers to live in housing
projects, with rent subsidies, was approved but never
implemented)i "Boston officer backs bias call," THE BOSTON GLOBE,
August 31 1992, at 13-14 (The President of the Massachusetts
Association of Minority Law Enforcement officers says the Boston
Police Department maintains a "double standard" and disciplines
minority officers more harshly than white officers. "You get the
feeling you can't be trusted because a lot of minority officers
live in the communities that they police and there's a lot of
crimes in those communities . . . ."); "Ex -officer says roots in
community cost him his job," THE BOSTON GLOBE, August 4, 1992, at
13, 16 ("Questions arise sometimes in the minds of white officers
about minority officers based on who they grew up with or where
they live -- things that may have no relevance to their ability
to do the job . . . .").
501 an, 2,g.., Testimony of Clarence Harmon, Chief of
Police, St. Louis Metropolitan Police Department, ST. LOUIS
BEARINGS, December•3, 1991, at 49 (officers appointed after 1973
must become residents of St. Louis within 90 days of their
appointment.); Testimony -of Dr. Larry Capp, MIAMI BEARINGS,
November 12, 1991,-'at 259 (many cities now have residency
requirements for new recruits; some departments are experimenting
with giving incentives•,• ~such as ' free apartments, to live where
they work.).
502 $44, 4a g,,,: testimony of .IT
anet steno, Dade C=ce
state
Attorliayl-.--xn w $FARING,; `Nwi�mbOr' `12; 199t, at "17 "
officers should be "known -in the community and work in the
community. 179
400
Cdifference. They will be forced to acknowledge the humanity of
those they police. to addition, there might be a corollary
benefit to blighted inner city neighborhoods in maintaining a
pool of middle-class dwellers. -
We also recommend that police officers be required, as part
of their job, to participate in community -related
endeavors.503 There are an infinite number of choices: public
school programs= recreational sports programs; the Scouts; the
Big Brother/Big Sister Programs Teenage Pregnancy Centers; Drug
Rehabilitation Centers; Centers for the Elderly; Women's Centers;
Rape Crisis Centers; Gay and Lesbian Rights Centers; AIDS
hotlines and programs; English as a Second Language classes;
Immigrant centers; centers for the physically disabled; centers
�. for the mentally ill and the mentally retarded. .
3. Police officers must be reconceptualized as social
services uroviders
Police officers must be reconceptualized as public servants
engaged in social service delivery.504 Notwithstanding their =
503� :�, Testimony of Calvin Ross, Chief, Miami Police
Department, M=AMX HEARINGS, November 13, 1991, at 464-465 ("(w]• -
have officers that are volunteering to be involved in Ecommunityj
• w programs • Other than just w in the enforcement
mode. [P]olice actually go out and have picnics in
different •communities,* in• the parks With the youth. we have
police officers involving themselves with community
forumcN).
• - .... ., •504'�
Am, •t• •• a••+i' te• • ••ti. :"•:'r •V '.: ire •� �• ./ t .., •. t. •..
. - " ego stimony •Of Caivi�i Ross, wit, Xiami Police
Department, MIAMI HEARINGS, Novemb-or 13, 1991, at 464-65 ("E03ur. {
•police�•office=s art being seen in .�[community�•-forums as
current paramilitary image and structure,305 this was the
original conceptualisation of the police.506 Police officers
have always been urban "helpers," providing information,
directing other municipal services to areas of need, and serving
as an essential neighborhood resource.507
The truth is that the stereotype of the police function as
catching criminals and fighting crime has always been a small
being a part of the community and do not necessarily act as law
enforcers, but as social workers, if you will, and as problem
solvers.").
- 505 Eft SKOLNICK AND BAYLEY, THE NEW BLUE LINE, sunrA note
490, at 211.("The typical police department is paramilitary,
regulated by the civil service, unionized, and opposed to lateral
entry."). LU also ROBERT M. POULSON, BIG -CITY POLICE 40-66
(1977).
506 rMp Gog_, SPARROW, MOORS, KENNEDY, BEYOND 911, M6r
note 6, at 34 (". . . [T]he early American . . . police forces
simply assumed responsibility for whatever emergencies and crises
crossed their paths. On the principle that if it needed to be
done, and nobody was doing it, they would, various forces
provided ambulance services, ran soup kitchens, collected
garbage, and sheltered homeless . . . . In a time before
widespread and well -supported social work and social programs,
and before municipalities had assumed many of their current
routine obligations, the police often filled important
vacuums . ") .
507am HERMAN GOLDSTEIN, POLICING A FREE SOCIETY 24-28
(1977) (". . [Recent studies of the police have dwelled on
the high percentage of police time spent on other than criminal
matters, and they thus call into question the value of viewing
the police primarily as a part of the criminal justice system
The studies report the large number of hours devoted to
handling accidents and -illness, stray and injured animals, and
intoxicated persons; dealing with family disturbances, fights
among teen-age gangs,, and noisy gatherings; taking reports on
damage to property,'traffie accidents, missing parsons, and lost
and found property. They cite the amount of time devoted to
administering systems of registration and licensingt to directing
:.....:...traffic r... to..deal,ing. with. complaints • ot. improper parking t to
contralling*erowds*at publie•events= and.to dealing with numerous
hazards And municipal•service;defects that.require attehtion
. . • ).
• lei • .
.�. ...... _ �.. 9.3:- 25.5.
1
part of the polite role. That stereotype is firmly planted in the
minds of both the police and the general public, and has been
cultivated by the police themselves. This is the "Lethal Weapon"
image of police in Americas it•pervades our popular culture in
books, on television, and at the movies.508 This image has an
enormous influence on the organization, staffing, and operation
of police agencies.809
While crime fighting will always be an important part of
police work,510 it is not the only police function, nor is it
necessarily the most important one6311 In inner city areas,
police perform the widest array of services. Beret the
combination of poverty, unemployment, dilapidated housing, poor
education, and homelessness results in police officers being —
called -on to serve as:
508 at 25. _
509-
510 Moore, Trojanowicz, Belling, "Crime and Policing,"
suura note 8, at 1.
511 MM Testimony of Jerry Oliver, Chief, Pasadena Police
Department, L0S ANGELES HEARINGS, December 4, 1991, at 119
(describing changes in his department, Oliver testified "We
brought what we consider to be a corporateness to a public sector
industry . and we expect to return a dividend . . . not just
of providing. . . 'law enforcement services' . but a —
dividend of providing an array of police services that includes
law enforcement, but the other -parts deal more proactively
with prevention and the operation . will have most of its resources and :energies going towards prevention, that
is, being even more involved in education and in the development
- of healthy human beings within the community.") AM Also
James _.Wilson..an4:Geo�cgis �L.. iCelling,,. !!,8soken E'indows,"
note 8 arguin9 that police attention to a gns.of disorder s a -
neighborhood may be more:i*6rtant•than.attention to violent'
crimes f
182 -93- 255 -
[8]urrogate parent or other relative, and to fill in
for social workers, housing inspectors, attorneys,
physicians, and psychiatrists. It is here, too, that
the police most frequently care for those who cannot
care for themselves the destitute, the inebriated, the
addicted, the mentally ill, the senile, at alien, the
physically disabled, and•the very young.
Why not reconceptuaiize police officers as part of the
"Urban Corps," an inner city version of the Peace Corps? Other
members of the Corps would be firefighters, social workers,
community mental health professionals, healthcare providers,
public school teachers, drug and alcohol addiction counselors,
youth counselors.513 The "Urban Corps" could focus on long-
term, multi -disciplinary solutions to crime, polarization and
urban decay.514 One rarely, if ever, hears of widespread
512 GOLDSTEIN, POLICING A FREE SOCIETY, supra note note 507 at
25.
513 ams e.Q., Testimony of Janet Reno, Dade County Statu s
Attorney, MIAMI HEARINGS, November 12, 1991, at 17-18 (testified
that "to overcome a history of economic, social and racial
injustice" there should be a team approach that goes beyond team
policing to identifying and carving out small enough
neighborhoods to enable a return to one-on-one contact; the team
should include a public health nurse, a social worker, and a
"community respected police officer" assigned as a team with a 5
year commitment to that neighborhood); Testimony of Mark Ridley -
Thomas, Councilperson, Los Angeles, LOS ANGELES HEARINGS,
December 3, 1991, at 15. ("The goal of policing is to protect and
serve and improve the quality of life for the citizens . . .
The effect is collaborative problem -solving between the community
and the police department. And the key components would be
active policing and involvement and innovative police work. The
idea that . . . the business of law enforcement and fighting
crime is solely the domain of the police . . . in virtually
nonsensical*. The police•department cannot handle the range of
problems that need to be addressed..").
Si4r .Testimony. of Calvin •Atosss. Chiefs -Miami• Police
DepittM4ht, MIAMI. kE4L.W0i, ;:November 13,.. •199.1, At . 466-467
("[T]hsoughout out government wi have for the most part pretty
much of 'a -Band-Aid' noiution : ['to] s lot'of the problems that
183
9:- .255.
.1
i
tension between the community and firefighters. No doubt the
reason for this is because firefighters are seen as providing an
essential community service, without taking anything from the
community. Citizww are not afraid of firefighters.
Police officers must, at the same time, be reconceptualised
as important, valuable members of the community, essential to a
free society. Police should be seen as the keepers of the calm,
the keepers of safety. What could be a more important social
role? Police ought to be compensated for their work commensurate
with the value of it.slg Revaluing police work ought to be
part of a massive rethinking of a number of undervalued
occupations, like public school teaching, public health care
f provision, and legal representation of indigent people.
B. THERE MUST BE GREATER POLICE ACCOUNTABILITY
Effective management of any large bureaucracy requires
systematic, formalized, and comprehensive mechanisms to ensure
attainment of the organization's goals and objectives. Among the
exist in the community as it relates to police and citizens in
problems with drugs and crime. If we had . . . [placed a lot of
emphasis on projects and programs toward the youth] ten years
ago, we would be . . much further along. I believe we
must start to target tomorrow.").
515 Amr SA, Testimony of Johnny Mate, League of United
Latin American Citizens, HOUSTON BEARINGS, November 19, 1991, at
164; Testimony of Doug Elder, President, Houston Police Officers
•.Association, : SQUSTOR, CGS=, •-November..19,,.:19s1,. at 35 .
itastified-.'that'.64 tc Houston!s.. linincial• problems over the last
decade,, "the 'averaC veteran officer'has lost 22% of their [sic]
buying power .which has created a -strain
184 :.
... .. .9 3 - -2•5 5 .. .
most important are mechanisms to achieve accountability --
rewarding and encouraging positive police behavior, as well as
preventing, mitigating, and improving negative police .
performance.
This may be more important for police bureaucracy than for
any other because the police Rare given special powers, unique in
our society, to use force, even deadly force, in the furtherance
of their duties."516 As enforcers of the law, they are not
only an agent of the values our society deems most important,
they are the most visible barrier between civilized society and
its alternatives.
It is axiomatic that "the right to use force carries with it
a heavy responsibility not to abuse it."517 When armed law
enforcers engage in excessive force, abuse of power, or "merely"
rude or discourteous behavior, the injury is not only to
individual citizens, but to the Constitution, our sense of
community, and our collective sense -of dignity.618
316 Christopher Commission Report, at 170.
517 U. at iii.
818 Am Testimony of Troy Smith, Greater Watts Justice
Center,.LQS ANGELES HEARINGS, December 3, 1991, at 89 (NWhat is
most troubling is that much of the physical violence and
suffering infligtsd-by many public*officers are dismissed or
justified by many public officials as the result of an increase
n violent crime. It is very true that the residents of poor and
minority communities desire and need police protection but
certainly not at th4 expenss-of their civil rights or, in some
cases, their li(vesl. A close review of the complaints filed
with my_ office , revisals. that _i laarrggo.. majority, .qf. physical and
verbal altsicat1one' iiivalv1iig"poiicie- officers were with.*
individuals in- custody, • ' under contibolisd situations of no danger
to the officer."•)= Testimony of•John•W: back, President, Urban'
in a time of enormous social change -- in racial and ethnic =
composition, economic direction, family structure, suburban -urban
relationships, and the role of government -• we must be
especially vigilant to uphold;'and not to take for granted, the
social balance of power. Police must serve the community;
community members must not become the servants, tools, or
whipping boys (and girls) of the police.
It is essential that those at the top, police leaders and
managers, devise control mechanisms which work. It is also
essential that:
leadership . . . be comprehensive and constant, not
isolated or sporadic. They must make their weight felt
throughout the system -- from recruitment, through
training, promotion, assignment, and discipline . . . . —
To make genuine progress on issues relating to
excessive force, racism, and bias, leadership must
( avoid sending mixed signals . . . . Leniency in
discipline -or easy forgivenes-7$ will be misread as =
condoning improper practices.1
The leadership of the police department must make clear both
the rules of conduct and the consequences for violation of the
rules, whether the misconduct is by •actual conduct, by ignoring
the improper conduct of other officers, or by failing to
supervise.520
_ League, iAS ANGELES HEARINGS, December 3, 1991, at 39�(" M a have
the situation where police departments such -as the LAPD.have been -
given free license to disregard peoples' civil liberties within
the problem of going after the gangs and the -drugs,, and people -
turn their heads the other way.").
519 Christopher Commission Report, at 228.
• t Tes.'t moray `of kiihaei • R. ••xcq= y, • - Chief,. Signal Hiii
police Department,'LOS aN'GELES.HEARINGS, December 4,.19911 at 123
( ("I met with all '.emplopaes, o` �sworw.. and • non -sworn and
186 -
_ - 93- 255
Goals and priorities must be defined as clearly and
comprehensively as possible, including the expansive mission of
the police, late enforcement values, and an overriding respect for
human dignity. These must be fully and unequivocally adopted by
;the highest levels of the department, as well as by the
government, which controls the department and is directly
accountable to the community.
our society increasingly, and mistakenly, has looked to the
police to solve the complex problems of our time. These problems
cannot be solved by policing alone. Thus, the department's
official values and goals must also encompass "learning to say
'no'- in ways that educate and enlighten, for communities and
groups will ask things -of the police which the police ought not
to do, and the police must learn how to instruct the public about
limits and tolerance."321
Thus, for the first step, it is imperative that all the
goals, objectives, guidelines, and rules -- for all levels of the
discussed role expectations. I told them what they could expect
from me. what the.expectations were of them, and what the
consequences were if they violated those -expectations. I felt •.
that was very important for the trust level, that they knew
exactly where I was coming from, what my mission was, what sty
— standards were, and what my ,values were. Very important.that the
• employees oisdirstand' ttia t►ros :t$a liOR "of the department.
321 St. Clair: COmmtstion Report•,.' at 52;
'187
department --.be spelled out clearly, in detail, and its
wri$ing•522 These mast not simply be inscribed in manuals,
bound and buried, but must be distributed to everyone involved in
police work. Xoreover, the goals and guidelines of policing must
be explicitly referred to by those in co:mnand, on a regular
basis, in every context.
A preliminary list of specific rules which bear particular
examination -- or adoption, if not in existence -- are: (1) Rules
defining permissible uses of various levels of force,
particularly deadly force, and rules prohibiting excessive force;
(2) Rules defining and forbidding racism, sexism, violations of
constitutional rights, and other forms of misconduct; (3) Rules
imposing liability on sworn officers who are "nonparticipatory
bystandersn323 at the scene of misconduct by other officers;
and (4) Rules pertaining to disciplinary proceedings, such as
sanctions for discouraging or deterring the filing of complaints,
or for following the code of silence.
2. Scre2ning. hiring and training
Entry-level and in-service screeninq,.hiring, and training
of police must not only.reflect the values and goals of police
522 al jd. at 61ff. In also Testimony of'Minga Wigfall,
MIAMI HEARINGS, November 13, 1991, at 571 (Pressures on officers
can be "minimized or eliminated entirely by following appropriate
code of conduct rsgulationa•.with.effect,qe guidelines.•concerning
police d ..
• secretion. ") .• _ r
52.3 .Christopher ComAissioiC$eport;• at•'• 174
188
.' .. 93--. 255..
departments, they must be designed to fully attain them.
Accordingly, police departments must be willing and able to
screen for and reject from service recruits who lack sufficient
respect for law, recruits who -would likely be unable to uphold
the law in the face of deep-seated personal feelings to the
contrary.
Tendencies toward bias, uncontrolled temper, and violence
may have to become per se grounds for disq
ualification. qualification. Respect
for law, fairness, and decency may have to become more important
criteria for service than physical or intellectual fitness.
Personnel.evaluation polices and systems must be designed to
• comprehensively -ensure that all levels of the department fully '.
attain the values, goals, objectives, guidelines, rules, and `
policies. Specifically, we recommend:
The performance of personnel must be measured against
previously set, strict -standards. Evaluations should occur
regularly, at least once a•year, and more often where merited.
•.(b) Revised criteria for evaluation -.
• The lack of a history .of. complaini's. by civilians,, a
demonstrated ability tc usa 'other•,than •force *to• control a polio
• • •ISO 93- 255
_ C situation, skill it do -escalating a potentially violent
encounter, skill at steering addicted persons into treatment
instead of the criminal justice system, cork in the community to
prevent gang membership, and it demonstrated capacity for both
professionalism and sympathy in responding to hate crimes ought
to be criteria for a positive evaluation.524 A history of
complaints, excessive force, minor street encounters escalating
to physical confrontations and arrests should be criteria for a
negative evaluation. The criteria should reflect the high aims
of the department.
(c)
it is important to devise new ways to reward and reinforce
newly defined types of positive police behavior.- Though the
primary system of rewards and punishments will undoubtedly
continue to be promotions and job security, the commonly used
rewards of "commendation" and reassignment to more desirable
positions, should be broadened in scope. New devices, like
longevity pay for patrol functions, should be adopted.525
i
524, e.a., Testimony of David Honig, General Counsel,
Miami -Dade branch, K"Cp, KIAMi EFJUMGs, November 12, 19910, at
178-79 (incentives for reporting misconduct by a fellow officer
,should. be. N.counterbalaneedl.by, posit v�.=incaatfgsa- far..pro-social -
- behavior. "�.• .. : ' t•.:�• • ..:- '�.. . .. .
_ ( Zhk`istophee d6amiision'Ripnk at 142; 14d. '
2.90
., - -93- 255
(d) Thera should ba a formalize nereonnel appraisal Mtem
-_ Most police departments have formalized personnel systems.
Bostonts St. Clair Commission reported that "only four of the 31
major urban police,departmentr do not have a formalized personnel _
d
system."326 Officers at all levels must be periodically and
officially evaluated for their performance, including their
supervisory performance, if any. Supervisors should be hold '—
accountable for the conduct of those they supervise, and must be
supported when they take action against those who engage in {
improper conduct.527 Methods of monitoring behavior must be
devised, including such techniques as "spot-checks," "sting"
operations, community focus groups,528 and input from both
community groups and citizen surveys.529
=! 526 St. Clair Commission Report, at 63. `
527 AM, Testimony of Fred Taylor, Director, Metro- -
�� Dade Police Department, MIAMI HEARINGS, November 12, 1991, at 88
("[T]o make sure that we don't encounter the kind of things you
saw out in Los Angeles . . . . [ilt takes hard work and
commitment to hire trained supery sons ..[and supervisors
must be) required to take direct.action against those who don't
follow rules and policies .").
i 528 ZA. : at 70. -
521
. also Testimony of Elizabeth Watson, Chief of
{ Police, HOUSTON ZEARINGS, November 19, 1991, at 47 (Surveys are
being developed)•s':.Tsati=;xy..:of:Phyllis-.munschir, .Assistant Chief, -
-' ZAD,• HOUSTON HEARINGS,. November. 19, 1991, at- 6S (community groups
will be invited to.make •recomai,endations for commendations). -
191
. • . , . .. _ 93- 255
c
(a)
Whatever disciplinary system is adopted for complaints and
allegations of misconduct, it -is important that complaints that
are "not sustained," "unfounded," or for some reason withdrawn or
dismissed be retained in personnel files, particularly if there
is a "pattern."530 Consideration should be given to making
such a history available in future investigations of the same
officer -- or the officer's supervisor.531 Such a pattern
should be factored into overall performance appraisal, and should
be grounds for corrective steps and/or discipline.532
The Chief of Police, and all of those in leadership roles,
must also be formally evaluated on a regular basis, by an
objective body answerable to the appointing authority, and must
hold his/her job with a delicately balanced combination of
530 A4 Christopher Commission Report, at 175, for a
description of such a system.' A Slg Testimony of Police Chief
Elizabeth Watson, HOUSTON BEARINGS, November 19, 1991, at 8t
Testimony of Assistant Chief Phyllis W=sche, HOUSTON BEARINGS,
November-19, 1991, at 99-102, 112; Testimony of Assistant Chief
Jimmy L. Dotson, HOUSTON HEARINGS, November 19, 1991, at 132-135.
531 sm. Christopher Commission. Report,,,
.332 . - - ft4 ' also' Tisiimoiiy ' of Assistant Chief of IAD,
Phyllis Wunsche;'HOUSTON BEARINGS,-November•194, 1991•, at 99.
-492
... 255
independence and accountability.533 Police chiefs and elected
leaders must make clear both the principles and the policies they
expect: the police to follow.534
(g)
t All police departments should begin to institute systematic
record -keeping procedures which will keep track of racial and
ethnic categories in stops, arrests, and physical confrontations
between police and civilians. While the hearings provided
overwhelming evidence that African Americans, Hispanics, and
other ethnic groups are disproportionately subjected to more
police intrusion and abuse, statistical documentation of this is
woefully lacking. It is time for local police departments -- and
the United States Department of Justice -- to pull their heads
out of the sand and start collecting the kind of hard facts this
country needs to meaningfully address the issue of race and
police in America.
533 $M Christopher Commission Report, Chapter 10. fiM also
Testimony of Dr. Larry Capp, Psychologist, MIAMI HEARINGS,
November 128 19918 at 235 (Described police departments as
paramilitary in nature, responding to a chain of command. The
Chief "sets the tone for [the3 entire department" and "has to
show a great.deal of leadership . . . and strength in setting the
tone for how. -he wants his officers to behave. ") .
534!e e.g.. Testimony of David Honig, General Counsel,
Miami -Dade Branch, NAACP, MIAMI HEARINGS, November 12, 1991,'at
177. ("[P)eople who have the ultimate responsibility for police
misconduct, mayors and police chiefs, need to, individually and
collectivelyn,•make.a statement of police procedures which, in
:,: • some cases,:but••.not. a13,g.swon1d be,.siaply►• &•.reiteration• of
procedures which, . are . on ..the. books but'. seldom. enforced. _ That is,
in order to enhance public,confidence..")•.
. 93- 255
Civil service laws are troubling -- and controversial -- in
the context of police accountability. In many places, they
appear to be inflexible and outmoded.535 They must either be
drastically revised or replaced, with more sophisticated
combinations of limited job security and insulation from
political influence, on the one hand, and objective appraisal
systems providing accountability to the community, on the
other.536
C. THERE 24UST BE A COMI+YITMENT TO DIVERSITY IN HIRING
1. Police departments should reflect the communities they
serve
There is no question that police departments should reflect
the communities they serve, a recommendation made by many who _-
testified at NAACP hearings throughout the country.337 Almost
535 Ulf State, Testimony of Elisabeth Watson- Chief, Houston
Police Department, HOUSTON BEARINGS, November 19, 1991, at 35,
and Testimony of Cathryn Whitmire, Mayor, Houston, HOUSTON
HEARINGS# November 19, 1991, at 19.
536 !or an example of the-controve j - rsy owr� civil service in
this context, mgare Testimony of Chief W-Axabeth Watson,
HOUSTON,HEARINGS, November 19, 1991, at 35 vith Testimony of Doug -
Elder, Houston Police Officer's Association, HOUSTON HEARINGS,
November 20,. 1991, at 20-21, 49.
537 .. Ra g�.s Testimo y; off . James. Seautord,..tTtban Ltaa e -
IAtJtB HEARL�iGB, : DAC�]dbor i 1491 . • at °.36 ' (his . r�tcamm►etti donee
for : police departments irieltide i dev4lopmeant, publication, and
distribution -of the depax'ts ntls. affirmative, action plant _
+ r •
every police official vho testified at the NAACP hearings
presented their department#& Affirmative Action plan, emphasizing
the successes in recruiting, hiring, and promotions, and
apologetically explaining the.jEailures. There was an almost
universal view that diversity in the police ranks was a key to
increase the percentage of African American officers and African
American officers in command rank positions to a percentage
commensurate with the African American population in the City of
St. Louis; increase the percentage of African American officers
in specialized units and receiving specialized training.);
_ Testimony of Sanders Anderson, Department of Public Affairs,
Texas Southern University, HOUSTON HEARINGS, November 19, 1991,
at 297; Testimony of Fred Taylor, Director, Miami -Dada Police .^
Department, MIAMI HEARINGS, November 12, 1991, at 87 ("I firmly
believe that if you are going to police the community . . . you
have to look like the community."); Testimony of Monsignor Brian
Walsh, Catholic Commission for Social'Advocacies, 141AMI HEARINGS,
November 12, 1991, at 191 ("[T]he police force should be
representative of the entire community and all its levels.")t
Testimony of Clemente Montalvo, HIM BEARINGS, November 12, -
1991, at 324 (recommends increase in Puerto Rican officers
patrolling Puerto Rican neighborhoods); Testimony of John Pace,
MIAMI HEARINGS, November 13, 1991, at 717 (recommends more
minorities in the police department structure); Alexander
Cockburn, "Beat the Devil," Me-IlAtiOne, June 1, 1992, at 738-39
(reporting that the "'Bloods/Grips Proposal for L.A.'s Facalifn'"
includes a demand that communities be "'policed and patrolled by
- individuals who live in the community."). ftl AI&t "Where the
Injured Fly for Justice," Z=Ort _$eg=endatipns o! the
December 11•, 1990 (Law enforcement agencies should adopt plans to
recruit, hire, retain and promote minorities and should develop a
minority -career developmentprogram) and OFFICE OF PROFESSIONAL
- COMPLIANCE, , June 29 - July 7,
1990 (referring to 1980 study by the National Minority Advisory
Council on Criminal•%Tustice that found that ths'presence of
• . minority.. officers has had a po•itfvs ePlact on' poliote-ca�snity
relations), - both materials• submitted at 1CU MI RZARINGS, November
19s • ;,�
• 93- •255
battering policy/minority relations,339 and to stopping poiioa
- `- brutality.539
There are a number of concerns, however. first, the picture K-
of a wholly black police force in wholly black neighborhoods
perpetuates racial segregation on every level.540 The Rodney
Ming incident and the unrest which followed wore not unrelated to
Los Angeles' status as one of the most racially segregated cities
in the United States.341 .r
538 SM,, Testimony of Dr. Larry Capp, MIAMI BEARINGS,
_
November 12, 1991, at 214 (African American officers have an
advantage in patrolling African American communities in terms of
more trust and confidence and less suspicion and apprehension
than non -minority officers.) .
= 539 sm ja, at 213.(research has indicated that there are
=
fewer reports of brutality and citizen complaints when more black
officers patrol black communities); Testimony of Kathleen Worthy,
Chairperson, Community Relations Committee, UP -PAC, MIAMI
= BEARINGS, November 13, 1991, at 485.
540 Testimony of Calvin Ross, Chief, Miami Police
-
Department, MIAMI HEARINGS, November 13, 1991, at 435-456
O[W]hat we are trying to do is get a good mix. I think it
- is very important that those . . . [who] -live . . . within our
-
Hispanic communities . . . not only be exposed to Hispanic
officers, but . . . to our black officers and Anglo officers as
well: it is very healthy for the community as well as the
— officers. The same thing holds true for the black community. X
n
would certainly not like to see a situation where as[sicl the
only time.cur black community sees an Hispanic or Anglo officer
—� is when there is a disturbance.and we have to bring all the
A,
manpower that we could muster.. -I think it is important that our
_- Hispanic and Anglo officers learn during peace time, how-to deal
J},
with these communities and be better [able] to deal with the
community on a day to day operation
541 AM Marc Cooper, "L.A. Beware,",XW= note 33
"Los Angeles; among ZSZ:Amsrican'dittes'*analysed by a"reasnt
'hypos-
x•
University of Chicago. study, eras' classified' as
.
_ segregated. �!) ; . :. • _ , .. •• ., , ; . . _..: t "•
• 196
AA{{ rN�
second, the reality say be that the most blighted, decaying
neighborhoods, also known as "African American communities" are
the most dangerous. Must we risk more black lives in the guise
of police officers who "refleck the community"?
Third, there is something worrisome about black expansion in
police hirings its the last twenty years as compared.to other
` occupations. Between 1970 and 1990, blacks took 41.4 % of new
police positions.542 in that same period, blacks took only
7.4% of new pharmacist positional 10.1% of new health official
positions, and 12.7% of new electrician positions.343
Policing is quite literally a blue collar job. Policing also has
a very public profile, and is increasingly associated with the
black underclass which is so heavily policed.
While Affirmative Action plans and a serious commitment to
diversity in the police must be part of any recommendation for
change,544 Affirmative Action and diversity are not a panacea.
Police culture runs deep.545 While the figures seem to show
542 am HACXER, TWO NATIONS, supra note il, at 130.
543.
544 In a 1992 survey of the employment of blacks, hispanics
and women in police departments of the'50 largest U.S. cities,
the authors note they -did .not try to determine the reasons for '
the progress or hack•of progress in individual police
departments, but -they -refer -to previous research that found that
"the presence of an affirmative• action plan, whether voluntary or
court -ordered, is a significant factor in increased employment of
women and racial minorities.w SAMiJEL NALMM AND R.B. TURNER, _
sgRra note 385, at 2. ,
. . z ...••z' •54 5. .«'.. �•»L::yti• s„st�,.r�•'•if y•.r i"«z. •'�•'r t.. yR��.....+..}',N �.• � .•; ..�. ,.., ,. . .. -:. . .
Testimony. of KQnstgnor. Brian * Walsh,. +Catholic
Commission for Social' Advocacies,MXAMI NGS, November 12,.
1991, 'at • 192� jt�stifiid = that alilority'aap�ci�sOntation In- the _
' 297' 93- 255 �'
that police officers of color tend to commit fewer acts of police
brutality, and less savers forms of it,546 it is not true that
African American police officers never assault or abuse African
American cititens.547 _
It has not seemed to matter historically that police
officers tend to -,come from the working classs when confronted
with a choice of identifying with the working class or carrying
out their duties•as police officers in a way that was destructive
of members of their own class, the police always identified as
police.548 Why do we think that African American police
officers, when confronted with a conflict in identity -- African
American or police -- would see themselves as African American
first? Will they profit from that identification professionally?
police force should be supported, but is not a simple solution to
problems'in police community relations, since even in countries
with no minority group based on ethnicity or race, poor relations
exist between the police and poor people. Walsh recommends
creation of a new law enforcement culture to better relations
between the -police and particularly.mincrity communities.).
546 &fto e.e•, Testimony of Kathleen Worthy, Chairperson,
Community Relations Committee, UP -PAC, MIAMI HEARINGS, November
13, 1991, at 481-482 ("Why is it that these incidents -which lead
to killing, brutalizing, accusing of blacks by police officers
never happen when the arresting or investigating officers are
black?"). •
547 AM, &.a.,,.Testimony of Toe.Parsell,. MI= HEARINGS, -_
. November 12, 1991, at 216-218,.223-224 (Parsell, an African
American, described an incident in which an African American
officer, in the course of a traffic stop, was insensitive,
f "offered to take [him] . . . to jail" and "seemed -like he wanted
to strike (himj . . . .").
POL2diMG X. nots 38-, at -
13-21, 101-148 (discussing the• role of the police to -control the
:working.:class, :and,,tta sole of .t2ie pollee •aa-.strike-breakers)
Personally? In a society that devalues and degrades African
American identity, why Mould a police officer embrace that
identity first?
Central to polite culture is a dichotomy: Us and Them. There
is nothing complex about the line drawing. It is not Some -of -Us
and Them or even*Most-col-Us and Them. There may be a cost to
African American police officers who dare to be African American
first. A commitment to a diverse police force must be
accompanied by a commitment to changing police culture.
• Most police departments have done better with bringing
minorities and women into the police force at the bottom levels
than in promoting minorities and women to positions of leadership
and power.549 Diversity in.police leadership is essential to
changing the face of policing.550
549, U.,, :,,g;_'Testimony of Major Dennis Long, St. Louis
County Police Department, ST. LOQIS HEARINGS, December 3, 1991,
- at 11-43.
550 &M Testimony of John Pace, MIA142 BEARINGS, November 13,
1991, a , TQdrs•. 1�; (Aa.:prawident: of,,;an .organization: "presenting
. '450. corrections oPticera,.. Pa aricommsnds more.. minorities in
docison-making RosiiQna)� ..:..j ,,.:._, ,y, ,. ' • :.: f .
• .• 1S A t•uA ,. is �••• -7. �.• t :••.. � ` i :. e• .. �iti•
• 199 _ _•%
• 93 255
D. POLICE DEPARTMENTS MUST EVALUATE CRITERIA FOR RECRUITMENT
AND HIRING,
1.
Recruiting more educated persons to be police officers is
often suggested as a way of bringing in people with broader
perspectives.531 The broader the educational background, the
fuller and broader the perspective. A background in the
humanities and the social sciences may give a new police officer
a head start in understanding the life circumstances of the
people they police.552
551 fi"j S.c., Testimony of Dr. Larry Capp, Psychologist,
MIAMI HEARINGS, November 12, 1991, at 252-253 (testified research
_ . shows that "the biggest predictor of success in'the police force -
is the intelligence score and that usually is correlated with
higher educational achievement. Although there are times
when we have had people who score very high in terms of overall
intelligence but who are only high school graduates . The -
second highest factor that predicts success (is] 4,.
extroversion, being outgoing, being gregarious, being someone who -
likes people .")= Testimony of Michael R. McCrary, Chief,
Signal Hill Police Department, LDS ANGELES BEARINGS, December 4,
1991, at 128 (He set new promotional standards which emphasize "a
great deal of college.")f Testimony of Helen Gros, ACLU, HOUSTON
HEARINGS, November 19,.1991 at 159 ("Officers must -be selected
for their maturity and their competence. Attempts -to reduce
standards for individuals entering law enforcement..academies,
must be thwarted."); Testimony of Cathryn Whitmire, Mayar,
• HOUSTON HEARINGS, November 19r.1991,• at 15-. _
552 a= see Testimony of Michael .R. McCrary, Chief, Signal -
Dill Police Department, LOS ANGELES HEARINGS, December 4, 19911,
at 141 (he is not sure his desire to have college educated
... recruits . is possible, , since .a number. of agencies who had tried to
impose, t2 t's. regni�ran." t 'had' 'p'r'oblems : in' recruiting since the pay
for police officers: eras .),ass than .what •college- graduates =
O
EG
j 93 254. .
..`
J6
There is a potential conflict in creating higher education
standards for police officers and recruiting police officers from
inner city communities. The, schooling received by those born and
raised in the inner city is gemerally not as good as that
received by those raised elsewhere. Drop -out rates are also
considerably higher in the inner aity.553
A solution may be to create "conditional employment"
arrangements with candidates who are otherwise qualified, but who
are lagging behind in education. These candidates would be
required to complete their studies as part of their employment
contract. The police department would structure the new
officers' duties to include their academic work, and would
provide a supportive atmosphers.554
Encouragement and incentives to obtain further education
should be part of every police force. 'Police officers should.
receive some sort of acknowledgment for further studies in
related fields: criminology, criminal justice, sociology,
political•science, language studies. _
S33 , e.a., Testimony of David Honig, General Counsel,
Miami -Dade Branch, NAACP, MIAMI BEARINGS, November 12, 1991, at
170 (two-thirds of black children in the Miami area attend
predominantly black schools, despite a desegregation decree in
1972); Testimony of Dr. Gilbert Raiford, MIAMI BEARINGS, November
13, 1991, at 619 (Miami has the highest dropout rate in the
nation) .
PoliceSDe Department, LOS ANGELES HEARINGof Michael R. S
, Di embers4. 1991a1atill
141
t"CW�e make education a value. The City has a program where we'
reimburse for a .collsge•. education and for. the number of
units attained rm they. •caps .make extra money. eke give preference.
to shift. assignments and vork assignments for people that are
• . •going.. t4 ;�sc2iool r ,to �college: "�:.` � %. .... .. .f . . . • ..
201
9.3- 255
C
2.
Every police department represented in the NAACP hearings
requires police recruits to undergo psychological testing. The
testing is not elaborate, but, rather, tends to be a standard
psychological test.
We join with those who recommended extensive psychological
testing for potential violence, intolerance of difference,
racism, sexism, and homophobia.835 we racommand that the
testing include more than a written "exam," and that simulations
be developed and incorporated into the screening process.
Questionnaires should be developed to determine applicants$
motivation for becoming police officers. Each applicant should
be investigated to determine whether he or she has any history of
555 LU, a.cLa., Testimony of Dr. Larry Capp, XIAM= HEARINGS,
November 12, 1991, at 256-257 (Capp testified that in response to
a "hue and cry" after a crime wave in Miami in the early 1980's,
hundreds of officers were hired without psychological testing
because tasting was expected to slow down the hiring process. As
a result, the force almost doubled in size, but many officers
were hired without testing or after having been rejected by other
departments; some of these remained on the force a decade later);
Testimony of Rathlean Worthy, Chairperson, Community Relations
Committee, UP -PAC, MIAMI HEARINGS, November 13, 1991, at 4851
Testimony of David Honig, General Counsel, Miami -Dada Branch,
NAACP, M=AM= RZARINGS, at 178 VEVIe have to make sure that
individuals with those.. (psychologically disturbed3 profiles
are screened out very assiduously."); Testimony of Helen Gros,
ACLU, HOUSTON HEARINGS, November 19, 1991, at 159-160
i"Individuals who are not suitedto deal with the variety of
ndividuals in situations that a large city has to offer are
simply not suited for law enforcement."=,Testimony of.Diane E.
Batson;' Btstr6eriatOir; ,.'Z4H'• ��iN�ELEB HEXRINGB, .�eceaber 3, 1991,
at•• 20 (The LAPD nedds - imprbvod "cdItural=sonsitive psychological,
:screening of •knd.• •counnseling :of" olf-lcers.. )'.. • .: ; ;
sn2
violence against intimates and family members. It is widely ;
known that there is a high incidence of battering (of wives and
girlfriends) by male police officers. Each applicant should be
investigated to determine whether he or she has a hidden agenda
in becoming a police officer,336 Careful investigation should
determine whether the applicant has the requisite maturity to
become a police officer.537
3.
Police departments should actively seek out and hire police
officers who are free of bias. This includes recruiting and
hiring greater numbers of African Americans and other minorities,
-
women, and "out" gays and lesbians.558 A significant part of
556 LU, e.g., Testimony of Helen Gros, ACLU, HOUSTON
-
BEARINGS, November 19, 1991, at 159-160 ("Individuals who view
their ultimate roles as enforcer, rather than peace officer, are
ill -suited to law enforcement.").
557 � a.a-I Testimony of Felicia Rodriguez, MIAMI
BEARINGS, November 12, 1991, at 279 (recommends thorough
-
investigation of backgrounds of officers before they work in the
-
commuaity); Testimony of Kathleen Worthy, Chairperson, Community
Relations Committee, UP -PAC, MIAMI HEARINGS, November 13, 1991,
at485.("Thare is now a greater responsibility on elected
officials to put in place a process for carefully screening
police job applicants . . .: :"); Testimony of Michael R. XcCrary,
-
Chief,.. Signal Hill Police Department, L0S ANGELES BEARINGS,
December 4, 1991, at 141 (" . I'm comfortable with the age of
21,.if,we carefully select our people. We -do reject a•number of
-
people that are 21 to maybe 30, because [we] still think they're
_
too immature.").
_
'Bltka tha, _ "Gay iDt"ficers Find Acceptance'an
Naw, York's- Police - Force; ". fit. Y: TES,•. February 21, 1993, at 1,
_ 203 93- 255
i .a f : •+a •.+•� 6> , • .a w • . ••t i • {. « . ft ! ;. •. . t. s•.. • ► .. •yi .. rr2.r. - : .: „ ..
.: r f ;,��. t «
psychological testing should address bias, and questionnaires
modeled after those used by the National Jury Project to select
Mess biased jurors should be used.559 Preference should be
given to police recruits with"racially sized residential,
educational, or employment backgrounds.
4.
Police departments vary in how aggressively and creatively
they recruit.560 Houston, for example, conducts nationwide
recruiting, retains an advertising agency, and uses mass
media.561 College campuses and military bases are
rr targeted.362 The St. Louis County Police Department targets
black colleges and universities and churches.563 Chesapeake,
Virginia recruits by advertising'in black newspapers, speaking on
1
local radio stations, attending traditionally black job fairs,
and going to black colleges; the Virginia Beach Police Department
has worked with local chapters of the NAACP and churches, while
539 AM JURYWORK: SYSTEMATIC TECHNIQUES (Elissa Kraus and
Beth Boncra, ads. , _ 2d ed. 1986)..
560 SM. infrg,, pp. 136-1500 Finding Fs.
561 An Testimony -of Assistant Chief Contreras,, HOtTSToN
HEARINGS, November 19, 1991, at 66-67.
563 AM Testimony of Dennis R. Long -'Mayor, ST. LOtTTS
BEARINGS f : December • b; • 1,993.; at.lt, ' • �,
204 ._
93 255
y,� • • i,✓. �•! A'• r .f.I.iJ hii : •R••. • i�"' � •'C ::•. is iS1{ +' . •2
the Norfolk police Department has worked with the Urban —
tea9ue.S64
Police Departments should learn from the tactics of military
recruiting. They should recruit everywheres in high schools as
well as colleges, in shopping districts, at recreational centers,
at bail fields, at the local basketball courts, at "options
counselling" sessions for teenage girls, at the Scouts, at places
where gangs hang out. They should use sophisticated and clever
media campaigns. They should offer incentives to join the
police, like money for further education, computer and other -
technological skills training, scholarship funds for the children
of police officers.
564 LU Testimony of Ian Shipley, Chief, Chesapeake Police
Department, NORFOLK HEARINGS, November 6, 1991, at 731 Testimony
of Chief Charles Wall,, VirginiLa:.Beach police. Departmewnt, NORNLK
HWINGS', November , 6, I99 i,'Testimony of Major Sheldon
Darden, Chief of Operations, , Norfolk, Police Depaaxt "t, voRrmx
HEARINGS;. November • 6:;..1991; "at • �: . • '"�
305. •. ..93- 25.5
r�.r. ..=,.r.j•'st�YtY•"•f �` ,' i. J;%;•I},Mi•.'Jr r1�AT..y..M'[ .ti. 'ti yi�...t �iJ i1�'•. i;i i..�iJJ`�.it •'f: i•'•/.,{:y.•'rY �.t . :� •t'+;•.. .i...r �� r
(
2. IT 18 ESSUTIAL TO 0219 CONTINUING THAININC AND EDUCATION
-
- J
It is essential to continue training and education beyond
the police academy.665 If multicultural understanding and
alternatives to violence are taught only to new recruits, what
-
they learn gill be quickly undone after contact with other
officers.566 In police departments which maintain a crime
control orientation and do not encourage positive community
_
-
interaction, too often the stress of police work combines with
constant exposure to an us versus them mentality within the
565 1"# Testimony of David Shaheed, President, Marion
`
County Bar Association, INDIANAPOLIS HEARINGS, December 17, 1991,
-
at 135 (advocating continued traininq, including sensitivity
-
-i
training of police officers despite their longevity on the
force); Testimony of Bolan Gros, ACLU, HOUSTON HEARINGS, November
19, 1991, at 159 ("Officers must be trained not only in the
essentials of law enforcement and Criminal Justice, but also in
interpersonal relations."); Testimony of Deloyd Parker, SHAPE,
HOUSTON HEARINGS, November 19, 1991, at 266 (officers presently
=
=
on the force and on the streets should go back for further
training in cultural differences); Testimony of Lis Morris,
Educating Coordinator, Houston ,Area Womnen's Center, HOUSTON
-
HEARINGS, November 19, 1991, at 80 (the report of their family
-
-
violence unit racommanded mandatory training for all levels in
=
-
the police department to eliminate sexist, racist and homophobic
behaviors, as well as increasing the number of female officers.);
-
=
Testimony of Xavier Suarez, Mayor of Miami, MIA= HEARINGS,
November 12,.1991, at 50,.74.-:
-
-
366 AM Testimony of Dr. harry Capp, Psychologist, MIAMI
HEARINGS, November 12, 1991s, at 213 (". . . [T]here is only so
much that you can reach through (a3 one weak program about the
black experience or. the Haitian. experience:tc.non-minority
::' `sa'
Officers and ; iaariy f�ictors in` terms - (of j nonverbal
-
=
communications and'nonverbal cuss.thit •imply can't be taught but
-
(
simply -have 'to be• experienced. a) . f
_
'
r. .. 206 .. _:
r 9-3 255g-
- ;�~.
. ' .+i : .:,,1Y •,y w �•.''.c. •Y r.'T , ti� • �'•/•i••.'Ci b •' • , • r.' • ��� i+L ••4.4
Kw, j.tJ :.• '�+.Y.y �. � r ♦+'ram Rt t. iS�.w• ,! ,�!�Vt1'�M••:�t 3i +j'•i. 1tY !ti'��•, u.vq.+•., ik �y ..
r.
department to supplant whatever understanding of diversity might
be taught at the academy.667 • ':
The training should include programs that are "clinical" in
nature, employing educational.sothods that include role plays,
simulations, and interactive exercises.568 The simulations
567 SM jA. at 233-234 ("We understand and we know from our
experiences that people do change and that there is a tempering
process that takes place. And in some cases there is a hardening
process that takes place as well [P]olice officers . . .
who patrol in high crime areas doal with a high level of
anxiety and stress on an ongoing basis . . . . They tend not to
have a whole lot of encounters with honest law abiding citizens -
. In certain neighborhoods it is certainly not unusual for -
their attitudes to be reflected with suspiciousness towards
everyone.").
568 fin Testimony of Fred Taylor, Director, Metro -Dade
Police Department,MIAMI HEARINGS, November 12, 1991, at 123, and
written report submitted at hearings, Metro -Dade -Violence
Reduction Study. (In 1985 Metro -Dade and the Police Foundation in
Washington D.C. conducted a joint study to find "ways of reducing
incidents of civilian use of force directed at officers, with the
result of fewer incidents of officers using higher levels of
force to protect themselves and control citizens." Taylor _
testified they looked at the kind of situations that generated a
lot of complaints or use of force reports, identified five
recurring types of situations and began training on how to deal
-
with those situations. The training includes communication
-
skills, defensive tactics, firearm recertification, and
interactive scenarios. According to Taylor, the department
=
reviews and adds now scenarios. All sworn officers and sergeants
undergo the training. According to the study, generally
increasing citizen dissatisfaction peaked during the year
-
-
training ended (1989), significantly declined the next year, and
=
continues to decline.) For an explication of clinical education
in a law school setting, MM a.g., Abbe Smith, "Basis O#Neill
=
Goes to Law schools The Clinical Education of the Sensitive, Now
_
Age Public Defender,".BARV. C.R.-C.L. L. REV. (forthcoming
winter, 1993); Phyllis Goldfarb, "The Theory-Practice.spiral: The
_
Ethics of Feminism and Clinical Education, 75 MINN. L. REV. 1599
d.
(1991); Anthony Amsterdam, "Clinical Legal Education -- A 21st
Century Perspective," 34 J. LEGAL EDUC. 612 (1984); David
Barnhizer, "The Clinical Method of Legal Instruction: Its Theory
-
and Implemsntation,•'! ..30. J•:: LEGAL •RDUC..• 67 .(1979) t- Gary Ballow,
=
"On Teaching -the Teachers: gone.Preliminary deflections on
Clinicaa.. Education., as •l*thodolgWj, ". • in CLINICAL EDUCATION FOR TM
_
207
.. •93- 255
_ - ..'.•CY'l�• •�ww%!; '�N�!�.lh �rM ''• i; .lPr+.: •.'; {•''��' �•'�: tit''' �l•;Cx �• ti� •will •ti 2 1• • f! k.M.•j+'tVd• }+..i.;•. ••!•
r � '-
should involve children, families, and neighborhoods of diverse
backgrounds. There should be are interdisciplinary team of
teachers/trainers to offer feedback on performances.
1.
Multicultural education must be an integrated part of every
part of the training and ongoing educational program.569 Most
Police officials who testified at the NAACP hearings were able to
quantify the hours or credits given to "sensitivity training" and
multiculturalism.570 This suggests that sensitivity to
diversity is seen as a separate topic, like having one class on
black history in a semester course in American history.
As policing occurs in a context of diversity, that context
must be part of every lecture, every presentation, every
discussion. Efforts should be made to gather a diverse staff of
LAW STUDENT 374, 374-413 (1973).
369 Am "Where the Injured Fly for Justice,"
'-' Bias Commission Study Commission, December 11, 1990 (recommends
legislative amendment.of statutes regarding training of officers,
including to increase the amount of training in ethnic and
cultural groups, to integrate the concept of racial and ethnic
bias into'other course curriculum, -to require instruction on
communication and cross-cultural avaraness for field training
officers, and to initiate "community interaction sessions.").
570 i, e.g., Testimony of Clarence Fisher,
Superintendent, Missouri. stste ._Highway. Patrol,. ST.. LO= -
HEARINGS, Decem1ber,6,'1991`0 et 23; Testimony of Major Dennis R.
Long, St. Louis County Police Department, ST...LOUIS BEARINGS
CDecember 6,'• -1901.; - at•'•23'.'•
a•. �•rt. • ..r : tix ..:ff •rc ti�q;b.j .L•! • •r..f�L 1. r''r'• •; 51�,Ii K. 1L �K • 1' • i' : �•• r•»•�%!•• i'. -tom ;rs —
t"v • T.i:�• • .•}% p`. Il:i:•' •L�!'_ ?L•! {•kI 7r. ii•• .tt' 1�: •. .,t i• '•.•' .,.. a r..� .t �•.. �"� k'y ,
teachers and trainers, so that different voices are heard in the
front of the class, and so that police officers roe talented
-.People of color and women in positions of authority.
2. Teachers _ ate,,,, trainers should _ come from_ within _ and
without the police to provide a number og„pgrspactiv
Those who conduct teaching sessions for the police should
come from academia, the minority community, the feminist
community, the gay and lesbian community, the religious
community, and those who work with the homeless, the mentally
i11, the drug and alcohol addicted, the battered.
ZEN
The insularity of the police and other aspects of police
culture might be altered by exposure to the perspectives of
others serving the same urban population. The hypothesis is that
the more views a police officer hears in the course of training
and ongoing education, the less likely he or she will conform to
a singular "police view."
There are a number of issues that could be•taught.to groups
of police officers, firefighters, social workers, community
mental health workers, public hospital workers, public -defenders,
and district attorneys• in. a, si gl*_ ssttiug. Each .group would
benefit from . Tosure .to• the. others. ..
-� 1 ... • . .zoo .9377 :255
w'• •• r: ..rat ? • ••� ' • • •-•�,' • ' •' •; : y. •+�• �y.� •� �� w•: •,•r•�.�'i. ., �'.«s{, ' j' "•'� a .; � } ' •;• "r; • �:�.: -• � �►
_ ''• ".-'i%t:". ;+ »:K.:�s *jtv:� vr•.:iv¢t•"S�u.�«...ja�� i t,k •�.^ P. t.� r jS .. I•r: i'�''';< ,a�►;.. r, .r r
P. PROMOTION AND ADVANCEnVT CRITERIA MUST BE PEEVAWATED
Criteria for advanoament and promotion should include a
history of nonviolent police intervention, the lack of civilian
complaints, ongoing educational achievement, ties to the
community, extraordinary efforts to build community. Preference
should be given to those who either come from or who have made
themselves part of the community.
G. A COMMUNITY -ORIENTED POLICING APPROACH SHOULD BE ADOPTED BY
ALL POLICE DEPARTMENTS
Every police department represented at the NAACP hearings
referred to their commitment to "community -oriented
i
• policing."571 Norfolk calls its program "PACE" -- Police
Assistance Community.Enforcament,572 while the program
established by the the St. Louis Metropolitan Police Department
571 Am Finding F3, Apra, Some departments are.attempting
to move away from an us versus them"attitude to a philosophy of
cooperation with the community.- An Alga Susan Michaelson,
_
George Rolling, Robert Wasserman, "Toward a Working Definition of
-_
Community Policing," WORKING PAPER #88-05-09, John F. Kennedy
School of Government, Program in Criminal Justice Policy and
Management, Harvard University, January 1988; George•L. Rolling,
"Police and Communities: The Quiet Revolution, '�PZRSPBCTMS ON
POLICING, no. 1 (National Institute of Justice and Harvard
-
University, June 1988)t Lee P. Brown, "Community Policing: A
Practical Guide for Police officials," PERSPECTIVES ON POLICING,
no. 12 (National Institute of Justice and Harvard University,
-
September 1989) .
_ -
572' Testimony of Rev. Joseph Green, Vice•Ma or NORFOLR
HEARINGS., Novembe1C 6r 1991,._.S* 19r.:,y
. ••. 93= 255
w=
.. .,a10
,. :.": r4,•h•t '.1•'!'i:'r• �':"'�•:1'•Y�fN i ,. •• :M.•ti.••IFj!•T�'i/'Att i:.'.t`J�j,�• N)i.�'.i �•I�:� tA.••\ +.r.f • C• • 1r tow.',
.. •. _ _ .f .. r f�: !4: P�\ siL� ;.�r�i Z;i1•. ::r �»�%•to -
is called COPS -- Community Oriented Policing Services.373 The Miami and Metro -Dade Police Departments have a number of -�
programs, all considered some form of "community policing."
Along with many who testified at the hearings, we strongly
recommend a community -oriented approach to polieing.574 We
applaud those police departments which have embraced a community -
oriented approach, and encourage then to continue the work. The
problem with efforts so far is that they appear to be piecemeal
and extraordinary, rather than integrated into the scheme of the
entire policing enterprise.573 =
Community policing is a radically different approach to
crime and other urban problems than what we think of as -
"traditional" policing.576 Community policing seeks to
- 'address not only crime, but Zj=, perhaps an even more crippling
= societal epidemic.577 Community policing also seeks to
573 fin Testimony of Col. David A. Robbins, President of the
St. Louis Board of Police Commissioners, ST. L0UIS HEARINGS, -
December 6, 1991, at 38-39 (COPS tries to "bridge the gap between -
resident and police" and is "leading our department to a
stronger focus on customer satisfaction 0 .").
574 fin Finding F3, supra.
575 AU. _g•,, Testimony of Dr. Gilbert Raiford, HIM -
HEARINGS, November 13, 1991, at 609.("what we have here is =
fragmentation. Everybody gets a little bit of a lot -of different
things. They spread them out and it looks good. We have no big,
comprehensive plans, we have nothing like that to pull this thing
together.That is why there are no results. There is a lot of
spinning•of'wheels, a lot of action, but nothing resulting from
it that ie.positive and sustaining.").
576 &n BPARRCw, MpORE, XMINEDY, BEYOND 911, AM= note 6,
at to +/
231 93 255 .�
.q trL}►.Y•• •7l.:• .'L,t•.4ai• i:. Ya •��. ••i • :' y♦,7_ ♦ iJ a,r •r• ;�� ♦' .• t t ••A..'r. ♦'•t •. _..• •P�`
•"�} :•S S•!,.♦ R •..• Rt ss, 1�.�p1�,,., 1i•�4: ►7 �•� 'S �S;• h•K�At�"�• •�.�Y'�• "�4.i 1 a. S•r'.• • .. •
address such diffuse social problems as community and racial
4
tension.378
Between the deep-seated causes of crime on the one hand and
serious, violent crime on the other "lies a vast world of mundane
friction and hurt."579 This is where fear, tension, and
community disorder take root and grow:
Disorder and neglect -- aggressive, drunken
panhandlers, threatening youths, walls sullied by gang
graffiti -- often seem to signal that an area has been
abandoned to the forces of decline, and can be an even
stronger trigger for fear than crime itself.
Disputes -- inside families, between landlords and
tenants, employers and employees, black and white
neighborhood basketball teams, delivery drivers and
other road users -- can cut at the fabric of social and
community life and often develop into assaults and
other crimes. Social and medical emergencies --
runaways, the homeless, the dangerously ill clothed and
ill fed -- are serious on their own merits
frequently lead to victimization and crime.
Community policing means more than educating the public
about the work of the police department, the dangers of drug
abuse or crime prevention. Community oriented policing means
actively engaging the community in defining problems, setting
priorities and goals for the police, and in finding solutions to
community problems.581 Foot patrol is a central part of
378 �� a
579 Zd. at 5. —
580
581 fiM Testimony of Calvin Ross, Chief, Miami Police
Department, HIM HEARINGS, November 13, 19918 at 455 ("The
police department operated in a vacuum going in to deal with what
.. they consider •am . disorders. . or. crime• .problems ,but the• difference
today 'e . ,[is�we •are . listening from[sie] the citizens, their
support and the . ideas f , hQw to -bent best d�ol with the. problems from
11Z
_ 93- 25
'::: r,:: :.tsCi, ;1 t�:: r�y'}`..`�}: r M,i:>Si+rMi"i►1r1'*;tst;•'SV.ty • .:• •''S`+► _• w: ;�:.�« '! a .: ►�;r �:,.. !. . y : a, s -
L
community policing.582 Getting police officers out of their
patrol cars and out on the streets meeting the people who live
there has proven to be good for crime prevention, good for
- community peace of mind, and good for police morale.
Community policing has also been called "problem -oriented
�a—
policing.a583 The theory behind problem -oriented policing is
_ Tthat a few common underlying conditions and problems lead to
seemingly distinct
g y police incidents. In order to understand the
incidents, police officers must examine their causes in the
broadest possible way. Police should go beyond criminal justice
methods, like arrest, and explore other avenues.584
Problem -oriented policing is proactive, not reactive.585
With the focus on patrol to prevent crime and "rapid response" to
-
catch criminals, modern police have become increasingly isolated
and reactive.586 Studies show that by the time police arrive
their experiences in the community. They live there. They know
the problems and they can best give us the input as to how to
deal with it.").
582 JU Testimony of Jimmy R. Burke, Chief of Police, Opa =_
Locka Police Department, MIAMI HEARINGS, November 12, 1991, at 97
("[O]fficers have to park their vehicles and walk, get close to
the citizens and remove the fear of contact on both sides.").
'__ fn Also SPARROW, MOORE, XENNEDY, BEYOND 911,. su= note 6; _
SKOLNICK AND BAYLEY, THE NEW BLUE LINE,- AM= note 490.
583 AM CDT GOLDSTSIN, : PROBLEM -ORIENTED POLICING, gypG
note 8 s SPARROW, MOORS -. KENNSDY', BEYOND 911, AM= note 6, at 17.
584 as BERMAN GOLDSTEIN, PROBLEM -ORIENTED POLICING, sU2rA-
note 8, at 32-34, 40-45.
585 at 18-21,.45-47. -
• .. .• •rift. �'. a••r.•: •�. .. 1�•t �r i:•,v :ate:. •.^• . .. •• .. ..
''58& SPARROW; MOORE, RErNNEDY,'BEYOND 9111 ARM note 6, at
21,
16..
213 ...; 93255
f •'t.R/:: r.�R •• ys•t1 •�ST'.ttT'1i ��•y•S :r '�Ir�•••Y'•••;�y ^J�j 1• •�S•' s.. '�:�'.�.s.t' r•'t f.y•.•✓.Y •, •�.:.�•:•
w is i� 4r.T \ •l:.►Ati►f •; t.M�ly1�'ii ,. t .,a �,'y;�. : j•p trP.•.. ts.r. e' •� • —
at a crime sceno, no natter how quick the response time, it in
generally already too late. Many crimes are discovered only when
victims return to their cars or homes to find then stolen or
broken into. Rapid response may provide some comfort to the
victim, but it is often not enough to prevent the crime or catch
the perpetrator.' In crimes where the victim is confronted by the
perpetrator, rapid response has proven equally insufficient. If
the victim/witness waits more than five minutes to call the
police, the perpetrator will be gone.387 In Kansas City, only
2 percent of the police department's serious crime calls were
thought to merit a rapid response.588 This finding is not
unique to Kansas City.589
Community policing and problem -oriented policing share such
in common. Both seek to balance reactive and proactive
strategies, responding to crises.and emergencies, but also
responding to what the community wants and needs. Both encourage
creativity and flexibility in dealing with complex urban
problems. Both prefer specialization and focus over coverage of
587 =. SM also, William'G. Spalman and Dale K. Brawn,
"Calling the Police: Citizen Reporting -of serious Crime
(Washington, D.C..:-National Institute of Justice, 1984).
588 Id.
589 Eric J. Scott, "Calls for Service: Citizen Demand
and Initial Police Response," (Washington, D.C.: National
Institute of Justice, 1981)1 William Spelmm, Michael oshima, and
George Belling, -"On the Competitive Enterprise of rerretinq Out
Crima: The Nature of the Probleaf the Capacity of the Police, and -
the Assessments of Victims;"' Progri:m 'in•- Criminal. Justice Policy
and Management, Kannody i School of =Government, Working Paper 87- _
- 05-01, ;June, 198T. .. .:. ..
- ..214 93- 255, _
+► %:rZ..'.r;.a.• rj�.r- *#6 .fa...je'a�i. .i, +li�l°,i ti!" i1!:"�rYa�•'1/•. , ►;Zrr{.�► •::.Tiw t�tv 7r:i w: c iel' `:• • : rfi �+ Cs, h! gS-. ii!K� —
t s.
vast geographic areas. Roth favor decentralization of police
command.590 Both soak a police -community partnership.
Community -oriented policing has the potential to change the
relationship between the police and the community, and to have
some impact on the layered antagonism that spawned the Rodney
1Ling incident and the many other examples of violence and
.degradation testified to in the hearings. Community policing =
means to diffuse the insider/outsider vision of the police, to
overcome police resistance to change, to chip away at police
culture.591
ol l
590 AM SROLNICX AND BAYLEY, THE NEW BLUE LINE, sulorn note
- 490; SPARROW, MOORE, XENNEDY, BEYOND 911, puflra note 6t
COLDSTEIN, PROBLEM -ORIENTED POLICING; lupra note a. -
591 MM•SROLNICR.AND BAYLEY, THE NEW BLUE ,LIMB
490.• note
-
215
93- 255 '
- '••:..w •..�' ii.'ti"R•.�.'.:11�.t.t,•�,k's(x•..,yt..j:l;•ti1..�1':it•!•.J•!1•'t�S'.�e.••'.RiJ1!n � �!1'�,r•�i .: •..'h;.• •.K • ,! • :'g .i. .,t'. � . .i..• M —
a
H. SOME FOWL DF DVILIAN REVIEW MUST BE ADOPTED BY ALL POLL
DEPARTMENTS
The XMCP hearings have reaffirmed the increasingly
widespread recognition that police misconduct must be taken
seriously, and that institutional mechanisms must be firmly in
place to promptly and adequately discipline offending officers.
There is a growing national consensus that some form of strong,
independent, civilian oversight is nece8sary.592 As Boston,s
St. Clair Commission concluded, "Only by bringing community
members into the (disciplinary] process can (the Internal Affairs
Division) hope to regain credibility and restore the public's
confidence that the . . [p]olice can be trusted to investigate
themselves.*593
The Christopher -Commission found in a survey of the twenty
largest cities in the -country and Madison, Wisconsin, that
thirteen have some form of civilian review: six have wholly
civilian review; lour have boards with a combination of both
sworn officers and civilians; three have parallel review
592 gn St. Clair Commission Report, at 3.29 (60% of our 30
largest cities have some form of civilian review; 10 have been
adopted since 1988, 15 since 1986); Samuel 1 Walker, "Civilian f t• h s0 Ls est'
Reviaw of the Police: A Nationa Survey o rq
Cities," (01-3,• Focus: Criminal Justice Policy, University of
LL
Nebraska, 1991); Lss Brown, President of the International
Association of Chills of Police, The Civilian R,gview Board:
Settinga Goal for Future Obsolescence, The International
Association for Civilian Oversight of haw Enforcement (IACOLE),
Newsletter Number 16, September, 2991 (submitted at MIAM'
HEARINGS)' } .. c • . • . R . _
. 593• -St .Cls3ac• CommisBionliepot,• at' .132.
216 4 2 K
y.. •. •: : •''... .+'•w:a �.i• .-'.r -..•'t'y •• !w•�.••i: •, •sew i'•i�; td:Al.:•••r. •. �, INi.. �►•. ./. .t►.�f•r •..•.. ^''.•�✓: .. .. Sv:... .ti, �. A•. t✓ a+� .. s:=
processes (police and Civilian) operating at the same time.S94
The cities in which NAACP hearings were held reflected these
varieties of civilian review, each having its own unique
nomenclature and format.-595
There was a strong, clear call from civilians (and some
police) who testified at the hearings for an independent review
3
board. For most, the need for independence was based on long,
painful experience, which had taught them that the police cannot
effectively investigate and discipline themselves. As one Lou
Angeles witness testified, "(T]he remedy is a Civilian Review
Board independent of the police department, independent of an
out -of -control department that tends to give a green light
to those officers [who engage in misconduct] . ."596
The NAACP recognizes the complexity of the issue of civilian
review, and recognizes that the Toren of review must vary from
municipality to municipality. However, we recommend that the
following be a part of every civilian review process:
594 Christopher Commission Report, at 171.
595 For example,. Houston has the Citiaen's•Review Committee
(CRC): Miami has the Office of Professional Compliance (OPC)l
Metro -Dade has the Independent Review Panel (IRP)s Indianapolis
has a Citizen's Complaint Office (CCO)t Virginia Beach had
recently instituted the first civilian board in 'Virginia history
at the time of the hearings.
.596 Testimony of Michael Zinxun, Coalition Against Police
_ Abuse, Committee for Justice, LOS ANGELLS UZARINGB, December 3,
1991,. at. loo. --•J!' allTestimony- of, Mary Redd, 'Urban League,
NORFOLK HEARINGS, 'at •177 (acitizen review panel would allow the
_ ..Police •.to.:"learfl• from. •#,hs :experiet�cas: got;... -.:.. citizens.:") .
•217 93 255
'•�►"; Ji►•'•; /tote . •. v i•• i• Y: b�wi irNt'tN•: ,:?'M. .i.,r• . -A.r►S.RY .L• •!w. .}.• �b.✓.M1f .'f .•'.I "•� �'�~. :•q+.; • 1• •r .•. e•«.'.�j
I.
Independent investigatory poser is sabsolutely necessary to
doting] this job.0597 This power should include independent
investigative staffs,598 subpoena power,599 and the power
to compel officers to cooperate.600
397 Testimony of Brian Reeder, Executive Director of
Indianapolis Citizens Complaint Office, INDIANAPOLIS HEARINGS,
December 17, 1991, at 73. fin also Testimony of Deloyd Parker,
Director of a Houston community group, HOUSTON HEARINGS, November
19, 1991, at 233, 254 (urging the creation of a real civilian
review board with "teeth.").
398 = In Testimony of Brian Roeder, Executive Director,
Citizen's Complaint Office, INDIANAPOLIS SINGS, at 93-94 (CCO
does not receive funding for its own investigative staff, so IAD
investigates all complaints.).
399 Among the cities in which hearings were held,, only the
Indianapolis Citizen's Complaint Office has subpoena power.
M Testimony of West Pomeray, XXAMI BEARINGS, November 12, 1991;_
at 57 (recommending subpoena power)i Testimony of Diane 8.
Watson, L0S ANGELES HEARINGS, December 3, 1991, at 23
(recommending subpoena power):
600� S.a., Testimony of Phyllis Wunsch*, Assistant Chief,
of Police, IAD, HOUSTON HEARINGS, November 19, 19918, at 112 (in
Houston,,officars can be ordered to answer questions n -
administrative proceedings, but not criminal investigations.
.,Wmshe said.. -that. officers. "do. vooporate" , and .that^ police
departments supply -the. review• board. with the information it
needs . )..
.93_ 2.55;
$i r:l; ' a.iti i.+�'.w.. . �...: • t 'y .. ,�'s. • .r : •.�; ..�• •'•'t .s:.. „
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26
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The NAACP strongly recommends that the sajority of
those who sit on civilian review boards be civilians. Civilian
review boards must be viewed as nonpartisan and independent in
order to gain the trust and confidence of the entire community.
In particular, civilian review boards must be independent of
police authority.601
Public confidence in and access to civilian review boards is
imperative. The process should be straight -forward and easy to
understand. Narjry witnesses at the hearings testified that too
many citizens are unfamiliar with civilian review
processes.602 Several testified that civilian review
processes need to be made more visible.603 several witnesses
testified that there is a widespread lack of trust when review
601 &M Testimony of Judy Steen Davis, MIAMI BEARINGS,
December 13, 2991; at 567.
602 An? jAg., Testimony of Nolen Gros, Texas ACLU, HOUSTON
HEARINGS, November 191, 199.1, at 179-801 Testimony of Mayor
Cathryn Whitmire, HOUSTON BEARINGS, November 19, 1991, at 48-49;
Testimony of Joe Persell, MUM HEARINGS, December 12; 1991, at '
:225-26s Testimony of Rosa Rondon, MIAMI HEARINGS, December 12, -
19911 at 269.
603. • s • Qi.• .Testimony of Nest Pomeray, ICU MI HEARINGS,
November l2 t, :199iR •.at..�9:k'�,. :..•. _ . _•, , ,..: .:. _ v f-
. ' • 219
• 93- 255
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boarder work *behind closed doors, a makiinq public only the l -
wrssult,�. �bd4
9
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604 il!• ls3a:. Testimony of,Etwsrand Samos Taylor,
' $•: GS:i- Dscembsr*220
18. : 19�1�: •at; ].Sl:. ,
9
V i
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a,
The problem of police conduct and community relations will
not be solved overnight. As &•result of six public hearings -and
a collection of other data, the NAACP has identified a number of
significant issues and has proposed a number of far-reaching
reforms. However, the NAACP recognises that it has just begun a
long -overdue process of change. The NAACP intends to insure that
the issues this report has raised will continua to be addressed
well into the next century.
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Errata Sheet
0oocurrancse" is Misspelled - page 6, line 6
"they" should be "it" - page 18, line i
"teenage" should be "teenager" - page 27, line 8
Ray Fauntroy should be identified as president of the Miami
Chapter of the Southern Christian Leadership Conference -
page 31 3rd paragraph line 1
Rev. Willie Simms, not Simmons - page 31, 4th paragraph line 3
"Roland Durance" should be "Rolande Dorancy" - page 135, N. 355 s
line 4
"were should be "was" - page 38 line 9
"women" should be "woman" - page 53 line 14
Rev. Willie Simms, not "Dr. Willie Simmons". - page 86 n. 205
"EMPLOYMENT" is misspelled - page 143 n. 384
"44%%" should be "44%" - page 147, line 13
ow
"departments$" should be "department's" - page 149 line 17
"Described" should be "described" - page 193 n. 533 line 3
93• 255