The New World of Police Accountability

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Samuel Walker

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  • Dedication

    This book is dedicated to HERMAN GOLDSTEIN who understood these issues long before anyone else.

    Copyright

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    Preface

    This book represents the culmination of about 15 years of intensive research and consulting on the issue of police accountability and 30 years of research and writing on policing in general. Looking back, it is astonishing how much has changed in this field just during these past 15 years. One of the most important programs described in this book—police auditors—was not even created until 1993. Early intervention systems, meanwhile, were in their infancy and had never been studied.

    My own thinking about the issue of police accountability and how to achieve it has changed dramatically over this past decade and a half. One reflection of this is the change in some of the most important terminology I use. Back then, I referred to “civilian review boards”; today I refer to “citizen oversight.” Only 7 years ago, I undertook a study of “early warning systems” in policing. Today I refer to “early intervention systems.” These changes in terminology reflect important changes in my understanding of the institutions and programs at hand.

    On another important issue—the one that closes this book, in fact—my thinking is profoundly mixed. On the one hand I am far more optimistic about the possibilities of meaningful police reform and for achieving genuine police accountability. I think we now have a reasonably good understanding of what needs to be done, of what strategies and tools are likely to be effective. The main goal of this book is to bring these insights to a broader audience. At the same time, however, I remain deeply skeptical about the possibilities of lasting change. The evidence for these thoughts is found in Chapter Seven. Police departments, like universities, private corporations, and all large bureaucracies, are extremely difficult to change. Although this book is cautiously optimistic, only time will tell whether that optimism is fully justified.

    One thing is certain, however. This book sums up the enormous changes in the field of police accountability over the past 15 years. In light of that, it is safe to assume that the next 5 or 10 years will witness further dramatic changes. There will undoubtedly be new strategies and tools, together with new evidence on what works and what does not. The next 15 years will undoubtedly be as exciting as the past 15.

    Acknowledgments

    This book is dedicated to Herman Goldstein. Herman has greatly influenced my understanding of what the police do and how we might effectively control officer conduct to ensure compliance with the standards of a democratic society. Through a career that extends back almost half a century, he has shaped our thinking about the police more than any other single individual. As a member of the American Bar Foundation Survey in the mid-1950s, he helped to uncover the complexity of the police role and the pervasive exercise of discretion by police officers. He has wrestled with these issues ever since. There is a direct connection between his early work on police discretion and this book. Along the way, Herman developed the concept of problem-oriented policing, arguably the most important new idea related to how the police should address crime and disorder. I would like to thank Herman for his influence on my own career and for his immeasurable impact on the field of policing.

    Many other people also contributed to the ideas expressed in this book. Merrick Bobb is simply the nation's leading expert on police accountability, and I have learned much from him. I have also learned much about policing through my many conversations with Teresa Guerrero-Daley, the San Jose Independent Police Auditor; Mike Gennaco, head of the Office of Independent Review for the Los Angeles Sheriff's Department; Richard Rosenthal, head of the Portland, Oregon, Independent Police Review office; Sam Pailca, director of the Office of Professional Accountability in Seattle; Ellen Ceisler-Green, head of the Office of Integrity and Accountability in Philadelphia; Pierce Murphy, the Boise Ombudsman; and Tristan Bonn, the Public Safety Auditor in Omaha. Richard Jerome, formerly of the U.S. Department of Justice, has also provided useful insights into policing.

    This book is a greatly expanded version of the ideas I set forth in an article published in the St. Louis University Law Public Law Review (Vol. XXII, No. 1, 2003). That article, in turn, was based on the presentation I gave at a Symposium on New Approaches to Ensuring the Legitimacy of Police Conduct that the law school sponsored in April 2002. I would like to thank the law school and Professor Roger Goldman in particular for inviting me to speak at the conference and providing the opportunity to develop my ideas on this subject.

    Several police departments have been particularly open and generous with their time. In particular I would like to thank officers in the Phoenix, AZ; Minneapolis, MN; and Austin, TX, police departments, as well as those in the Los Angeles Sheriff's Department who have helped me.

    Geoff Alpert of the University of South Carolina has been a great friend and colleague on the subject of early intervention systems. Lorie Fridell, Research Director at the Police Executive Research Forum, has supported my work in various ways and has also been a great friend. Several of my former graduate students have also contributed to my work and the ideas in this book. Vic Bumphus undertook the first national survey of citizen oversight mechanisms for his master's thesis. Carol Archbold's dissertation investigated police risk management systems. Dawn Irlbeck has assisted with early intervention systems and other projects. Finally, Chuck Katz has been a great student and is now coauthor of another book with me.

  • Notes

    1. Merrick Bobb, Special Counsel, 15th Semiannual Report (Los Angeles: Los Angeles County Sheriff's Department, 2002), 16. The reports of the Special Counsel are available at http://www.parc.info.

    2. Ibid.

    3. Merrick Bobb, Special Counsel, 9th Semiannual Report (Los Angeles: Los Angeles County Sheriff's Department, 1998), 8. Report available at http://www.parc.info.

    4. Ibid.

    5. Merrick Bobb, 15th Semiannual Report, 12.

    6. United States v. New Jersey, Consent Decree (1999). All of the consent decrees, memoranda of agreement, and letters negotiated by the U.S. Department of Justice are available at http://www.usdoj.gov/crt/split.

    7. This information is based on personal observations by the author at a large police department that prefers to remain anonymous.

    8. Samuel Walker, Early Intervention Systems for Law Enforcement Agencies: A Planning and Management Guide (Washington, DC: U.S. Department of Justice, 2003). The report is available at http://www.cops.usdoj.gov and http://www.ncjrs.org, NCJ 201245.

    9. A summary of the argument in this book appeared in Samuel Walker, “The New Paradigm of Police Accountability: The U.S. Justice Department ‘Pattern or Practice’ Suits in Context,” St. Louis University Public Law Review XXII, no. 1 (2003): 3–52.

    10. Barbara Armacost, “Organizational Culture and Police Misconduct,” George Washington Law Review 72 (March 2004): 457–59.

    11. Samuel Walker, A Critical History of Police Reform (Lexington, MA: Lexington Books, 1977).

    12. Bobb, 15th Semiannual Report, 10.

    13. Armacost, “Organizational Culture and Police Misconduct,” 455.

    14. 42 U.S.C. §§ 14141. Cause of action.

    (a) Unlawful conduct

    It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

    (b) Civil action by Attorney General

    Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.

    15. United States Department of Justice, Principles for Promoting Police Integrity (Washington, DC: Department of Justice, 2001). Available at http://www.ncjrs.org, NCJ 186189.

    16. The settlements are available at http://www.usdoj.gov/crt/split.

    17. These reports can be found on the Web sites of the various police departments, for example: Los Angeles: http://www.lapdonline.org.

    18. Los Angeles Sheriff's Department: http://www.parc.info. Boise: http://www.boiseom-budsman.org. San Jose: http://www.ci.san-jose.ca.us/ipa/home.html.

    19. Several are available on the PARC Web site: http://www.parc.info.

    20. The literature on American policing is disturbingly scant on the subject of accountability. This summary of the dimensions of accountability is taken from the Independent Commission on Policing in Northern Ireland (the Patten Commission) Report (2000) at Chap. 5, “Accountability I: The Present Position,” Sec 5.4.

    21. David Bayley, Police for the Future (New York: Oxford University Press, 1994).

    22. The term legitimacy is increasingly used to encompass the related issues of police compliance with the law and citizen perceptions of the police. See National Academy of Sciences, Fairness and Effectiveness in Policing: The Evidence (Washington, DC: National Academy Press, 2004).

    23. Samuel Walker and Charles M. Katz, The Police in America: An Introduction, 5th ed. (New York: McGraw-Hill, 2005), 473–75.

    24. This point is the basic theme of Samuel Walker, Popular Justice: A History of American Criminal Justice, 2nd ed. (New York: Oxford University Press, 1998).

    25. This is the central theme in Walker, Popular Justice: A History of American Criminal Justice. Jerome Skolnick, Justice Without Trial: Law Enforcement in a Democratic Society, 3rd ed. (New York: Macmillan, 1994).

    26. Herbert Packer, The Limits of the Criminal Sanction (Stanford: Stanford University Press, 1968), Chap. 8, 149–73.

    27. Cincinnati Enquirer, “2003: the Year in Review,” December 31, 2003.

    28. Lou Cannon, Official Negligence: How Rodney King Changed Los Angeles and the LAPD (New York: Times Books, 1997).

    29. National Advisory Commission on Civil Disorders, Report (New York: Bantam Books, 1968).

    30. Richard A. Leo and George C. Thomas, eds., The Miranda Debate: Law, Justice, and Policing (Boston: Northeastern University Press, 1998).

    31. Jack Greene, “Community Policing in America: Changing the Nature, Structure, and Function of the Police,” in Criminal Justice 2000. V. 3: Policies, Processes, and Decisions of the Criminal Justice System, ed. Julie Horney, (Washington, DC: U.S. Department of Justice, 2000), 299. http://www.ncjrs.org, NCJ 182410. Michael S. Scott, Problem-Oriented Policing: Reflections on the First 20 Years (Washington, DC: Department of Justice, 2000). Available at http://www.cops.usdoj.gov.

    32. Walker and Katz, The Police in America, 4th ed., 387–89.

    33. David L. Carter, Allen D. Sapp, and Darrel W. Stephens, The State of Police Education: Policy Direction for the 21st Century (Washington, DC: Police Executive Research Forum, 1989). Trends in policing are reviewed in Walker and Katz, The Police in America, 431–38.

    34. The best summary of these best practices is the Department of Justice, Principles for Promoting Police Integrity. This report was developed through a series of Department of Justice sponsored conferences as workshops in the preceding years. See U.S. Department of Justice, “Attorney General's Conference: Strengthening Police-Community Relationships,” Summary Report. Washington, DC, June 1999.

    35. Walker, “The New Paradigm of Police Accountability: The U.S. Justice Department ‘Pattern or Practice’ Suits in Context.” (see n. 9)

    36. Herman Goldstein, personal communication with author, June 2003.

    37. The consent decrees and memoranda of understanding negotiated by the Justice Department are available at http://www.usdoj.gov/crt/split.

    38. Debra Livingston, “Police Reform and the Department of Justice: An Essay on Accountability,” Buffalo Criminal Law Review 2 (1999): 848.

    39. Erwin Chemerinsky, An Independent Analysis of the Los Angeles Police Department's Board of Inquiry Report on the Rampart Scandal (Los Angeles: Police Protective League, 2000). The classic work on the norms of secrecy in the police subculture is William A. Westley, Violence and the Police (Cambridge: MIT Press, 1970).

    40. National Institute of Medicine, To Err is Human (Washington, DC: National Academy Press, 1999).

    41. See for example the City of Baltimore Citistats program at http://www.ci.baltimore.md.us.

    42. James J. Willis, Stephen D. Mastrofski, David Weisburd, and Rosann Greenspan, Compstat and Organizational Change in the Lowell Police Department: Challenges and Opportunities (Washington, DC: The Police Foundation, 2004).

    43. Michael S. Scott, Problem-Oriented Policing: Reflections on the First 20 Years (Washington, DC: Department of Justice, 2002). Available at http://www.ncjrs.org.

    44. Bobb, Special Counsel, 15th Semiannual Report, 34.

    45. Summarized in Walker, “The New Paradigm of Police Accountability.”

    46. Commission to Investigate Allegations of Police Corruption and the Anti-Corruptions Procedures of the Police Department [Mollen Commission], Commission Report (New York, 1994). Available at http://www.parc.info.

    47. Department of Justice, Principles for Promoting Police Integrity.

    48. The reports of the OIR and the Special Counsel are available at http://www.parc.info.

    49. Samuel Walker, A Critical History of Police Reform (Lexington, MA: Lexington Books, 1977).

    50. Barbara Armacost, “Organizational Culture and Police Misconduct,” George Washington Law Review 72 (March 2004): 455.

    51. Walker, A Critical History of Police Reform.

    52. See the provocative discussion of the development of a police monopoly over their professional mandate in Peter K. Manning, Police Work (Cambridge: MIT Press, 1977). A critique of this insular professional monopoly over the delivery of public services is one of the core principles of the community policing movement. George L. Kelling and Mark H. Moore, The Evolving Strategy of Policing, Perspectives on Policing, no. 4 (Washington, DC: U.S. Justice Department, 1988).

    53. For a contemporary account of the fierce reaction to the Supreme Court's decisions on the police, see Fred P. Graham, The Self-Inflicted Wound (New York: Macmillan, 1970). On the reaction to police unions, see Peter Feuille, Police Unionism (Lexington, MA: Lexington Books, 1977). See the various contributions in the valuable collection, William A. Geller, ed., Police Leadership in America: Crisis and Opportunity (New York: Praeger, 1985).

    54. Walker, A Critical History of Police Reform.

    55. It is possible to benchmark improvements in policing by comparing the data on police in The Cleveland Foundation, Cleveland Survey (Cleveland: Cleveland Foundation, 1922) (the first of the modern crime commissions), National Commission on Law Observance and Enforcement, The Police (Washington, DC: Government Printing Office, 1931) (the first national crime commission), and the President's Commission on Law Enforcement, Task Force Report: The Police (Washington, DC: Government Printing Office, 1967).

    56. The characterization of the police as “adjuncts to the machine” is in Robert Fogelson, Big City Police (Cambridge: MIT Press, 1977), 13.

    57. National Advisory Commission on Civil Disorders, Report. (see n. 29)

    58. Samuel Walker, Police Accountability: The Role of Citizen Oversight (Belmont, CA: Wadsworth, 2001), 180–83, 193–201.

    59. National Advisory Commission on Civil Disorders, Report, 301.

    60. O. W. Wilson and Roy C. McLaren, Police Administration, 4th ed. (New York: McGraw-Hill, 1974), 136–41.

    61. Samuel Walker, “The Creation of the Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey of Criminal Justice, 1956–1969,” Justice Quarterly, 9 (1992): 201.

    62. National Academy of Sciences, Fairness and Effectiveness in Policing: The Evidence (Washington, DC: National Academy Press, 2004), 34.

    63. Philadelphia Police Study Task Force, Philadelphia and its Police (Philadelphia, 1987), 48–49.

    64. City of Buffalo, Press Release, July 17, 2003, http://www.ci.buffalo.ny.us.

    65. Merrick Bobb, Special Counsel, 9th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 1998). Available at http://www.parc.info. People of California v. City of Riverside, Stipulated Judgment (March 2001), Para 58. Available at http://www.ci.riverside.ca.us/rpd. NAACP, ACLU, and the Barrio Project v. City of Philadelphia, Stipulated Agreement, September, 1996.

    66. Robin Sheppard Engel, How Police Supervisory Styles Influence Patrol Officer Behavior (Washington, DC: Department of Justice, 2003). Available at http://www.ncjrs.org, NCJ 194078.

    67. Los Angeles Police Department, Board of Inquiry Report on the Rampart Incident (Los Angeles: Los Angeles Police Department, 2000), 335.

    68. Mollen Commission, Report (New York, 1994), 81. Available at http://www.parc.info.

    69. Timothy Oettmeier and Mary Ann Wycoff, Personnel Performance Evaluations in the Community Policing Context (Washington, DC: Police Executive Research Forum, 1997), 5.

    70. Frank Landy, Performance Appraisal in Police Departments (Washington, DC: The Police Foundation, 1977).

    71. Detroit Free Press, “City Had a Bad Cop Warning,” Dec 29, 2000, 1.

    72. Carol Archbold, Police Accountability, Risk Management, and Legal Advising (New York: LFB Scholarly Publishing, 2004).

    73. President's Commission on Law Enforcement and Administration of Justice, Task Force Report: The Police (Washington, DC: Government Printing Office, 1967), 63–67. American Bar Association, Standards Relating to the Urban Police Function, 2nd ed. (Boston: Little, Brown, 1980), Standard 1–7.9.

    74. Philadelphia, Integrity and Accountability Office, Disciplinary System (Philadelphia: Philadelphia Police Department, 2001), 38.

    75. See, for example, the shocking report by the National Academy of Sciences on accidental deaths in American hospitals: Institute of Medicine, To Err Is Human: Building a Safer Health System (Washington, DC: National Academy Press, 2000).

    76. Commission on Accreditation for Law Enforcement Agencies, Standards for Law Enforcement Agencies, 4th ed. (Fairfax, VA: CALEA, 1998), Standard 51.1, 53.2.

    77. The CALEA Web site is http://www.calea.org.

    78. Commission on Accreditation for Law Enforcement Agencies, Standards for Law Enforcement Agencies, Standard 41.2.2.

    79. Ibid., Standard 35.1.1.

    80. American Correctional Association, Performance-Based Standards for Adult Community Residential Services, 4th ed. (Lanham, MD: American Correctional Association, 2000).

    81. See the commentary on the failure of the law enforcement profession and state governments in this regard in American Bar Association, Standards Relating to the Urban Police Function, 2nd ed. (Boston: Little, Brown, 1980), particularly Standard 1–5.3.

    82. On the development of a pervasive “rights culture” in America, see Samuel Walker, The Rights Revolution (New York: Oxford University Press, 1994).

    83. On the structure of American policing and its impact, see National Academy of Sciences, Fairness and Effectiveness in Policing: The Evidence (Washington, DC: National Academy Press, 2004), chap. 3.

    84. Malcolm M. Feeley and Edward L. Rubin, Judicial Policy Making and the Modern State (New York: Cambridge University Press, 1998).

    85. Richard Leo and George C. Thomas, III, eds., The Miranda Debate: Law, Justice, and Policing (Boston: Northeastern University Press, 1998).

    86. Myron Orfield, “The Exclusionary Rule and Deterrence: An Empirical Study of Chicago Narcotics Officers,” University of Chicago Law Review 54 (Summer 1983): 1016–55. This study has one of the most detailed and illuminating accounts of the changes in training and relationships between the police and local prosecutors as a result of the Mapp decision.

    87. Samuel Walker, Taming the System: The Control of Discretion in Criminal Justice, 1950–1990 (New York: Oxford University Press, 1993).

    88. On the prisoner's rights movement: Malcolm M. Feeley and Edward L. Rubin, Judicial Policy Making and the Modern State (New York: Cambridge University Press, 1998).

    89. Samuel Walker, “Historical Roots of the Legal Control of Police Behavior,” in Police Innovation and the Control of the Police, ed. David Weisburd and Craig Uchida, 32–55 (New York: Springer-Verlag, 1993).

    90. Anthony M. Amsterdam, “Perspectives on the Fourth Amendment,” Minnesota Law Review 58 (1973–74): 349–577. American Bar Association, Standards Relating to the Urban Police Function, Standard 1–5.3, “Sanctions,” and accompanying commentary.

    91. Dallin H. Oaks, “Studying the Exclusionary Rule in Search and Seizure,” University of Chicago Law Review 37 (Summer 1970): 665–757.

    92. See the research by Richard Leo, excerpted in Leo and Thomas, eds., The Miranda Debate.

    93. American Bar Association, Standards Relating to the Urban Police Function.

    94. Mary M. Cheh, “Are Law Suits an Answer to Police Brutality?” in And Justice for All: Understanding and Controlling Police Abuse of Force, ed. William A. Geller and Hans Toch, 256–8 (Washington, DC: Police Executive Research Forum, 1995).

    95. “Project: Suing the Police in Federal Court,” Yale Law Journal 88 (1979): 781. Candace McCoy, “Lawsuits Against Police: What Impact Do They Really Have,” Criminal Law Bulletin 20 (1984): 53. Human Rights Watch concluded that civil litigation “must always be available, but cannot be a substitute for police departmental mechanisms of accountability or prosecutorial action.” Shielded from Justice (Washington, DC: Human Rights Watch, 1998), 85.

    96. The 1992 Kolts investigation of the Los Angeles Sheriff's Department was prompted primarily by concern about civil litigation costs. James G. Kolts, The Los Angeles Sheriff's Department (Los Angeles: LASD, 1992). Available at http://www.parc.info.

    97. Human Rights Watch, Shielded from Justice, 81.

    98. Armacost, “Organizational Culture and Police Misconduct,” 474–5.

    99. Carol Archbold, Police Accountability, Risk Management, and Legal Advising (New York: LFB Scholarly Publishing, 2004). Note also that the leading textbook on police administration contains no reference to risk management, James J. Fyfe, Jack R. Greene, and others, Police Administration, 5th ed. (New York: McGraw-Hill, 1997) This is the updated version of the classic O. W. Wilson and Roy C. McLlaren, Police Administration, 4th ed. (New York: McGraw-Hill, 1977).

    100. Kolts, The Los Angeles Sheriff's Department.

    101. The work of the Special Litigation Section of the Civil Rights Division is available at http://www.usdoj.gov/crt/split.

    102. Feeley and Rubin, Judicial Policy Making and the Modern State.

    103. Rizzo v. Goode, 423 U.S. 362 (1976). This discussion is based on several conversations with Professor Goldstein over the years, and I am much in debt to him for his insights.

    104. Feeley and Rubin, Judicial Policy Making and the Modern State, especially the reference to Rizzo v. Goode on pp. 250–251.

    105. Vera Institute of Justice, Prosecuting Police Misconduct (New York: Vera Institute of Justice, 1998). Available at http://www.vera.org. “Securing Police Compliance with Constitutional Limitations: The Exclusionary Rule and other Devices,” in National Commission on the Causes and Prevention of Violence, Report (New York: Bantam Books, 1970), 405–7. Human Rights Watch, Shielded from Justice, 85–103. “Criminal prosecutions and other kinds of law suits have not played a major role in addressing the problem of excessive force by the police. ….” Cheh, “Are Law Suits an Answer to Police Brutality?” 234.

    106. The phrase is from Lawrence W. Sherman's study of police corruption. Lawrence W. Sherman, Scandal and Reform (Berkeley: University of California Press, 1978).

    107. A useful collection and analysis is Anthony M. Platt, ed., The Politics of Riot Commissions, 1917–1970 (New York: Collier Books, 1971).

    108. Christopher Commission, Report of the Independent Commission on the Los Angeles Police Department (Los Angeles, 1991). Available at http://www.parc.info. Human Rights Watch, Shielded from Justice, 44–46.

    109. National Commission on Law Observance and Enforcement, Lawlessness in Law Enforcement (Washington, DC: Government Printing Office, 1931).

    110. President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (Washington, DC: Government Printing Office, 1967). See also the accompanying Task Force Report: The Police (Washington, DC: Government Printing Office, 1967).

    111. American Bar Association, Standards Relating to the Urban Police Function, 2nd ed. (1980).

    112. Samuel Walker, “Setting the Standards: The Efforts and Impact of Blue-Ribbon Commissions on the Police,” in Police Leadership in America: Crisis and Opportunity, ed. William A. Geller (New York: Praeger, 1985, 354–70).

    113. Events in Los Angeles in the decade of the 1990s offer one notable example of this process. The original 1991 beating of Rodney King led to the Christopher Commission. It prompted two follow-up reports assessing implementation of the recommendations. A few years later the Rampart scandal erupted, prompting three separate reports and the Department of Justice investigation that resulted in the current consent decree. The notable exception to this rule, also in Los Angeles ironically, is the sequence of events surrounding the Sheriff's Department, beginning with the Kolts Commission: James G. Kolts, The Los Angeles County Sheriff's Department, which in turn led to the creation of the permanent office of the Special Counsel. See the discussion in Chapter Six of this book.

    114. Walker, Police Accountability: The Role of Citizen Oversight.

    115. Ibid.

    116. The brief history and quick demise of the New York City CCRB is told in Algernon Black, The People and the Police (New York: McGraw-Hill, 1968).

    117. Walker, Police Accountability: The Role of Citizen Oversight.

    118. New York Civil Liberties Union, Five Years of Civilian Review: A Mandate Unfulfilled (New York: New York Civil Liberties Union, 1998).

    119. New Orleans, Police Civilian-Review Task Force, Draft Report (2002), 16. Available at http://www.new-orleans.la.us/.

    120. Merrick Bobb and Julio A. Thompson, The Detroit Police Department (1997). Unpublished report, posted on the Web by the Detroit Free Press:http://www.freep.com.

    121. A discussion of the different models of oversight agencies, and the meaning of “independence” in this context is in Walker, Police Accountability: The Role of Citizen Oversight, 61–63. See also Richard Terrill, Alternative Perceptions of Independence in Civilian Oversight, Journal of Police Science and Administration 17 (1990): 77–83.

    122. Comparative data on staffing levels is in New York Civil Liberties Union, Civilian Review Agencies: A Comparative Study (New York: New York Civil Liberties Union, 1993). See in particular the low level of staffing for the Cincinnati Office of Municipal Investigations, with only one investigator for about 1,000 sworn officers.

    123. A visit to the New Orleans Office of Municipal Investigations in 1995 by a Human Rights Watch investigator found that “the office was absolutely silent, no phones were ringing, and some staffers were playing computer video games.” Human Rights Watch, Shielded from Justice, 259.

    124. See the litigation sponsored by the Fraternal Order of Police, reported in Philadelphia, Police Advisory Commission, Annual Report (Philadelphia: Police Advisory Commission, 1997), 2–3. Available at http://www.phila.gov/pac.

    125. The first serious discussion of this issue was Walter Gellhorn, When Citizens Complain (New York: Columbia University Press, 1966), 191. See also Walker, Police Accountability: The Role of Citizen Oversight, 121–37.

    126. Walker, Police Accountability: The Role of Citizen Oversight, 137–8.

    127. National Academy of Sciences, Fairness and Effectiveness in Policing: The Evidence (Washington, DC: National Academy Press, 2004).

    128. A recent and notable exception to this rule is Robin Sheppard Engel, How Police Supervisory Styles Influence Patrol Officer Behavior (Washington, DC: Department of Justice, 2003). Available at http://www.ncjrs.org, NCJ 194078. The scant body of literature she is able to cite is eloquent testimony to the neglect of this critical subject.

    129. Walker, “Setting the Standards: The Efforts and Impact of Blue-Ribbon Commissions on the Police,” 354.

    130. Department of Justice, Principles for Promoting Police Integrity (Washington, DC: U.S. Department of Justice, 2001), 4. Available at http://www.ncjrs.org, NCJ 186189.

    131. James J. Fyfe, “Police Use of Deadly Force: Research and Reform,” Justice Quarterly 5 (June 1988): 168–9.

    132. O. W. Wilson, Police Administration, 2nd ed. (New York: McGraw-Hill, 1963).

    133. Philadelphia Police Department, Integrity and Accountability Office, Use of Force (Philadelphia: Philadelphia Police Department, July 1999), 10. On the role of the Integrity and Accountability Office as a form of external citizen oversight, see Chap. 6.

    134. Fyfe, “Police Use of Deadly Force.” The University of Wisconsin Law School Library has a valuable collection of old police department manuals.

    135. Los Angeles Police Department, Report of the Independent Monitor for the Los Angeles Police Department, Report for the Quarter Ending December 31, 2003 (Los Angeles, 2004), 4. All the monitor's reports are available at http://www.lapdonline.com.

    136. National Advisory Commission on Civil Disorders, Report (New York: Bantam Books, 1968).

    137. Bureau of Justice Statistics, Policing and Homicide, 1976–98: Justifiable Homicide by Police, Police Officers Murdered by Felons (Washington, DC: Department of Justice, 2001). http://www.ncjrs.org, NCJ 180987.

    138. Jerry R. Sparger and David J. Giacopassi, “Memphis Revisited: A Reexamination of Police Shootings After the Garner Decision,” Justice Quarterly 9 (June 1992): 211–25.

    139. Astonishingly, Murphy does not mention this historic achievement in his memoirs: Patrick V. Murphy and Thomas Plate, Commissioner (New York: Simon & Schuster, 1977).

    140. James J. Fyfe, “Administrative Intervention on Police Shooting Discretion: An Empirical Examination,” Journal of Criminal Justice 9 (Winter 1979): 309–23.

    141. Fyfe, “Administrative Interventions.” The most comprehensive review of the deadly force policy is William A. Geller and Michael S. Scott, Deadly Force: What We Know (Washington, DC: Police Executive Research Forum, 1992).

    142. Catherine H. Milton and others, Police Use of Deadly Force (Washington, DC: The Police Foundation, 1977), 138.

    143. U.S. Commission on Civil Rights, Who is Guarding the Guardians? A Report on Police Practices (Washington, DC: Government Printing Office, 1981), Finding 3.1, 156.

    144. A 2001 report on use of force by the Seattle Police Department reported that “The national standard among police agencies is not to fire warning shots.” The report also noted that the prohibition on shots to wound was now a national standard and commented that “Movies and television programs make it seem that shooting at a person's arm or leg is easily done. In real life, such a shot is both improbable and risky.” Seattle Police Department, Use of Force by Seattle Police Department Officers (November 2001), 12. Available at http://www.cityofseattle.org/police.

    145. Bureau of Justice Statistics, Policing and Homicide, 1976–98.

    146. Sparger and Giacopassi, “Memphis Revisited: A Reexamination of Police Shootings after the Garner Decision.”

    147. Compare, for example, the 1997 consent decree with the Pittsburgh Police Department with the far longer and more elaborate 2001 consent decree covering the Los Angeles Police Department. Available at http://www.usdoj.gov/crt/split.

    148. Police Assessment Resource Center, Portland Police Bureau, Officer-Involved Shootings and In-Custody Deaths (Los Angeles: PARC, 2003). Available at http://www.parc.info.

    149. U.S. Department of Justice, Investigation of the Schenectady Police Department, Letter to Michael T. Brockbanck, Schenectady Corporation Counsel, March 19, 2003, http://www.usdoj.gov/crt/split.

    150. Kenneth C. Davis, Police Discretion (St. Paul, MN: West, 1975). Kenneth C. Davis, Discretionary Justice: A Preliminary Inquiry (Urbana: University of Illinois Press, 1971).

    151. Samuel Walker, Taming the System: The Control of Discretion in Criminal Justice, 1950–1990 (New York: Oxford University Press, 1993).

    152. Walker, Taming the System.

    153. Davis, Police Discretion, 140.

    154. The history of police deadly force policies is in Geller and Scott, Deadly Force: What We Know.

    155. Davis, Police Discretion, 145.

    156. Geoffrey P. Alpert and Roger G. Dunham, Police Pursuit Driving: Controlling Responses to Emergency Situations (New York: Greenwood Press, 1990).

    157. Substantial research has found that officers made arrest decisions on the basis of nonlegal factors such as the preference of the victim or the nature of the relationship between the victim and the offender. Donald Black, The Manners and Customs of the Police (New York: Academic Press, 1980), 85.

    158. Department of Justice, Principles for Promoting Police Integrity, 3: “Law enforcement agencies must recognize and respect the value and dignity of every person. In vesting law enforcement officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required.”

    159. Kansas City Police Department, Procedural Instruction 01–3, “Use of Force” (3/14/01). Available at http://www.kcpd.org.

    160. California Peace Officers Association, Sample Policy, “Use of Force.” http://www.cpoa.org.

    161. Philadelphia, Integrity and Accountability Office, Use of Force, 23.

    162. Robert Stewart, Consultant, Report on the Louisville Police Department (Louisville, KY: Louisville Police Department, 2002). Copy in author's files.

    163. Bureau of Justice Statistics, Use of Force by Police: Overview of National and Local Data (Washington, DC: U.S. Department of Justice, 1999). Available at http://www.ncjrs.org, NCJ 176330.

    164. Department of Justice, Principles for Promoting Police Integrity, 5–6.

    165. Ibid., 5–6.

    166. The Kansas City department policy states that: “Officers are not [emphasis in original] to strike anyone in the head with a weapon (e.g., baton, shotgun, handgun, etc.) in order to gain or maintain control or compliance.” Kansas City Police Department, Procedural Instruction C 01–3, “Use of Force.” Available at http://www.kcpd.org.

    167. Omaha Police Department, Standard Operating Procedure Manual, “Use of Deadly Force and Non-Deadly Force” (December 1992).

    168. San Diego Police Department, Use of Force Task Force Final Report (August 2001), Attachment to report. Available at http://www.sandiego.gov/police.

    169. Samuel Walker, Early Intervention Systems for Law Enforcement Agencies: A Management and Planning Guide (Washington, DC: Department of Justice, 2003). Available at http://www.ncjrs.org, NCJ 201245.

    170. “We recommend that the SPD adopt a policy that requires reporting for all uses of physical or instrumental force beyond unresisted handcuffing on a form dedicated solely to recording use of force information.” U.S. Department of Justice Investigation of the Schenectady Police Department, Letter to Michael T. Brockbanck, Schenectady Corporation Counsel (March 19, 2003), 11. Available at http://www.usdoj.gov/crt/split.

    171. United States v. City of Detroit, Consent Judgment (June 12, 2003). Available at http://www.usdoj.gov/crt/split.

    172. U.S. Department of Justice, Investigation of the Schenectady Police Department, Letter to Michael T. Brockbanck, Schenectady Corporation Counsel.

    173. U. S. Department of Justice, Investigation of the Miami Police Department, Letter to Alejandro Vilarello, City Attorney, March 13, 2003. Available at http://www.usdoj.gov/crt/split.

    174. The accreditation process requires a comprehensive review of a department's policies and procedures, but accreditation is a voluntary process, and by 2004, only about 500 law enforcement agencies in the U.S. were accredited. On the accreditation process, see http://www.calea.org.

    175. California Penal Code Section 835a provides that: “Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.”

    176. Jerome H. Skolnick and James J. Fyfe, Above the Law: Police Abuse and the Excessive Use of Force (New York: Free Press, 1993).

    177. Department of Justice, United States v. City of Detroit, Consent Judgment (June 12, 2003). Available at http://www.usdoj.gov/crt/split.

    178. United States v. City of Buffalo, Memorandum of Agreement (September 19, 2002). Available at http://www.usdoj.gov/crt/split.

    179. Kenneth Adams, “What We Know About Police Use of Force,” in Bureau of Justice Statistics, Police Use of Force (Washington, DC: U.S. Department of Justice, 1999) 11.

    180. National Academy of Science, Fairness and Effectiveness in Policing: The Evidence (Washington, DC: National Academy Press, 2004), 284–85.

    181. Department of Justice, United States v. City of Detroit, Consent Judgment (June 12, 2003).

    182. Las Vegas Metropolitan Police Department, Procedural Order PO-03–04, “Use of Force.” (Las Vegas: Las Vegas Metropolitan Police Department, 2004). Copy in possession of author.

    183. U.S. Department of Justice, Investigation of the Schenectady Police Department, 9.

    184. Joel H. Garner and Christopher D. Maxwell, “Measuring the Amount of Force Used by and Against the Police in Six Jurisdictions,” Bureau of Justice Statistics, Use of Force by Police: Overview of National and Local Data, 37–39, http://www.ncjrs.org, NCJ 176330. The use of force continuum is recommended by the Department of Justice, Principles for Promoting Police Integrity, 4.

    185. California Peace Officers' Association, Sample Policy, Use of Force. Available at: http://www.cpoa.org.

    186. Justice Department, Principles for Promoting Police Integrity, 4.

    187. Geoffrey P. Alpert, “The Force Factor: Measuring and Assessing Police Use of Force and Suspect Resistance,” in Bureau of Justice Statistics, Use of Force by Police, 45–60.

    188. Kansas City Police Department, Procedural Instruction C 01–3, “Use of Force.” Available at http://www.kcpd.org.

    189. United States Department of Justice and the Metropolitan Police Department of the District of Columbia, Memorandum of Agreement (June 13, 2001), Para 37. Available at http://www.usdoj.gov/crt/split.

    190. Skolnick and Fyfe, Above the Law.

    191. See, for example, the Web site of the Verbal Judo Institute: http://www.verbal-judo.org.

    192. Peter Scharf and Arnold Binder, The Badge and the Bullet: Police Use of Deadly Force (New York: Praeger, 1983), Ch. 5, but especially p. 117.

    193. Bureau of Justice Assistance, Practitioners Perspectives, The Memphis, Tennessee, Police Department's Crisis Intervention Team (2000). Available at http://www.ncjrs.org, NCJ 182501.

    194. Police Assessment Resource Center, Portland Police Bureau, Officer-Involved Shootings and In-Custody Deaths (Los Angeles: PARC, 2003), 204. Available at http://www.parc.info.

    195. Richard Jerome, Police Oversight Project, City of Albuquerque (Los Angeles: PARC, 2002). Seattle Police Department, Less Lethal Options Program—Year 1 (May 2002), 16. Available at http://www.cityofseattle.gov/police.

    196. Alpert and Dunham, Police Pursuit Driving: Controlling Responses to Emergency Situations.

    197. Ibid.

    198. Geoffrey P. Alpert, Police Pursuit: Policies and Training (Washington, DC: U.S. Department of Justice, 1997).

    199. Merrick Bobb, Special Counsel, 16th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2003), 11. Available at http://www.parc.info.

    200. Ibid., 5.

    201. Ibid., 7.

    202. Police Assessment Resource Center (PARC), Portland Police Bureau, Officer-Involved Shootings and In-Custody Deaths (Los Angeles: Police Assessment Resource Center, 2003), 185. http://www.parc.info.

    203. Ibid., 27.

    204. Cincinnati Police Department, Status Report of the Independent Monitor, 7. “The Planning Section reviewed the Collingswood policy and used it as the basis for the new CPD foot pursuit policy.” Available at http://www.cincinnati-oh.gov/police/pages/-3039-/.

    205. International Association of Chiefs of Police, Foot Pursuits, Concepts and Issues Paper, February 2003. Available from the IACP, http://www.theiacp.org.

    206. Department of Justice, Principles for Promoting Police Integrity, 4.

    207. United States v. City of Cincinnati, Memorandum of Agreement, (April 12, 2002), Sec. IV. C. Available at http://www.usdoj.gov/crt/split.

    208. United States Justice Department and the Metropolitan Police Department of the District of Columbia, Memorandum of Agreement (June 13, 2001), Par. 45–46.

    209. United States v. City of Los Angeles (June 15, 2001), Consent Decree, Par. 41(b).

    210. Philadelphia, Integrity and Accountability Office, Use of Force (Philadelphia: Integrity and Accountability Office, July 1999), 10.

    211. Department of Justice, Letter to Alejandro Vilarello, City Attorney, City of Miami, March 13, 2003. Available at http://www.usdoj.gov/crt/split.

    212. United States v. Cincinnati, Memorandum of Agreement, (April 12, 2002) http://www.usdoj.gov/crt/split.

    213. Merrick Bobb, Special Counsel, 15th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2002), 99.

    214. Cincinnati Enquirer, “2003: The Year in Review,” December 31, 2003.

    215. Milton and others, Police Use of Deadly Force, 134.

    216. United States Department of Justice and the Metropolitan Police Department of the District of Columbia, Memorandum of Agreement (June 13, 2001), Par. 37, 53. Available at http://www.usdoj.gov/crt/split.

    217. United States v. City of Los Angeles, Consent Decree, (June 15, 2001), Sec. III(A). “The OHB Unit shall have the capability to ‘roll out’ to all Categorical Use of Force incidents 24 hours a day. The Department shall require immediate notification to the Chief of Police, the OHB Unit, the Commission and the Inspector General by the LAPD whenever there is a Categorical Use of Force. Upon receiving each such notification, an OHB Unit investigator shall promptly respond to the scene of each Categorical Use of Force and commence his or her investigation. The senior OHB Unit manager present shall have overall command of the crime scene and investigation at the scene where multiple units are present to investigate a Categorical Use of Force incident; provided, however, that this shall not prevent the Chief of Police, the Chief of Staff, the Department Commander or the Chief's Duty Officer from assuming command from a junior OHB supervisor or manager when there is a specific need to do so.”

    218. United States v. City of Cincinnati, Memorandum of Agreement, Par. 56.

    219. The operations of this program are described in Los Angeles Sheriff's Department, Office of Independent Review, Second Annual Report 2003 (Los Angeles: Los Angeles Sheriff's Department, 2003), 1–3. Available at http://www.laoir.org.

    220. State Attorney's Office [Miami-Dade County, Florida], The Rap Sheet (November 2001). Available at http://www.state.fl.us.

    221. United States v. City of Los Angeles, Consent Decree, Par. 61.

    222. Ibid., Par. 60.

    223. People of California v. City of Riverside, Stipulated Judgment (March 2001), Par. 58. Available at http://www.ci.riverside.ca.us/rpd.

    224. Ibid., Par. 62.

    225. James G. Kolts, The Los Angeles Sheriff's Department (Los Angeles: Los Angeles Sheriff's Department, 1992), 100. Available at http://www.parc.info.

    226. NAACP v. City of Philadelphia, Plaintiffs' First Monitoring Report: Complaints Against Police (1997), 15.

    227. United States v. City of Cincinnati, Memorandum of Agreement, Sec. IV(B) Par. 26–29.

    228. The first study to identify the code of silence was William A. Westley, Violence and the Police (Cambridge: MIT Press, 1970).

    229. United States v. City of Los Angeles, Consent Decree.

    230. Police Whistleblowers Conference, Rutgers Camden Law School, April 2, 2004.

    231. Kevin Keenan and Samuel Walker, The Law Enforcement Officer's Bill of Rights: An Impediment to Accountability? (Unpublished manuscript, 2004).

    232. Coleen Kadleck and Samuel Walker, An Analysis of the Accountability Related Provisions of Police Collective Bargaining Agreements (Unpublished manuscript, 2004).

    233. Police Assessment Resource Center, Portland Police Bureau: Officer-Involved Shootings and In-Custody Deaths, 50.

    234. Ibid., 45.

    235. Ibid., 134, 137–8. The Department of Justice endorses this idea: U.S. Department of Justice, Principles for Promoting Police Integrity, 5.

    236. Ibid.

    237. Department of Justice, Principles for Promoting Police Integrity, 6.

    238. United States v. City of Los Angeles, Consent Decree.

    239. Samuel Walker, The Discipline Matrix: An Effective Police Accountability Tool? (Omaha: University of Nebraska at Omaha, 2004). Available at http://www.policeaccountability.org.

    240. NAACP v. Philadelphia, Stipulated Agreement (1996).

    241. Philadelphia, Integrity and Accountability Office, Use of Force, 10–11.

    242. Ibid., 12.

    243. Ibid., 47.

    244. Ibid., 28.

    245. Ibid., 33, 36.

    246. Ibid., 57, 61.

    247. Philadelphia, Integrity and Accountability Office, Discipline System, 6.

    248. Ibid., 52.

    249. Oakland Police Department, Negotiated Settlement Agreement, Second Semiannual Report (February 18, 2004), 7–8. Available at http://www.oaklandpolice.com.

    250. United States Justice Department, Principles for Promoting Police Integrity, 7. http://www.ncjrs.org, NCJ 186189.

    251. President's Commission on Law Enforcement and Administration of Justice, The Challenge of Crime in a Free Society (New York: Avon Books, 1967). National Advisory Commission on Civil Disorders, Report (New York: Bantam Books, 1968).

    252. See, for example, ACLU of Northern California, Failing the Test: Oakland's Police Complaint Process in Crisis (San Francisco: ACLU of Northern California, 1996) and U.S. Commission on Civil Rights, Wisconsin Advisory Committee, Police Protection of the African American Community in Milwaukee (Washington: Government Printing Office, 1994), 43–46. For a comprehensive account, see Samuel Walker, Police Accountability: The Role of Citizen Oversight (Belmont: Wadsworth, 2001).

    253. James G. Kolts, The Los Angeles Sheriff's Department (Los Angeles: Sheriff's Department, 1992), 100. Available at http://www.parc.info.

    254. LAPD, Report of the Independent Monitor, Report for the Quarter Ending June 30, 2003 (2003), 3. Available at http://www.lapdonline.org.

    255. This issue is discussed in detail in Walker, Police Accountability: The Role of Citizen Oversight.

    256. The Web site of the Boise Ombudsman is http://www.boiseombudsman.org. This author published a Model Citizen Complaint Procedure in Walker, Police Accountability: The Role of Citizen Oversight, 188–97.

    257. International Association of Chiefs of Police, Investigation of Employee Misconduct. Concepts and Issues Paper, rev. ed. (Gaithersburg, MD: IACP, July 2001).

    258. Walker, Police Accountability: The Role of Citizen Oversight, Appendix, 188–97.

    259. The best policies and procedures, cited throughout this chapter, have been developed by the San Jose Independent Police Auditor (http://www.ci.san-jose.ca.us/ipa), the Washington, DC Office of Citizen Complaint Review (http://www.occr.dc.gov), and the Boise Community Ombudsman (http://www.boiseombudsman.org).

    260. Debra Livingston, “Police Reform and the Department of Justice: An Essay on Accountability,” Buffalo Criminal Law Review 2 (1999): 843.

    261. Web sites: Portland: http://www.portlandonline.com/police, Washington, DC: http://mpdc.dc.gov, Springfield, MO: http://www.ci.springfield.mo.us/police.

    262. Samuel Walker and Eileen Luna, An Evaluation of the Oversight Mechanisms of the Albuquerque Police Department (Albuquerque: City Council, 1997).

    263. United States v. New Jersey, Consent Decree (December 30, 1999), Par. 59. Available at http://www.usdoj.gov/crt/split.

    264. New Jersey, Monitors' Seventh Report (January 17, 2003), 75. Available at http://www.state.nj.us/lps/.

    265. United States v. Cincinnati, Memorandum of Agreement (April 12, 2002). Available at http://www.usdoj.gov.crt/split.

    266. Washington, DC, Office of Civilian Complaint Review. Available at http://www.occr.dc.gov.

    267. Hervey Juris and Peter Feuille, Police Unionism (Lexington, MA: Lexington Books, 1977).

    268. United States v. Cincinnati, Memorandum of Agreement (April 12, 2002), Par. 36. Available at http://www.usdoj.gov/crt/split.

    269. United States v. New Jersey, Consent Decree (1999), Par. 59. Available at http://www.usdoj.gov/crt/split.

    270. United States v. the City of Los Angeles, Consent Decree (June 15, 2001), Par. 74. Available at http://www.usdoj.gov/crt/split.

    271. Ibid., Par. 74(a).

    272. United States v. the City of Los Angeles, Consent Decree, Par. 74(b).

    273. Minneapolis, Civilian Review Authority, Annual Report 1998 (Minneapolis: CRA, 1999), Exhibit A, 2.

    274. Washington, DC, Office of Citizen Complaint Review, Annual Report 2003 (2003), 16. Available at http://www.occr.dc.gov.

    275. Boise Community Ombudsman, Policies and Procedures (January 1, 2001), 6. Available at http://www.boiseombudsman.org.

    276. IACP, Investigation of Employee Misconduct.

    277. The Police Complaints Center that conducted the NYPD survey no longer operates its Web site. The incident is described in Walker, Police Accountability: The Role of Citizen Oversight.

    278. This observation is based on the author's conversations with staff at several oversight agencies, including the now-abolished Minneapolis Civilian Review Authority.

    279. Boise Community Ombudsman, Policies and Procedures, 4. Available at http://www.boiseombudsman.org.

    280. San Jose Independent Police Auditor, Year End Report, 1993–1994 (San Jose: IPA, 1995). San Jose Independent Police Auditor, 1995 Year End Report (San Jose: IPA, 1996). Available at http://www.ci.san-jose.ca.us/ipa.

    281. New York City Civilian Complaint Review Board, Status Report January-June 2003, (2003), Table 24 A, 57. Available at http://www.ci.nyc.ny.us/ccrb/.

    282. Ibid.

    283. San Jose, Independent Police Auditor, Policy and Procedures. Available at http://www.ci.san-jose.ca.us/ipa.

    284. The original academic study that identified the code of silence is William A. Westley, Violence and the Police (Cambridge: MIT Press, 1970), based on a 1950 study of the Gary, Indiana, Police Department. A recent and more thorough report is David Weisburd and others, The Abuse of Authority: A National Study of Police Officers' Attitudes (Washington, DC: The Police Foundation, 2001). An executive summary is available at http://www.ncjrs.org, NCJ 181312.

    285. Boise Community Ombudsman, Policies and Procedures, 9, 2.08. “Truthfulness and Cooperation.” Available at http://www.boiseombudsman.org

    286. United States v. the City of Los Angeles, Consent Decree, Par. 61.

    287. San Francisco Office of Citizen Complaints, Response to the Board of Supervisors Regarding SFPD's Patterns of Withholding Information Requested for OCC Investigations (April 23, 2003). Available at http://www.ci.sf.ca.us/occ/. The San Francisco City Charter mandates that the Police Department provide the OCC full and prompt cooperation. Sec. 4.127 states, “In carrying out its objectives, the Office of Citizen Complaints shall receive prompt and full cooperation and assistance from all departments, officers and employees of the City and County. The director may also request and the Chief of Police shall require the testimony or attendance of any member of the Police Department.”

    288. San Francisco Office of Citizen Complaints, Response to the Board of Supervisors Regarding SFPD's Patterns of Withholding Information Requested for OCC Investigations.

    289. United States v. New Jersey, Consent Decree, Par. 77.

    290. San Jose, Independent Police Auditor, Mid-Year Report, June 1995 (1995), 19–20. Available at http://www.ci.san-jose.ca.us/ipa.

    291. Omaha Public Safety Auditor, Public Safety Auditor's Report for the Quarter Ending June 30th 2003 (2003), 14. Available at http://www.ci.omaha.ne.us.

    292. Pittsburgh Police Bureau, Auditor's Eighteenth Quarterly Report. Quarter Ending February 16, 2002 (2002), p. 53.

    293. Richard Jerome, Police Oversight Project—City of Albuquerque (Los Angeles: Police Assessment Resource Center, 2002), 34–35. Available at http://www.parc.info.

    294. Author's interviews with Citizens Police Review Board staff, 2001.

    295. San Jose, Independent Police Auditor, Policy and Procedures. Available at http://www.ci.san-jose.ca.us/ipa.

    296. United States v. New Jersey, Consent Decree, Par. 75.

    297. San Jose, Independent Police Auditor, Policy and Procedures.

    298. Los Angeles Sheriff's Department, Office of Independent Review, Second Annual Report 2003 (Los Angeles: Sheriff's Department, 2003), 77–78. Available at http://www.laoir.com.

    299. Amy Oppenheimer and Craig Pratt, Investigating Workplace Harassment: How to be Fair, Thorough, and Legal (Alexandria, VA: Society for Human Resource Management, 2003), 110–11.

    300. United States v. Cincinnati, Memorandum of Agreement, Par. 41.

    301. United States v. the City of Los Angeles, Consent Decree, Par. 84. Available at http://www.lapdonline.org.

    302. People of California v. City of Riverside, Stipulated Judgment (March 5, 2001), Par. 50. Available at http://www.ci.riverside.ca.us/rpd.

    303. San Francisco Office of Citizen Complaints, Year 2001 Annual Report, 6, available online at http://www.ci.sf.ca.us/occ/. “During 2001, OCC identified an average of 4.67 allegations per civilian complaint (4250 allegations in 911 complaints filed, excluding merged, voided and no finding cases). In 2001, as in the four previous years, by the measure of average number of allegations identified, OCC maintained the previously documented level of improvement in completeness of its analysis of complaints.”

    304. New York City Civilian Complaint Review Board, Status Report, January-June 2003, 9.

    305. United States v. the City of Los Angeles, Consent Decree, Par. 82.

    306. San Jose, Independent Police Auditor, Policy and Procedure. Available at http://www.ci.san-jose.ca.us/ipa.

    307. Boise Community Ombudsman, Policies and Procedures, 9. “2.09 Tape Recordings. a. The complete interview of an officer/employee accused of a Class I violation shall be recorded and a copy may be obtained by the officer/employee under investigation upon request. The officer/employee may also bring his/her own recording device, if he/she wishes. The cost of taping and any mechanical devices used by the officer/ employee shall be borne by the officer/employee.” http://www.boiseombudsman.org.

    308. United States v. the City of Los Angeles, Consent Decree, Par. 80.

    309. The former Police Internal Investigations Advisory Committee (PIIAC) has since been replaced by the Independent Police Review Division, housed in the Office of the City Auditor. Available at http://www.ci.portland.or.us/auditor.

    310. San Jose Independent Police Auditor, Mid-Year 2003 Report, 8.

    311. “A Model Citizen Complaint Procedure,” in Walker, Police Accountability: The Role of Citizen Oversight, Appendix, 188–97.

    312. San Jose Independent Police Auditor, Year-End Report 1994, 16.

    313. Amy Oppenheimer and Craig Pratt, Investigating Workplace Harassment: How to be Fair, Thorough, and Legal (Alexandria, VA: Society for Human Resource Management, 2003), 108.

    314. United States v. New Jersey, Consent Decree, Par. 81. “The State shall make findings based on a “preponderance of the evidence” standard.”

    315. Pittsburgh, Auditor's Eighteenth Quarterly Report. Quarter Ending February 16, 2002, 26.

    316. Philadelphia, Integrity and Accountability Office, Disciplinary System (Philadelphia: Philadelphia Police Department, 2001), 53.

    317. Washington, DC, Office of Citizen Complaint Review, Press Release, August 5, 2003. Available at http://www.occr.dc.org.

    318. New York Civil Liberties Union, Five Years of Civilian Review: A Mandate Unfulfilled (New York: NYCLU, 1998).

    319. Portland, Police Internal Investigations Auditing Committee, Fourth Quarter Monitoring Report 1997 (Portland, PIIAC, 1998), 11.

    320. Commission on Accreditation for Law Enforcement Agencies, Standards for Law Enforcement Agencies, 4th ed. (Fairfax, VA: CALEA, 1998).

    321. San Francisco, Office of Citizen Complaints, 2001 Annual Report.

    322. Ibid.

    323. Oakland Police Department, Negotiated Settlement Agreement Second Semiannual Report (February 2004), Task 02, Sec. III.B.2, p. 22. Available at http://www.oaklandpolice.com.

    324. San Jose Independent Police Auditor, 1995 Year End Report, 21–22.

    325. These documents are readily accessible on the Web: http://www.ci.san-jose.ca.us/ipa/home.html. http://www.boiseombudsman.org. http://www.occr.dc.gov.

    326. U.S. Department of Justice, Investigation of the Portland, Maine, Police Department. Letter to Mr. Gary Wood, Corporation Counsel, March 21, 2003.

    327. Jayson Wechter, Investigating Police Misconduct is Different (2004). Available at http://www.policeaccountability.org.

    328. Samuel Walker, Carol Archbold, and Leigh Herbst, Mediating Citizen Complaints Against Police Officers: A Guide for Police and Community Leaders (Washington, DC; Department of Justice, 2002). Available at http://www.cops.usdoj.gov.

    329. Oakland Police Department, Negotiated Settlement Agreement Second Semi-annual Report, vii.

    330. ACLU—National Capital Area, Analysis of the District of Columbia's Civilian Complaint Review Board and Recommendations for its Replacement (Washington: ACLU-National Capital Area, 1995).

    331. San Jose, Independent Police Auditor, Policy and Procedures. Available at http://www.san-jose.ca.us/ipa.

    332. New Jersey, Monitors' Seventh Report (January 17, 2003), 75. Available at http://www.state.nj.us/lps/

    333. Minneapolis Civilian Review Authority, 1999 Annual Report (Minneapolis: CRA, 1999), Exhibit C.

    334. Michele Sviridoff and Jerome E. McElroy, Processing Complaints Against Police in New York City: The Complainant's Perspective (New York: Vera Institute of Justice, January 1989). The Processing of Complaints Against Police in New York City: The Perceptions and Attitudes of Line Officers (New York: Vera Institute of Justice, September 1989).

    335. Pittsburgh, Auditor's Eighteenth Quarterly Report. Quarter Ending February 16, 2002, 53.

    336. Los Angeles Police Department, Report of the Independent Monitor for the Los Angeles Police Department, Report for the Quarter Ending June 30, 2003 (Los Angeles: Los Angeles Police Department, 2003), 3–4.

    337. People v. City of Riverside, Stipulated Judgment, Par. 51. Available at http://www.ci.riverside.ca.us.

    338. ACLU of Northern California, Failing the Test: Oakland's Police Complaint Process in Crisis (San Francisco: ACLU of Northern California, 1996).

    339. The issues surrounding the sustain rate are discussed at length in Walker, Police Accountability: The Role of Citizen Oversight, 120–22, 134–35.

    340. U.S. Commission on Civil Rights, Who is Guarding the Guardians? A Report on Police Practices (Washington, DC: Commission on Civil Rights, 1981), 166.

    341. Christopher Commission, Report of the Independent Commission on the Los Angeles Police Department (Los Angeles: Christopher Commission, 1991). Available at http://www.parc.info.

    342. James G. Kolts, The Los Angeles Sheriff's Department (Los Angeles: Los Angeles Sheriff's Department, 1992). Available at http://www.parc.info.

    343. U.S. Commission on Civil Rights, Who is Guarding the Guardians? A Report on Police Practices, 159, 166.

    344. Samuel Walker, Early Intervention Systems for Law Enforcement Agencies: A Planning and Management Guide (Washington, DC: Department of Justice, 2003). Available at http://www.ncjrs.org, NCJ 201245.

    345. Robert C. Davis, Christopher Ortiz, Nicole J. Henderson, Joel Miller, and Michelle K. Massie, Turning Necessity into Virtue: Pittsburgh's Experience with a Federal Consent Decree (New York: Vera Institute of Justice, 2002), 37. Available at http://www.vera.org, or http://www.ncjrs.org, NCJ 200251.

    346. Samuel Walker, Geoffrey P. Alpert, and Dennis Kenney. Early Warning Systems: Responding to the Problem Police Officer, Research in Brief (Washington, DC: National Institute of Justice, 2001). Available at http://www.ncjrs.org, NCJ 188565.

    347. International Association of Chiefs of Police, Building Integrity and Reducing Drug Corruption in Police Departments (Washington, DC: Government Printing Office, 1989), 80.

    348. Comments, Commander responsible for EI system in an unidentified police department. Early Intervention Systems, State of the Art Conference, Phoenix, AZ, January 2003.

    349. The issue of terminology is discussed in Walker, Early Intervention Systems for Law Enforcement Agencies, 8–9.

    350. Herman Goldstein, Police Corruption (Washington: The Police Foundation, 1975).

    351. It is significant, for example, that a recent National Institute of Justice (NIJ) publication on developing programs to deal with law enforcement officer stress includes a section on “Selecting Target Groups” but contains no reference to specific performance indicators such as are commonly used in EI systems. Peter Finn and Julie Esselman Tomz, Developing a Law Enforcement Stress Program for Officers and Their Families (Washington: Government Printing Office, 1997), 23–26. Available at http://www.ncjrs.org, NCJ163175.

    352. Frank Landy, Performance Appraisal in Police Departments (Washington, DC: The Police Foundation, 1977).

    353. Gary Stix, “Bad Apple Picker: Can a Neural Network Help Find Problem Cops?” Scientific American (December 1994): 44–45. Bernard Cohen and Jan M. Chaiken, Police Background Characteristics and Performance (Lexington, MA: Lexington Books, 1973).

    354. A good description of these two systems is available in Special Counsel Merrick J. Bobb, 16th Semiannual Report (Los Angeles: Special Counsel, 2003), 68–72. Available at http://www.parc.info.

    355. Comments, unidentified police chiefs, Justice Department Conference, Strengthening Police Community Relationships, June 9–10, 1999.

    356. Herman Goldstein, Policing a Free Society (Cambridge, MA: Ballinger, 1977), 171. He cited an experimental (but short-lived) program by Hans Toch in the 1970s in which peer officers counseled Oakland, California, police officers with records of use of force incidents.

    357. Catherine H. Milton, Jeanne Wahl Halleck, James Lardner, and Gary L. Abrecht, Police Use of Deadly Force (Washington, DC: The Police Foundation, 1977).

    358. U.S. Commission on Civil Rights, Who is Guarding the Guardians? 81–86.

    359. New York City, Commission to Investigate Allegations of Police Corruption and the Anti-Corruption Procedures of the Police Department, [Mollen Commission], Commission Report (New York, 1994). Available at http://www.parc.info.

    360. Allen v. City of Oakland (2003). The consent decree is available at http://www.oaklandpolice.com.

    361. Bruce Porter, The Miami Riot of 1980 (Lexington, MA: Lexington Books, 1984). U.S. Commission on Civil Rights, Confronting Racial Isolation in Miami (Washington, DC: Government Printing Office, 1982).

    362. Christopher Commission, Report of the Independent Commission on the Los Angeles Police Department (Los Angeles: The Christopher Commission, 1991). Available at http://www.parc.info.

    363. Ibid., 40–48.

    364. Kolts, The Los Angeles County Sheriff's Department. Available at http://www.parc.info.

    365. U.S. Department of Justice, Principles for Promoting Police Integrity (Washington, DC: U.S. Department of Justice, 2001). Available at http://www.ncjrs.org, NCJ 186189.

    366. The various consent decrees and memoranda of understanding, along with other related documents, are available at http://www.usdoj.gov/crt/split.

    367. Commission on Accreditation for Law Enforcement Agencies, Standards for Law Enforcement Agencies, 4th ed., Standard 35.1.15, “Personnel Early Warning System” (2001).

    368. Samuel Walker, Geoffrey P. Alpert, and Dennis J. Kenney, Early Warning Systems: Responding to the Problem Police Officer (Washington, DC: Government Printing Office, 2001), described a three-component approach. The four-component approach used here reflects the subsequent research. Available at http://www.ncjrs.org, NCJ 188565.

    369. Walker, Alpert, and Kenney, Early Warning Systems: Responding to the Problem Police Officer.

    370. Samuel Walker, Police Accountability: The Role of Citizen Oversight (Belmont: Wadsworth, 2001), 121–35.

    371. Allen v. City of Oakland (2003). The consent decree is available at http://www.oaklandpolice.com.

    372. Paul Chevigny, “Force, Arrest, and Cover Charges,” in Police Power: Police Abuses in New York City (New York: Vintage Books, 1969), 136–46.

    373. Bobb, 16th Semiannual Report.

    374. Walker, Alpert, and Kenney, Early Warning Systems: Responding to the Problem Police Officer.

    375. Special Counsel Merrick J. Bobb, 15th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2002), 39, 42. Available at http://www.parc.info.

    376. This approach is described in Special Counsel Merrick Bobb, 16th Semiannual Report, (Los Angeles: Los Angeles Sheriff's Department, 2003), 74–75. Available at http://www.parc.info.

    377. Davis, Ortiz, Henderson, Miller, and Massie, Turning Necessity into Virtue: Pittsburgh's Experience with a Federal Consent Decree, 45–47. Available at http://www.ncjrs.org, NCJ 200251. (see n. 345)

    378. United States v. Cincinnati, Memorandum of Agreement, Sec. IA (A), http://www.usdoj.gov/crt/split.

    379. Lorie Fridell, By the Numbers: Analyzing Race Data (Washington, DC: Police Executive Research Forum, 2004).

    380. United States v. Pittsburgh, Consent Decree, Paragraph 20-b, http://www.usdoj.gov/crt/split.

    381. Pittsburgh Police Bureau, Auditor's Eighteenth Quarterly Report, Quarter Ending February 16, 2002, 18.

    382. Omaha Police Union, “Bad Boy/Girl Class Notes Shared,” The Shield (April 1992). A commander with the Kansas City Police Department told the author about a counterproductive experience in that department. Interview, March 2004.

    383. Miami-Dade Police Department, Employee Identification System. Excerpts in Walker, Early Identification Systems for Law Enforcement Agencies, Appendix C.

    384. This topic was the subject of a working conference cosponsored by the Austin, TX, Police Department and this author, March 3, 2004.

    385. Discussion, Early Intervention System State of the Art Conference, Phoenix, AZ, February,2003.

    386. Walker, Alpert, and Kenney, Early Warning Systems: Responding to the Problem Police Officer.

    387. Davis and others, Turning Necessity into Virtue.

    388. Walker, Alpert, and Kenney, Early Warning Systems: Responding to the Problem Police Officer.

    389. Pittsburgh Police Bureau, Monitor's Eighteenth Quarterly Report, Quarter Ending February 16, 2002, 16.

    390. Pittsburgh Police Bureau, Monitor's Eighteenth Quarterly Report, Quarter Ending February 16, 2002, 21.

    391. These quotes and a full discussion of the survey are from Walker, Early Intervention Systems for Law Enforcement Agencies, chap. 4.

    392. Los Angeles Police Department, 10th Quarterly Report of the Independent Monitor, 10. Par. 51c. Available at http://www.lapdonline.org.

    393. Davis and others, Turning Necessity into Virtue.

    394. United States v. City of Los Angeles, Consent Decree (2000), Sec. II, Par. 47.

    395. Robin Sheppard Engel, How Police Supervisory Styles Influence Patrol Officer Behavior (Washington, DC: U.S. Department of Justice, 2003). Available at http://www.ncjrs.org, NCJ 194078.

    396. Early Intervention System State of the Art Conference, Report (Omaha, 2003). The essence of the report is in Walker, Early Intervention Systems for Law Enforcement Agencies.

    397. San Jose, Independent Police Auditor, 2001 Year End Report, 48–49. Available at http://www.san-jose.ca.us/ipa.

    398. Herman Goldstein, “Improving Policing: A Problem-Oriented Approach,” Crime and Delinquency 25 (1979): 236–58. Michael S. Scott, Problem-Oriented Policing: Reflections on the First 20 Years (Washington, DC: U.S. Department of Justice, 2000). Available at http://www.ncjrs.org.

    399. James J. Willis, Stephen D. Mastrofski, David Weisburd, and Rosann Greenspan, Compstat and Organizational Change in the Lowell Police Department (Washington, DC: The Police Foundation, 2004).

    400. Davis and others, Turning Necessity into Virtue: Pittsburgh's Experience with a Federal Consent Decree (New York: Vera Institute of Justice, 2002), 45–47. Available at http://www.ncjrs.org, NCJ 200251.

    401. Carol Archbold, Police Accountability, Risk Management, and Legal Advising (New York: LFB Scholarly Publishing, 2004). Michel Crouhy, Dan Galai, and Robert Mark, Risk Management (New York: McGraw-Hill, 2001).

    402. Walker, Alpert, and Kenney, Early Warning Systems: Responding to the Problem Police Officer.

    403. Davis and others, Turning Necessity into Virtue.

    404. Samuel Walker, Geoffrey P. Alpert, and Dennis J. Kenney, Responding to the Problem Police Officer, Final Report to the National Institute of Justice.

    405. Special Counsel Merrick J. Bobb, 15th Semiannual Report (Los Angeles: Special Counsel, 2002), 68. Available at http://www.parc.info.

    406. Ibid., 64.

    407. The survey is reported in detail in Walker, Early Intervention Systems for Law Enforcement Agencies, chap. 4.

    408. See the discussion of this issue in the evaluation of the Pittsburgh consent decree. Davis and others, Turning Necessity into Virtue.

    409. In Seattle the union demanded that the EI system be subject to collective bargaining or meet and confer. The issue remains unresolved at the time this report was written. Nonetheless, this remains the only known case of union opposition to the creation of an EI system.

    410. The demand to make an EI system a subject for collective bargaining has occurred in Seattle, Washington. Most experts believe that an EI system is an administrative tool that is clearly a prerogative of management that should not be subject to collective bargaining.

    411. Pennsylvania State Police, Annual Report (2002), 19. Available at http://www.psp.state.pa.us.

    412. U.S. Department of Justice, Investigation of the Miami Police Department, Letter to Alejandro Vilarello, March 19, 2003, 19. Available at http://www.usdoj.gov.crt.split.

    413. Richard Jerome, Police Oversight Project. City of Albuquerque (Los Angeles: Police Assessment Resource Center, 2002), 80–81. Available at http://www.parc.info.

    414. The chronology of events is very well documented in Los Angeles Police Commission, Report of the Rampart Independent Review Panel (Los Angeles: Los Angeles Police Commission, 2000), 136–62 and Appendix B, 217–19. Available at http://www.lapdonline.org.

    415. Christopher Commission, Report of the Independent Commission on the Los Angeles Police Department (Los Angeles: City of Los Angeles, 1991). Available at http://www.parc.info.

    416. Merrick Bobb, Five Years Later: A Report to the Los Angeles Police Commission (Los Angeles: Los Angeles Police Commission, 1996). Available at http://www.parc.info.

    417. United States v. the City of Los Angeles, Consent Decree (2000). The consent decree is available at http://www.usdoj.gov/crt/split.

    418. Los Angeles Police Department, 10th Quarterly Report of the Independent Monitor, 6. Available at http://www.lapdonline.org.

    419. Special Counsel Merrick J. Bobb, 11th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 1999), 55. Available at http://www.parc.info.

    420. Bobb, 16th Semiannual Report, 44, 49.

    421. Ibid., 57–58.

    422. Ibid., 43, 58.

    423. Pittsburgh Police Bureau, Monitor's Eighteenth Quarterly Report, Quarter Ending February 16, 2002, 6.

    424. Davis and others, Turning Necessity into Virtue.

    425. Samuel Walker, Police Accountability: The Role of Citizen Oversight.

    426. The evidence on the effectiveness of citizen oversight agencies is somewhere between weak and nonexistent. For a discussion of the related issues, see Walker, Police Accountability: The Role of Citizen Oversight.

    427. Los Angeles Sheriff's Department, Office of Independent Review, First Annual Report 2002 (Los Angeles: Los Angeles Sheriff's Department, 2002), 32. Available at http://www.laoir.com.

    428. Samuel Walker, “Setting the Standards: The Efforts and Impacts of Blue-Ribbon Commissions on the Police,” in Police Leadership in America: Crisis and Opportunity, ed. William A. Geller, 354–70 (New York: Praeger, 1985).

    429. The nature of local political cultures and how they support or discourage police accountability is an extremely important subject that has not been adequately studied.

    430. On the fight over citizen oversight in San Jose, see ACLU of Northern California, A Campaign of Deception: San Jose's Case Against Civilian Review (San Francisco: ACLU of Northern California, 1992). Walker, Police Accountability: The Role of Citizen Oversight, 38–40.

    431. The ordinances establishing police auditors are generally available on their Web sites. These Web sites are conveniently available at http://www.policeaccountability.org.

    432. The enabling ordinance is available on the IPA's Web site: http://www.ci.san-jose.ca.us/ipa/home.html.

    433. Please see http://www.boiseombudsman.org and http://www.ci.omaha.ne.us.

    434. Please see http://www.parc.info and http://www.laoir.com.

    435. NAACP, ACLU, the Barrio Project v. City of Philadelphia, Settlement Agreement (1996).

    436. Seattle Citizens Review Panel, Final Report (Seattle: Office of the Mayor, 1999).

    437. San Jose Independent Police Auditor, Year End Report, 1993–1994 (San Jose: Independent Police Auditor, 1994). Available at http://www.ci.san-jose.us.ca/ipa/home.html.

    438. Philadelphia Office of Integrity and Accountability, Enforcement of Narcotics Laws (Philadelphia: Philadelphia Police Department, July 2002), 1–2.

    439. Walker, Police Accountability: The Role of Citizen Oversight, 93–104.

    440. San Jose Independent Police Auditor, Year End Report 2002, Appendix F, 83–92. Available at http://www.ci.san-jose.ca.us/ipa.

    441. Merrick Bobb, Special Counsel, 15th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2002), 14. Available at http://www.parc.info.

    442. San Jose, Independent Police Auditor, A Student's Guide to Police Practices (San Jose: Independent Police Auditor, 2002). Available at http://www.ci.san-jose.ca.us/ipa.

    443. Seattle Police Department, Office of Professional Accountability, Respect: Voices and Choices. Available at http://www.cityofseattle.net/police.

    444. Please see http://www.ci.san-jose.ca.us/ipa.

    445. Please see http://www.boiseombudsman.org.

    446. Archived at http://www.parc.info.

    447. Please see http://www.ci.nyc.ny.us/html/ccrb/home.html.

    448. Please see http://www.kcpd.org and http://www.phila.gov/pac.

    449. See, for example, Los Angeles Sheriff's Department, Office of Independent Review, Report of Oversight of Administrative Discipline Cases: October thru December 2003 (Los Angeles: LASD, 2004). Available at http://www.laoir.com.

    450. Samuel Walker, “Setting the Standards: The Efforts and Impacts of Blue-Ribbon Commissions on the Police,” in Police Leadership in America: Crisis and Opportunity, ed. W. A. Geller, 354–70 (New York: Praeger, 1985). See also the valuable collection of reports in The Politics of Riot Commissions, ed. Anthony M. Platt (New York: Collier Books, 1971).

    451. A very useful collection of excerpts from riot commission reports, together with commentary, is Platt, The Politics of Riot Commissions.

    452. The reports of monitors are generally available on the Web sites of the police departments in question.

    453. Such boards are classified as Class II forms of oversight in Walker, Police Accountability: The Role of Citizen Oversight, 62–63.

    454. These issues are discussed in greater detail in Walker, Police Accountability: The Role of Citizen Oversight.

    455. Anthony M. Pate and Lorie A. Fridell, Police Use of Force, 2 Vols. (Washington, DC: The Police Foundation, 1993).

    456. Walker, Police Accountability, chap. 5.

    457. Barbara Armacost, “Organizational Culture and Police Misconduct,” George Washington Law Review 72 (March 2004): 493.

    458. The best literature on police internal affairs units at this point is found not in the academic literature but in what can be called the professional literature, primarily the reports of the police auditors described in this chapter and in the reports of police monitors.

    459. This point is argued in Walker, Police Accountability: The Role of Citizen Oversight, with more extensive material on other citizen oversight agencies. The reports of the Special Counsel are archived at http://www.parc.info.

    460. All the reports are available at http://www.parc.info.

    461. Available at http://www.parc.info.

    462. James G. Kolts, The Los Angeles Sheriff's Department (Los Angeles: Los Angeles Sheriff's Department, 1992). Available at http://www.parc.info.

    463. Kolts, The Los Angeles Sheriff's Department, 75.

    464. Merrick Bobb, Special Counsel, 1st Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 1993), 69–75. Available at http://www.parc.info.

    465. Merrick Bobb, Special Counsel, 11th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 1999). Available at http://www.parc.info.

    466. United States v. Cincinnati, Memorandum of Agreement, 2002, Sec. IV (C). Available at http://www.usdoj.gov/crt/split.

    467. Merrick Bobb, Special Counsel, 14th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2001), 93–104. Kolts, The Los Angeles Sheriff's Department, 25–26.

    468. Merrick Bobb, Special Counsel 16th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2003), 109. Available at http://www.parc.info.

    469. Merrick Bobb, Special Counsel, 9th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 1998), 12. Available at http://www.parc.info.

    470. Bobb, 9th Semiannual Report, 8.

    471. “Moreover, the sergeant to-patrol deputy ratio at Century ranges over time from about 20–25 to 1, whereas the station management believes that an 8–1 ratio would be optimal.” Bobb, 9th Semiannual Report, 23.

    472. Bobb, 15th Semiannual Report, 26.

    473. Ibid., 9.

    474. Ibid., 9.

    475. Bobb, 16th Semiannual Report.

    476. Merrick Bobb, Special Counsel, 2nd Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 1994), 34–35.

    477. Bobb, 16th Semiannual Report, 5–41.

    478. See, for example, Los Angeles Sheriff's Department, Office of Independent Review, Report of Oversight of Administrative Discipline Cases: October thru December 2003 (2004). Available at http://www.laoir.com.

    479. Los Angeles Sheriff's Department, Office of Independent Review, Second Annual Report 2003 (Los Angeles: Los Angeles Sheriff's Department, 2003), 71–73.

    480. Ibid., iii.

    481. Ibid., 2.

    482. Ibid., 62–63.

    483. Ibid., 63

    484. Philadelphia Office of Integrity and Accountability, Disciplinary System (Philadelphia: Philadelphia Police Department, 2001).

    485. San Jose, Independent Police Auditor, 2001 Year End Report (San Jose: Independent Police Auditor 2000), xvii. Available at http://www.ci.san-jose.ca.us/ipa.

    486. San Jose Independent Police Auditor, 2000 Year End Report, 42.

    487. San Jose Independent Police Auditor, 2003 Year End Report, 55–60.

    488. San Jose Independent Police Auditor, 2001 Year End Report, 20–30.

    489. San Jose Independent Police Auditor, A Student's Guide to Police Practices (San Jose: Independent Police Auditor, 2002). Available at http://www.ci.san-jose.ca.us.

    490. Boise Community Ombudsman, Public Report: Police Handling of a Reported Rape in Barber Park (Boise: Community Ombudsman, June 27, 2000). Available at http://www.boiseombudsman.org.

    491. Seattle Police Department, Office of Professional Accountability, Report on Seattle's Response to Concerns about Racially Biased Policing (Seattle: Seattle Police Department, June 2003). Available at http://www.ci.seattle.wa.us/police/OPA/.

    492. Ibid., 8.

    493. Philadelphia Police Department, Integrity and Accountability Office, Use of Force (Philadelphia: Philadelphia Police Department, 1999). Philadelphia Police Department, Integrity and Accountability Office, Disciplinary System (Philadelphia: Philadelphia Police Department, 2001). Philadelphia Police Department, Integrity and Accountability Office, Enforcement of Narcotics Law (Philadelphia: Philadelphia Police Department, 2002).

    494. Bobb, 15th Semiannual Report, 9.

    495. Knapp Commission, Report (New York: Brazillier, 1971). Lawrence W. Sherman, Scandal and Reform (Berkeley: University of California Press, 1978). Mollen Commission, Report (New York City: Mollen Commission, 1994). Available at http://www.parc.info.

    496. Mollen Commission, Report. Available at http://www.parc.info.

    497. Los Angeles Police Department, Board of Inquiry Report on the Rampart Incident (Los Angeles: Los Angeles Police Department, 1999). Available at http://www.lapdonline.org. Los Angeles Police Commission, Report of the Independent Review Panel (Los Angeles: Los Angeles Police Commission, 2000). Available at http://www.lapdonline.org.

    498. John Crew, personal conversations with author. ACLU of Northern California, A Campaign of Deception: San Jose's Case Against Civilian Review.

    499. The activities of Portland Copwatch are available at http://www.portlandcopwatch.org.

    500. This author's personal experience suggests that the Seattle auditor was willfully inactive. In the mid-1990s the Seattle auditor did not even respond to telephone requests for an interview or even copies of the quarterly reports. (Other citizen oversight officials across the country have always been more than eager to talk about their activities.)

    501. Seattle, Citizens Review Panel: Final Report (August 19, 1999). Seattle Police Department, Expectations, Initiative & Accomplishment: A Five Year Summary (Seattle: Seattle Police Department, August 1999).

    502. Samuel Walker and Eileen Luna, A Report on the Oversight Mechanisms of the Albuquerque Police Department (Albuquerque: City Council, 1997), “Executive Summary.”

    503. Samuel Walker and Eileen Luna, “Institutional Structure vs. Political Will: Albuquerque as a Case Study in the Effectiveness of Citizen Oversight of the Police,” in Civilian Oversight of Policing: Governance, Democracy and Human Rights, ed. Andrew Goldsmith and Colleen Lewis, 83–104 (Oxford: Hart Publishing, 2000).

    504. Los Angeles Sheriff's Department, Office of Independent Review, First Annual Report 2002, 1. Available at http://www.laoir.org.

    505. Ibid., 2.

    506. Robin Sheppard Engel, How Police Supervisory Styles Influence Patrol Officer Behavior (Washington, DC: U.S. Department of Justice, 2003). Available at http://www.ncjrs.org, NCJ 194078

    507. Samuel Walker, Early Intervention Systems for Law Enforcement Agencies: A Planning and Management Guide (Washington, DC: Department of Justice, 2003). Available at http://www.ncjrs.org, NCJ 201245.

    508. Barbara Armacost, “Organizational Culture and Police Misconduct,” George Washington Law Review 72 (March 2004): 515.

    509. National Academy of Sciences, Fairness and Effectiveness in Policing: The Evidence (Washington, DC: National Academy Press, 2004).

    510. An extremely useful guide, which appeared just as this book was being completed is Maya Harris West, Organized for Change: The Activist's Guide to Police Reform (Oakland: Policylink, 2004). Available at http://www.policylink.org.

    511. Philadelphia Police Department, Integrity and Accountability Office, Disciplinary System (Philadelphia: Philadelphia Police Department, 2001).

    512. Merrick Bobb, Special Counsel, 16th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2003), 43–60. Available at http://www.parc.info.

    513. Los Angeles Police Department, Eleventh Quarterly Report of the Independent Monitor (2004), 5–6. Available at http://www.lapdonline.org.

    514. Merrick Bobb, Special Counsel, 9th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 1998). Available at http://www.parc.info. People v. City of Riverside, Stipulated Judgment (2001), Sec. 52. Available at http://www.ci.riverside,ca.us/rpd.

    515. Los Angeles Police Department, Board of Inquiry Report on the Rampart Incident (Los Angeles: Los Angeles Police Department, 1999). Available at http://www.lapdonline.org. Philadelphia Police Department, Integrity and Accountability Office, Disciplinary System (Philadelphia: Philadelphia Police Department, 2001), 54.

    516. Omaha Public Safety Auditor, Public Safety Auditor's Report (Quarter Ending September 30, 2002), 16. Available at http://www.ci.omaha.ne.us.

    517. New Jersey State Police, Monitor's Ninth Report (January 2004), 39. Available at http://www.njpublicsafety.com.

    518. Oakland Police Department, Negotiated Settlement Agreement, Second Semiannual Report (February 2004), 10. Available at http://www.oaklandpolice.com.

    519. Philadelphia Police Department, Office of Integrity and Accountability, Disciplinary System (2001).

    520. Personal conversations, author and Omaha Public Safety Auditor. See the auditor's reports at http://www.ci.omaha.ne.us.

    521. Omaha Public Safety Auditor, Public Safety Auditor's Report, Quarter Ending September 30, 2002, 16. Available at http://www.ci.omaha.ne.us.

    522. Merrick Bobb, Special Counsel, 15th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2002), 99. http://www.parc.info.

    523. Philadelphia Police Department, Integrity and Accountability Office, Disciplinary System, 49–50. A span of control of 7:1 is mandated in the Riverside, California consent decree. People v. City of Riverside, Stipulated Judgment (2001), Sec. 52. Available at http://www.ci.riverside,ca.us/rpd.

    524. Merrick Bobb, Special Counsel, 16th Semiannual Report (Los Angeles: Los Angeles Sheriff's Department, 2003). Available at http://www.parc.info.

    525. Malcolm M. Feeley and Edward L. Rubin, Judicial Policy Making and the Modern State (New York: Cambridge University Press, 1998).

    526. Metropolitan Police Department for Washington, DC, Fifth Quarterly Report of the Independent Monitor (July 2003), 15. Available at http://www.policemonitor.org.

    527. Ibid., 2.

    528. Oakland Police Department, Second Semi-Annual Report of the Monitor (2004), 4. Available at http://www.oaklandpolice.com.

    529. Ibid., 52.

    530. Samuel Walker, The Discipline Matrix: An Effective Police Accountability Tool? (Omaha: University of Nebraska at Omaha, 2003). Available at http://www.policeaccountability.org.

    531. Washington Post, “Exploding Number of SWAT Teams Sets Off Alarms,” June 17, 1997. Dave Kopel, “Smash-up Policing: When law enforcement goes Military,” National Review, May 22, 2000.

    532. Fresno Police Department, Study of Use of Force (2002). Available at http://www.fresno.gov/fpd.

    533. Fresno Police Department, Reportable Use of Force Project, Fourth Quarter 2003 (2003). Available at http://www.fresno.gov/fpd.

    534. Seattle Police Department, Special Report: Use of Force by SPD Officers (November 2001). Available at http://www.cityofseattle.gov.

    535. Seattle Police Department, SPD Progress Report—Less Lethal Options Program—Year 1 (May 2002). Available at http://www.cityofseattle.gov/police.

    536. Police Executive Research Forum, Racially Biased Policing: A Principled Response (Washington, DC: PERF, 2001).

    537. Seattle Police Department, Office of Professional Accountability, Report on Seattle's Response to Concerns about Racially Biased Policing (June 2003). Available at http://www.cityofseattle.gov/police.

    538. Seattle Police Department, Office of Professional Accountability, OPA's Internal Outreach Efforts (2004). Available at http://www.cityofseattle.gov/police.

    About the Author

    Samuel Walker is Isaacson Professor of Criminal Justice at the University of Nebraska at Omaha. His research interests involve police accountability, including citizen oversight of the police, early intervention systems for police officers, and the mediation of citizen complaints against police officers.

    Professor Walker is the author of 12 books on policing, criminal justice policy, and civil liberties. His most recent book is The Police in America: An Introduction (5th ed., 2005). He is also the author of Police Accountability: The Role of Citizen Oversight (2001), Taming the System: The Control of Discretion in Criminal Justice, 1950–1990 (1993), Sense and Nonsense About Crime (5th ed., 2001), The Color of Justice: Race, Ethnicity, and Crime in America (with C. Spohn & M. DeLone) (3rd ed., 2003), and In Defense of American Liberties: A History of the ACLU (2nd ed., 2000). He is the author of Early Intervention Systems for Law Enforcement Agencies: A Planning and Management Guide (2003), published by the COPS Office of the U.S. Department of Justice.

    He currently serves as Coordinator of the Police Professionalism Institute (PPI) at the University of Nebraska at Omaha. The PPI is engaged in a number of projects related to police relations with the Hispanic-Latino community; early intervention systems; national standards for police auditor systems; and a comparative analysis of police accountability in the United States, Latin America, and Europe. PPI reports are available at http://www.policeaccountability.org.

    Professor Walker has served as a consultant to the Civil Rights Division of the U.S. Department of Justice and to local governments and community groups in a number of cities across the country on police accountability issues.


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