Police Use of Force
Published on Nov 29, 2016
CORE Presentation Introduction
MORE DECKS TO EXPLORE
PRESENTATION OUTLINE
Arielle Benson
Stefanie Ross
Kiara Daniels
TESC 2016
Master of Public Administration Fall 2016.
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Accountability in Law Enforcement
- Use of Force Continuum
- Crime Reporting Data: Uniform Crime Reports (FBI), Bureau Justice Statistics - do not collect aggregate information on use of force
- Many States prohibit access to administrative records and information regarding police use of force
Contiuum: National Institute of Justice: http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-force/pages...
Police Misconduct Records: https://www.policemisconduct.net/explainers/transparency-in-law-enforcement...
Police Misconduct Records: https://www.policemisconduct.net/explainers/transparency-in-law-enforcement...
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RCW 9a.16.040
- New more conservative language adopted in response to Tennessee v. Garner (1985)
- Limits any stricter language in municipal codes
- Accountability
- "Malice" and "Good Faith"
RCW 9A.16.040: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.16.040
Tennessee vs. Garner (1985): http://caselaw.findlaw.com/us-supreme-court/471/1.html
Tennessee vs. Garner (1985): http://caselaw.findlaw.com/us-supreme-court/471/1.html
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DEF: Malice (n.): is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
CA Penal Code 188 [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000...]
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DEF: With Good Faith (v.): An honest intent to act without taking an unfair advantage over another person or to fulfill a promise to act, even when some legal technicality is not fulfilled.
Good faith. (n.d.) In West's Encyclopedia of American Law, edition 2. (2008). Retrieved from http://legal-dictionary.thefreedictionary.com/good+faith
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Police Deadly Use of Force
Figures accessed from: Seattle Times (2016). Seattle Times Police Killings Deadly Force Data. Retrieved from https://github.com/seattletimes/police-killings/blob/master/data/deadly- force-data.csv
Accountability ensures equal application of the law.
"Without justice being freely, fully, and impartially administered, neither our persons, nor our rights, nor our property, can be protected. And if these, or either of them, are regulated by no certain laws, and are subject to no certain principles, and are held by no certain tenure, and are redressed, when violated, by no certain remedies, society fails of all its value; and men may as well return to a state of savage and barbarous independence."
Joseph Story, Commentaries on the Constitution, 1833
Joseph Story, Commentaries on the Constitution, 1833
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John T Woodcarver Shot in Seattle 2011
John T Williams
Trigger Warning (video will be stopped short)
Link to Video: https://m.youtube.com/watch?v=EnKLEOXenow
"A public officer or peace officer shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable ."
RCW 9A.16.040: http://apps.leg.wa.gov/rcw/default.aspx?cite=9A.16.040
"Directive 22"
Philadelphia PD Directive 22: https://static1.squarespace.com/static/56996151cbced68b170389f4/t/569add89b...
Ban ALL
- Chokeholds
- Strangle-Holds
- Hog-Tying
- Transporting people face down in a vehicle
Stakeholders
People within the policy
Law enforcement
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Untitled Slide
- Increased public and media scrutiny
- Fear/hesitation during dangerous situations
- More officers being disciplined and prosecuted
- Actions vs. Intent
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Conduct review and Disciplinary boards
- Increase in investigations and warranted Discipline
- Increased budget and staffing needs
- Restructuring may be necessary
- More media and community involvement
- Officer And prosecutor relationships blur the lines
Community
- Increased faith in the justice process for law enforcement
- Increased confidence when filing complaints
- Tension levels between officers and civilians may not decrease
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Panel in Olympia voted 14 to 10 in favor
of eliminating "malice" & "good faith" from statute
The Olympian: 11/21/2016. http://www.theolympian.com/news/politics-government/article116360438.html
moving forward
- Current Initiative I-837
- Presentation to the Governors office(In Alignment with new Task force)
- Present to the Law and Justice Committee of the Washington State Senate
- Removal of the Clause
- Steps toward more de-escalation, ethics and mental health training
I-873: Full Language: http://www.notthistime.global/wp-content/uploads/2016/06/I-873-The-People-I...
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