By IBAC - Independent Broad-based Anti-corruption Commission

The Focused Police Complaints Pilot (Pilot) was a trial by the Independent Broad-based Anti-corruption Commission (IBAC) to establish a dedicated team to assess and investigate single incident complaints about the conduct of Victoria Police personnel from people who are at a higher risk of experiencing misconduct. These communities included: • Aboriginal and Torres Strait Islander peoples • people with disability • people who identify as LGBTIQA+ • people from culturally and linguistically diverse backgrounds • people aged under 25 years • people with mental illness, where their mental illness is linked to their engagement with police • people who have a reasonable fear of their safety. As Victoria’s anti-corruption and police oversight agency, the purpose of IBAC is to prevent and expose public sector corruption and police misconduct. IBAC relies on the trust of the Victorian community to perform our role to keep the public sector and Victoria Police accountable. In practice, this means we rely on community members to know about IBAC, feel confident to contact us to make a complaint and feel assured that IBAC will fairly and independently assess the complaint and investigate it when appropriate. IBAC recognises the challenges faced by people making a complaint about suspected corruption or police misconduct. Whether these challenges arise for social, economic or cultural reasons or because it can be difficult to speak out, IBAC understands that making a complaint or being part of an IBAC investigation may be a confronting experience. To help address these barriers, the objectives of this Pilot were to: • improve the timeliness of IBAC’s complaints assessment, investigation and outcome notifications to reduce IBAC’s response times for complainants through an accelerated pathway for police complaints from the identified communities • increase transparency and complainants’ understanding of the outcomes of complaints • trial better means to identify focus community complainants. The Pilot ran from October 2023 to April 2024 and an internal evaluation was completed in June 2024. This report provides an overview of IBAC’s work to establish and operate the Pilot. It also outlines the outcomes of the Pilot and the next steps for this important work.

Melbourne: State of Victoria , (Independent Broad-based Anti-corruption Commission) 2024. 16p.

By Roy S. Gutterman

The shocking epidemic of police brutality, highlighted by recent cases including the George Floyd killing, continues to inspire protests and efforts to reform police activity. Reforms often encompass all branches of government—legislative, administrative and executive, and, of course, the courts. The Fourth Estate, the press, also plays an important role in serving as a check on government power and abuses, particularly in police brutality matters. Opening up public records, specifically police disciplinary reports, misconduct complaints, and other records, has come to the forefront of efforts for police reform. Numerous recent cases of police brutality and police killings of citizens, often people of color, stopped by police, sometimes police with long records of prior abuses, helped incorporate public scrutiny into the public discussion on police abuses. Officers in several high-profile cases had a long paper trail of previous complaints and abuses. Had this information been publicized earlier, the conventional wisdom is that perhaps they might not have been on the job to commit additional crimes under the color of law. Thus, media organizations and individual journalists exercising their First Amendment rights delve into public records and use them as the backbone for disseminating information about important public issues. Police misconduct certainly falls within the ambit of important news coverage. One important outgrowth of these dramatic and life-and-death cases has been legislation intended to open up police misconduct records to public scrutiny, which in some states have been locked behind restrictive and anti-democratic laws aimed at keeping these public records from the people who need them the most: the public. This Article will look at a series of laws and the subsequent legal challenges seeking to unlock police misconduct public records with a particular focus on New York Civil Rights Law section 50-a, which was repealed in January 2020 to lift the blanket shielding release of police disciplinary and misconduct files. The law was initially enacted in the 1970s to prevent criminal defense attorneys from securing law enforcement disciplinary and complaint files to impeach police witnesses. Over the decades, though, the blanket exemption also meant that journalists and media organizations could not employ public records requests to adequately and thoroughly cover police misconduct or other employment matters involving corrections officers, firefighters, and some other government officials who make life-and-death decisions, and those who should be subject to public scrutiny. In addition to recent dramatic and life-and-death cases, a 2018 New York Court of Appeals decision strictly interpreted the statute to uphold withholding law enforcement disciplinary records in a far-reaching public records request. In the short time since the repeal, section 50-a has been the subject of nearly a dozen lawsuits. State trial courts have issued rulings on 50-a litigation in a dozen reported opinions, and in late 2022, two Appellate Division decisions offered the first word on the law from a higher court. In one case, a municipality, the City of Rochester, signaled that it intended to appeal the ruling to the state high court, the Court of Appeals. Following the repeal, efforts to seek police misconduct records continue to make their way through the administrative process and the courts. In New York, challenges continue to flow through the system. Despite the two recent Appellate Division opinions, word from the state’s high court, the Court of Appeals, may be needed to clarify how the 50-a repeal should be interpreted and what standards will apply to both lower courts and, more importantly, the police departments and municipalities holding those records. It is no surprise that those seeking the release of police disciplinary and misconduct records following the repeal have been stymied by government officials, buttressed by police unions and a general antipathy for public scrutiny. Even in cases where courts have ordered agencies to comply with records requests, at least one municipality reported that it would likely take up to two years or more to comply or turn over documents (continued)

Hofstra Law Review, vol. 52(3) 2024, 41p.

By No Name Kitchen

In the spring of 2020, the pandemic sealed borders and blinded those monitoring human rights violations along the Bosnian-Croatian border. Amid this backdrop, the Croatian authorities seemingly believed they could act with impunity. They were mistaken. NNK’s team activated its local network, connecting with neighbors to identify illegal pushbacks. On May 6th, in Poljana, Bosnia, sources reported a group of people had been forcibly returned, their heads marked with orange crosses. The men had their money, shoes, and mobile phones stolen. The use of spray paint –a religious symbol forced onto these predominantly Muslim men– suggests a disturbing mix of humiliation and psychological warfare. This case marked the beginning of a series of pushbacks involving an alarming level of torture and sadism, disconnected from any genuine border protection or respect for fundamental human rights. Croatian and European authorities have long justified pushbacks, citing bilateral agreements that bypass judicial due process and International Law. Likewise, the use of coercive force has been also legitimized under the guise of maintaining order. However, painting someone’s head with spray paint is neither defensible, legal, nor ethical, as it is robbing people of their phones, shoes, glasses, medicines, and passports and then burning these items in pyres. This is exactly what is happening today. Between October 2023 and August 2024, NNK conducted an extensive field investigation, uncovering evidence of these “burn piles”– secret locations where Croatian border police destroy the personal belongings of people attempting to migrate for a better life. This report compiles the evidence, survivor testimonies, and details the systematic and brutal modus operandi, aiming to push the Croatian administration towards accountability while urging European authorities and civil society to reflect on why would a border agent feel justified in taking a pair of glasses from a teenager fleeing war, leaving him blind in a forest at night, and then tossing those glasses into the flames to convert his hope into ashes? This border regime fails: it punishes the innocent while granting impunity to the undeserving. It is time to react. Time for safe and dignified routes.

Bloody Borders, 2024. 40.p.

By Simon A. Cole and Juan R. Sandoval

Police misconduct represents a profound societal issue with far-reaching consequences. Its detrimental effects encompass the discriminatory application of laws, harassment, physical violence and murder, corruption, wrongful arrests and wrongful convictions.1 These concerns are particularly pressing for underserved communities of color, where heightened levels of police contact and incarceration have effectively eroded the legitimacy of law enforcement.2 While police misconduct has been a long-standing concern, it has garnered heightened attention in recent years, primarily fueled by extensive media coverage of egregious acts of police violence, such as the killings of Michael Brown, George Floyd, and Tyre Nichols. An important recent concern about police violence has been the problem of “repeat offenders”— instances of police misconduct are not isolated events but rather involve particular officers who engage in misconduct repeatedly, with impunity. Discussion of this issue has focused on two key aspects: first, the existence of officers with extensive histories of misconduct that are often concealed from criminal defendants, judges, reporters, and the public; and second, the phenomenon of the “wandering officer” who commits misconduct in a particular department, is fired or leaves that police force, and then is hired by another police department in a different jurisdiction, where stakeholders are unaware of that officer’s history.3 The first issue came to light when it was revealed that in certain jurisdictions, including Los Angeles County and Baltimore, prosecutors maintained undisclosed “do not call” lists of police officers who should not be presented as witnesses in criminal trials due to their known histories of misconduct, perjury, or both. 4 The second problem came to light through the exposure of several infamous cases in which police officers effectively erased records of serious misconduct, secured  more widely accessible to stakeholders. This type of information has historically enjoyed legal protection, making it challenging for the public to access in numerous states.6 Notable disclosure efforts include the Invisible Institute’s publication of Chicago police misconduct data on a dedicated website, 7 and the New York Legal Aid Society's creation of a mobile device “app” designed for recording and accessing public information about individual police officers, which subsequently gained national traction through the National Association of Criminal Defense Lawyers.8 Finally, there have been persistent lobbying efforts aimed at persuading legislators to increase the transparency of information related to police misconduct for the general public. In California, these lobbying efforts have succeeded. In 2019, the legislature enacted new laws transforming the state from one that “without question, had the worst laws governing the disclosure of adjudicated findings of police misconduct” to one with “some of the strongest transparency laws” in the U.S.9 A consortium of stakeholders, including academic institutions, civil rights organizations, journalists, public defenders, and innocence organizations (including the National Registry of Exonerations), has formed the California Law Enforcement Accountability Network (CLEAN) to coordinate efforts of gathering, archiving, analyzing, and making public this newly accessible data.10 This report seeks to support these initiatives by exploring possible uses of information from the National Registry of Exonerations. This online publicly accessible archive contains data and narratives about all known exoneration cases in United States history. Police misconduct is important to the Registry because it is widely recognized as one of the key contributors to wrongful convictions in the United States. Police misconduct contributed to 43% of the wrongful convictions that resulted in exonerations since 1989.11 In addition, the Registry tracks clusters of exonerations through its Groups Registry. This includes exonerations centered around notorious rogue officers, such as former sheriff's deputy Tom Coleman in Tulia, Texas, former Sergeant Ronald Watts in Chicago, and Rafael Perez, the former Los Angeles Police detective at the heart of the Rampart scandal.   

 Ann Arbor: National Registry of Exonerations, 2023. 13p.

By Max Schanzenbach

Police misconduct is at the top of the public policy agenda, but there is surprisingly little understanding of how police personnel management policies affect police misconduct. Police-civilian interactions in large jurisdictions are, in principle at least, highly regulated. But these regulations are at least partially counteracted by union contracts and civil service regulations that constrain discipline and other personnel decisions, thereby limiting a city’s ability to manage its police force. This Essay analyzes police personnel management by bringing forth evidence from a variety of data sources on police personnel practices as well as integrating an existing, but relatively siloed, literature on police misconduct. The empirical findings that emerge are as follows: (1) policing is a surprisingly secure, well-paid job with little turnover prior to retirement age; (2) inexperienced police officers are, all else equal, more likely to commit misconduct and, at the same time, more likely to receive high risk assignments; and (3) bad cops are a serious problem, are identifiable, and are rarely removed or disciplined. Taken together, these facts suggest that attempts to regulate police conduct directly or through civil rights litigation are impeded by the inability of those who supervise police to control individual officers through assignments, discipline, and removal. The nexus of compensation, seniority, promotion, discipline, and pension policies that characterize much police personnel management cannot be rationalized under traditional labor and employment contract analysis. Existing compensation  and pension policies could be rationalized, however, if supervisors were empowered to manage police through assignments, penalties, and promotion.

Chicago: Vanderbilt Law Review, 2022, 49p.  

Ben Grunwald and John Rappaport

“Wandering officers” are law-enforcement officers fired by one department, sometimes for serious misconduct, who then find work at another agency. Policing experts hold disparate views about the extent and character of the wandering-officer phenomenon. Some insist that wandering officers are everywhere—possibly increasingly so—and that they’re dangerous. Others, however, maintain that critics cherry-pick rare and egregious anecdotes that distort broader realities. In the absence of systematic data, we simply do not know how common wandering officers are or how much of a threat they pose, nor can we know whether and how to address the issue through policy reform.

In this Article, we conduct the first systematic investigation of wandering officers and possibly the largest quantitative study of police misconduct of any kind. We introduce a novel data set of all 98,000 full-time law-enforcement officers employed by almost 500 different agencies in the State of Florida over a thirty-year period. We report three principal findings. First, in any given year during our study, an average of just under 1,100 officers who were previously fired—three percent of all officers in the State—worked for Florida agencies. Second, officers who were fired from their last job seem to face difficulty finding work. When they do, it takes them a long time, and they tend to move to smaller agencies with fewer resources in areas with slightly larger communities of color. Interestingly, though, this pattern does not hold for officers who were fired earlier in their careers. Third, wandering officers are more likely than both officers hired as rookies and those hired as veterans who have never been fired to be fired from their next job or to receive a complaint for a “moral character violation.” Although we cannot determine the precise reasons for the firings, these results suggest that wandering officers may pose serious risks, particularly given how difficult it is to fire a police officer. We consider several plausible explanations for why departments nonetheless hire wandering officers and suggest potential policy responses to each.

129 Yale Law Journal 1676-1782 (2020)

By 21CP Solutions.

From the Introduction: The President’s Task Force on 21st Century Policing was established by Executive Order under then President Barack Obama on December 18, 2014. President Obama charged the task force with identi- fying best practices and offering recommendations on how policing practices can promote effective crime reduction while building public trust. Since the publication of the task force’s final report in May 2015, there have been more than 133 national, state, or local task forces, councils, and working groups responding to police violence in communities throughout the country.1

The nation remains in a policing crisis, and too many poor communities of color face the adverse conditions of poverty and economic exclusion that aggravate the relationship between communities and police. The 2015 report by the President’s Task Force on 21st Century Policing remains a significant influence on policing reform, but the country still confronts police violence that undermines community trust and confidence.

Task Force on 21st Century Policing: A Renewed Call to Action. Chicago: 21CP Solutions, LLC. 2023. 40p.

U.S. President's Commission on Law Enforcement and Administration of Justice

The analysis focused on the police role and responsibilities; police organization, management, and operations; the coordination and consolidation of police service; police personnel selection, training, and career development; police-community relations; police ethics; the implementation of policing standards through State commission on police standards; and the community's role in law enforcement. Individual sections detailed the history of the police, police attitudes toward their role, internal and external controls, police leadership, the use of technology, police misconduct, the role of private police, citizen crime precautions, and community crime prevention planning.

Washington, DC: U.S. Department of Justice, 1967. 250p.

By Bocar A. Ba and Roman G. Rivera

Does policing the police increase crime? We avoid simultaneity effects of increased public oversight during a major scandal by identifying events in Chicago that only impacted officers’ self-imposed monitoring. We estimate crime’s response to self- and public-monitoring using regression discontinuity and generalized synthetic control methods. Self-monitoring, triggered by police union memos, significantly reduced serious complaints without impacting crime or effort. However, after a scandal, both civilian complaints and crime rates rise, suggesting that higher crime rates following heightened oversight results from de-policing and civilian behavior simultaneously changing. Our research suggests that proactive internal accountability improves police-community relations without increasing crime.

Philadelphia: University of Pennsylvania Carey Law School, 2019. 89p.