By Lucy Strang, Jack Cattell, Eddie Kane, Emma Disley, Brenda Gonzalez-Ginocchio, Alex Hetherington, Sophia Hasapopoulos, Emma Zürcher  

Background to the Report RAND Europe, in partnership with Get the Data and Skills for Justice, was commissioned by the Ministry of Justice in 2021 to conduct a study funded by the Shared Outcomes Fund on how police in England and Wales use options to resolve cases out of court to support adults (aged 18 or over) with health-related vulnerabilities.1 Following legislative reforms, a ‘two-tier plus’ framework for Out of Court Disposals (OOCDs; or Out of Court Resolutions2) is due to come into force nationally. This new framework consolidates the current statutory disposals into two primary options: Diversionary Caution and Community Caution. In advance of the implementation of the framework, this study aimed to provide an overview of how different police forces use OOCDs; to improve the use of OOCDs with conditions attached that address mental health and other health-related vulnerabilities; and to produce the foundations of practice change and improve the data collection methods to monitor their use and enable potential further research to explore their effectiveness. The study took place in three phases: • In Phase 1, the research team captured the current use of OOCD conditions to support adults with health vulnerabilities and relevant services available locally for each of the 37 police force areas in England and Wales participating in this study, including identifying any local gaps in service provision. • In Phase 2, the research team explored in greater depth how health vulnerabilities are identified, relevant conditions set, and progress is monitored, as well as perceptions of the effectiveness of the conditions set in a sample of seven police forces. • In Phase 3, the research team worked with seven3 police forces on a more detailed follow-up to co-produce the foundations of practice change, developing improved operational practice around the use of OOCDs, and creating supportive guidance, tools and training to enable effective application of OOCDs with health related conditions. In addition, the research team worked with these forces to improve data collection on the use of OOCDs with conditions attached to enable potential longer-term analytical work to isolate the short, medium- and long-term impacts of individual interventions on reoffending. This Report presents findings from all three Phases of this study. It is intended to be useful and relevant for frontline and operational police officers, service providers and policy stakeholders. 1.2 Key findings from this study Force-level approaches to OOCDs • Just over half (19) of the participating forces were using a two-tier OOCD model in March 2022, with a further 13 forces reported to be introducing two-tier in 2022 or working towards introducing it in 2023. • The OOCD processes and protocols used varied a great deal between forces and work with the case study forces identified significant missed OOCD opportunities, even in forces which had high levels of OOCD usage. • Across 37 forces, 189 services were identified that could be attached as conditions to OOCDs, with substance misuse and mental health services the most commonly available to be attached to OOCDs. • Nevertheless, most force areas reported that the local provision of mental health-related services generally was not sufficient for the needs of vulnerable offenders with OOCDs. • A range of funding models for available services were identified, the most common of which were police-funded, externally funded (for example, by local authorities) and offender-funded. • Of the forces that reported engaging with service providers as part of their OOCD process, relationships with service providers were generally maintained through some form of regular contact. • The training of police officers and staff on OOCDs, particularly in relation to conducting vulnerability assessments, was generally conducted on an ad hoc basis and was not available as a structured programme for most police forces, with staff turnover and inexperienced officers identified as key challenges. • Disproportionality in who received OOCDs was identified as a concern by some OOCD stakeholders. • Force use of OOCD scrutiny panels, which independently review anonymised cases, varied greatly across forces. Frontline approaches to OOCDs • Three levels of decision-makers at key OOCD decision gateways – the officer in charge (OIC), their supervisor and the force OOCD management and support functions – were identified. • Most police forces did not have a force-wide policy requiring a health vulnerability screening and assessment during the OOCD decision-making process and the use of a tool to assess health vulnerabilities was a well established process in only a minority of forces, usually those with a dedicated OOCD team. • The majority of forces were still reliant on frontline officers and their supervisors to make decisions regarding OOCD condition setting and deciding on any supportive interventions. • The most effective OOCD management processes and outcomes were found in those with a dedicated team. • The responsibility for monitoring compliance varied significantly between forces, with some assigning it, for example, to a dedicated OOCD team, and others to the OIC or an OOCD caseworker. 5 experiment and process evaluation would offer the most rigorous findings in the current context. 1.3 Reflections and implications Overall, findings from the study indicate that there is significant variation across forces in England and Wales in their OOCD processes and in how well-developed and well-established these processes are. At the force level, it appeared that OOCDs were underused in many forces; across the 31 forces that shared information on outcomes given to offenders in 2021, on average only 8% of all offenders were given an OOCD, but this varied substantially between forces. Furthermore, significant gaps were identified across most force areas in the availability of interventions to meet the needs of vulnerable offenders. Furthermore, limited provision of training on OOCD use, staff turnover, high proportions of inexperienced officers, and the disproportionality in who receives OOCDs were identified as significant force-level challenges to making the best use of OOCDs to support adults with health vulnerabilities. At the frontline operational level, limited use of vulnerability assessments in the OOCD process and limited input from Liaison and Diversion (L&D) services were also widely reported. In relation to offender engagement and compliance with conditions, there is a lack of meaningful data available which creates challenges in understanding the effectiveness of their use. Overall, the existence of a dedicated OOCD team or independent entity was associated with strong and consistently applied OOCD processes. While most interventions identified in this study have not been rigorously evaluated, broader evidence from the UK and abroad suggests that OOCDs can address health vulnerabilities and reduce reoffending. In Section 5, we discuss how relevant data can be collated to facilitate the management, monitoring, and evaluation of OOCDs. Based on these reflections, our Phase 3 work produced a series of practice guides and tools to support forces to develop and maintain good practice in using OOCDs to support adults with health vulnerabilities. These guides and tools, listed below, are referred and linked to where appropriate throughout this report.    • Health Vulnerability Assessment Guide: to support forces in identifying the health vulnerability assessment process and enabling better decision-making throughout. This guide also includes good practice examples for working with Liaison and Diversion. • Quality Assurance Guide: discussing how forces can procure in a way that facilitates a good evidence base. • Auditing Missed Opportunities Guide: provides forces with a simple methodology for auditing OOCD decisions to identify learning. • Data collection tool prototype: to support forces in gathering and using OOCD data. In addition, the study team developed OOCD training resources for forces to support relevant officers and decision makers on setting conditions to OOCDs to address health vulnerabilities, and to support higher level decision makers on implementing OOCD processes. Implications Sections 3, 4 and 5 conclude with a series of implications for OOCD practitioners and stakeholders in light of the implementation of the statutory two-tier plus framework in 2023. At the force level (Section 3), these implications are: • Each force should review their current processes and protocols to ensure significant opportunities to use OOCDs for those with health vulnerabilities are not being missed. This could include offence type audits and more detailed scrutiny of cases given OOCD and equivalent cases where they were not. A guide developed as part of this study is available (see the Rand website). • Forces should analyse data on local needs to identify any gaps in service provision, and work with service providers to address these gaps. • Forces should build service provision for OOCDs and their relationships with service providers by piloting and scaling up services in response to identified local need (and informed by robust evidence of effectiveness – see Section 5 below (see the Rand website). • Where possible, forces should seek to identify and utilise service providers with stable sources of funding to help ensure resilience in service provision. This may mean that some services are funded by the police to provide this stability. Furthermore, reducing offender-pays services can remove some barriers to compliance. • Forces should establish consistent and standardised modes of communication with service providers, including on compliance with and breaches of conditions. This may be easier with a dedicated OOCD team. • Forces should facilitate good information sharing by integrating service providers into police IT systems (in compliance with relevant data protection regulations.) • Each force should review their current training arrangements to ensure all those involved in OOCD decision-making are suitably trained in this area. Forces can consider adopting/adapting the training model outlined in this guidance (see the Rand website). • Each force should review its current use of OOCD attached services aimed at those with health vulnerabilities to ensure that their current practice is not resulting in disproportionality in the use of OOCDs or discriminating against some individuals, groups or communities. • Each force should review their current adult OOCD scrutiny arrangements to ensure that their overall oversight and accountability mechanisms for OOCDs are more consistent and comprehensive, as well as able to address wider issues of disproportionality. At the frontline operational level (Section 4), these implications are: • Each force (where not already in place) should review its position on having a dedicated OOCD team and develop options to put one in place. • Each force should review their current approach to screening for and assessing health vulnerabilities as part of the OOCD decision making process including links to L&D or equivalent services in all relevant settings including for Voluntary Attendance. The research team has developed a guide on working with L&D for OOCDs (see the Rand website).  ....continued.....

London: UK Ministry of Justice, 2024. 150p.

By Kevin Petersen, Christopher S. Koper, Bruce G. Taylor, Weiwei Liu, Jackie Sheridan-Johnson

Police use-of-force is a growing public health concern, with recent estimates suggesting that over 70,000 people are injured by police each year. To reduce the risk of injury to civilians, most police agencies authorize the use of various less-lethal weapons. However, to date, there is little consensus as to which types of less-lethal weapons are most effective at reducing injury risk. In this study, we test the differential effects of less-lethal weapons on civilian injury and injury severity using data on 2348 use-of-force incidents originating from 17 large urban and metropolitan law enforcement agencies from 2015 to 2019. Specifically, we assess the injury risks associated with conducted energy devices, chemical agents, impact weapons, and police canines, while controlling for a robust set of officer, civilian, and situational characteristics. Our results indicate that chemical agents reduce the risk of hospitalization or death significantly more than other weapon types, while police canines increase the risk of all injury outcomes significantly more than other weapon types. Adjusting for incident characteristics, chemical agents are predicted to cause hospitalization or death in 4% of cases, compared to 13% for conducted energy devices, 16% for impact weapons, and 37% for police canines. These findings suggest that civilian injury may be reduced through use-of-force policies that prioritize less severe modalities of force, though more research is needed on the contextual and long-term effects of these weapons.

Journal of Urban Health; November, 2024

By Emily Owens and Emily Hope Anderson

We analyze 2.3 million stops made by the California Highway Patrol (CHP) in 2022 to better understand who is being stopped (or helped in non-enforcement stops), if there are racial and ethnic disparities in who is being stopped, and suggest possible strategies the CHP could use to reduce unwarranted disparities in stops while also promoting public safety. KEY FINDINGS: 1. As compared to 2019, there were fewer enforcement and non-enforcement stops made by the CHP in 2022. This is likely driven by changes in the number of California drivers and their behavior or by the number of CHP Officers, rather than a reduction in CHP enforcement effort. 2. The overall size of Black-White and Hispanic-White disparities in stop rates, benchmarked to non-enforcement stops, is about the same as it was in 2019. This is true both state-wide, and within individual CHP Divisions. 3. In 2022, CHP Officers were more likely to stop Black or Hispanic people for moving violations than White people. A Veil of Darkness test also suggests the potential presence of bias in stops for moving violations. 4. In 2022, 21% of the traffic enforcement stops made by the CHP were for non-moving violations. These stops for non-moving violations led to 35% of all serious contraband seizures by CHP Officers and 12% of DUI arrests. Officers are more likely to discover serious narcotics in searches following non-moving violations than in searches following moving violations. 5. Black-White and Hispanic-White disparities in stop rates for non-moving violations made a small contribution to overall disparities in stops rates. If the CHP did not make any stops for non-moving violations in 2022, Black-White disparities in stop rates would have been 2.9% lower, and Hispanic-White disparities would have been 2.2% lower.  RECOMMENDATIONS: 1. The CHP should consider further investigation into the quantity and specific type of contraband seized when conducting searches; this information is currently not included in RIPA data. This would allow for a more formal cost-benefit analysis of making stops for non-moving violations. 2. The CHP may want to consider increased use of technology in making stops for moving violations. Statistical tests suggest that stops made where speed information is gathered by radar, lidar, or airplane, are less likely to involve nonWhite drivers than stops made when a CHP Officer collects speed information by driving alongside or behind the potentially speeding car.   

Berkeley: California Policy Lab, 2024. 56p.

By the International Association of Chiefs of Police (IACP)

In the summer of 2024, the International Association of Chiefs of Police (IACP) surveyed its member agencies to better understand the challenges police agencies are facing regarding recruitment and retention. The IACP received responses from 1,158 U.S. agencies. More than 80% of these respondents were from local municipal police agencies. Highlights from the survey results include RECRUITMENT – More than 70% of respondents reported that recruitment is more difficult now than five years ago. On average, agencies are operating at approximately 91% of their authorized staffing levels, indicating a nearly 10% deficit. HIRING PROCESSES – In response to recruitment challenges, about 75% of respondents reported making policy and procedural changes to enhance recruitment and retention. Such changes include loosened restrictions on tattoos, facial hair, and appearance; increased investment in recruitment efforts; and increases in salary. Many agencies also tried to simplify the hiring process. Most agencies are now able to extend a job offer within three months of a candidate’s application. RETENTION – Respondents indicated that resignation is most likely within the first five years of hire, and that retaining officers during the recruit/training phase may be more challenging than retaining officers long-term. Moving to another agency for higher salary was the reason most commonly cited for voluntary resignation. Retirements also seem to be increasing due to both the large number of officers hired in the 1990s now reaching retirement eligibility and officers’ unwillingness to work beyond immediate retirement eligibility. OPERATIONS – About 65% of respondents reported that they had reduced services or specialized units because of staffing challenges, prioritizing essential patrol functions over specialized assignments. SUCCESS STORIES – Agencies also reported some success in improving recruitment and retention through intentional strategies. These included creating new pathways for young people to become police officers, emphasizing a healthy organizational culture, prioritizing employee health and wellness, and investing in the professional growth and development of employees. CUSTOMIZED SOLUTIONS – What some agencies saw as a detriment or challenge, other agencies leveraged as an asset. Responses made clear that what works for one agency may not work for another, and a variety of factors must be considered in creating an effective police recruitment and retention strategy. These conclusions are detailed along with supporting evidence from the survey responses in the report that follows.   

Alexandria, VA:  International Association of Chiefs of Police (IACP) ,2024. 28p.

By Hannah D. McManus,  Robin S. Engel,  Jennifer Calnon Cherkauskas,  Sarah C. Light, Amanda M. Shoulberg,

Despite evidence of gradually declining rates of violent crime over the last several decades, violence continues to pose a serious problem for many urban communities (Federal Bureau of Investigation, 2018). Indeed, recent trends in violent crime within the United States suggest violence is a chronic problem, producing substantial costs to communities and individuals, and requiring immediate response from a coalition of stakeholders. As such, finding effective interventions to target violence is essential for restoring communities and enhancing public health and safety. This literature review examines the available empirical evidence on a variety of police-led violence reduction strategies (offender-focused, place-based, and community-based), as well as community-led, public health-based violence prevention interventions. The purpose of this review is to summarize for practitioners, policymakers, and researchers the state of the evidence regarding the effectiveness of various approaches to reduce violence, highlight implications for practice (see Appendix A), and identify the remaining gaps in this knowledge needing to be addressed by future research.   

Cincinnati, OH: Center for Police Research and Policy, University of Cincinnati, 2020. 97p.

By  Arron Lewis Cullen

Established news organizations have covered crime and law enforcement news for centuries. As a result, it should come as no surprise that the media is frequently the source from which the public learns the most about police activity in their communities. The purpose of this thesis is to investigate police social media activities and organizational structures to acquire a better understanding of how the police present themselves on digital platforms. Contributions to the field of police communications, specifically to the rapidly expanding field of police and social media studies, are made throughout this thesis. The conceptual framework of this research draws upon police image work, elements of community policing, and the digital society we live in. Through a pragmatic mixed methods approach, three empirical studies come together to contribute knowledge that does not currently exist regarding police forces in England and Wales. Data analyzed stems from the Twitter platform, interviews with communication experts, and a national survey of police forces. The research argues that police communications have gone through significant changes over the past decade, shifting from professionalization to the digitalization of police image work. The findings indicate that police communications have expanded and provide new opportunities to show the human side of policing through creative content. While police forces continue to be cautious, the study outcomes indicate that digital channels are vital for operational policing and enhancing customer service-related duties. However, opportunities for interactions within digital communities remain an area for development. Overall, this thesis provides an exploratory investigation into police social media activities, contributing to the existing knowledge base by demonstrating why digital society has changed how police forces carry out image work and community policing practices.   

Cardiff:  School of Social Sciences, Cardiff University, 2022. 294p.

By Jonathan Booth

This Article places the birth and growth of the Atlanta police in context by exploring the full scope of Atlanta’s criminal legal system in the four decades after the end of slavery. To do so, it analyzes the connections Atlantans made between race and crime, the adjudication and punishment of minor offenses, and the variety of Bla protests against the criminal legal system. This Article is based in part on a variety of archival sources, including decades of arrest and prosecution data that, for the first time, allow for a quantitative assessment of the impact of the new system of policing on Atlanta’s residents. This Article breaks new ground in four ways. First, it demonstrates that Atlanta’s police force responded to the challenges of freedom: it was designed to maintain white supremacy in an urban space in which residents, theoretically, had equal rights.  Second, it shows that White citizens’ beliefs about the causes of crime and the connections between race and crime, which I call “lay criminology,” influenced policing strategies.  Third, it adds a new layer to our understanding of the history of order maintenance policing by showing that mass criminalization for minor offenses such as disorderly conduct began soon after emancipation. This type of policing caused a variety of harm to the city’s Black residents, leading thousands each year to be forced to pay fines or labor for weeks on the chain gang. Fourth, it shows th the complaints of biased and brutal policing that animate contemporary police reform activists have been present for a century and a half.  Atlanta’s Black residents, across class lines, protested the racist criminal legal system and police abuses while envisioning a more equitable city where improved social conditions would reduce crime.

University of Colorado Law Review, Forthcoming 76 Pages Posted: 22 Apr 2024

By Michael Heise and Jason P. Nance

Nationwide calls to “Defund the Police,” largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider “defunding” (or modifying) school resource officer (“SRO/police”) programs. To be sure, a school’s SRO/police presence—and the size of that presence—may influence the school’s student discipline reporting policies and practices. How schools report student discipline and whether that reporting involves referrals to law enforcement agencies matters, particularly as reports may fuel a growing “school-to-prison pipeline.” The school-to-prison pipeline research literature features two general claims that frame debates about changes in how public schools approach student discipline and the growing number of calls for schools to defund SRO/police programs. One claim is that public schools’ increasingly “legalized” approach toward student discipline increases the likelihood that students will be thrust into the criminal justice system. A second distributional claim is that these adverse consequences disproportionately involve students of color, boys, students from low-income households, and other vulnerable student sub-groups. Both claims implicate important legal and policy dimensions, as students’ adverse interactions with law enforcement agencies typically impose negative consequences on students and their futures. We study both claims using the nation’s leading data set on public school crime and safety, supplemented by data on state-level mandatory reporting requirements and district-level per pupil spending, and explore three distinct analytic approaches in an effort to assess the independent influence of a school’s SRO/police presence on that school’s student discipline reporting behavior. Results from our analyses provide mixed support for the two claims. We find that a school’s SRO/police presence corresponds with an increased likelihood that the school will report student incidents to law enforcement agencies. However, we do not find support in the school-level data for the distributional claim.

111 J. Crim. L. & Criminology 717 (2021).

By Vania Ceccato and Andy Newton

This book offers a comprehensive overview of areas with elevated levels of crime, which we consider ‘risky places.’ These can be facilities, nodes, or paths and can be found everywhere, from small towns to megacities. Crime and fear are examined from the perspective of those who use these places, based on examples from the US, the UK, Sweden, Nigeria, Brazil, China, Australia, and more. Advocating for a systems thinking approach, the book shows what can be learned from risky places and identifies ways to address their inherent problems. The book also assesses current barriers to applying systems thinking and identifies ways to foster interconnected long-term crime prevention strategies that meet the diverse needs of multiple stakeholders. Aimed at academics, students, and professionals in urban planning, criminology, geography, and related fields, this book is a vital resource for those dedicated to creating safer, more inclusive, and sustainable environments.

London; New York: Routledge, 2025. 

By  Elizabeth Monkus, Kaitlyn Filip, Jennifer Won Young Lee, and Hanna Sharif-Kazemi

Since early 2020, Chicago Appleseed Center for Fair Courts and the Chicago Council of Lawyers have been evaluating the Domestic Violence Division of the Circuit Court of Cook County, with a specific focus on the Domestic Violence Courthouse at 555 West Harrison in Chicago. Today, we release our findings in our report, “Slipping through the Cracks” – An Evaluation of Cook County’s Domestic Violence Division in Chicago. The consolidated Domestic Violence Courthouse opened in 2005 at 555 West Harrison in Chicago, in response to growing concerns about crowding, case processing times, and safety concerns with the conditions in the existing court buildings at 1340 South Michigan (for criminal proceedings) and at 28 North Clark Street (for civil proceedings). The consolidated courthouse hears all Orders of Protection cases, both criminal and civil, and was structured to create secure waiting areas with the intent of keeping petitioners and respondents away from each other in the courthouse. In addition to safety goals, the courthouse was intended to improve case efficiency. In 2010, the Circuit Court of Cook County established the Domestic Violence Division to further these goals. Beyond a task force study of the DV Court in 2008 and another more limited study in 2021, both convened by Chief Judge Evans, there has been no comprehensive study of the efficacy of the courthouse. Our report seeks to remedy this.

Background & History

When the Courthouse opened in 2005, there were around 50 dedicated domestic violence courts in the country. By 2010, there were over 200. This growth in domestic violence courts offers an opportunity to examine the successes and failures of Cook County’s courthouse while discovering alternatives to the processes which may improve its functionality. The courts are increasingly called upon to fill in gaps for diminishing social safety resources. This is especially evident in family courts, like those hearing domestic violence issues, and has profound implications for understanding systemic bias. Just as society’s conception of domestic violence has shifted over 50 years, so has our understanding of how poverty and marginalized identities are criminalized and otherwise punished by systems of power. It is incumbent on courts to examine if and how practices support biased systems and seek correction to those practices.  In February 2020, Chicago Appleseed Center for Fair Courts was invited by a group of advocates and attorneys working in the Domestic Violence Division to join them in designing and implementing a court-watching project, given rising concerns over management and culture in the Division. Our goal in doing so was to improve not only access to courts, but the quality and function of justice within those courts.  For this study, Chicago Appleseed and the Council conducted interviews with more than 35 attorneys, non-attorney advocates, community service providers, court staff, and judges between July 2020 and March 2022. These interviewees provided information about their direct experiences in the Domestic Violence Division—in both the branch courts and the Chicago courthouse—as well as about their general experiences serving the needs of both survivors, their families, and perpetrators of harm. Likewise, Chicago Appleseed’s court-watching program deployed volunteers to observe 188 domestic violence cases in the Circuit Court of Cook County February and March of 2022. This qualitative information, along with background research into jurisdictional differences and best practices, provided information for our analysis. Nonetheless, we ran into several limitations in our research, including an inability to access quantitative data on the courts, which meant we could not fully understand things like sociodemographic information of litigants or length/outcome of cases, as well as issues connecting with litigants to interview about their direct experiences in the courthouse. Our findings and recommendations, therefore, are based in the analysis of interviews and observations with reference to background research.

Summary of Findings & Recommendations

Our findings stress that the courthouse is critical infrastructure and the Division is structured in an appropriate manner, but identify four major deficiencies:

1. Systemic racism and sexism, which is evident in the structures and procedures of the Domestic Violence Courthouse;

2. A general disconnect between judges and court staff and the needs of litigants, which is exacerbated by technology and training issues and limited operational capacity;

3. Judicial culture and bias, lack of trauma-informed practice, and the need for training, which severely impacts quality of justice; and

4. Issues with the Clerk of the Court’s Office, which are consistent and pervasive, creating barriers to access for both litigants and attorneys.

Broadly, it appears that the Domestic Violence Division is under-resourced to address these needs and (at least until recently) there has been a cycle of neglect regarding community concerns about the court, which exacerbated these barriers to justice.

 Chicago: Chicago Appleseed Center for Fair Courts and the Chicago Council of Lawyers., 2022.    91p.

By Ben Grunwald

Beginning in 2020, law enforcement experts widely claimed that a surge in police separations triggered a national retention crisis and that political activism after George Floyd's murder was a principal cause. We lack data, however, to track such trends in the national police labor market. Using information from Police Officer Safety and Training (POST) agencies, I construct an Interstate Police Employment Database (IPED) on every job held by every officer in all 6,800 local law enforcement agencies across fifteen states that, together, cover half the U.S. population. I then conduct the largest empirical study of the law enforcement labor market to date. My findings show that the increase in separations in IPED agencies after the summer of 2020 was smaller, later, less sudden, and possibly less pervasive than the retention-crisis narrative suggests. All told, the cumulative impact on the labor force by the end of 2021 was just 1%. Aggregate figures, however, mask variation at the agency level. As I show, a substantial minority of large agencies meaningfully shrank by the end of 2021. I also provide evidence that local political activism cannot explain local separation rates, raising some doubt about whether the protests were a principal cause of rising turnover.

Duke Law School Public Law & Legal Theory Series No. 2024-41

By Nick Cowen

This chapter discusses what crime is, why it provokes government action and the problems of both private and public approaches to crime prevention. For classical liberals, crime is deliberate or reckless harm imposed on persons and their property through violence or deception. Besides violating people’s interests as moral equals, crime weighs heavily on commercial societies as it raises the costs of production, trade, and exchange with strangers. Crime is a significant challenge because it is: a) a disequilibrium phenomenon resulting from an information asymmetry between potential victim and offender; b) imposes externalities on the community that are hard for isolated actors to internalize; c) frequently causes more harm than apprehended offenders could realistically compensate. Private crime prevention strategies use insurance, security, reputation, and bargaining with potential offenders to face this challenge. The success of private crime prevention is often underrated. Nevertheless, only capable states have so far managed to reduce violent crime to low levels by historical standards. State solutions bring their problems as they allow for predation and the imposition of externalities through the ‘legitimate’ political process.  

Forthcoming, 2024.

By Brady United

On February 5, 2019, a group of New Mexico Sheriffs, acting under the umbrella of the New Mexico Sheriffs’ Association (NMSA), surprisingly issued a Declaration opposing common sense gun violence prevention (GVP) bills being considered by the state legislature. These sheriffs pressured local and state politicians to oppose these measures that aim to protect the public safety and lives of New Mexicans. The sheriffs’ effort resulted in 25 counties passing so-called “Second Amendment Sanctuary resolutions,” including resolutions designed to undermine the American system of checks and balances by expressing support for sheriffs who unilaterally announced that they would not enforce such public safety laws. Brady immediately suspected that the gun lobby was behind the effort to encourage these sheriffs to go rogue and not enforce the law. Accordingly, Brady filed requests for documents from each of these sheriffs’ offices under New Mexico’s public records act (IPRA). The documents that Brady has obtained thus far show how the NRA infiltrated the NMSA; the prevalence of conspiracy theories among these sheriffs; their disregard for the American system of checks and balances and the rule of law; and a worrisome dedication to not enforcing laws aimed at protecting the lives and public safety of their own constituents.  

Washington, DC: Brady United Against Gun Violence, 2019. 8p.

By Nancy Lieberman Charities 

  In 2016, the Dallas, Texas, community and its police department faced one of its most brutal days. That summer, a standoff and shooting in downtown Dallas resulted in the deaths of four Dallas Police Department (DPD) officers and a Dallas Area Rapid Transit officer. The lone shooter was motivated by his perceptions of police racism and brutality toward African American people. Barely a week after the shooting, then-chief David Brown called Basketball Hall of Famer Nancy Lieberman to discuss using Dream Courts, a core program of Nancy Lieberman Charities that builds state-of-the-art outdoor basketball courts in underserved areas, as a tool to help heal divisions in the city. The mission of Nancy Lieberman Charities was not originally oriented toward law enforcement. Nancy Lieberman Charities is an education and wellness nonprofit organization focused on assisting underserved youth in the educational field. But as a result of that conversation, we developed our Kids & Cops programming, which has now been deployed in partnership with law enforcement agencies on Dream Courts across the country. The Kids & Cops initiative aims to make basketball more accessible to kids by giving them an inexpensive recreational outlet, a safe place to play, the chance to interact socially, and a path to learning the importance of teamwork and good sportsmanship. It is a sustainable program to help build and strengthen the bond between local officers and their communities. Our goal is for this guide to give law enforcement agencies an alternative perspective on serving the community as a law enforcement agency or agency partner. Nancy Lieberman Charities is not a task force or law enforcement agency—rather, we are an organization with an outside perspective on positive community relationship building.   

Washington, DC: Office of Community Oriented Policing Services.  2023. 24p.

By Steve Kirkwood

Mentoring is an increasingly popular approach for supporting people who have a history of offending. Previous research provides some evidence that it may contribute to reductions in offending behavior and support desistance from crime. The present study analyzed interviews with 33 people who used mentoring services in Scotland to examine the relationships between mentoring, motivation, and desistance. The findings suggest that the offer of mentoring may translate a general desire to change into motivation by providing the means to achieve this change. Mentoring may help people develop ‘hooks for change’ through practical assistance that leads to positive changes and by encouraging people to see the value of such changes. Mentors can also model ways of being that outline possible future selves and services can be structured in pro-social activities that support stakes in conformity. The article contributes to theoretical understandings of motivation and desistance by specifying the interplay of agency and structure.

Criminology & Criminal JusticeVolume 23, Issue 2, April 2023, Pages 183-199

By Frank Rudy Cooper 

There is a new police criticism. Numerous high-profile police killings of unarmed blacks between 2012 and 2016 sparked the movements that came to be known as Black Lives Matter, #SayHerName, and so on. That criticism merges race-based activism with intersectional concerns about violence against women, including trans women. There is also a new police resistance to criticism. It fits within the tradition of the “Blue Wall of Silence,” but also includes a new pro-police movement known as Blue Lives Matter. The Blue Lives Matter movement makes the dubious claim that there is a war on police and counterattacks by calling for making assaults on police hate crimes akin to those addressing attacks on historically oppressed groups. Legal scholarship has not comprehensively considered the impact of the new police criticism on the police. It is especially remiss in attending to the implications of Blue Lives Matter as police resistance to criticism. This Article is the first to do so. This Article illuminates a heretofore unrecognized source of police resistance to criticism by utilizing diversity trainer and New York Times best-selling author Robin DiAngelo’s recent theory of white fragility. “White fragility” captures many whites’ reluctance to discuss ongoing racism, or even that whiteness creates a distinct set of experiences and perspectives. White fragility is based on two myths: the ideas that one could be an unraced and purely neutral individual—false objectivity—and that only evil people perpetuate racial subordination—bad intent theory. Cop fragility is an analogous oversensitivity to criticism that blocks necessary conversations about race and policing. Blue Lives Matter exemplifies false objectivity when it asserts that police should be their judges of what is appropriate in law enforcement. Likewise, Blue Lives Matter relies on bad intent theory when it implies that only a few “bad apples” create racial disparities. Cop fragility is dangerous because it blames the victims of police misconduct, constructs a false victim status for the police, and undermines civil rights. Racial minority communities will only give police the cooperation they need if they perceive the police to be listening to them. This Article’s specific proposal is for police departments to hold mediated listening sessions with the new police critics based on a proven methodology for mediating difficult conversations. The goal is to identify reforms that would rebuild community trust of the police. These listening sessions hold the potential to turn police resistance to criticism into meaningful cooperation 

622 UNIVERSITY OF ILLINOIS LAW REVIEW [Vol. 2020       

By Ben Grunwald

Beginning in 2020, law enforcement experts widely claimed that a surge in police separations triggered a national retention crisis and that political activism after George Floyd's murder was a principal cause. We lack data, however, to track such trends in the national police labor market. Using information from Police Officer Safety and Training (POST) agencies, I constructed an Interstate Police Employment Database (IPED) on every job held by every officer in all 6,800 local law enforcement agencies across fifteen states that, together, cover half the U.S. population. I then conduct the largest empirical study of the law enforcement labor market to date. My findings show that the increase in separations in IPED agencies after the summer of 2020 was smaller, later, less sudden, and possibly less pervasive than the retention-crisis narrative suggests. All told, the cumulative impact on the labor force by the end of 2021 was just 1%. Aggregate figures, however, mask variation at the agency level. As I show, a substantial minority of large agencies meaningfully shrank by the end of 2021. I also provide evidence that local political activism cannot explain local separation rates, raising some doubt about whether the protests were a principal cause of rising turnover.

Duke Law School Public Law & Legal Theory Series No. 2024-41

By Kristi Barksdale and Tully Yount

Since December 2018, the National Sheriffs’ Association (NSA) and the U.S. Department of Justice (DOJ) Office of Community Oriented Policing Services (COPS Office) have been hosting and actively participating in meetings with border sheriffs to discuss their unique needs and challenges. The purpose of these meetings was to provide the NSA, the COPS Office, and other DOJ stakeholders with a better understanding of border security needs and to identify gaps for personnel and equipment, as well as training and technical assistance. More than 130 people participated in three roundtable and focus group discussions. The first meeting, held in December 2018 in Rockwall, Texas, featured a roundtable of Texas sheriffs discussing their need for support and equipment needs, funding opportunities, personnel shortages, and operational control. Promising practices discussed included an introduction to the North Texas Criminal Interdiction Unit (NTXCIU). Continuing the conversations, the NSA and the COPS Office called on the Southwestern Border Sheriffs’ Coalition (SWBSC) to participate in two focus group sessions facilitated by NSA, the COPS Office, and CNA on next steps. The first focus group session took place during the Western State Sheriffs’ Association meeting in Reno, Nevada, and the second, in which the U.S. Department of Homeland Security (DHS) also took part, at the SWBSC annual conference in Del Rio, Texas. They continued the discussion of the DOJ and DHS’s commitment to supporting sheriffs. Federal representatives presented on initiatives and projects being deployed to meet the needs of sheriffs. Throughout these meetings, border sheriffs made it clear that they were facing a number of challenges. Participating sheriffs agreed that they could always use more training and would continue to accept any training opportunities that were made available. They responded well to the NTXCIU presentations where they gained knowledge on basic criminal interdiction and how to build a criminal interdiction unit. Participants also discussed their need for more technology, such as automatic license plate readers and x-ray machines. To allow sheriffs who had not participated in the roundtables an opportunity to voice their needs, the NSA, in coordination with the COPS Office, sent a needs assessment to northern and southwestern border sheriffs to gather a comprehensive list.  

Washington, DC: Office of Community Oriented Policing Services , 2020. 28p.

By The International Association of Chiefs of Police.

Published by the Office of Community Oriented Policing Services (COPS), this publication discusses peer support as an important part of an officer wellness strategy. Employees may feel more comfortable initially seeking support from a peer who understands the context and has experienced the same stressors. This guide provides a road map for small and rural law enforcement agencies implementing or enhancing peer support services. It highlights promising practices and provides brief case studies of peer support programs in three small or rural agencies. Topics include establishing trust and buy-in; identifying, training, and supporting team members and leaders; confidentiality; local and regional partnerships; and evaluation metrics.

Washington, DC: Office of Community Oriented Policing Services. Published 2023 ..32p.

By  Michael Vitoroulis, Cameron McEllhiney, Liana Perez

In the 2010s, viral videos of seemingly routine police encounters depicting tragedy have sent shockwaves through both communities and law enforcement agencies across the country, setting off a national conversation on the relationship communities have with law enforcement. At the national level, these encounters have coincided with reduced public confidence in American policing, particularly among youth and minority populations.  While low levels of trust have existed in certain communities throughout history, the most recent wave of high-profile incidents has prompted widespread calls to meaningfully address issues of community concern, such as officer-involved shootings and excessive force, discriminatory policing, aggressive crime fighting strategies, and accountability for misconduct. Across the nation, law enforcement leaders, academics, and government officials have seemingly reached a consensus that addressing such issues with a focus on public trust and legitimacy is integral to fair and effective public safety in an increasingly diverse nation. The response by governments, law enforcement executives, community groups, and technical advisors to the challenge of mending police-community relations has been significant. In the aftermath of unrest in Ferguson, Missouri, and elsewhere, then President Barack Obama established the Task Force on 21st Century Policing to identify policing practices that promote public safety and build community trust in law enforcement. The Final Report of the President’s Task Force on 21st Century Policing, published in May 2015, offered several recommendations, including many relating to public trust, procedural justice, and legitimacy; accountability and transparency; community policing efforts; and the inclusion of community members in policy development, training programs, and review of force incidents. In addition, the task force’s report recommended that civilian oversight of law enforcement be established in accordance with the needs of the community and input from local law enforcement stakeholders. Civilian oversight of law enforcement can contribute significantly to the implementation and institutionalization of many of the task force’s recommendations and further the development of public trust, legitimacy, cooperation, and collaboration necessary to improve police-community relations and enhance public safety. Community efforts to address the issue of police-community relations increasingly include civilian oversight of law enforcement as a means of building trust. Traditionally, high-profile incidents have spawned the creation of new or strengthened civilian oversight.  However, decision makers in jurisdictions throughout the country are increasingly establishing civilian oversight proactively in recognition of its ability to promote public trust in law enforcement and reduce exposure to the risks of misconduct. At its core, civilian oversight can be broadly defined as the independent, external, and ongoing review of a law enforcement agency and its operations by individuals outside of the law enforcement agency being overseen. Civilian oversight may entail, but is not limited to, the independent investigation of complaints alleging officer misconduct, auditing or monitoring various aspects of the overseen law enforcement agency, analyzing patterns or trends in activity, issuing public reports, and issuing recommendations on discipline, training, policies, and procedures. Taken together, these functions can promote greater law enforcement accountability, increased transparency, positive organizational change, and improved responsiveness to community needs and concerns. By acting as an independent and neutral body reviewing the work of the law enforcement agency and its sworn staff, civilian oversight of law enforcement offers a unique element of legitimacy that internal accountability and review mechanisms simply cannot. Because civilian oversight agencies operate outside of the overseen law enforcement agency, and report to local stakeholders outside of its chain of command, the findings and reports of an oversight agency are free from the real or perceived biases that are often the source of mistrust in a law enforcement agency’s internal systems. Similarly, a civilian oversight agency’s impartiality, neutrality, and adherence to findings of fact can alleviate officer skepticism in internal systems and bolster procedural fairness within the law enforcement agency as a whole. The organizational structure and authority of civilian oversight agencies in the United States varies widely. While civilian oversight agencies can be broadly categorized into review-focused, investigation-focused, or auditor/monitor-focused models, no two oversight agencies are exactly alike. There is no one-size-fits-all approach that makes one form of civilian oversight better than another.6 Effective civilian oversight systems will reflect the particular needs of their local partners and incorporate feedback from community members, law enforcement and their unions, and government stakeholders in order to achieve the most sustainable and appropriate structure. As the field of civilian oversight grows in sophistication, many cities are combining various aspects of traditional oversight models to produce “hybrid” forms best suited for their local context. 

While the establishment of civilian oversight alone cannot restore law enforcement’s legitimacy, it is difficult, if not impossible, to maintain public trust without it. As such, developing effective and adequately resourced civilian oversight is among the several strategies that must be employed to rebuild community relations with law enforcement. This report is intended to provide the reader with the information necessary to better understand civilian oversight, its principles, and its history; discuss effective practices; and guide communities in the establishment of sustainable civilian oversight mechanisms. The first half of this report provides a brief overview of the history of civilian oversight, the features of traditional oversight models, and original insights on trends and developments on the current state of the field. This includes information on the geography of civilian oversight, patterns in oversight agency functions and authority, oversight staffing and resourcing, oversight agency access to department records and information, and developments in community outreach functions performed by oversight agencies across the country. This information is intended to fill existing gaps in the literature on civilian oversight and provide stakeholders with a broader understanding of the contemporary civilian oversight landscape. The second half of this report focuses on the principles that underlie effective civilian oversight and the recommended practices that bolster an oversight agency’s ability to adhere to these principles. In total, this report offers 73 recommendations across 16 core areas of civilian oversight, such as independence, access to information, processing and managing complaints, analyzing law enforcement policies and data, issuing public reports, evaluating a civilian oversight agency, and performing community outreach. These recommendations have been developed with input from seasoned oversight professionals throughout the country and include commentary as well as additional references that can assist in their implementation. While these recommendations do not cover all aspects of civilian oversight, stakeholders should take them into consideration and determine their propriety in their local contexts. As a whole, this report is one of many ongoing efforts to expand and improve civilian oversight of law enforcement throughout the country. Moving forward, additional research and resources from a variety of sources are still necessary to develop further guidance and understanding of this rapidly growing and evolving field.    

Washington, DC: Office of Community Oriented Policing Services, 2021. 176p.