Police Accountability Measures

Police Accountability Measures

June 11, 2020
Police Accountability Measures
A series of high-profile deaths of people of color at the
to collect and report these data and they might not be aware
hands of law enforcement personnel have generated interest
of all applicable deaths that occur in the state.
among policymakers about what steps could be taken to
promote police accountability. In the wake of these high-
Independent Investigations of the Use of
profile deaths, policymakers have shown increased interest
Excessive Force
in considering legislation that would promote police
Concerns about whether law enforcement agencies and
accountability for the use of excessive force. The 21st
local prosecutors can properly investigate allegations of the
Century Policing Task Force (Task Force), established by
use of excessive force by their own officers have generated
Executive Order 13684 in 2015 in response to a number of
calls for mechanisms for independent investigations of
serious incidents between law enforcement and members of
these cases. The Task Force recommended that law
the communities they serve, recommended a series of
enforcement agencies have use of force policies that include
actions that would help law enforcement agencies establish
a mandate for the independent investigation of allegations
a culture of transparency and accountability in order to
of use of force by police officers that result in death, police-
build public trust and legitimacy. This In Focus provides an
involved shootings resulting in injury or death, and in-
overview of some frequently proposed measures, many of
custody deaths. The Task Force recommended that
which were recommended by the Task Force, that
jurisdictions either create a multi-agency investigatory body
policymakers could consider if they move forward with
comprised of state and local investigators or establish laws
legislation to promote accountability in policing.
or policies for referring investigations to neighboring
jurisdictions or to the next highest levels of government as a
Data on Use of Force
means of promoting independent investigations of police
Collecting and analyzing data on the use of force by police
use of force.
officers may enhance transparency, improve police-
community relations, and promote accountability. The
A former member of the Los Angeles Inspector General’s
Department of Justice (DOJ) is currently collecting data on
Office, in a April 2015 commentary for the Harvard Law
arrest-related deaths through implementation of the Death
Review, argued for legislatures to establish independent
in Custody Reporting Act of 2013 (DCRA, P.L. 113-242).
agencies that would investigate allegations of the use of
The act requires states to submit data to DOJ regarding the
excessive force. He argues that for these agencies to be
death of any person who is detained; under arrest; in the
effective, they must have the ability to investigate potential
process of being arrested; en route to be incarcerated; or
criminal wrongdoing by police officers and to make
incarcerated at a municipal or county jail, a state prison, a
recommendations that are then evaluated by special
state-run boot camp prison, a boot camp prison that is
prosecutors. He says these agencies should be open and
contracted out by the state, any state or local contract
transparent, and independent of other law enforcement
facility, or any other local or state correctional facility
agencies, but have unrestricted access to police officers and
(including juvenile facilities). States face up to a 10%
agency records. He also argues that the agencies must be
reduction in their funding under the Edward Byrne
adequately funded, have the power to issue subpoenas and
Memorial Justice Assistance Grant (JAG) program if they
conduct search warrants, and a have well-defined
do not participate in this effort.
jurisdictions and mandates.
The Federal Bureau of Investigation (FBI) is also collecting
Early Warning Systems
data on use of force incidents that result in the death or
Early warning systems (EWSs) are management tools for
serious bodily injury of a person or when a police officer
identifying police officers with possible behavioral
discharges a firearm at or in the direction of a person. The
problems before they “slip through the cracks.” EWSs have
FBI launched the program on January 1, 2019, but has yet
three key components: (1) identifying officers whose
to release any data collected through it. While the FBI is
behavior appears problematic; (2) intervening, through
working with other national law enforcement organizations
counseling or training, to correct the problematic behavior;
to encourage law enforcement agencies to submit data,
and (3) following up with the officer who is the subject of
participation in the program is voluntary.
an intervention. EWSs are not meant to punish officers for
misconduct, but rather to allow for proactive management
The Office of the Inspector General (OIG) for DOJ believes
and administrative interventions―such as training,
that data collected under these two programs are
counseling by supervisors, or referral to professional
duplicative. The OIG has also raised concerns that the
counselors―before serious problems arise. According to
methodology used by DOJ to collect DCRA data might
DOJ, EWSs are common features of consent decrees that
undercount arrest-related deaths because it relies on states
the department enters into with law enforcement agencies to
reform their policing practices.
https://crsreports.congress.gov

Police Accountability Measures
Officers in need of possible intervention are identified using
way to increase police accountability. The Bureau of Justice
different criteria, including use of force reports, citizen
Statistics reported that in 2016, nearly half (47.4%) of
complaints, high-speed pursuit reports, preventable damage
police departments and sheriffs’ offices had acquired
to agency vehicles, and involvement in civil litigation. The
BWCs and a similar proportion (44.7%) had some BWCs in
numbers of events and time frames used to identify officers
service.
in need of intervention (e.g., three use of force reports in 12
months) vary from system to system.
A 2019 meta-analysis reviewed the findings of 70 studies of
BWC programs. The researchers noted that while early
In many cases, a performance review or counseling session
studies suggested that BWCs decreased the use of force by
serves as the first level of intervention. Officers can be
police officers, more-recent studies have found mixed
required to attend specialized training courses. EWSs also
results, though this could be the result of differences in
indicate to supervisors that their actions are subject to
agencies’ policies about when officers have to use their
scrutiny and that they have a responsibility to monitor their
cameras (e.g., BWCs might have less effects on the use of
officers’ behavior. However, some have argued that EWSs
force if officers have discretion about when they can turn
are only effective if agencies have a culture of
off their cameras). Research suggests that BWCs reduce
accountability. Generating lists of potential problem
complaints against officers, but questions remain “as to
officers and conducting interventions with them would
whether and to what degree these changes reflect citizens’
arguably be for naught if officers are not held accountable
reporting behaviors or improvements in officers’ behavior
for continued misconduct.
or their interactions with citizens.”
National Decertification Index
From FY2016 to FY2020, Congress appropriated $112.5
Media accounts of police officers who have been fired from
million for a grant program under DOJ to help law
a law enforcement position in one city due to misconduct
enforcement agencies purchase BWCs. While Congress has
only to find work as a police officer in another city have
provided funding to help law enforcement agencies
raised interest in what can be done to prevent what some
purchase BWCs, there is not a formal authorization for this
call “wandering officers.” Utilizing the National
grant program.
Decertification Index (NDI) might be one avenue to address
this issue. NDI is a database operated by the International
Civilian Review Boards
Association of Directors of Law Enforcement Standards
Civilian Review Boards review complaints against officers
and Training (IADLEST) that contains information on
and issue recommendations on disciplinary actions. The
police officers who have had their certifications to serve as
U.S. Commission on Civil Rights, in its 2018 report on the
a police officer revoked. NDI data are submitted by a
use of force by police, observes that “many policing experts
state’s Peace Officer Standards and Training (POST)
advocate for these boards, believing that they can help
Commission or a similar body. NDI is a “pointer system”
foster police accountability through their independent
and does not contain information about a specific officer or
authority to investigate and audit departments facing
the actions leading to decertification. NDI only refers the
allegations of abuse, including unconstitutional use of
querying agency to the holder of the appropriate record.
force, unauthorized detentions or arrests, or racial
profiling.” Research generally indicates that effective
Officer decertification standards vary by state. In some
civilian review boards have the following elements:
states, officers can only be decertified if they are convicted
of a felony, whereas in other states officers can be
 the authority to investigate or review complaints from
decertified for misconduct that does not constitute a crime
the public on unconstitutional actions by the police;
(e.g., using alcohol while on duty). Also, participation in
NDI is voluntary: federal law does not require POST
 the ability to conduct regular, independent investigations
commissions to submit data on decertified officers or hiring
and audits of internal complaints against officers and a
agencies to search it before making hiring decisions. The
department’s disciplinary process;
Task Force recommended expanding NDI so it could serve
as a national registry of decertified officers. The Task Force
 the power to require witnesses to appear and compel
noted, “currently the criteria for reporting an action on an
cooperation from police departments and individual
officer is determined by each POST independently, as is the
officers;
granting of read-only access to hiring departments to use as
part of their pre-hire screening process. Expanding this
 the authority to require police agencies to provide
system to ensure national and standardized reporting would
information on action taken in individual cases, with
assist in ensuring that officers who have lost their
reasons for inaction;
certification for misconduct are not easily hired in other
jurisdictions.”
 the authority to review and make recommendations on
policy and training; and
Body-Worn Cameras
Body-worn cameras (BWCs) are mobile cameras that allow
 the provision of detailed public reports on the board’s
law enforcement officers to record what they see and hear.
investigations and actions.
They can be attached to a helmet, a pair of glasses, or an
officer’s shirt or badge. BWCs are viewed as a potential
Nathan James, Analyst in Crime Policy
remedy for resolving issues of community trust and as a
IF11572
https://crsreports.congress.gov

Police Accountability Measures

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permissio n of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11572 · VERSION 1 · NEW