THREAD
1/ All police departments in America are legally required to uphold the constitutional rights of the people they serve. We have seen too many violations to tolerate. How can we improve?
1/ All police departments in America are legally required to uphold the constitutional rights of the people they serve. We have seen too many violations to tolerate. How can we improve?
2/ Sometimes individual officers violate their duty. A willful violation of constitutional rights is a crime, but Congress has set the bar so high as to make convictions rare.
3/ As @VanitaGuptaCR has pointed out, after 1992 Rodney King beating, Congress passed 42 USC 14141, allowing DOJ to sue police depts for unconstitutional “patterns or practices.” More here m.huffpost.com/us/entry/us_5e…
4/ At Detroit US Atty's Office, we handled such a case with the @DetroitPolice Department regarding conditions of confinement, arrest of material witnesses without probable cause, and use of excessive force.
5/ AUSA, now Judge, Judith Levy led the reform effort, resulting in changes to policy, training, management and oversight. DPD Chief James Craig will tell you that the Dept is stronger and more effective today as a result of that process.
6/ Under AGs Sessions and Barr, DOJ has cut back on this enforcement. Barr has even said communities that don’t show appropriate respect for law enforcement “might find themselves without the police protection they need.” This is a terrible message that undermines essential trust
7/ We can do better. I don’t have all the answers, but here are some modest suggestions. First, we must vigilantly pursue criminal cases against police officers who willfully violate constitutional rights, such as those who killed #GeorgeFloyd. This case easily meets the high bar
8/ Second, we should consider changing the criminal civil rights statute, 18 USC 242, from requiring “willful” intent to “knowing” or "reckless," so as to improve accountability.
9/ Third, we need to reinvigorate civil enforcement under 14141 to eliminate unconstitutional department-wide police practices. DOJ's COPS office can be used to provide technical assistance to help departments achieve compliance.
10/ Fourth, we should implement guidance from Pres Obama’s 21 Century Policing Task Force. cops.usdoj.gov/pdf/taskforce/… Recommendations cover building trust, oversight, technology, community policing, crime reduction, training, and officer wellness and safety.
11/ Fifth, we need to promote, protect, and pay good police officers so that they can protect the most vulnerable members of society. Without police, those who are physically, financially, and politically powerful will prey on the rest of us.
12/ Finally, we need leadership in our country to emphasize our shared values of equal justice under law. Our president has failed. We can’t make any of these changes without leadership from the top. It is a long march, but we need to keep moving toward a more perfect union. END.
