The New World of Police Accountability

Samuel Walker is Professor Emeritus at the University of Nebraska at Omaha, where he taught for 31 years. He holds a B.A. from the University of Michigan and a Ph.D. from The Ohio State University. Sam is the author of 14 books, which have appeared in 39 different editions over the years. His most important books include Sense and Nonsense About Crime, Drugs, and Community (8th ed., 2018), The Police In America: An Introduction, with Charles M. Katz (9th ed., 2018), Police Accountability: The Role of Citizen Oversight (2001), and In Defense of American Liberties: A History of the ACLU (1990). He is also the author of several reports, including Early Intervention Systems for Law Enforcement Agencies (2003), and Mediating Citizen Complaints Against Police Officers: A Guide for Police And Community Leaders (2002). Over the years, Sam has engaged in numerous speaking and consulting activities with federal agencies, local police, community groups, and private professional associations. He is presently an Advisor to the American Law Institute, Principles of Police Investigations Project. He testified before the President’s Task Force on 21st Century Policing (2015) and the U.S. Commission on Civil Rights (2015). In 2013 he was an expert witness for the Plaintiffs in Floyd v. New York City, a challenge to the stop and frisk program of the New York City Police Department. He has consulted with police departments and/or mayor’s committees in Albuquerque, Austin, Boise, Boston, Charlotte, Chicago, Cleveland, Kansas City, King County (WA), Los Angeles, Madison, Minneapolis, the New Jersey State Police, Oakland, Pasadena, Phoenix, Portland (OR), Reno, St. Louis, San Diego, Seattle, and other cities. He has spoken to and/or consulted with community groups in Ashland (OR), Baltimore, Biloxi, Boston, Chicago, Chico. Cincinnati, Des Moines, Los Angeles, North Charleston (SC), Omaha, Pasadena, Rochester (NY), San Francisco, Seattle, San Juan (PR), Washington, DC, and other communities. Carol A. Archbold is a Walter F. and Verna Gehrts Endowed Professor at North Dakota State University in the Department of Criminal Justice and Political Science in Fargo, North Dakota. She earned her PhD from the University of Nebraska–Omaha in 2002. Her research interests include police accountability and liability, police misconduct, women in policing, and police and race issues. She has published articles in such journals as Police Quarterly, Policing: An International Journal of Police Strategies and Management, Journal of Criminal Justice, and the Journal of Crime and Justice. In 2004, Dr. Archbold published a book based on the first national study of the use of risk management in law enforcement in the United States, Police Accountability, Risk Management and Legal Advising (LFB Scholarly Publishing). This study was the focus of her dissertation. In 2011, she was one of three authors of a reader, Women and Policing in America: Classic and Contemporary Readings (Wolter Kluwers/Aspen Publishing). In 2012, Dr. Archbold authored “Policing: A Text/Reader” for SAGE Publications. She was also co-author of the second edition of “The New World of Police Accountability” with Dr. Samuel Walker in 2014. She is currently working on a national study of police accountability in rural law enforcement agencies, and will be the author of “Policing: The Essentials” textbook (with contributions by Dr. Carol Huynh and Dr. Thomas Mrozla) published by SAGE Publications in 2020.

Preface
Acknowledgments
About the Authors
PART I: INTRODUCTION TO THE NEW POLICE ACCOUNTABILITY
1.A National Police Crisis
Ferguson 2014: The Shooting of Michael Brown
A National Police Crisis
The New Conversation About Policing and Police Reform
The Challenge of Police Accountability
A Definition of Police Accountability
PTSR: A Framework for Accountability
Basic Themes in the New Police Accountability
The Challenge Ahead: Reasons for Hope, Reasons for Caution
2.The Accomplishments and Limits of Traditional Police Reforms
Introduction
The Police Professionalization Movement
The Courts and Police Reform
Legislative and Related Strategies for Police Reform
Conclusion: The Lessons of Past Reforms
PART II: THE ELEMENTS OF THE NEW POLICE ACCOUNTABILITY
3.The “Heart Of The Matter”: Controlling Police Officer Use of Force
Introduction
Administrative Rulemaking: The Basic Model for Controlling Officer Conduct
Controlling Police Use of Deadly Force
Police Use of Less Lethal Force
Controlling Police Use of Physical Force
The Reporting and Investigation of Use of Force
De-Escalation as a Strategy for Limiting Use of Force
How Accountability-related Reforms Can Transform the Police Subculture
Conclusion
4.Controlling Critical Incidents
Introduction
Controlling Pedestrian Stops and Frisks
“Driving While Black”: Traffic Stops and the Racial Profiling Controversy
Vehicle Pursuits: Reducing the Risks
Officer Foot Pursuits: Reducing the Risks
The Deployment of Canines: Reducing the Harms
Reducing Gender-Related Bias in Policing
Responding to Mental Health–Related Incidents
Achieving Bias-Free Policing
Ensuring Officer Integrity
Ensuring Officer Wellness
Guaranteeing People’s First Amendment Rights
Conclusion
5.Public Complaints and Police Accountability
Introduction
A Short History of Public Complaints, Internal Affairs Units, and Public Oversight
Basic Issues of Complaints and Complaint Investigations
The Public Complaint Process
Accepting, Recording, Screening, and Classifying Complaints
Investigating Complaints
The Disposition of Complaints
Ensuring the Quality of the Complaint Process
Staffing and Managing the Complaint Process
Evaluating the Complaint Process
Conclusion
6.Early Intervention Systems
Introduction
The Background and Development of the EIS Concept
Basic Issues in Early Intervention Systems
The Basic Requirements for an EIS
The Components of an EIS
The Challenge of Implementing an Early Intervention System
Impacts of an Early Intervention System
The Effectiveness of Early Intervention Systems
The Experiences and Perceptions of EIS Police Managers
Conclusion
7. External Review of the Police
Introduction
Basic Features of Police Auditors and Inspectors General
The Work of the Inspector General for the NYPD
The San Jose Independent Police Auditor
The Los Angeles Police Commission and Inspector General
The Washington, DC, Office of Police Complaints
A Lost Agency: The Special Counsel to the Los Angeles Sheriff’s Department
Blue-Ribbon Commissions
The Strengths and Limits of External Review
Another Lost Program: The Collaborative Reform Initiative
Conclusion
PART III: CONTEMPORARY ISSUES IN ACCOUNTABILITY
8.Increasing Accountability with Risk Management
What is Risk Management?
Risk Management, Police Liability, and Accountability
Early Intervention Systems and Risk Management
The Prevalence of Risk Management in American Policing
Research on Risk Management in Policing
Barriers to the Implementation of Risk Management
Overcoming Barriers to Implementation: The Case of Risk Management in Medicine
Innovative Risk Management in Risk Management in Medicine: The Checklist
Checklists and Policing: Could it Work?
Legalized Accountability and Police Reform
Insurance Companies as Accountability Agents
Looking Ahead: The Future of Risk Management in Policing
9.Police Accountability and Technology
Introduction
Video-Recording Devices Used by the Public
Using Apps to Report Police Misconduct
Video-Recording Devices Used by the Police
Compliance With Body-Worn Camera Activation Policies
Perceptions of Police Body Cameras
Using Social Media to Inform the Public of Police Misconduct
Increasing Police Accountability with Open Data
The Future of Technology and Police Accountability
PART IV: THE FUTURE OF POLICE ACCOUNTABILITY
10.The Future of Police Accountability
The National Police Crisis and its Impact
Progress: “Best Practices” Today
Threats to the Future of Police Accountability
Final Thoughts
Index