The year 2020 was clearly an extremely challenging time for communities and law enforcement agencies throughout the United States. High-profile use-of-force incidents led to days of protests; civil unrest; and, tragically, further violence, destruction, and death. Unfortunately, these protests have, in far too many communities, further widened the gap between police agencies and their communities.
Of course, the events of 2020 are not the only factors that have led to this estrangement between police officers and their communities. Historically, there have been times when police officers, because of the laws enacted by federal, state, and local governments, have been the face of oppression to far too many of our fellow citizens. In the past, the laws adopted by our society have required police officers to perform many unpalatable tasks, such as ensuring legalized discrimination or even denying the basic rights of citizenship to many of our fellow Americans. Unsurprisingly, this history has created a generational, almost inherited gulf of mistrust between many communities of color and their law enforcement agencies. Many officers who do not share this common heritage struggle to comprehend the reasons behind this historic mistrust. As a result, many officers often find it difficult to bridge this gap and connect with their communities.
So, the challenge confronting our communities and our agencies is how to effectively move forward together to build a shared understanding and identify common solutions to better protect our communities.
Although it may be difficult to recognize right now, policing has made significant advancements in recent years. Police leaders have acknowledged—and some have even apologized for—the misdeeds of the past and have sought out community partners to build a better future. Agencies have worked hard to increase transparency, revise policies to enhance procedural justice, recruit and hire officers who reflect the communities they serve, reduce use-of-force incidents, and focus on eliminating police cultures that prevent officers from holding each other accountable.
Despite these advances, there is more work ahead. Police leaders are embracing the concerns and criticism and reexamining their policies and approaches. They are committed to working tirelessly to earn and keep the trust of communities. Change will require both dedicated resources and an enduring commitment from police leaders, community members, and elected officials.
Additionally, it is important to recognize that the issues in our criminal justice system extend well beyond the behavior of police. Over the years, reductions in federal, state, and local budgets have slashed funding for mental health support, homelessness, untreated substance abuse and recovery services, offender reentry programs, educational and vocational training, and programs that promote economic improvement.
By default, police agencies have been required to fill the voids created by these funding cuts. The lack of access to mental health services means that the police are often the only ones left to call. Although agencies are working to train officers in crisis intervention or mental health first aid, this does not take the place of proper medical treatment.
At the same time, while policing is the focus, community members and elected officials must realize they play a crucial role in moving constructive efforts forward. Collectively, we must be willing to listen and discuss the realities of policing, identify meaningful solutions, and understand that police officers have literally dedicated their lives to protecting their communities.
To that end, there are several steps that law enforcement agencies, community leaders, and elected officials should be engaged in. These changes would impact both the culture of policing and the laws and regulations that govern police operations. They include:
1. Adoption of National Consensus Use of Force Policy
All police agencies should adopt the National Consensus Use of Force Policy (Consensus Policy) developed by a broad coalition of law enforcement leadership and labor organizations, including the International Association of Chiefs of Police, the Fraternal Order of Police (FOP), the National Organization of Black Law Enforcement Executives (NOBLE), and others.
The Consensus Policy makes it clear that it is the policy of law enforcement agencies to value and preserve human life and that they should develop policies and training practices that focus on de-escalation and the application of force only when necessary.
In addition, the Consensus Policy states:
- Officers shall use force only when no reasonably effective alternative appears to exist and shall use only the level of force that a reasonably prudent officer would use under the same or similar circumstances.
- Officers shall use only the force that is objectively reasonable to effectively bring an incident under control while protecting the safety of the officer and others.
- Use of physical force should be discontinued when resistance ceases or when the incident is under control.
- Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, or another person or property damage. In these situations, only the minimal amount of force necessary to control the situation shall be used.
- Once the scene is safe, and as soon as practical, an officer shall provide appropriate medical care consistent with his or her training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility.
- An officer has a duty to intervene to prevent or stop the use of excessive force by another officer when it is safe and reasonable to do so.
- All uses of force shall be documented and investigated.