Articles
‘Hands Up, Don't Shoot': Police Reform in the US
Police shootings of unarmed African Americans have increased demands for sweeping reforms in police departments across the US. However, several obstacles have resulted in piecemeal reforms that are unlikely to ease tensions between minority communities and police, writes Lara Sierra-Rubia.
9 August 2015 marked the one-year anniversary of the police shooting of Michael Brown in Ferguson, Missouri, a case that brought the issues of racial profiling and the use of excessive force by the US law enforcement agencies to the fore. The Brown shooting was not an isolated case, however, as police have killed at least 55 unarmed African Americans since July 2014. These incidents have driven the #BlackLivesMatter protest movement, characterised by the ‘Hands Up, Don’t Shoot’ slogan, which has resulted in violent protests across the country. The steady stream of highly publicised police shootings has fractured community-police relations, particularly among ethnic minorities. A recent 2015 Ipsos poll showed that only 28 percent of African American respondents trust police to be fair and just, compared to 61 percent of white respondents. Although police violence against minorities has been a long-standing issue in the US, Brown’s death and the violent police response to the ensuing Ferguson protests have acted as catalysts for a national conversation on police reform.
As a result of growing public pressure, President Barack Obama has created the President’s Task Force on 21st Century Policing, which is mandated with investigating reforms in the US police force. The commission’s final report included numerous recommendations for local law-enforcement agencies aimed at repairing the mistrust between police officers and minorities. In particular, the commission called for better training of the police, more communication among the relevant agencies, increased community involvement in policing, and improved reporting of excessive force incidents. So far, 24 states have passed approximately 40 measures addressing the use of force and racial profiling within their police forces. One of the most prominent proposals has been to increase the use of on-body cameras. President Obama set aside USD 263 million for the initiative, which has gained some momentum. Before 2015, only four states had body camera laws, yet by July 2015, at least 34 states were considering such legislation. Across the country, California has arguably been the most proactive in adopting reforms, with a bill signed in August 2015 barring prosecutors from convening secret grand juries to investigate claims of police brutality. California’s reforms also include the Right to Record Act, which clarifies civilians’ right to videotape and photograph police officers in public.
Despite these successes, significant obstacles to transformation remain. A clear lack of political will, coupled with bureaucratic delays, have precluded police reform bills from being passed. While at least 19 states have proposed 50 bills regarding racial bias training for officers; aside from Colorado, none of these bills have been passed. Because federal reforms are limited by the fact that police forces are largely governed by state and local laws, most reforms have been piecemeal with federal intervention in local police departments occurring on a case-by-case basis only. This uneven approach has yielded uneven results.
Limited resources have posed another constraint. While pilot studies in the US have shown body cameras to be effective, uncertainties remain about procedure, public records access and the expense of storing, reviewing and releasing footage. In addition, the Department of Justice does not have the budget to conduct investigations into all law enforcement agencies in the US and there is currently no standard or policy for collecting and comparing data on police use of force. Even though states are in the process of developing policies to develop more robust reporting measures, collecting comparable data on a national level is a long-term project.
Finally, institutional and cultural factors have hindered reform. The symbiotic and historical working relationship between police and prosecutors presents a significant challenge. Prosecutors have little incentive to doubt the police version of events, as they rely on the support of the police during elections and to secure prosecutions. Opaque checklists on the legitimate use of force by police further compound uncertainty over accountability where fearing for one’s life and a perpetrator reaching for his/her waistband are frequently cited as justifiable reasons for the use of force.
As holders of the purse strings, Congress can provide local agencies with a strong foundation for transformation. However, with over 18,000 police departments across the country, a solution for one department may not be effective for another. As a result, while funding from Congress can help facilitate change, it is not an end in itself. Meaningful reform requires a sustained and nuanced effort at a local level to create a cultural shift in policing that is necessary to restore public trust and legitimacy. Without such change, further shootings by police will continue to fuel the #Blacklivesmatter protest movement and public animosity towards US law enforcement.
Without change at the local level, further shootings by police will continue to fuel the #Blacklivesmatter protest movement and public animosity towards US law enforcement.
