States should introduce laws that require an outside agency to conduct independent criminal investigations into police use-of-force incidents that result in death or injury in order to build public trust, the Justice Department (DOJ) recommended in a newly released report.
The resulting report, issued on Dec. 22, provided 10 overarching proposals for change that addressed areas such as fostering respect for the rule of law, alleviating the impact of social problems, crime reduction, and the health and well-being of officers.
The commission’s recommendations include requiring law enforcement agencies to have well-documented protocols for conducting investigations of alleged officer misconduct and any uses of force; educating the community on their use-of-force policies; and using external agencies to conduct criminal investigations of use-of-force incidents that result in death or serious bodily injury.
“When incidents of police use of force occur that result in death or serious injury, it is imperative that both prosecutor and law enforcement officers have transparent and effective protocols for handling such an event.”
Attorney General William Barr, who will be stepping down from his post before Christmas, and Deputy Attorney General Jeffrey Rosen, who will act in Barr’s position, have both condemned such prosecutors, saying that their decisions present a threat to public safety.
The phenomenon was addressed in the report, which found that the “categorical non-enforcement of certain laws―be it resisting arrest, petty theft, or certain drug crimes―imperils the rule of law and only exacerbates disrespect for law enforcement.”
It recommended that progressive DAs publicly share their non-enforcement policies to ensure transparency.
“The public deserves to know if and when prosecutors forego that discretion completely by refusing to enforce valid laws enacted by the people,” the report states.
“Given that categorical non-enforcement of a law is tantamount to its abolition, transparency and accountability demand that prosecutor’s offices publicly share written guidelines for non-enforcement priorities that correspond with community crime data and proven strategies for reducing crime.”
The report also urges state officials to provide oversight over progressive prosecutors by “conducting hearings and issuing reports to the public about the impact of those policies.”
“Where necessary, legislators should take legal action to prevent such policies from harming public safety,” the report states.
Other key recommendations include urging Congress to pass legislation to allow court-ordered access by law enforcement to encrypted data held on devices such as cellphones; and the need for a national law enforcement crisis hotline.
“We could not have foreseen the challenges 2020 would present when we set out to accomplish our goal of researching important current issues facing law enforcement and the criminal justice system. Yet despite these challenges, the commission produced a thoughtful and comprehensive report,” Barr said.