United States Department of Justice Civil Rights Division Investigation of the Ferguson Police Department - Practices Violate the Law and Undermine Community Trust, Especially Among African Americans

United States Department of Justice Civil Rights Division Investigation of the Ferguson Police Department - Practices Violate the Law and Undermine Community Trust, Especially Among African Americans

Author: U. S. Government

Publisher: CreateSpace

Published: 2015-03-05

Total Pages: 106

ISBN-13: 9781508748908

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The Civil Rights Division of the United States Department of Justice opened its investigation of the Ferguson Police Department ("FPD") on September 4, 2014. This investigation has revealed a pattern or practice of unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and Fourteenth Amendments to the United States Constitution, and federal statutory law. Ferguson's law enforcement practices are shaped by the City's focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson's police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson's police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson's own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discriminatory intent is part of the reason for these disparities. Over time, Ferguson's police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular. I. REPORT SUMMARY * II. BACKGROUND * III. FERGUSON LAW ENFORCEMENT EFFORTS ARE FOCUSED ON GENERATING REVENUE * IV. FERGUSON LAW ENFORCEMENT PRACTICES VIOLATE THE LAW AND UNDERMINE COMMUNITY TRUST, ESPECIALLY AMONG AFRICAN AMERICANS * A. Ferguson's Police Practices * 1. FPD Engages in a Pattern of Unconstitutional Stops and Arrests in Violation of the Fourth Amendment * 2. FPD Engages in a Pattern of First Amendment Violations * 3. FPD Engages in a Pattern of Excessive Force in Violation of the Fourth Amendment * B. Ferguson's Municipal Court Practices * 1. Court Practices Impose Substantial and Unnecessary Barriers to the Challenge or Resolution of Municipal Code Violations * 2. The Court Imposes Unduly Harsh Penalties for Missed Payments or Appearances * C. Ferguson Law Enforcement Practices Disproportionately Harm Ferguson's African-American Residents and Are Driven in Part by Racial Bias * 1. Ferguson's Law Enforcement Actions Impose a Disparate Impact on African Americans that Violates Federal Law * 2. Ferguson's Law Enforcement Practices Are Motivated in Part by Discriminatory Intent in Violation of the Fourteenth Amendment and Other Federal Laws * D. Ferguson Law Enforcement Practices Erode Community Trust, Especially Among Ferguson's African-American Residents, and Make Policing Less Effective, More Difficult, and Less Safe * 1. Ferguson's Unlawful Police and Court Practices Have Led to Distrust and Resentment Among Many in Ferguson * 2. FPD's Exercise of Discretion, Even When Lawful, Often Undermines Community Trust and Public Safety * 3. FPD's Failure to Respond to Complaints of Officer Misconduct Further Erodes Community Trust * 4. FPD's Lack of Community Engagement Increases the Likelihood of Discriminatory Policing and Damages Public Trust * 5. Ferguson's Lack of a Diverse Police Force Further Undermines Community Trust * V. CHANGES NECESSARY TO REMEDY FERGUSON'S UNLAWFUL LAW ENFORCEMENT PRACTICES AND REPAIR COMMUNITY TRUST * VI. CONCLUSION * FOOTNOTES


The Ferguson Report

The Ferguson Report

Author: United States Department of Justice Civil Rights Division

Publisher: New Press, The

Published: 2015-06-23

Total Pages: 194

ISBN-13: 1620971658

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On August 9, 2014, Michael Brown, an unarmed African American high school senior, was shot by Officer Darren Wilson in Ferguson, Missouri. For months afterward, protestors took to the streets demanding justice, testifying to the racist and exploitative police department and court system, and connecting the shooting of Brown with the deaths of Trayvon Martin, Eric Garner, and other young black men at the hands of police across the country. In the wake of these protests, the Department of Justice launched a six-month investigation, resulting in a report that Colorlines characterizes as "so caustic it reads like an Onion article" and laying bare what the Huffington Post calls "a totalizing police regime beyond any of Kafka's ghastliest nightmares." Among the report's findings are that the Ferguson Police Department "Engages in a Pattern of Unconstitutional Stops and Arrests in Violation of the Fourth Amendment," "Detain[s] People Without Reasonable Suspicion and Arrest[s] People Without Probable Cause," "Engages in a Pattern of First Amendment Violations," "Engages in a Pattern of Excessive Force," and "Erode[s] Community Trust, Especially Among Ferguson's African-American Residents." Contextualized here in a substantial introduction by renowned legal scholar and former NAACP Legal Defense and Educational Fund president Theodore M. Shaw, The Ferguson Report is a sad, sobering, and important document, providing a snapshot of American law enforcement at the start of the twenty-first century, with resonance far beyond one small town in Missouri.


Charleston Syllabus

Charleston Syllabus

Author: Chad Williams

Publisher: University of Georgia Press

Published: 2016-05-01

Total Pages: 371

ISBN-13: 0820349577

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On June 17, 2015, a white supremacist entered Emanuel AME Church in Charleston, South Carolina, and sat with some of its parishioners during a Wednesday night Bible study session. An hour later, he began expressing his hatred for African Americans, and soon after, he shot nine church members dead, the church’s pastor and South Carolina state senator, Rev. Clementa C. Pinckney, among them. The ensuing manhunt for the shooter and investigation of his motives revealed his beliefs in white supremacy and reopened debates about racial conflict, southern identity,systemic racism, civil rights, and the African American church as an institution. In the aftermath of the massacre, Professors Chad Williams, Kidada Williams, and Keisha N. Blain sought a way to put the murder—and the subsequent debates about it in the media—in the context of America’s tumultuous history of race relations and racial violence on a global scale. They created the Charleston Syllabus on June 19, starting it as a hashtag on Twitter linking to scholarly works on the myriad of issues related to the murder. The syllabus’s popularity exploded and is already being used as a key resource in discussions of the event. Charleston Syllabus is a reader—a collection of new essays and columns published in the wake of the massacre, along with selected excerpts from key existing scholarly books and general-interest articles. The collection draws from a variety of disciplines—history, sociology, urban studies, law, critical race theory—and includes a selected and annotated bibliography for further reading, drawing from such texts as the Confederate constitution, South Carolina’s secession declaration, songs, poetry, slave narratives, and literacy texts. As timely as it is necessary, the book will be a valuable resource for understanding the roots of American systemic racism, white privilege, the uses and abuses of the Confederate flag and its ideals, the black church as a foundation for civil rights activity and state violence against such activity, and critical whiteness studies.


Proactive Policing

Proactive Policing

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2018-03-23

Total Pages: 409

ISBN-13: 0309467136

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Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.


Investigation of the Ferguson Police Department

Investigation of the Ferguson Police Department

Author: U.s. Department of Justice

Publisher: Createspace Independent Publishing Platform

Published: 2016-02-04

Total Pages: 108

ISBN-13: 9781523856671

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The Civil Rights Division of the United States Department of Justice opened its investigation of the Ferguson Police Department ("FPD") on September 4, 2014. This investigation has revealed a pattern or practice of unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and Fourteenth Amendments to the United States Constitution, and federal statutory law. Over the course of the investigation, we interviewed City officials, including City Manager John Shaw, Mayor James Knowles, Chief of Police Thomas Jackson, Municipal Judge Ronald Brockmeyer, the Municipal Court Clerk, Ferguson's Finance Director, half of FPD's sworn officers, and others. We spent, collectively, approximately 100 person-days onsite in Ferguson. We participated in ride-alongs with on-duty officers, reviewed over 35,000 pages of police records as well as thousands of emails and other electronic materials provided by the police department. Enlisting the assistance of statistical experts, we analyzed FPD's data on stops, searches, citations, and arrests, as well as data collected by the municipal court. We observed four separate sessions of Ferguson Municipal Court, interviewing dozens of people charged with local offenses, and we reviewed third-party studies regarding municipal court practices in Ferguson and St. Louis County more broadly. As in all of our investigations, we sought to engage the local community, conducting hundreds of in-person and telephone interviews of individuals who reside in Ferguson or who have had interactions with the police department. We contacted ten neighborhood associations and met with each group that responded to us, as well as several other community groups and advocacy organizations. Throughout the investigation, we relied on two police chiefs who accompanied us to Ferguson and who themselves interviewed City and police officials, spoke with community members, and reviewed FPD policies and incident reports.


Police Use of Force under International Law

Police Use of Force under International Law

Author: Stuart Casey-Maslen

Publisher: Cambridge University Press

Published: 2017-08-10

Total Pages: 437

ISBN-13: 1316510026

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The first detailed description of when and how the police may use force under the international law of law enforcement.


Communities in Action

Communities in Action

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2017-04-27

Total Pages: 583

ISBN-13: 0309452961

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In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.


Critical Issues in Policing

Critical Issues in Policing

Author: Roger G. Dunham

Publisher: Waveland Press

Published: 2020-07-01

Total Pages: 720

ISBN-13: 1478645652

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The eighth edition of this comprehensive collection includes carefully chosen articles with fresh perspectives on the most current trends in policing. Critical Issues in Policing provides ready access to the brightest minds in the field of policing. The 36 contributions sharpen understanding of the intricacies of police work and encourage readers to change from holding the police responsible for crime rates to holding them accountable for specific goals, tasks, and objectives. The new edition continues its authoritative, insightful coverage of complex elements of policing and presents vivid and pragmatic illustrations of law enforcement issues. The anthology offers an alternative to traditional policing texts. It covers philosophies of policing that guide discussions about police culture, police misconduct, use of force, operational concerns, and technological innovations.