6.5 Current Issues in Policing

In this section, we review some of the contemporary issues that are occurring in policing. The responsibility put on police officers puts them in difficult positions each and every day and thus these decisions impact not only the individuals they are interacting with and bringing into the justice system but also community members as a whole. Some of these issues include: officer-involved shootings, use of force, vehicle pursuits, stereotypes and bias-based policing, use of body cameras, mental health, and controlled substances. This section will provide a report on some of the more pervasive issues facing policing today.

6.5.1 Officer-Involved Shootings

One of the most controversial issues in regards to policing in the 21st century are police shootings. The “police shooting” topic causes much debate and is always in the headlines of every social media site and outlet when it occurs. After an officer-involved shooting, community members want answers, and rightfully so. Unfortunately, police departments cannot immediately provide those answers. The all too familiar ‘no comment’ or “we do not have any information at this time” or only providing limited facts does not appease saddened or angry family members or the general public.

Police departments cannot comment because they may genuinely not know the entire story. Police unions are there to protect officers, and the officers need time between the shooting and when they are required to write the police report on the incident and answer questions about the shooting for a variety of reasons. Therefore, directly after the shooting, when the media or the general public wants answers, there might not be any answers known to give. However, this immediately reads as if the department has something to hide. Whether that is true does not matter in the eyes of many. An investigation must occur before the department can make a formal statement and release body camera or dash-mounted camera footage and information about the shooting. All too often though, this information comes too late.

One case that signifies this all too well is the officer-involved shooting and killing of Michael Brown in Ferguson, Missouri (Department of Justice, 2015). To see a media excerpt on the case, watch Michael Brown Shooting: The Evidence.

An evidence photograph from Ferguson Police Department’s Michael Brown Crime Scene showing crime scene tape surrounding a patrol car, cones, a temporary orange barrier and a white sheet with blood stains at one end covering the deceased body of Michael Brown.

Figure 6.6. Evidence Photo from Ferguson Police Department’s Michael Brown Crime Scene.

The riots that occurred during the aftermath of the incident resulted in numerous arrests, millions of dollars in property damage sustained, and almost insurmountable damage to the relationship between police and young Black males.

Officer-involved shootings are very serious. Officers train and qualify quarterly with their duty firearms and regularly review what is required to use deadly force. After every officer-involved shooting (use of deadly force), once the investigation is complete, a grand jury or coroner’s inquest (depending on the jurisdiction and outcome of the shooting) must take place. There is a trial where the actions of the officer involved are examined to determine if the use of deadly force was justified. The officer describes in detail the shooting and why the officer felt it necessary to use deadly force. Witnesses take the stand and tell what they heard or saw. Finally, a jury decides whether or not the use of deadly force was justified. If the shooting is justified, the officer will not face formal charges for the use of deadly force. However, if the shooting is determined to be unjustified, the officer can face felony charges, up to murder. Generally, at this point, the officer is fired from the respective police department, and the prosecutor’s office files charges against the officer. For example: Officer charged with murder in fatal shooting of Patrick Lyoya has been fired – ABC News.

6.5.2 Use of Force and Vehicle Pursuits

Police officers have the ability to use force, if deemed necessary. If an officer uses more force than required for the situation, this brings up many red flags. The Violent Crime Control and Law Enforcement Act of 1994 authorized the Civil Rights Division of the U.S. Department of Justice (DOJ) to initiate civil actions against policing agencies if the use of force is excessive or constitutes a pattern of depriving individuals of their rights (Conduct of Law Enforcement Agencies, 2022).

One additional issue in police use of force situations is that it is difficult to measure. There are many types of force police can use. The force utilized varies from going hands-on with control holds or takedowns to using tools like pepper spray, tasers, or batons to the use of deadly force with a firearm. Every situation is different because it involves imperfect human beings and can be interpreted differently from those involved to those standing on the side-lines. The courts currently use the Graham v. Connor standards to determine if the force used was “objectionably reasonable” based on the specific circumstances.

Another police response is in the form of vehicle pursuits, which have dramatically changed over the last decade. It used to be commonplace for officers to engage in several vehicle pursuits during one-shift. Officers would get in a vehicle pursuit for many reasons, stemming from locating a rolling stolen vehicle to a driver failing to stop after running a stop sign. Vehicle pursuits have at a minimum, two, four-to-five thousand-pound deadly weapons (also known as the vehicles) that are driven recklessly (most times), chasing one another. The morgue has seen large numbers of fatalities due to vehicle pursuits. Victims range from an innocent person in a crosswalk at the wrong time when the vehicle police pursued, hit the victim, or the innocent person driving across an intersection with a green traffic light struck while the pursuing vehicle runs a red traffic light. There are too many sad stories of the innocent victim killed because the police decided to pursue a vehicle with lights and siren and the pursuing vehicle refused to pull over.

Because of the many senseless fatalities, many police departments have updated their vehicle pursuit policies and procedures. Although the policies of each department do differ in minor areas, most departments have chosen to only approve a vehicle pursuit in dire situations. Such a situation fitting that description would be if the driver of the fleeing vehicle were actively engaging in behavior that was placing other community members in immediate dire harm.

6.5.3 Stereotypes and Bias-Based Policing

Human beings are infamous for stereotyping. “We actually form impressions about people within milliseconds to seconds. From a split-second glance at a person’s face, people readily make socially relevant inferences about that individual” (Willis & Todorov, 2006 as cited in Xie et al., 2021).

Stereotyping in policing is almost a foregone conclusion. Community members expect the police to protect them by being not only reactive but proactive. One of the most popular policing methods is to view a situation and proactively make a quick decision on whether or not a crime is about to occur, and if it is, stop it from happening. One of the ways police proactively operate is through stereotyping. “Police officers spend a great deal of time working their beats…one thing is common to all police officers working personalities: in an effort to know who or what is ‘wrong’ on their beat, police officers must know who is ‘right’ or who belongs.” (Perez, D., 2011).

When officers cross over the line is when they leave out the step of asking the who, what, where, when, why, and how after the stereotyping occurs, to confirm their thoughts. It is at this point that the officer is engaging in a type of implicit bias policing and this opens many doors to corruption. It is another slippery slope that officers must always be aware of while performing their many duties.

6.5.4 Disparities and Racism in Policing Communities of Color

As we have discussed, policing has had a rocky history and relationship with communities of color. In looking at the disparities in how communities of color have been treated by police and reviewing the systemic issues within the criminal justice system, many organizations are calling for change. One of these organizations is The Initiative: Advancing the Blue and Black partnership. The article, The Initiative: Partnerships Between Police and Communities of Color states the goal of the initiative is to bring “together local leaders, communities, and progressive police departments to implement effective community policing solutions to create mutual respect and healthy relationships between police and the communities they serve. The Initiative was founded on the premise that we must push through our differences and work with each other to heal the community-police divide, re-envision public safety, and build safer communities where we are all seen and heard” (n.d.).

The initiative focuses its change through community-oriented policing which “is a philosophy of policing whereby a police agency organizes itself, trains its officers, and implements policies that prepare officers to engage with citizens to work in a collaborative and proactive manner to further public safety” (n.d.).

In response to these issues, many stakeholders have tried to determine possible solutions. To more about the racial issues and additional responses to addressing these disparities and racism check out the Harvard Gazette’s article, Solving racial disparities in policing – Harvard Gazette. The racism and disparities in policing are difficult to digest for everyone in the community but especially for those who enter the law enforcement profession wanting to make a difference and break down these issues. To hear more about this from former Portland Police Chief Danielle Outlaw’s perspectives, watch Policing in America: The Road to Reconciliation | Danielle Outlaw | TEDxPortland

6.5.5 Body Cameras

An overwhelming number of police officers welcome body cameras, just like community members. The camera footage can be reviewed to determine the actual events. “The officer yelled at me and made me feel stupid and used profanity,” is an example of a community member’s complaint sometimes reported to a supervisor. Body camera footage of the incident can indicate the exact opposite. The truth often is that the community member did run the red light or failed to stop at the stop sign and did not want to accept responsibility and pay the fine. Body cameras changed the environment of complaints; however, body cameras also ensure that “grass-eaters” do not partake in temptation. Moreover, those “meat-eaters” are also held accountable for excessive use of force or illegal actions.

Body cameras would seem to be the panacea for all police misconduct, but the truth of the matter is not so concrete. First, body cameras only show one point of view. Until small drones can hover above the officer showing a 360-degree view, the accurate recollection of an event can never indeed be known. Second, no matter how full-proof department policies and procedures regulate the use of body cameras, there will always be a user that can turn off the camera, or it can malfunction, in some situations. Body cameras are one answer in a giant puzzle to hamper and stop police misconduct. As technology improves, so hopefully will the view the body cameras record.

6.5.5.1 Police Body Cameras: What Do You See Exercise

“People are expecting more of body cameras than the technology will deliver,” Professor Stoughton said. “They expect it to be a broad solution for the problem of police-community relations, when in fact it’s just a tool, and like any tool, there’s limited value to what it can do.” (Willams et al., 2016). Review the videos within Police Body Cameras: What Do You See? – The New York Times.

6.5.6 Mental Health

As defined by the Mayo Clinic, “Mental illness, also called mental health disorders, refers to a wide range of mental health conditions – disorders that affect your mood, thinking and behavior. Examples of mental illness include depression, anxiety disorders, schizophrenia, eating disorders, and addictive behaviors (2019).

Mental illness conditions are plaguing individuals worldwide. There are no boundaries and no discrimination when it comes to who may be taunted by the disorders that come from them. One of the many unfortunate things about mental illness is that sometimes it can cause the individual who is battling it, to act in a way that causes others to fear for their or the other’s safety. The illness may also influence the individual’s decision-making and thus leads to the person committing a crime. In these instances, 9-1-1 is often the first person called and in most communities, it is police officers who are sent to respond to these calls.

In the article “Building mental health into emergency responses” Abramson states, it is “estimated that at least 20% of police calls for service involve a mental health or substance use crisis, and for many departments, that demand is growing.” In a nationwide survey of more than 2,400 senior law enforcement officials conducted by Michael C. Biasotti, formerly of the New York State Association of Chiefs of Police, and the Naval Postgraduate School, around 84% said mental health–related calls have increased during their careers, and 63% said the amount of time their department spends on mental illness calls has increased during their careers. More than half reported the increased time is due to an inability to refer people to needed treatment. Referring to appropriate mental health resources—and following up on progress—takes time and resources that already strained police, especially those from smaller departments, don’t always have.

As a result, more police departments are teaming with mental health clinicians—including psychologists—out in the field or behind the scenes via crisis intervention training. When these groups collaborate well, people with mental illness in crisis can access mental health care more easily, police experience less trauma and stress, and clinicians have an opportunity to make an even bigger difference in the community. Early data also indicate that these partnerships are making communities healthier, safer, and more financially secure” (2021).

As Abramson mentioned, Crisis Intervention Teams are one of the current tools that are being implemented to help police officers and agencies address mental health issues, and better prepare officers. To learn more about what some agencies are doing to implement these teams visit the Crisis Intervention Team (CIT) Programs | NAMI: National Alliance on Mental Illness and watch the video Meet Police Offers Trained to Respond to Mental Illness Calls.

6.5.7 Controlled Substances

As noted in Abramson’s article, individuals struggling with substance use crisis is another issue police officers are facing daily. Interacting with those who are under the influence of controlled substances, often defined as opioids, stimulants, depressants, hallucinogens, and anabolic steroids, is extremely difficult and can be very dangerous. These substances, known more commonly as cocaine, heroin, ecstasy, methamphetamine, and many others, make those under the influence act and behave in unpredictable ways, at times causing irrational thinking and lasting health effects.

Similarly to mental health conditions, when individuals are under the influence of these substances and acting strangely or committing crimes as a result of their use, the community becomes fearful and they call 9-1-1. As a result, police officers are again the first to respond and an individual’s substance abuse issues turn into a policing issue. For centuries, the general public and politicians have struggled with allowing those who are “different” or “scary” to stay in the community, and without systems in place to help those struggling with addiction or substance abuse issues, the criminal justice system has to turn into a community fix to “remove” these individuals temporarily from the community. As a result, laws have been in place for years making the possession, manufacturing, and delivery of these substances illegal, resulting in an absorbent amount of people who are now currently incarcerated, which will be discussed in a future chapter.

Recently though, many states across the nation are taking a different approach of legalizing certain substances, like marijuana and psilocybin, and “decriminalizing” the possession charges for smaller amounts of other substances like methamphetamine, heroin, and cocaine, etc. As a result, law enforcement is no longer enforcing certain laws which are being repealed, and in other cases when officers would have arrested or issued a citation to the person, they are now offering treatment and recovery options instead. Take a look at the Police Offering Drug Recovery Help: ‘We Can’t Arrest Our Way Out Of This Problem’ : NPR article to learn a little more about this.

As a result of these changes at the state level, there are some conflicting laws and standards currently in place across the United States. To learn more about the federal drug schedules watchWhat are Schedule Drugs? | Controlled Substances | PTCB EXAM | Schedule Drugs and Types | and to learn more about the movement nationwide related to drug decriminalization check out the Drug Decriminalization | Drug Policy Alliance.

6.5.8 Licenses and Attributions for Current Issues in Policing

“Current Issues in Policing” by Megan Gonzalez is adapted from “6.8. Current Issues: Police Shootings”, “6.9 Current Issues: Use of Force and Vehicle Pursuits”, “6.10. Current Issues: Stereotypes in Policing”, and “6.13. Current Issues: Body Cameras” by Tiffany Morey in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Edited for style, consistency, recency, and brevity; added DEI content.

Figure 6.6. Evidence Photos in Michael Brown shooting case by the St. Louis County Prosecutor’s Office is in the Public Domain.

License

Introduction to the American Criminal Justice System Copyright © by Sam Arungwa. All Rights Reserved.

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