By Shelley S. Hyland

This report describes the purpose for developing the National Law Enforcement Accountability Database (NLEAD), a centralized repository of official records documenting instances of law enforcement officer misconduct as well as commendations and awards to help inform hiring, job assignment, and promotion decisions. It also provides statistics on the NLEAD’s records, the federal law enforcement officers included, and its usage. This is the first annual report, and it covers NLEAD records for events occurring in calendar years 2018 to 2023 and usage of the NLEAD from January 1, 2024 to August 31, 2024.

Launched on December 18, 2023, the NLEAD was established in accordance with Section 5 of Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety. The Justice Management Division was given responsibility for developing and maintaining the NLEAD, and BJS was given responsibility for producing the annual report.

Highlights

● As of September 20, 2024:

○ All federal law enforcement agencies required to report to the

NLEAD (N=90) and four additional agencies voluntarily submitted records or submitted documentation that they had zero qualifying incidents for all their officers for 2018–2023.

○ There were 4,790 records of federal officer misconduct and 4,011 federal law enforcement officers in the NLEAD for 2018–2023.

● In 2018–2023, 63% (3,031) of incidents in the NLEAD were for sustained complaints or records of disciplinary action based on findings of serious misconduct.

● From January 1, 2024 to August 31, 2024, 9,985 searches were conducted on records in the NLEAD.

Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2024. 15p.

By The New Jersey Office of the State Comptroller (OSC)

The New Jersey Office of the State Comptroller (OSC) examined over 500 motor vehicle stops conducted by New Jersey State Police (NJSP) that ended with no enforcement. OSC looked at body-worn camera footage of stops that are rarely, if ever, watched—stops where tickets were not given, arrests were not made, and no one was even ordered to exit their vehicle. Most of the traffic stops OSC reviewed started with the trooper briefly explaining the reason for the stop and requesting a driver’s license, registration, and insurance. But in more than one out of four stops reviewed, the motorist presented a courtesy card, asserted a personal relationship with a law enforcement officer, or even flashed a law enforcement badge. When that happened, the side-of-the-road interactions between the motorists and the stopping troopers shifted, and in some cases, shifted dramatically.

Sometimes, the motorist boldly handed over a courtesy card, occasionally in lieu of driving credentials, and the stop resolved relatively quickly with the trooper offering some version of “you’re good.” Other times, a driver volunteered “my dad is a lieutenant” or “my best friend works at [insert name of any law enforcement agency]” and received remarkably solicitous treatment from the trooper. This was the case even when the drivers were stopped for dangerous traffic infractions, such as driving more than 100 miles per hour or suspected drunk driving. The most serious consequence the troopers imposed in these stops was advising the motorists that they left a voicemail message for the law enforcement officer named on the courtesy card or invoked as a friend or relative. In one instance of suspected drunk driving, the trooper also warned the driver to “stay off my highway,” after reminding him how bad things would be if he crashed under the circumstances.

OSC’s Police Accountability Project initiated this investigation in response to multiple reports that New Jersey law enforcement officers’ exercise of discretion in motor vehicle stops is often influenced by improper factors, such as courtesy cards given to or purchased by motorists. OSC reviewed more than 3,000 minutes of body-worn camera footage, which included 501 traffic stops conducted by a sample of NJSP troopers over a ten-day period in late 2022. In doing so, OSC found evidence of a two-tiered system in which motorists with ties to law enforcement—no matter how tenuous—were given preferential treatment.

Among the findings:

Courtesy cards—which are given out by police labor associations and sold by private companies online—appear to be in wide usage and function as accepted currency. Of the 501 stops OSC reviewed, 87 motorists presented courtesy cards which came from municipal police departments, county and state agencies, as well as inter-state and out-of-state law enforcement agencies. They all appeared to be equally effective at getting motorists released without enforcement.

Motorists who asserted personal relationships with law enforcement have similarly strong social capital that often has the same effect as a courtesy card. In ten percent of the stops, the motorist did not present a courtesy card but cited a relationship to a law enforcement officer and was able to evade any consequences, even for serious motor vehicle violations. In one stop, a driver was speeding 103 miles per hour. The trooper released her after she said her father was a lieutenant. Another motorist, stopped for tailgating, speeding, and driving over the median in a tunnel, was released promptly after he cited a friendship with a law enforcement officer.

Many active duty law enforcement officers were observed using their official government position to get out of a ticket. Some volunteered that they were law enforcement, some flashed badges, and in one instance, a trooper sitting in the back seat of a car offered up his badge number.

Troopers’ decisions to grant preferential treatment to motorists who have courtesy cards or asserted close personal relationships with law enforcement seem to be having a discriminatory impact. White motorists were more likely to hold a courtesy card or assert a relationship to law enforcement. Of the 87 courtesy cards observed in the sample, for instance, 69 were presented by White drivers, while Black, Hispanic/LatinX, Asian, and other drivers presented a combined 18 courtesy cards.

NJSP policy requires troopers to request and review driving credentials (driver’s license, vehicle registration, and proof of insurance) for all stopped drivers. Yet, drivers without courtesy cards or a close relationship with law enforcement were more likely to have all three driving credentials requested and verified by the trooper, more likely to have the trooper take the extra step of conducting a full motor vehicle lookup in the computer, and more likely to be given some form of a warning.

An overall analysis of the full sample revealed racial disparities that went beyond courtesy cards. White and Asian drivers were less likely to have all three of their credentials requested and verified when compared to Black and Hispanic/LatinX drivers. And Hispanic/LatinX drivers who were stopped were generally subjected to a more thorough computerized lookup. Most striking, troopers conducted computerized lookups of Hispanic/LatinX drivers 65 percent of the time, while looking up White drivers only 34 percent of the time.

Out of the 501 stops that resulted in no enforcement, 232 related to speeding. At least 80 of those stops were for 20 or more miles per hour over the speed limit. Speeding is one of the common causes of traffic fatalities.

In short, this two-tiered system of justice that provides differing treatment for those with law enforcement connections and those without is unethical, discriminatory, and fundamentally unfair. It also contributes to making New Jersey roads less safe. Traffic fatalities on New Jersey roads continue to rise, with fatal crashes at the end of November 2024 already well surpassing the number of fatal crashes from the prior year. Impaired driving and speeding are some of the leading causes of accidents. Millions of public dollars are allocated to law enforcement agencies throughout the state to prioritize safety initiatives and adherence to traffic laws. Yet for some drivers, these priorities do not seem to apply.

For these reasons, and those set forth in more detail below, OSC makes 11 recommendations and has also made appropriate referrals. OSC’s findings also make clear that regular review of no enforcement stops could provide valuable insight into officer discretion and also could reveal why particular data trends persist, highlight the need for training or retraining and updates to policies, and ensure that the motor vehicle laws are being enforced fairly and equitably. While some of the drivers in this sample had courtesy cards or asserted relationships to law enforcement, many did not, and yet still avoided any consequences for often serious violations.

Trenton: New Jersey Office of the State Comptroller, 2024. 38p.

By Susan Olzak

Though it has had a long history, the recent social movement aimed at stopping police violence against minorities has consistently endorsed policies designed to make police conduct more accountable. This paper analyzes the effects of protest in cities on the establishment of Citizen Review Boards (CRBs) in recent decades. It also examines whether or not the presence of a CRB influences subsequent rates of police-involved fatalities in cities.

Preprint, 2020.

By Matthew B. Ross

 1. Introduction In November 2021, the New Jersey Attorney General’s Office of Public Integrity and Accountability (NJOPIA) engaged the author of this study for the purpose of conducting an independent analysis of traffic stops made by the New Jersey State Police (NJ-SP). Based on the author’s extensive experience working with state and local policymakers to develop early warning systems for identifying police disparities, the NJ OPIA requested that the analysis focus on the central question of whether there was disparate treatment on the part of NJ-SP towards racial and ethnic minorities.2 After cleaning and linking all of the raw data provided by the New Jersey Office of Law Enforcement Professional Standards (NJ-OLEPS), the analytical sample used in this analysis consisted of 6,177,109 traffic stops made by NJ-SP from 2009 to 2021. In the full analytical sample, 60.52 percent of traffic stops were made of White non-Hispanic motorists while 18.8 percent were Black/African-American and 13.44 percent were Hispanic/Latinx. The overall volume of minority motorists stopped by NJ-SP increased from 35.34 percent in 2009 to 46.28 percent in 2021. The overarching finding from the analysis of the NJ-SP data from 2009-21 is that there was extremely strong evidence of a large and persistent disparity both is the decision to stop as well as the decision to engage in post-stop enforcement like search, vehicular exits, use of force, and arrest. In general, the results were estimated with a very high degree of statistical confidence, survived multiple robustness tests, and were found across most years and troops/stations. In the opinion of this study’s author, these disparities represent strong empirical evidence that NJ-SP is engaged in enforcement practices that result in adverse treatment towards minority motorists. Following best practices, this study applies an ensemble of the most reliable statistical tests available in the scientific literature. The intuition of this approach is that the shortcomings of any individual test are overcome by the totality of the evidence produced by a multitude of tests examining a broad set of enforcement outcomes.

Boston: Northeastern University, 2023. 44p.

By Madison, Wisconsin Police Department

  In August 2023, Madison City Council passed a resolution authorizing the Implementation of the Body-Worn Camera Experiment Program. The resolution included multiple attachments that provide a history of the body worn cameras (BWC), feasibility reports, example policy, public comments, Alder amendments, legal review, and Chief Barnes’ memo requesting approval to conduct the experiment. The resolution represents a culmination of several years of effort by city residents, staff and alders. The experiment program consisted of technology, research and cost estimates. The technology portion began April 1, 2024, and was completed July 14. The BWC units were worn by officers in the North District. The first two weeks consisted of setting up and assigning units to officers, testing, and training. The use of body worn cameras began in the field on April 15. The BWC units were loaned by MPD’s existing dash camera vendor for the duration of experiment. The research was conducted by an outside researcher; Dr. Broderick Turner at Virginia Tech. Police Director Eleazer Hunt and members of the BWC Committee met with Dr. Turner multiple times to identify needed data and survey questions. This report includes Dr. Turner’s findings (Appendix A) and a budget estimate for implementation (Appendix B). Estimates are based on full deployment of BWC across MPD, the acquisition of hardware, operations/storage needs, peripherals, personnel, and support several years of operation. During the experiment, an interim Standard Operating Procedure (SOP) guided the use of BWC (Appendix C). This SOP is informed by the Police Body-Worn Camera Feasibility Review Committee, MPD’s current SOP for dash cameras and audio microphones , and a review of model policies developed by the International Association of Chiefs of Police and the U.S. Department of Justice. Findings from the experiment: 1- Officers did not change behavior while wearing a BWC 2- Charges were not added when officers reviewed video 3- Technical issues related to battery life and uploading video were evident in the first half of the experiment and resolved 4- Specific situational use of BWC required clarification of the SOP 5- The limitations of the experiment included a short duration, a small number of officers participated, there was limited time for analysis (interviews), and no post-experiment analysis 6- BWC may help with trust building, legitimacy, and transparency  7- Public Records requests impacted staff time to research, redact, and provide videos to requestors  

Madison, WI: City Police Department, 2024. 47p.

By Elda Celislami, Stephen Kastoryano, Giovanni Mastrobuoni:

Police accountability is essential to uphold the social contract. Monitoring the monitors is, however, not without difficulty. This paper reveals how police departments exploit specific laws surrounding death investigations to facilitate the underreporting of police killings. Our results show that US counties in which law enforcement can certify the cause of death, including counties which appoint the sheriff as the lead death investigator, display 46% more underreported police killings than their comparable adjacent counties. Drawing on a novel adapted-LATE potential outcomes framework, we demonstrate that underreported police killings are most often reclassified as 'circumstances undetermined' homicides. We also show that law enforcement agencies in counties with permissive death certification laws withhold more homicide reports from the public. The main underreporting results are primarily driven by underreporting of White and Hispanic deaths in our analysis sample, with the effect on Hispanic people particularly pronounced along the US-Mexico border. We do not find that excess underreported killings are associated with more violence directed towards police. We do, however, note a nationwide positive correlation between the permissiveness of gun-laws and underreported police killings. In addition, we find more underreporting in counties which have both high per-capita Google searches for Black Lives Matter and which allow law enforcement to certify the cause of death. Our results do not indicate that other differences in death investigation systems - coroner vs. medical examiner, appointed vs. elected, or physician vs. non-physician - affect the underreporting of police killings.

Bonn, Germany:  IZA – Institute of Labor Economics, 2023. 72p.

By Julie Berg and Emily Mann

The authors undertook a literature review on intersectionality and policing to provide a critical, impact-based account of scholarly/academic engagement with policing and intersectionality. This review informs an intersectional good practice toolkit by which police organisations can better engage with the phenomenon of intersectionality and its implications for policing and ‘seldom heard communities’. Additionally, the authors hosted two interactive workshops to share preliminary findings, consult with academics and police practitioners and request feedback. The review highlighted that intersectional convergence of certain social identities and characteristics can provide complex challenges for policing, for example: The impact of micro-interactions between the police and those with intersecting social identities. Meso-level institutional issues may mitigate or aggravate negative interactions between the police and those with intersecting identities (such as police culture, resources, specialist training, and/or whether the police have specialist teams or programmes). Macro-level factors; the police operate under broader structural influences and power dynamics which negatively impact on certain groups, and which is informed by both historical and contemporary factors such as law, policy, political and public discourses and expectations.

Edinburgh: Scottish Police Academy, 2023. 71p.

By Brian Rappert, Otto Adang, Aline Daillère, Jasper De Paepe (UGent) , Abi Dymond, Marleen Easton (UGent) and Stephen Skinner

The use of force by the police and other law enforcement officers has long been a significant topic of concern, especially when it results in death. This issue and the controversies around it have recently been highlighted by a series of high-profile deaths in 2020. Police Lethal Force and Accountability assesses the frequency of deaths, and the availability and reliability of information regarding deaths, associated with the application of force by law enforcement agencies in four jurisdictions: Belgium, England & Wales, France and the Netherlands. By adopting a common set of considerations for assessing the policies and practices within these individual jurisdictions, this report enables comparisons to be made across them. In doing so, we look to provide those in policing agencies, campaigning groups, government ministries and others, with sound information with which they can identify priorities to ensure uses of force are being accurately recorded and investigated. By enabling those concerned to understand how uses of force are recorded and addressed in comparison with other jurisdictions, we hope this report will help them to build a stronger case when holding public institutions accountable and identifying points for improvement. As documented, while deaths from the use of force appear relatively rare across these four jurisdictions when compared to countries such as the US1 , the procedures 1 In the US, roughly 1,110 police killings have taken place annually over recent years, see https://mappingpoliceviolence.org/national trends, (accessed 4 December 2020). and policies for recording, investigating and disclosing details associated with deaths are wanting. The availability of official information on the number of deaths associated with the use of force, its reliability, and the extent of details collected on those that die at the hands of the state vary from country to country. While there are elements of good practice, the procedures and policies are often lacking in critical respects. As a result of such deficiencies, it is difficult to assess many important dimensions of policing, including whether some communities are disproportionality subjected to the lethal use of force. Ultimately, reducing the extent of police force requires addressing underlying societal conditions associated with employment, health, housing and education. However, more can be done by law enforcement agencies, as well as by their oversight bodies and government ministers. Assembling data and evidence that is accessible, relevant and useful to those concerned with lethal force is a necessary step to enhance accountability for, and possibly prevent, deaths. In the context of democratic societies, the police and police-related bodies not only need to act on what they know in order to learn lessons, but also to demonstrate they are doing so to the populations they are meant to serve. Every death associated with the use of force by law enforcement officials should be recorded, recognised and investigated. No one’s death should go unacknowledged and unexamined.

Exeter, UK: University of Exeter, et al. 2020. 63p.