By Jason Johnson and Sean Kennedy

Consent decrees are a blunt instrument for enacting police reform. The approach has proven ill-suited at enacting effective change in law enforcement agencies. These coercive reforms face institutional resistance from departments and their personnel and fall victim to mission creep from the unaccountable lawyers, judges, and bureaucrats who oversee the design and later the implementation of the reforms. The situation worsened significantly as the Obama Administration increased the use of consent decrees, a policy resumed under the Biden Department of Justice. Often built on limited and flimsy evidence, the Justice Department’s allegations against police agencies put local jurisdictions in a near impossible position to contest civil rights violations findings. Additionally, the Justice Department frequently injects its policy preferences into the required remedies that do not reflect urgent or even necessary changes, but policy agenda of the Civil Rights Division and the White House. Subject jurisdictions are often compelled to accept settlements with unachievable compliance goals and required to spend vast sums to remedy problems outside the scope of the statutory requirements. Consent decrees are not a quick, easy, or inexpensive fix. And this type of settlement can have consequences – higher crime, lower police morale, ballooning costs, drifting timelines, and dissatisfied residents. In many cases, consent decrees prove to be damaging boondoggles rather than bolstering effective and constitutional policing. Federal intervention for some agencies may still be necessary but less onerous and more effective tools exist for enacting necessary reforms. Those alternatives should be preferred where possible. The Justice Department’s interventions in law enforcement agencies should be precise in their methods and practicable in their goals. This paper examines:

• the origins and process of police consent decrees;

• the increasing use of consent decrees to enact police reform policies;

• the consequences of police reform by consent decree; and

• the alternative approaches to improving American policing.

Alexandria, VA: Law Enforcement Legal Defense Fund, 2023. 24p.

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By Guy Ben-Porat and Fany Yuval

What does police violence against minorities, or violent clashes between minorities and the police tell us about citizenship and its internal hierarchies? Indicative of deep-seated tensions and negative perceptions; incidents such as these suggest how minorities are vulnerable, suffer from or are subject to police abuse and neglect in Israel. Marked by skin colour, negatively stigmatized or rendered security threats, their encounters with police provide a daily reminder of their defunct citizenship. Taking as case studies the experiences and perceptions of four minority groups within Israel including Palestinian/Arab citizens, ultra-Orthodox Jews and Ethiopian and Russian immigrants, Ben-Porat and Yuval are able to explore different paths of citizenship and the stratification of the citizenship regime through relations with and perceptions of the police in Israel. Touching on issues such as racial profiling, police brutality and neighbourhood neglect, their study questions the notions of citizenship and belonging, shedding light on minority relationships with the state and its institutions.

CAMBRIDGE. CAMBRIDGE UNIVERSITY PRESS. 2019. 251p.

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David C. Perry

Police in the Metropolis by David C. Perry offers readers a compelling and thought-provoking exploration of law enforcement in a bustling urban landscape. Perry delves into the complexities of policing in a metropolis, tackling issues of crime, justice, and power dynamics with a keen eye for detail. Through vivid storytelling and meticulous research, the author sheds light on the challenges faced by those who protect and serve in a city teeming with life and conflict. Police in the Metropolis is a riveting read that provides valuable insights into the nuanced world of urban law enforcement.

CHARLES E. MERRILL PUBLISHING COMPANY.. Columbus, Ohio. 1973. 193p.

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Edward R. Maguire

Although most large police organizations perform the same tasks, there is tremendous variation in how individual organizations are structured. To account for this variation, author Edward R. Maguire develops a new theory that attributes the formal structures of large municipal police agencies to the contexts in which they are embedded. This theory finds that the relevant features of an organization's context are its size, age, technology, and environment. Using a database representing nearly four hundred of the nation's largest municipal police agencies, Maguire develops empirical measures of police organizations and their contexts and then uses these measures in a series of structural equation models designed to test the theory. Ultimately, police organizations are shown to be like other types of organizations in many ways but are also shown to be unique in a number of respects.

NY. SUNY Press. 2003. 294p.

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TODD DOUGLAS

As accusations of police misconduct and racial bias increasingly dominate the media, The Police in a Free Society: Safeguarding Rights While Enforcing the Law takes an unflinching look at the police, the communities they serve, and the politicians who direct them. Author Todd Douglas, a veteran state police commander, exposes the occurrences of police misconduct and incompetence as well as incidences of charlatans who intentionally inflame racial tensions with the police for their own political or financial gain.

Readers will better understand what police officers must deal with on a daily basis, grasp the role of lawmakers in keeping faith with the public, and appreciate the tremendous challenges that police leaders face in attempting to reverse recent trends and shore up public confidence in police officers. This is a rare glimpse into the often-ugly reality of what happens on America's streets, with insights gained from the perspective of the cop and suspect alike.

Praeger. ABC-CLIO, Santa Barbara, Califomla • Denver, Colorado. 2017. 298p.

RAND CORP.

Facilitator, law law enforcement, and and community organizers introduce themselves and and summarize overall aim of the dialogue. For example, “Now we’d like to tell you why of the example, "Now we'd like to tell we we are are engaged in in this this work. In In recent years, we've seen many examples of tension of between police and the communities they serve. Importantly, events that happen and the that elsewhere can also affect and inform local community-police relations. We're doing also affect and inform this this exercise to help community members and police better communicate their to and police expectations." expectations.” It It also helps participants participants to to think about " “what what if if something happened here that is similar to what we’re seeing nationally?” “Would we be prepared?” here “Would that we is know similar how to what to respond? we're ” seeing “How nationally? should we " " respond? Would we ” be p

Santa Monica. CA. RAND CORP. 2023. 28p.

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EDITORS Clifford D. Shearing AND Philip C. Stenning

The increased use of private policing has led to a growing awareness that policing can no longer be thought of as just being about crime, but as the enforcement of order and the way it can be both established and maintained. Private Policing charts the development of social control mechanisms -- both public and private -- from historical, legal, ethical and managerial perspectives.

SAGE PUBLICATIONS.. Newbury Park Beverly Hill. 1987. 329p.

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Herman Goldstein

In his seminal work on problem-oriented policing, Herman Goldstein emphasizes the importance of addressing the root causes of crime and disorder within communities. Goldstein’s book provides a framework for law enforcement agencies to shift their focus from reactive responses to proactive measures aimed at preventing recurring issues.

The core concept of problem-oriented policing lies in identifying specific problems within a community, analyzing the underlying factors contributing to those problems, and developing tailored strategies to mitigate them. By working collaboratively with community members, local organizations, and other stakeholders, law enforcement can implement sustainable solutions that address the root causes of crime and disorder.

Goldstein’s book serves as a guide for police departments looking to adopt a more proactive and community-centered approach to policing. By encouraging officers to engage with the community, gather data on recurring issues, and implement evidence-based strategies, problem-oriented policing offers a promising alternative to traditional law enforcement practices.

Overall, Herman Goldstein’s book on problem-oriented policing provides valuable insights and practical tools for law enforcement agencies seeking to build safer and more resilient communities through proactive problem-solving strategies.

NY. McGraw-Hill. 1990. 221p.

By Rafael A. Mangual

After a long period of continuous violent-crime declines throughout the U.S.—spanning from the mid-1990s through the early 2010s—many American cities are now seeing significant increases in violence. Nationally, in 2015 and 2016, murders rose nearly 11% and 8%, respectively. The national homicide rate declined slightly in 2017 and 2018, before ticking upward in 2019. In 2020, the nation saw its largest single-year spike in homicides in at least 100 years—which was followed by another increase in murders in 2021, according to CDC data and FBI estimates. In the last few years, a number of cities have seen murders hit an all-time high. In addition to homicides, the risk of other types of violent victimizations rose significantly, as well. While various analyses estimated a slight decline in homicides for the country in 2022, many American cities still find themselves dealing with levels of violence far higher than they were a decade ago. While violent crime—particularly murder—is the most serious due in large part to its social costs, there have also been worrying increases in crimes such as retail theft, carjacking, and auto theft, as well as in other visible signs of disorder in public spaces (from open-air drug use and public urination to illegal street racing and large-scale looting and riots). Although several contributing factors are likely, this general deterioration in public safety and order was unquestionably preceded and accompanied by a virtually unidirectional shift toward leniency and away from accountability in the policing, prosecutorial, and criminal-justice policy spaces. That shift is evidenced by, among other things, three major trends in enforcement: • A 25% decline in the number of those imprisoned during 2011–2212 • A 15% decline in the number of those held in jail during 2010–2113 • A 26% decline in the number of arrests effected by law-enforcement officers during 2009–1914 Notable contributing factors to the decline in enforcement include: • A sharp uptick in public scrutiny and interventions—in the form of investigations and legal action taken by state attorneys general and the federal Department of Justice—against local law-enforcement agencies • The worsening of an ongoing police recruitment and retention crisis, particularly in large urban departments • The electoral success of the so-called progressive prosecutor movement, which, by 2022, had won seats in 75 jurisdictions, representing more than 72 million U.S. residents • Perhaps most important, the adoption of a slew of criminal-justice and policing reform measures at all levels of government Those who are skeptical of the criminal-justice reform movement have devoted most of their efforts to arguing against the movement’s excesses and explaining why it would be unwise to enact certain measures. Less effort has been devoted to the extremely important task of articulating a positive agenda for regaining what has been lost on the safety and order front. This paper seeks to add to that positive agenda for safety by proposing three model policies that, if adopted, would help, directly and indirectly, stem the tide of rising crime and violence, primarily by maximizing the benefits that attend the incapacitation of serious criminals (especially repeat offenders) and by encouraging the collection and public reporting of data that can inform the public about the downside risks that are glossed over by decarceration and depolicing activists.

New York: Manhattan Institute, 2023. 19p.