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CRIME PREVENTION

CRIME PREVENTION-POLICING-CRIME REDUCTION-POLITICS

Bridging The Gap: Virtual Roundtable Discussions on Racial Injustice and Police Community Relations

By Hildy Saizow., et al. ., CNA

In May 2020, the death of George Floyd at the hands of a Minneapolis police officer shocked the nation. Recorded footage brought the image of his death to millions of people, and they responded as never before. As the summer unfolded, protests were organized in communities all across the nation, with people of all racial and ethnic backgrounds, young and old alike, marching together asking for
police reform and sharing concerns over police brutality and systemic racism. In response, police reform proposals were introduced at the federal and state levels, with more than 30 states considering legislative changes on police practices and accountability. At the local level, government and police officials began proposing changes to police policy and practice, enacting bans on chokeholds, and promoting de-escalation training. In the City of Antioch, hundreds of concerned community members voiced their opinions on race relations and policing reform during three City Council meetings in June 2020. The issues they raised were wide ranging, including systemic racism, body-worn cameras, and police recruitment, training, and accountability. In response, the Antioch City Council decided to hold a series of roundtable
discussions called Bridging the Gap to hear the perspectives of additional community members and learn more about the kinds of changes in policing the community desired. The City wanted to better understand the community’s perspectives on racial injustice and police-community relations and to identify ways to address them. CNA, an independent national research and analysis firm, was hired
to organize and facilitate these roundtable discussions. Major incidents involving police can and have happened all around the country. As we were writing this report, we learned that they can happen in Antioch, too. During our initial conversations to understand the goals of the Bridging the Gap sessions, we often heard that Antioch was holding community dialogues because of things that happened in other places. Recently, an interaction between a young man and Antioch police officers ended in the death of the young man. Although it may be too soon to determine the circumstances that lead to his death, the timing of this incident should serve as a cautionary tale for other departments. The policing issues in Antioch are national, and the national issues matter in Antioch.

Process:

CNA, through its Center for Justice Research and Innovation, began planning the roundtable discussions in November 2020. As a nationally recognized leader in justice systems research, police-community relations, and police reform efforts, CNA brought significant technical skills and a deep understanding of community policing, the intersection of race and policing, and evidence-based policing to the project. For over a decade, CNA has worked with more than 400 police departments to assess their operations, recommend changes based on best practices, and provide the technical assistance needed to implement change.

Arlington, VA: CNA, 2021. 60p.

Field Training Programs in Law Enforcement

By Monique Jenkins, Jessica Dockstader, Sharon Oster, Thomas Woodmansee, and Mary O’Connor

Though effective training is an important part of all professions, it is especially crucial for those that include high levels of stress and life-or-death situations—like law enforcement. Accordingly, law enforcement agencies spend considerable time and resources on training—paying recruits to attend police academies, managing field-training programs, ensuring the resources and equipment needed to conduct in-service trainings along with sending staff or soliciting experts for external trainings. Field training is often described as the most important stage in an officer’s career; Time spent with a field training officer (FTO) is vital to a trainee’s career development and helps shape the culture of an agency. Recently, American policing has seen a shift in its public perception as a result of highly publicized officer involved use of force incidents. Some of the involved officers have been field training officers. Research shows that trainees’ behavior is directly correlated to the field training they receive, with FTOs having a statistically significant effect on subsequent allegations of misconduct brought against trainees. Further, a gap in research exists surrounding the effectiveness of field training practices, the impact of a field training officer on the recruit’s retention of academy knowledge, and the processes by which departments select and recruit FTOs. This gap has led to a lack of standardization among law enforcement agencies on these topics. Despite the importance of police officer training, a common saying that trainees hear is “forget what you learned in the academy—the real learning begins now,” signifying the disconnect between classroom lessons and the real-world setting.

Case Study: Six Police Field Training Programs

CNA’s Center for Justice Research and Innovation seeks to further explore police field training programs around the country in an effort to highlight promising practices, identify areas for improvement, and promote information sharing. The research team recruited six agencies for a case study to answer the following questions:

  • Are participating law enforcement agencies using similar processes and procedures for their field training programs?

  • Are there common qualifications and standards across participating law enforcement agencies that an officer must meet in order to become a field training officer?

  • Are there common qualifications, experiences, performance standards, and accountability measures that officers must demonstrate in order to remain a field training officer in participating agencies?

CNA conducted six to ten semi structured interviews with various members of each department, including officers in the field training program, officers post-field training, current field training officers, and former field training officers. We also reviewed written documents from each agency, including position postings for field training officers, written policies and procedures pertaining to the field training program, and training materials and curriculum pertaining to the field training program.

Areas for Improvement in Police Officer Field Training

The research team identified themes that were important to address within each of the field training programs: Trainer Requirements, Preparation, and Incentives; Pairing of Trainers and Trainees; and Trainer Evaluation and Trainee Communication. We also felt it was important to highlight the perceptions about the field training programs from the perspectives of both the FTOs and the trainees.

Our research found a lack of standardization among these practices across agencies. Agencies required various levels of experience for trainers, trained FTOs using different philosophies, and motivated trainers using several methods. The majority of participating departments also did not use a formal method to match trainees and trainers. However, many agencies did strive to ensure each trainee was paired with only one trainer for each phase. When done correctly, this structure allowed trainees to experience different policing and teaching styles so the trainee could adapt and develop their own. Agencies required FTOs to document the training process and communicate with trainees using formal and informal methods. In some agencies, trainers also received formal evaluations from supervisors and trainees and in others, these feedback mechanisms were less formal or did not exist at all.

Trainers in the majority of participating agencies felt a tremendous amount of responsibility and pressure to successfully train the next generation of law enforcement. This pressure, coupled with an insufficient number of available trainers in the cadres, contributed to a consistent pattern of burnout in the position. However, there were trainers who felt that their agency provided enough support for them to remain in the role, despite their fatigue. There were also both positive and negative perceptions of field training from a trainee point of view. Although all trainees recognized the importance of field training, many felt unprepared for the shift from academy learning to hands-on learning. Those trainees with the most positive views of field training shared that their agencies clearly stated expectations for the program, supported the trainers and the trainees, and encouraged open and honest feedback.

Further research should explore standardization of field training programs, career outcomes of trainees as a result of their trainer, effective incentives for trainers, and methods of pairing trainers and trainees. It is our hope that this study will provide helpful information to the law enforcement field regarding FTO programs. We also hope that it will serve as a stepping stone to further analysis that will aid law enforcement agencies in improving FTO programs, thus improving the communities they serve.

Arlington, VA: CNA, 2021. 50p.

Final Report: Independent Audit of the City of Little Rock Police Department

By Tom Christoff, Benjamin Carleton, and Theron Bowman

The ability of a police department to act in a fair and just manner is vitally important to creating internal and external trust, which in turn increases the perception of legitimacy by those who work for the department and those the department serves. Law enforcement agencies across the U.S. have faced increased scrutiny from the public in the last several years, with the events of 2020 exacerbating already simmering community relationships. The City of Little Rock has experienced recent issues of internal and external legitimacy stemming from the officer-involved shooting of Bradley Blackshire, a Black man, who was killed by a Little Rock Police Department (LRPD) officer in February 2019. The incident, in which Mr. Blackshire was fired upon at least 15 times, led not only to backlash from the public, but also internal strife within the LRPD. Since the February 2019 incident, the City of Little Rock, LRPD, the Chief of Police, and other members of LRPD have been the subjects of various lawsuits. In response to calls from members and leadership of the LRPD for an investigation, the City of Little Rock, through a competitive bid, selected CNA’s Center for Justice Research and Innovation to conduct an independent audit of the LRPD. This report details the findings and recommendations of this targeted audit of the LRPD. The audit team used a variety of sources, including policies, training records, administrative data, and focus groups and interviews with LPRD personnel to assess the department. Throughout this report we identify both strengths and weaknesses of LRPD’s operations with in the following areas:

  1. Personnel policies and procedures

  2. Training and professional standards

  3. Accountability system data

  4. Performance evaluations

  5. Promotional process

  6. De-escalation

  7. Cultural competency

  8. Harassment

  9. Nepotism

  10. Handling of private and confidential information

  11. Early Intervention System

  12. Body-worn cameras

  13. Vehicle pursuits

  14. Asset forfeiture

  15. Take-home vehicle

Overall, this assessment will help LRPD standardize processes and metrics related to these topic areas, ultimately improving officers’ and community members’ levels of trust in the department.

Arlington, VA: CNA, 2021. 104p.

Final Report: Racial Bias Assessment of the North Charleston, South Carolina, Police Department

By Zoë Thorkildsen, Bridgette Bryson, Emma Wohl, Kalani Johnson, Rodney Monroe, and Steve Rickman 

In late 2020, the City of North Charleston hired CNA to conduct a racial bias assessment of the North Charleston Police Department (NCPD). Beginning in March 2021, CNA undertook a comprehensive assessment of NCPD’s policies and practices, focusing on assessing racially biased practices and procedures. Assessments such as these, which touch on more than racial and social justice matters, help police departments gauge the status of their community relationships, especially amongst minority and disenfranchised communities. In addition, the assessment can help identify policies and practices that may unintentionally negatively affect the community, especially those who feel they have been marginalized. Through this assessment, the CNA team developed a strong objective understanding of NCPD’s operations in various areas including law enforcement operations, community-oriented policing practices, complaints, training, oversight and accountability, and recruitment, hiring, and promotions. We developed this report by reviewing community engagement programming documents, strategic plans, training lesson plans, training curriculum, general orders, department data, and sentiments from interviews with community members and NCPD personnel and community listening sessions. This report includes findings and associated actionable recommendations for the department. In developing our recommendations, we assessed the NCPD’s policy manual against emerging best practices.

CNA’s comprehensive assessment of NCPD included an examination of the following:

  • Law enforcement operations

  • Community-oriented policing practices

  • Complaints

  • Recruitment, hiring, and promotions

  • Training

  • Oversight and accountability

This assessment includes 67 findings and 139 recommendations. Our key findings include:

  • Racial disparities are present in many of NCPD’s interactions with the community, indicative
    of potential systemic, organizational, or individual bias, and these disparities are deeply felt
    by the community.

  • Community members have substantial concerns regarding NCPD’s police presence and
    perceived over-enforcement of certain individuals, community groups, and neighborhoods.

  • NCPD’s School Resource Officer Program has room to improve to better serve the youth of
    the North Charleston community.

  • NCPD lacks proper translation services and information for Spanish-speaking residents in the
    community.

  • Although NCPD emphasizes community-oriented policing practices, not all officers in the
    department have embraced the importance of community policing.

  • Members of the North Charleston community have expressed a desire to better understand
    the roles, responsibilities, policies, practices, and operations of the department.

  • Many community members have not filed complaints even after negative experiences with
    NCPD personnel, and the complaint process is confusing to most.
    • NCPD has a strong commitment to hiring and retaining personnel that reflect the ethnic,
    racial, and gender composition of the North Charleston community. They have an established
    plan to specifically recruit women and people of color.

  • NCPD’s officers have not been consistently trained in topics of critical importance for 21st
    century policing.

  • Community members expressed high confidence in Chief Burgess and his abilities to
    meaningfully engage with the community.

Arlington, VA: CNA, 2021. 124p.

Exposing the Gap Between PRC Rhetoric and Illicit Maritime Activity: Summary Report 

By Ryan Loomis and Heidi Holz

In recent years, persons, vessels, and corporations based in or tied to the People’s Republic of China (PRC) have reportedly engaged in illicit maritime activities around the globe. These alleged illicit activities are at odds with Beijing’s stated policies about how PRC actors should behave in the transnational maritime domain. According to these policies, PRC actors should do the following while operating in the transnational maritime domain:

  • Abide by the United Nations Convention on the Law of the Sea (UNCLOS), under Article 94 of which, flag states such as the PRC are responsible for (1) ensuring that vessels flying the PRC flag comply with the maritime laws to which Beijing is a party, and (2) holding violators accountable.

  • Abide by local laws and regional frameworks

  • Combat illegal, unregulated, and unreported (IUU) fishing

  • Safeguard the marine environment

To develop a better understanding of the contradictions between Beijing’s official rhetoric and the illicit international maritime activities of PRC state and nonstate actors, CNA examined 15 cases in which PRC actors were accused of carrying out illicit activities in the maritime domain between 2018 and 2021. The incidents occurred in the maritime areas surrounding SoutheastAsia, the Atlantic coast of Africa, and the Pacific Island countries. Our key findings are discussed below.

Key Findings

Some PRC actors are engaged in a variety of illicit international maritime activities around the world. Among the 15 cases we examined, PRC actors were accused of being involved in the following types of illegal activities in violation of multiple national, regional,
and international laws, regulations, or provisions:

  • Engaging in illegal, unregulated, and unreported (IUU) fishing practices that threaten ocean ecosystems and sustainable fisheries

  • Intentionally ramming foreign vessels, damaging the vessels and endangering their crews

  • Using forced labor aboard fishing vessels and engaging in human smuggling

  • Discharging marine pollution from vessels and land-based sources, harming the marine environment and injuring local citizens

  • Tampering with electronic tracking or monitoring devices to “go dark” so that vessels can engage in illicit activity without being tracked

  • Illegally entering and operating in other countries’ jurisdictional waters 

Arlington, VA: CNA, 2021. 94p.

Final Report: 21st Century Policing Assessment of The San Jose Police Department

By Thomas Christoff, Jessica Dockstader, Monique Jenkins, Cody Stephens

Recognizing the urgent need for transparency, accountability, and legitimacy, the San José Independent Police Auditor—through a competitive bid—selected CNA’s Center for Justice Research and Innovation to complete an assessment of the San José Police Department’s (SJPD) implementation of recommendations and action items found within the President’s Task Force on 21st Century Policing report, published in 2015. This work coincided with an assessment of the SJPD’s use of force and was completed by members of the same team. The 21st Century Policing assessment focused on the six areas found within the Task Force’s report:

  • Building Trust and Legitimacy

  • Policy and Oversight

  • Technology and Social Media

  • Community Policing and Crime Reduction

  • Training and Education

  • Officer Wellness and Safety

In this executive summary, we present a summary of the findings of our assessment and a summary of the key recommendations offered to SJPD and the city. We encourage interested individuals to read the details in the body of this report, where they will find the complete assessment of all recommendations and action items, and detailed supporting evidence for our findings and recommendations. See Appendices C and D for the full list of findings and recommendations.

Arlington, VA: CNA, 2022. 162p.

Final Report: Use of Force Assessment of the San José Police Department

By Daniel S. Lawrence, Tom Christoff, Zoë Thorkildsen

Recognizing the urgent need for transparency, accountability, and legitimacy, the Mayor and City Council of San José, California directed staff to obtain an assessment of the San José Police Department’s (SJPD) use of force. CNA’s Center for Justice Research and Innovation was chosen through a competitive bid process coordinated by the Independent Police Auditor (IPA). This work coincided with an assessment of the SJPD’s efforts to bring the department in line with the recommended best practices promoted in the President’s Task Force on 21st Century Policing report and was completed by members of the same team. The use of force assessment focused on four key areas:

  • A review of the SJPD’s use of force policies, procedures, training, and events.

  • An examination into the characteristics of use of force events, including disparity across racial and ethnic groupings.

  • The impact COVID-19 and social justice movements for policing reform had on calls for service and use of force.

  • Disparity in use of force behaviors and sustained injuries across racial and ethnic groupings.

In this executive summary, we present a summary of the findings of our assessment and a summary of the key recommendations offered to SJPD and the city. We encourage interested individuals to read the details in the body of this report, where they will find detailed the supporting evidence associated with our 39 findings and 51 recommendations. See Appendix B for the full list of findings and recommendations.

Arlington, VA: CNA, 2022. 110p.

Minneapolis Police Department and Emergency Communications Center: Staffing and Operations Assessment and Review of Problem Nature Codes

By Zoë Thorkildsen, Bryce Peterson, Keri Richardson, Monique Jenkins, Allie Land, Jocelyn Cox, Bill Komiss, and Ed Flynn

Goals and Objectives

This analysis will achieve the following:

  • Recommend staffing resources that can effectively and efficiently meet the demand for service.

  • Review internal business processes and identify gaps and areas for improvement.

  • Inform needs for resource allocations that are aligned with City needs and demand for public safety services.

  • Position the MPD for future success by providing the tools to further adapt staffing and processes to future changes in demand for service.

Areas of Focus and Approach

Our report is organized into four major focus areas: staffing analysis, operations analysis, and problem nature code analysis, and business processes analysis.

Staffing Analysis

Using a workload-based approach, CNA produced estimates of the staffing required to support the MPD’s current patrol workloads and evaluated the use of different shift lengths. In addition, we analyzed breakouts by specific call response types to estimate the effects of changing response policies (e.g., implementing alternate response models for mental health calls and property crimes) on staffing needs.

Operations Analysis 

Using data collected from personnel interviews as well as review of the literature and peer agency practices, CNA assessed MPD operations and policies, including the use of one- versus two-person patrols, relative levels of civilianization, alternative response models (which also have implications for the staffing analysis), and information technology enterprise system use.

Problem Nature Code Analysis

Using calls-for-service data, including 9-1-1 call data, CNA reviewed the use of problem nature codes in the MECC using an exploratory descriptive analytical approach.

Business Process Analysis

Using information from personnel interviews as well as review of operational documents, CNA assessed business processes in the MECC, Patrol Bureau, specialty units, and the investigative functions at MPD. We used a process mapping and pain points identification approach to map how business processes currently function and areas to improve the effectiveness and efficiency of these processes.

Across each of these focus areas, CNA relied on both quantitative and qualitative data from the MPD and MECC. These data sources included calls-for-service and 9-1-1 call data from 2016 through 2020, staffing data, documentation of MPD and MECC policies and procedures (including training materials), and information gathered through interviews with MPD and MECC personnel. Data sources and analytical techniques are described in more detail in each of the sections below.

For most of the quantitative analyses in the report, we used data from 2016 through 2020. As a result of the COVID-19 pandemic as well as changes in policing practice and policy after the death of George Floyd, policing response in 2020 differed from preceding years in substantive ways. Specifically, in Minneapolis as well as other cities across the country, nearly all measures of police activity were lower in 2020. However, we included 2020 in our analyses for the following reasons:

  • Despite being unusual, 2020 represents the most recent year of data available at the time we performed analysis, and timely data are almost always preferable to older data.

  • For the majority of our analyses, we relied on a five-year period of data, and thus the inclusion of 2020 did not drive the results.

  • Trends seen in 2020 continued into 2021 for agencies nationwide; it is unclear whether or when police activity levels will return to pre-2020 levels, so to discount 2020 data as irrelevant would be improper.

Overview of the Report

This report contains six sections, including this introductory section. Following this section are sections presenting analysis, findings, and recommendations related to the staffing analysis, operations analysis, problem nature code analysis, and business processes analysis. The report closes with a brief conclusion section.

Arlington, VA: CNA, 2022. 84p.

Community Policing Evaluation of The City of Tulsa, Oklahoma

By Hildy Saizow, Valerie Schmitt, Bridgette Bryson, Rodney Monroe, and Steven Rickman

Community collaboration is at the heart of policing in the 21st century. Based on this premise, the City of Tulsa developed 77 recommendations for implementing community policing in its jurisdiction. These recommendations closely followed the substance and format of The Final Report of The President’s Task Force on 21st Century Policing, a national report developed by policing experts and community collaborators in 2015. In order to determine whether the Tulsa Police Department (TPD) is making progress in this area, the City of Tulsa hired CNA’s Center for Justice Research and Innovation to conduct a community policing evaluation; the project started in November 2020. CNA used the community-based participatory action research (CBPAR) model as the basis of the evaluation approach to promote the inclusion of input from a diverse range of TPD officers and community stakeholders from across the City of Tulsa. Four Tulsans with experience working with different community groups served as community co-researchers on the evaluation team. The goal of the Tulsa Community Policing Evaluation was to gain an objective and in-depth understanding of TPD’s community policing practices. More specifically, the evaluation was designed to determine whether TPD has made progress in collaborating with the community, identify what community policing should look like in Tulsa, and develop a roadmap for how to achieve the community policing vision. A key part of the evaluation was a community consultation process to get input, insights, and perspectives on policing and community safety issues. The process included individual interviews, focus groups, community meetings and dialogues, and a community survey. The evaluation also involved the collection and review of documents pertaining to community policing and an analysis of crime, calls for service, demographic, and complaint data. This report presents insightful findings about community policing and actionable recommendations that TPD and the City of Tulsa can implement in order for TPD to become an effective and forward-leaning community policing organization. The 54 recommendations found in this report are organized by the six 21st Century Policing pillars—building trust and legitimacy, policy and oversight, technology and social media, community policing and crime reduction, training and education, and officer wellness and safety. These recommendations are based on the insights and perspectives learned through the community consultation, findings of The Final Report of the President’s Task Force on 21st Century Policing, the evaluation team’s knowledge of best practices and their experiences working in police agencies nationwide, and police reforms in cities where reforms are driven by teams of policing experts and criminal justice researchers.

Our key evaluation findings include the following: TPD has made positive changes and progress in many areas, including support for crime victims, relations with Hispanic community members, body-worn camera implementation, formation of the Community Engagement Unit, creation of Community Advisory Boards (CABs), implementation of new collaborative partnerships, and establishment of the Tulsa Sobering Center (TSC) as a jail diversion program. TPD’s current emphasis on the term “collaborative policing” sets just the right tone for community policing in Tulsa. Officers and community members alike express that trust in policing is lower in marginalized communities. There are widespread perceptions in the community that TPD engages in disparities in how Black neighborhoods and individuals are treated. Many community members expressed frustration, saying that they know very little about the department’s decisions and changes, and that they would like to see more transparency in many areas of TPD’s operations. The creation of CABs is an important step forward, but the boards lack community leadership and transparency. TPD’s performance evaluation system does not currently reflect the principles and practices of collaborative policing. TPD can use technology solutions to benefit community policing efforts. TPD does not currently have an accessible, dynamic, searchable website to provide information to the public. Many officers do not see community policing as part of their job. Community members expressed that TPD officers do not engage in enough casual, non-enforcement interactions with the community. TPD has a wide range of training courses relevant to community policing but lacks an overall vision and process to integrate training courses across training domains to support a holistic approach to community policing. Officer wellness programs and proactive activities support more effective community engagement.

Arlington, VA: CNA, 2022. 120p.

Fair and Impartial Policing Assessment of the East Lansing Police Department

By Rachel Johnston, Daniel S. Lawrence, Benjamin Carleton, Harold Medlock, Thomas Christoff, Keri Richardson, and Scott E. Wolfe

The ability of a police department to act in a fair and just manner is vitally important to creating internal and external trust, which in turn increases the perception of legitimacy by those who work for the department and those the department serves. Law enforcement agencies across the US have faced increased scrutiny from the public in the last several years, with the events of 2020 exacerbating already simmering community relationships. The City of East Lansing, through a competitive bid process, selected CNA’s Center for Justice Research and Innovation to conduct an assessment of fair and impartial policing in the East Lansing Police Department (ELPD). This report details the findings and recommendations of this assessment of the ELPD. The assessment team used a variety of sources, including policies, training records, administrative data, employee surveys, and interviews with ELPD personnel to assess the department. Throughout this report we identify both strengths and weaknesses of the ELPD’s operations within the following areas:

  1. Organizational Justice and Culture

  2. Community Relations, Interactions, and Perspectives

  3. Training and Technology

  4. Traffic Enforcement

  5. Use of Force and Complaints

  6. Early Intervention System

In this executive summary, we present a summary of the findings of our assessment and a summary of the key recommendations offered to the ELPD and the city. We encourage interested individuals to read the details in the body of this report, where they will find detailed the supporting evidence associated with our 72 findings and 92 recommendations. See Appendix E for the full list of findings and recommendations. Through review of policy, procedures, and practices, as well as collected and analyzed data, the assessment team discovered the following key findings:

Summary of Key Findings

ELPD Data

  • The manual entry of information into the ELPD use-of-force report creates data inconsistencies.

  • The ELPD does not collect all necessary information important to use-of-force events.

  • The method ELPD uses to record information pertaining to uses of force does not allow for each specific combination of event, involved officer, type of force, sustained injuries, and involved community member to be assessed.

  • Demographic information collected during a traffic stop cannot easily be connected to traffic stop information in the calls-for-service database.

Organizational Justice and Culture

  • Several ELPD policies appear to use boilerplate language that is not sufficiently tailored to ELPD.

  • Several ELPD policies are poorly written.

  • Some ELPD policies include language that serves as an accountability escape clause.

  • Some ELPD processes rely on the discretion of the Chief of Police, which at times may be unnecessary or inappropriate.

  • Morale among ELPD employees is reported to be low.

  • About half of ELPD survey respondents feel that ELPD’s procedure for investigating complaints is not a fair process.

Community Relations, Interactions, and Perspectives

  • ELPD Policy 300-21 (Interacting with People Who Have Mental Illness/EIP) requires significant revision.

  • ELPD Policy 400-11 (Juvenile Matters) predominantly focuses on processes and considerations for juvenile suspects and does not adequately explain processes and considerations for juvenile victims and witnesses.

  • ELPD Policies 100-12 (Media Relations/Officer Involved Critical Incident Information Sharing) and 47-13 (Social Networking/Social Media) do not indicate whether ELPD operates any official social media accounts or what the protocols would be for the operation of such accounts.

  • ELPD Policy 3-20 (Civil Disorders) requires significant revision. The current policy includes outdated practices and is not consistent with best practices.

  • Several ELPD survey respondents noted that they often do not feel supported by community groups and local stakeholders.

  • Trust between community and police could further be strengthened.

  • The community perceives a disconnect between the ELPD and the City Council and Independent Police Oversight Commission.

  • The ELPD staffing may not be adequate for the current requirements and future community initiatives.

Training and Technology

  • Less Lethal and Defensive Tactics are high liability and should be addressed separately in policy.
    The firearms training and assessment policy language is unclear, and it does not specifically state what encompasses the firearms training and assessment program.

  • ELPD Policy 100-21 (Annual In-Service Training) has numerous areas that could use improvement and strengthening.

  • Overall, ELPD Policy 300-22 (Mobile Video Recorder) does provide a framework for the department’s operations but could be improved in areas such that would strengthen clarity for procedures related to transparency and accountability.

  • Overall, many of the policies related to technology are vague and left room for ambiguity and alternative interpretation.

  • Several ELPD survey respondents feel that training could be improved to help officers be prepared for some of the critical situations they face in the field.

  • The East Lansing Diversity, Equity, Inclusion training provided at the City level by Truth & Titus was a missed opportunity for police staff.

Traffic Enforcement

  • ELPD Policy 300-26 ([Traffic] Enforcement Options) is very comprehensive and provides good direction to officers.

  • White drivers accounted for the majority of traffic stops from August 2021 to July 2022, although Black drivers were the second-most stopped individuals. The number of traffic stops declined from August 2021 to July 2022 by similar degrees across each racial group of the driver.

  • The amount of stops by race relative to the population indicates that Black drivers are stopped to a greater extent than White drivers; however, the “veil of darkness” analysis finds that Black drivers are stopped by a statistically nonsignificant magnitude of 1.08 compared to non-Black drivers. Furthermore, the risk of being stopped as a Black driver during the daylight portion of the inter-twilight period is similar to stops for Black drivers made during the dark period, and this difference is not statistically different when compared to all other drivers.

Use of Force and Complaints

  • ELPD Policy 100-3 (Complaint Intake and Management) requires significant revision, as the policy does not adequately and clearly describe the complaint intake and management process.

  • ELPD Policy 12-20 (Response to Resistance) positively emphasizes the sanctity of life and the importance of de-escalation, but the policy can go a step further.

  • ELPD Policy 12-20 (Response to Resistance) problematically allows for the use of head stabilization.

  • Eighteen percent of ELPD officers were involved in three or more complaints during the period analyzed.

  • Twenty-two percent of ELPD officers were involved in 7.5 or more use-of-force events per year during the period analyzed.

  • One-quarter of the use-of-force events involved disorderly conduct or a mental health investigation, while arrests that involved offenses against family and children, burglary/home invasion, and obstruction-type events each resulted in a use of force more than 50 percent of the time.

  • The ELPD predominately uses low levels of force in its use-of-force events; 62 percent of the types of uses of force involved either a handcuffing, a control hold or takedown, or other physical contact. However, the other largest type of use of force, which accounted for 24 percent, was a weapon display.

  • Black community members are arrested more frequently than would be predicted based on their proportion of the East Lansing population compared with White community members. Among those arrested, use-of-force levels were slightly elevated for Black community members compared with White community members. However, when controlling for event characteristics and demographics in more rigorous statistical analyses, these differences are not observed.

Early Intervention System

  • The ELPD’s aggregate-threshold approach to its early intervention system (EIS) is overall reasonable given agency characteristics.

  • Despite being considered wellness oriented, the ELPD’s EIS approach has the potential to be considered disciplinary.

  • The ELPD unnecessarily limits the input of officers’ direct supervisors in evaluating and acting upon an EIS alert.

  • The ELPD’s EIS approach can be expanded to include a peer-comparison element.

  • ELPD Policy 200-7 (Early Warning System) should be revised.

  • The training on EIS focuses on the technical process of navigating the Guardian Tracking software.

Arlington, VA: CNA, 2022. 145p.

Issue Brief: The Use of Predictive Analytics in Policing

By Benjamin Carleton, Brittany Cunningham, Zoe Thorkildsen

Policing is an evolving field; law enforcement agencies are being asked to do more with limited resources, forcing agencies and their relevant stakeholders (e.g., policy makers, other justice system agencies, community organizations) to continuously look for new ways to reduce crime, keep communities safe, and effectively allocate resources. The use of predictive analytics has evolved in the last several decades as a promising response to reduce and prevent crime. Predictive analytics in policing “is a data-driven approach to characterizing crime patterns across time and space and leveraging this knowledge for the prevention of crime and disorder” (Fitzpatrick et al. 2019). Traditionally, law enforcement agencies have operated using primarily reactive measures, such as rapid responses to 911 calls, random patrols, and a greater focus on criminal investigations (Brayne 2017; Fitzpatrick et al. 2019). To operate more proactively, agencies have increasingly employed predictive analytics that informs crime prevention strategies. For example, agencies across the US have implemented a number of strategies (e.g., hot spot detection, targeted offender lists, and risk terrain modeling) and software programs that use a variety of predictive analytics to forecast where and when crimes are most likely to occur and to identify offenders and groups or individuals at risk of becoming victims of crimes. Predictive analytics builds on traditional crime analysis practices (e.g., identification of crime trends and patterns). In addition to identifying crime trends and patterns based on crimes that have already occurred, predictive analytics goes a step further, forecasting where and when crime is likely to occur or who is likely to be involved in criminal behavior. It equips agencies with knowledge (i.e., data) to help inform where they should target police operations and resources. Agencies can use this knowledge to operate more efficiently and effectively in their crime reduction efforts and resource allocations. It is important to understand that predictive analytics cannot tell the future very well. These predictions rely on past data and assume that future criminal activity will be similar to that reflected in extant data (sometimes factoring in anticipated future changes). This reliance on past data also means that predictive techniques can reinforce systemic bias, racial and otherwise, present in past justice system actions. The objective of this brief is to provide an accessible resource for law enforcement agencies and their stakeholders (e.g., crime analysts, policy makers, and researchers) interested in learning more about the role of predictive analytics in police operations. Specifically, this brief offers the following:

  • Summarizes the use of predictive analytics to inform policing operations

  • Distinguishes between approaches to predictive analytics (person-based and place-based)

  • Highlights the emergence of machine learning algorithms as a preferred predictive analytics technique

  • Delineates considerations and limitations brought forth in recent literature that law enforcement agencies must consider when using predictive analytics to reduce and prevent crime

  • Summarizes several research studies and real-world policing initiatives as examples of how the use of predictive analytics can inform policing practice

Arlington, VA: CNA, 2000. 32p.

Racial Bias Audit of the Albany, New York Police Department

By Zoë Thorkildsen, Bridgette Bryson, and William “Bill” Taylor

Over the last decade, the Albany Police Department (APD) has pushed forward to engage the community in a positive manner, moving towards a mission that is focused on community policing practices. During this time, the Community Policing Review Board and the Common Council have recommended police reforms and legislation changes to further improve the police department, and they have called for change to address perceived disparate treatment of minority communities. Following recent high-profile events, including the First Street Incident and the shooting of Mr. Ellazar Williams, APD has striven to improve their transparency and implement initiatives to increase community trust. Both of these incidents, along with the eruptions of public protests across the country, led the City of Albany to initiate an evaluation of policy, procedures, and practices of the police department. In addition, this audit will provide baseline information to inform the City of Albany’s response to Governor Andrew M. Cuomo’s Executive Order No. 203: New York State Police Reform and Reinvention Collaborative. In August of 2020, the City of Albany, through a competitive bid, selected the CNA Center for Justice Research and Innovation to conduct a racial bias audit of the APD.
The objectives of CNA’s racial bias audit included:

  • Assess and monitor APD’s internal operations, policies, procedures, and practices to detect the presence of implicit bias and systemic racial bias.

  • Collect and analyze data related to traffic stops, use of force, and other police officer/civilian interactions and determine the effect on Black community members.

  • Assess compliance with existing police reform policies initiated by APD and enacted by the Albany Common Council (e.g., body-worn cameras (BWCs), Right to Know Identification Legislation, and Citizen Police Review Board).

  • Provide actionable recommendations for reforms that eliminate racial and implicit biases in policing deployments, strategies, policies, procedures, and practices. Such recommendations must:

    • Promote community engagement, transparency, professionalism, accountability, community inclusion, fairness, effectiveness, and public trust; and

    • Be guided by evidence-based best practices and community expectations. 

Based on CNA’s review of policy, procedures, and practices, as well as data provided by the APD, our key findings included:

  • APD should improve data collection procedures for traffic stop data.

  • Prior to the deployment of BWCs to detective personnel and future units, APD should update its BWC policy to reflect emerging best practices. 

  • Statistical differences by outcome of police stops are evident when comparing white people to people of color, further fueling community concerns about resisting arrest charges.

  • Black community members initiate the majority of external complaints and civil rights lawsuits filed.

  • APD personnel do not fully understand the community complaints process and how or when possible disciplinary actions could take place.

  • The community complaints process is convoluted and poorly understood by community members, leading to mistrust and a perceived lack of procedural justice.

  • APD should update its use of force policy so that officers better understand when they can or cannot use various forms of force.

  • APD should make annual reports detailing use of force incidents publicly available to community members in the city.

  • APD’s philosophy and culture have a strong focus on community policing practices; APD should reinforce this message to all personnel.

  • APD should review the structure of the Neighborhood Engagement Unit and School Resource Officers for efficiency and effectiveness.

  • APD’s website could benefit from a modern reconstruction so that each embedded page is easily accessible and allows community members to easily find current information on the organization and projects they are working on.

  • The diversity of APD personnel does not reflect the racial makeup of the City of Albany.

  • APD should review its recruitment and hiring practices and begin releasing annual reports on this data.

  • The promotional process is of concern to personnel; APD should track this process in a database and standardize the performance evaluation process.

  • APD should complete and house its annual reports of data designated in various General Orders on its website for easy access by all community members.

  • APD participates in a long list of programs and should seek evaluations of these programs to determine their effectiveness and help allocate resources among them.

  • There are community concerns that past proposed reforms have not been implemented, along with concerns that officers do not live in the City of Albany.

  • The annual in-service training curriculum should be updated to include various topics, including but not limited to racial bias and cultural sensitivity training.

  • Training is not consistent across the department, and personnel feel they need more training to sufficiently do their jobs.

Over the next year, APD will work with the City of Albany and community leaders to understand, prioritize, and implement the recommendations proposed in this report, reflecting their dedication to improving community trust. We recommend that APD and the City of Albany seek an independent firm to help implement these recommendations and track APD’s progress.

Arlington, VA: CNA, 2020. 116p.

Racial Bias Audit of the Niskayuna New York Police Department

By Bridgette Bryson and Zoë Thorkildsen

Law enforcement agencies across the country continuously face challenges due to the ever-changing nature of policing, especially with recent events including the deaths of George Floyd and Breonna Taylor. These recent events have called into question the objectivity and fairness of policing practices. These developments  signal a need for strengthened police-community relations, and the Town of Niskayuna, New York, and the Niskayuna Police Department (NPD) are working hard to ensure their community has positive relationships with their police department. This audit provides baseline information to inform the Town of Niskayuna’s response to Governor Andrew M. Cuomo’s Executive Order No. 203: New York State Police Reform and Reinvention Collaborative.1 In December of 2020, the Town of Niskayuna developed a contract with CNA’s Center for Justice Research and Innovation to conduct a racial bias audit of the NPD. This assessment focused on  policies and practices, while also touching on more than racial matters. These types of assessments can help police departments gauge the status of community  relationships and work towards improvement. CNA designed this racial bias audit to accomplish the following:

  • Assess NPD’s internal operations, policies, and procedures to detect the presence of implicit bias and systemic racial bias.

  • Collect and analyze data related to traffic stops, use of force, and other police officer/civilian interactions to determine disparate outcomes for Black and Brown community members.

  • Assess compliance with existing police reform policies initiated by NPD.

  • Provide actionable recommendations (e.g., realistic within legal, budgetary, and organizational constraints) for reforms that reduce or eliminate racial and implicit biases in policing deployments, strategies, policies, procedures, and practices. These recommendations focus on specific, measurable issues. Such recommendations must meet the following requirements:

    • Promote community engagement, transparency, professionalism, accountability, community inclusion, fairness, effectiveness, and public trust; 

    • Be guided by evidence-based best practices and community expectations; and 

    • Are likely, given meaningful organizational support, to reduce or eliminate racial and implicit biases in policing deployments, strategies, policies,  procedures and practices.

Based on CNA’s review of policies, procedures, and practices, as well as data provided by the NPD, our key findings included the following:

  • NPD’s traffic stops data collection process should be refined to help the department further understand its activity for all outcomes and why the activities may look different over time.

  • NPD lacks body-worn cameras (BWCs) for its officers and should obtain funding to outfit all officers, patrol officers at a minimum, with the cameras.

  • NPD’s complaint process is not clearly written and is poorly understood by officers and community members. NPD should clarify the process and structure it to be open and transparent.

  • Currently, there is no disciplinary matrix in place to make certain that officers receive equitable discipline outcomes, to ensure there are no disparities among discipline across race, ethnicity, and gender.

  • NPD does not utilize an early intervention system to identify behavioral issues, signs of job exhaustion, and training concerns that could be handled in a proactive manner before an issue arises.

  • NPD’s newly revised use of force policy is a very clear and detailed policy that defines when different types of force are justified.

  • Currently, there is no formal tracking system for use of force incidents other than the department’s paper filing system. Creating a database to track these incidents will allow the department to begin developing annual summary reports of all use of force in the department.

  • NPD currently does not have a strong commitment to community policing practices; however, personnel are very interested and open to working to employ proactive policing strategies, as opposed to reactive.

  • NPD does not have designated personnel that oversee the department’s community engagement efforts; however, this has not weakened the trusting relationship expressed by community members and NPD officers.

  • NPD personnel have not received sufficient training in the past; however, the new administration is prioritizing training for all officers in various topic areas.

  • There are no formal recruitment plans in place, especially for people of color, women, and youth in the community.

  • NPD personnel lack trust in the promotion and specialty assignment process.

  • NPD does not have a performance evaluation process in place; not all officers receive informal feedback on their performance.

Over the next 12 to 18 months, NPD will work with the Town of Niskayuna officials and community leaders to digest, prioritize, and implement the recommendations proposed in this report, reflecting its dedication to improving community trust, eliminating racial disparities and bias, providing more transparency, and creating a collaborative working environment. We recommend that the NPD and the Town of Niskayuna seek an independent firm to help implement the proposed recommendations and track NPD’s progress. 

Arlington, VA: CNA, 2021. 88p.

Bridging The Gap: Virtual Roundtable Discussions on Racial Injustice and Police Community Relations

By CNA

In May 2020, the death of George Floyd at the hands of a Minneapolis police officer shocked the nation. Recorded footage brought the image of his death to millions of people, and they responded as never before. As the summer unfolded, protests were organized in communities all across the nation, with people of all racial and ethnic backgrounds, young and old alike, marching together asking for police reform and sharing concerns over police brutality and systemic racism. In response, police reform proposals were introduced at the federal and state levels, with more than 30 states considering legislative changes on police practices and accountability. At the local level, government and police officials began proposing changes to police policy and practice, enacting bans on chokeholds, and promoting de-escalation training. In the City of Antioch, hundreds of concerned community members voiced their opinions on race relations and policing reform during three City Council meetings in June 2020. The issues they raised were wide ranging, including systemic racism, body-worn cameras, and police recruitment, training, and accountability. In response, the Antioch City Council decided to hold a series of roundtable discussions called Bridging the Gap to hear the perspectives of additional community members and learn more about the kinds of changes in policing the community desired. The City wanted to better understand the community’s perspectives on racial injustice and police-community relations and to identify ways to address them. CNA, an independent national research and analysis firm, was hired to organize and facilitate these roundtable discussions. Major incidents involving police can and have happened all around the country. As we were writing this report, we learned that they can happen in Antioch, too. During our initial conversations to understand the goals of the Bridging the Gap sessions, we often heard that Antioch was holding community dialogues because of things that happened in other places. Recently, an interaction between a young man and Antioch police officers ended in the death of the young man. Although it may be too soon to determine the circumstances that lead to his death, the timing of this incident should serve as a cautionary tale for other departments. The policing issues in Antioch are national, and the national issues matter in Antioch. 

Process: CNA, through its Center for Justice Research and Innovation, began planning the roundtable discussions in November 2020. As a nationally recognized leader in justice systems research, police-community relations, and police  reform efforts, CNA brought significant technical skills and a deep understanding of community policing, the intersection of race and policing, and evidence-based policing to the project. For over a decade, CNA has worked with more than 400 police departments to assess their operations, recommend changes based on best practices, and provide the technical assistance needed to implement change.

Arlington, VA: CNA, 2021. 60p

Secret Service's Preparation for, and Response to, the Events of January 6, 2021 [redacted]

United States. Department Of Homeland Security. Office Of Inspector General

From the document: "The United States Secret Service (Secret Service) planned and conducted protective operations at several sites on January 6, 2021, including the Capitol, and took actions to assist the United States Capitol Police (USCP). We initiated this review to evaluate the Secret Service's preparation for, and response to, the events of January 6, 2021. [...] We conducted this review to evaluate the Secret Service's preparation for, and response to, the events of January 6, 2021. [...] We made six recommendations to improve the Secret Service's policies and processes for planning and responding to similar events."

United States. Department Of Homeland Security. Office Of Inspector General . 31 Jul, 2024 .

Using Artificial Intelligence and Quantum Computing to Enhance U.S. Department of Homeland Security Mission Capabilities

By Robles, Nicolas M.; Alhajjar, Elie; Geneson, Jessie; Moon, Alvin; Adams, Christopher Scott; Leuschner, Kristin; Steier, Joshua

From the webpage description: "Building on research on quantum machine learning, researchers investigated the effect of quantum-enhanced artificial intelligence within the context of the six U.S. Department of Homeland Security (DHS) missions. For each mission, the authors illustrate how quantum boosts could help DHS perform its computational duties more efficiently. They also explain some situations in which quantum computing does not provide benefits over classical computing. Last, they provide recommendations to DHS on how to leverage quantum computing. This paper should be of interest to policymakers, researchers, and others working on quantum computing or artificial intelligence."

RAND CORPORATION. 27 AUG, 2024.

CISA Analysis: Fiscal Year 2023 Risk and Vulnerability Assessments

By United States. Cybersecurity & Infrastructure Security Agency

The following passage from the document contains multiple links embedded in the text: "The Cybersecurity and Infrastructure Security Agency (CISA) conducts Risk and Vulnerability Assessments (RVAs) for the federal civilian executive branch (FCEB), high priority private and public sector critical infrastructure (CI) operators, and select state, local, tribal, and territorial (SLTT) stakeholders. Concurrently, the United States Coast Guard (USCG) conducts RVAs on maritime CI operated by SLTT and private-sector organizations. The RVA is intended to assess the entity's network capabilities and network defenses against known threats. In Fiscal Year 2023 (FY23), CISA and the USCG conducted a combined total of '143' RVAs across multiple CI sectors. [...] The goal of the RVA analysis is to develop effective strategies to improve the security posture of FCEB, CI, maritime, and SLTT stakeholders. During each RVA, CISA and the USCG collect data through remote and onsite actions. This data is combined with national threat and vulnerability information to provide organizations with actionable remediation recommendations prioritized by risk of compromise. CISA designed RVAs to identify vulnerabilities threat actors could exploit to compromise network security controls. After completing an RVA, CISA and the USCG provide the assessed entity a final report that includes recommendations, specific findings, potential mitigations, and technical attack path details. The FY23 reports provided these general observations: [1] Assessors completed their most successful attacks via common methods, such as phishing, valid accounts, and default credentials. [2] Assessors used a variety of tools and techniques CISA has captured in previous RVA analyses to successfully conduct common attacks. [3] Many organizations across varying CI sectors exhibited the same vulnerabilities. [4] CISA assessment personnel used common vulnerabilities facilitated by shortcomings in secure by design and default principles and other misconfigurations to compromise systems."

UNITED STATES. Government. Washington DC. SEP, 2024. 24p.

Mitigation and Risk in Restorative Justice

By Joanna Shapland, Jamie Buchan, Steve Kirkwood and Estelle Zinsstag

This report summarises key findings from our project which was funded by the Scottish Government, in support of the Scottish Government’s Restorative Justice Action Plan (Scottish Government 2019). In particular, we seek to support the expansion of restorative justice in Scotland to include its use in response to more serious offending and more difficult cases.

Our objectives were to develop a sense of what factors were perceived by facilitators as risky in any restorative justice process, how they assessed risks, and what measures have been used to prevent and mitigate these risks, with a view to informing the development of practice and policy in Scotland. By ‘risk’ we mean not (just) risks to safety but any factors that might jeopardise the success of the process, i.e. the participants being able to communicate safely. To this end, we interviewed 30 restorative justice facilitators in 11 European jurisdictions. The extent to which restorative justice was ‘established’, and how it was organised, varied considerably between these. Our questions roughly followed the timeline of a restorative justice process: we began by talking about the referral process and how facilitators decide to move forward (or not), before considering facilitators’ definitions of ‘risk’, approaches to assessment, and measures they used to mitigate specific risks in restorative justice. Finally, we asked them about their training and measures for capacity building, including co-facilitation, mentoring and reflective practice.

Key Findings

  • The restorative justice risks described by our interviewees attach to individual people and cases. Some cases are risky, but this is because of individual factors, not because of the type of case or person. This is essentially different to the actuarial/statistical mode of risk assessment found in many criminal justice settings.

  • It is impossible to predict the risks of a case before engaging with the individuals involved, because different people experience ‘risk’ factors in very different ways. Furthermore, the seriousness of the harm in a given case may not tally with the legal categories imposed on it by the criminal justice system.

  • Aside from unwillingness to engage or attempts to coerce others on the part of either party, only two types of risk were seen as ruling out restorative justice entirely: where the person responsible is unable or unwilling to acknowledge the harm (which does not necessarily entail admitting criminal guilt), and where either party is unable to comprehend the proceedings, usually because of substance use or severe mental disorder. Even these may be amenable to change over time. 

  • Most facilitators agreed that certain difficult cases, particularly those involving sexual offending and domestic/intimate partner abuse, presented particular challenges related to trauma and power imbalance. There was no sense however of them being qualitatively different to other cases in terms of how they were approached from a practice perspective - they just require additional care and preparation.

  • Capacity to facilitate more challenging cases comes with experience. In Scotland, many facilitators are less experienced with these types of case, so are more concerned about risk and their capacity to facilitate these; facilitators in other jurisdictions with experience around facilitating in cases involving more severe harm are much more confident taking on more difficult cases. 

  • Facilitators rarely used formal risk assessment processes, and none appeared to use, or have, validated risk assessment tools in relation to restorative justice, although some may use informal ‘checklists’ of factors. Professional judgment and a case-by-case approach, sometimes with advice and support from other professionals, was the key element in assessing and mitigating risks. Given this, and the individual nature of ‘risk’, it was usual to consider risks and mitigating measures simultaneously, not sequentially. In assessing risk, they focus on risks related to the restorative justice process itself, rather than more general risks, such as risk of re-offending. They would also adopt a restorative approach to assessing risk, such as through raising and discussing potential risks and their mitigation with participants. 

  • Facilitators valued the advice of other professionals, such as prison officers, social workers and psychiatrists, and (in some cases) these professionals’ work supporting parties in restorative justice meetings. However, in making decisions about restorative justice, facilitators’ own judgment and the views and needs of the parties (principally the person harmed) were seen as more important. 

  • Facilitators use a range of measures to mitigate potential risks. The single most important measure is simply preparation with the people involved, through a series of ‘pre-meetings’. All facilitators used these meetings to prepare each party for the restorative justice process, and identify and mitigate particular risks; more difficult cases were generally seen as requiring more pre-meetings. 

  • Communication difficulties which could affect the process included language barriers as well as those related to mental illness or the youth of the parties. Facilitators used a range of methods to overcome these, including interpreters and supporters as well as non-verbal communication techniques. 

  • While some types of case, such as those involving young people, communication difficulties or large groups, might require extra preparation, these cases (like more difficult cases) were not seen as fundamentally different to any others. 

  • Many participants want supporters present at face-to-face meetings, and so facilitators invited these people into the restorative justice process as ‘supporters’. These could be friends and family of the participants or sometimes professionals (e.g. therapists or social workers). While this was seen as useful, care was needed in order to avoid power imbalances or inappropriate interventions from supporters. 

  • There was varied evidence on the practice of using follow-up measures after the meeting, though this was seen as very desirable. While some facilitators iv check in with the participants afterwards, others are content simply to provide contact information and solicit feedback. 

  • It was common for facilitators to work in pairs on a given case, particularly where the case is risky, complex or involves many people. This ‘co facilitation’ is particularly valuable for gaining complementary perspectives as well as for training newer or less experienced facilitators, who can ‘shadow’ a senior colleague. 

  • The physical space in which a meeting occurs is very important. Preferably this would be an accessible and neutral space with no links to criminal justice or to either of the parties, and conducive to an atmosphere of safety and calm. It should have at least one ‘breakout room’ for parties to prepare and take breaks. 

  • Facilitators generally felt that their training had prepared them adequately for facilitating restorative justice, but this training had not always been well evaluated. 

  • Restorative justice is not suitable for all people or all cases. However, it is worth remembering that for some people harmed by offences, the risks of not engaging in restorative justice may outweigh the risks of doing so.

Suggestions 

  • We do not advise the adoption of formal risk assessment processes in restorative justice. This would risk compromising the individual-focused ethos of restorative justice, and could have harmful consequences by imposing risk categories ‘top down’ on cases. Tools should particularly not be imported from other criminal justice processes, where the aims and purposes are likely to be different. There must be an acknowledgement that every case is different - the most serious offences may be relatively straightforward in restorative justice terms, while apparently minor crimes may hide unexpected risks. However, checklists, tailored to the specific restorative justice services, may function as a useful aide memoire for practitioners in considering the types of issues and factors that should be considered when assessing and mitigating risks. 

  • ‘Pre-meetings’ are the key measure for identifying and mitigating risks. Without introducing undue delay, adequate time must be allowed for a preparatory meeting or meetings ahead of the restorative justice process. This is particularly true for more difficult cases. 

  • Restorative justice services will need to be flexible in accepting referrals at different stages of the criminal justice process and afterwards, to allow for cases of serious offending where the person responsible is serving or has served a custodial sentence. 

  • Where necessary, resources should be made available for communication support in restorative justice (interpreters and/or supporters). Non-verbal tools such as picture cards may also be helpful for supporting communication.

Edinburgh: Edinburgh University, 2022. 98p.

Domestic Homicide Reviews: Identifying Best Practice in Learning Lessons and Implementing Change

By Scottish Government, Cabinet Secretary for Justice and Home Affairs

Although many countries have now introduced domestic homicide reviews, there remains little evidence on their effectiveness in creating system change and improving organisational practice. Taking the learning forward from reviews and ensuring recommendations are implemented is of crucial importance and at the very core of the purpose of the process, yet there is little evidence of how and whether this works in practice. A lack of evaluation of the effectiveness of domestic homicide reviews internationally makes it difficult to establish a consensus for best practice and develop a model with this in mind (Scottish Government, 2023). Still, where problems have been identified and mechanisms have been introduced to attempt to overcome these issues, we can consider these when developing a domestic homicide and suicide review (DHSR) model for Scotland. This will help to ensure that the process created does not repeat the same mistakes, and instead is constructed in a way that will enable lessons to be learned effectively from reviews. In doing so, Scotland’s model will facilitate the system changes and improvements that are the core purpose of conducting reviews, and will ensure that practitioners and victims’ families can have faith in the process and see value in their participation. This report builds on a working paper by Professor John Devaney, which introduces key points to consider for the implementation of learning from reviews to generate service improvement. This report outlines 15 aspects of good practice to be considered in the development of a domestic homicide and suicide review model for Scotland. The report then discusses the rationale behind these points in more detail, identifying existing challenges with implementing recommendations from reviews, exploring examples of good practice, and considering how to define and measure success and impact. This report was prepared by Justice Analytical Services for the DHSR Model Development Sub-Group. As the key points presented in this report have been generated at an early stage of development of the model, they are designed to be considered as general principles of good practice, and may require further refinement and deliberation as the details of the model are established. The information presented in this report is drawn from academic literature on domestic homicide reviews and other similar review processes, consideration of responses to the Scottish Government’s targeted engagement consultation, and consultation with British and international DHR experts (see Annex 1 for a description of the methodology).

Edinburgh: Scottish Government, Justice Directorate, 2024. 27p.

It's Only Fair: Policies to Reduce Fare and Toll Evasion Are Critical to Transit Sustainability

By Jason Wagner

Fare evasion and license plate fraud are costly and growing problems for New York City, the Metropolitan Transportation Authority (MTA), the New York State Thruway Authority, and the Port Authority of New York and New Jersey. In 2023, the cost to the MTA alone was more than $700 million—an amount equal to the amount of funding that would be raised through two rounds of fare hikes; and the evidence suggests the cost is growing.1 Increasing fare and toll compliance is critical to funding the region’s transit agencies and providing reliable, high-quality, affordable public transit services. While much of the lost revenue is from fares, license plate fraud is increasingly chipping away at the bottom line of entities that collect tolls, as evaders become more brazen and sophisticated. This trend presents a risk to the success of the Central Business District Tolling Program (congestion pricing), which is set to begin in June 2024. Congestion pricing revenues are critical for the MTA; they will fund more than a quarter of the MTA’s 2020 2024 Capital Program and support numerous capital projects that modernize the system and bring it to a state of good repair. The State, the City, and affected public entities need more tools and should take additional steps to lower the fiscal risk from revenue loss. The Citizens Budget Commission (CBC) supports Governor Kathy Hochul’s Executive Budget for Fiscal Year 2025 proposed policies, which would strengthen laws and efforts to enforce fare and toll compliance.

New York: Citizens Budget Committee, 2024.yp.