Throwback Thursday
The Denver Accord Fact Sheets - Part 9: Police Reform
This article was originally published on GVPedia.
The Denver Accord is a comprehensive gun violence prevention platform — led by GVPedia and supported by more than 40 organizations nationally — designed to guide policymakers’ efforts to reduce gun violence in the United States. It combines best practices from across the country with evidence-based research to create a comprehensive and effective set of policies and programs intended to stop the scourge of gun violence.
The Denver Accord includes four guiding principles and nine policy positions that, working in conjunction with each other, will stem the epidemic. This is the ninth and final entry in a series of fact sheets outlining those nine policy positions, which we will be highlighting across the next few Throwback Thursday posts.
There is no single solution to gun violence in America but it is clear that more guns do not make people safer. It is a multifaceted problem that requires a comprehensive solution.
The Denver Accord Part 9: Police Reform
Community Based Policing:
Fund incentives for community-based policing and programs.
Shift away from “Broken Window Theory” policing.
Safety:
Develop additional non-lethal tools police can deploy instead of a firearm.
Require the reporting of lost or stolen service weapons to ensure accountability.
Education:
De-escalation training for law enforcement and School Resource Officers in schools.
Train police officers in active shooter drills that are not held in the presence of students where child trauma can occur.
Allow for diversion of School Resource Officer funding to student mental health resources where deemed appropriate by local leaders.
Mandate and increase already existing levels of implicit bias training.
Accountability:
Fund and use body cameras.
Develop standards to ensure accurate data collection on police-involved shootings.
Mandate and fund law enforcement collection and analysis of firearm-related ballistic and trace evidence.
Raise legal standards for justifiable use of lethal force.
The George Floyd Justice in Policing Act (HR 7120)
The George Floyd Justice in Policing Act addresses police reform and gun violence reduction. The bill was introduced on June 8, 2020 by Congresswoman Karen Bass [D-CA-27] and passed in the House on June 25, 2020.
Community Based Policing:
Fund incentives for community-based policing and programs
Community policing encourages officers to build working partnerships 1 with local citizens to address the root causes of crime and promote security.
Many different types of problem-solving and community-based policing initiatives exist, but they all share a few common key components: organizational transformation 2 , community partnership, and problem solving to reduce and prevent crime.
Long-term success of community policing programs requires evaluating law enforcement employees on their problem-solving abilities and rewarding officers who successfully collaborate 3 with the community.
A 2019 study 4 found that community-oriented policing and its emphasis on positive contact between police and community members improves residents’ attitudes toward police and their willingness to cooperate. Police legitimacy and willingness to cooperate are vital to prevent and solve shootings because the criminal justice system relies on individuals coming forward and witnesses testifying in court.
In 2013, Camden, New Jersey dissolved the local police department and signed an agreement for the county to provide shared services. According to Scott Thomson, Camden chief of police until 2019, “A majority of the police were rehired, but each had to complete a 50-page application, retake psychological testing and go through an interview process.” Homicides decreased from 67 in 2012 to 25 in 2019. Excessive-force complaints decreased from 65 in 2012 to three last year. (NPR) 5
Shift away from “Broken Window Theory” policing
An influential 1982 Atlantic article 6 by George Kelling and James Q. Wilson argued that public incivilities such as graffiti and broken windows can lead to a “criminal invasion” because potential offenders will assume that the residents don’t care about the neighborhood and don’t want to get involved.
The article became the basis of the “Broken Windows Theory” of policing which is still being used by the NYPD 7 and police departments across the country. In practice, broken windows policing has taken the form of aggressive zero-tolerance enforcement of low-level misdemeanors in communities of color.
“Broken Windows Theory” argues that targeting minor disorder will reduce more serious crime, but research shows that social disorder and crime 8 stem from the same sources, especially concentrated poverty and low collective efficacy.
Other researchers 9 have debunked the “Broken Windows Theory” which argues that a direct relationship exists between minor disorder 10 and serious crime 11 or health outcomes 12.
A 2020 Washington Post article 13 argues that Kelling and Wilson misrepresented the 1969 study by Philip G. Zimbardo that served as a foundation for their theory. There is also a disconnect between proactive policing practices 14 that are supported by research and how proactive policing is deployed in communities.
A 2019 study found that aggressive “Broken Windows” policing harmed educational performance 15 of young African-American men and added to inequality of economic outcomes.
Safety:
Develop additional non-lethal tools police can deploy instead of a firearm.
While non-lethal means are important, they can still be heavily abused, causing grievous injury and even death. It is essential that such tools are combined with proper training and police doctrine that minimizes their aggressive use.
Common alternatives to firearms include tasers, nightsticks, and pepper spray. These items are available to law enforcement intended to help the officer gain control of a subject. Less lethal bullets 16 are also available to law enforcement, including guns that fire plastic bullets, pepper rounds, bean bags, rubber balls, and a long-range, wireless version of a taser.
Both a 2009 study 17 and a 2010 report 18 to the National Institute of Justice (NIJ) found that the use of less-lethal technologies when establishing control over a situation led to a significant reduction in police officer and suspect injuries.
A 2017 Reuters investigation identified 1,005 people who died 19 in the US after being tased by police from 1983 to July 2017. In most of these cases, tasers were only one of several types of force used, but Reuters documented 153 cases where the coroner or medical examiner cited a Taser as a cause of death or a contributing factor in the death.
Another NIJ report 20 found that repeated or continuous exposure to a CED, such as a taser, increases the likelihood of death and may not improve compliance.
A 2018 article identified a generational gap 21 in how police officers view tasers, with younger officers more likely to resort to the device before using verbal skills to de-escalate situations.
As less-lethal alternatives have grown in use, organizations such as Amnesty International 22 and the American Civil Liberties Union 23 have raised concerns about adequate training 24 policies and the human rights impacts 25 of the weapons.
Require the reporting of lost or stolen service weapons to ensure accountability.
A 2018 investigation by The Trace found that over 100 law enforcement agencies reported the theft or loss of at least 1,781 guns over ten years 26 . This is not comprehensive because not all officers and agencies report lost and stolen guns.
Requiring law enforcement professionals to report lost and stolen firearms will increase accountability and decrease the likelihood that the stolen gun will be used during a murder or other violent crime.
Between 2014 and 2017, twenty-six ATF weapons 27 were lost, stolen, or missing according to a 2018 Justice Department’s Office of Inspector General report.
In 2019, Congressman Mark DeSaulnier (CA-11) reintroduced HR 3420 28 , the Federal Law Enforcement and Public Protection Act 29 , which would establish minimum requirements for federal law enforcement to safely store their weapons when not in use.
Education:
De-escalation training for law enforcement and School Resource Officers in schools.
The National Consensus Policy 30 defines police de-escalation as “taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary.”
According to the Washington Post 31 police shooting database, nearly 1,000 people are fatally shot by law enforcement each year.
A 2018 study 32 found that one in four individuals fatally shot by police were experiencing a mental health crisis.
The 2015 Final Report of the President's Task Force on 21st Century Policing recommends law enforcement emphasize de-escalation 33 and alternatives to arrest during use of force training.
Police departments in cities such as Philadelphia and Los Angeles reward officers for defusing conflicts 34 without using a gun or other weapon.
De-escalation training is taught in police academies across the country, but the research is still limited. A systematic review 35 identified 64 de-escalation training evaluations, but could not reach a conclusion because studies measured different outcomes and many research designs were of questionable quality.
The combination of the opioid crisis and lack of behavioral health services means police are frequently encountering people experiencing a mental health crisis, but might lack the knowledge and training to de-escalate these situations.
Crisis Intervention Team (CIT) 36 programs involve a partnership between law enforcement and mental health professionals to connect individuals in crisis with mental health treatment rather than involve them with the criminal justice system. It aims to promote the safety of individuals in crisis as well as law enforcement.
Research shows that CIT trainings 37 produce significant changes in police officers' knowledge 38 and perception of individuals suffering from a mental health crisis, but more research is needed to conclude if the de-escalation trainings lead to fewer police-involved shootings.
A 2018 review of 25 studies 37 on Crisis Intervention Team (CIT) training was unable to declare the de-escalation program effective because of inadequate data and focus on varying outcomes. Some research supports that CIT deployment is associated with fewer arrests 37 and more referrals to mental health units.
A promising approach used in Eugene, Oregon 39 involves alternatives to calling 911 when an incident involves an individual experiencing a mental health crisis. Rather than law enforcement responding, these calls can be answered by mental-health experts and crisis workers.
As part of an initiative to build community trust between police and the community, Stockton changed its de-escalation protocols 40 , required mental health training for police, and included procedural justice principles in its rules for conduct. An evaluation by the Urban Institute 41 found that officer-involved shootings in Stockton dropped 80%, the homicide clearance rate climbed from 40% in 2017 to 66% in 2018, and citizen perceptions of police improved.
Many schools have responded to high-profile school shootings by having armed School Resource Officers (SROs) or other school-based law enforcement. An estimated 43% of public schools 42 have an armed security staff member.
A 2019 ACLU report 44 estimates that 14 million students attend US schools with police but no counselor, nurse, psychologist, or social worker.
There is no rigorous evidence 45 to suggest that armed guards deter school shootings 46 . Just as there is anecdotal 47 evidence that SROs can stop a school shooting, there are four examples from 2018 48 where armed guards failed to stop school shootings, including Parkland.
More police and guns in schools pose additional risks, including more guns accessible to children 49 , exacerbating the school-to-prison pipeline 50 by involving the criminal justice system in more nonviolent infractions 51 such as disorderly conduct 52 and racial disparities.
If schools do have an armed SRO, they should go through extensive student-specific training 53 to de-escalation situations, recognize when students are struggling with their mental health, and strengthen social-emotional competencies.
Train police officers in active shooter drills that are not held in the presence of students where child trauma can occur.
Schools began holding active-shooter drills following the Columbine High School massacre in 1999. The drills increased in frequency since the 2012 Sandy Hook Elementary shooting. Even though mass shootings at schools are rare events 54 , nearly all U.S. schools hold active shooter drills 55 with local law enforcement.
The National Association of School Psychologists warns that “some lockdowns may produce anxiety, stress, and traumatic symptoms 56 in some students or staff, as well as loss of instructional time.”
While many recommendations are available to help students cope with stress and anxiety 57 during an active shooter drill, no evidence exists showing that drills with students present produce positive outcomes. Faculty and staff might benefit from participating with law enforcement during active shooter training; however, training in the presence of students can result in child trauma.
Allow for diversion of School Resource Officer funding to student mental health resources where deemed appropriate by local leaders.
A 2019 ACLU report (Whitacker 2019) estimates that 14 million students attend US schools where police are present but the schools lack counselors, nurses, psychologists, or social workers.
Many schools have responded to high-profile school shootings by placing armed School Resource Officers (SROs) or other school-based law enforcement in the school. An estimated 43% of public schools 42 have an armed security staff member in their buildings.
No rigorous evidence (James, 2013) exists that suggest armed guards deter school shootings (Livingston 2019). Anecdotal (Victor 2018) evidence shows that SROs can stop a school shooting, but in four cases from 2018 (Yablon 2019), armed guards failed to stop school shootings, including the shooting at Marjory Stoneman Douglas High School in Parkland, Florida.
More police and guns in schools create additional risks, including increasing the number of guns accessible to children (Drane 2020), exacerbating the school-to-prison pipeline (Nelson 2015) by involving the criminal justice system in more nonviolent infractions (Chongmin 2011) such as disorderly conduct (Theriot 2009), and worsening racial disparities.
Because school shootings are rare and hard to predict, schools might see a greater benefit by hiring a counselor or social worker whose goal is to prevent a shooting, rather than armed police who hope to stop a shooting after it has begun. Investing in mental health resources for schools may also be cost-effective in light of the expense and current difficulty in hiring police across the country.
If schools choose to have an armed SRO, the SROs should go through extensive student-specific training (Campisi 2019) to learn de-escalation skills, to recognize when students are struggling with mental health issues, and to strengthen social-emotional competencies.
Mandate and increase already existing levels of implicit bias training.
Research shows that implicit knowledge 58 of racial associations and stereotypes of Black Americans 59 as violent criminals leads police to decide to shoot armed Black targets 60 more quickly than armed white targets 61.
Annually, police use force on approximately one million people in the U.S. with Black individuals two to four times 62 more likely than whites to be targeted.
The Center for Policing Equity’s data-driven approach to combating racial and implicit bias has seen 26% fewer use-of-force incidents 63 , 25% fewer arrests, and 13% fewer injuries to officers across dozens of law enforcement partners across the country.
Implicit bias programs 64 should aim to reduce the influence of bias on behavior 65 rather than alter an individual officer’s racial beliefs and feelings.
Implicit bias training programs vary in quality and require systematic changes in decision-making, increasing accountability, and evaluating officers.
Accountability:
Fund and use body cameras.
A 2019 comprehensive review of the research on body cameras could not draw strong conclusions, except to emphasize that new technologies like body cameras cannot reform organizations on their own 66 . Body cameras are simply a tool and how they are used (or not used) is more likely to be shaped by organizational culture rather than body cameras shaping the organizational culture.
Forty-seven percent of the 15,328 US law enforcement agencies acquired body-worn cameras 67 by 2016.
Body cameras are intended to increase transparency 68 , hold officers accountable for police misconduct, and deter police shootings, especially of unarmed Black and Brown men.
Body cameras have been a successful tool for exonerating officers 69 falsely accused of misconduct and public relations 70 campaigns that release footage to show positive things police do in the community.
A 2019 randomized control trial 71 on the effects of body cameras worn by Washington, DC police officers found very small and statistically insignificant effects on civilian complaints and police use of force. A randomized control trial evaluating the effects of police body-worn cameras
Body cameras may not reduce excessive use of force if department policies give officers too much discretion in turning body cameras on and off 72 and when video evidence must be made available.
Develop standards to ensure accurate data collection on police-involved shootings.
Creating a National Review Board 73 to collect data and analyze police shootings will help advance the conversation from individual blame to spotlighting risk factors and errors that can lead to fatal interactions with police.
In order to have effective data-driven accountability, standards must be developed to ensure accurate data collection for police-involved shootings 74.
A theoretical framework should be used to analyze the systemic causes of police shootings 75 and misconduct.
A 2019 analysis of how social networks transmit police misconduct 76 recommends isolating officers who use excessive force so other officers will not learn and copy that behavior.
Mandate and fund law enforcement collection and analysis of firearm-related ballistic and trace evidence.
Requiring and funding law enforcement to collect and analyze all firearm-related ballistic and trace evidence will help identify suspects of deadly shootings that often go unsolved. ATF’s National Integrated Ballistic Information Network 77 (NIBIN) is an interstate network that “automates ballistics evaluations and provides actionable investigative leads in a timely manner.” NIBIN has been compared to a fingerprint database but for guns.
When law enforcement recovers bullet casings at the scene of a shooting, digital images can be made of the unique markings on the cartridge cases in order to link multiple casings to a particular gun.
Only one in four 78 pieces of ballistic evidence collected nationwide is entered into NIBIN. If evidence is entered, reports are completed on average 181 days 79 after the shooting. This delay means detectives conduct their investigations without this information.
Some California crime labs 80 are getting promising results using NIBINs, though not all labs use it.
One proposal to improve performance and encourage innovation is to establish regional NIBIN Centers for Excellence 81 .
New advances in forensics technology developed by the Dutch allows law enforcement to collect DNA from a casing 82 about a quarter of the time.
Raise legal standards for justifiable use of lethal force.
A 2016 analysis of over 3,000 use of force incidents 83 by three US agencies found that more restrictive lethal use-of-force policies were associated with fewer use-of-force incidents. Agency policy influences the behavior of police on the streets.
According to a 2018 US Commission on Civil Rights 84 report, comprehensive data is lacking in regard to police use-of-force, but the “best available evidence reflects high rates of uses of force nationally, with increased likelihood of police use of force against people of color, people with disabilities, LGBT people, people with mental health concerns, people with low incomes, and those at the intersection of these communities.”
A 2016 review 85 of 91 use-of-force policies found that the average police department had adopted three of the eight identified policies that place restrictions on the use of force. None of the departments adopted all eight policies.The report by Campaign Zero’s Use of Force Project 86 found that department policies that require officers to exhaust all other means before shooting and that require comprehensive reporting of use of force incidents are each associated with 25% fewer police killings. Banning chokeholds was associated with a 22% reduction and de-escalation requirements had a 15% reduction. Police departments with better policies regarding use of force suffered fewer officer assaults.
Conclusions:
Problem-solving and collaborative community policing are effective approaches to preventing and solving shootings.
Zero-tolerance “Broken Windows” policing can encourage the over incarceration of the poor and communities of color.
One in four of the nearly 1,000 people fatally shot by law enforcement each year were experiencing a mental health crisis.
Mandating that police use less-lethal alternatives to firing a gun when establishing control over a situation is associated with reductions in police officer and suspect injuries.
De-escalation training and Crisis Intervention Team partnerships between law enforcement and mental health professionals have positive outcomes including fewer arrests, connecting individuals in crisis with mental health treatment, and increased safety for officers.
Body cameras are intended to increase transparency, hold officers accountable for police misconduct, and deter police shootings, especially of unarmed Black and Brown men.
Requiring and funding law enforcement to use best practices when collecting and analyzing ballistic evidence will help identify suspects of deadly shootings that far too often go unsolved.
Recommended Reading:
Police Use of Force: The Impact of Less-Lethal Weapons and Tactics
How Police Training Contributes to Avoidable Deaths
What Are Active-Shooter Drills Doing to Kids?
Do Armed Guards Prevent School Shootings?
The full document can be found here: The Denver Accord Part 9: Police Reform
Citations for Part 9: Police Reform
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