Case Study: Baltimore, MD Police Department

Introduction

Typically, federal law prohibits police department form engaging activities that may infringe upon the constitutionally guaranteed rights of US citizens. Regrettably, ant misconduct from a police officer may result in the institution of civil or criminal proceeding against the involved officer and sometimes the entire departments. If misconduct results in criminal cases, the Department of Justice (DOJ) is legally obligated to launch proceedings against the offending police officer. Then again, where the alleged misconduct constitutes a civil case, the DOJ may choose to institute legal proceedings against the concerned police department. Consequently, a law enforcement agency or police officer may become subject to the DOJ's oversight. Given that, this paper's purpose is to provide recommendations to the Virtual Police Department on how to avoid becoming subject to the DOJ Oversight proceedings. In pursuit of this goal, the paper uses the Baltimore, MD Police Departments as a case study.

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Baltimore, MD Police Department (BPD) DOJ Oversight

On August 10, 2016, under the 42 U.S.C 14141 published a report detailing the findings of its investigation into the BDP. According to this report, the federal government found reasonable cause that the BPD had engaged in a pattern of the document that resulted in actions that violated the US Constitution and federal law including

A. Constitutional stops, searches, and arrests

B. Indiscriminate use of strategies that lead to disproportionate stops, searches, and seizures of African Americans

C. Use of excessive force

D. Engaging in retaliatory actions against people exercising a constitutionally protected right

Besides that, this report highlighted various concerns that the United States has regarding the lawfulness of the BPD's actions.

On the same date, the BPD the BPD, the United States, and the City of Baltimore (henceforth the Parties) signed an Agreement in Principle that comprises the framework of the Consent Decree. Although the City of Baltimore and the BPD objected to the findings of the container in the US report, however, in the AIP, both parties acknowledged the seriousness of the report's findings raised issues of vital importance to the City, the BPD, and the Baltimore, MD community. Subsequently, the Parties indicated their commitment to systematically addressing the issues published in the report as outlined in the AIP. In the context of this case study, the consent decree represents the City's and BPD's desire to address the issues the US report raised, and as such supersedes the AIP agreement. Below is a summary of the most critical findings the report highlighted.

The report indicates that the BDP had a long-running tradition of zero tolerance in the policing of specific Baltimore neighborhoods leading to illegal stops, arrests, and searches. Often, BDP supervisors compel officers to stop and arrest civilians on flimsy grounds regardless of whether these actions promote public safety, community trust, or are constitutional. Moreover, the BDP concentrates its policing activities on a small portion of Baltimore's residents with approximately 44% of traffic stops occurring in two predominantly African American neighborhoods. Between 2010 and 2015, a majority of individual subjected to arbitrary stops and arrest were nearly African Americans (Tyler, Fagan, & Geller, 2014). Interestingly, the BDP stopped seven African Americans seven times throughout this period. Second, the report decries the manner in which the BDP conducted illegal strip searches, unwarranted arrests of the individual, use of aggressive force against mentally ill persons, and the use of aggressive tactics that escalate tension and encounters lead to the use of unnecessary force. Moreover, the report found the BDP guilty for violating the First Amendment rights of US citizens whenever officers perceive that public expressions are disrespectful or critical.

Provisions of the BPD Consent Decree

Following the publication of the US report, the City of Baltimore and the BPD signed a consent decree that sets out procedures for addressing the problems the report identified. Within the agreement are recommendations regarding the actions and reforms that the city ought to implement in streamlining the operations of the BDP. Among these provisions are suggestions such as the retraining the BPD 's police officers about First Amendment rights, including the freedom of speech and the rights of citizens to record police interactions. Second, the report recommends that the BPD should support its officers with the skills necessary in the handling of sexual assault cases. Third, the city of Baltimore should integrate information technology within the framework of daily policing activities. Subsequently, the City should publicly disclose any use of such technology. Fourth, the city and the BPD should publish reports of all investigations into police misconduct undertaken so far. Fifth, the BPD should work closely with the Baltimore City Schools Police Department for the goal of identifying areas that require further improvements. Six, the City should review its police recruitment drives to ensure diversity within the BPD. Seven, the City ought to conduct a study to determine whether it needs to recruit additional officers.

Oversight Taskforce that places the BPD under civilian oversight

Furthermore, this report called for the establishment of policies that help to significantly reduce the number of people arrested for petty crimes while implementing a strategy that reduces the excessive use of stop and frisk searches. Finally, the report encourages the BPD and the city to provide mandatory training on de-escalation methods as a way of reducing potential injuries to law enforcement officers or suspects. Given the above, the parties to the Consent Decree must ensure the successful implementation of these recommendations. During the implementation process, all activities are under the oversight off a federal court presided over by a US judge (Cordner, 2016).

Additionally, an independent monitor appointed by a judge as well as with public support will oversee the implementation and enforcement process. Besides that, the independent monitor shall regularly publish progress reports regarding the implementation process. Finally, this process will terminate once the city proves it has completely satisfied the requirements of these recommendations report. As a result, the implementation of these recommendations seeks to transform the manner in which the BPD conducts its affairs and provides precedence for other cities with a similar problem. In particular, Baltimore is an example of what happens whenever police departments exercise power unlawfully leading to unnecessary friction between a city's community, the federal government, and the principles of accountability in policing activities. Subsequently, this analysis provides a framework and foundation for developing interventions for Virtual City's Police Department.

Recommendations for Virtual Police Department

A critical principle regarding any police department activities relates issues to the principles, of accountability in the pursuit of law enforcement activities. In spite of the discrepancies that states have in place regarding the collection of the security sector, the Baltimore Police Department is yet subject to the US constitution. In retrospect, the police derive their power from the law. However, the manner in which they exercise their obligations in respect to the rights enshrined in the US constitution, which places the police in a highly delicate position as frequently the public does not comprehend the onus of responsibility that the police have dispense in the society (Miller, 2016). However, this does not mean that the police should operate with impunity.

Given that, accountability is one critical requirement for any policing department. In this regard, the Virtual City Police Department needs to abide by the following precepts for it to do the following in the footsteps of the Baltimore Police Department DOJ oversight. In regards to Virtual City Police Department, the chain of command should understand that ensuring accountability in their operations depends on the ability of the police to uphold the dignity and respect for the rule of law. Accordingly, the police need to accept responsibility for wrongdoing and any other actions that violate the rights of US citizens. Nonetheless, the Virtual City Police Departments requires to implement the following recommendations:

• Adhere to legislation that is in line with the international charter of humans rights that defines the power of the police as well as their functions
• Encourage its police officers to uphold practices both the spirit of the spirit and the letter of the law
• Provide the public with space to air their opinions without any intimidation
• Always have a plan in the deployment of police presence within Baltimore in a manner that does not conflict with the interest of the city's residents.

For this discussion, the Virtual City Department needs to learn from the experience of another police that it is on order for the taxpayers (read: the public) to voice the opinions her they feel department across America for it to avoid the same as the BPD. For instance, its officers have to understand that the police force is acting beyond it mandates. Accountable policing requires the recognition of this fundamental American right, as, without transparency, it is impossible to hold them responsible for acts that violate rights of others regardless of whether one is a police officer or an average American citizen. Conversely, it is impossible to have this level of accountability in police systems that lack integrity, where the lack of integrity perpetuates a practice that achieves effective accountability an illusion (Patton, 2015). For the Virtual City Police Department to achieve the goals outlined above its must implement the following recommendations:

• Establishing a system in which the State, the police, independent police, and the public are equally represented
• Create a system that can monitor police operations, before, during, and after transactions with the public
• Implement measures that have within the capacity for corrective actions
• Ensures that the established systems hold officers, their supervisors and the Virtual City Department accountable for any infringement against the rights of the city's residents

Most importantly, these four characteristics are vital in ensuring that a police department remains responsible to the universal norms of the respect of law. In addition to that, Virtual City's Police Department ought to evaluate the actions of its police officers as recommended in this case study.

Conclusion

This case study highlighted the challenges that American police departments face challenges, especially when facing proceedings instituted by the DOJ. Subsequently, it is necessary that police departments have the right approaches and methods that can help them avoid demanding these challenges. Accordingly, this conclusion section reemphasizes the principles of accountable policing discussed in the above articles. Even though the recommendation provided are not panaceas to the problems that American police departments confront while carrying their oath to protect and serve. The practical application of the proposed interventions can enhance the delivery of services by the Virtual City Police Department as compared to the drawbacks of the BPD. As previously incite in another section of this case study, police violence against civilians remains a critical issue that requires attention, resources and concerted efforts to solve. Secondly, proposals in this case study provide a way forward given...