Criminal Justice In the past decade, the topic concerning police reforms, regulations, and the role of legal interventions directed by courts are arguably one of the most discussed topics by politicians, with the media extensively covering the report. Numerous cases and issues of concern have been brought up related to police misconduct and brutality. In response, whenever the Department of Justice (DOJ) has reasonable cause to believe that a certain police department has violated their practice, court orders allow the DOJ to intervene. The paper analysis the necessary steps departments can follow to avoid DOJ oversight with the Oakland police department as the case study. Oakland Case Analysis The Oakland case officially began with an estimated 119 people filing a lawsuit against the Oakland police department on the grounds of being victims of police brutality. The City of Oaklands Negotiated Settlement Agreement (NSA) dates back to 22nd January 2003, when the city officially entered into a consent decree with private plaintiffs in the lawsuit (Oakland, 2021). A consent decree is defined as a settlement and agreement used to resolve conflict or dispute between two parties. The lawsuit proceedings also consolidated other pending cases against the city, often referred to as the “Riders” cases. The main issues and causes of action against the city of Oakland, as presented by the private plaintiffs, focused on police misconduct ranging from unreasonable search and seizure, due process, use of excessive force, police brutality, and false arrests. After months of negotiations, a settlement was eventually reached in 2003. The main objective of both parties involved in the settlement agreement revolved around preventing police conduct that is identified to deprive people of their immunities, privileges, and rights. Provisions of Oaklands Consent Decree In March 2003, Judge Henderson made his ruling and approved the settlement agreement. The main requirements and provisions of the consent decree mostly required the Oakland police department to comply with a series of requirements focused on improving their training programs, internal investigation, and other key areas concerned with police accountability and discipline (Cruz-Rosas, 2019). The settlement also required the payment of $10.9 million by the department to the plaintiffs. In general, the reforms defined by the settlement focused on core areas involving police training, field supervision, internal affairs investigations, discipline, use of auditing and review systems, and force reporting. Reforms such as internal affairs investigation and field supervision were specifically introduced to reduce the chances of police brutality and misconduct as presented in the lawsuit. Furthermore, the city of Oakland was required to submit its police department to be governed and headed by a new compliance director granted authority by the court (KQED, 2012). Subsequently, the provisions also elaborated on the creation of criteria defining when law enforcement officers are required to draw their weapons. DiscussionStrategies to Avoid DOJ Oversight Police departments often fall subject to DOJ oversight in the form of a consent decree or agreement due to different types of police misconduct. As a result, police liability is mainly concerned with state policing in federal lawsuits and civil liabilities; whereby the most common sources of civil suits against the police include police brutality, denial of rights, and negligence in the care of suspects. For most of America’s history, the majority of police work mainly constituted the work of investigators and patrol officers. The Uniformed officer’s main obligation is to patrol the streets, arrest criminals in the act, and serve as a highly noticeable deterrent to crime. Therefore, perhaps the most fundamental step that the virtual police department needs to undertake to avoid DOJ oversight revolves around police training and awareness. Most notably, the department should implement implicit bias training for all local law enforcement officers. Accordingly, findings from the research by Moon et al. (2018) indicate that law enforcement agencies do not have nationally centralized assessment or training standards for law enforcement officers emphasizing cultural competency. Consequently, Moon recommends police departments adopt and implement the Intercultural Development Inventory (IDI) tool in training law enforcement officers from a developmental perspective. The training of police is crucial in reducing police brutality linked to cases of discrimination based on color, race, or ethnicity. Additionally, due to movements such as “Black Lives Matter,” much efforts by the department should also be directed in reducing police-citizen violence by exclusively focusing on introducing and imposing tighter restrictions on the use of firearms by law enforcement officers. Imposing these restrictions has the capacity of potentially reducing civilian injuries and deaths by the police officers, hence limiting DOJ involvement with the department (Koper, 2020). The practices, culture, and activities of law enforcement often constitute one of the main focus of principles of good policing. Therefore, another strategy by the department involves responding to allegations by individuals of excessive use of force and enhancing the collection of data on civilian fatalities involving police officers. Currently, there is a major gap in the collection and analysis of civilian fatality data involving officers hence making it challenging to assess the scope of the issue. Lastly, the virtual police department should emphasize community-oriented policing. Whereby community policing is identified as a philosophy used in encouraging organizational approaches that stress the systematic coupling of problem-solving techniques and community partnerships to address concerns such as public safety proactively. In conclusion, the Justice Department often incorporates the use of consent decrees to hold wayward and unethical police departments accountable where local and state governments could not. On that basis, the DOJ has been involved in numerous consent decrees with various law enforcement agencies across the United States, including the Seattle police department, the Baltimore police department, and Oakland police departments. ReferencesCruz-Rosas, M. (2019, 30th June). Twelve years after the Riders, a long legal process is reaching its final stage. Oakland North. https://oaklandnorth.net/2011/12/20/twelve-years-after-the-riders-a-long-legal-process-is-reaching-its-final-stage/Koper, C. S. (2020). Assessing the potential to reduce deaths and injuries from mass shootings through restrictions on assault weapons and other high‐capacity semiautomatic firearms. Criminology & Public Policy, 19(1), 147-170. https://doi.org/10.1111/1745-9133.12485KQED. (2012, 7th December). Oakland’s Agreement on Police Dept: Receivership by Any Other Name? KQED. https://www.kqed.org/news/82268/oaklands-agreement-on-police-dept-receivership-by-any-other-nameMoon, S. H., Morgan, T., & Sandage, S. J. (2018). The need for intercultural competence assessment and training among police officers. Journal of Forensic Psychology Research and Practice, 18(5), 337-351. https://doi.org/10.1080/24732850.2018.1510274Oakland, C. O. (2021, 21st January). Oakland Police Negotiated Settlement Agreement (NSA) and Office of the Inspector General (OIG) Reports. City of Oakland. https://www.oaklandca.gov/resources/oakland-police-negotiated-settlement-agreement-nsa-reports
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