Ferguson is a signal for introspection of local policing

Ferguson is more than simply one officer-involved shooting.  Either way the Grand Jury and prosecutor goes will not be satisfactory to one group or another.  But, this tragic police incident will be similar to others that crop up every 20-25 years and signal a time to reflect on the role of law enforcement in our country.  Each time we have gained from this insight, but unfortunately allow ourselves to slip backwards.

In 1931 it was the Wickershim Commission that plowed into political corruption and influence in local policing.  It looked at the undue influence of politics in policing, payment for getting cop jobs and promotions, and the affect of the ‘Code of Silence’ in shielding police misconduct.  On the plus side it heralded the beginning of merit systems for police throughout the country.

The late 1960s saw a glow across the country from urban riots.  The President Johnson Commission, Kerner Commission and eventually the Police Task Force Report of the National Advisory Commission on Criminal Justice Standards and Goals were national efforts to address societal and policing issues.  That latter work was really a precursor to CALEA (Commission on Accreditation for Law Enforcement Agencies).  A significant focus of these efforts was the handling of citizen grievances.  It ushered in the growth of civilian oversight efforts.  But it also improved training, created state POST and certification efforts, more effective ways to manage demonstrations and unrest, and collective bargaining for many police employees.

In 1991 it was the Rodney King incident in Los Angeles.  While many wanted national legislation to address ‘police brutality,’ what they got in 1994 was Section 14141 that allowed the Department of Justice to initiate ‘pattern and practice’ investigations of local law enforcement.  Again there were numerous local commissions that focused on police handling of citizen complaints and the ineffectiveness of civilian oversight.  One positive outgrowth was the movement to fully document police uses of force that demonstrated that use of force was not as widespread as most civilians believed.

So here we are now with Ferguson.  It has catapulted several issues to the forefront in communities across the nation.  The first issue must be the militarization of local agencies and the battle between foundational philosophies of are we ‘warriors’ or ‘guardians of the peace?’  Anyone actively involved in today’s policing has to recognize that we have to be prepared for the unthinkable.  But how many agencies that took advantage of the 1033 federal program and got armored vehicles, weapons and 12,000 bayonets (who has those?) actually vetted the acquisition with their local governing bodies and communities? 

A ‘warrior’ is someone whom a government creates to overcome, suppress and kill its adversary.  There are some police incidents that require a warrior mentality like a high-risk entry into a fortified location or a takedown of heavily armed criminals.  But the vast majority of a cop’s daily work is more designed for the ‘guardian of the peace.’  We may have forgotten to balance our training and direction to ensure that officers know the difference and when one is needed over the other.  As my good friend and retired chief Harry Dolan says, “Do we need officers doing routine patrol dressed in military BDUs and weighed down with the external combat vests?”  What message are we sending to the cop on the beat?

The second issues that Ferguson will address is ‘Are we capable of investigating ourselves?’  Wisconsin this year passed legislation that mandates that a group headed by investigators from non-involved agencies investigate every police-related death.  Hawaii passed a law requiring police agencies to report terminations of police officers.  Miami-Dade Police will now have all of their OIS investigated by FDLE, the state agency.  Philadelphia, Baltimore and NYPD have all taken steps to create more transparency in its investigations of allegations of police misconduct. And, yet, we don’t have reasonable national statistics on police related deaths of civilians.   

And the last area (there will be others brought out) is whether we can hire officers who are representative of the community being served.  That is a daunting task that good, well-meaning agencies have struggled with for many years.  The pool of qualified candidates is shrinking, particularly minority candidates, when you throw in arrest records and drug use. 

Law enforcement has survived other periods like Ferguson and we will survive this one too.  Hopefully we’ll come out better for the introspection and not allow complacency to drag us back for another national forum 20 years from now.