NCJ Number
53516
Date Published
1978
Length
55 pages
Annotation
THE NATIONAL MINORITY ADVISORY COUNCIL (NMAC) CITES INCIDENTS OF INAPPROPRIATE USE OF DEADLY FORCE BY POLICE OFFICERS. RECOMMENDATIONS ARE MADE.
Abstract
NMAC IS COMPOSED ENTIRELY OF MEMBERS OF MINORITIES. IT SERVES AS AN ADVISORY AGENCY TO THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, BUT ALSO ADVISES FEDERAL, STATE, AND LOCAL GOVERNMENTS ON THE ISSUES OF CRIMINAL JUSTICE AS THEY RELATE TO MINORITIES. THIS STUDY SAW TWO ISSUES EMERGE ON THE TOPIC OF POLICE USE OF DEADLY FORCE: (1) ARE THE RIGHTS AND LIVES OF CITIZENS BEING FORFEITED WITHOUT DUE PROCESS BY POLICE OFFICERS CHARGED WITH ENFORCING THE LAW; AND (2) WHAT IS THE RESPONSE OF THE CRIMINAL JUSTICE SYSTEM ITSELF TO SUCH INSTANCES, ESPECIALLY CONSIDERING THE FACT THAT MINORITIES ARE VASTLY OVERREPRESENTED IN THE RANKS OF THOSE KILLED? A LITERATURE REVIEW WAS CONDUCTED OF RELEVANT MATERIALS, AND STATISTICS WERE OBTAINED FROM THE UNITED STATES PUBLIC HEALTH SERVICE. ONE DISTURBING STATISTIC WAS THAT BLACKS REPRESENTED APPROXIMATELY 45 PERCENT OF MORE THAN 6,000 INDIVIDUALS WHO DIED AT THE HANDS OF POLICE OFFICERS BETWEEN 1950 AND 1973. THIS STUDY CITED SPECIAL CASES IN WHICH IT WAS FELT THAT POLICE KILLINGS WERE UNNECCESSARY AND CONCLUDED THAT POLICE OFFICERS ARE OFTEN GUILTY OF CHANGING, DISGUISING, MANUFACTURING, AND ELIMINATING EVIDENCE NECESSARY TO PROVE CHARGES OF CRIMINAL MISCONDUCT AGAINST THEM. INSTANCES OF CRIMINAL JUSTICE PERSONNEL BLOCKING SUCCESSFUL INVESTIGATION AND PROSECUTION ARE CITED. IN ORDER TO ADDRESS THE EXISTING INEQUITIES AND TO MAKE THE CRIMINAL JUSTICE SYSTEM MORE RESPONSIVE TO THE RIGHTS OF THE CITIZENS, FOUR RECOMMENDATIONS WERE PROPOSED: (1) THE POLICE SHOULD BE LEGALLY AUTHORIZED TO USE DEADLY FORCE ONLY WHEN THEY THEMSELVES OR SOME OTHER PERSONS ARE UNDER IMMEDIATE THREAT OF DEATH OR IMMEDIATE INJURY; (2) IN CASES OF ALLEGED CRIMINAL MISCONDUCT A MONITORING COMMITTEE SHOULD BE SET UP IN ORDER TO EVALUATE THE PRETRIAL AND TRIAL ACTIVIES OF THE PROSECUTOR; (3) A FORM OF DETERMINATE SENTENCING SHOULD BE ESTABLISHED FOR GOVERNMENT EMPLOYEES CONVICTED OF CRIMES COMMITTED IN THEIR OFFICIAL CAPACITY; AND (4) CITIZENS SHOULD BE ENCOURAGED TO FILE CIVIL SUITS IN ADDITION TO CRIMINAL CHARGES. TABLES AND REPRINTED NEWSPAPER ARTICLES ARE INCLUDED. (MLC)