NCJ Number
55643
Journal
JUSTICE DEPARTMENT WATCH Volume: 2 Issue: 2 Dated: (JANUARY 1979) Pages: 1-5,8
Date Published
1979
Length
8 pages
Annotation
INCIDENTS OF POLICE BRUTALITY AND LOCAL AND STATE ACTION IN SUCH CASES ARE DESCRIBED, AND ACTUAL AND POSSIBLE FEDERAL RESPONSE TO POLICE BRUTALITY AS A PREVALENT PROBLEM IS EXAMINED.
Abstract
IN ITS LATEST ANNUAL REPORT, THE UNITED STATES COMMISSION ON CIVIL RIGHTS NOTES THE MOUNTING NUMBER OF COMPLAINTS AND OTHER ACCOUNTS OF POLICE BRUTALITY. THE COMMISSION IS NOW CONDUCTING A NATIONWIDE STUDY ON POLICE PRACTICES. INCIDENTS OF POLICE BRUTALITY ARE CITED FROM PHILADELPHIA, PA., AND HOUSTON, TEX.,--TWO CITIES SCHEDULED FOR CIVIL RIGHTS COMMISSION HEARINGS. COMPLAINTS OF POLICE BRUTALITY AND ACTUAL INCIDENTS MOST OFTEN INVOLVE MINORITY GROUPS--BLACKS AND MEXICAN-AMERICANS. THE MAJOR PROBLEM IN LOCAL AND STATE INVESTIGATIONS OF POLICE BRUTALITY IS THAT THE SAME OFFICIALS RESPONSIBLE FOR PROSECUTION OF POLICE BRUTALITY ARE EXPECTED TO DEFEND THE POLICE WHEN THEY ARE ACCUSED OF BRUTALITY. IN THE ABSENCE OF EFFECTIVE LOCAL AND STATE LEGAL AND ADMINISTRATIVE ACTION TO DEAL WITH POLICE BRUTALITY, THE FEDERAL GOVERNMENT CAN WORK TO DETER POLICE BRUTALITY BY THREE GENERAL ACTIONS--PROSECUTION OF POLICE FOR VIOLATION OF FEDERAL CIVIL RIGHTS LAWS, CUTTING OFF FEDERAL FUNDS TO POLICE AGENCIES FAILING TO CURB ABUSIVE PRACTICES, AND THE USE OF MORAL SUASION. UNTIL ATTORNEY GENERAL BELL ISSUED A DIRECTIVE ENCOURAGING JUSTICE DEPARTMENT PROSECUTION OF CIVIL RIGHTS VIOLATIONS, HOWEVER, THE JUSTICE DEPARTMENT'S PROSECUTORIAL POLICY IN THESE MATTERS WAS LIMITED. THE BELL DIRECTIVE STATES THAT 'EACH AND EVERY ALLEGATION OF A VIOLATION OF CIVIL RIGHTS LAWS SHALL BE EVALUATED ON ITS OWN MERITS, WITH THE DETERMINING FACTOR BEING WHETHER A FEDERAL PROSECUTION IS LIKELY TO VINDICATE RIGHTS SOUGHT TO BE PROTECTED BY THOSE LAWS.' FEDERAL PROSECUTION, HOWEVER, EVEN IF VIGOROUSLY PURSUED, MUST BE DONE ON A CASE-BY-CASE BASIS THROUGH LENGTHY COURT PROCESSES. CIVIL SANCTIONS, SUCH AS THE DENIAL OF LEAA FUNDS TO LOCAL POLICE AGENCIES WHO DO NOT CURB POLICE ABUSES, COULD BE MORE EFFECTIVE IN CURTAILING POLICE BRUTALITY PRACTICES. THE USE OF THE COMMUNITY RELATIONS SERVICE, AN ENTITY CREATED BY THE 1964 CIVIL RIGHTS ACT TO MEDIATE RACIAL AND ETHNIC CONFLICTS, COULD ALSO BE INSTRUMENTAL IN PRODDING POLICE TO REFORM THEIR REGULATIONS AND ADMINISTRATIVE PRACTICES REGARDING ABUSIVE POLICE BEHAVIOR. (RCB)