NCJ Number
223949
Journal
Journal of Criminal Law and Criminology Volume: 98 Issue: 2 Dated: Winter 2008 Pages: 489-546
Date Published
2008
Length
58 pages
Annotation
The goal of this article is to devise a model of collaborative problem-solving to ensure inclusion of the interested parties or appropriate stakeholders, such as community-based groups and rank-and-file officers, in the Federal Government’s efforts to reform local law enforcement agencies.
Abstract
The application of regulatory negotiation to the U.S. Department of Justice’s (DOJ’s) efforts to systemically reform local law enforcement agencies envisioned by this article seeks to provide a practical solution to ensure stakeholder inclusion in Federal reform of local police agencies. Police misconduct continues to be a troubling phenomenon in American society, and it is clear that remedial measures must engage law enforcement agencies to effectively address institutional policies that cultivate or tolerate police misconduct. Where traditional remedies have failed to engender widespread systemic reform, Title 42 U.S.C. 14141, with its emphasis on implementing systemic reforms, has the potential to transform local police departments throughout the Nation. The success of 14141, however, is inextricably linked to the legitimacy of the reforms, as perceived by the community members and police officers directly impacted by the reforms. This article advocates that DOJ should formally adopt the model of regulatory negotiation to ensure broader stakeholder participation in the context of DOJ’s enforcement of Title 42 U.S.C. 14141 which authorizes DOJ to seek injunctive relief against local law enforcement agencies to eliminate a pattern or practice of unconstitutional conduct by these agencies.