Term paper
Darrell Ross and Patricia Parke investigate the consequences of policing by consent decree that Darrell Ross mentions in Chapter 8. In their article, “An analysis of 42 U.S.C § 14141 the new model for police accountability”, the authors found that consent decrees in general and policing by decree have had a profound effect on public policy. They say in response to an isolated sensational incident, namely, the LAPD attack on Rodney King, Congress passed § 14141 ushering in a new model of “policing the police” without fully considering the consequences.
Ross and Parke raised thought-provoking questions concerning police misconduct and accountability at a federal level rather than at the state level: Whether § 14141 represent the appropriate legal mechanism with which to address allegations of police abuse? Whether § 14141 has been or will be effective in reforming the police? According to the authors, there are several reasons for caution and skepticism: (1) federalism, (2) consent decree shifts power form the elected government to the DOJ and courts, and (3) interferes with present leadership within the department and has a negative impact among line officers. The two authors conclude that there is no evidence that consent decree out performs other remedies already available to the citizenry, and there is much evidence to suggest that the public safety is in fact adversely affected.
Noah Kepferberg wrote the article “Transparency: A New Role For Police Consent Decrees”. Kepferberg research agrees with Ross and Parke that much of the evidence suggests the public safety is in fact adversely affected, namely, reducing racial disparity in stops and searches. The author says it is self-evident that police departments and public administration must be accountable to the public they serve. He suggests that § 14141 should be used as a means of requiring the