A Contract With Black America/Police Reform

Police Reform

• Qualified Immunity will be eliminated. Legislation to reverse Supreme Court case Plumhoff v Rickard 572 U.S. 765 (2014) in which the immunity was upheld. Before legislation is passed, the Democratic Party should oppose qualified immunity when the official party platform is drafted in August. This will pressure mayors to instruct city attorneys not to assert qualified immunity as an affirmative defense. Police lawyers can still argue why they should not be charged because they acted in good faith, but the presumption must be reversed.
  
  

• Mandatory Malpractice Insurance to be carried by Police officers like lawyers and doctors do. This protects victim’s ability to collect on bona fide claims. Insurance to be paid for by Police Departments. As a result, an officer who creates too many legal actions will be dropped because of financial pressure by rising insurance rates rather than requiring another officer to “cross the blue line.” Insurance companies will also demand de-escalation training to lower rates.
  
  

• Municipalities Liable for Officer’s Unconstitutional Actions. Overturn with legislation Monell v Department of Social Services Supreme Court case, 436 US 658 (1978) that protected municipalities from unconstitutional actions by Police. This will add skin in the game for cities which have the most direct power to reform policing.
  
  

• Federal Laws Regarding Police Misconduct to Change Standard From “Willfulness” To “Recklessness.” While “recklessness” still poses a high bar to identify and prosecute police misconduct, it will make it more possible.
  
  

• Police Unions Can Be Held Liable and Sued for shielding bad cops, suppressing evidence and testimony to that effect, and for knowing and reckless disregard of material evidence that an officer is unfit mentally for the job.
  
  

• Mandatory Dashboard and Body Cams. In the event they are turned “off” and the incident results in a serious injury or death to any suspect or witness, it will be considered a FELONY punishable by prison unless proof of malfunction. If there is a claim of excessive force or abuse and the cams are “off”, the first incident will result in a warning, the second will be a suspension, and third will require firing.
  
  

• Cam footage (body and dashboard) to be released within a week for incidents resulting in death, serious injury or that give rise to charges of excessive force.
  
  

• Elimination of No-Knock Warrants. They are unnecessary as police can secure the scene.
  
  

• Mandatory Name Tags and Affiliation Requirements. Applies to all police and law enforcement authorities at the local, state, and federal level with non- compliance resulting in disciplinary action. (Undercover assignments not requiring compliance must be approved by a court).
  
  

• Chokeholds Illegal Nationwide. This will apply to any maneuver resembling a choke hold or designed to cut off airways to affect breathing.
  
  

• Whistle-Blower Protection Expanded within the active police force or for those enrolled in a Police Academy. Discouraging officers under 5 years on the job to report bad behavior will be grounds for dismissal. It will be a criminal offense to reveal the identity of a whistle-blower.
  
  

• Tampering with Evidence results in automatic dismissal from force.
  
  

• Crime to intentionally withhold exculpatory evidence by police or prosecutors.
  
  

• Newly discovered DNA evidence must be immediately considered to reverse wrongful convictions. Not to do so is a crime and applies to police, judges, and prosecutors. (Failure to act will come under the Office of Independent Prosecutors discussed below).
  
  

• Federal Database open to public scrutiny containing all complaints both internal, from the public, or related to disciplinary actions. Automatic federal DOJ review of any police officer exceeding a predetermined amount of complaints.
  
  

• Once Fired for Cause, Cannot Be Rehired. A Police Officer fired for use of excessive force, violent or inappropriate actions directed at a citizen, non-use of body cams, or for any felony are not allowed to be hired in any other jurisdiction.
  
  

• Creation of Office of “Independent Prosecutors”. These prosecutors will solely focus on prosecuting police accused of wrongdoing. This will eliminate the conflict of interest of DA’s who must charge police although they have an inherent and unwaivable conflict as they require police testimony to charge other criminals.
  
  

• Attorney Generals and District Attorneys can no longer accept contributions or endorsements from law enforcement bodies especially police unions.
  
  

• Loss of pensions if convicted of a Felony or greater while on the job.
  
  

• Budget Re-Allocation. In what has been referred to as “Defunding the Police,” 20% of 2020 budgets, then going forward adjusted to inflation, to be dedicated to improving conditions in lower class and Black neighborhoods. 20% of all police department budget increases will also flow to the community organizations tasked with spending such funds.
  
  

• Residency Requirements. 90% of Police must live within 25 miles of the jurisdictions they work in. 65% must live within the jurisdiction itself. Police forces should demographically reflect the communities they serve. In the case of partners, at least one lives within the jurisdiction.
  
  

• Mandating a certain number of police department paid hours of community service for all street police in the communities they police.
  
  

• Community Policing. Non-armed personnel set up to handle most cases. These include taking reports for crimes already committed, non-active situations, filing of complaints, non-violent crimes or disputes, disputes between neighbors, etc.
  
  

• Remove permanent placement of Police officers from all grade, middle and high schools.
  
  

• Domestic Abuse. Create Domestic Abuse Services, analogous to Child Protective Services. Personnel trained to deal with Domestic Abuse will be sent on such calls. Like CPS cases, a Domestic Abuse Service member can ask for police backup if they feel the situation is dangerous and warranted.
  
  

• De-Escalation Police Training. Require training in de-escalation techniques (similar to Daytona Police training based on Scotland police procedures) and showing cases of police abuse and what is non-acceptable during training. Currently, most Academies only show footage of cop killings and train police in aggressive techniques (a popular saying among police is “I’d rather be judged by 12 than carried by 6”)
  
  

• Continuation of Training. Training to be updated every three years in use of excessive force and dealing with mentally or disabled ill people. Such training will also include racial sensitivity training and update Police on new laws locally and federally.
  
  

• Any police officer who discharges his weapon five or more times on the job must go back to police academy for retraining and take mandatory course on Anger Management. This threshold of weapon use can be increased or decreased depending upon jurisdictional averages. The intention is to identify and retrain “outliers” as most police officers rarely utilize their guns more than once if at all.
  
  

• Civil Rights History will be taught the first month in the Police Academy or other Training. These classes should include history of “Black Codes” and Jim Crow laws.
  
  

• Reason for Contact: Upon Initial Contact of Any Kind with A Citizen, officers must state reason for contact when an individual is first approached.
  
  

• No Duty to Speak. Police not allowed to escalate a situation merely because a person refuses to talk to police or answer questions without an attorney.
  
  

• Misstating the Law by police to suspects not allowed to elicit testimony. Knowingly threatening people with greater charges then the situation dictates gives rise to disciplinary action. When defining “knowingly,” the standard applied will be what a reasonable police officer should have known.
  
  

• Reduce Contact During Traffic Ticketing. Officer must IMMEDIATELY tell the driver why he/she was pulled over. Cannot search a vehicle without an independent warrant. No need for those cited to “sign” tickets. Efforts made to reduce time and contact between officer and driver which benefits both (i.e., digitally limiting contact as technology allows). Tickets issued and sent by mail where possible. If the officer believes the driver is driving recklessly or suspicion of a DUI, they may pull over the car, but pullovers can be challenged by Dash Cam footage. If the footage does not show cause for concern, the officer can be disciplined.
  
  

• Stealing. Police officers caught stealing from a person’s house or vehicle will be charged with double the penalty a non-officer would be charged with for the same crime.
  
  

• Military Grade Weapons. Will not be brandished in public unless gunfire or deadly force required.
  
  

• Eliminate Civil and Criminal Asset Forfeiture as it gives police departments economic incentive to charge crimes which conflicts with the goals of serving justice. Only exception is if the Assets are related to the crime.
  
  

• It will be illegal for a police officer to have Sex with A Detainee or Suspect under their charge. It will be considered statutory rape because it is unreasonable to assume consensual sex due to the power dynamic.
  
  

• Shoot to Wound policy in event of unarmed suspect, fleeing suspect (that poses an imminent danger only) or if deadly force is unnecessary.
  
  

• End all Quota-based policing.