A Proactive Approach to Abusive Policing

Departments need leeway to investigate and act on civilian complaints and target frequent offenders.

An ugly and sadly familiar cycle is playing out across the nation this week: A black man dies at the hands of a police officer. Recordings of the tragedy go viral. Neighborhoods burn.

The officers involved in George Floyd’s killing were swiftly fired, though that decision may still be reversed after an arbitration process. But cities need the authority to identify problematic officers and intervene before a tragedy occurs. Police get to use force—including deadly force—under circumstances in which private citizens cannot. They also typically have a mountain of statutory and contractual protections surrounding their employment and discipline. Foremost among these are limitations on how civilian complaints of misconduct can be investigated and used in managing the police force.

In a peer-reviewed academic paper examining civilian complaints against the police in Chicago, we identify officers who, after accounting for experience and assignment history, receive excessive complaints. We find that officers with the most complaints—the worst 5% in particular—are far more likely than other officers to have large civil judgments leveled against them later in their careers. They are also more likely to be cited for dereliction of duty and off-duty misconduct. We estimate that in Chicago the worst 5% of officers account for a third of all civilian complaints. In short, such officers are likely to be bad apples.

Because civilian complaints are meaningful predictors of serious misconduct, they can be combined with other metrics—such as civil-rights lawsuits, supervisor complaints and serious off-duty misconduct—to get problematic officers off the streets or into retraining. Examples of avoidable tragedies abound. Jason van Dyke, the Chicago police officer who was recorded shooting the unarmed 17-year-old Laquan McDonald in 2014, was in the worst 3% of Chicago officers for civilian complaints before the shooting occurred. Derek Chauvin, the police officer filmed kneeling on Floyd’s neck for nearly nine minutes, was among the worst 10% of Minneapolis officers for civilian complaints, according to our rough calculations.

Unfortunately, Chicago, Minneapolis and many other cities don’t take civilian complaints as seriously as they should. State laws and union contracts often prohibit leaders from making use of complaints unless they’re “sustained”—found to have merit by an investigator—after a long and highly regulated investigation. Moreover, even for the rare civilian complaint that is sustained, any major disciplinary consequences are typically subject to lengthy arbitration or appeals.

In Chicago, we calculate that around 2% of civilian complaints are sustained. The majority of sustained allegations result in a one-day suspension or less. Minneapolis follows the same pattern, with around 1% of civilian complaints resulting in discipline.

Further, jurisdictions often place barriers that make it difficult to file a complaint in the first place. Illinois law requires complaints to be dismissed unless supported by a sworn statement, and a 2016 investigation in Minneapolis found that citizens were frequently turned away from police precincts or otherwise discouraged when trying to file complaints. How much of Mr. Chauvin’s misconduct went unreported due to the barriers to reporting and investigation? Could a more open and effective monitoring system have more clearly identified Mr. Chauvin as a problem before Floyd’s killing?

States can stop this ugly dynamic by changing laws and taking on police unions. Legislatures must give police departments greater latitude to investigate civilian complaints and use them in personnel decisions. If departments had the authority to identify problematic officers and intervene before a tragedy occurs, mayors and police chiefs would face greater democratic accountability for police misconduct. The killing of George Floyd and its aftermath should force policy makers and the public to reconsider whether it’s a good idea to combine police powers with a system of limited oversight and discipline. In our view, it isn’t.

Mr. Rozema is an associate professor at Washington University School of Law. Mr. Schanzenbach is a professor at Northwestern Pritzker School of Law.

The Only Solution Is to Defund the Police

The murders of George Floyd and Breonna Taylor prove what we already knew—police “reform” has failed.

Joe Rogan on Eric Garner: If you don’t think that’s a choke hold, let me put you in it.

If you don’t think that’s a choke hold, let me put you in it.

.. I got a discussion with somebody at
Twitter way back about that guy Michael
Brown got I can’t breathe what’s that
Michael Brown
Eric garner was Erik Roner yeah
and he somebody’s like yet what you
understand is I had a business and like
I sell let’s say I sell cigarettes if
somebody’s undercutting me with no
permits right outside that really hurts
my business I was like okay sure I’ll
give you that do you think the
punishment for that should be choking
someone maybe til I can’t breathe
and he’s like oh no no that’s too much
of a punishment okay well here’s the
problem with that the official version
of that is that he didn’t have any
cigarettes on him they did not know he
had nothing he had nothing what
yeah I know he had nothing when they
they had arrested him before for that
but he was clean so all that cigarette
he was telling him leave him the fuck
alone

he’s like you’re all I was out here
fucking with me just leave me the fuck
alone
they started I wanted to frisk them and
there was for no reason oh my god 96
Edwards is still too much it’s like just
give me the ticket bitch yes
they shouldn’t touch him I mean and he
wasn’t a violent guy wasn’t like like
threatening them
and some sort of a way
and and then they tried to say that it
wasn’t a chokehold my bitch let me put
you in that dude I by these two cops
that I wanted to they were one was sent
right after that in New York that’s not
a chokehold
and I want I wanted to stop
ago actually I’m friends with an expert
on the subject and he does say jokey to
death like that yeah I will choke you to
death with that house underneath listen
he’s got his hands grip that is like the
same ver it’s a backwards version of
what you would call like a marcelo
garcia guillotine which means like
there’s certain guys that are really
good at getting the blade of the forearm
across your esophagus it’s very painful

and like some of like a maul easton
taught me how to do this in shoutout to
Boulder Colorado I’m all Eastern is a
jiu-jitsu coach and he’s got a fantastic
guillotine and one of the things about
his guillotine is he knows how to get
that blade of that bone right into your
esophagus it’s horrific it feels
terrible
and they do it like with a high
elbow so you can’t escape it it’s and it
it’s an immediate feeling that guy has
his forearm right across that guy’s
throat yeah there’s no doubt about it
if
I’m holding that like that and I’m
clammed he has his hands clasp together
can you make it a little bigger so you
can see this is a right hand resist like
yeah see but you could still choke
someone out even if his hand I can’t
tell if his hands are connected I think
they are it looks like he’s got a man
inside his Eric garner smelling so the
hundred percent hundred percent and then
arms behind his back too but the point
is the guy who’s choking him the way
he’s doing that you could choke a guy
like that with one arm you don’t even
have to have that right arm and play if
he’s got that left arm with anything
like that always do is hook the the back
of the head or put the shoulder rather
the traps you if your arms from San Jose
he cut somebody no shields yeah yeah
that’s made one-armed guillotine yeah
Jake do anybody like that Tito Ortiz did
that in the UFC before he choked
somebody out with a one-armed
guillotined Luke Rockhold did it to
Michael Bisping he got him in a mounted
one-armed guillotine I mean here’s the
problem why don’t the other cops ever go
hey Tony that’s enough
yeah you dissin man that’s a goddamn
chokehold I know choke holds i
commentate them on for a fucking living
that’s chokehold and if you don’t think
it’s a chokehold let me put you in it
let me put you in it to see how long you
last

well it’s it’s fucking chokehold