Criminal Justic1
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Nov 24, 2024
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Criminal Justice
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Effectiveness Of Consent Degrees and Section 14141 Of the Violent Crime Control and
Law Enforcement Act Of 1994.
The Department of Justice (DOJ) has the authority to take action when claims are made
about the infringement of constitutional rights and police by Section 14141 of the Violent Crime
Control and Law Enforcement Act of 1994. Section 14141 gives the Department of Justice the
power to investigate law enforcement agencies and their activities in order to verify if they have
ignored any constitutional principles that must be honored or followed. If the DOJ finds a pattern
of civil rights abuses, it pushes policy changes to make things right (
Ostrowe, 2023).
The DOJ
has three options for doing this. One is a technical help letter outlining the adjustments the law
enforcement organization has to make. The second approach uses a memorandum of
understanding (MOU) and is an informal agreement. The third and final strategy is legal action
against a state where a consent decree has been created.
The DOJ has been able to look into complaints of misbehavior in around 65 jurisdictions
across 27 agencies since the Act was formed. These investigations have brought to light
misbehavior patterns including but not limited to racial profiling and overuse of force, and
jurisdictions often choose to settle with the DOJ instead of facing the risk of going to court when
informed about these violations. An MOU or consent order is often used to conduct the
discussions. In this context, a consent decree is a legal agreement between the government and a
party intended to address and remedy wrongdoings perpetrated by a government agency or other
party, with the court acting as a mediator to assist the parties in reaching a settlement and
establishing a successful negotiation. One of the strategies used to improve the police was the
consent decree (
Parella, 2021).
3
Nevertheless, because of its flaws, it has often come under scrutiny. Regardless of its
short-term success, it could be more sustainable in the long run. The consent decree's concerns
with secrecy and confidentiality are one reason it has been ineffective over time. However, these
issues are not as significant during the last few years. By putting in place a consent decree
primarily aimed at ensuring that law enforcement agencies are held accountable for their actions
and made to comply with the same standards they impose on others justice is hoped to be served
(
Van Loo, 2020).
Carrying out these tasks falls under the responsibility of monitoring teams from
relevant agencies who ensure the team complies with all terms stated in the consent decree.
Dealing with the problem of police misconduct remains an ongoing challenge for present-
day law enforcement agencies. As more and more cases of police misbehavior come to light, so
does their media coverage. The DOJ acted in response to this and intervened under Section
14141 to limit police misconduct by holding law enforcement agencies accountable whenever
their personnel participates in police misconduct and using consent decrees for negotiation. This
offers law enforcement organizations the option to increase the community's connection with the
police and the quality of the policing services they provide to the general public.
In conclusion, consent decrees and Section 14141 have been beneficial in promoting
constitutional policing by empowering the DOJ to investigate and prosecute law enforcement
agencies that engage in a pattern or practice of constitutional infractions. These legislative
provisions provide the groundwork for keeping law enforcement agencies responsible while
encouraging openness and community involvement.
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References
Van Loo, R. (2020). THE NEW GATEKEEPERS.
Virginia Law Review
,
106
(2), 467-522.
Parella, K. (2021). Protecting third parties in contracts.
American Business Law Journal
,
58
(2),
327-386.
Ostrowe, J. W. (2023). Intervention and Reform: Addressing Misconduct in American Police.
In
Exploring Contemporary Police Challenges
(pp. 124-138). Routledge.