Consent Decree

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University of Phoenix *

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544

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Law

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Feb 20, 2024

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Uploaded by DoctorGuanacoMaster919

Federal Consent Decree Federal Consent Decree and Procedural Justice Brianna Marshall AJS 544 Professor Karin Storm University of Phoenix

Federal Consent Decree Introduction In criminal justice, process and procedure are important. If proper discretion is not used, lives are affected and departments within the criminal justice, such as the police, are affected as well. If improper discretion is used at any point during the process, there are consequences and one of those consequences is the use of a federal consent decree to hold those in criminal justice accountable. Procedural justice and federal consent decrees have played a significant role in criminal justice these past years. We have witnessed them play a part in many cities like Los Angeles, California and Ferguson, Missouri. This agreement's implementation will show if the consent decree had a positive or negative effect on procedural justice. Procedural Justice & Federal Consent Decree Procedural justice is the component of justice that covers the steps taken to reach a determination of guilt. This is important in the criminal justice system because research has shown that when people are treated in conformance to justice concepts (voice, neutrality, equality, dignity) they feel the entire justice system is more legitimate (Pollock, 2019). Federal consent decree Is a formal agreement, or contract, created to resolve a dispute without either party admitting blame. This process is court ordered and presented to police departments when they are believed to have engaged in excessive use of force, false arrests and unreasonable searches and seizures (University of Phoenix, 2021). Los Angeles, California Los Angeles, one of the largest cities in California, is no stranger to the consent decree agreement. A consent decree agreement is a formal agreement, and or contract, created to resolve

Federal Consent Decree a dispute without either party admitting blame (University of Phoenix, 2021). It requires departments to reform for the good of the department and the communities they serve. In the 1990’s and 2000’s Los Angeles Police Department agreed to the consent decree after the Rampart scandal took place. The Rampart scandal was a period where the LAPD Rampart division faced police corruption. 70 police officers were implicated while 58 of them were sent to trial. 5 officers were fired, 7 resigned and 12 were placed on suspension. These officers were found guilty of drug dealing affiliations, racial profiling, excessive force, shootings, beatings, frame jobs and even the planting of evidence at crime scenes (McMahon, 2023). This incident was one of the biggest scandals to bruise the image of the LAPD. The consent of the decree lasted for approximately 12 years (2000-2012) the agreement between the city and the Department of Justice included and emphasis on management and supervisory measures to promote civil rights integrity, integrity audits, community outreach and much more trainings (Civil Rights Consent Decree Over LAPD Lifted After Almost 12 Years, 2013). In 2009, the United States District Judge Gary Fees terminated the decree at the request of the United States and the City of Los Angeles. Following this a transition agreement was produced to represent a full and complete resolution of the claims brought by the United States Department of Justice. Finally, in 2012, LA complied with terms (Civil Rights Consent Decree Over LAPD Lifted After Almost 12 Years, 2013). The city was once reluctant to accept the agreement brought forward by the department of justice. Once the contract was solidified the department complied, adjusted, took it to heart and used it as a guide to change the culture (Civil Rights Consent Decree Over LAPD Lifted After Almost 12 Years, 2013). Ferguson, Missouri

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Federal Consent Decree In 2016 Ferguson, Missouri, and the U.S department of Justice came to the agreement that it would take over the city's courts and police to protect citizens rights (Wagner, 2016). This change comes two years after a police officer involved shooting that killed a teenage black boy named Michael Brown. This shooting caused a worldwide outrage resulting in protests and riots. Even though this case resulted in the police officer not being indicted it would lead to other discoveries within the department. The Department of Justice after investigating the Ferguson Police department concluded that the department has been practicing unconstitutional racial bias in policing and found critical components in data collection, training and evaluation, use of force policies and early warning systems (Federal Judge Approves Ferguson Consent Decree Following Public Hearing, 2016). Ferguson, Missouri police department proved that they needed a change. The unethical practices by the department have caused a public outcry for a better policing system. The Positive & Negative Impact of the Consent Decree on Procedural Justice After reviewing both agreements for two different cities I was able to conclude that the consent decree can have both a positive and negative effect on procedural justice. The Los Angeles Police Department exhibited that they were ready for change once the agreement was in place. In 2006, the judge extended the decree by 3 years. At this time LAPD had complied with about 70 percent of the 152 provisions outlined in the agreement (LAPD Consent Decree Renewed, 2006). Even though this was more time added under the watch of the Justice Department, LAPD was commended on their achievement thus far. Judge Gary Fees states (2006) “The department has made progress in ways that have never been done before.” (pg. 3)

Federal Consent Decree This gave confirmation that LAPD was moving in the right direction but still needed a little more time. As for the consent decree put in place in Ferguson, Missouri, unfortunately not much progress has been made. Seven years later, the police department is continuing some of the same problematic and unlawful practices (Kanu, 2022). Both cases have shown you must put the work in if you want to see results. That is what the Los Angeles Police Department was able to do. They spent 12 years reforming the organization to handle situations better. Missouri has proven that they are not taking this change as seriously as they should be. Still engaging in old habits only shows that they have no care, and they are okay with how everything is running. It has been proven that doing it their way only leads to negative results like more racial bias, use of force and lack of procedural justice.

Federal Consent Decree References 1. Civil Rights Consent Decree Over LAPD Lifted After Almost 12 Years . (2013, May 16). CBS NEWS. https://www.cbsnews.com/losangeles/news/civil-rights-consent-decree- over-lapd-lifted-after-almost-12-years/ 2. Federal Consent Decree [Video]. University of Phoenix. https://multimedia.phoenix.edu/video/?v=750501878 3. Federal Judge Approves Ferguson Consent Decree Following Public Hearing . (2016, April 20).Advancement Project. https://advancementproject.org/news/federal-judge- approves-ferguson-consent-decree-following-public-hearing/ 4. Kanu, H. (2022, November 10). Seven years after Ferguson investigation, Missouri police still resist reforms . Reuters. https://www.reuters.com/legal/government/seven- years-after-ferguson-investigation-missouri-police-still-resist-reforms-2022-11-10/ 5. LAPD Consent Decree Renewed . (2006, May 16). Los Angeles Daily News. https://www.dailynews.com/2006/05/16/lapd-consent-decree-renewed/ 6. McMahon, M. (2023, September 29). What Was the Rampart Scandal? https://www.unitedstatesnow.org/what-was-the-rampart-scandal.htm 7. Pollock, J. M. (2019). Ethical Dilemmas and Decisions in Criminal Justice (10th ed.). Cengage. 8. Wagner, L. (2016, March 15). Ferguson City Council Accepts Consent Decree Worked Out With Justice Department . NPR. https://www.npr.org/sections/thetwo-way/2016/03/15/470598733/ferguson-city-council- accepts-deal-with-justice-department

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