Police Reform in the Aftermath of George Floyd's Death

Name: Police Reform in the Aftermath of George Floyd's Death
Brand: Nova Science Publishers Inc
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B. Smith Robert(Editor)

Nova Science Publishers Inc

Published on 26. October 2020

372 pages

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978-1-5361-8550-8 (ISBN)

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Content

Intro
Contents
Preface
Chapter 1
George Floyd Justice in Policing Act of 2020(
Title I-Police Accountability
Subtitle A-Holding Police Accountable in the Courts
Sec. 101. Deprivation of Rights under Color of Law
Sec. 102. Qualified Immunity Reform
Sec. 103. Pattern and Practice Investigations
Sec. 104. Independent Investigations
Subtitle B-Law Enforcement Trust and Integrity Act
Sec. 111. Short Title
Sec. 112. Definitions
Sec. 113. Accreditation of Law Enforcement Agencies
Sec. 114. Law Enforcement Grants
Sec. 115. Attorney General to Conduct Study
Sec. 116. Authorization of Appropriations
Sec. 117. National Task Force on Law Enforcement Oversight
Sec. 118. Federal Data Collection on Law Enforcement Practices
Title II-Policing Transparency through Data
Subtitle A-National Police Misconduct Registry
Sec. 201. Establishment of National Police Misconduct Registry
Sec. 202. Certification Requirements for Hiring of Law Enforcement Officers
Subtitle B-PRIDE Act
Sec. 221. Short Title
Sec. 222. Definitions
Sec. 223. Use of Force Reporting
Sec. 224. Use of Force Data Reporting
Sec. 225. Compliance with Reporting Requirements
Sec. 226. Federal Law Enforcement Reporting
Sec. 227. Authorization of Appropriations
Title III-Improving Police Training and Policies
Subtitle A-End Racial and Religious Profiling Act
Sec. 301. Short Title
Sec. 302. Definitions
Part I-Prohibition of Racial Profiling
Sec. 311. Prohibition
Sec. 312. Enforcement
Part II-Programs to Eliminate Racial Profiling by Federal Law Enforcement Agencies
Sec. 321. Policies to Eliminate Racial Profiling
Part III-Programs to Eliminate Racial Profiling by State and Local Law Enforcement Agencies
Sec. 331. Policies Required for Grants
Sec. 332. Involvement of Attorney General
Sec. 333. Data Collection Demonstration Project
Sec. 334. Development of Best Practices
Sec. 335. Authorization of Appropriations
Part IV-Data Collection
Sec. 341. Attorney General to Issue Regulations
Sec. 342. Publication of Data
Sec. 343. Limitations on Publication of Data
Part V-Department of Justice Regulations and Reports on Racial Profiling in the United States
Sec. 351. Attorney General to Issue Regulations and Reports
Subtitle B-Additional Reforms
Sec. 361. Training on Racial Bias and Duty to Intervene
Sec. 362. Ban on No-Knock Warrants in Drug Cases
Sec. 363. Incentivizing Banning of Chokeholds and Carotid Holds
Sec. 364. Peace Act
"§ 1123. Limitation on Justification Defense for Federal Law Enforcement Officers
Sec. 365. Stop Militarizing Law Enforcement Act
Sec. 366. Public Safety Innovation Grants
Subtitle C-Law Enforcement Body Cameras
Part 1-Federal Police Camera and Accountability Act
Sec. 371. Short Title
Sec. 372. Requirements for Federal Law Enforcement Officers Regarding the Use of Body Cameras
Sec. 373. Patrol Vehicles with in-Car Video Recording Cameras
Sec. 374. Facial Recognition Technology
Sec. 375. GAO Study
Sec. 376. Regulations
Sec. 377. Rule of Construction
Part 2-Police Camera Act
Sec. 381. Short Title
Sec. 382. Law Enforcement Body-Worn Camera Requirements
"Part OO-Law Enforcement Body-Worn Cameras and Recorded Data
"Sec. 3051. Use of Grant Funds
"Sec. 3052. Body-Worn Camera Training Toolkit
"Sec. 3053. Study
Title IV-Justice for Victims of Lynching Act
Sec. 401. Short Title
Sec. 402. Findings
Sec. 403. Lynching
"§ 250. Lynching
Title V-Miscellaneous Provisions
Sec. 501. Severability
Sec. 502. Savings Clause
Purpose and Summary
Background and Need for the Legislation
Background
The Link between Race and Concerns About Use of Excessive Force by Police
Killings since 2014 of African-Americans in Police Custody and Movement for Police Accountability and Transparency
The Burden on Law Enforcement
Need for Legislation
Post-Incident Accountability Measures
"Pattern or Practice" Enforcement Actions under 34 U.S.C. § 12601
Federal Criminal Enforcement Pursuant to 18 U.S.C. § 242
Civil Action for Deprivation of Constitutional Rights
Independent Investigations, Departmental Discipline, and Civilian Oversight
Data Collection Measures
Pre-Incident Measures to Reduce Risk of Violent Police-Citizen Encounters
Use of Force Standards
Accreditation
Training to End Racial Profiling and to Reduce Risk of Violent Interactions between Police and Racial and Other Minorities
Ban on Chokeholds and Carotid Holds
Ban on No-Knock Warrants in Drug Cases
Limit Transfers of Military Equipment for Police
Background on 1033 Program
Regulation of the 1033 Program
Body Cameras and Limits on Facial Recognition Technology
Law Enforcement and Body Cameras
Facial Recognition Technology
Federal Government Use of Facial Recognition Technology
Facial Recognition's Shortcomings
Incentivizing Public Safety Innovations
Criminalizing Conspiracy to Engage in Lynching
Alternative Proposals Offered by President Trump and Senator Scott Are Insufficient
Hearings
Committee Consideration
Committee Votes
Committee Oversight Findings
New Budget Authority and Tax Expenditures and Congressional Budget Office Cost Estimate
Duplication of Federal Programs
Performance Goals and Objectives
Advisory on Earmarks
Section-by-Section Analysis
Title I-Police Accountability
Subtitle A-Holding Police Accountable in the Courts
Section 102. Qualified Immunity Reform
Section 103. Pattern and Practice Investigations
Section 104. Independent Investigations
Subtitle B-Law Enforcement Trust and Integrity Act
Section 111. Short Title
Section 112. Definitions
Section 113. Accreditation of Law Enforcement Agencies
Section 114. Law Enforcement Grants
Section 115. Attorney General to Conduct Study
Section 116. Authorization of Appropriations
Section 117. National Task Force on Law Enforcement Oversight
Section 118. Federal Data Collection Law Enforcement Practices
Title II-Policing Transparency through Data
Subtitle A-Misconduct Registry
Section 201. Establishment of National Police Misconduct Registry
Section 202. Certification Requirements for Hiring of Law Enforcement Officers
Subtitle B-Police Reporting Information Data and Evidence (Pride) Act
Section 221. Short Title
Section 222. Definitions
Section 223. Use of Force Reporting
Section 224. Use of Force Data Reporting
Section 225. Compliance with Reporting Requirements
Section 226. Federal Law Enforcement Reporting
Section 227. Authorization of Appropriations
Title III-Improving Police Training and Policies
Subtitle A-End Racial and Religious Profiling Act
Section 301. Short Title
Section 302. Definitions
Part I-Prohibition of Racial Profiling
Section 311. Prohibition
Section 312. Enforcement
Part II-Programs to Eliminate Racial Profiling by Federal Law Enforcement Agencies
Section 321. Policies to Eliminate Racial Profiling
Part III-Programs to Eliminate Racial Profiling by State and Local Law Enforcement Agencies
Section 331. Policies Required for Grants
Section 332. Involvement of Attorney General
Section 333. Data Collection Demonstration Project
Section 334. Development of Best Practices
Section 335. Authorization of Appropriations
Part IV-Data Collection
Section 341. Attorney General to Issue Regulations
Section 342. Publication of Data
Section 343. Limitations on Publication of Data
Part V-Department of Justice Regulations and Reports on Racial Profiling in the United States
Section 351. Attorney General to Issue Regulations and Reports
Subtitle B-Additional Reforms
Section 361. Training on Racial Bias and Duty to Intervene
Section 362. Ban on No-Knock Warrants in Drug Cases
Section 363. Incentivizing Banning of Chokeholds and Carotid Holds
Section 364. PEACE Act
Section 365. Stop Militarizing Law Enforcement Act
Section 366. Public Safety Innovation Grants
Subtitle C-Law Enforcement Body Cameras
Part I-Federal Police Camera and Accountability Act
Section 371. Short Title
Section 372. Requirements for Federal Law Enforcement Officers Regarding the Use of Body Cameras
Section 373. Patrol Vehicles with In-Car Video Recording Cameras
Section 374. Facial Recognition Technology
Section 375. GAO Study
Section 376. Regulations
Section 377. Rule of Construction
Part 2-Police Camera Act
Section 381. Short Title
Section 382. Law Enforcement Body-Worn Camera Requirements
Title IV-Justice for Victims of Lynching Act
Section 401. Short Title
Section 402. Findings
Section 403. Lynching
Title V-Miscellaneous Provisions
Section 501. Severability
Section 502. Savings Clause
Changes in Existing Law Made by the Bill, as Reported
Changes in Existing Law Made by the Bill, as Reported
Title 18, United States Code
Part I-Crimes
Chapter 13-Civil Rights
§ 242. Deprivation of Rights under Color of Law
§ 250. Lynching
Chapter 51-Homicide
§ 1123. Limitation on Justification Defense for Federal Law Enforcement Officers
Revised Statutes of the United States
Title XXIV
Violent Crime Control and Law Enforcement Act of 1994
Title XXI-State and Local Law Enforcement
Subtitle D-Police Pattern or Practice
Sec. 210401. Cause of Action
Sec. 210402. Data on Use of Excessive Force
Omnibus Crime Control and Safe Streets Act of 1968
Title I-Justice System Improvement
Part E-Bureau of Justice Assistance Grant Programs
Subpart 1-Edward Byrne Memorial Justice Assistance Grant Program
Sec. 501. Description
Sec. 502. Applications
Part Q-Public Safety and Community Policing
"Cops on the Beat"
Sec. 1701. Authority to Make Public Safety and Community Policing Grants.
Sec. 1709. Definitions
Part OO-Law Enforcement Body-Worn Cameras and Recorded Data
Sec. 3051. Use of Grant Funds
Sec. 3052. Body-Worn Camera Training Toolkit
Sec. 3053. Study
Controlled Substances Act
Title II-Control and Enforcement
Part E-Administrative and Enforcement Provisions
Search Warrants
Title 10, United States Code
Subtitle A-General Military Law
Part IV-Service, Supply, and Procurement
Chapter 153-Exchange of Material and Disposal of Obsolete, Surplus, or Unclaimed Property
§ 2576a. Excess Personal Property: Sale or Donation for Law Enforcement Activities
Minority Views
H.R. 7120 as Drafted Will Handicap Law-Abiding Law Enforcement Officers and Make American Communities Less Safe
Lowering the Mens Rea Standard-Section 101
Removal of the Qualified Immunity Doctrine-Section 102
Establishment of a National Police Misconduct Registry-Section 201
Limiting Federal Programs That Provide Military Equipment to Law Enforcement-Section 365
Republican Amendments Rejected by the Democrat Majority Would Have Improved the Legislation
Improving Police Accountability
Strengthening Penalties for Lynching
Ensuring Adequate Border Security
Chapter 2
Comparing Police Reform Bills: The Justice in Policing Act and the JUSTICE Act(
Subjects Covered by Both Bills
Limitations on Chokeholds and Other Uses of Force
No-Knock Warrants
Body Cameras
Law Enforcement Misconduct and Disciplinary Records
Training, Best Practices, and Accreditation
Reporting on Use of Force and Other Matters
Sexual Acts Under Color of Law
Law Enforcement Demographics
Provisions Unique to the Justice in Policing Act
Criminal Liability For Civil Rights Violations
Qualified Immunity
Civil Rights Investigations
Use of Force Investigations
Racial Profiling
Provisions Unique to the JUSTICE Act
New Criminal Offense
Anti-Lynching Provisions
Exploratory Commissions
Chapter 3
Congress and Police Reform: Current Law and Recent Proposals(
Federal Regulation of State and Local Law Enforcement
Federal Criminal Law
DOJ Civil Enforcement
Private Civil Rights Litigation
Grant Conditions and Federal Oversight
June 2020 Executive Order
Proposals for Law Enforcement Reform in Congress
Qualified Immunity
Criminal Liability
Limitations on Military-Grade Equipment
Grants and Conditions on Federal Funds
Comprehensive Reform Efforts
The Justice in Policing Act of 2020
The JUSTICE Act
Chapter 4
Congress and Law Enforcement Reform: Constitutional Authority(
Limits to Congressional Authority
Spending Power and Regulating Law Enforcement Activities
Section 5 of the Fourteenth Amendment and Regulating Law Enforcement Activities
Considerations for Congress
Chapter 5
Policing Reform Legislation: Conditions on Funding and New Authorizations(
Abstract
Conditions on Department of Justice Grant Programs in H.R. 7120 and S. 3985
Authorized and Appropriated Funding in H.R. 7120 and S. 3985
Chapter 6
Policing the Police: Qualified Immunity and Considerations for Congress(
What Is Qualified Immunity?
Historical Development of Qualified Immunity
The Debate over Qualified Immunity
Considerations for Congress
Chapter 7
Police Accountability Measures(
Data on Use of Force
Independent Investigations of the Use of Excessive Force
Early Warning Systems
National Decertification Index
Body-Worn Cameras
Civilian Review Boards
Chapter 8
Programs to Collect Data on Law Enforcement Activities: Overview and Issues(
Abstract
Introduction
Legislative Proposals to Collect Data on Law Enforcement Activities
H.R. 7120, the George Floyd Justice in Policing Act
Data on Law Enforcement Practices
Data on Use of Force
Data on Racial Profiling
S. 3985, the JUSTICE Act
Mandatory Participation in the Federal Bureau of Investigation's Use-of-Force Data Collection Program
Data on No-Knock Warrants
Current Department of Justice Efforts to Collect Data on Law Enforcement Activities
Use-of-Force Data Collection Program
Deaths in Custody Reporting Program
Selected Issues
Potential Overlap Between Data Collection Programs in H.R. 7120 and S. 3985
Scope of Racial Profiling Data in H.R. 7120
Structures for Collecting Data in H.R. 7120 and S. 3985
Agency Responsible for Overseeing Data Collection in H.R. 7120 and S. 3985
Conditions on JAG Funds in H.R. 7120 and S. 3985
Chapter 9
Federal Police Oversight: Criminal Civil Rights Violations Under 18 U.S.C. § 242(
Introduction
History and Text of Section 242
Enforcement and Judicial Interpretation of Section 242
Acting Under Color of Law
Deprivation of Rights
Differential Punishment
Willfulness Requirement
Considerations for Congress
Chapter 10
Regulating Federal Law Enforcement: Considerations for Congress
Introduction
Current Law Regulating Federal Law Enforcement
Federal Criminal Law
Administrative Remedies
Civil Remedies Under Bivens and the FTCA
Bivens Claims
The FTCA
Considerations for Congress
Chapter 11
What Role Might the Federal Government Play in Law Enforcement Reform?(
Introduction
Limits of Congressional Authority
Tools Available to the Federal Government to Promote Law Enforcement Reform
Investigating Law Enforcement Misconduct
The Influence of DOJ on Policing
Law Enforcement Reform Efforts in the Current Congress
Policy Options
Chapter 12
Overview of Recent Anti-Lynching Proposals(
Introduction
Chapter 13
Proposals for Systems of Records on "Wandering Officers"(
Introduction
Recommendation of the 21st Century Policing Task Force
National Decertification Index
Legislative Proposals
Wandering Officers Find New Jobs
Legislative Issues
Access
Database Changes
Privacy Risks
Legislative Issues
Access
Database Changes
Privacy Risks
Chapter 14
Reforming Patterns of Unconstitutional Policing: Enforcement of 34 U.S.C. § 12601*
Introduction
Section 12601's Requirements and Procedures
Constitutional Violations and Section 12601
Investigation Targets and Investigation Challenges
Section 12601 Remedies and Consent Decrees
Prosecutorial Discretion and DOJ's Enforcement History
Considerations for Congress
Index
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Police Reform in the Aftermath of George Floyd's Death

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