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16 Criminology & Pub. Pol'y 607 (2017)
Which Way to Better Policing

handle is hein.journals/crpp16 and id is 609 raw text is: 




                          POLICY ESSAY

             POLICE CONSENT DECREES



Which Way to Better Policing?

Michael  S. Scott
Arizona   State  University



     n their important and helpful study of the impact of federal pattern-and-practice
     lawsuits and consent decrees on local police agency practices, Zachary A. Powell,
     Michele Bisaccia Meitl, and John L. Worrall (2017, this issue) assert, reasonably, that
the primary goal of the law authorizing such suits is to reduce unconstitutional policing
practices. They then argue, also reasonably, that the incidence and rate of private-citizen
federal civil-rights lawsuits against local police officers and agencies (so-called § 1983 actions
of the Civil Rights Act of 1871) serve as valid measures of the incidence of unconstitutional
policing practices. They conclude that the evidence from their study indicates that these
federal pattern-and-practice lawsuits, and the ensuing consent decrees, may be associated
with modest reductions in federal civil-rights lawsuits filed against the defendant police
officers and agencies (emphasis added). They further qualify that conclusion by pointing
out that the positive effects of these lawsuits might not be immediate-that there likely is a
time lag before the unconstitutional policing practices in question meaningfully cease-and
that there is evidence that the positive effects brought about by the lawsuits might not last
long beyond  the period of actual oversight. In brief, they conclude that federal lawsuits
against local police might marginally reduce unconstitutional policing but neither quickly
nor for very long.
    To  which I reply, so far, so good. In my mind-one well trained in policing and
in law, although only rudimentarily in social-science research methods and statistics-
Powell et al. (2017) have conducted a well-designed study, analyzed their data appropriately
(although most  police practitioners, lawyers, and other policy makers will have to take
the validity of their analysis on faith in the peer-review process), measured the proper
things (outcomes, not outputs), and reached appropriately cautious, reasonable conclu-
sions about their findings. Thus, one policy implication of this study is that it can be
placed on  the side of a scale tipping, however slightly, in favor of continuing to use



Direct correspondence to Michael S. Scott, Center for Problem-Oriented Policing, School of Criminology &
Criminal Justice, Arizona State University, 411 N. Central Ave., Suite 600, Mail Code 4420, Phoenix, AZ 85004
(e-mail: msscott5@asu.edu),

DOI:10.1 111/1745-9133.12294              D 2017 American Society of Criminology 607
                                   Criminology & Public Policy * Volume 16 * Issue 2

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