Federal Consent Decree Controls LAPD

The Los Angeles Police Department has repeatedly attempted to satisfy the conditions required under the US Department of Justice Consent Decree implemented several years ago following scandal, corruption and fraud at the LAPD.

Each year for the last nine years, on or about June 16th, LAPD lawyers appear before US District Judge Gary Feess and attempt to have the Consent Decree lifted. The problem is that LAPD personnel find dozens, if not hundreds or thousands, of ways each year to violate the terms of the Consent Decree simply by doing their job. That is, doing their job incorrectly.

It is these public disclosures of LAPD's use of excessive force, officer involved shootings without justification, beatings of suspects, planting evidence on suspects, arrests without evidence, that prevent any sentient judge from dismissing or terminating the Consent Decree.

LAPD just doesn't get it. There is a national standard of conduct that police officers must maintain. Some of that conduct is protected by fundamental and constitutional rights which means that their work activity must fall within the standard. They can't arrest people without probable cause, or at least they shouldn't. They can't fake probable cause, or at least they shouldn't. It is all of the things that they shouldn't do that creates a problem simply because they keep on doing them.

Training doesn't help, probably because it is difficult to persuade a Los Angeles cop that he is doing anything wrong. Especially if he has been on the job for 10 years or more. They engage in corruption and fraud with impunity, just part of the job. As long as its ends with a conviction then they are doing the job correctly.

The problem is people are being convicted when there is absolutely no evidence. Witnesses are forced to perjure themselves claiming they saw a crime or heard a suspect say they committed a crime. If the witness doesn't comply LAPD will threaten to keep the witness locked-up for two months in Los Angeles County Jail.

It is this kind of activity that makes it extremely difficult to justify terminating the Consent Decree especially when the wrongful conduct continues despite the Consent Decree being in place for the past nine years.

A better remedy is to increase the supervision of the LAPD under the Consent Decree. Let's see more meaningful use of the policing resource in Los Angeles and less police harassment of misdemeanor activity. It's common to see LAPD officers threatening street vendors on the streets of Los Angeles. That is a huge cost to taxpayers. Two cops, one police car, booking at the local station, transport to County Jail, food and medical attention. Court appearances and costs. Easily costs $5,000 or more to prosecute a hot-dog vendor. Is that how we want our money spent?

Chief Bratton and the Mayor say we need more cops. What for? A sudden surge in the sale of hot dogs in Los Angeles? Stop prosecuting non-serious, non-violent misdemeanors and focus on major crime. Do this and Los Angeles won't need to hire any other cops whatsoever.

If the Court denies LAPD's request it will because the Court is simply not convinced that any real change has occurred at LAPD and given it's current culture it may never change. The most remarkable improvement was achieved by former Chief Bernard Parkes who turned the Department on its head to accomplish an immediate improvement.

Unfortunately, current Chief Bill Bratton shows more interest in the state of policing in the United Kingdom than he does in California. Several other California police departments are also under a federal Consent Decree indicating that the act of policing California citizens is sorely lacking in professionalism. Sphere: Related Content