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J A N 2 0 1 4 F E B
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J A N 2 0 1 4 F E B
Measuring
Law Enforcement
Performance Dr. Jeffry Phillips
Various authoritative means exist to
thwart unconstitutional practices on
behalf of law enforcement agencies. Certainly
the pursuit of litigation is one that is perhaps
most common in trying to make the plaintiff
“whole”; however, when it comes to attempts
in bringing change and reform to a law en-
forcement agency that has been accused of
constitutional violation patterns, perhaps
amongst the most ubiquitous are consent de-
crees and memorandum of agreements. Both
consent decrees and memorandum of agree-
ments may be initiated on behalf of the gov-
ernment or private parties. In most instances
where a consent decree is the result, a moni-
tor is appointed as a mediator to determine
whether reforms are being instituted (Kupfer-
berg, 2008).
In 1994, Congress adopted 42 U.S.C §
14141 in response to overwhelming demand
by the public for systemic reform of law en-
forcement agencies. In essence, the statute au-
thorizes the US Attorney General to initiate
investigations on law enforcement agencies.
Such investigations focus on conduct consist-
ing of “pattern or practice” that violate or de-
prive persons’ constitutional rights, or violate
the law of the United States (Ross & Parke,
2009). Dependent upon the outcomes of the
investigations, the US Department of Justice
(DOJ) under the direction of the Attorney
General may also file civil litigation to enforce
the elimination of such illegal practices on
part of the subject law enforcement agencies
(Simmons, 2008; United States Department
of Justice, 2010). As indicated in Table No.
The purpose of this article is to discuss the value in assessing police
organizations’ internal controls, and how this practice may assist in
mitigating exposure that is inherent within police operations. By
having a law enforcement performance auditing practice as part
of a risk management program, law enforcement agencies may
measure whether they are following their own policies and
procedures, or whether such policies and procedures are adequate
as internal controls to address the inherent risks of their law
enforcement operations. In addition, such practice may enhance
the ability to mitigate their risk exposure with lawsuits and consent
decrees while contemporaneously adding public value to the police
organization.
1, since 1997 the US DOJ has conducted at
least 20 investigations into law enforcement
agencies, six of which resulted in a memoran-
dum of agreement, and five others resulted in
consent decrees (United States Department of
Justice, 2010).
The goal of a consent decree is to imple-
ment reform within law enforcement agencies
by requiring them to institute best practice
operational performance, by creating and/or
improving current departmental policy and
procedure, and providing for such best prac-
tices to guard against constitutional rights
violations. During the course of a consent
decree, the subject law enforcement agency is
tasked with implementing the requirements
of the consent decree. (See chart on page 14)
Additionally, the agency is compelled to
provide evidence as to whether the implemen-
tation has taken place (Ross & Parke, 2009).
Providing some background on how the
bigger issues are being dealt with on the fed-
eral level, and how it affects state and local law
enforcement agencies, is germane to our un-
derstanding in measuring performance of law
enforcement operations. Moreover, it is criti-
cal to keep in mind the normative manner in
which law enforcement agencies respond to
claims of constitutional rights violations. By
in large, law enforcement agencies will react
swiftly by conducting a case biopsy, and mak-
ing a determination on the specific issue at
hand; whether admitting to fault, or defend-
ing its actions. However, here we focus on the
ability for law enforcement agencies to take
a step back, and assess whether there are any
systemic processes or issues currently in place
that allowed, or facilitated something wrong
to occur. Of great importance here is the
current gap in measuring a law enforcement
agency’s risk, or how operations are comply-
ing with its own policy and procedures, and
within the confines of state and federal law.
continued on page 14
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