15 Police Misconduct 15 Police Misconduct
Allegations of police misconduct are referred to attorneys general most often because of a perceived conflict because the district attorneys work with closely local police officers who always witnesses on other pending cases. Attorneys general also have a broader perspective and are therefore able to develop develop expertise in handling police cases and create statewide uniform standards. Further, from the perspective of public confidence, it is often best to have the prosecutor be from outside any local district.
The issue of who will investigate allegations of police misconduct is not new. Indeed many attorneys general have handled these cases for many years, but for other states it is new. While there are disagreements on this policy, the national trend is to expand the role of attorneys general in dealing with allegations over the use of excessive force by police officers.
15.1. The Overlooked Potential of State AGs for Police Reform, Tony Woodlief, Governing Magazine, Opinion, June, 2020
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15.2. Mn AG discusses Floyd prosecution and its impact on police - NAAG - Dec. 2021
Fireside Chat with AG Keith Ellison Following Initial Prosecution of the Death of George Floyd - YouTube
15.3. Justice Denied: An Overview of the Grand Jury Proceedings in the Breonna Taylor Case | Ky NAACP Legal Defense and Educational Fund, December 1, 2020
15.4. The Ohio Supreme Court Report ("Police Lethal Use of Force," Report and Recommendations of the Task Force to Examine Improvements to the Ohio Grand Jury System
July 2016
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- Original:https://static1.squarespace.com/static/577e9d93b3db2b9290cd7005/t/5ed5c75284ccba3548207132/1591068502177/ohio-grandjury-taskforce-report-2016-excerpt-policeuseofforce.pdf
- Archival: https://perma.cc/Q25R-SLKX
A key recommendation of the Ohio Supreme Court in its 2016 report on reviewing the use of lethal force by police was to move the investigation and possible prosecution away from District Attorneys and to the Office of Ohio Attorney General. While there has been no action on this recommendation in Ohio, the Court states the case for removing such cases from local prosecutors.
The Ohio Supreme Court Report ("Police Lethal Use of Force," Report and Recommendations of the Task Force to Examine Improvements to the Ohio Grand Jury System, The Supreme Court of Ohio, July 2016
15.5. "Some want outside prosecution of police. Others say that’s a mistake," Dayton Daily News, Cornelius Frolick, Aug. 22, 2020
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15.6. Articles on AG Role in Police Shootings (2015 – 2016)
Cuomo to Appoint Special Prosecutor for Killings by Police, The New York Times, July 7, 2015.
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- Original: https://www.nytimes.com/2015/07/08/nyregion/cuomo-to-appoint-special-prosecutor-for-killings-by-police.html
- Archival: https://perma.cc/PAR3-KJUY
Task Force: Attorney General Should Handle Fatal Police Use of Force Cases, The Columbus Dispatch, July 13, 2016.
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15.7. A Special Unit to Prosecute Police Killings Has No Convictions, Feb. 26, 2021, The New York Times
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15.8. Illinois attorney general makes the case for licensing police officers; AG Kwame Raoul also complained that getting the Chicago Police Department to comply with the terms of a federal consent decree has been, at times, “like pulling teeth.” Chicago Sun-Times, June 24, 2020
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15.9. Letter of W. VA AG re: Proposed Community Police Review Advisory Board, March 4, 2021
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15.10. Attorney General James Files Lawsuit Against the NYPD for Excessive Use of Force | New York State Attorney General, January 14, 2021
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15.11. Filed Complaint - NY AG v. City of New York - Police Misconduct - January 14, 2021
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15.12. Chicago Police Consent Decree - 2016 - Ongoing
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- Original: http://chicagopoliceconsentdecree.org/faq/
- Archival: https://perma.cc/3G96-DT9C
15.13. NJ issues sweeping changes on how police can use force, Dec 21, 2020, NJ.Com - AG Gubir Grewal
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15.14. Use of Force Policy, New Jersey Department of Law and Public Safety, December 21, 2020
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- Original: https://www.njoag.gov/force/
- Archival: https://perma.cc/JY6N-6EFY
15.15. CA Attorney General Says His Office Will Now Decide Charges In Officer-Involved Shootings of Unarmed Civilians, July 7, 2021
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