8 Police Misconduct 8 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.
8.1. The Overlooked Potential of State AGs for Police Reform, Tony Woodlief, Governing Magazine, Opinion, June 2020
8.2. 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)
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
8.3. "Some want outside prosecution of police. Others say that’s a mistake," Dayton Daily News, Cornelius Frolick, Aug. 22, 2020
8.4. MN county attorneys: State AG office should handle police deadly force cases | MPR News
8.5. Justice Denied: An Overview of Grand Jury Proceedings in the Breonna Taylor Case
KY NAACP Legal Defense & Education Fund, December 1, 2020.
KY Attorney General Cameron's handling of the Breonna Taylor case came under intense scrutiny by the state's NAACP chapter.
8.6 Supplemental Readings 8.6 Supplemental Readings
8.6.1. Articles on AG Role in Police Shootings (2015 – 2016) (Supplemental Reading)
8.6.2. A Special Unit to Prosecute Police Killings Has No Convictions - The New York Times (Supplemental Reading)
8.6.3. Illinois AG makes the case for licensing police officers; Complains that getting the Chicago P.D. to comply with the terms of a federal consent decree has been “like pulling teeth.” Chicago Sun-Times, June 24, 2020 (Supplemental Reading)
8.6.4. PA Attorney General Shapiro announces launch of police misconduct database | Pittsburgh Post-Gazette (Supplemental Reading)
8.6.5. W.Va. Attorney General reacts to proposed police review board (Supplemental Reading)
8.6.6. 2021-03-04 Letter re Proposed Community Review Advisory Board (Supplemental Reading)
8.6.7. Attorney General James Files Lawsuit Against the NYPD for Excessive Use of Force | NY Attorney General, January 14, 2021 (Supplemental Reading)
8.6.8. Filed Complaint - NY AG v. City of New York - Police Misconduct - January 14, 2021 (Supplemental Reading)
8.6.9. Chicago Police Consent Decree - 2016 (Supplemental Reading)
http://chicagopoliceconsentdecree.org/faq/
8.6.10. "Fireside Chat" with MN AG Keith Ellison Following Prosecution of the Death of George Floyd - YouTube (Supplemental Reading)
In this YouTube video, AG Keith Ellison discusses some of his thinking regarding the prosecution of the death of George Floyd. (While the introduction and questioning by Iowa Attorney General Tom Miller is of poor quality, General Ellison's remarks via Zoom are much clearer and worth watching.)