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In a significant move toward accountability, the U.S. Justice Department has unveiled a database to monitor instances of misconduct by federal law enforcement officers.
The initiative, part of President Biden’s broader policing reform agenda outlined in a May 2022 executive order, aims to prevent the inadvertent hiring of problematic officers by federal agencies.
The database, however, is restricted to records of federal law enforcement and is not accessible to the public.
“This database will ensure that records of serious misconduct by federal law enforcement officers are readily available to agencies considering hiring those officers,” Biden said of the initiative.
Attorney General Merrick Garland echoed this sentiment, noting that the database provides federal agencies with a vital tool for vetting and hiring officers, thereby reinforcing efforts to build and maintain public trust in law enforcement.
“No law enforcement agency — including the Justice Department — can effectively do its work without the trust of the public,” Garland said in an emailed statement.
According to the DOJ, the database will include records related to criminal convictions, civil judgments, terminations, suspensions, resignations or retirements under investigation, as well as sustained complaints or disciplinary actions for serious misconduct.
Serious misconduct categories encompass actions such as excessive force, obstruction of justice, bias or discrimination findings, making false reports or statements under oath, theft and sexual misconduct.
While the database is currently accessible only to Justice Department employees, future plans involve expanding access to users in other federal law enforcement agencies, as well as state and local law enforcement agencies.
The Bureau of Justice Statistics plans to release an annual public report on the database, with individual incident data anonymized to protect officers’ privacy.
The database has not been without its criticism, with police reform advocates complaining about its limited scope.
Kyle Bibby, chief of campaigns and programs for Color of Change, a national racial justice organization, acknowledged the database’s creation as a positive step forward, but said there needed to be greater inclusion from local and state police departments.
“As we call for local and state jurisdictions to adopt this federal framework, one of the most consistent opposition forces will continue to be local police unions,” Bibby said.
The creation of the database comes at a time when calls for transparency and accountability in law enforcement are gaining momentum.
Recent examples of officers fired for high-profile misconduct being hired by other police departments underscore the urgency of tracking and preventing such occurrences.
In parallel efforts, the International Association of Directors of Law Enforcement Standards and Training has established the National Decertification Index, a repository with over 53,000 records from 49 state agencies.
Participation in this database is voluntary, and it only includes records related to officer decertification, excluding other disciplinary measures like firings or suspensions.
The federal government is further incentivizing states and local agencies to join the National Decertification Index by prioritizing grants for law enforcement agencies utilizing the database in their employment vetting processes.
While the federal misconduct database has been largely received with positivity, concerns persist about the limited transparency and accountability of federal law enforcement agencies.
NBC News’ analysis revealed discrepancies in obtaining comprehensive data on the use of force by federal officers.
For instance, a review of the Department of Justice’s four main law enforcement agencies — the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives — uncovered 223 shootings involving federal officers from 2018 to 2022.
Out of those shootings, there were 151 fatalities. However, questions have been raised about the lack of detailed use-of-force data present among DOJ agencies.
While the DOJ has compelled local police departments to release detailed data on police shootings through court-ordered consent decrees, its own law enforcement agencies enjoy legal exemptions from similar scrutiny.
The use-of-force data published by these agencies is so limited that it hinders a clear understanding of the circumstances surrounding shootings, making it difficult to determine who was involved, why the incident occurred and who pulled the trigger.
According to NBC News, the majority of federal law enforcement shootings occurred during U.S. Marshals operations, with the agency attributing its high number of shootings to pursuing and apprehending fugitives.
Many incidents involved large law enforcement teams composed of federal agents, deputized local police and officers without federal status.
Federal task force officers fired in approximately one-third of the incidents reviewed. In 8% of the cases, local police who were not deputized members of task forces were the only officers who fired. Federal officers fired in 47% of the reviewed incidents.
Notably, NBC News was unable to obtain information on the type of officers involved in 15% of the shootings.
The individuals shot were often suspects wanted for crimes ranging from probation violations to drug trafficking and murder. Twenty-two individuals were not the intended targets of the operations, including bystanders and individuals wanted for other crimes.
Despite the potentially grave consequences of these shootings, investigations were primarily conducted by local law enforcement or prosecutors.
NBC News confirmed the findings of 144 investigations, revealing that only two instances deemed the officers’ use of force as not justified. Even in cases where federal or task force officers were charged, prosecution proved exceedingly challenging.
In response to these findings, a DOJ spokesperson stated, “We are committed to accountability and continuous improvement and are actively exploring ways to enhance the transparency of our use-of-force data.”
Critics have also argued that federal law enforcement agencies have been slow to adopt essential reforms embraced by many local police departments, such as the use of body cameras.
According to official data, more than 60% of local agencies have adopted body cameras, while federal agencies rarely use the technology, leading many law enforcement leaders to find fault with the discrepancy.
“The federal mentality isn’t one where openness and transparency is at the top of the philosophical repertoire,” former Austin Police Chief Art Acevedo said.
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