President Trump and Police Reform: Trump has our backs
/“There is no more noble and important profession than law enforcement. A free and safe society requires a trusted and capable police force to safeguard our rights to life and liberty… Together, we will examine, discuss, and debate how justice is administered in the United States and uncover opportunities for progress, improvement, and innovation.” – William P. Barr, Attorney General of the United States of America
On Jan. 22, 2020, the attorney general announced the establishment of the Presidential Commission on Law Enforcement and the Administration of Justice. President Trump had previously signed Executive Order No. 13896, authorizing and designating the attorney general to create the Commission that would explore modern issues affecting law enforcement that most impact the ability of American policing to reduce crime.
This timely Commission and its mandated resulting recommendations will require a team effort. In forming the Commission, the Department of Justice has brought together the expertise and experiences of all sectors of the law enforcement community—urban police departments, county sheriffs, state attorneys general and prosecutors, elected officials, United States attorneys and federal law enforcement agencies. Additionally, while this Commission is for law enforcement and for the purpose of bettering the profession, it is acknowledged that it is important to hear from voices and consult perspectives outside law enforcement. Civil rights organizations, civic leaders, defense bar associations, victims’ rights organizations government social service partners, and community organizations will be given opportunities to provide advice, counsel and input to the Commission in its study of the relevant issues and solutions.
The Executive Order instructs the Commission to conduct its study by focusing on the law enforcement officers who are tasked with reducing crime on a daily basis. It also directs the Commission to research “important current issues facing law enforcement and the criminal justice system,” and recommends a variety of subjects for study such as(but not limited to:
The challenges to law enforcement associated with mental illness, homelessness, substance abuse and other social factors that influence crime and strain criminal justice resources
The recruitment, hiring, training and retention of law enforcement officers, including in rural and tribal communities
Refusals by state and local prosecutors to enforce laws or prosecute categories of crimes
The need to promote public confidence and respect for the law and law enforcement officers
The effects of technological innovations on law enforcement and the criminal justice system, including the challenges and opportunities presented by such innovations
Now more than ever, this commission must more clearly define the role of law enforcement in our society. Law enforcement can no longer be all things to all people. Societal ills that we cannot arrest our way out of such as mental illness, homelessness and substance abuse, for example, can no longer be subjects that government and its people look to law enforcement to solve. Other professionals in appropriately trained disciplines must now become engaged in seeking solutions to the problems we face. It is not about “defunding” but rather about allocating resources in the most effective manner and allowing law enforcement to further remove ourselves from a societal expectation that we should be largely untrained social workers rather than professional law enforcers. Isn’t that what we’ve been saying in law enforcement all along?
Recognizing this, President Trump has in the interim signed an Executive Order which will immediately focus on policy and funding for independent credentialing for use-of-force training, improving officer retention and recruitment practices and will prioritize “co-respondent services” intended to more deeply involve social workers in responding to certain nonviolent calls — such as those involving mental health, drug addiction and homelessness issues — rather than cops alone..
The level of understanding from those implementing reforms MUST go even further. It is essential that we be able to protect ourselves and others when faced with physical attacks. We must move away from the Police Executive Research Forum recommendation of such things as encouraging departments to“adopt policies that hold themselves to a higher standard than the legal requirements of Graham v. Connor.” Without the Graham v. Connor Supreme Court ruling, which established a clear objective reasonableness standard for when an officer can legally use force on a suspect and speaks to what level of force can be used, where does it leave the officers on the front lines of enforcement and our society as a whole?
Reasonable expectations and guidance that are rooted in our Constitution, court precedent and common sense with officer and community safety in the forefront must now be given and appropriate actions must follow.
Joel E. Gordon is a former Field Training Officer with the Baltimore City Police Department and is a past Chief of Police for the city of Kingwood, West Virginia. He has also served as vice-chair of a multi-jurisdictional regional narcotics task force. An award winning journalist, he is author of the book Still Seeking Justice: One Officer's Story and founded the Facebook group Police Authors Seeking Justice. Look him up at stillseekingjustice.com
