Biased policing

• • Adequate Funding and Authority: For true independence, these bodies must have sufficient resources and legal authority to access all necessary information, interview witnesses, and make binding or highly influential recommendations.
• External Law Enforcement Agencies: In some cases, accusations might be investigated by an outside law enforcement agency (e.g., a state bureau of investigation or federal agency), particularly for serious allegations. This provides a level of separation and reduces internal conflicts of interest.

2. Standardized and Transparent Investigation Processes:

Regardless of who conducts the investigation, the process itself must be designed to minimize bias.

• Clear Policies and Procedures: Agencies should have explicit, publicly available policies outlining how bias-based policing complaints are received, investigated, and adjudicated. This includes definitions of what constitutes biased policing (both explicit and implicit bias).
• Thorough Evidence Collection:
  • Comprehensive Interviews: All parties, including the complainant, the accused officer(s), and witnesses, should be interviewed thoroughly. Interviewers should be trained to avoid leading questions and to recognize potential cognitive biases.
  • Document Review: All relevant documents (e.g., police reports, body camera footage, dashcam footage, dispatch records, training records, previous complaints against the officer) must be collected and reviewed.
  • Forensic Evidence: When applicable, physical and digital forensic evidence should be gathered and analyzed impartially.
• Objective Analysis:
  • Fact-Based Findings: Investigators should focus solely on established facts and evidence, rather than assumptions or preconceived notions.
  • Avoid Confirmation Bias: Investigators must be trained to actively guard against confirmation bias, where they might seek out or interpret evidence in a way that confirms an initial hypothesis or belief about the officer or complainant.
  • Consideration of Context: While focusing on facts, the investigation should also consider the specific context of the incident without excusing potentially biased behavior.

3. Fair Treatment for All Parties:

A non-biased process protects both the complainant and the accused officer.

• Complainant Rights: Complainants should be kept informed of the investigation's progress, have the opportunity to provide their full account, and understand the potential outcomes and appeals processes.
• Officer Rights: Accused officers must be afforded due process, including the right to know the accusations against them, to respond to allegations, to present their side of the story, and often to have union representation during interviews.
• Confidentiality (where appropriate): While transparency is key, certain aspects of an ongoing investigation may need to remain confidential to protect the integrity of the process, witnesses, and the privacy of individuals, until a finding is made.

4. Training and Awareness:

• Bias Training for Investigators: Investigators themselves need specific training on implicit bias, cultural competency, and the psychology of memory and perception to conduct truly unbiased investigations.
• Public Education: Educating the public on how to file complaints and what to expect from the process can build trust and encourage legitimate reporting.

5. Data Collection and Systemic Review:

• Comprehensive Data Tracking: All complaints, investigations, findings, and disciplinary actions related to biased policing should be meticulously tracked and analyzed.
• Pattern and Practice Analysis: This data should be regularly reviewed to identify potential patterns of biased behavior by individual officers or systemic issues within the department. This proactive approach can lead to policy changes, targeted training, or interventions that address underlying biases before they escalate.
• Public Reporting of Trends: Aggregated, anonymized data and findings should be publicly reported to foster accountability and transparency, without compromising individual privacy.

6. Consequences and Remediation:

• Appropriate Disciplinary Action: When biased policing is substantiated, disciplinary actions should be consistent, fair, and proportionate to the misconduct, ranging from retraining and counseling to suspension or termination.
• Restorative Justice: In some cases, restorative justice practices might be employed to repair harm done to individuals and communities.
• Learning and Improvement: The ultimate goal is not just punishment but systemic improvement. Lessons learned from investigations should inform policy changes, training updates, and cultural shifts within the police department to prevent future occurrences of biased policing.

By implementing these mechanisms, jurisdictions can strive to create a complaint handling system that is genuinely non-biased, builds public trust, and promotes equitable policing.

Addressing accusations of biased policing in a non-biased form is crucial for maintaining public trust, ensuring accountability, and promoting justice. This requires a multi-faceted approach that prioritizes independence, transparency, thoroughness, and fairness to all parties involved. Here's how it can be achieved:

1. Independent Oversight Bodies:

The most critical component of a non-biased investigation is independence. This means that the body investigating the complaint should be separate from the police department itself, both structurally and financially.

• Civilian Review Boards/Oversight Agencies: These bodies are typically composed of community members, sometimes with investigative powers, who review citizen complaints, conduct investigations, or audit police internal investigations.
  • Impartiality: Their independence helps to mitigate the perception of bias that can arise when police investigate themselves. They are not beholden to the department's hierarchy or culture.
  • Transparency: Independent bodies often have mechanisms for public reporting, summarizing complaints, findings, and recommendations, which increases public confidence.