Recently, investigations in Philadelphia, Atlanta, and Los Angeles have uncovered egregious examples of police misconduct, which in some instances has resulted in the criminal prosecution of the offending officers. These alarming stories demonstrate that without adequate accountability, the powers of the police are prone to abuse. These instances further suggest that United States police departments are not haunted by a few “bad apples,” but instead are in dire need of widespread institutional reform to transform police culture. Police culture is in part responsible for the prevalence of police misconduct and impedes meaningful police reform.

“police misconduct extends beyond actual violence and may take many forms, including failing to cooperate in investigations involving fellow officers, racial profiling, falsifying warrant affidavits, planting evidence on suspects, and perjury during a criminal trial.”

The insularity of police institutions and the solidarity of rank-and-file police officers create an impervious shield around these institutions, which, by their nature, are most deserving of transparency and public accountability. Increasing police accountability, however, is a tedious exercise because it must be done without alienating police officers. Thus, penetrating police culture to ensure transparency presents a key challenge to policymakers. Often, the very measures suggested to remedy the problems associated with police culture further alienate the officers and exacerbate tensions between them and the communities that they serve.

Police misconduct has been and continues to be a persistent problem in the United States. The term “police misconduct” connotes the image of a violent police beating, reminiscent of the widely-televised Rodney King incident. In reality, however, police misconduct extends beyond actual violence and may take many forms, including failing to cooperate in investigations involving fellow officers, racial profiling, falsifying warrant affidavits, planting evidence on suspects, and perjury during a criminal trial. Traditional methods to curb police misconduct have missed the mark because of their inability to transform police culture. The inability of local authorities and adjudicative methods to address these issues effectively has prompted calls for increased federal oversight, requiring local police departments to change their internal practices and increase transparency and accountability

Review the Catholic University Law Review’s “New Governance and the “New Paradigm” of Police Accountability” here New Governance and the New Paradigm of Police Accountability