expansion of state power
Problem
Racism
- People of color are in danger
- race impacts policing
Fauilure of accountability
- policemen aren't convicted
- Keeos out records
- not accountable
- not much disciplinary action
- loose standards
- laws are there, but very hard to prove racism even when blatant
- does not address institutional problem, only what police mindset was at current time
Overview of section 14141
History of 14141
- examples of beating in LA
- City of LA v Lyons
- Bc of that, created control law enforcement act
Operation
- Attorney General can investigate and start civil litigation for patterns of misconduct
- needs a violation of constitution if proven
- needs a pattern of misconduct, not just 1
- Problem
- Found more problems than possible to investigate
- Allows the DOJ to pursue reform
- Encourages law enforcement tot change, to avoid cost
- reduces information needed to adress
- only lost once, so works
- Serious use of force Decreased by 15%
Lack of resources finder 14141
- Requires more resources
- Can't investigate all cases statewide
- investigation needs lots of rresources
- Needs motivation, which worked for obama, but not trump
Expanding to the states
- Expanding power to states distributes the resources needed
Expanding existing power
- currently autorney generals have same kinda power as 14141
- only codify it
- Need to expand power to its widely recognised
- Formalization, would strengthen it
Concequences
- Solves resources, cases, and motivations
- Allows for bottom up reform, which is more effective
Concerns
- Federalism, states can ovveride the federal which is bad
- *though has already been done through attorney state generals
Model
- California civil code is close to an implementation
- not used often bc of resource constraints
- law is beneficial though
- enabled state to uphold obama era reforms