can the doj decide what laws to enforce

Fast Facts

The Department of Justice is responsible for collecting and publishing data on law enforcement's use of excessive force. It likewise may investigate cases and pursue penalties.

In FYs 2016-2020, DOJ didn't consistently publish an annual summary of excessive strength data as required by law. This data is crucial to efforts to reduce excessive strength, according to law enforcement and ceremonious rights organization representatives, and others we interviewed. We as well found that DOJ could do a better job of sharing information within the section on excessive force allegations and investigations. Our 11 recommendations accost these issues and more than.

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Highlights

What GAO Institute

Betwixt fiscal years 2016 through 2020, the Department of Justice (DOJ) collected and published some data related to law enforcement's use of force. However, DOJ did not publish an annual summary of data on excessive forcefulness in each of these fiscal years, as required past the Violent Criminal offense Command and Law Enforcement Deed of 1994, because officials did not assign roles and responsibilities for doing so. Stakeholders GAO interviewed, including law enforcement associations, civil rights organizations, and academic researchers, underscored the importance of these data to improve understanding of how to reduce excessive force. Assigning and communicating responsibility for publishing such data would help DOJ run across the police's requirements and develop useful data for the Congress and the public.

In 2016, the Federal Bureau of Investigation (FBI) initiated a new data collection effort on police force enforcement utilise of forcefulness incidents. However, due to insufficient participation by police enforcement agencies, the FBI has not met thresholds prepare by the Function of Direction and Budget for publishing use of force data or continuing the endeavour past December 2022. Farther, as of February 2021, the FBI had not assessed alternative data collection strategies. Assessing alternative data collection strategies would position the FBI to more quickly publish use of force information if the program is discontinued.

In addition, stakeholders GAO interviewed identified some practices as promising or potentially promising in reducing the utilize of excessive strength (meet fig.).

Figure: Practices Stakeholders Almost Often Identified every bit Promising or Potentially Promising in Reducing Excessive Force

DOJ does not have a specific grant plan focused on reducing excessive strength by law enforcement, but GAO identified six programs that awarded grants that covered practices that may reduce law enforcement'south use of force. From fiscal year 2016 through fiscal twelvemonth 2020, these half-dozen grant programs cumulatively provided $201.6 million for grant awards that included practices that may reduce law enforcement's excessive force.

In addition to grants, DOJ components provided grooming and technical aid related to practices that may reduce excessive force. For example, DOJ'south Community-Oriented Policing Services provided online courses on practices that may reduce excessive force (see fig.).

Figure: DOJ-Provided Online Training Courses Related to Practices That May Reduce Excessive Force

V components within DOJ have the authorisation to act upon allegations of civil rights violations by police force enforcement, including those arising from excessive force. These components include: (1) the Special Litigation Department inside DOJ's Civil Rights Sectionalisation, (2) the Criminal Section inside DOJ's Civil Rights Division, (three) DOJ's 94 U.Southward. Attorneys' Offices, (4) the Civil Rights Unit of measurement within the FBI, and (v) the Role for Civil Rights within the Part of Justice Programs.

From fiscal year 2016 through fiscal year 2020, all 5 components opened investigations into civil rights violations. However, DOJ does non ensure that all allegations within its jurisdiction are shared across these components. In 2016, the Civil Rights Division and the Function for Civil Rights established a protocol, which directed the components periodically assess and, when appropriate, adopt available options for systematically sharing electronic information on misconduct allegations related to police enforcement agencies that may be receiving DOJ grants. Every bit of March 2021, officials from the Part for Civil Rights stated that they had not done so, equally they believed that the protocol was merely informational. Rather, Civil Rights Partitioning officials told usa they share allegations of civil rights violations with the FBI, Office for Civil Rights, and U.S. Attorneys' Offices through monthly meetings, emails, and phone calls.

Members of the public who submit allegations to one DOJ'south five components with jurisdiction over civil rights may non have complete data on the corresponding jurisdictions and priorities of each of these components. Therefore, systematic tracking and information sharing could provide members of the public with assurance that their allegations will be shared with all components with the power to accept action.

The Ceremonious Rights Partition'southward Special Litigation Section is responsible for identifying patterns and practices of law enforcement misconduct. However, Special Litigation Department staff are not required to use DOJ's allegation information to identify potential problems at law enforcement agencies or clarify trends. Instead, staff review each allegation independently, and are not required to identify trends across individual allegations of law misconduct that cumulatively may bespeak a blueprint or practise of misconduct. Ceremonious Rights Division officials stated that, though not required, staff could utilize the Civil Rights Segmentation'due south accusation database to place patterns and trends if they wanted to do so. Requiring staff to use allegation information to place potential patterns of systemic law enforcement misconduct and analyze trends could improve the utility of DOJ's allegation information and provide greater balls that the Partition is optimizing its use of information avails to aid decision-making.

Why GAO Did This Study

Contempo deaths of individuals during law enforcement encounters take generated involvement in the federal regime's efforts to improve empathize and reduce the use of excessive force and bias in police enforcement. Law enforcement officers may use force to mitigate an incident, make an arrest, or protect themselves or others from harm. Withal, if an officer uses more than force than is reasonable nether the circumstances, that use of forcefulness is excessive and may violate an individual's ceremonious rights.

Generally, the regulation of the nation'south estimated xviii,000 state and municipal police force enforcement agencies is entrusted to usa. Yet, within the federal government, DOJ performs some roles related to law enforcement's use of forcefulness, including collecting relevant data, providing grants and training to law enforcement agencies, and receiving and investigating allegations of excessive force.

GAO prepared this written report under the dominance of the Comptroller Full general in lite of national and congressional interest in constabulary enforcement's utilise of force. This report addresses (1) DOJ's drove and publication of data on use of force by law enforcement officers; (2) what is known most practices to reduce excessive force; (3) DOJ resource for such practices; and, (four) DOJ'south investigations into allegations of excessive forcefulness by police enforcement.

To deport this audit, GAO reviewed DOJ information and documentation and interviewed DOJ officials. GAO as well analyzed data on DOJ grants and investigations and cases related to civil rights violations. In addition, GAO reviewed academic literature and interviewed stakeholders from law enforcement associations, ceremonious rights organizations, bookish researchers, and federal government agencies.

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Recommendations

GAO is making 11 recommendations including the following:

• The Attorney General should assign responsibleness for collecting and annually publishing information on the use of excessive forcefulness by police enforcement officers and communicate this responsibleness to the designated DOJ components.
• The Director of the FBI should brainstorm to appraise potential alternative data drove strategies for the National Use of Force Data Collection.
• The Attorney Full general should ensure that the Function for Civil Rights, the Civil Rights Division, the FBI, and the U.S. Chaser's Offices jointly assess the feasibility of systematically tracking and sharing information on ceremonious rights violation allegations within DOJ'southward jurisdiction.
• The Banana Chaser General for Civil Rights should require staff to use information from allegations within the department'due south jurisdiction received from across DOJ to identify potential patterns of systemic law enforcement misconduct and analyze trends.

DOJ concurred with 9 recommendations, but did not concur with two recommendations related to its management of excessive force allegations. GAO continues to believe these recommendations would help DOJ better oversee such allegations.

Recommendations for Executive Activity

Bureau Afflicted	Recommendation	Status
Office of the Attorney Full general	The Attorney General should assign responsibility for collecting and annually publishing data on the use of excessive force by police enforcement officers and communicate this responsibility to the designated DOJ components. (Recommendation ane)	Open When nosotros confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Federal Bureau of Investigation	The Director of the FBI should begin to assess potential alternative data drove strategies for the National Utilize-of-Forcefulness Information Collection. (Recommendation 2)	Open When we confirm what actions the bureau has taken in response to this recommendation, nosotros will provide updated information.
Role of the Banana Attorney General	The Assistant Attorney General of the Office of Justice Programs should direct BJS to appraise the causes of delays in publishing reports related to law enforcement's employ of strength and identify corrective deportment to address such delays. (Recommendation three)	Open When nosotros confirm what actions the bureau has taken in response to this recommendation, we will provide updated information.
Office of the Assistant Attorney General	The Assistant Attorney General of the Office of Justice Programs should straight BJS to assess, and adjust, as appropriate, its publicly reported performance measure on the timeliness of publishing its reports to help ensure that it accurately reflects BJS's performance. (Recommendation four)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Office of the Attorney General	The Attorney General should complete an analysis to understand the extent of potential overlap among its data collection efforts related to law enforcement's apply of force, its positive or negative effects, validate these findings using relevant information and identify options for managing such overlap. (Recommendation 5)	Open When we confirm what actions the agency has taken in response to this recommendation, we will provide updated data.
Role of the Attorney General	The Attorney General should ensure that the Office for Civil Rights, the Civil Rights Division, the FBI, and the U.Due south. Attorneys' Offices jointly assess the feasibility of systematically tracking and sharing data on civil rights violation allegations within DOJ's jurisdiction. (Recommendation six)	Open up When nosotros confirm what actions the agency has taken in response to this recommendation, nosotros volition provide updated information.
Banana Chaser General	The Assistant Chaser Full general for Ceremonious Rights should require staff to use data from allegations within the department'southward jurisdiction received across DOJ to identify potential patterns of systemic law enforcement misconduct and analyze trends. (Recommendation 7)	Open When nosotros confirm what actions the agency has taken in response to this recommendation, we volition provide updated information.
Assistant Chaser General	The Assistant Attorney Full general for Civil Rights should found a process to share information on potential patterns of systemic police enforcement misconduct and trends with the Case Pick Advisory Committee. (Recommendation viii)	Open up When we confirm what actions the agency has taken in response to this recommendation, we will provide updated data.
Assistant Chaser General	The Assistant Attorney Full general for Civil Rights should establish a timeliness goal for staff to initially review incoming allegations. (Recommendation ix)	Open When we ostend what actions the agency has taken in response to this recommendation, nosotros will provide updated information.
Assistant Chaser General	The Assistant Attorney General for Civil Rights should ensure that the sectionalisation collects and monitors data on the extent to which staff meet the division's timeliness goal for reviewing incoming allegations. (Recommendation ten)	Open When we ostend what actions the bureau has taken in response to this recommendation, we will provide updated information.
Office of the Chaser General	The Attorney General should ensure that components responsible for investigating and prosecuting civil rights abuses, including excessive forcefulness, collect and clarify key demographic data about victims in matters or cases that components initiate. (Recommendation xi)	Open When we confirm what actions the agency has taken in response to this recommendation, we volition provide updated information.

Full Report

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Source: https://www.gao.gov/products/gao-22-104456

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