Policing in America: Making Police More Transparent and Accountable

Editor’s Note: In response to the death of George Floyd and marches calling for significant police reform, Court Watch of Dutchess County has decided to post a multi-part series called “Policing in America,” to educate the public on the racist evolution of policing in America and reform solutions that put the welfare of marginalized communities first. 

As the problems with "broken windows" policing and other contemporary enforcement strategies have been exposed, people who hope to make our criminal justice system more just have been promoting measures aimed at requiring law enforcement to be more transparent and accountable to the citizens they serve. Shannon Wong, the Lower Hudson Valley Chapter Director for the New York Civil Liberties Union (NYCLU) and ENJAN member, hopes that jails, prisons, and law enforcement will look different in the wake of the coronavirus pandemic and the recent attention to victims of police violence. She described a number of state and local-level policies that NYCLU, ENJAN and many other organizations are supporting to help make this a reality.

NYCLU has created Behind the Badge, an online database detailing what policies police departments across the state must adhere to. This helps keep citizens informed about the actions of law enforcement in their area. In addition to this database, NYCLU and other advocacy groups have had three long-term primary policy goals: the repeal of Section 50-a in New York state law and the passage of both the Police-STAT Act and the Right to Know Act.

Section 50-a, according to the NYCLU, is “the country’s most secretive law on police misconduct”; it declares all police personnel records to be confidential. This law allowed the police to hide the outcomes of disciplinary hearings and body camera footage from the public. The law has enabled police secrecy and kept police officers from being held accountable for their own criminal behavior. 

The Police-Statistics and Transparency (Police-STAT) Act calls for comprehensive data to be kept on New Yorkers’ interactions with police. This law provides New Yorkers with information that would allow them to gauge the impact and effectiveness of police activity while also potentially revealing evidence of existing biases in police practices.

ENJAN supported both initiatives and lobbied legislators in Albany for their passage. Due to the recent public support for police reform in the wake of the police killing of George Floyd and many other people of color, the New York State legislature recently passed both of these bills plus several others in the Safer NY Act. This effort has delivered one of the biggest victories for advocates of real justice since the 1960s.

On a more local level, ENJAN has also been working with NYCLU to support the passage of the Right to Know Act (RTKA). This law, which can be adopted by local and municipal governments, would require police officers stopping citizens to identify themselves and explain the reason for the stop. The idea behind the RTKA is that it would promote a conversation between civilians and law enforcement. Requiring officers to identify themselves and explain their actions promotes a more consistent, respectful, and community-minded approach to enforcement activities while also potentially reducing the likelihood that a routine police stop will turn violent. 

Unfortunately, up to this point, the City of Poughkeepsie police have resisted including any such provision in their police conduct manual. This resistance is not unique. Wong admits to frustration with local police departments’ distaste for local governments passing laws that require them to change their behavior. While she notes that the RTKA has received some support from the professional law enforcement community (like police chief associations), she also argues that the 2016 election of Donald Trump has resulted in an increased emphasis on “law and order” policing and has reduced pressure on police departments to reform.

Fortunately, there are still steps that the ordinary citizen can take to improve the accountability of police. Now is the time to contact mayors and city council representatives to demand their support for RTKA. It is worth pointing out that, oftentimes otherwise progressive candidates fall short on criminal justice issues, and they may only change their stances if their constituents express strong opinions. Passing the RTKA is the logical next step towards creating a transparent police force that is accountable to the public. The time for change is now.

To support the Right to Know Act in Poughkeepsie, contact members of Poughkeepsie’s Common Council. Also contact your local senator and assemblyperson to thank them for passing the Safer New York Act.