CENTER FOR POLICY ANALYSIS AND RESEARCH Criminal Justice
JUNE 2022 Haleigh Hoskins, John R. Lewis Social Justice Fellow
The Rally Cry Heard Around the Nation:
A Case Study on Newark’s Approach to Impactful Police Reform
CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
Introduction The brutal police killing of George Floyd in 2020 ignited a flame that eventually led to a nationwide rally cry to defund and reform police departments. While the impact of George Floyd’s death has arguably sparked positive change, Black Americans remain skeptical of the realistic transformation necessary to feel safe among police. The Brennan Center (2021) reported that Black Americans make up only 13% of the population but make up nearly 33% of individuals behind bars and are three times more likely to be killed by police than their white counterparts. Today, the number of police killings across the U.S. reveal a cycle of violence against Black and Brown people. One city, however, Newark, New Jersey, has taken steps to address these traumatic, cyclical trends.
The Brennan Center (2021) reported that Black Americans make up only 13% of the population but make up nearly 33% of individuals behind bars and are three times more likely to be killed by police than their white counterparts.
In 2019, NBC News reported that the Newark Police Department (NPD) used force on Black residents 2.7 times as often as white residents and Black residents were 1.5 times as likely as white residents to be stopped (Schuppe, 2020). However, the narrative shifted in 2020 when NPD did not fire a single shot nor did the city of Newark put funds towards settling police brutality disputes (Moran, 2021). Establishing a policing milestone, Newark drew in national attention. Through direct and indirect impact, today Newark, New Jersey is viewed as a municipal leader in not only police reformation, but, also, community activation through its agreement with the federal consent decree and support from local lawmakers. This reformation comes after years of systemic racism and mistreatment of Black citizens by police officers. By analyzing the current state of police reform in the U.S. post-George Floyd and Newark’s approach to solving police misconduct on a local level, this case study will provide a fresh outlook on the city’s true impact and lessons learned.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
Background
Source: https://time.com/4854023/newark-riot-1967-lessons/
As the largest law enforcement agency in New Jersey, the Newark Police Department boasts seven precincts and has more than 990 police officers (City of Newark, n.d.). Founded in 1681, the department was originally established to prevent crime and preserve peace, yet a history of violence and misconduct tells a different story. Systemic racism and rampant misconduct within the department came to light in 1967 after officers beat and killed a Black taxi driver, igniting five days of riots (Ross, 2019). These riots started on July 12, 1967, and ended July 17, 1967, during a crucial period of the Civil Rights Movement. While the physical toll – 27 people died and 700 people injured with $10 million worth of damage – was severe, the legacy left behind in the rubble was forever marked by Black residents’ mistrust of police (Rojas & Atkinson, 2017). In 2010, the Americans Civil Liberties Union (ACLU) of New Jersey filed a petition with the U.S. Department of Justice (DOJ), documenting a total of 418 allegations of misconduct within NPD citing bias-based false arrests, excessive force, internal non-compliance, insufficient review process, and retaliation (Newark Communities for Accountable Policing, n.d.). The ACLU stated that the NPD’s [misconduct] has left citizens dead, permanently injured, and otherwise damaged. It has left employees’ careers in shambles due to discrimination and retaliation, and stressed by abusive working conditions when they are sent out to patrol the streets. And it has left innocent Newark residents distrustful of the police, unsure whether an encounter with them will lead to them being “protect[ed] and serve[d]” or beaten and arrested (American Civil Liberties Union New Jersey, 2010).
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
The ACLU also cited economic impact as a major concern for the city of Newark if police misconduct persisted. Shortly after, the DOJ opened a three-year long investigation that would encourage and lead to a formal consent decree.1 HISTORY OF THE CONSENT DECREE Following the aftermath of the Rodney King riots in 1992, legislation (42 U.S.C. § 14141) arose that allowed the DOJ to sue law enforcement agencies that maintained a “pattern or practice of conduct. that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States”2 (as cited in Gerstner et al., 2021). This legislation set the foundation for the federal consent decree — allowing cities to agree to reformation of its practices and submission of DOJ monitoring in place of trial proceedings. In 1997, the Clinton Administration3 reached its first agreement with the Pittsburgh Police Department, turning the force into a widely emulated model for other cities to follow (Millhiser, 2020). Many municipalities, however, were slow to adopt this reform measure until the Obama Administration.4 From 2009-2014, the DOJ—in accordance with the Obama Administration’s policy priorities— entered into 15 agreements with law enforcement agencies around the country, more than the previous Bush Administration5 (Gerstner et al., 2021). During this time, Newark and the DOJ instigated a three-year investigation6 and review suspecting that NPD not only engaged in, but tolerated, institutional racism and brutality. Subsequently, The United States Department of Justice’s Civil Rights Division (2014) issued a report concluding that unconstitutional patterns and practices were common within the Newark Police Department. In addition to discovering vast racial disparities in arrests, former U.S. Attorney General Paul Fishman cited in the report, “The use of force was too high, and the reporting of it was too low” (Moran, 2021). As a result, the City of Newark and the police department entered the initial stages of consent decree negotiations. This involved a wide range of reforms and changes to: • • • • • • • •
Civilian Review and Community Engagement Policy Review/Revision Training Use of Force Documenting and Reviewing Use of Force Internal Affairs Discipline Stops, Searches, and Arrests
• • • • •
Bias Free Policing Theft Early Warning System (Newark Police Department, n.d.). Record Management System Judicial Enforceability and Independent Monitoring
A court enforced agreement between the Department of Justice and local government agencies to resolve patterns and practices of systemic misconduct in order to create sustainable reform. 2. H.R. 3355 -The Violent Crime Control and Law Enforcement Act of 1994 (also known as the “crime bill”) was signed into law September 13, 1994 and provided the Department of Justice with this authorization. 3. Bill Clinton served as the 42nd President of the United States. His administration lasted for two terms from 1993-2001. 4. Barack Obama served as the 44th President of the United States. His administration lasted for two terms from 2009-2017. 5. George W. Bush served as the 43rd President of the United States. His administration lasted for two terms from 2001-2009. 6. Former U.S. Attorney General, Paul Fishman, led the investigation and published a report about Newark, New Jersey that began in 2011 and concluded in 2014. 1.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform TABLE 1.
Administration
Total Investigations
Total Agreements/Settlements Entered
Clinton Administration
25
4
Bush Administration
20
10
Obama Administration
24
14
Trump Administration
1
0
(Schulz & Sewell, 2021) Table 1: Recent presidential administrations that have conducted patter-or-practice investigations and entered into federal consent decrees.
After a lengthy review process in search for an independent monitor, Peter C. Harvey was selected to serve. His appointment—in conjunction with the agreement filing by the DOJ and City of Newark— signaled the establishment of the consent decree agreement in 2016 (Newark Police Department, n.d.). Newark became the first “municipal police agency in state history to operate under a federal watchdog” (Zambito, 2014). Despite Newark’s successful approach, slow implementation of the consent decree has continued amongst other municipalities. Following the election of former President Donald Trump, investigations and consent decrees significantly decreased as the administration curbed the use. In total, the Trump Administration7 conducted only one investigation (see Table 1.) with former Attorney General William Barr refusing to open an investigation into the George Floyd killing in Minneapolis, Minnesota.
Source: https://www.lawfareblog.com/pattern-or-practice-investigations-and-police-reform
7.
Donald Trump served as the 45th President of the United States. His administration lasted for one term from 2017-2021.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
National Impact of George Floyd Succeeding George Floyd’s death, the aftereffects left behind by the Trump Administration, and the nationwide demand for racial justice, cities and municipalities across the nation have enacted institutional changes beyond consent decree agreements. Some have explored ways to reallocate funds, restructure city budgets, and transform police departments in response to the rallying cry of Defund Police.8 For example, citizens responded to this nationwide movement by driving change in the ballot box. Eighteen ballot box initiatives were implemented, strengthening oversight for law enforcement in counties located in both Texas and Ohio (Subramanian & Arzy, 2021). State legislatures have also sought to enact change. According to The New York Times analysis of data from the National Conference of State Legislatures “over 30 states have passed more than 140 new police oversight and reform laws” (Eder, Keller, & Migliozzi, 2021). Although most of these cover a wide landscape, 25 of the 30 states addressed areas directly related to the circumstances of George Floyd’s murder including: use of force, duty of officers, and policies relating to law enforcement misconduct (Subramanian & Arzy, 2021). In 2021, New York City passed a resolution to end qualified immunity9 for police officers accused of civil rights violations, becoming the first city across the nation to do so after recognizing the need for greater accountability for law enforcement when residents’ rights are violated. The city is hopeful that this is a step in the right direction to confront centuries of overpolicing and systemic racism (Crockett, 2021).
Image 1: States who have made key policy reforms since the death of George Floyd May 2022 Source: https://www.nytimes.com/2021/04/18/us/police-reform-bills.html The slogan “defund police” (or “defund the police”) was first coined by protesters and police reform advocates in summer 2020, after the killing of George Floyd. This slogan suggests reallocating money from police or law enforcement agencies to other city departments/agencies. Some interpret this to mean completely abolishing the police force, while others simply mean to reduce funding. 9. Qualified immunity is a legal rule of law that shields government officials and often law enforcement from personal liability for civil rights violations. It is rooted in systemic racism as it was created in 1967 Mississippi to prevent Freedom Riders from holding public officials and law enforcement accountable when they broke the law. 8.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
Some cities have taken a more direct approach. Los Angeles, Austin, and 12 other cities pledged to cut police budgets with plans to reinvest the money into community-based programs such as: violence prevention and supportive housing. Most notably, in June 2020, the Minnesota Department of Human Rights opened an investigation to determine if the city of Minneapolis and the Minneapolis Police Department (MPD) were in direct violation of the Minnesota Human Rights Act. The investigation recently concluded in 2022 that the city and MPD engaged in patterns and practices of race discrimination (Minnesota Department of Human Rights, 2022). The newly elected Minneapolis city council are still considering ways to resolve the report’s findings and overall police reform, after voters rejected efforts to replace the city police department with a “Department of Public Safety” focused on lowering crime through a comprehensive public health approach in November 2021 (Williams, 2021). Although Minneapolis’ City Council appears slowmoving, the Minneapolis Public School Board has taken alternative measures. In 2020, the board voted to terminate the partnership with MPD to end police presence in schools. The school board acknowledged that “even if [police presence] manage[s] to bring more ‘law and order’ to schools, they are not worth the harm to black and brown children” (Zhang, 2020). On the federal level, lawmakers proposed legislation directly calling for systemic change. In 2021, Representative Karen Bass (D-CA) introduced the H.R. 1280-George Floyd Justice in Policing Act to respond to the racial disparities of police killings across the U.S. This legislation centers around a wide range of issues in policing and police accountability. While momentous in nature, the bill has failed to pass the Senate due to largely Republican opposition. Since the filibuster, little has been done through federal legislative efforts to enact a police reform overhaul.
Source: https://www.npr.org/2021/03/03/973111306/house-approves-police-reform-bill-named-after-george-floyd
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform On the executive level, President Biden’s attorney general, Merrick Garland, announced the condemnation and rescission of the Trump Administration’s decision to curb use of consent decree agreements following the killings of George Floyd in Minneapolis, Minnesota, Adam Toledo in Chicago, Illinois, and Daunte Wright in Brooklyn Center, Minnesota (Benner, 2021). The Hill (2022) recently reported that the DOJ has resumed investigations and has entered into its first consent decree with Springfield, Massachusetts after finding that its bureau of narcotics had systemic problems leading to excessive force. Many citizens deem President Biden’s efforts as a step in the right direction, but Black citizens still await his campaign promise, establishing a police oversight commission within his first 100 days. Without action, the nation still averages approximately 1,100 police killings annually with Black and Hispanic individuals killed at higher rates (Leonhardt, 2020).
The Newark Approach The City of Newark, New Jersey—a majority Black city10— has taken a foundational approach to implement community activation, law enforcement accountability, and equitable practices within its police department. In 2020, NPD closed out its calendar year without firing a single gunshot, even after the George Floyd demonstrations involving 12,000 protesters (Charles, 2021). This approach also had an impact on the city’s overall crime. Newark had a 40% decrease in crime within the last five years (Moran, 2021). Researchers have attributed this immediate turnaround to both lawmakers’ willingness to enter into a federal consent decree agreement and the urgent push to prioritize equitable public safety. Some activists and grassroots organizers believe the reformation has also occurred thanks to a “defund the police” campaign led by Mayor Ras Baraka.
Source: https://www.pbs.org/wgbh/frontline/article/can-police-reform-work-historian-jelanicobb-mayor-ras-baraka-discuss-policing-in-newark-new-jersey/
According to the U.S. Census, Newark, New Jersey is a majority Black city with a 45.9% Black population compared to the 26.8% white population. 10.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
The city invested in and partnered with neighborhood-based organizations that seek to decrease police violence by sending trained social workers to address mental health concerns instead of NPD officers (Schuppe, 2020). Additionally, Newark continues to distinguish itself from other cities by engaging and activating community members in conversation. The city established a citizen review board independent of the police department that reviews incidents and occurrences involving police abuse or brutality (Rao, 2020). Prior to COVID-19, NPD released a quarterly community engagement report, detailing each precinct’s involvement in community events. In addition to the city’s police reform campaign, elected officials recognized the necessity for internal transformation as well. NPD has actively worked to ensure policy changes in its hiring practices, reporting and reviewing practices, and training programs. In 2021, Newark hired more Black and Brown officers than in previous years, aiming to mirror the community demographics (Moran, 2021). Additionally, the police department initiated an 8-hour minimum bias training for newly hired officers, and 4-hour minimum annual training. Bias-based policing is strictly prohibited and excludes officers from discriminating against specific and personal characteristics of residents. On the ground, if an officer does encounter bias-based policing they are required to report the incident to a supervisor and the supervisor is required to submit a report by the end of the workday. Failure to report will subject the officer and/or supervisor to a disciplinary infraction (Newark Police Department, 2017). While the nation and many neighboring municipalities look upon Newark as a model for police reform and change, current Black residents are still convinced that more can be done through civilian oversight and subpoena power (Richards, 2022). Although a single shot was not fired in 2020, “officers used force in 453 incidents, sending 79 [residents] to the hospital... [and of those affected] Black people were disproportionately stopped, frisked, and arrested” (Charles, 2021). Further, on January 1, 2021, Newark’s policing milestone came to an abrupt end after an undercover officer shot and killed Carl Dorsey, an unarmed Black man (Charles, 2021). While it is easy to acknowledge the progress made, the work must continue in Newark and other cities across the U.S.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
What the U.S. Can Learn from Newark’s Approach Newark’s approach to addressing the underlying issues within its law enforcement agency offers a blueprint that other municipalities can model. The city of Newark and the NPD owe a large part of the success seen in 2020 to community activation, investment in intervention, and a willingness to enact transformational change. In the ACLU of New Jersey’s 2010 petition to the Department of Justice, Black residents of Newark petitioned to defend liberties within the community including The right to be free from unconstitutional, unlawful or wrongful arrest, detention, and force by the police or law enforcement authorities The right to receive responsible, effective, and nondiscriminatory public services, including law enforcement services and adjudication of complaints The right to fair and nondiscriminatory treatment in the course of public employment. (American Civil Liberties Union, 2010). This defense of justice opened a path for honest conversation with residents and attracted federal attention to assess the foundational issues within the law enforcement agency. The community’s involvement and support were the catalysts for monumental change in the city. NBC News (2020) reported that while there are still shortcomings “[m]any activists and community workers, including some of the department’s most vocal critics, say there [doesn’t] seem to be as many people coming to them with concerns about the police using excessive force.” In fact, many grassroots organizers continue to work closely with NPD to conduct conflict resolution and mediation programs such as Trauma to Trust— a program where residents work with both officers and mediators to settle their differences (Charles, 2022). In addition to community involvement and support, Newark has made the federal consent decree and intervention investment a priority. Through the consent decree, NPD was required to establish data transparency in reporting and “implement use-of-force policies that respect residents’ constitutional rights and to end unconstitutional and discriminatory stop-and-frisk and arrest practices” (Thomas, 2021). Newark also ensured this reform continued through the hiring of an independent monitor and establishment of a civilian review board. The willingness to enter the federal consent decree and reform the law enforcement agency through a bottom-up approach has set Newark a pace ahead of other jurisdictions seeking similar change. Newark illustrates that transformation is possible throughout the U.S. if there is a willingness for both lawmakers and community to work together to revolutionize old, racially charged standards.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
Policy Recommendations Lawmakers should consider the following when addressing police reformation nationally: Encourage President Biden to meet his campaign promise, establishing a U.S. police oversight commission to inform and prioritize police accountability. Support bold and comprehensive legislative efforts such as H.R. 1280 – The George Floyd Justice in Policing Act of 2021 to hold police accountable, overhaul the culture of law enforcement, and empower communities. Identify law enforcement gaps within local Congressional districts and prioritize community activation as well as potential federal oversight solutions such as the consent decree agreements.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
Conclusion It is no secret that citizens across the U.S. have differing opinions when it comes to police reform and public safety best practices. However, Newark has ushered in a new way of thinking that promotes independent investigation, community involvement and activation, and internal policy changes. While Newark is by no means perfect, it has provided a model for lessons learned. Lawmakers, alongside communities, can remain encouraged to continue leading a path forward that will broadly impact and cultivate a new way of thinking.
While Newark is by no means perfect, it has provided a model for lessons learned.
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
REFERENCES American Civil Liberties Union New Jersey (2010). “Petition for an investigation into the Newark, New Jersey Police Department by the United States Department of Justice pursuant to 42 U.S.C. § 14141.” https://www.aclu.org/sites/default/files/field_document/nj_doj.pdf Bates, J. & Vick, K. (2020, August 17). America’s policing system is broken. It’s time to radically rethink public safety. Time. https://time.com/5876318/police-reform-america/ Benner, K. (2021, April 16). Justice dept. restores use of consent decrees for police abuses. The New York Times. https://www.nytimes.com/2021/04/16/us/politics/justice-department-consent-decrees.html Charles, J.B. (2021, April 12). Federal supervision and decades of activism changed policing in Newark. can the reforms hold? The Trace. https://www.thetrace.org/2021/04/newark-police-no-shootings-mayor-ras-baraka-consent-decree/ Charles, J.B. (2022, January 11). How a Newark program is pushing police and community members to heal old wounds together. The Trace. https://www.thetrace.org/2022/01/trauma-to-trust-newark-police-department-reform/ City of Newark. (n.d.). Department of Public Safety. City of Newark. https://www.newarknj.gov/departments/public-safety
City of Newark. (2014). City of Newark and United States of America agreement in principle. https://www.npdconsentdecree.org/_files/ugd/582c35_f8bd66bc331b40238336eb2977bff3dc.pdf
Crockett, C. (2021, March 26). New York City votes to end qualified immunity for NYPD officers. New York News 10. https://www.news10.com/news/new-york-city-council-votes-to-end-qualified-immunity-for-nypd-officers/
Eder, S., Keller, M., & Migliozzi, B. (2021, April 18). As new police reform laws sweep across the U.S., some ask: Are they enough? The New York Times. https://www.nytimes.com/2021/04/18/us/police-reform-bills.html Fandos, N., Edmondson, C., & Zraick, K. (2021, March 4). The House passes a policing overhaul bill named for George Floyd, whose death spurred nationwide protests. The New York Times. https://www.nytimes.com/2021/03/04/us/george-floyd-act.html
George Floyd Justice in Policing Act, H.R. 1280, 117 Cong. § 1 (2021). https://www.congress.gov/bill/117th-congress/house-bill/1280actions?q=%7B%22search%22%3A%5B%22george+floyd% 22%2C%22george%22%2C%22floyd%22%5D%7D&r=2&s=1
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Leonhardt, D. (2020, June 5). Where police reform has worked. The New York Times. https://www.nytimes. com/2020/06/05/briefing/george-floyd-buffalo-coronavirus-your-friday-briefing.html
Millhiser, I. (2020, June 30). Trump’s Justice Department has a powerful tool to fight police abuse. It refuses to use it. Vox. https://www.vox.com/2020/6/30/21281041/trump-justice-department-consent-decrees-jeff-sessionspolice-violence-abuse
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Moran, T. (2021, January 11). Newark cops, with reform, didn’t fire a single shot in 2020. NJ.com. https://www.nj.com/news/2021/01/newark-cops-with-reform-didnt-fire-a-single-shot-in-2020-moran.html
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CPAR | A Case Study on Newark’s Approach to Impactful Police Reform
Newark Police Department. (n.d.). Consent decree and planning division. Newark Police. https://www.npdconsentdecree.org/city-of-newark-consent-decree
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Panico, R. (2020, June 4). ‘We can be a model.’ Newark shifts money to turn police precinct into social services HQ. NJ.com. https://www.nj.com/essex/2020/06/we-can-be-a-model-newark-shifts-money-to-turn-police-precinct-intosocial-services-hq.html
Rao, A. (2020, June 25). These New Jersey cities reformed their police – what happened next?. The Guardian. https://www.theguardian.com/us-news/2020/jun/25/camden-newark-new-jersey-police-reform
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Ross, D. D. (2019, December 4). One city’s struggle to police the police. The Washington Post. https://www.washingtonpost.com/magazine/2019/12/04/obama-administration-ordered-newark-fix-its-police-force-hereswhat-has-hasnt-happened/
Schuppe, J. (2020, July 18). Newark, N.J., wants to be a model for police reform. But Black people are still stopped more often. NBC News. https://www.nbcnews.com/news/us-news/newark-n-j-wants-be-model-police-reform-black-people-n1234190
Shulz, J. & Sewell T. (2021, April 30). Pattern-or-Practice Investigations and Police Reform. Lawfare. https://www.lawfareblog.com/pattern-or-practice-investigations-and-police-reform
Subramanian, R. & Arzy, L. (2021, May 21). State policing reforms since George Floyd’s murder. Brennan Center. https://www.brennancenter.org/our-work/research-reports/state-policing-reforms-george-floyds-murder
Thomas, R. (2021, June 04). Lessons on police reform from Newark. Giffords. https://giffords.org/blog/2021/06/lessons-on-police-reform-from-newark/
United States Department of Justice Civil Rights Division. (2014). Investigation of the Newark Police Department. https://www.justice.gov/sites/default/files/crt/legacy/2014/07/22/newark_findings_7-22-14.pdf
U.S. Census Bureau (2021, July 1). Quick facts: Newark, New Jersey. Retrieved from https://www.census.gov/quickfacts/newarkcitynewjersey.
Vakil, C. (2022, April 13). DOJ announces first consent decree with local police department since rescinding Trump-era memo. The Hill. https://thehill.com/policy/national-security/3266696-doj-announces-first-consent-decree-withlocal-police-department-since-rescinding-trump-era-memo/
Violent Crime Control and Law Enforcement Act, Publ. L. No. 103–322 (1994). https://www.congress.gov/bill/103rd-congress/house-bill/3355/actions
Williams, J.P. (2021, December 2). We Show Up for Each Other’: After Reform Defeat, Minneapolis Residents Seek Their Own Change. U.S. News & World Report. https://www.usnews.com/news/health-news/articles/2021-12-02/afterpolice-reform-defeat-minneapolis-residents-still-seek-change
Yi, K. (2022, April 14). Newark police will remain under federal oversight through 2023. The Gothamist. https://gothamist.com/news/newark-police-will-remain-under-federal-oversight-through-2023
Zambito, T. (2014, July 22). Justice Department calls for federal monitor of Newark police department. NJ.com. https://www.nj.com/essex/2014/07/justice_department_calls_for_federal_monitor_of_newark_police_department.html
Zhang, A. (2020, June 04). Minneapolis is taking police out of schools. Slate.com. https://slate.com/news-and-politics/2020/06/minneapolis-remove-police-from-schools-history.html
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CENTER FOR POLICY ANALYSIS AND RESEARCH Criminal Justice