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Drawing by George Herriman. Via.
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After the savage beating of Rodney King by Los Angeles police was filmed in
1991 and the film became public—the original viral video of police
violence—the street demonstrations and (naturally) accompanying misbehavior
and property damage eventually led to a more focused effort to do something
about police violence, in which our friend Senator Joe Biden played a
distinguished part. Namely, in his much-maligned 1994 Violent Crime Control
and Law Enforcement Act, there was a provision allowing the Justice
Department's Civil Rights Division to step in whenever they saw evidence of a
police department engaging in a "pattern or practice" of violating people's
constitutional rights.
In what came to be called a pattern or practice investigation, a preliminary
inquiry (which could be any DOJ lawyer reading a newspaper story) can lead to
a formally announced review by designated experts of the department's training
policies, disciplinary procedures, and day-to-day interactions with the
public, and that can lead in turn to one of a list of possible actions: a
Technical Assistance Letter, which is a form of friendly advice from DOJ to
the department, not especially binding; a Memorandum of Understanding which is
a more rigorous step but still doesn't involve the courts; or an actual
lawsuit, which isn't meant to proceed to trial but to the negotiation of a
Consent Decree, a legally enforceable agreement to whatever the department
needs to do to rectify the situation. It quickly became a really good
resource, at least sometimes, as my source for this history, a
Bloomberg article
from the Freddy Gray moment in 2015, explains, as in the case of one of the
first investigations, that of the same Los Angeles Police Department: