Justice Enforcement Act: Reforming our Squadrons and Uniting the People

 Originally published 29 May, 2020

Updated 30 May, 2020

4 June, 2020

9 June, 2020

12 June, 2020

26 Aug., 2020

28 Aug., 2020

To the President of the United States

and the Department of Justice 

1600 Pennsylvania Ave NW

Washington, DC 20500

And to all local and state Governors and Mayors,

Memorandum:

Justice Enforcement Act

Introduction to the Problem

The Memorandum (Ferrer, 2016) was sent to Obama’s 2016 President’s Task Force on 21st Century Policing, submitted 26 February, 2016.

In 2016, while pursuing graduate studies at Brandeis University, Ferrer was selected by the DoD and Dept of Defense to assist in tackling a certain challenge. The Memorandum was addressed to the President’s Task Force on 21st Century Policing in regards to the Implementation Guide— Moving from Recommendations to Actions. The Memorandum was peer-reviewed by REDACTED , adjunct faculty for the Coexistence and Conflict Resolution program of the Heller School for Social Policy and Management, Brandeis University.

TO/FROM INFORMATION WAS REDACTED ON 1/30/2017.

It is our understanding that due to the Justice Department budget cuts in 2011, little to no training in communication skills..." were offered to law enforcement officers (Swartz, 2015).

Swartz also highlighted the increased rate of violence in urban communities where police departments received little funding.

It is evident that this is the underlying reason for cases of police brutality and escalation.

The 2016 Memorandum‘s focus was to argue the necessity of conflict resolution training to de-escalate confrontational situations (particularly those involving citizens of color), increase diplomacy, and overall improve the police force as an effort for national security. This Memorandum (2020) discusses the nonpartisan bill, Justice Enforcement Act, to reform police departments across the nation to ensure the American People that their armed law enforcement officers are qualified individuals that have been trained in conflict resolution and are required to act with humanity and diplomacy in all situations regardless of skin color, race, religion, creed, sexual orientation, or political affiliation. The policy reform bill and procedures are structured to guide departments to implement standards and requirements to produce beneficent results to both communities and enforcers of the law.

With immediate enactment and execution, our nation may begin to build new levels of trust with their local police, set standards for quality, and take measures for effectiveness for stabilization, equilibrium, and positive peace.

The Justice Enforcement Act discusses the how and what the training consists of.

Former President Obama stated “This shouldn’t be normal’ in 2020 America.”

Unfortunately, little to no public information is available on the state’s actions in regards to requests for funding. Funding appeared to be a major drawback, even though free resources were available from the Justice Department as stated to the Task Force. It appears that such efforts were either thwarted or lost completely and the outcome is a result of today’s current events. Thus, the Justice Enforcement Act requires a specified budget (to be calculated) with a cost-analysis for the new training program to succeed. A task force under President Trump that includes interdisciplinary experts would be tasked for oversight of the program’s full implementation and continued success beyond 2020.

Background and Assessment 

Controversy began on 25 May, 2020 when ex-MPD Officer Derek Chauvin George used "excessive force" in the detainment of George Floyd, resulting in his death. 

It is imperative to review all body cam footage available that resolves the issue and claims regarding police brutality.

The unfortunate death of George Floyd took place during perilous times. Individuals are unemployed, frustrated by the uncertainty of tomorrow, and angered by the lack of accountability within police departments.

Despite the reforms of the criminal justice system and policing within the last ten years, his death is one of several cases in the last decade that was attributed to the inappropriate handling of a detainee due to protocol.

There are many questions that surround the death of Floyd, but before we can tackle them, it is imperative to restore law and order for the protection and security of our country. It is also important to provide justice and implement policy reform in a timely and efficient manner.

Thus, we must take this circumstance to implement sound nonpartisan policy that encourages fairness and justice.

Objectives 

We will examine the major issues that must be addressed and resolved:

1. Excessive use of force by police officers: Transmuting and Training 

2. Timing of charges and the need for criminal justice reform for equality

3. President’s responsibility to Unite The People, The Plan to end division 

1. Analysis: Excessive use of force by police officers

Transmuting; Identifying and Removing Actors that Exhibit Dangerous Mental Faculties 

First, we must identify the indicators of “bad apples.” Floyd insisted that he “could not breathe,” and despite his pleas, ex-Officer Chauvin did not budge, holding his position for almost a full nine minutes. It has been documented that Floyd’s intake of fentanyl on the scene to disperse evidence was a key component to heart failure. The protocol for an individual who may be under the influence is to escort him or her into the backseat of a police vehicle. His resistance to enter the vehicle paved the way for plan b: restrain the suspect face down as a risk prevention measure as the possibility of an adrenaline surge is always possible. Due to the lack of information available on arrest procedures, Chauvin was seen as exhibiting "police brutality."

We must thus define police brutality as actions taken by a law enforcement officer who breaches protocol as defined by their department. Brutality is often the result of escalated situations, whereby thorough assessments of the situation to first attempt deescalation is not fulfilled.

It is important to consider that dark triad traits are more prone to such behaviors, including narcissistic personality disorder, sociopathy, and/or psychopathy.

Identifying these behavioral characteristics in our local, state, and federal police officers in departments which exhibit a long-standing history of complaints regarding abuse and unfair treatment is the first step in reforming the system. 

As an attempt to fix what is broken, these officers will be required to pass a two-part psychological evaluation test that determines whether or not certain red flags are prevalent. Furthermore, the second part of the evaluation process would measure 

their newly learned coexistence and conflict resolution skills (mediation, negotiation, the 3-D’s: diplomacy, development, and defense). 

Step 1- Removing “Bad Apples”

An ad hoc committee of Abnormal Psychology Practitioners and Coexistence Theorists selected by the Trump Administration will be responsible for creating the psychological evaluation exams that will test individuals for Sociopathy and Psychopathy. Research and application of any such existing tests may prove necessary to begin the process until an official psych evaluation is developed and proven to be effective. The evaluations should be conducted by encrypted AI systems for privacy. Without giving a diagnosis, the AI would provide a “green” or “red” colour code to determine pass/fail, respectively. All data shall be kept private and inaccessible other than by a court issued warrant as enforceable by law.

Step 1.2 - Review

Meanwhile, for privacy reasons and to prevent corruption, it is recommended for AI to review officer records to scan for disciplinary actions including , but not limited to abuse of power, police brutality, complaints of sexual harassment, and inadequate handling of citizens of o determine whether an officer is subject to Evaluation. The number of infractions necessary for an officer to be evaluated should be at least one but no more than three. This must be applied to local, state, and federal agencies across the nation. 

A cost-analysis must be performed and proposed immediately for step 1 and 2.

Training Officers in Diplomacy 

While the Evaluation examination may assist in determining indicators for potentially abusive tendencies in law officers, The Guide for Integrating Diplomacy, (to be drafted) should be based on the Department of Defense 3-D information or modeled after this blueprint. Additionally, based on The New Standard Framework, the characteristics an officer should possess or develop are: integrity, accountability, reliability, and objectivity in order to ensure success. Officers must be able to exhibit these attributes to qualify for “good standing”; an incentive and monthly bonus.

The Guide for Integrating Diplomacy must also include Coexistence research methods, Mediation, Negotiation, and Civics with a thorough understanding of and commitment to protect the U.S. Constitution and Declaration of Independence. 

The training manual, The Guide for Integrating Diplomacy, along with a specified Zoom lecture series based on the content are to be found online on local and state levels. All police officers will be required to learn the information and be monitored and evaluated on its application within 30 days of receipt and again every six months by a panel of appointed experts per district or by AI.

Selecting Qualified Replacements

The U.S. Preamble states, “... it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security" (1776).

It is important to note that coup d’etat are illegal acts of forceful government overthrows and shall be deemed as “Domestic Terrorism.” Thus, individuals are required to exercise their right to elect their government representatives through voting.

When it comes to Police Departments, opportunities for qualified individuals will open during the reformation process. Just as any other mode of employment, Human Resources are responsible for ensuring that only cadets who have passed the evaluation move toward the next step in the hiring process, which would require the training of new cadets based on The Guide for Integrating Diplomacy. Throughout the individual’s career, they shall be monitored and evaluated on performance based on the new requirements for employment under this Justice Enforcement Act.

2. Analysis: Timing of charges and the need for criminal justice reform for equality

The public deserves the right to an equal, fair, and balanced handling of charges against law enforcement officers with follow up communications. 

In this case, we must assess, try, and prosecute law enforcement officers in the same manner as a civilian. I argue that irrevocable immunity is the reason as to why “bad apples” continue to abuse their powers. Removing this immunity will not only demand better performance, but it will greatly reduce corruption, criminal activity, and systemic racism within the force across states and counties. 

This pursuit will fulfill the Declaration of Independence which proclaims that “We hold these truths to be self-evident, that all men are created equal…”(1776).  By pursuing such a revision, it appeals to Conservatives and Progressives, Republicans and Democrats, Libertarians and Independents. 

It is an absolute necessity for police to be held accountable as individuals, and not as a whole unit. Thus, the Black Lives Matter movement argues that police officers should be incentivised to monitor each other in having zero tolerance for racism, bigotry, and brute force used on unarmed civilians. 

3. Address the Nation: President’s responsibility to Unite The People, a plan to end division 

The First Amendment protects The People’s Right to free speech, worship, press, and peacefully assemble. Riots, looting, arson, assault, and inciting terror, are distinct from peaceful protest.

President Trump has an incredible opportunity to unite the country together. By defending the First Amendment and encouraging peaceful protest while condemning excessive force and police brutality, as well as criminal activity. The People need a leader now more than ever. The People should be reassured that they matter and their concerns are valid. Thus, it is essential to stand with the whole of the American People in reclaiming the United States of America as the “Land of the Free and the Home of the Brave” (1814).

Furthermore, the masses should be educated to understand the difference between ‘deconstruct to construct,’ and ‘destruction.’ The People should never feel the need to destroy their environment to be heard. Thus, reassurance at this time is necessary. President Trump’s Justice Enforcement Act is the start of a promising new future that promotes Law and Order, Justice, Impartiality, and Humanity.

The President of the United States of America, Donald J. Trump, his Administration, and governments at the local, state, and federal levels are permitted to use any of the information found therein for the purpose of reform, peace treatise, mitigation, and conflict resolution.

References 

Ferrer, L.V. (2016). Memorandum: President’s Task Force for 21st Century Policing.

Jefferson, T. (1776). Declaration of Independence. Retrieved from 

    https://www.archives.gov/founding-docs/declaration-transcript 

Obama, B. @BarrackObama. Twitter. Retrieved from 

    https://twitter.com/barackobama/status/1266400635429310466?s=21

Smith, J. S., Frackenpohl, A., & Key, F. S. (1814). The Star Spangled Banner. 

Swarts, P. (2015). Police need better training and communication skills presidential task force is 

    told. The Washington Times. Retrieved from 

http://www.washingtontimes.com/news/2015/jan/13/police-brutality-solutions-are-training-community-/?page=all

U. S. Constitution, Amendment I