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Implementing Checklists to Improve Police Responses to Co-Victims of Gun Violence

Published online by Cambridge University Press:  28 January 2021

Samuel A. Kuhn  and
Tracey L. Meares
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Abstract

This qualitative study identifies police interactions with gun violence co-victims as a crucial, overlooked component of police unresponsiveness, particularly in minority communities where perceptions of police illegitimacy and legal estrangement are relatively high. Gun violence co-victims in three cities participated in online surveys, in which they described pervasive disregard by police in the aftermath of their loved ones' shooting victimization. We build on the checklist model that has improved public safety outcomes in other complex, high-intensity professional contexts to propose a checklist for police detectives to follow in the aftermath of gun violence. To build the checklist, we also reviewed the general orders of five police departments to better understand what guidance, if any, is currently given to police personnel regarding how they should interact with gun violence victims.

Type
Symposium Articles
Information
Journal of Law, Medicine & Ethics , Volume 48 , Issue S4: Gun Violence in America: An Interdisciplinary Examination , Winter 2020 , pp. 39 - 46
Copyright
Copyright © American Society of Law, Medicine and Ethics 2020

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References

Giffords Law Center, Proven Solutions to Urban Gun Violence, (2018) available at <https://lawcenter.giffords.org/wp-content/uploads/2018/11/Giffords-Law-Center-Urban-Gun-Violence-Proven-Solutions.pdf> (last visited August 18, 2020).+(last+visited+August+18,+2020).>Google Scholar
See Online Appendix 4: Anecdotes. See also, Bastomski, S. and Duane, M., What We Know about Homicide Co-Victims from Research and Practice Evidence, Center for Victim Research, (July 2019), available at <https://ncvc.dspacedirect.org/bitstream/item/1440/CVR%20Research%20Syntheses_Homicide%20Covictims_Report.pdf?sequence=1> (last visited August 18, 2020).+(last+visited+August+18,+2020).>Google Scholar
See e.g., President's Task Force on 21st Century Policing, Final Report of the President's Task Force on 21st Century Policing, Office of Community Oriented Policing Services (May 2015), available at <https://cops.usdoj.gov/pdf/taskforce/taskforce_finalreport.pdf> (last visited August 18, 2020). (last visited August 18, 2020).' href=https://scholar.google.com/scholar?q=See+e.g.,+President's+Task+Force+on+21st+Century+Policing,+Final+Report+of+the+President's+Task+Force+on+21st+Century+Policing,+Office+of+Community+Oriented+Policing+Services+(May+2015),+available+at++(last+visited+August+18,+2020).>Google Scholar
See e.g. Fontaine, J., Esthappan, S., La Vigne, N. G., Lawrence, D., and Jannetta, J., Updated: Views of the Police and Neighborhood Conditions, Urban Institute (November 11, 2019), available at <https://www.urban.org/research/publication/updated-views-police-and-neighborhood-conditions> (last visited August 18, 2020); Tyler, T. and Huo, Y., Trust in the Law (The Russell Sage Foundation Series on Trust, 2002): at 141.+(last+visited+August+18,+2020);+Tyler,+T.+and+Huo,+Y.,+Trust+in+the+Law+(The+Russell+Sage+Foundation+Series+on+Trust,+2002):+at+141.>Google Scholar
See, e.g., Quattlebaum, M., Meares, T., and Tyler, T., “Principles of Procedurally Just Policing,” Yale Law School Justice Collaboratory and the National Initiative for Building Community Trust and Justice (January 2018), available at <https://law.yale.edu/sites/default/files/area/center/justice/principles_of_procedurally_just_policing_report.pdf> (last visited November 7, 2020).CrossRef+(last+visited+November+7,+2020).>Google Scholar
Tuerkheimer, D., “Underenforcement as Unequal Protection,” Boston College Law Review 57, no. 4 (2016): 1287-1336, at 1288; Natapoff, A., “Underenforcement,” Fordham Law Review 75, no. 3 (2006): 1715-1776, at 1716.Google Scholar
Leovy, J., Ghettoside (New York: Spiegel & Grau, 2015).Google Scholar
Miller, L. L., “What's Violence Got to Do with It? Inequality, Punishment, and State Failure in US Politics,” Punishment and Society 17, no. 2 (2015): 184-210.CrossRefGoogle Scholar
Prowse, G., Weaver, V.M., and Meares, T.L., “The State from Below: Distorted Responsiveness in Policed Communities,” Urban Affairs Review (2019).Google Scholar
See, e.g., Soss, J. and Weaver, V., “Police are Our Government: Politics, Political Science, and the Police of Race-Class Subjugated Communities,” Annual Review of Political Science 20 (2017): 565-591.CrossRefGoogle Scholar
Bell, M., “Police Reform and the Dismantling of Legal Estrangement,” Yale Law Review 126 (2017): 2054-2150.Google Scholar
Kirk, D.S. and Matsuda, M., “Legal Cynicism, Collective Efficacy, and the Ecology of Arrest,” Criminology 49, no. 2 (2011): 443-472 at 446; Bell, M.C., “Police Reform and the Dismantling of Legal Estrangement,” Yale Law Journal 126, no. (2017): 2054-2150, at 2066.CrossRefGoogle Scholar
Tyler, T. and Fagan, J., “Legitimacy and Cooperation: Why Do People Help the Police Fight Crime in Their Communities, ” Ohio State Journal of Criminal Law 6 (2008): 231-275.Google Scholar
Meares, T.L. and Tyler, T.R., “Justice Sotomayor and the Jurisprudence of Procedural Justice,” Yale Law Journal Forum 123 (2014), available at <http://yalelawjournal.org/forum/justice-sotomayor-and-the-jurisprudence-of-procedural-justice> (last visited August 18, 2020).+(last+visited+August+18,+2020).>Google Scholar
Barkworth, J. and Murphy, K., “System Contact and Procedural Justice Policing: Improving Quality of Life Outcomes for Victims of Crime,” International Review of Victimology 22, no. 2 (2016): 105-122.CrossRefGoogle Scholar
Campbell, R., “The Community Response to Rape: Victims' Experiences with the Legal, Medical, and Mental Health Systems,” American Journal of Community Psychology 26 (1998): 355-379; Madigan, L. and Gamble, N.C., The Second Rape: Society's Continual Betrayal of the Victim (New York: Lexington Books, 1991).CrossRefGoogle Scholar
Elliott, T. and Ogloff, J., “Procedural Justice in Contacts with the Police: Testing a Relational Model of Authority in a Mixed Methods Study,” Psychology, Public Policy, and Law 17, no. 4 (2011): 592-610; Wemmers, J., “Victims' Experiences in the Criminal Justice System and Their Recovery from Crime,” International Review of Victimology 19 (2013): 221-233.Google Scholar
Cattaneo, L. and Goodman, L., “Through the Lens of Therapeutic Jurisprudence: The Relationship between empowerment in the Court System and Well-Being for Intimate Partner Violence Victims,” Journal of Interpersonal Violence 25, no. 3 (2010): 481-502.CrossRefGoogle Scholar
See Online Appendix 1: Focus Group, Questionnaire design.Google Scholar
See Online Appendix 5: City-Specific Information.Google Scholar
Id.Google Scholar
Examples of positive version of this (no explicit requirement of racial history training in NI sites' policies) and negative version of this (Ferguson fines and fees practice not stipulated by policy)Google Scholar
See, e.g. Kashiwagi, S., “CCRB Head Says NYPD Judge Ruled Pantaleo Used a ‘Prohibited Chokehold’ on Eric Garner Which Caused His 2014 Death,” SILive.com, August 14, 2019, available at <https://www.silive.com/news/2019/08/ccrb-head-says-nypd-judge-ruled-pantaleo-used-a-prohibited-choke-hold-on-eric-garner-which-caused-his-2014-death.html> (last visited November 6, 2020); NYC Civilian Complaint Review Board, “A Mutated Rule: Lack of Enforcement in the Face of Persistent Chokehold Complaints in New York City,” October 7, 2014, available at <http://www.nyc.gov/html/ccrb/downloads/pdf/Chokehold%20Study_20141007.pdf> (last visited November 6, 2020).+(last+visited+November+6,+2020);+NYC+Civilian+Complaint+Review+Board,+“A+Mutated+Rule:+Lack+of+Enforcement+in+the+Face+of+Persistent+Chokehold+Complaints+in+New+York+City,”+October+7,+2014,+available+at++(last+visited+November+6,+2020).>Google Scholar
For policies not enforceable by courts, see <https://www.policechiefmagazine.org/making-the-most-of-general-orders/>, <https://columbialawreview.org/content/police-and-the-limit-of-law/> (both last visited August 18, 2020).,++(both+last+visited+August+18,+2020).>Google Scholar
See Soss and Weaver, supra note 11; Urban Institute, Police and Corrections Expenditures (2011), available at <https://www.urban.org/policy-centers/cross-center-initiatives/state-and-local-finance-initiative/state-and-local-backgrounders/police-and-corrections-expenditures> (last visited August 18, 2020).+(last+visited+August+18,+2020).>Google Scholar
An Interactive Guide to the Civil Rights Division's Police Reforms: Reforming Specific Policing Practices, Department of Justice Civil Rights Division, available at <https://www.justice.gov/crt/page/file/922456/download> (last visited August 18, 2020). (last visited August 18, 2020).' href=https://scholar.google.com/scholar?q=An+Interactive+Guide+to+the+Civil+Rights+Division's+Police+Reforms:+Reforming+Specific+Policing+Practices,+Department+of+Justice+Civil+Rights+Division,+available+at++(last+visited+August+18,+2020).>Google Scholar
See Online Appendix 5. New Haven (1), Baltimore (2), Stockton (3), Minneapolis (3), Chicago (5). It is unlikely that such policies are too specific or granular to be included in these jurisdictions' general orders; other general orders listed. For example, Stockton Police have policies for addressing exceedingly rare events including protocols for downed airplanes, stolen boats, and the evacuation of San Joaquin County Court-house and Annex.Google Scholar
Jannetta, J., Dwivedi, A., Rejon, F., Lee, S., Esthappan, S., Lynch, M., and Leistson, D., Responding to Homicide and Shooting Scenes: A Review of Procedural Justice Practice in the US (January 10, 2019), at 4, Urban Institute Website, available at <https://www.urban.org/research/publication/responding-homicide-and-shooting-scenes-review-procedural-justice-practice-us/view/full_report> (last visited August 18, 2020).+(last+visited+August+18,+2020).>Google Scholar
See Online Appendix 5 for further examples of existing practices.Google Scholar
See Online Appendix 5.Google Scholar
See e.g. Boorman, D.J., “Reducing Flight Crew Errors and Minimizing New Error Modes with Electronic Checklists,” Proceedings of the International Conference on Human-Computer Interaction in Aeronautics (Toulouse: Editions Cepaudes, 2000); Boorman, D.J., “Today's Electronic Checklists Reduce Likelihood of Crew Errors and Help Prevent Mishaps,” ICAO Journal 56 (2001); Haynes, A.B. and Weiser, T. G., “A Surgical Safety Checklist to Reduce Morbidity and Mortality in a Global Population,” New England Journal of Medicine 360, no. 5 (2009): 491-499, available at <https://www.who.int/patientsafety/safesurgery/Surgical_Safety_Checklist.pdf> (last visited August 18, 2020).Google Scholar
Id. See also Neily, J., Mills, P.D., Young-Xu, Y., “Association between Implementation of a Medical Team Training Program and Surgical Mortality,” JAMA 304, no. 15 (2010): 1693-1700, available at <https://jamanetwork.com/journals/jama/article-abstract/186748> (last visited August 18, 2020).CrossRefGoogle Scholar
Gawande, A., The Checklist Manifesto (New York: Metropolitan Books, 2009): at 34.Google Scholar
Alpert, G.P. and Smith, W.C., “Developing Police Policy: An Evaluation of the Control Principle,” American Journal of Police 13, no 1 (1994).Google Scholar
Hales, B.M and Pronovost, P.J., “The Checklist — a Tool for Error Management and Performance Improvement,” Journal of Critical Care 21, no. 3 (2006): 231-235.CrossRefGoogle Scholar
See e.g., Police Critical Incident Checklist, U.S. D.O.J. Community Relations Service Toolkit for Policing, available at <https://www.justice.gov/crs/file/836421/download> (last visited August 18, 2020); Belfrage, H. and Strand, S., “Validation of the Stalking Assessment and Management Checklist (SAM) in Law Enforcement: A Prospective Study of 153 Cases of Stalking in Two Swedish Police Counties,” International Journal of Police Science & Management 11, no. 1 (2009), available at <https://doi.org/10.1350/ijps.2009.11.1.110> (last visited August 18, 2020), finding that a checklist implemented in Sweden to assess stalking risk was correlated with findings of actual stalking risk; Messing, J.T., Campbell, J., and Wilson, J.S., “Research Designs in the Real World: Testing the Effectiveness of an IPV Intervention,” NIJ Journal Issue No. 275 (September 2015), available at <https://nij.ojp.gov/topics/articles/closer-look-lethality-assessment-program> (last visited August 18, 2020). Goldberg, A., The Prosecutor's Role in Addressing Officer-Involved Fatalities and Critical Incidents, The Institute for Innovation in Prosecution at John Jay College of Criminal Justice (February 2019), available at <http://johnjay.jjay.cuny.edu/documents/Officer-Involved-Fatalities-Toolkit.PDF> (last visited August 18, 2020).Google Scholar
Kelly, K., Lowery, W., and Rich, S., “Buried Under Bodies,” The Washington Post, September 13, 2018, available at <https://www.washingtonpost.com/news/national/wp/2018/09/13/feature/even-with-murder-rates-falling-big-city-detectives-face-daunting-caseloads/> (last visited August 19, 2020).+(last+visited+August+19,+2020).>Google Scholar
Quattlebaum, M., Meares, T., and Tyler, T., Principles of Procedurally Just Policing, The Justice Collaboratory at Yale Law School (January 2018), at 10, available at <https://law.yale.edu/sites/default/files/area/center/justice/principles_of_procedurally_just_policing_report.pdf> (last visited August 19, 2020); Bradford, B., Quinton, P., Myhill, A., and Porter, G., “Why Do ‘the Law’ Comply? Procedural Justice, Group Identification and Officer Motivation in Police Organizations,” European Journal of Criminology (2013), available at <https://journals.sagepub.com/doi/pdf/10.1177/1477370813491898> (last visited August 19, 2020); Trinkner, R., Tyler, T.R., and Goff, P.A., “Justice from Within: The Relations between a Procedurally Just Organizational Climate and Police Organizational Efficiency, Endorsement of Democratic Policing, and Officer Well-Being,” Psychology, Public Policy, and Law 22, no. 2 (2016): 158-172, available at <https://psycnet.apa.org/buy/2016-13452-001> (last visited August 19, 2020).Google Scholar
Conley, D.M., Singer, S.J., Edmondson, L., Berry, W.R., and Gawande, A.A., “Effective Surgical Safety Checklist Implementation,” Journal of the American College of Surgeons 212, no. 5 (2011): 873-879, available at <https://pubmed.ncbi.nlm.nih.gov/21398154/> (last visited August 19, 2020).CrossRefGoogle ScholarPubMed
Wood, G., Tyler, T.R., and Papachristos, A.V., “Procedural Justice Training Reduces Police Use of Force and Complaints against Officers,” Proceedings of the National Academy of Sciences 117, no. 18 (2020): 9815-9821, available at <https://www.pnas.org/content/117/18/9815> (last visited August 19, 2020).CrossRefGoogle ScholarPubMed
See, e.g., “Report of the Independent Commission on the Los Angeles Police Department (Christopher Commission Report)” (1991), available at <https://archive.org/stream/ChristopherCommissionLAPD/Christopher%20Commission%20LAPD_djvu.txt> (last visited August 19, 2020).+(last+visited+August+19,+2020).>Google Scholar
Supra note 33, at 103.Google Scholar
Id., at 111.Google Scholar
Id., at 79.Google Scholar
See Online Appendix 4: A Checklist for Checklists.Google Scholar
Braga, A., Turchan, B., and Barao, L., “The Influence of Investigative Resources on Homicide Clearances,” Journal of Quantitative Criminology 35, no. 2 (June 2018), available at <https://www.researchgate.net/publication/325907145_The_Influence_of_Investigative_Resources_on_Homicide_Clearances> (last visited August 19, 2020).Google Scholar
Brunson, R. and Wade, B.A., “Oh Hell No, We Don't Talk to Police,” Criminology & Public Policy 18, no. 3 (August 2019): 623-648, available at <https://onlinelibrary.wiley.com/doi/full/10.1111/1745-9133.12448> (last visited August 19, 2020).CrossRefGoogle Scholar
Kuhn, S. and Lurie, S., Reconciliation between Police and Communities, Case Studies and Lessons Learned (2018), available at <https://nnscommunities.org/wp-content/uploads/2019/02/Reconciliation_Full_Report.pdf> (last visited August 19, 2020); Goff, P. A., Hinton, E., Meares, T.L., Sarnoff, C.N., and Tyler, T.R., Re-imagining Public Safety: Prevent Harm and Lead with the Truth (February 13, 2020), available at <https://law.yale.edu/sites/default/files/area/center/justice/re-imagining_public_safety_final_9.10.19.pdf> (last visited August 19, 2020); O'Brien, T C., Meares, T.L., and Tyler, T.R., “Reconciling Police and Communities with Apologies, Acknowledgements, or Both: A Controlled Experiment,” The Annals Of the American Academy of Political and Social Science 687, no. 1 (2020): 202-215, available at <https://journals.sagepub.com/doi/abs/10.1177/0002716220904659> (last visited August 19, 2020).Google Scholar
Doughty, L., “Sid, My Savior,” The Guardian, September 18, 2010, available at <https://www.theguardian.com/lifeand-style/2010/sep/18/police-family-liaison-officers> (last visited August 19, 2020).+(last+visited+August+19,+2020).>Google Scholar
SirMacpherson, William, The Stephen Lawrence Inquiry, Report of an Inquiry by Sir William Macpherson of Cluny (February 1999), available at <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/277111/4262.pdf> (last visited August 19, 2020).+(last+visited+August+19,+2020).>Google Scholar
Bell, M.C., “Safety, Friendship, and Dreams,” Harvard Civil Rights-Civil Liberties Law Review 54 (2019): 703-739.Google Scholar