Duty to Intervene

Laws and policies are necessary to direct officers to intervene in situations of excessive force. Maintaining safety is achievable, but only if officers (a) have an explicit responsibility to intervene, (b) stop the excessive force, and (c) face severe consequences for failing to do so. It is clear that actionable, national-level policies are needed. Absent a standard, Americans, particularly historically marginalized groups, risk the severe threat of harm and even death, as many recent events happen. This is the second in a series of action briefs on police reform.

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Key Observations

The duty to intervene has not been clearly defined as a standard practice in established statutory or constitutional requirements.

Less than 50% of the largest 100 law enforcement departments have duty to intervene policies.
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Officers in departments with more restrictive duty to intervene and use of force policies are less likely to be assaulted, injured or killed on the job.

Recommendations:

The CJR Solution: As state, local, and federal lawmakers, mayors, law enforcement, and other important stakeholders consider advancing police reform in their jurisdictions, CJR recommends the following:

Clarification and legal guidance on the Supreme Court standing and departmental policies on the duty to intervene.

The Department of Justice to create clear national standards establishing law enforcement officers’ duty to intervene.

The enforcement of disciplinary actions when officers and administrators fail to abide by duty to intervene standards/requirements.

The adoption of state and local laws/policies to ensure that every police officer and police agency understands the responsibility to intervene and stop the use of excessive and deadly force by fellow officers.