Police Certification In The United States
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In the United States, certification and licensure requirements for
law enforcement officer A law enforcement officer (LEO), or peace officer in North American English, is a Public sector, public-sector employee whose duties primarily involve the Law enforcement, enforcement of laws. The phrase can include campaign disclosure specialist ...
s vary significantly from
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
to state.Jeffrey S. Magers, "Police Officer Standard and Training Commissions (POST Commissions)" in ''Encyclopedia of Law Enforcement: International'' (ed. Larry E. Sullivan: SAGE, 2005), pp. 349-351.Steven G. Brandl, ''Police in America'' (SAGE, 2015), p. 105.
Policing in the United States Law enforcement in the United States is one of three major components of the criminal justice system of the United States, along with courts and corrections. Although each component operates semi-independently, the three collectively form a cha ...
is highly fragmented,Jeffrey S. Magers, "Police Officer Standard and Training Commissions (POST Commissions)" in ''Encyclopedia of Law Enforcement: International'' (ed. Larry E. Sullivan: SAGE, 2005), pp. 349-351. and there are no national minimum standards for licensing police officers in the U.S.Steven M. Cox, Susan Marchionna & Brian D. Fitch, ''Introduction to Policing'' (SAGE, 2015). Researchers say police are given far more training on use of firearms than on de-escalating provocative situations. On average, US officers spend around 21 weeks training before they are qualified to go on patrol, which is far less than in most other developed countries.


Terminology

The agency that establishes standards for police officer selection, training, licensure, certification, and suspension/decertification is called the police officer standards and training (POST) commission in 15 states (as of 2004), including
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, and
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
. In other states, the certification body goes by a different name, such as the Kentucky Law Enforcement Council, Massachusetts Municipal Training Council, Indiana Law Enforcement Training Board, Maryland Police and Corrections Training Commissions, Alaska Police Standards Council, and the Michigan Commission on Law Enforcement Standards.


History

Although the
Wickersham Commission The National Commission on Law Observance and Enforcement (also known unofficially as the Wickersham Commission) was a committee established by the U.S. President, Herbert Hoover, on May 20, 1929. Former attorney general George W. Wickersham (1858 ...
established by President
Herbert Hoover Herbert Clark Hoover (August 10, 1874 – October 20, 1964) was an American politician who served as the 31st president of the United States from 1929 to 1933 and a member of the Republican Party, holding office during the onset of the Gr ...
called for the establishment of standards for police officers (including minimal training requirements, selection standards, physical standards, and police training before and during service), state standards for selecting and training police began to be adopted only in the latter half of the 20th century. Early advocates of
professionalization Professionalization is a social process by which any tradesman, trade or occupation transforms itself into a true "profession of the highest integrity and competence." The definition of what constitutes a profession is often contested. Professional ...
and reform of police included
August Vollmer August "Gus" Vollmer (March 7, 1876 – November 4, 1955) was the first police chief of Berkeley, California, and a leading figure in the development of the field of criminal justice in the United States in the early 20th century. He has been de ...
of the
Berkeley Police Department The Berkeley Police Department (BPD) is the municipal police department for the city of Berkeley, California, USA. History Shortly after Berkeley was incorporated in 1878, a town marshal and constables were elected to provide law enforcement ...
and O. W. Wilson of the
Chicago Police Department The Chicago Police Department (CPD) is the municipal law enforcement agency of the U.S. city of Chicago, Illinois, under the jurisdiction of the City Council. It is the second-largest municipal police department in the United States, behind t ...
. The California Commission on Peace Officer Standards and Training (the first body to use the acronym "POST") was established in 1959. In the same year, New York enacted the New York Training Act, which established an advisory council to make recommendations on police training to the governor. In addition to California and New York, the states of
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
and
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
established their POST commissions in 1959.''Model Minimum Standards''
International Association of Directors of Law Enforcement Standards and Training (revised February 2020), p. i.
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
,
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
, and
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
followed two years later. The 1967
Katzenbach Commission The President's Commission on Law Enforcement and Administration of Justice was a group of 19 people appointed by President Johnson in 1967 to study the American criminal justice system. Johnson assigned the group the task of fighting crime and r ...
(President's Commission on Law Enforcement and Administration of Justice) and the 1973
National Advisory Commission on Criminal Justice Standards and Goals The National Advisory Commission on Criminal Justice and Standards was appointment by Richard Nixon's administration in 1971 to advise on how to improve state criminal justice agencies. The group of 22 members conducted multiple studies and publishe ...
both encouraged establishment of a POST commission in each state to set minimum standard standards for selection, training, and certification. Between 1959 and 1976, 43 state police officer standards and training bodies were established.Raymond A. Franklin, Matthew Hickman & Marc Hiller
2009 Survey of POST Agencies Regarding Certification Practices
(July 2009), performed by the International Association of Directors of Law Enforcement Standards and Training (IADLEST) and sponsored by the U.S. Department of Justice, Office of Justice Programs,
Bureau of Justice Assistance The Bureau of Justice Assistance (BJA) is a component of the Office of Justice Programs, within the United States Department of Justice. BJA provides leadership and assistance to local criminal justice programs that improve and reinforce the nat ...
.
At the behest of the
International Association of Chiefs of Police International Association of Chiefs of Police (IACP) is a nonprofit organization based in Alexandria, Virginia (United States). It is the world's largest professional association for police The police are a constituted body of persons em ...
, the National Association of State Directors of Law Enforcement Training (NASDLET) was established in 1970; the association changed its name to the International Association of Directors of Law Enforcement Standards and Training (IADLEST) in 1987. The last states to establish commissions were
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
,
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
, and
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
.


Powers and variation across states

Standards for police officers are not uniform; different states have different requirements. However, the International Association of Directors of Law Enforcement Standards and Training (IADLEST), a cooperative association of leaders of various state police certification and licensing programs, has published a recommended set of "model minimum state standards" in 2004. However, there is a substantial variations in standards. More progressive police departments place greater emphasis on accreditation.


Police training


Initial training (police academy)

A study in the year 2000 found that the minimum number of police training hours varied from 320 to 800. In some states, the minimal training time for officers set by state regulation is shorter than the training time to become a licensed
barber A barber is a person whose occupation is mainly to cut, dress, groom, style and shave men's and boys' hair or beards. A barber's place of work is known as a "barbershop" or a "barber's". Barbershops are also places of social interaction and publi ...
,
cosmetologist Cosmetology (from Greek , ''kosmētikos'', "beautifying"; and , ''-logia'') is the study and application of beauty treatment. Branches of specialty include hairstyling, skin care, cosmetics, manicures/pedicures, non-permanent hair removal such as ...
, or
manicurist A manicurist or nail technician is a person whose occupation is to style and shape a person's nails. This is achieved using a combination of decorating nails with coloured varnish, transfers, gems or glitter. Basic treatments include manicures a ...
, although many police departments have training requirements in excess of the state minimum. In some states, the standards and certification body also directly runs the
police academy A police academy, also known as a law enforcement training center, police college, or police university, is a training school for police cadets, designed to prepare them for the law enforcement agency they will be joining upon graduation, or othe ...
. A
Bureau of Justice Statistics The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of crim ...
(BJS) study found that as of 2013, about 4.5% of U.S. state and local law enforcement training academies were operated by a state POST commission.Brian A. Reaves
NCJ 249784: State and Local Law Enforcement Training Academies, 2013
U.S. Department of Justice,
Bureau of Justice Statistics The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of crim ...
(July 2016).
The 2013 BJS study found that academies run by state POST agencies and colleges/universities were more likely to use a "nonstress" training model (based on "academic achievement, physical training, and a more relaxed and supportive instructor–trainee relationship") as opposed to a "stress" training model (a military-style training regime based on "intensive physical demands and psychological pressure"). This contrasts with academies run by police forces, which more often are based on a stress model. Although state POST commissions run only a small proportion of police academies, POST commission-run academies have larger faculty sizes: an average of 30 full-time instructors and 81 part-time instructors, as of 2006, according to a BJS report.Brian A. Reaves
NCJ 222987: State and Local Law Enforcement Training Academies, 2006
U.S. Department of Justice,
Bureau of Justice Statistics The Bureau of Justice Statistics (BJS) of the U.S. Department of Justice is the principal federal agency responsible for measuring crime, criminal victimization, criminal offenders, victims of crime, correlates of crime, and the operation of crim ...
(February 2009, revised April 14, 2009).


In-service training requirements

In some states, police officers are required to undergo
continuing education Continuing education (similar to further education in the United Kingdom and Republic of Ireland, Ireland) is an all-encompassing term within a broad list of post-secondary learning activities and programs. The term is used mainly in the United ...
("in-service training")Steven M. Cox, Susan Marchionna & Brian D. Fitch, ''Introduction to Policing'' (SAGE, 2015). that is reported to and tracked by the state certifying body. Experts favor in-service training because it offers insights to police officers on newer research and
best practice A best practice is a method or technique that has been generally accepted as superior to other known alternatives because it often produces results that are superior to those achieved by other means or because it has become a standard way of doing ...
s. However, in some states, in-service training requirements are minimal, and is frequently delivered online rather than hands-on.Martha Bellisle
Police 'woefully undertrained' on using force, experts say
Associated Press (June 12, 2020).
Moreover, in some states where continuing police education is mandatory, funding for training and mechanisms for tracking compliance are lacking. Massachusetts requires police officers to undergo 40 hours of in-service police training each year, one of the nation's highest requirements, but lacks a statewide body overseeing compliance, and a 2019
state auditor State auditors (also known as state comptrollers, state controllers, state examiners, or inspectors general) are fiscal officers lodged in the executive or legislative branches of U.S. state governments who serve as external auditors, financial ...
report indicated that up to 30 police departments in the state might be out of compliance with the mandate.


Curricula

Police training curricula vary widely. Many police academies use military- or
paramilitary A paramilitary is an organization whose structure, tactics, training, subculture, and (often) function are similar to those of a professional military, but is not part of a country's official or legitimate armed forces. Paramilitary units carr ...
-style training models;
Rosa Brooks Rosa Brooks ( Ehrenreich; born 1970) is an American law professor, journalist, author and commentator on foreign policy, U.S. politics and criminal justice. She is the Scott K. Ginsburg Professor of Law and Policy at Georgetown University Law C ...
, an expert on policing training at
Georgetown University Law Center The Georgetown University Law Center (Georgetown Law) is the law school of Georgetown University, a private research university in Washington, D.C. It was established in 1870 and is the largest law school in the United States by enrollment and ...
, argues that this training model is harmful and contributes to the
militarization of police The militarization of police (paramilitarization of police in some media) is the use of military equipment and Military tactics, tactics by law enforcement officers. This includes the use of armored personnel carriers (APCs), assault rifles, sub ...
. Between 2014 and 2017, many
state legislatures A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Stat ...
adopted legislation requiring police officers to receive
crisis intervention Crisis intervention is a time-limited intervention with a specific psychotherapeutic approach to immediately stabilize those in crisis. Implementation A crisis can have physical or psychological effects. Usually significant and more widesprea ...
and deescalation training,State Trends in Law Enforcement Legislation: 2014-2017
National Conference of State Legislatures (September 24, 2018).
which has been demonstrated to reduce
police use of force The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject". Use of force doctrines can be employed by law enforcement officers and military perso ...
.Curtis Gilbert
Not Trained to Not Kill: Most states neglect ordering police to learn de-escalation tactics to avoid shootings
''APM Reports'',
American Public Media American Public Media (APM) is an American company that produces and distributes public radio programs in the United States, the second largest company of its type after NPR. Its non-profit parent, American Public Media Group, also owns and oper ...
(May 5, 2017).
As of 2017, however, 34 states do not require deescalation training for all police officers, and other states require minimal training in deescalation (for example, 1 hour per year in Georgia). While local departments can train officers in deescalation in the absence of a state mandate, many departments do not do so because of a lack of funding or trained instructors, and because of cultural attitudes among police and police leaders, such as the belief that such training is not necessary or is a criticism of policing itself. As of 2018, 27 states and
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
require police officers to undergo training on interacting with individuals with
mental Mental may refer to: * of or relating to the mind Films * ''Mental'' (2012 film), an Australian comedy-drama * ''Mental'' (2016 film), a Bangladeshi romantic-action movie * ''Mental'', a 2008 documentary by Kazuhiro Soda * ''Mental'', a 2014 O ...
, substance use, or
behavioral disorder Emotional and behavioral disorders (EBD; also known as behavioral and emotional disorders) refer to a disability classification used in educational settings that allows educational institutions to provide special education and related services to ...
s.


Gaps and flaws in training

Because there are no federal standards for officer firearms training, standards vary by state.Martha Bellisle
AP Exclusive: Accidental shootings show police training gaps
Associated Press (December 9, 2019).
In most states, officers do not receive firearms training sufficient for the proficient handling of guns in real-world scenarios. For police cadets, a total of 40 hours of initial firearms training is required in Georgia, Illinois and Indiana; 52 hours in Utah; 66 hours in Missouri; 80 hours in Florida; and 90 hours in Washington state. After initial graduation from police academy, most officers are qualified in minimal firearms proficiency only once or twice annually, and firearms skills degrade rapidly. Experts attribute these training gaps to a significant number of accidental shootings (
unintentional discharge An unintentional discharge is the event of a firearm discharging (firing) at a time not intended by the user. An unintended discharge may be produced by an incompatibility between firearm design and usage, such as the phenomenon of cooking off a ...
s) by police officers. An Associated Press report found that there were 1,422 unintentional discharges by officers at 258 law enforcement agencies of all sizes between 2012 to December 2019, and that these unintentional discharges caused injuries (to officers, suspects and bystanders) 20% of the time and caused death 8% of the time. Experts, such as police instructors and researchers, similarly identify training of U.S. police officers on the use-of-force techniques as inadequate. A two-year study conducted by the Force Science Institute, a Minnesota-based police research and consulting firm, found that "skills like using a baton or taking down an aggressive offender deteriorate dramatically within two weeks." Police training in the United States has often been plagued by
pseudoscience Pseudoscience consists of statements, beliefs, or practices that claim to be both scientific and factual but are incompatible with the scientific method. Pseudoscience is often characterized by contradictory, exaggerated or falsifiability, unfa ...
,
junk science The expression junk science is used to describe scientific data, research, or analysis considered by the person using the phrase to be spurious or fraudulent. The concept is often invoked in political and legal contexts where facts and scientifi ...
, and questionable science, with various common elements of police training being underpinned by misinformation, unsubstantiated claims, assumptions, and anecdotes.Scott O. Lilienfeld & Kristin Landfield
Science and Pseudoscience in Law Enforcement
''Criminal Justice and Behavior'', Vol. 35 (10): 16, October 1, 2008.
Kelly McLaughlin
Police training programs have a pseudoscience problem
''Insider'' (June 17, 2020).
Many police practices taught in training are not
evidence-based Evidence-based practice (EBP) is the idea that occupational practices ought to be based on scientific evidence. While seemingly obviously desirable, the proposal has been controversial, with some arguing that results may not specialize to indivi ...
or supported by empirical research. For example, the "21-foot
Tueller Drill The Tueller Drill is a self-defense training exercise to prepare against a short-range knife or melee attack when armed only with a holstered handgun. Sergeant Dennis Tueller of the Salt Lake City Police Department wondered how quickly an attacke ...
"—based on the assumption that if a suspect is "any closer than 21 feet, the person could charge before an officer could unholster their gun"—is not scientific, and its creator has said the drill should not be taken literally; nevertheless, the drill is still commonly taught in police training as a science and has been used as an argument to justify
police use of force The use of force, in the context of law enforcement, may be defined as the "amount of effort required by police to compel compliance by an unwilling subject". Use of force doctrines can be employed by law enforcement officers and military perso ...
. The American Society of Evidence-Based Policing and other experts proposed
evidence-based policing Evidence-based policing (EBP) is an approach to policy making and tactical decision-making for police departments. It has its roots in the larger movement towards evidence-based practices. Advocates of evidence-based policing emphasize the value ...
and the creation of an "independent, nonpartisan body providing research and education to police departments" based on rigorous evidence.


Certification

Most states require a person to be certified before hired as a police officer; as of 2020, four states, including
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
, lacked a statewide police certification system.Christopher Gavin
Mass. lawmakers are readying for a police certification system. Here's what would make it strong, according to experts.
Boston.com ''Boston.com'' is a regional website that offers news and information about the Boston, Massachusetts, region. It is owned and operated by Boston Globe Media Partners, the publisher of ''The Boston Globe''. History ''Boston.com'' was one of t ...
(June 16, 2020).
As of 2009, 23 states with a certification process exempted certain personnel (usually elected sheriffs, and less commonly,
police chief The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and th ...
s,
state police State police, provincial police or regional police are a type of sub-national territorial police force found in nations organized as federations, typically in North America, South Asia, and Oceania. These forces typically have jurisdiction o ...
officers, and
reserve police officers Auxiliary police, also called special police, are usually the part-time reserves of a regular police force. They may be armed or unarmed. They may be unpaid volunteers or paid members of the police service with which they are affiliated. The Law ...
) from the certification requirement. In a minority of states, police certifying bodies also certify other public safety employees, such as
correctional officer A prison officer or corrections officer is a uniformed law enforcement official responsible for the custody, supervision, safety, and regulation of prisoners. They are responsible for the care, custody, and control of individuals who have been ...
s (23 states),
parole officer A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probati ...
s and
probation officer A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probati ...
s (21 states) and
police dispatcher A dispatcher is a communications worker who receives and transmits information to coordinate operations of other personnel and vehicles carrying out a service. A number of organizations, including police and fire departments, emergency medical s ...
s (15 states).


Decertification

By 1998, 11 states' commissions lacked decertification authority—the power to revoke a license to work as a police officer—largely because of
police union A police union is a trade union for police officers. Police unions formed later than most other occupations, reflecting both a conservative tendency and relatively superior working conditions. The first police unions formed in the United States. Sh ...
opposition.Disciplinary Actions
in

', Human Rights Watch (1998).
By 2016, six states (Massachusetts, New York, New Jersey, Rhode Island, California and Hawaii) still lacked decertification authority.Sarah Childress
How States Are Moving to Police Bad Cops
''Frontline'', PBS (April 8, 2016).
In a 2009 survey, almost all states reported that they had the authority to revoke an officer's certificate upon conviction of a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
; a smaller number of states reported that they had the authority to revoke an officer's certificate upon conviction of any
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
or for certain misdemeanors. Entities in 36 states reported that they could administratively revoke an officer's certificate for
police misconduct Police misconduct refers to inappropriate conduct and illegal actions taken by police officers in connection with their official duties. Types of misconduct include among others: false confession, coerced false confession, intimidation, false arre ...
; and entities in 31 states reported that they had the authority to temporarily suspend an officer's certificate. Among states with decertification authority, all "can decertify for felony convictions, but only 61% can decertify for failure to meet training or qualification requirements, 57% for general misconduct, 39% for termination for cause, and 11% for any misdemeanor conviction."Ben Grunwald & John Rappaport
The Wandering Officer
129 Yale L.J. 1676, 1703 (2020).
States differ dramatically in the number of officers decertified.A national registry of problem police officers would require major changes by states
Associated Press (June 26, 2020).
At least since the late 1990s,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
has been the most active state in decertifying "problem" officers. Over the period 2015–2019, Georgia decertified 3,239 officers,
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
decertified 21, and
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
decertified only one.A national registry of problem police officers would require major changes by states
Associated Press (June 26, 2020).
In some states, the decertification process has drawn scrutiny because a lack of speed and transparency.Ryan J. Foley
Iowa can take years to decertify officers for crimes
Associated Press (June 26, 2020).
In some states, a law enforcement agency must report the firing (or the firing
for cause Just Cause may refer to: * Just cause (employment law), a common standard in United States labor arbitration, and a reason for termination of employment. * ''Just Cause'' (film), a 1995 legal thriller starring Sean Connery * ''Just Cause'' (TV se ...
) of a police officer to the state certifying commission; in other states, a law enforcement agency only needs to report to the state certifying commission when an officer is arrested or convicted of a crime (or, in some states, a felony); and in some states, there is no notification obligation even under those circumstances.Nomaan Merchant
A 50-state look at officer decertification for sex incidents
Associated Press (November 3, 2015).
For example, in
Maine Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
, "Agencies must tell the state about officers arrested or convicted of a crime, as well as those fired or allowed to resign for misconduct." In
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
, law enforcement agencies are not required to report officer misconduct, but must notify the state commission of a termination of an officer within 10 days. In
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
, there is "no requirement for agencies to inform the state about officer arrests or noncriminal misconduct allegations." An Associated Press (AP) investigation in 2020 found that 17 officers were decertified in
Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
from 2018 to June 2020, mostly after being convicted of felonies, domestic violence, or certain other crimes in which removal is mandatory under Iowa law. Although removal is mandatory is such cases, the AP found that it was routine for a year or more to elapse, following officers' convictions, before the Iowa Law Enforcement Academy Council filed petitions seeking decertification, and that it was common for another year to go by for decertification to become final (after a hearing before an
administrative law judge An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evid ...
and a vote by the council). During the 2-year period, only a single Iowa officer had been "decertified for improper police work alone" (an officer who filed false reports and made an arrest without
probable cause In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. There is no universally accepted definition or f ...
). Iowa enacted a law in June 2020 to strengthen the decertification process by, among other things, requiring the Iowa Law Enforcement Academy Council to decertify officers who engage in "serious misconduct" (such as
fabricating evidence False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified Evidence (law), evidence could be created by either sid ...
or repeatedly using
excessive force Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life with the Thrill Kill Kult. History In 1991, Excessive Force released the single "Conquer Your House", followed by the album ''Conque ...
) and by requiring police departments to report details of an officer's misconduct to the Iowa Law Enforcement Academy Council within 10 days after the officer resigns or is terminated. In
Washington state Washington (), officially the State of Washington, is a state in the Pacific Northwest region of the Western United States. Named for George Washington—the first U.S. president—the state was formed from the western part of the Washington ...
, the Washington State Justice Training Commission (WSJTC) gained the power of certification and decertification in 2002.Mike Reicher
Fired, but still a cop: How Washington state’s decertification process leaves troubled officers with their guns
''Seattle Times'' (August 23, 2020).
However, the criteria for decertifying a police officer is extremely narrow, and
police accountability Police accountability involves holding both individual police officers, as well as law enforcement agencies responsible for effectively delivering basic services of crime control and maintaining order, while treating individuals fairly and withi ...
is anemic.Mike Reicher
Washington state has never pulled an officer’s badge for excessive force. That may be changing
''Seattle Times'' (February 26, 2021).
Officers can only be decertified in Washington state following a felony conviction or a firing for perjury or dishonesty; illegal drug use or possession; "actions that lead to a loss of gun rights"; or misconduct
under color of authority In United States law, the term color of law denotes the "mere semblance of legal right," the "pretense or appearance of" right; hence, an action done under color of law adjusts (colors) the law to the circumstance, yet said apparently legal acti ...
. A ''Seattle Times'' analysis in 2020 showed that out of about 11,000 officers in the state over the preceding four years, 106 officers had been fired from 2016 to 2019, and 44 had been recommended by police supervisors for WSJTC, but only 10 officers were actually decertified. Thus, even officers fired after being convicted of misconduct-related misdemeanor crimes, or officers whose misconduct led to governments settling lawsuits for hundreds of thousands of dollars, were listed as being in "good standing" with the WSJTC. As of 2021, Washington state had never decertified an officer for using
excessive force Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life with the Thrill Kill Kult. History In 1991, Excessive Force released the single "Conquer Your House", followed by the album ''Conque ...
. In 1999, IADLEST, with funding from the
U.S. Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
's
Bureau of Justice Assistance The Bureau of Justice Assistance (BJA) is a component of the Office of Justice Programs, within the United States Department of Justice. BJA provides leadership and assistance to local criminal justice programs that improve and reinforce the nat ...
, established the National Decertification Index (NDI), a database of decertified officers.Roger L. Goldman
NDI: Tracking Interstate Movement of Decertified Police Officers
''Police Chief Magazine'' (September 12, 2018).
As of 2005, only 13 states participated in the national decertification database; by 2018, that number rose to 43. The goal of the national index is to prevent officer decertified in one state from moving to a new state and obtaining certification and police employment in the new state. NDI has received no federal funding since 2005, and is privately maintained. The database does not contain the reasons for the decertification; a hit on a decertified officer's name will refer the person conducting the query to the specific agency that decertified the officer. Law professor Roger L. Goldman, an expert on police certification, notes that "Since the grounds for decertification vary greatly among U.S. states, the fact of decertification does not mean the officer is automatically ineligible to be an officer in the state to which he or she has moved. For example, in some states, conviction of a felony is the only grounds for decertification; whereas, in other states, the commission of specified misconduct, such as filing a false police report, could trigger decertification." As a result, an officer whose license is suspended in one state for misconduct, or even for conviction of a crime, may be able to find a police job in another state with laxer requirements. In its 1998 report ''Shielded from Justice: Police Brutality and Accountability in the United States'',
Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
recommended that all states have decertification authority; that federal legislation should be adopted to create a database of state POSTs' records "so that 'problem' or abusive officers are not allowed to obtain law enforcement employment in a neighboring state"; and that decertification procedures "should be reinvigorated and fully funded." A 2015 AP investigation uncovered numerous incidents of police officers who were terminated or resigned from a police agency after being accused of
sexual misconduct Sexual misconduct is misconduct of a sexual nature which exists on a spectrum that may include a broad range of sexual behaviors considered unwelcome. This includes conduct considered inappropriate on an individual or societal basis of morality, se ...
, were then rehired by a different policy agency, and were subsequently accused again of misconduct. A study of 98,000 Florida police officers over three decades (1988–2016), published in the ''Yale Law Journal'' in 2019, found that "wandering officers"—police officers terminated from one law enforcement agency for misconduct who then are hired by a different law enforcement agency—were about twice as likely to be fired for misconduct or to be the subject of a complaint alleging a "moral character violation" in their next police job. The study authors, Ben Grunwald and John Rappaport, concluded: "In any given year over the last three decades, an average of roughly 1,100 full-time law-enforcement officers in Florida walk the streets having been fired in the past, and almost 800 having been fired for misconduct, not counting the many who were fired and reinstated in arbitration. These officers, we have shown, are subsequently fired and subjected to 'moral character' complaints at elevated rates relative to both officers hired as rookies and veterans with clean professional histories. And we likely underestimate the prevalence of the phenomenon nationwide. We have, moreover, only a partial understanding of the extent of the problem wandering officers pose. Beyond their own misbehavior, wandering officers may undermine efforts to improve police culture, as they carry their baggage to new locales. Worse yet, wandering officers may 'infect' other officers upon arrival, causing misconduct to metastasize to the farthest reaches of the law-enforcement community."


See also

* Arizona Peace Officers Standards and Training Board *
Commission on Accreditation for Law Enforcement Agencies The Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) is a credentialing authority (accreditation), based in the United States, whose primary mission is to accredit public safety agencies, namely law enforcement agencies, trai ...
, a commission that accredits departments and agencies (not individual officers) *
Florida Criminal Justice Standards & Training Commission The Florida Criminal Justice Standards & Training Commission (CJSTC), established in 1967 under ''Florida Statutes'', Chapter 943, is a Florida state commission. The Commission's mission is "To ensure that all citizens of Florida are served by cr ...
*
Indiana Law Enforcement Academy The Indiana Law Enforcement Academy (ILEA) is a law enforcement training academy located in Plainfield, Indiana. The governing body of the academy is the 17-member Law Enforcement Training Board who are appointed by the governor. The board sets ...
*
Minnesota Board of Peace Officer Standards and Training The Minnesota Board of Peace Officer Standards and Training (POST) is an administrative body of the State of Minnesota that sets regulations and controls the training and licensing of police officers. The Minnesota legislature replaced the Minneso ...
*
Texas Commission on Law Enforcement The Texas Commission on Law Enforcement or TCOLE, serves as the regulatory agency for all peace officers in Texas, which includes sheriffs and their deputies, constables and their deputies, police officers, marshals, troopers, Texas Rangers, ...


References

{{reflist


External links


''Model Minimum Standards''
International Association of Directors of Law Enforcement Standards and Training (revised February 2020) * Bob Harrison
"A Retrospective: Police Academy Training in 2032"
''
FBI Law Enforcement Bulletin The ''FBI Law Enforcement Bulletin'' has been published monthly since 1932 by the FBI ''Law Enforcement Communication Unit'', with articles of interest to state and local law enforcement personnel. First published in 1932 as ''Fugitives Wanted b ...
'',
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
(September 9, 2014) Education in the United States Law enforcement in the United States Licensing