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PINKERTON VS. COUNTY OF KAUAI, KAUAI PROSECUTORS OFFICE AND MARC E. GUYOT
KAUAI POLICE & PROSECUTORIAL MISCONDUCT EXPOSED
U.S. FEDERAL COURT CASE #08-00222HG-KSC (FILED MAY 15, 2008)

PROSECUTORS HAVE CONSPIRED TO SUPPRESS EVIDENCE, CONSPIRED TO INTERFERE WITH CIVIL RIGHTS AND HAVE INTERFERED WITH A COURT ORDER.  PROSECUTORS HAVE ACTED MALICIOUSLY IN ORDER TO SHELTER THE COUNTY OF KAUAI, THE COUNTY PROSECUTORS OFFICE AND KAUAI POLICE OFFICERS FROM CIVIL LIABILITY AFTER LEARNING OF THE EXCULPATORY EVIDENCE FOUND ON THIS WEBSITE.    THIS WEBSITE WAS CREATED TO SHOW THAT WHEN POLICE CONSPIRE AGAINST CITIZENS, THERE IS ALWAYS GOING TO BE A PROSECUTOR WHO VIOLATES ETHICAL AND PENAL RESPONSIBILITIES IN ORDER TO WIN AT ALL COSTS.

Disclosing Officer Misconduct Is A Constitutional Duty

Disclosing Officer Misconduct Is a Constitutional Duty

 

"In 1981, the U.S. Commission on Civil Rights recommended that all police departments create an early warning system to identify problem officers, those “who are frequently the subject of complaints or who demonstrate identifiable patterns of inappropriate behavior.”
(PDF download )

 

 

 

 

 

Document Downloads

 

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you will need Adobe to read these files.

Most of these files deal with how to effectively police the police, or watch the watchers.

 

Civilian Oversight of Police
Civilian oversight involves people from outside the police holding law enforcement accountable for their actions, policies, and organization. Such independent oversight can be an effective way to reveal, investigate, and resolve complaints of police misconduct; to foster public confidence in law enforcement; and to fulfill the democratic ideal that citizens should exercise some control over the state.

In the United States, a country with thousands of independent police agencies, the history of civilian oversight is inextricably tied to the rise of the civil rights movement. Today activists and reformers continue to demand unbiased policing free of brutality and intimidation and the creation of independent review boards to stimulate and document progress toward those goals (Walker 2001).


Review of National Police Oversight Models [PDF]

ROSTER OF U.S. CIVILIAN OVERSIGHT AGENCIES [PDF]
(UPDATED ? JANUARY 2006)

 

Documents for Immediate Download:

 

VERBAL JUDO

what is verbal judo?

Dealing With Angry People [PDF]

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Verbal Judo Training Manual L.A. Fire Dept. [PDF]

The National Conflict Resolution Center (NCRC)

 

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Other Resources:
 

Kauai Prosecutors VS. Pinkerton Plea Agreement [PDF]

Kauai Police Commission Complain Form [PDF]

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KPD Officers [EXCEL]  [Microsoft Office WEB]

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Kauai County Charter [PDF]

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1975 - 2003 Crime Report in Hawaii [EXCEL]

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2004 Crime Report in Hawaii [PDF] 

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Department of Justice on Police Abuse [PDF]

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Respectful Policing Practices [PDF]

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Civilian Oversight of Law Enforcement [PDF]

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Early warning system to identify problem officers [PDF]

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Handling Police Misconduct Ethically [PDF]

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Police Use of Force Concepts [PDF]

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Statistics for Law Enforcement Officers Assaulted [PDF]

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Annual Report of LEA Assistance for Hawaii, 2005 [PDF]

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FEMA Law Enforcement and Security Resources [PDF]

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DOJ COMMUNITY ORIENTED POLICING SERVICES [PDF]
***Law Enforcement, Corrections & Forensic Technologies

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DOJ PROMOTING POLICE INTEGRITY [PDF]

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DOJ Electronic Crime Scene Investigation [PDF]

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DOJ Tribal Law Enforcement [PDF]

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DOJ Crime Scene Investigation [PDF]

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FBI Deploy CALEA Field Guide [PDF]

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Bometric Companies Who Support Law Enforcement [PDF]

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USDA Rural Filed Office Network Beginning [PDF]
I installed all the USDA Rural Field Office Networks in the Pacific Rim

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Dept. Of Education State of Hawaii Directory [PDF]


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State County Federal Directory for Hawaii [PDF]

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Abandoned Property in Hawaii to be Claimed [PDF]

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Records Management Handbook [PDF]

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Other Pertinent Topics:

 

Addressing Police Misconduct
http://www.usdoj.gov/crt/cor/Pubs/polmis.htm
Laws enforced by the U.S. Department of Justice. Oct. 30, 2000.
(Last checked 08/10/05)

Beyond Scandal:
The Rampart Corruption Incident as 'Business-as-Usual' in LA

http://www.e-venthorizon.net/power_authority/rampart_scandal.html

Jason E. Whitehead. January 9, 2001.
(Last checked 08/10/05)

Citizen Review of Police: Approaches & Implementation
http://www.ncjrs.org/txtfiles1/nij/184430.txt
http://www.ncjrs.org/pdffiles1/nij/184430.pdf
"Citizen Review of Police" assesses nine different approaches to citizen oversight for jurisdictions interested in creating or enhancing an oversight system. This NIJ Issues and Practices report (NCJ 184430) discusses the types of citizen oversight, potential benefits of oversight systems, limitations to citizen review, oversight responsibilities, staffing issues, and potential conflicts between oversight bodies and police departments. Concerned citizens, community organizations, law enforcement agencies, and police unions can all contribute to the design, implementation, and operation of a successful oversight system. Peter Finn. March 2001. 209pp.
(Last checked 08/10/05)

Civilian Oversight of Police
http://www.altus.org/altus/research_tools/bibliography_hot_topics.asp?interior_id=1&section_id=3&sub_section_id=12&id=17&lang=en
Compilation of titles from the Bibliography on Democratic Policing database.
(Last checked 08/10/05)

Civilian Oversight of the Police in the United States
http://www.parc.info/pubs/pdf/SLUmerrickpaper.pdf
Merrick Bobb discusses citizen oversight of law enforcement in the St. Louis University Public Law Review. The article discusses the history of policing and police reform in the United States and explores approaches to civilian oversight, including independent monitors, civilian review boards and "pattern or practice" consent decrees. Mr. Bobb's article first appeared in the Saint Louis University Public Law Review, Volume XXII, Number one, 2003. 23pp.
(Last checked 08/10/05)

Code Blue
Prosecuting police brutality requires penetrating the blue wall of silence. The obstacles to policing police brutality and investigating and prosecuting cases of police misconduct and several cases that illustrate the thickness of the blue wall of silence are examined. Jerome H Skolnick. The American Prospect. Princeton: Mar 27-Apr 10, 2000.Vol.11, Iss. 10; pg. 49, 5 pgs.
(Last checked 08/10/05)

Coping with Police Misconduct in West Virginia: Citizen Involvement in Officer Disciplinary Procedures?A Review of Existing Law, Legislative Initiatives, and Disciplinary Models
http://www.usccr.gov/pubs/sac/wv0104/main.htm
U.S. Commission on Civil Rights.
(Last checked 08/10/05)

Cops v. Citizen Review
http://mediafilter.org/caq/Caq55.CopsVscr.html
"I had been in internal affairs investigations a couple of times, and they were very easy to breeze through. I answered a few questions. I lied through every answer, and I went back to patrol." -- Former New York City police officer Michael Dowd. Article by by Lynne Wilson appearing in Covert Action Quarterly, no. 55, Winter 1996. Note: The full text of Covert Action Quarterly is available in the MSU Libraries Special Collections unit.
(Last checked 08/10/05)

Enhancing Police Integrity
http://www.ojp.usdoj.gov/nij/pubs-sum/209269.htm
A recently released report by the National Institute of Justice. Takes a new approach to measuring police officer conduct. Rather than focusing on potential corruption, the researchers measured the integrity of police officers?including their willingness to report the misconduct of fellow officers?through uniquely developed tools and techniques. The study finds that an agency?s culture of integrity, as stated in clearly understood and implemented policies and rules, may be more important in shaping an officer?s ethics than hiring the ?right? people. Police executives should consider some of the tactics developed through this study to evaluate their own agencies.
(Last checked 08/10/05)

Ethics and Accountability in Policing : A Bibliography
http://www.freedomtocare.org/page24.htm
Most of these publications are available in the MSU Libraries. Check Magic for location and call numbers.
(Last checked 08/10/05)

Ethics Training in Law Enforcment

http://theiacp.org/pubinfo/Pubs/ethictrain.htm

Ethics is our greatest training and leadership need today and into the next century. In addition to the fact that most departments do not conduct ethics training, nothing is more devastating to individual departments and our entire profession than uncovered scandals or discovered acts of officer misconduct and unethical behavior. The effects of unethical acts and behavior take many forms. A report by the Ethics Training Subcommittee of the International Association of Chiefs of Police Ad Hoc Committee on Police Image and Ethics.
(Last checked 08/10/05)

Evaluating Police Officers
http://www.concentric.net/~dwoods/evaluate.htm
Article by Robert C. Trojanowicz from the Community Policing Pages. 1998
(Last checked 08/10/05)

Fighting Police Abuse: A Community Action Model
http://web.archive.org/web/20041031080318/
archive.aclu.org/library/fighting_police_abuse.html

Courtesy of the ACLU. August 1997.
(Last checked 08/10/05)

A Global Forum on Fighting Corruption:
Safeguarding Integrity Among Justice and Security Officials
http://usinfo.state.gov/topical/econ/integrity/homepage.htm
The "Vice President's Conference on Fighting Corruption and Safeguarding Integrity Among Justice and Security Officials" -- the world's first conference to target corruption specifically among police, prosecutors, judges, military personnel, customs officials, border guards, financial regulators and budget/procurement officials -- will be held in Washington, DC from February 24-26, 1999...
(Last checked 08/10/05)

How to Train Cops
http://www.city-journal.org/html/10_4_how_to_train.html
New York's Police Academy does a model job of turning raw recruits into efficient officers. It should put more focus on good vs. bad, less on black vs. white. Article by Heather Mac Donald.
(Last checked 08/10/05)

Internal Affairs: Issues for Small Police Departments
http://www.findarticles.com/cf_dls/m2194/7_72/107121939/p1/article.jhtml
In the United States, most of what Americans know about the internal affairs of law enforcement agencies appears to come from the entertainment industry. Citizens generally believe that all police departments have a squad of officers assigned only to "police the police." This may be tree for large agencies, but not for the vast majority of police departments in the country. Eighty-seven percent of police departments in the United States consist of fewer than 25 sworn officers. (1) Yet, society holds these small agencies accountable for the conduct of their officers via the same laws and judicial review process that it holds departments with hundreds or even thousands of officers. How does an agency with very few officers meet this obligation? FBI Law Enforcement Bulletin,The, July, 2003, by Sean F. Kelly.
(Last checked 08/10/05)

Lansing Police Department
Analysis of the Discipline Process and Outcomes, with Recommendations, for the Lansing Police Department
http://www.lansingpolice.com/site/profile/Disciplinefinal.pdf
Minorities at the Lansing Police Department have a disproportionate number of complaints filed against them by their superiors and the public. Minorities who make up 20% of employees received about 35 percent of complains and 39 percent of sustained -- or proved valid -- charges. The analysis was conducted by Theodore Curry II, Head, MSU School of Labor and Industrial Relations. July 13, 2004.
(Last checked 08/10/05)

L.A.P.D. Blues
http://www.pbs.org/wgbh/pages/frontline/shows/lapd/
This 2001 site explores the Los Angeles Police Department Rampart [CRASH unit] scandal and investigation, "a tangled web linking officers with street gangs, drug dealing, and the gangsta rap underworld." Includes a chronology; interviews; rap lyrics about the police; and information on the legacy of the Rodney King beating, Suge Knight, and Death Row Records. From the PBS series Frontline (includes transcript).
(Last checked 08/10/05)

LAPD Computer Targets Rogue Cops
http://www.wired.com/news/technology/0,1282,68294,00.html
Dogged by scandal, the Los Angeles Police Department is looking beyond human judgment to technology to identify bad cops. This month, the agency began using a $35 million computer system that tracks complaints and other telling data about officers -- then alerts top supervisors to possible signs of misconduct.
(Last checked 08/10/05)

Law Enforcement Ethics: the Continuum of Compromise
http://www.rcmp-learning.org/docs/ecdd1222.htm
During the past few years, law enforcement behavior has been the subject of increased scrutiny across the country. Rodney King, Ruby Ridge, Waco, evidence planting in Philadelphia, Mark Furhman's testimony, "Operation Big Spender" and the chase and apprehension of the illegal aliens in Southern California are just some of the incidents that have captured the nation's attention. With each new headline, mistrust of law enforcement increases; police/community relations suffer; and the reputations of good, hardworking and ethical law enforcement professionals and their organizations are tainted. Even the most avid supporters of law enforcement wonder what is happening and are asking, "Can the police be trusted to police themselves?" While high profile cases capture the nation's attention, law enforcement agencies across the country spend an increasing amount of time investigating, disciplining and prosecuting officers for unethical or criminal behaviors that never make it to the front pages.
(Last checked 08/10/05)

Los Angeles Police Department
Board of Inquiry into the Rampart Area Corruption Incident
http://www.lapdonline.org/pdf_files/pc/boi_pub.pdf
Executive Summary:
http://www.lapdonline.org/pdf_files/pc/exec_summary.pdf
On March 1, Los Angeles Police Department (LAPD) commanders released the full text and executive summary of an internal, four-month Board of Inquiry investigation. The investigation centered on a host of alleged corrupt and criminal activities by the Rampart Area neighborhood's anti-gang unit. Among its findings were lax departmental supervision, tight-knit and almost gang-like behavior among the unit's members, and the improper assignment of new recruits to risky and sensitive positions, such as the anti-gang unit at Rampart. The report suggests 108 changes in department policies and procedures. Despite resistance from the LAPD, the city's civilian Police Commission announced on Tuesday that it would launch its own review of the force's disciplinary system and its ethics and culture. Users can read the full text of the report and executive summary in .pdf format at the LAPD's Website. Source: Scout Report, March 10, 2000.
(Last checked 08/10/05)

Mediating Citizen Complaints Against Police Officers:
A Guide for Police and Community Leaders
http://www.cops.usdoj.gov/pdf/e04021486web.pdf
Samuel Walker et al., University of Nebraska Omaha, Department of Criminal Justice, 2002. 111pp.
(Last checked 08/10/05)

Measurement of Police Integrity
http://www.ncjrs.org/pdffiles1/nij/181465.pdf
The more serious the officers considered a behavior to be, the more likely they were to believe that more severe discipline was appropriate, and the more willing they were to report a colleague for engaging in that behavior. Carl B. Klockars, Sanja Kutnjak Ivkovich, William E. Harver, and Mria R. Haerfeld. 2000. 12pp.
(Last checked 08/10/05)

Police Accountability
http://www.concentric.net/~dwoods/account.htm
Many assume when talking about police accountability, that it relates to merely how the police organization evaluates personnel and then holds them accountable for their actions. It is much more complex than that, however, because ultimately the police are accountable to the community they serve. Article by Robert C. Trojanowicz from the Community Policing Pages. 1998
(Last checked 08/10/05)

Police Accountability: A Select Bibliography
http://www.criminology.utoronto.ca/library/policeaccountability.htm
Compiled by the University of Toronto Centre of Criminology Library. March 10, 2003.
(Last checked 08/10/05)

Police Assessment Resource Center (PARC)
http://www.parc.info/
PARC supports and assists those responsible for the oversight of police departments -- monitors, law enforcement executives, civic officials, and government agencies -- to advance effective, respectful, and publicly accountable policing. PARC regularly publishes reports and articles concerning police oversight. Some of these reports detail monitoring activities in various jurisdictions where PARC has been engaged as a consultant to the monitor. Others were articles produced by the PARC staff. On a monthly basis, PARC publishes the Best Practices Review, a newsletter containing up-to-date news, interviews and events. Previous issues of the Best Practices Review can be accessed by clicking here. This page also contains other publications and websites of interest to those concerned with police reform and oversight.
(Last checked 08/10/05)

Police Attitudes Toward Abuse of Authority:
Findings from a National Study
http://www.ncjrs.org/pdffiles1/nij/181312.pdf
http://www.ncjrs.org/txtfiles1/nij/181312.txt
The Police Foundation's nationally representative telephone survey of 925 randomly selected American police officers from 121 departments explores the officers' views on the abuse of police authority. Officers also provided information on different forms of abuse they have observed, the frequency of abuse in their departments, and effective strategies for controlling abuse. General findings, as well as differing attitudes of black, white, and other minority officers, are presented and discussed in this Brief. David Weisburd and Rosann Greenspan with Edwin E. Hamilton, Hubert Williams, and Kellie A. Bryant. NIJ Research in Brief, May 2000, 21pp.
(Last checked 08/10/05)

Police Integrity: Public Service With Honor
http://www.ncjrs.org/pdffiles/163811.pdf
http://www.ncjrs.org/txtfiles/163811.txt
The National Symposium on Police Integrity was held in Washington, D.C., on July 14-16, 1996, to examine the issues of public trust, public perception, and police integrity. Police Integrity: Public Service With Honor details the discussions among 200 professionals ?- including police administrators, U.S. Department of Justice officials, representatives from the international law enforcement community, social scientists, ethicists, members of various academic disciplines, police union officials, members of the judiciary, attorneys, students of criminal justice, and police officers from a variety of departments?about the state of integrity in America's law enforcement services and the national action agenda to maintain police integrity and to ensure the public trust that was formulated. This report presents the results of the small group working sessions and the action plan that was developed based on their ideas and recommendations. NIJ Report, January 1997, 149 pages.
(Last checked 08/10/05)

Police Practices and Civil Rights in New York City
http://web.archive.org/web/20011127003507/
http://www.usccr.gov/nypolprc/main.htm

On May 26, 1999, the U.S. Commission on Civil Rights conducted a hearing in New York City to examine current police practices and their impact on civil rights in the community at large. The Commission had a strong interest in studying the methods used by the city to balance crime fighting with the exercise of appropriate restraint, particularly following the highly publicized tragedies involving Abner Louima and Amadou Diallo. This report is intended to offer insights into some of the tensions that exist between the New York Police Department (NYPD) and the communities that it serves. A report by the U.S. Commission on Civil Rights. August 2000.
(Last checked 08/10/05)

Policing Their Own
http://www.chicagoreporter.com/1999/09-99/0999main.htm
Article by Rebecca Anderson appearing in the Chicago Reporter, Sept. 1999.
(Last checked 08/10/05)

Principles for Promoting Police Integrity
Examples of Promising Police Practices and Policies
http://www.ncjrs.org/pdffiles1/ojp/186189.pdf
http://www.ojp.usdoj.gov/lawenforcement/policeintegrity/welcome.html
U.S. Department of Justice, January 2001.
(Last checked 08/10/05)

Prosecuting Police Misconduct:
Reflections on the Role of the U.S. Civil Rights Division
http://www.vera.org/publication_pdf/misconduct.pdf
A report by Alexis Agathocleous and Heather Ward of the Vera Institute of Criminal Justice. In June 1998, five former Assistant Attorneys General for Civil Rights, two veteran Civil Rights Division attorneys, and Division Chief Bill Lann Lee gathered at the Vera Institute of Justice to discuss the federal government's efforts to prosecute police misconduct over the past four decades. Prosecuting Police Misconduct: Reflections on the Role of the U.S. Civil Rights Division draws principally on that meeting. By referring to specific cases, the report traces the Civil Rights Division's evolving approach and pinpoints advantages as well as limitations associated with federal prosecution. 1998. 24pp.
(Last checked 08/10/05)

The Public Accountability of Private Police: Lessons from New York, Johannesburg, and Mexico City
http://www.vera.org/publication_pdf/privatepolice.pdf
PDF: 190 KB/53 pages
Vera Institute of Justice published: 8/1/2000
This paper looks at how private police are actually held accountable through a set of three case studies drawn from different countries. The literature on private policing is remarkably uninformed by empirical data, although a few works have investigated the scope of private policing through interviews with people working in the industry. It is our hope that the case studies will help to fill this gap in the literature.
(Last checked 08/10/05)

Public Corruption: A Comparative Analysis of International Corruption Conventions and United States Law
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=298089
Peter J. Henning, Wayne State University Law School
(Last checked 08/10/05)

Repairing Broken Windows (police corruption)
http://www.findarticles.com/cf_dls/m2194/2_70/72299788/p1/article.jhtml
In the last two decades, research and commentary regarding the causes and effects of law enforcement corruption have intensified and diversified. Efforts in Australia, Canada, Great Britain, and the United States have effectively identified symptoms and remedies in those countries, as emerging democracies in Africa, Eastern Europe, and the Pacific Rim face the more immediate and stark realities of self-governance and the police role. Comparative reviews of problems and best practices, as well as academic research, suggest that corruption follows certain predictable routes and that precursory signs occur prior to any actual quid pro quo corrupt activity. FBI Law Enforcement Bulletin , Feb, 2001, by Frank L. Perry.
(Last checked 08/10/05)

Report of the Rampart Independent Review Panel
http://www.ci.la.ca.us/oig/rirprpt.pdf
A report to the Los Angeles Board of Police Commissioners concerning the operations, policies, and procedures of the Los Angeles Police Department in the wake of the Rampart scandal. November 16, 2000. 258pp.
(Last checked 08/10/05)

Reputable Conduct: Ethical Issues in Policing and Corrections (Book Review)
http://www.findarticles.com/cf_dls/m2194/10_70/80787338/p1/article.jhtml
Also available in MSU Library
Why did a law enforcement officer in a large metropolitan police department brutalize a suspect? Why did it take several days for his colleagues to admit to witnessing the event? Such questions lead officers to ponder their moral duties and obligations, known generally as ethical considerations, as they relate to the law enforcement profession.
Some of the hardest decisions law enforcement officers make during their careers involve ethical issues. As a result, the actions taken to resolve these issues play a vital role in defining officers throughout their careers.
Source: FBI Law Enforcement Bulletin, Oct. 2001, by Stanley B. Burke.
(Last checked 08/10/05)

Revisiting Who is Guarding the Guardians?
http://web.archive.org/web/20011116075934/
http://www.usccr.gov/guardian/main.htm

A Report on Police Practices and Civil Rights in America by the U.S. Commission on Civil Rights. Nov. 2000.
(Last checked 08/10/05)

Shielded from Justice:
Police Brutality and Accountability in the USA
http://www.hrw.org/reports98/police/
This report from Human Rights Watch details the results of an investigation of police brutality in 14 large cities in the United States (includes Detroit). Examined are accountability, systems to deal with abuse, race as a factor, civil rights prosecution, codes of silence and other contributing factors. Note: The corresponding 1998 report is also available in Main Library Stacks HV8141 .S48 1998
(Last checked 08/10/05)

Should the Diallo Cops Face Civil Rights Charges
http://web.archive.org/web/20000815234836/
www.speakout.com/Issues/Briefs/1187/

SpeakOut.com overview by Jenny Murphy, February 28, 2000. Still available thanks to the Internet Archives.
(Last checked 08/10/05)

Stephen Lawrence Inquiry (United Kingdom)
http://www.archive.official-documents.co.uk/document/cm42/4262/4262.htm
http://www.archive.official-documents.co.uk/document/cm42/4262/sli-00.htm
Home Office investigation into a racially motivated crime and the ineffective follow-up by local police which led to a Code of Practice on reporting and recording racist incidents in response to recommendation 15 of the Stephen Lawrence Inquiry Report. Feb. 1999 and April 2000.
(Last checked 08/10/05)

Understanding and Preventing Police Corruption: Lessons from the Literature
http://www.homeoffice.gov.uk/rds/prgpdfs/fprs110.pdf
Tim Newburn. Police Research Series Paper 110, 1999.
(Last checked 08/10/05)

The Use of Citizens Surveys as a Tool for Police Reform
http://www.vera.org/publications/publications_5.asp?publication_id=5
Citizen surveys, long used by researchers to test hypotheses about police-citizen interactions, have recently be deployed as a tool for promoting police reform. This paper examines the citizen survey's potential role in creating more accountable and effective police forces, drawing on examples from Chicago, Illinois; Queens, New York; and St. Petersburg, Russia. Robert C. Davis, Vera Institute of Justice.
(Last checked 08/10/05)