The Interaction and Relationship between Prosecutors and Police Officers in the U.S., and How this Affects Police Reform Efforts

Abstract

This chapter, part of a larger effort to examine the prosecutorial role in different legal systems, examines the interaction and relationship between American prosecutors and police departments, and the consequences of these arrangements for police misconduct and efforts to reform police agencies. It begins with a description of how these disparate but interlocking parts of the American criminal justice system function together, with particular emphasis on two signal characteristics of the American prosecutorial function: the two-tiered (national and state) nature of prosecution in the U.S., and the popular election of the vast majority of American prosecutors at the state level. With these characteristics in mind, the chapter then describes their implications for the issue of police misconduct and suggests possibilities for reforming deficient police practices. The potential for police reform through the efforts of prosecutors may appear bleak, but a relatively new federal statute has begun to make a difference. This new law, known as the, “pattern or practice,” statute, holds the key to making progress in American police practices.

Keywords: prosecutor, state, federal, pattern or practice, discretion, elected, U.S. Attorney, constitutional rights, law enforcement, policy reform, accountability, legal reform, police misconduct, legislation

JEL Classification: K14, K42