'Policing the Police: Congress and States Should Enact Duty to Intervene Laws'

Dallas Morning News, 2023

3 Pages Posted: 2 Mar 2023 Last revised: 3 Mar 2023

See all articles by Zachary D. Kaufman

Zachary D. Kaufman

University of Florida Levin College of Law; Boston University - School of Law; Washington University in St. Louis - School of Law; University of Houston Law Center; Stanford Law School; Yale University - Law School; Harvard University - Harvard Kennedy School (HKS)

Date Written: 2023


Tyre Nichols’ mother is absolutely right about the George Floyd Justice in Policing Act proposed in Congress: “We need to get that bill passed.” RowVaughn Wells was speaking at her son’s funeral last month about a promising next step in addressing police killings of her son, George Floyd, and many others.

However, this legislation should be strengthened before its anticipated reintroduction and supplemented by legislation beyond the federal level. As I argue in a forthcoming law review article, Congress and all state legislatures should enact criminal statutes mandating a duty to intervene by law enforcement officers in their colleagues’ misuse of force.

Keywords: Criminal law, Bad Samaritan laws, duty to aid, duty to report, duty to rescue, duty to intervene, Officer Duty to Intervene, bystanders, upstanders, state law, federal law, police, policing, police killing, police violence, police brutality, police reform, Tyre Nichols, George Floyd, Derek Chauvin

Suggested Citation

Kaufman, Zachary D., 'Policing the Police: Congress and States Should Enact Duty to Intervene Laws' ( 2023). Dallas Morning News, 2023, Available at SSRN: https://ssrn.com/abstract=4375803

Zachary D. Kaufman (Contact Author)

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