Gold, or Fool's Gold? Policing in America & the Potential of Body Cameras Nammal Mahboob, Mackenzie Johnston, Hussain Shah - Journal Production ...
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Chapter 10
Gold, or Fool’s Gold? Policing in America & the Potential
of Body Cameras
Nammal Mahboob, Mackenzie Johnston, Hussain Shah
"I know that it’s hard to believe that the police you look to for safety and security
are the same people who are causing us so much harm. But I’m not lying and I’m
not delusional. I am scared and I am hurting, and we are dying. And I really, really
need you to believe me.” (Ijeoma Oluo, So You Want to Talk About Race, 2018)
Defund the police. Black Lives Matter. I can't breathe. These sayings, and countless
others, exist to address the inequality Black individuals face. An issue regarding
the police has been the lack in a creation of a gold standard regarding their conduct.
The overwhelming racial bias in America has been exposed by such police
misconduct, time and time again through the attacks on Black lives during peaceful
protests, and the lack of equivalent behaviour towards White individuals in similar
circumstances (Simon, 2021). Media has also fed into Western society’s race
problem by labelling peaceful protests about Black lives, rights and communities
as riots (Steinmetz, 2020). Conversely, the Capitol insurrection and multiple other
violent protests involving White terrorist organizations are not given such labels.
Police are two-and-a-half times more likely to murder innocent unarmed Black
civilians in the name of protecting America than they are White civilians (Edwards
et al., 2019). Police behaviour does not accurately reflect the fact that White
individuals are twice as likely to be armed, therefore posing more of a threat
towards police compared to Black people (Peeples, 2020). This difference in
conduct reflects the implicit association between Black individuals and weapons.
The lack of racial bias training and the discrepancies in terms of police behaviour
highlight the major changes that need to be implemented in American policing in
165
Are We There Yet? The Golden Standards of Forensic Science
order to decrease the harmful racial associations (Reaves, 2016). These changes
may include the use of body-worn cameras, which facilitate resolutions between
police officers and civilians, as well as identify and examine corroborating
evidence (Chapman, 2018). Unfortunately, the problem between police and
minorities is not exclusive to America. Canada has multiple policing problems,
especially between the Indigenous peoples, that are often not highlighted by
mainstream media (Crosby, 2021).
Policing Black Individuals
The relationship between Black individuals and White individuals in America is
rocky to say the least. ‘Slave patrols’ in the 1700’s was the first police initiative to
specifically target Black individuals, which fueled the growth of a massive implicit
bias against Black people that extended into following decades (Reichel, 1988;
Ward, 2018). Even after the emancipation of Black individuals, police held a
tainted view and remained violent towards this group. When one considers Black
freedom, activists such as Martin Luther King Jr. or Rosa Parks come to mind but
have often been associated with an old America, although, if alive they would be
92 and 107 years old respectively (Hall, 2005). This association is negative because
it allows individuals to believe that America is a better place for Black individuals.
Unfortunately, while society has progressed forward, violent policing against Black
people has remained a significant issue. Due to these issues, the Black Lives Matter
(BLM) movement has emerged to tirelessly and bravely advocate for the beliefs
and rights of the Black community, including the defunding of the police. BLM
protests have been peaceful, but unfortunately have been labelled as riots, and have
received negative violent reactions from the police. Although police are important
to maintain public safety, there is no need to militarize the police force. Police
militarization not only increases fatal-police shootings, but it also does not reduce
crime (Delehanty et al., 2017; Gunderson et al., 2021). This implies that needlessly
militarizing the police would increase undue violence towards the Black
community. Militarization also aids in allowing the police to step outside of their
jurisdictions and fulfilling roles outside their reach, by giving them weapons,
armored vehicles and combat attire (Gunderson et al., 2021).
Years of hatred and violence against Black Americans has resulted in a
prejudiced American police force. Throughout history, Black individuals have died
over seemingly meaningless conflicts, such as the refusal to remove one’s hat in
166
Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
the presence of White people (Ward, 2018). In turn, these instances have led to a
racially biased America because the occurrence of these incidences perpetuate hate
and allow others to believe this is ‘normal’. This is not isolated to a certain era, the
murders of George Floyd, Breonna Taylor, Tamir Rice, and countless other Black
Americans have happened in the past decade alone. In modern-day America, the
‘frisk, search, arrest, and use of force’ still exists, and often occurs against Black
individuals (Cooley et al., 2020). The police are, therefore, still afraid of Black
individuals, even after evidence suggests that they are less threatening than White
people (Peeples, 2020).
White Supremacy
When the United States elected Donald Trump as their President in 2016, a deep-
rooted problem in America came to light. White Supremacy: the opinion that the
White race is better in comparison to other races, and therefore should have more
governance over others (Leonardo, 2004). Arguably, the leader of a country
represents its population’s point of view. Built on a mountain of lies, Trump’s
political platform reeked of racism and bigotry.
In 1989, the Central Park Five, five boys of colour from New York, were
wrongfully convicted of the attempted murder and sexual assault of Patricia Meili
(De Niro et al., 2019). The Central Park Five had been wronged by law
enforcement, whose racial bias had led them to implicate these boys in Meili’s
death. At this point in time, years prior to his presidency, Trump called for the
revival of the death sentence, and expressed that it was an ‘advantage’ to be Black
in America, in response to the Central Park Five (Foderaro, 1989; MSNBC, 2020).
Years later, Trump’s tweets, rallies, and words of encouragement lead to the
Capitol insurrection, which not only resulted in damage to the Capitol, but also
resulted in the deaths of multiple innocent people (Simon, 2021). Unlike the
peaceful BLM protests, the White civilian-led violent Capitol insurrection did not
trigger lethal force used by the police (Thomas & Tufts, 2020). Conversely, the
peaceful BLM protests that occurred the year before, saw many physical injuries to
Black people, who were also arrested for protesting, violently handled, and tear
167Are We There Yet? The Golden Standards of Forensic Science
gassed (Sainato, 2020). Where is the
advantage in that? Clearly, White
people held and continue to hold an
advantage in America, whether it be
1989 or 2021.
Many try to justify that
everyone is equal in the eyes of the
law in the United States regardless of
race, sexuality, age, and other social
positionalities. This claim, however,
however can serve as a way to gloss
over the struggles of marginalized
groups as it is not reflected in police
treatment. In White supremacist
America, many White individuals
believe that they are superior to
others, this is based on various ideas,
and allows a White individual to
have privilege based on the colour of
their skin (Leonardo, 2004). This is
exacerbated by politicians that push
the White supremacy agenda,
Figure 10.1: Sign that states, “Fuck Boris. Fuck
including Trump and many others. Trump. Fuck Racism, during a protest in
Last year, Trump refused to Leamington Spa, UK. 6/21/2020. Photo by Alex
condemn White supremacy by Motoc on Unsplash
telling the Proud Boys to ‘stand by’,
which provided encouragement to the Proud Boys and other White supremist
groups (Gabbatt, 2020). This problem, however, is not limited to politicians, it
seeps into the police system as well. Many White supremacy groups have strong
ties or are members of local police departments and many members are hired
policemen (Simon, 2021; Ward, 2018). Additionally, multiple White police
officers have also taken a part in the Capitol insurrection and have been further
linked to other White terrorist groups (Diaz, 2021; Ward, 2018). Police involved in
the insurrection were not limited to one jurisdiction or even state, for example
officers from Seattle are under investigation for their involvement (Diaz, 2021).
168Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
Multiple other officers have been involved in the insurrection, but their names, nor
their place of employment is known.
Due to racial bias, ‘modern-day’ America has not been able to move
forward. This stagnant approach negatively impacts the Black community because
they are the direct targets of the bias and subsequent violence. Historically, these
are the communities that performed lynchings, and where police officers ignored
racial violence (Ward, 2018). The police must completely disconnect from White
supremacy groups, stand independently and operate without bias. Moreover, the
professional advice of the federal justice system should be sought out, and the
police system should be reformed in accordance. This would lead to change across
America, a change at the federal level may help cause a universal change across the
country.
Radical Change
With a highly diverse population, America needs a police system that serves
everyone. Currently, Black individuals in America are more scared of the police
than they are of criminals (Jackson-Jefferson, 2021). There is very little race
representation in American police departments, as 65.5% of police officers are
Caucasian. (DataUSA, n.d.). To better serve and represent communities, police
hiring practices should accept and include more people of colour. Racial
representation in the police department would ameliorate the departments
reputation and perception in Black-dominated communities, because they would
be more comfortable around police officers that they know will not target them for
their race. In the past, the hiring of minorities was not to improve relations between
minorities and police, but rather a public relations stunt (Johnson Jr et al., 2019).
Due to this, it may be debatable that a more diverse police force will lead to better
community relations (Johnson Jr et al., 2019).
One of the largest issues surrounding the policing system in America is that
there is no ‘gold standard’ or training that is universal between police departments.
Each state regulates its own policing system, which results in an unstandardized
police practice across a supposedly unified country. There have been multiple calls
for reform, yet none of them have been implemented, as they have not been legally
obligatory. With such rampant racial biases and the high tendency to resort to
violence, the actions of police reflect their training or lack thereof. In the most
recent ‘State and Local Law Enforcement Training Academies’ bulletin, the U.S.
169Are We There Yet? The Golden Standards of Forensic Science Department of Justice outlined the time expenditure during police officer training. Police officers across America spend a total of approximately 168 hours on training firearms skills, self-defence, and use of force (Reaves, 2016). On the other hand, only 34 hours are spent on professionalism, ethics and integrity, and communication (Reaves, 2016). These trainings are not provided at all police academies, and there is no evidence of implicit bias training in police academies, either (Reaves, 2016). Currently, the BLM movement continues to highlight the discrepancies in police conduct with regards to Black citizens, and they propose a shift from the heavy focus on firearm training in improving the stress management and implicit bias trainings. There must also be more transparency as to what the police are doing, either through reporting actions or body cameras. Canada vs. America American problems are highlighted by mainstream media all over the world as a result of America’s global superpower status. Canada does not have the same privileges, and often police brutality or violence that occurs in Canada is overlooked by the media. Canada has a more affable reputation than the United States does. There are stereotypes that claim Canada is polite, nicer, and multicultural. These stereotypes perpetuate the ideas that Canada has a clean record when it comes to police relationships with minorities. America remains haunted by slavery, but Canada has overlooked and mistreated Indigenous peoples for quite some time. The lack of education regarding Canada’s colonization, residential schools and its continued mistreatment of Indigenous peoples may contribute to police misconduct with Indigenous populations (Crosby, 2021; Gibson & Case, 2019). The Canadian problem with Indigenous peoples is amplified by laws that increase the breadth of what police can do, such as using more force (Crosby, 2021). Wet’suwet’en First Nation, for example, has been bombarded by the government to build however, the Wet’suwet’en hereditary chiefs along with other Wet’suwet’en people refuse to allow a pipeline to be made on unceded land (Crosby, 2021). This lack of cooperation has led to violent arrests (Crosby, 2021). Which not only reflects a problem with police conduct, but also with Canada’s long rooted history of conflict with Indigenous groups. In other words, Indigenous peoples in Canada face the same problems that Black people face in America. 170
Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
Although the Indigenous
population faces many problems at the
hands of police, recent events that have
transpired in Canada, have suggested
that Black people and other minorities
have the same experience with police
in Canada, as well. D’Andre
Campbell, Chantel Moore, Rodney
Levi and Ejaz Ahmed Choudry were
all murdered at the hands of the police
(Khare et al., 2020). These victims
have one thing in common: they were
all visible minorities. Conducting
research on police misconduct has
been problematic in Canada, due to the
lack of cooperation of the criminal
justice system in the collection of
racial crime data (Samuels-Wortley,
Figure 10.2: Black Lives Matter Protests in 2021). Young Indigenous and Black
Regina, Saskatchewan, 6/24/2020. Photo by
individuals have more negative
Tandem X Visuals on Unsplash
experiences with, and perceptions of
the police when compared to their White counterparts (Samuels-Wortley, 2021).
Even though Canada is well known for saying ‘sorry’, the country is unapologetic
about its attitudes toward policing minority youths, which suggests the existence
that Canada has the same problems in policing as America does.
171Are We There Yet? The Golden Standards of Forensic Science Figure 10.3: Twitter post by Harris (2021). Screen-capture by Mackenzie Johnston. Are We There Yet? The Black Lives Matter Movement The disproportionate brutality against people of colour sparked the birth of the Black Lives Matter movement. After the filmed police perpetrated murder of George Floyd in the summer of 2020, America saw large scale BLM protests across the country, which subsequently spread throughout the world (Westerman et al., 2020). During the three months over which these protests took place, there were over 1,000 recorded instances of police brutality (Forensic Architecture, 2020). It is important to note however, that this information was recorded by an organization called Forensic Architecture that uses publicly sourced information, as it is difficult to find official statistics on police brutality. Publicly sourced information was used because misconduct and mistreatment by the police frequently goes unreported. This in and of itself is an issue, as with other instances of violence most people would report the situation to the police. In the case of police violence, however, it becomes difficult to report wrongdoings by police officers to the police due to the notion of police solidarity (Thomas & Tufts, 2020). Police solidarity in the case of BLM and the mistreatment of minorities is inherently tied to blue solidarity and the Blue Lives Matter movement. Blue solidarity and police solidarity relates to the idea that, when it comes to issues regarding the mistreatment of minorities at the 172
Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
hands of the police, it should not be taken seriously, nor should an official report
be filed (Thomas & Tufts, 2020). This reinforces the racialized hierarchy in the
policing system and works to minimize the experiences of racialized minorities that
have experienced police brutality. The BLM or George Floyd protests are a direct
result of the mistreatment of Black people perpetrated by the police, and instances
of police brutality that took place on the basis of race. Police brutality is not the
only way in which racialized minorities have been targeted by law enforcement;
the idea of police solidarity also lends itself to the large police presence at protests
that specifically target the issue of police violence against racialized minorities
(Thomas & Tufts, 2020). Amongst many other organizations, Amnesty
International has raised concerns about a wider pattern of police racialized
treatment including institutionalized racism and racial profiling. These forms of
systematic racism can result in different police responses to protesters, especially
regarding the use of force (Amnesty International Ltd., 2020; Thomas & Tufts,
2020).
One aspect of the BLM protests was the preparedness of the police in
response to largely peaceful protests. Another aspect of these protests was the
overall attitude of the police to the protesters as well the amount of force they were
willing to deploy. In August of 2014, BLM protesters were subjected to
disproportionate police
violence in Ferguson,
Missouri (Hooker, 2016).
Unfortunately, not much has
changed since this instance.
During BLM protests in the
summer of 2020, police
consistently arrived at the
scenes of protests wearing
riot gear while carrying ‘less
lethal weapons,’ which can
include rubber bullets or
bean bag rounds that are
designed specifically for
Figure 10.4: Black Lives Matter Protests in DC, crowd control. It is
6/1/2020. Photo by Koshu Kunii on Unsplash important to note that less
lethal does not mean non-
173Are We There Yet? The Golden Standards of Forensic Science
lethal (Mankarious & Willingham, 2020). These ‘less lethal’ weapons were not
used sparingly during BLM protests (Architecture, 2020). One of the most notable
instances of a disproportionate show of force was when tear gas was used on
peaceful protestors at a protest in Washington, DC near St. John’s church (Gjelten,
2020).
Figure 10.4 shows the difference in attire of the protesters as opposed to the
police. This difference is not abnormal or necessarily an issue. The idea that police
must prepare for violence when responding to protests that focus on racial
inequality in relation to police misconduct, however, shows that the police
misperceive Black people as a threat (Thomas & Tufts, 2020). The problem is not
that weapons such as tear gas or rubber bullets were used, but rather that there was
the lack of equivalent violence that preceded the use of these weapons.
The Capitol Insurrection
The insurrection at the United States Capitol that took place on January 6, 2021
garnered the world’s attention for many reasons. One such reason was the apparent
lack of a police response when only months earlier, images of police using extreme
force at peaceful protests had been broadcasted frequently and nation-wide. A
connection is drawn between White supremacists, White nationalists and the
insurrectionists that stormed the U.S. Capitol because many of the insurrectionists
had ties to White supremacist organizations. Confederate flags and other symbols
associated with White nationalism were also carried by the insurrectionists (Graff,
2021; Kurtz, 2018). This was not the first time that a protest lead by White
supremacists, had become violent. In August of 2017, a White nationalist rally held
in Charlottesville, Virginia called Unite the Right, resulted in the death of a counter
protester after a member of the Unite the Right rally drove a vehicle into a crowd
of counter protestors (Kurtz, 2018). In the lead up to this rally, police minimized
the threat that the rally posed whilst simultaneously increasing their surveillance of
potential counter protestors (Castle, 2020). Surveillance on the Unite the Right
protestors was not increased, illustrating that the police do not see a threat in violent
White protesters yet do see a threat in Black protesters
The Capitol police are one of the largest and most-funded police
departments in America (Graff, 2021). These police, however, were still
unprepared for the insurrection, and were outnumbered. It was also largely
documented that the goal of insurrectionists upon their arrival at the Capitol was to
174Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
stop the certification of the federal election results, as the results were not in favour
of their candidate, former President Donald Trump (Tan et al., 2021). With the
results of the election having been contested for months, tensions were high, and it
was common knowledge that the certification process would be on January sixth
— as such, it could be argued that the risk of the insurrection occurring was high
(Kelly et al., 2021). Unfortunately, the reason for the lack of an appropriate
response by the police is unknown. It could be that, similarly to the Unite the Right
Rally, the threat that the insurrectionists posed was downplayed to the point where
law enforcement was caught unprepared. Not only were the police outnumbered,
but there was also a hesitancy to use lethal force against insurrectionists, a hesitancy
which had not been afforded to BLM protestors (Kelly et al., 2021). The difference
in police treatment is something that has been seen time and time again since the
Emancipation Proclamation. Police would attempt to goad African Americans into
making mistakes so that they could justify the overwhelming force they used
(Castle, 2020). It should also be noted that in the past, some police were members
of White supremist groups such as the Ku Klux Klan (KKK) (Castle, 2020). As
mentioned previously, members of various police forces were involved in the
insurrection with two off duty officers being criminally charged for their role as
insurrectionists (Diaz, 2021; United States Attorney's Office for the District of
Colombia, 2021). This is not to say that police organization as a whole are still part
of White supremacist organizations, but rather it illustrates a larger systemic issue
regarding the police response and use of force that has not been addressed. The
hesitancy to use lethal force in the early stages of the insurrection may have been
due to the fact that the police were largely overrun. This hesitancy to use lethal
force, however, shows a lack of standardization regarding how police departments
respond to protests. It is not the fact that there was a hesitancy to use lethal force
on insurrectionists that is questionable, rather, it is the fact that the same hesitancy
was not afforded to BLM protesters where, for a large part, those protests were
much more peaceful.
What Has Changed
The murder of George Floyd can be seen as a catalyst moment for many people.
The countless number of protests that occurred after Floyd’s death also aimed to
affect policy changes. The George Floyd Justice in Policing Act of 2020, for
example, is a Bill that has been passed by the United States House of
175Are We There Yet? The Golden Standards of Forensic Science
Representatives, and at time of writing, read on the Senate floor (George Floyd
Justice in Policing Act of 2020, 2020). One of the many issues that was raised by
the BLM movement was the lack of accountability for officers who have been
caught participating in acts of police brutality or murder. Floyd’s act aims to both
hold police accountable in the judicial system, as well as to reform police training
and policies (George Floyd Justice in Policing Act of 2020, 2020). Some of these
reforms include training on racial bias, as well as addressing racial profiling. As it
stands, however, racial bias training is only mandated for federal employees
(George Floyd Justice in Policing Act of 2020, 2020).
There are also ongoing investigations into what went wrong in the policing
of the Capitol insurrection. Members of the Capitol Police have already resigned in
the aftermath of the Capitol insurrection, including the Chief of the Capitol Police
(Grisales et al., 2021). The Capitol insurrection is unlike anything that has
happened in the past, and therefore, the results of these investigations are
unpredictable as a precedent has yet to be set. The investigations into the
insurrection may yield more insight into the failures of the police during the Capitol
insurrection, which may therefore result in policy changes, including standardized
protocols for protests such that an overt difference in policing protests no longer
occurs.
It is important to note that the difference in the policing of BLM protests
and the Capitol insurrection is not an isolated event, but a structural and protocol
issue regarding what police can and cannot do in different situations. As current
Vice President Kamala Harris said, there are ‘two systems of justice’ (Harris,
2021). ‘Two systems of justice’ refers to: one) the treatment that those protesting
racial inequality face by the police and, two) the treatment by police of those who
were involved in the Capitol insurrection (Harris, 2021). The justice system starts
with the police, therefore, in order for there to be one unified system of justice for
all Americans, change must occur. The lack of a uniform judicial system is an
ongoing issue that has many potential solutions that must be explored. One solution
may include increased accountability for police officers. As of right now, it is not
federally required that police wear a body camera (Mankarious & Willingham,
2020). However, it may be a crucial step towards police accountability.
176Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
Utilization of Body-Worn Cameras by Legal Officers
Sir Robert Peel is regarded as the father of present-day policing. He developed the
nine principles linked with law enforcement that constitute the foundation upon
which police officers practice law enforcement. The second principle states that
‘[t]he ability of the police to perform their duties is dependent upon public approval
of police existence; actions, behavior and the ability of the police to secure and
maintain public respect’ (Jones, 2004). This principle is significant as it defines the
relationship between the police and the public when curbing and fighting crime.
Contrary to this principle, there are certain circumstances in which police officers
wrongfully abuse their authority to create societal disruptions. Civil disturbances
in the United States have been witnessed due to several instances of police brutality
and lethal force. This, in turn, elucidates problems in maintaining a positive public
perception of the legitimacy of law enforcement officers (Braga et al., 2017). To
lessen and prevent any such abuse of power, the use of body-worn cameras, or
‘body cams,’ has been suggested by civil rights activists and community leaders
with the objective of increasing accountability among abusive officers (Braga et
al., 2017).
Suppose the residual effects of past events such as the shooting of Tamir
Rice, Trayvon Martin, or even Breonna Taylor are to influence scholars and leaders
in the police department. In that case, body cam footage may potentially be utilized
to defend civilians against authority figures who act unjustly. The main topics
discussed in the following sections will explore the impact of body cams and
whether their utilization can alter the behavior of law enforcement officers.
Additionally, these sections will address what demographic is typically targeted
when the body cams are ‘accidentally’ turned off. The central focus of this
exploration is to evaluate whether body cams will solve confrontations that occur
between the public and police when they are in the line of duty.
Benefits of Body-Worn Cameras
Body cams provide a wide range of benefits that have been proven to help a variety
of sectors. Body cams result in higher individual compliance rates to law
enforcement officer commands (White, 2014). These benefits can be used to
advocate for the advancement of body camera technologies to improve engagement
without favoritism from either side (Ariel, 2016; Chapman, 2018). Where there is
177Are We There Yet? The Golden Standards of Forensic Science
increased civility, fewer complaints are lodged against the police officers. These
ideas are undeniably founded on the public and police's well-known ideology of
‘us’ vs. ‘them.’ The grid group culture theory pits one faction against the other,
creating an atmosphere of mistrust between the two parties (Maleki & Hendriks,
2014). According to a study done by the Rialto Police Department of California,
body-worn cameras are hypothesized to reduce police and public use of force. Their
study also hypothesized that there would be reduced ‘complaints filed against the
police if members of the public knew the police were using body-worn cameras’
(Paulsen, 2016).
A cost-benefit analysis conducted by Braga et al. (2017) showed
that wearing body cams could save the police department a substantial amount of
money. Money is saved as there can be fewer complaints against officers and a
shorter time frame required to resolve complaints against police officers. Braga’s
results indicated that body-worn cameras can be productive without increasing
policing costs; the percentage of treatment officers who experienced at least one
complaint decreased by 16.5% between the pre-intervention and intervention
periods, from 54.6% to 38.1%. In contrast, the percent of control officers who
produced at least one complaint fell by only 2.5%, from 48 to 45.5%. Over the pre-
intervention and intervention periods, the absolute differences in the share of
officers with at least one complaint between the treatment and control groups
constituted a 14% drop-in support of the treatment group (Braga et al., 2017). The
percentage distinction over time reflected a substantial 25% reduction in the
percentage of treatment officers who produced at least one complaint compared to
control officers.
Significant decreases in the probability that a treatment officer produced at
least one use of force report during the intervention period were also observed. The
percentage of treatment officers who produced at least one use of force report
declined by 11.5% between the pre-intervention and intervention periods, from
31.2% to 19.7%. In addition, the proportion of control officers who produced at
least one use of force report rose by 1.0 percentage point, from 26.3% to 27.3%
(Braga et al., 2017).
The variations in the share of officers with at least one use of force report
between the treatment and control groups constituted a 12.5% reduction in favor of
the treatment group. The proportional difference between the two groups over time
reflected a more significant 40.7% reduction in the percentage of treatment officers
178Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
who produced at least one use of force report compared to control officers (Braga
et al., 2017).
For Rialto Police Department to justify whether there was a reduction of
lethal force by police and citizens, researchers distributed body cams when officers
were on duty. The results showed a reduction in public concerns against officers
using body cameras, as well as a reduction in police use-of-force accidents (Ariel
et al., 2014, p.7). Three years of research was conducted, and the resulting data was
compared to data collected before body cams were used by the Rialto Police
Department. During the study, 25 force incidents were filled, and 17 of the
incidents were filed when the police officers in Rialto were not wearing body cams
(Paulsen, 2016). In the first year of the study, only three complaints were filed when
the police began using body cams, compared to over 24 complaints in the previous
year. The researcher concluded that body cams reduced incidents of force and
complaints (Stanley, 2015; WCCTV, 2020).
The next benefit of body cams is that they provide the ‘opportunity for
police training’ (White, 2014). The use of body-worn cameras often provides future
advantages for advancing police training. Trainers and administrators can use the
body camera footage to train and inform recruits on how they should behave in
specific situations. The footage will operate as cautionary tales, thus improving the
level of discipline in the force (Koen, 2016). Video documentation also provides
tools for police departments to implement new techniques to assess how officers
execute their mission consistently across their assigned programs (Koen, 2016).
Another benefit is that body-worn cameras will increase transparency and
accountability, thereby boosting law enforcement's currently deficient credibility
(Coudert et al., 2015). The presence of body cam footage brings the police officer’s
credibility into question when questionable acts are performed and, most
importantly, if the camera is turned off (Paulsen, 2016). This loss of faith in the
police is compounded by concerns regarding interactions between police and
community residents, which frequently involve the use of fatal or less-lethal force
(Chapman, 2018). Video recordings obtained during these officer-community
encounters can provide more enhanced evidence to validate the incidents' existence
and reinforce accounts conveyed by officers and community members (Chapman,
2018). Not only does it benefit law enforcement, but it helps citizens by decreasing
the number of incidents in which force needs to be used.
Body cams footage can be beneficial in the investigations of cases in which
there are contradictory accounts of police-civilian encounters that are often deemed
179Are We There Yet? The Golden Standards of Forensic Science
‘unsustainable’ and are ultimately closed due to lack of video evidence or
independent or corroborating witnesses (Chapman, 2018). The utilization of body
cams would facilitate resolutions between police authorities and civilians while
increasing the accuracy of judicial affairs. Through this procurement of evidence
during the situation, the involved party may be proven innocent or incriminated
based on the acquired information. This will better monitor the frequency and
involvement of multiple incidents and decrease the time taken to complete cases
and corroborate information presented by the prosecution (Braga et al., 2017).
Considerations with Body Cams
The body cams encourage officers to adhere to departmental police protocols that
deter officers from indulging in unprofessional and/or biased misconduct (Yokum
et al., 2019). Unprofessional behaviour can include the unjustified lethal force that
results in costly trials. Additionally, civilians that interact with officers wearing
body cams are less likely to indulge in combative behaviour. The social mechanism
‘linking body-worn cameras and behaviour could include greater self-awareness,
heightened threat of being caught or a combination of the two’ (Yokum et al.,
2019). Body-worn cameras can thus calm officers and civilians and subsequently
reduce the occurrence of violence (Yokum et al., 2019). Issues of body cams
discourage citizens from providing relevant information because it could
jeopardize their lives through facial recognition software or camera footage leaks
(Brittanica, 2020).
As a positive result, body cams could bring to light any evidence of
domestic violence, which is rampant in various states (Paulsen, 2016). When an
officer arrives at a domestic violence scene, they record the immediate outcome of
the crime. This, however, does not guarantee nor does it prove the victim's
innocence. The body cams could also record the aftermath of the incident and the
statements provided by witnesses, the victims, and the parties involved in the
incident(s). Body cams can also bring forward problems where body cameras
capture both visual and audio occurrences regarding privacy. The ability to capture
those graphical images within an individual's home is intrinsically more invasive
than other police investigation methods. Nor does it guarantee if the person's
privacy rights will be secured and if they will have a chance to decide if their video
is shareable to the public (The Constitution Project Committee on Policing
Reforms, 2020).
180Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
Body Camera Misuse Toward a Select Demographic
Even though body cams are viewed as a strategy to improve police officers' practice
and address the challenges they face when they are in the line of duty, the cameras
can be fortuitously turned off. In a 2019 example from San Francisco, police
officers “were instructed not to use their body-worn cameras during their illegal
raid of the journalist Bryan Carmody's home” (Cassidy, 2020). The significance
of this information is the knowledge that officers were instructed to turn off their
cameras for an illegal act, indicating an awareness of the criminal nature of their
actions. Based on statistical evidence, body cams are claimed to be accidentally
turned off when the police officer contemplates using force when dealing with a
specific demographic (Coudert et al., 2015). An instance where the body cam was
used to its full potential was the case of George Floyd. Officers Thomas Lane and
J. Kueng's body cam videos are part of the court evidence against them and two
other officers in Floyd's death on May 25, 2020. Officer Derek Chauvin is charged
with second-degree murder among other charges, for holding his knee to Floyd's
neck for over nine minutes. Lane, Kueng, and Tou Thao have also been charged
with aiding and abetting second-degree murder and manslaughter (Glass, 2020).
The world would never have heard about the injustices done against George Floyd
if it had not been for the release of the body cam footage alongside the witness
captured videos. In some instances where officers could intend to retaliate, officers
may ‘turn off’ their cameras so that they may control the situation through their
own means (CDS Office Technologies, 2020). If the body cams are fortuitously
turned off, subsequent death and injury complaints are often filed against the
officer. Conversely, the Rialto (California) police department noted that citizen
complaints lodged on officers wearing body-worn cameras decreased significantly.
Officers with body-worn cameras were relatively more productive, and fewer
complaints were filed against them than those without body-worn cameras
(Chapman, 2018).
The reason behind switching off body cams is to conceal evidence that
lethal force was used during the patrol or when an officer interacted with citizens.
Moreover, body cams are seen to be turned off more often with people of color
compared to other populations (Elfrink, 2020). People of color are often wrongly
stigmatized by police officers as being dangerous and armed (Carbado & Rock,
2016). Statistical information also demonstrates that African Americans are
imprisoned at more than five times the rate of White people in state prisons around
181Are We There Yet? The Golden Standards of Forensic Science
the country (Nellis & Rovner, 2019). Body cam footage is often used as evidence
to prosecute African Americans. In the event law enforcement officers use force
when dealing with African Americans, body cams are fortuitously turned off in
most cases. (Carbado & Rock, 2016).
Conclusions Regarding Body-Worn Cameras
It is evident that many criminal matters would not have been exposed if body cams
did not exist. The incidents would have been swept under the rug and buried, with
no justice served. Therefore, body cams are essential in policing departments
because they allow police and citizens to feel safer in their interactions with each
other (Chapman, 2018). Body cams also bring unity between police officers and
citizens thanks to increased civility. However, for body cams to be considered a
‘gold standard’ of policing there are still policies that must be applied to ensure
that body cams are used ethically.
The forensic significance of body cams is to identify corroborating evidence
of a deadly force that will improve accountability. Citizens' complaints will
therefore be, reduced since cases of police brutality will decrease significantly
(Getac, 2018). The footage is also used to prosecute individuals who threaten
officer's lives (Bellin, 2019).
To ensure that instances of the body cams ‘accidentally’ turning off is
reduced, regular maintenance of the cameras should be done. The maintenance of
the body cams will ensure that ‘malfunction’ is detected earlier, so the cameras will
not accidentally turn off (Lippert & Newell, 2016). To combat unjust acts of body
cam ‘malfunctions,’ it is best to introduce punishments/ termination depending on
the severity of the case to regulate the use of body cams.
The other way to reduce cases of cameras randomly turning off is by
introducing a harsher penalty for the officers who are negligent of maintaining their
equipment. The criminal matters that body-worn cameras have exposed show that
African Americans are often innocent victims of police brutality (Elfrink, 2020).
Regarding race, it is vital to note that these issues are not new. Matters concerning
race have been a longstanding point of contention in many parts of the world,
including America.
182Gold, or Fool’s Gold? Policing in America & the Potential of Body Cameras
Final Remarks
There have been multiple protests around the issue of racism. Movements such as
Black Lives Matter (BLM) have taken the world by storm. Citizens are enraged
because police continue to kill African Americans, and their deaths do not receive
justice. What stands out is that police are often highly equipped for riots when there
are civil movements that seek to find justice for the oppressed. People involved in
the BLM protests were met with tear gas, shields, and tasers (Sainato, 2020).
However, the police did not have the same reaction during the Capitol insurrection
as the police department were hesitant to use lethal force. At the outset, they were
largely unequipped to handle the situation (Kelly et al., 2021; Thomas & Tufts,
2020). Indicating that police continue to downplay the threat White protests can
pose.
America has had a history of racism that was the basis against which Trump
won his election. Before the end of his term, he suggested that the death sentence
be revived to counter the civil movement (Honderich, 2021). However, during the
Capitol insurrections, Trump praised the riots on his Twitter page. America is not
the only country that is guilty of systemic racism. Canada faces similar issues as
America does with African Americans, but with Indigenous peoples. In Canada,
the conflict that stems from systemic racism is largely directed at Indigenous
communities. The lack of education in the Canadian curriculum regarding the
history of Indigenous peoples and colonization is a factor that contributes to the
issue (Crosby, 2021; Gibson & Case, 2019), and consequently, Canada’s
treatement of Indigenous peoples is exacerbated by laws that expand the scope of
what police can do (Crosby, 2021). These issues continue in the present day.
Solutions such as the George Floyd Justice in Policing Act of 2020 were
introduced in America to hold police accountable (George Floyd Justice in Policing
Act of 2020, 2020). Other measures that have been introduced are such as the use
of body cams that collect primary data on crime scenes. Body cams have been
helpful in police and criminal compliance to law enforcement rules. Consequently,
law enforcement has received more credibility due to the increased transparency in
police departments. Despite the positive aspects of body cams, there are a few
issues that still need addressing. One of which includes a need for the
implementation of a system wherein turning off body cams is met with severe
criminal punishment for the exclusion of relevant evidence. Officers who step
183Are We There Yet? The Golden Standards of Forensic Science
outside their jurisdiction and started to fulfill roles outside their reach must also be
investigated and held accountable for real change to occur.
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