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SENATE BILL 260
A TIMELY AND VALUABLE BILL, WITH ONE BIG FLAW
We, like the authors of SB 260, have seen the stories in the media about police officers killing someone whom they stop or try to arrest. We know these situations are often complex, unclear and fast-moving, and we do not pre-judge whether the use of deadly force in any given case was justified or not. We were not there. But we can review bills like this and, in a spirit of supportive assistance, say we think the bill is a timely and valuable one, but still has one big flaw.
SB 260 sets out a detailed and well-thought out structure for handling investigations into the use of deadly force by law enforcement officers. The structure it creates is precise, clear and, we think, wise. However, the bill gives the job of conducting the investigation under its precise, clear and otherwise wise terms to the local District Attorney. We do not think this wise at all.
It is true that D.A.s will, at times, tell police officers that they erred. District Attorneys must be able to convince a judge and jury that a crime was committed, that the defendant did it, that the defendant was lawfully apprehended, and that the evidence against him was lawfully obtained. Sometimes one or more of these conditions is not met, and the D.A. has to tell the police to go back and try again - or drop the case. Nonetheless, the D.A. is a person who, by office, ideology and physical proximity, usually is very close to law enforcement. There is - and should be - a close working relationship between the D.A.’s office and sheriff, county and police officers. But when the problem is that a law enforcement officer may himself have committed a mistake or crime - a deadly mistake or crime - it should not be the local D.A. who looks into it. Even he is human, too, and subject to the pressure of local ties, local friendships and long-standing relations. This bill asks too much of our D.A.s. It asks them to stop being coach to one side and become, for one crucial play, an impartial umpire. For all the good provisions in this bill, that won’t work. Deadly force investigations will, under SB 260, remain political footballs, with cries of foul from all sides This bill won’t get us past the goal posts, despite its good intentions and good drafting.
Why can’t we give it to the Attorney General’s office to investigate these cases? If we truly want fairness and independence of judgment - and all the rest of this bill evidences that goal - then giving the investigation to an office and a person who, by his place in the structure of things can be fair and independent, would make sense.
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