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Re-Envisioning Response to Demonstration

The expert testimony, research, scholarship, and lived experience collected by the Commission revealed the following:

  • On September 3, 2015, the United States Department of Justice (DOJ) released a thorough “After-Action Assessment of the Police Response,” detailing the 17 days following the shooting of Michael Brown (DOJ, 2015). In this investigation, four police departments (Ferguson, St. Louis County, St. Louis City, and the Missouri State Highway Patrol) voluntarily submitted to in-depth interviews, document and data-log reviews, and physical visits, which were coupled with interviews with community members in Ferguson (DOJ, 2015). The assessment team arrived at a consensus identifying 48 findings and 113 “lessons learned” under 6 major themes:inconsistent leadership, failure to understand endemic problems in the community, a reactive rather than proactive strategy, inadequate communication and information sharing, use of ineffective and inappropriate strategies and tactics, and lack of law enforcement response continuity (DOJ, 2015).
  • According to the DOJ report, in the first 17 days alone, “more than 50 law enforcement agencies were involved in the police response in Ferguson” (DOJ, 2015). This decentralized system of agencies with different use-of-force policies, protocols for crowd control, training standards, and department cultures led to lapses in and uncertainty regarding the command structure within law enforcement and with demonstrators (Lithwick, 2014; Nolen, 2014; DOJ 2015).
  • The DOJ report identified several inconsistencies across law enforcement’s response to the Ferguson protests, including questionable use of tear gas, militarized weapons, and canine units. The report noted that, in light of the use of canines for crowd control during the 1960s civil rights movement, deployment of canine units in Ferguson undermined community trust (DOJ, 2015).
  • The International Association of Chiefs of Police (IACP) offers several suggestions for creating a robust communication structure. Though there were improvements when protest groups met with police at several points to create “rules of engagement” at demonstrations, without the formal institutionalization of this system there continued to be consistent breakdowns (Lowry, 2014). The IACP model policy for Crowd Management and Control also institutes an incident command system specific to mass demonstration when multiple law enforcement agencies are involved, as well as use-of-force guidelines (IACP, 2014).

These findings prompted the Commission to draft calls to action for changes to law enforcement response to demonstration with the hope that these calls will help eliminate miscommunication and unsafe demonstration environments.

To that end, the Commission issues the calls to action below.

Take Action

Understand political demonstrations

Enter the debate. If you chose to participate in a political action, know your rights and be aware of the advised protocol as communicated by designated organizers (if applicable).

Tags Re-Envisioning Law Enforcement Response to Demonstration
Take Action 

Know your new rights

Know the new rights secured by recent legislation to municipal courts and government, namely 2015 Missouri Senate Bill 5, which is now law.

Tags Justice for AllIncreasing Awareness of Rights and Procedures
Take Action 

Suggested Reading List

Department of Justice. (2015). After-action assessment of the police response to the August 2014 demonstrations in Ferguson, Missouri. United States Department of Justice. Retrieved from http://ric-zai-inc.com/Publications/cops-p317-pub.pdf

International Association of Chief’s of Police (IACP). (2014). Crowd management and control. Retrieved fromhttp://www.theiacp.org/Portals/0/documents/pdfs/MembersOnly/CrowdsPolicy.pdf

Citations

  1. Department of Justice (DOJ). (2015). After-action assessment of the police response to the August 2014 demonstrations in Ferguson, Missouri. United States Department of Justice. Retrieved from http://ric-zai-inc.com/Publications/cops-p317-pub.pdf
  2. Nolen, C. (2014). TV crews hit by bean bags, tear gas. KSDK. Retrieved from http://www.ksdk.com/story/news/local/2014/08/14/crews-hit-with-bean-bags-tear-gas/14042747/
  3. Police Executive Research Forum (PERF). (2015). Overcoming the challenges and creating a regional approach to policing in St. Louis City and County. Retrieved from http://www.bettertogetherstl.com/police-study
  4. Lithwick, D., & Roithmayr, D. (2014). Ferguson’s constitutional crisis. Slate. Retrieved fromhttp://www.slate.com/articles/news_and_politics/jurisprudence/2014/08/ferguson_s_constitutional_crisis_first_amendment_violations_are_only_part.html
  5. Lowry, W. &Kindy, K. (2014). Police, protesters argue over ‘rules of engagement’ ahead of Ferguson decision. The Washington Post. Retrieved fromhttp://www.washingtonpost.com/politics/police-in-st-louis-agree-to-rules-of-engagement-for-protests-after-grand-jury-decision/2014/11/18/75107438-6f5a-11e4-893f-86bd390a3340_story.html