A Critique of the "White Plains Police Department's 2012 Report" Presented to Damon Jones, Black Law Enforce in America,

BLEA; Submitted by Jimmy Bell, Department of Criminal Justice and Sociology, Jackson State University, 11-05-2012.

RE-EXAMING THE WHITE PLAINS POLICE DEPARTMENT 2012 REPORT: DECONSTRUCTING THE BLUE CODE

OVERVIEW: The primary focus of this treatise is to realistically re-examine the "White Plains Police Department's 2012 Report" in the context of the following critical domains; federal edict, department mission statement, training and procedures, and police officer behavior:

A) Historical Accuracy B) Academic Integrity C) Professional Ethics

1) White Plains Police Department Consent Decree of 1981. The Consent Decree of 1981 in White Plains, New York is indicative of problems, i.e., police brutality, excessive use of force, and varieties of police misconduct facing not only White Plains but many municipalities across the country. Apparently, such aberrant police behavior is more closely associated with police/departmental culture than the most ardent and proficient police training. The research literature is clear that police occupational culture takes precedence over police training regarding police practices and behavior. Additionally, law enforcement in America has a tradition and legacy of police violence. Indeed, if one were to consider only a cursory review of police misconduct/corruption in America over the past 100 years one could easily find compelling evidence of its existence:

A Critique of the "White Plains Police Department's 2012 Report" Presented to Damon Jones, Black Law Enforce in America, BLEA; Submitted by Jimmy Bell, Department of Criminal Justice and Sociology, Jackson State University, 11-05-2012.

*Lexow Commission (1894), focused on pervasive police corruption in the NYPD. *Wickerersham Commission (1932), focused on widespread nationwide use of police brutality. * Knapp Commission (1972), focused on widespread police corruption in the NYPD. * Christopher Commission (1998) focused on LAPD police culture that tolerated police brutality, planting evidence and perjury. * Mollen Commission (1994) focused on nationwide police culture associated with the drug market and the strong police subculture encouraging police officers not to rat on one another, i.e., the code of silence.

2) The White Plains Police Department Mission Statement The mission statement of the White Plains Police Department of Public Safety states that its mission is "to provide unbiased comprehensive protection and services to the residents and visitors of the City of White Plains. The public's safety and the enrichment of quality of life are paramount, and will be provided by the police and Fire Bureaus with professionalism, integrity and respect". Inarguably, there are sometimes differences between a police department's stated words (mission) and police officers actions (behavior). It should be apparently clear, even to the uninitiated, that the emergency/police tapes detailing the audio communications between the police and the resident are transparent and distinct. In essence, the tapes clearly revealed that the White Plains police acted with reckless abandonment and demonstrated a chilling disregard for the quality and sanctity of the life of Mr. Kenneth Chamberlain. Indeed, and at best, the White Plains Police Department violated both their mission statement and their sacred oath of office by facilitating the death of Mr. Chamberlain. 3) The White Plains Police Department's Emotionally Disturbed Policy The noticeably absence of a clear cut and concise policy on engaging "Emotionally Disturbed Persons" in the "Standard Operating Procedures" manual within the White Plains Police Department is quite instructive. Perhaps this explains the obfuscated findings and/or renderings by the Mayor's contracted expert review panel. However, what is crystal clear regarding police training engaging mentally ill individuals, within the White Plains police department, is that the policy is woefully inadequate or virtually

A Critique of the "White Plains Police Department's 2012 Report" Presented to Damon Jones, Black Law Enforce in America, BLEA; Submitted by Jimmy Bell, Department of Criminal Justice and Sociology, Jackson State University, 11-05-2012.

nonexistent. Indeed, this observation is supported by a document, not from the White Plains Police Department, rather a policy purported to be located in a Westchester County Department of Community Health document that encourages collaboration. Such a proposed collaborative mission is "to proactively engage persons in need of services". The document further explains the purpose of collaborative training; "to deal with emotionally disturbed person [s] in need at the lowest level which is safest for the police officer and the individual, yet most appropriate based on the circumstances. Preventing escalation of incidents with persons in need is fundamental to the Outreach Team approach, thus lessening the possibility of injury to [both] police personnel and the individual in need". Therefore, one could certainly surmise that such a policy, real or imagined (do no harm) was not adhered to by the White Plains Police Officers in the shooting death of Mr. Kenneth Chamberlain. Notwithstanding, it is most striking to note that the White Plains Police Department's "Mentally and Emotionally Disturbed Persons (PR-87) " operational policy is not verbally identified nor stated in the text of the analytical report conducted by this panel of law enforcement professionals and academicians. Could it be an oversight? 4) Use of Force: The Handling of the Kenneth Chamberlain Shooting Death Excessive force claims in the context of an investigative stop, arrest, or other "seizure" of a free individual are analyzed under the Fourth Amendment's objective reasonable standards. The totality of the circumstances factored by federal courts in their consideration of the use of force include the following: 1) The severity of the crime at issue; 2) Whether the subject poses an immediate threat to the safety of the officers or to others; 3) Whether the subject is actively resisting or attempting to evade arrest; and 4) Whether law enforcement could have used other methods to accomplish its purpose.

A Critique of the "White Plains Police Department's 2012 Report" Presented to Damon Jones, Black Law Enforce in America, BLEA; Submitted by Jimmy Bell, Department of Criminal Justice and Sociology, Jackson State University, 11-05-2012.

To this end, the responses to the following questions should be critically analyzed and interpreted: 1) Do the White Plains Police Department's (WPPD) engagement policies take into consideration the effect a person's mental and emotional illness may have on their ability to understand commands or the consequences of their actions? 2) Do WPPD's engagement policies specify how to de-escalate situation involving individuals in mental health crisis? 3) Is there a reasonable cause to believe that White Plains police officers are engaged in a pattern or practice of conduct that deprives persons, mentally ill or otherwise, of rights, privileges, or immunities secured or protected by the constitution or federal law? 4) Is there a reasonable cause to believe that White Plains police officers employ practices that escalate the use of force where there were clear earlier junctures when the use of force could have been avoided or greatly minimized? 5) Are there systemic deficiencies within the WPPD in responding to individuals with mental illness or in mental health crisis? 6) Are there systemic deficiencies within the WPPD resulting in patterns and practices with regards to policy, training and supervision in responding to individuals with mental illness or in mental health crisis? 7) Is there sufficient protocol in place within the WPPD to ensure that police officers are well suited to effectively deal with people with mental illness? 8) Is a 40 hour crisis intervention training curriculum sufficient to make a specialized crisis intervention officer an expert in handling mental illness calls? 9) Are there insufficient training, supports, and tools within the WPPD to identify and engage persons with mental illness and police call for services tracking system? 10) Is there a protocol within the WPPD for selecting police officers as first responders for Crisis Intervention Curriculum Training pursuant to engaging Emotionally Disturbed Persons?

A Critique of the "White Plains Police Department's 2012 Report" Presented to Damon Jones, Black Law Enforce in America, BLEA; Submitted by Jimmy Bell, Department of Criminal Justice and Sociology, Jackson State University, 11-05-2012.