These types of pattern-and-practice investigations often lead to court-approved agreements between federal prosecutors and local governments, meant to guide the city’s police force through a thorough reform process. This would most likely be through a compromise agreement, known as a consent decree, guaranteeing action to end illegal practices within the department.
Under President Donald Trump, the Justice Department stopped using consent to implement reforms in police departments, but last week, Garland reinstated them.
Dennis Kenney, a professor of criminal justice and former police officer at John Jay College, said that as the Justice Department reviews the policing of Minneapolis, it will likely seek reform in two directions: prohibiting the acceptable use of force, and misdemeanors. Accountability for police officers accused of work is increasing.
While the Obama administration stepped in to use consent against the city’s police departments, Kenney described the investigation into the Minneapolis department – and, presumably, others in the future – as an opportunity to redo policing to a new level in the form of.
“They need to establish with the community what the rules of police-citizen engagement are going to be, when can the police negotiate, what are the expectations on them and the city,” he said. “That there is a need to decide collaboratively, and very few places have done so.”
