‘Duty to intervene’ policies emerge in North Carolina. Does your city have one?
The death of 46-year-old George Floyd stirred protests across the U.S. and a push for changes in how state and local police departments use force.
At the top of the list? A “duty to intervene” policy that some argue might have saved Floyd’s life.
Floyd died on May 25 after now-fired Minneapolis police officer Derek Chauvin pressed a knee into Floyd’s neck for 8 minutes and 46 seconds, as three other officers didn’t intervene.
Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter. Officers J. Alexander Kueng, Thomas Lane and Tou Thao were also fired and arrested, charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.
“Duty to intervene” policies require an officer to step in when their colleagues use-of-force exceeds what is reasonable or appropriate, McClatchy News previously reported.
Individual police departments may word the policy differently, and many have revamped the wording since Floyd’s death.
North Carolina Gov. Roy Cooper signed an executive order earlier this month creating the the North Carolina Task Force on Racial Equity and Criminal Justice, which help law enforcement agencies develop new policies and strategies — including a “clear” duty to intervene policy, The Raleigh News & Observer reported.
“That means if they see a fellow officer doing wrong, they must step in,” Cooper said.
In North Carolina, at least nine cities either already instituted or have since created a “duty to intervene” policy.
Asheville
Christina Hallingse, spokesperson for the Asheville Police Department, clarified its policies with AVLToday in an article published Thursday. According to Hallingse, all Asheville police officers are mandated to attend a de-escalation course called “Ethical Policing is Courageous,” or EPIC.
“It’s a program that empowers officers — no matter what their rank — to step in and intervene when something is wrong,” she told the media outlet. “APD has modified it’s policies to reflect this training and duty to intervene as well.”
Boone
Boone Police Department issued a community policing statement Thursday that answers questions citizens posed in the wake of Floyd’s death, Watauga Online reported.
As part of that statement, Interim Chief Andy Le Beau addressed the #8CantWait movement — a series of initiatives launched as part of Black Lives Matter in 2015 in response to the shooting death of 18-year-old Michael Brown by a police officer in Ferguson, Missouri, McClatchy News previously reported.
Organizers have said the eight proposed policies could reduce police use of force by 72 percent, according to McClatchy.
“Because of the 8cantwait suggestions, we have strengthened the language regarding the duty to intervene and emphasized further the mandate that de-escalation techniques be employed whenever possible,” he said.
Charlotte
Charlotte-Mecklenburg Police Department Police Chief Kerr Putney announced June 3 the department would update its policy to include a “duty to intervene,” the Charlotte Observer reported.
CMPD did not previously have “an explicit policy that would require officers to intervene when the leading officer is ineffective at de-escalating a situation or is using excessive force,” according to the Observer.
“We will have something people can see as duty to intervene, but also specifically how we will treat (that policy),” Putney said. “This has been something we’ve been trying to codify.”
Durham
A pamphlet clarifying Durham Police Department’s use of force policies lists a duty to intervene among them.
“Durham Police Department policy requires officers to intervene to prevent or stop excessive force if witnessed,” the policy states. “Any officer who witnesses excessive force must promptly report the conduct through their chain of command. City policy protects an employee from retribution for reporting acts of misconduct.”
Durham Mayor Steve Schewel has joined other mayors this month in signing a pledge from former President Barack Obama to reform use-of-force policies, The N&O reported.
Police Chief C.J. Davis also told the newspaper last week that the department “already includes most of the 8 Can’t Wait strategies and will clarify those policies in the department’s training that are not explicitly written.”
Fayetteville
The Fayetteville Police Department adopted a duty to intervene policy earlier this month, the Fayetteville Observer reported Friday.
Chief Gina Hawkins said officers will also undergo new racial sensitivity training in July, according to the newspaper. Fayetteville is where George Floyd was born.
“I believe leadership citywide needs to take (the training), as well,” she said. “Communities need to take it to get understanding and awareness. My department needs it.”
Greensboro
Greensboro Police Chief Brian James announced June 8 the city would be implementing policy changes in the wake of Floyd’s death — including a duty to intervene, WFMY reported.
“GPD officers will now be required to intervene in any situation where they witness officers using excessive force,” according to the TV station. “Chief James said they would be compelled to step in ‘verbally or physically’ to prevent abuses from happening.”
Morrisville
The Morrisville Police Department posted on Facebook June 12 about changes to the city’s use of force policies.
In a news release, Police Chief Patrice Andrews said a duty to intervene “was clearly understood by our officers and embedded within some of our current policies.” Still, she said the department underscored it with a new policy under General Order 1.02, which includes a secondary “duty to report” section.
Raleigh
Police Chief Cassandra Deck-Brown has faced criticism from protesters in recent weeks over her department’s handling of demonstrations, The N&O reported. She and the city manager have since asked for an independent review of their actions.
Deck-Brown also told the Raleigh City Council that the department’s use of force policy already includes five of the 8 Can’t Wait strategies — “including requirements that officers report when they use force and intervene if they see another officer using deadly force,” according to the N&O.
Wilmington
Wilmington Police Department spokesperson Linda Thompson told WECT the department is in the process of updating its use of force policies and will be adding a specific duty to intervene.
“But there are policies in place that require officers to report criminal behavior and render aid to members of the community,” according to the TV station.
Several other police departments and sheriff’s offices in New Hanover, Pender, Brunswick, and Columbus counties have also implemented a policy or are working to add one, WECT reported.
They include Carolina Beach Police Department, Wrightsville Beach Police Department, Burgaw Police Department, Brunswick County Sheriff’s Office, Leland Police Department, Ocean Isle Beach Police Department and the Sunset Beach Police Department.
This story was originally published June 19, 2020 at 7:13 PM with the headline "‘Duty to intervene’ policies emerge in North Carolina. Does your city have one?."
