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Recording the police can do a lot, as this book explores. But no technological magic bullet can solve a fundamental challenge of policing—pushing some of our most severe addiction, mental health, poverty and other challenges into the criminal justice system and onto the workloads of police officers. Officers are expected to be social workers, mental health professionals, relationship counselors and more. Officers also are expected to do more with less resources to assist in an era where many departments have not recovered from budgetary cutbacks and also face officer recruiting challenges. The book concludes that as a society, we must confront the questions of how we wish to allocate our limited budgetary dollars. Technology can be tempting, offering the allure of a panacea less cumbersome and costly than dealing with messy human issues. We are a nation deeply divided about law enforcement, social services cutbacks, addiction, race, and many other polarizing issues. We turn to cameras and technology because these have the potential to bring people and groups from very different perspectives together in agreement. But the ultimate transformation people seek comes from long-term investment to tackle the severe social challenges currently straining policing and criminal justice.
This chapter is about the privacy and public disclosure challenges posed by police recordings. Officers enter our most private places and intervene at some of the worst moments of our lives. The spread of body cameras small enough to go everywhere an officer goes—and community members ready to record and post videos on social media—poses potentially grave privacy harms. Communities also are wrestling with how to balance privacy protection with public disclosure. Also known as freedom of information or sunshine laws, public disclosure laws give people the right to demand access to records held by the government to facilitate democratic governance, transparency, anticorruption efforts, and public trust. Without sufficient safeguards, a requester could get police videos and post people's sensitive and potentially painful and humiliating moments on venues like YouTube. To address the problem, some states exempt body camera footage from disclosure altogether. Others protect certain categories of sensitive footage. Others require redaction. Police department policies also detail when body cameras should or may be shut off to protect privacy. This chapter delves into the costs and benefits of the different approaches to balancing privacy protection and public disclosure.
This chapter is about the pitfalls of video evidence, which can be misleading. Video evidence can supply important additional context and present other sides of the story. But it is no silver bullet to cure interpretive conflicts. The chapter illustrates the partiality of perceptions through several stories of how different sides interpret video evidence—and how cameras from different angles can tell very different stories. The increasing use of audiovisual evidence requires greater public understanding of the biases that can affect our interpretation of the images that we see. The chapter discusses persuasion effects and potential distortions caused by angle, framing, timing, perspective, and the filter of one’s own preconceived notions. Cameras also may tempt us to ignore the relevant standard on legal questions where the proper yardstick in constitutional criminal procedure is what an officer perceived in the field, often under stress, not what a machine can capture. Moreover footage often is captured from just one perspective—the officer's, in the case of police-worn body cameras. The resulting pooled dataset may be skewed and lead to biased algorithms and findings from advanced analytics. The chapter discusses solutions for these important limitations of video evidence.
Bystanders and organized copwatch groups are increasingly wielding cell phone cameras to document and protest police activities, raising important questions about the right to record the police. People who record the police have risked retaliation and argued that they were arrested in violation of their First Amendment rights to record. The risk of arrest for recording the police is particularly acute in states with "two-party consent" wiretap laws that require the consent of all parties to a conversation before a recording. Other people who record the police have faced arrest and prosecution under broad amorphous legal provisions such as obstruction or disorderly conduct. The chapter's analysis is illustrated by stories of cases where people have been arrested and even prosecuted for recording the police. Despite these risks, there is a growing recognition of the First Amendment right to record the police by the courts. Moreover, a new generation of officers are growing accustomed to doing their job on camera in an era saturated with cell phone cameras, Facebook live, and YouTube videos. As people increasingly record officers, departments are under pressure to release their own videos from the officer's perspective in the race to manage public perceptions.
This chapter is about how to deal with failures to record by officers wearing body cameras and the overarching issue of whether to use police videos for officer monitoring and discipline. There are understandable reasons why officers may not activate their body cameras in the heat and stress of the moment or due to mistake or malfunction. But there also are challenges with resistance, subversion and selective recording. If the problem is left unchecked, rather than being a tool of police accountability, body camera recordings could amplify the problems of a perceived gross imbalance in power and public mistrust. Video recordings could just become yet another way to offer more powerful evidence to speed up a plea bargain or conviction. From a public safety perspective, there also is emerging evidence that uses of force actually increase among officers who wear body cameras but do not follow recording rules. Police departments vary in approaches on whether there are sanctions for failures to record and whether body camera videos can be a basis for officer monitoring, evaluation, and discipline. Police unions also can exert a powerful influence on these policies. The chapter explores how to address the missing police video problem.
This introduction offers an overview of how the rise of police-worn body cameras and community members recording the police has important implications for the future of proof, privacy, civil rights protection, and violence prevention. The book begins by taking readers onto the streets of West Baltimore, where body cameras now are widely deployed throughout the force, and where community members who deeply distrust the police have cell phone cameras ready to record the cops. The search for a missing shooter— and a bleeding victim—in a community that burned with fires and protests after the death of Freddie Gray captures the daunting needs and mistrust that the recording revolutions aim to address. Even people with strong fear and loathing of the police need someone to call in their hour of need. The hope is that the cops and the public will behave better if they know they are recorded, protecting civil liberties, safeguarding both sides from false claims, and reducing the risk of escalation to violence. This book explores the scientific findings behind these hopes and the evidentiary, privacy, public disclosure and civil rights implications of recording almost all that cops see and do.
The rise of two movements in recording the police—body cameras and copwatching—responds to protests over the disparate risk of death and injury in law enforcement encounters and power imbalances between cop and suspect. The chapter opens in the Anacostia neighborhood of Washington, DC, where Terry stops and frisks of several young black men do not turn up a weapon. In a heated encounter, both sides have cameras aimed at the other, making a record from different perspectives. Recording can radically change the opacity of police discretion by creating records where none existed before, documenting everyday encounters that may never lead to contraband nor make it into a report, yet greatly impact community-police relations and the experience of civil liberties. The chapter also discusses the widespread hope that recording will reduce the risk of injury and death in police encounters and resolve disputes over uses of force. Though incomplete, the existing data reveal stark racial disparities in the risk of being shot by an officer. Findings are mixed on whether recording the police actually reduces complaints against the police and the need to resort to force. What is clear is the allure of technological solutions to long-burning problems.
This chapter is about how the vast volumes of audiovisual data stored in the cloud from police recordings open new possibilities for detecting potential dangers before they arise and better guiding officers to avoid escalation to violence or complaints of civil rights violations. Audiovisual big data from police and public recordings, combined with multiple other sources of biometric, locational, and behavioral data, offer the potential for enhancing technology-automated police oversight. Pooled together, the resulting videos generate the power to analyze images collected over time and in numerous encounters to reveal patterns and practices that are risk factors for violations. The era of big audiovisual data also is an era of advanced analytics. The advantage of a massive dataset is the potential to use machine learning methods to generate more sophisticated hypotheses, automate analyses, and discover complex combinations of risk factors. Techniques such as artificial neural networks trained on massive audiovisual datasets can help guide evidence-based smarter early intervention systems to better deploy and guide officers, identify and change problematic practices, and prevent the risk of harm.
The chapter proposes controlled access policies for body camera data modelled on tried-and-true approaches in the health sciences to protect sensitive medical information while permitting research. Controlled access maximizes the benefits of the trove of police videos while minimizing privacy harms. Some states have succumbed to the temptation to exempt body camera videos from disclosure and delete the data if it is not of evidentiary use in a particular case. Yet video evidence is valuable not just for investigation and prosecution in a particular criminal case, or of a particular officer. Rather, aggregated data involving even seemingly uneventful encounters can reveal important insights about how to keep situations from escalating and protect civil rights. Controlled access gives researchers bound by professional ethics and Institutional Review Boards to minimize harms while maximizing societal benefits the ability to analyze highly sensitive data. Privacy planning requires a well-designed plan for the protection of sensitive data and a showing of the capability and facilities to implement those protections. Finally, because data must exist to be analyzed, this chapter also presents findings on varying data retention policies for body camera video.
The wider-spread availability of videos of police encounters has the potential to change the balance of power over proof in suspect-said, police-said credibility contests and enhance judicial enforcement of civil rights. Recordings can help correct or create the record and dispel false accusations. In addition to potentially exonerating officers, videos also can potentially help suspects. The wider-spread availability of audiovisual evidence is paradigm-shifting, offering a means to contest the official story. Video can challenge the primacy of the police report in shaping the outcome of cases, from what story gets aired to what plea bargain a person gets. Indeed videos are so influential that there is an important debate over whether officers should be able to view recordings before writing their reports or responding to complaints. Viral videos also have a volatile power to take a case directly to the courtroom of public opinion, potentially avoiding qualified immunity hurdles and creating pressure for police to settle controversial civil rights lawsuits. The dawning future where most police activities will be recorded also has the potential to reshape constitutional criminal procedure, a major source of rules regulating the police, by revealing patterns of practices and better informing the work of courts.