NEW ORLEANS — With the New Orleans Consent Decree back in the headlines lately, we’re taking things back to basics, explaining what consent decrees are and how they work in your breakdown.
To boil it way down – the Department of Justice may enter into a court-filed agreement with a police or sheriff’s department that mandates they do better.
This power comes from the 1994 Violent Crime Control and Law Enforcement Act.
Consent decrees are federal oversight intended to promote police integrity.
Some say they’re an effective tool to reform troubled departments. Critics say they’re an expensive waste of taxpayer dollars and a burden on departments.
The history of the New Orleans Consent Decree starts in 2010 when former Mayor Mitch Landrieu asked for the DOJ’s help in transforming NOPD.
The investigation found a pattern of unconstitutional policing, federal law violations, and excessive force. By entering into the consent decree – NOPD was subject to federal monitoring and internal reforms.
Dozens of law enforcement agencies nationwide have been in this position. Chicago PD, Virgin Islands PD, Baltimore PD, the City of Portland Police, and the Maricopa County Arizona Sheriff’s Departments are just a few.
But there are ways out. Late last month, the DOJ moved to end a 10-year consent decree with the Seattle Police Department. SPD showed improvement after having a pattern of using excessive force.
And last summer, after eight years, some of the federal oversight over Albuquerque Police was lifted due to consent decree compliance. The Chief wrote in the Albuquerque Journal, “We are more attractive to police recruits because of our innovations and commitment to officers.”
Here in New Orleans, the Mayor and some other leaders want out of the agreement, and while NOPD had progressed in some areas, federal monitors say other areas still need work.
The hope for both sides is that when the feds give back the reigns a reformed department stays that way.
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