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2020 Cardozo L. Rev. De-Novo 1 (2020)

handle is hein.journals/denovo2020 and id is 1 raw text is: 














                              CARDOZO LAW REVIEW



            de* novo




    SURVEY SAYS?: U.S. CITIES DOUBLE DOWN ON
        CIVILIAN OVERSIGHT OF POLICE DESPITE
             CHALLENGES AND CONTROVERSY


                             Sharon  R. Fairleyt




      The emergence of police accountability as an issue of concern in communities
across the nation has led to a watershed era in the evolution of accountability
systems involving civilian oversight of municipal police agencies. In recent years,
several municipalities have opted to either create or enhance existing civilian
oversight systems, despite the fact that many civilian oversight entities continue to
elicit criticism. This Article reports on a survey of the civilian oversight entities in
the one hundred  most populous  U.S. cities. The survey documents that civilian
oversight has become sufficiently prevalent among the largest U.S. cities as to now
be considered a normative element within the police accountability infrastructure.
      This Article also sheds light on the prevalence of the various civilian oversight
functions that the largest U.S. cities employ. Each civilian oversight entity is
identified as providing one or more of seven oversight functions: Investigative,
Review, Audit, Adjudicative, Appeals, Supervisory, and Advisory oversight. The
survey illustrates the prevalence of these forms of oversight across U.S. jurisdictions
and  reveals the recent proliferation of layered, multi-functional civilian oversight
systems, particularly among the largest cities.


   T Professor From Practice, University of Chicago Law School; former federal prosecutor; and
former Chief Administrator, City of Chicago Independent Police Review Authority and Civilian
Office of Police Accountability. Special thanks to Alexis Grinsted for her stellar research
assistance. Thanks also to Craig Futterman, Brian Friedman, and Walter Katz for their insightful
comments and suggestions. For access to detailed information from the survey discussed in this
Article, please visit policeoversight.uchicago.edu.


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