Consent decrees are back

Merrick Garland axed the Trump era restrictions on consent decrees.


Good, bad?

Can be good. Has worked in the past. Depends on the individual consent decree.


A former Police Chief was on the tube yesterday. He said that out of the 18,000 law enforcement agencies with over 30,000 officers there are going to be some bad apples and/or agencies that are poorly run.
It was his opinion that more oversight is a good deal. I tend to agree.

Who consents?

From what I have read the DOJ must ask a court to approve a investigation.

The judiciary is a bigger part of the problem than the police.

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Everybody. They are negotiated with the pertinent city, the courts and many of the victims.

I prefer Judges who are voted onto the bench. I have never liked the appointment process. And I am certainly against lifetime appointments.

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I missing something. What are they giving consent for?

That brings on problems of its own. Look at Houston.

For a massive federal investigation into abusive practices of the police dept. and the required (or is it recommended, I forget) fixes that would come with it.

For whatever the defendants and plaintiffs negotiated.

Consent decrees are negotiated between two parties (plaintiffs and defendants) in court. No admission of guilt or liability.

It’s a get out of jail free card.



I thought so. I don’t like it.

How do you fix a broken police department?

Constitutional issues are under federal purview.

If there is a crime committed, you investigate it. No negotiations

No they aren’t. Constitutional issues are everybody’s purview

And if you can’t get enough proof and don’t want a long protracted fight in court.

With all the back and forth.

A consent decree is a great tool.


Who are you talking about?