The Pulse

More than two years after George Floyd’s murder, states see only incremental change in policing, more deaths

By: - February 9, 2023 5:17 pm
Brandon Garrett, Duke University Law School
Brandon Garrett, Duke University Law School

Efforts to change police policies and practices have flagged since a Minneapolis police officer killed George Floyd in 2020.

A flurry of bills was proposed after Floyd’s murder, but only about 10% passed, said Brandon Garrett, a professor of criminal and constitutional law at Duke University Law School.

“Many of the laws addressed useful but not particularly hard- hitting subjects,” said Garrett, who directs the Wilson Center for Science and Justice. For example, few states have said when police can use force, he said. “We’ve seen a lot of activity gesturing toward the need to improve policing, but not particularly hard-hitting requirements.”

Garrett was one of the Duke University Law School experts who discussed police reform at a video news conference on Thursday as deaths at the hands of police again draw outrage and scrutiny.

Five Memphis police officers are charged with second-degree murder in the January beating death of Tyre Nichols.

Elana Fogel, Duke University Law School
Elana Fogel, Duke University Law School

Darryl Williams died in Raleigh police custody in January. Police used a Taser on him three times as Williams was trying to run from them, Spectrum News reported. Before the third time, Williams could be told telling officers he had a heart problem.

Police in the United States killed 1,174 people in 2022 – more than in 2020 –  and 133 so far this year, according to Mapping Police Violence.

There’s no clear standard of “excessive force,” said Angela Weis Gammell, policy director at the Wilson Center. Every department has its own policy or interpretation, she said.

Some departments have banned choke holds or shooting at fleeing vehicles, or prohibited use of deadly force on people who are at risk of harming only themselves, she said.

Proportionate use of force is not typically taught, Garrett said.

The five former Memphis officers charged with Nichols’ murder were part of a special unit created for “proactive” policing.

Cities began disbanding these special units after Floyd’s murder but reconstituted them not long after.

These units are typically assigned to work in high-crime areas, but neighborhoods are usually targeted based on police perception, said Elana Fogel, director of the Criminal Defense Clinic at Duke Law and a clinical professor.

“Sometimes there is data,” she said. “Sometimes it’s the police departments’ general perception of where crime is most commonly occurring. Those tend to be neighborhoods suffering from poverty. Those tend to be neighborhoods where folks of color live. It’s problematic that it’s a self-perpetuating designation.”

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Lynn Bonner
Lynn Bonner

Investigative Reporter Lynn Bonner covers the state legislature and politics, as well as elections, the state budget, public and mental health, safety net programs and issues of racial equality.

NC Newsline is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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