Resource: Reforming High-Stakes Police Departments: How Federal Civil Rights Will Rebuild Constitutional Policing in America

This Note uses the Ferguson Police Department as a 14141 case study and provides suggestions and predictions for sustainable law enforcement reform. The Note proposes that 14141 is the change agent for organizations that refuse or deny a need for change. Part I explains what tools the DOJ possesses for initiating structural police reform within the bounds of the Constitution. Relying on past 14141 investigations and actions, Part II profiles the types of organizations likely to adopt change as well as those that will insist on pushback. Given that post-reform sustainability is one of the largest obstacles in 14141 reform, Part III then proposes backup plans for the DOJ if federal intervention falters ten years after reform is initiated. Part IV predicts successes and potential pitfalls of 14141 reform in Ferguson and discusses why Ferguson has potential to set an example for incremental restructuring of high-profile, problematic police departments. Lastly, Part V presents constitutional objections to strong use of 14141, rooted in case law that no longer exhibits the realities and appropriate remedies required of twenty-first century policing in America.