HUMAN RIGHTS WATCH Shielded from Justice: Police Brutality and Accountability in the United States
Philadelphia:

Criminal Prosecution
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Criminal prosecution of police officers accused of using excessive force is rare in most cities, and Philadelphia is no exception. Advocates claim that the district attorney's office relies too heavily on flawed IAD investigations when deciding whether to prosecute a case, rather than interviewing involved parties. In the DeJesus case, for example, the district attorney reportedly chose not to prosecute based on statements taken by IAD, not through her office's own inquiry. And the district attorney reportedly was notified by the public defender's office in the late 1980s about possibly fabricated evidence by 39th District officers, yet apparently ignored the reports.

Just as disturbing as the 39th District scandal is the apparent unwillingness on the part of the district attorney's office to revise clearly flawed practices. The district attorney has reportedly refused to meet with local advocates to discuss ways to prevent another police scandal, and the city has failed to create a special unit within the D.A.'s office to deal with corruption and brutality.93 The D.A.'s office, like most we investigated, does not even acknowledge tracking cases against officers and reportedly cannot tell the public how many officers have been indicted or convicted for on- or off-duty crimes.94

D.A. Lynne Abraham explains that the problem with criminal prosecution of bad cops is that if they are acquitted, they almost always win their jobs back through arbitration. For this reason, her office looks for rock-solid cases.95

Federal prosecution is also rare. In 1996, of the two cases decided by federal prosecutors for the federal district containing Philadelphia (Eastern District of Pennsylvania), none was prosecuted (presented to a grand jury to seek an indictment). Between 1992 and 1995, fifty cases were considered, of which thirty were prosecuted.96

The Justice Department is also considering "pattern or practice" civil injunctions against certain police departments or units within certain police departments (as mandated by in the 1994 crime bill). When a "pattern or practice" investigation of the NYPD was announced in August 1997, press reports indicated that Philadelphia had already been investigated by the Justice Department.97 As part of its "pattern or practice" powers, the Justice Department may investigate certain districts or precincts with a disproportionate number of complaints or a pattern of abuse. Several advocates in Philadelphia noted that certain districts receive a disproportionate number of complaints, such as the 24th, 25th, and 26th districts, according to PAC reports, and may be deserving of a "pattern or practice" investigation.



93 McDougall, "Law and Disorder," Philadelphia Weekly.

94 Telephone inquiries, district attorney's office, August 1997 and May 26, 1998.

95 Gammage and Fazlollah, "Arbitration offers a route..." Philadelphia Inquirer.

96 According to data obtained by the Transactional Records Access Clearinghouse (TRAC) from the Executive Office of U.S. Attorneys, Justice Department. Cases prosecuted or declined represent only a portion of the total number of complaints alleging federal criminal civil rights violations because several steps prior to this decision narrow down the number of complaints actually received to those considered worthy of consideration.

97 Blaine Harden, "Civil rights investigation targets N.Y. Police,"Washington Post, August 19, 1997.

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© June 1998
Human Rights Watch