Community Stakeholders

Results from the Police Executive Research Forum (PERF) surveys of law enforcement executives demonstrate that a number of agencies have engaged with their residents in a positive way regarding the deployment of body-worn cameras (BWC). A number of departments have used adoption of BWCs as an opportunity to demonstrate transparency to the community. Numerous experts strongly recommend engaging in dialogue with members of the public about BWCs before the technology is deployed on the street. Chief Farrar of the Rialto (CA) Police Department stated, "You have to engage the public before the cameras hit the street. You have to tell people what the cameras are going to be used for, how everyone can benefit from them." (PERF, 2014: 21) Other agencies, such as the Los Angeles (CA) Police Department, have solicited community input regarding the development of their administrative policy, and many agencies have used social media to engage residents on the technology.

The February 25-26, 2015 Bureau of Justice Assistance BWC Expert Panel participants emphasized that BWC programs are only one piece of the puzzle, offering the following thoughts:

• "Just because I put on a camera doesn't mean that it's building a relationship or more trust. Police departments needs to use the cameras as part of a larger engagement strategy." Joe Perez, President, Hispanic American Police Command Officers Association – National Capitol Region
• "Trust needs to be established. How can we establish more trust amongst those we serve? There should be more dialogue on this topic rather than on logistics." Dr. Michael D. White, Arizona State University
• "We are posting our video to a YouTube page with redacted videos as a pilot to get transparency and accountability up and requests for videos down." Michael Wagers, Chief Operating Officer, Seattle (WA) Police Department
• "Over the last two years there has been a change; more transparency and legitimacy in policing, and the government invested more money (increased to £6 million pounds) into the BWC program." Inspector Steve Goodier, Hampshire Constabulary, United Kingdom

Collaborating on a body-worn camera (BWC) policy among all interested parties from a county ensures that all parties follow the same policies and evidence retention schedule. Regional collaboration would establish consistent processes from law enforcement to the district attorney. Santa Clara County, CA, collaborated on a model policy that involved the county law enforcement agencies, the district attorney, and the California Highway Patrol. This BWC model policy serves as an effective example of county-wide collaboration. However, such collaborative efforts might be more difficult in other jurisdictions and result in long delays in BWC implementation. Communities need to weigh the costs and benefits of collaboration and determine the best course of action for their jurisdiction over the short-, medium-, and long-term.

Law enforcement agencies will benefit from a public education campaign that is focused on increasing public awareness of the body-worn camera (BWC) program, the goals for the program (why the agency has adopted the cameras), and what to expect in terms of benefits and challenges. The public education campaign can be part of a larger effort by the agency to demonstrate transparency and to improve outcomes with the community. The local media can be an important partner in the public education campaign, through print, radio, and television reporting on the BWC program. Decisions about how much information to provide and how to provide it (web site, public service announcements, media reporting, etc.) should be made locally.

Several participants of the Bureau of Justice Assistance BWC Expert Panel shared their community outreach efforts. Michael Wagers, Chief Operating Officer of the Seattle (WA) Police Department, explained Seattle took three months to rewrite its BWC policy because it posted the policy publically to seek input from stakeholders. Wagers emphasized the significant value in this approach, "We had an agreement with the police union and included them in the policy development process–we ended up using a lot of input from external stakeholders as well." Inspector Steve Goodier of the Hampshire Constabulary in the United Kingdom suggested a pre- and post-survey of both the community and officers, explaining that it was wonderful to have the data to demonstrate internal and external support of BWCs ("85% support among the public support as well as overwhelming positive support from officers").

There has been little research conducted on the effect of body-worn cameras (BWC) on criminal prosecutions. In Phoenix, AZ, researchers found that domestic violence cases involving a camera-wearing officer were more likely to be initiated by the prosecutor’s office (40.9% vs. 34.3%), have charges filed (37.7% vs. 26%), have cases furthered (12.7% vs. 6.2%), result in a guilty plea (4.4% vs. 1.2%), and result in a guilty verdict at trial (4.4% vs. 0.9%) (Katz et al., 2015).

The Plymouth (England) Head Camera Project reported that the technology increased officers’ ability to document that a violent crime had occurred, and the incidents recorded by BWCs were more likely to be resolved through guilty pleas rather than criminal trials (Goodall, 2007). In Renfrewshire, Scotland, BWC cases were 70-80% more likely to result in a guilty plea, compared to other court cases. A more recent report from Essex, Scotland, that focused specifically on domestic abuse calls also found that criminal charges were more likely to be filed in cases where an officer was wearing a BWC (Owens et al., 2014).

Anecdotal evidence from the Police Executive Research Forum (PERF) interviews of law enforcement executives (PERF, 2014) also suggests that BWCs may affect prosecution of cases through improved evidence collection. Chief Parker of the Dalton (GA) Police Department reported that BWCs have enhanced evidence collection at accident scenes, as officers work to secure a scene, interview witnesses and victims, and provide emergency medical care as needed. Several chiefs also indicated that BWCs are useful in domestic violence cases when it is difficult for a victim to participate. In these cases, BWC policies regarding victims, to include children and other vulnerable persons, must be carefully crafted.

For more information, see:

• Police Executive Research Forum (PERF) for the Office of Community Oriented Policing Services, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned: http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf
• Phoenix, Arizona: http://cvpcs.asu.edu/sites/default/files/content/projects/PPD_SPI_Final_Report%204_28_15.pdf

Each department must fully examine its state, local, and tribal laws to determine when it is lawful to record events. Most communities, however, fall into one of two groups.

The first group is composed of those communities that require one-party consent. In these communities it is lawful to record communication when consent is obtained from one person (e.g., officer, suspect, or victim). Within these laws, there might already be exceptions that would cover body-worn cameras (BWC). Nonetheless, in these communities, it is up to law enforcement to determine whether they inform the individual of the recording. The Police Executive Research Forum (PERF) recommends that officers inform members of the public that they are being recorded "unless doing so would be unsafe, impractical, or impossible," (PERF, 2014: 40). PERF emphasizes that this does not mean that they are required to have consent to record, only that they inform the person that they are recording. The rationale for this is straightforward. If BWCs do produce benefits in terms of change in behavior (civilizing effect), those benefits can only be realized if the community member is aware of the recording.

The second group are those communities that require two-party consent. This means that it is not legal to record the interaction unless both parties consent to it being recorded. As stated above, there might also be exceptions within these laws that may cover BWC recordings. Two-party consent laws can present special problems to law enforcement agencies that are interested in implementing a BWC program because the law enforcement officers have to announce that they would like to record the interaction and obtain approval from the member of the public. As a consequence, some states such as Pennsylvania have successfully modified existing statutes to allow the law enforcement to use BWCs without two-part consent (Mateescu, Rosenblat and Boyd, 2015).

For more information, see:

• Data and Society Police Body-Worn Cameras (Mateescu, Rosenblat and Boyd, 2015): http://www.datasociety.net/pubs/dcr/PoliceBodyWornCameras.pdf
• Police Executive Research Forum (PERF) for the Office of Community Oriented Policing Services, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned: http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf

Law enforcement–community member encounters are transactional events, with each participant making decisions and responding to the decisions of the other participant. As a result, use-of-force by a law enforcement officer is the culmination of a series of earlier actions and reactions. However, review of force incidents traditionally ignores earlier stages of an encounter and focuses entirely on the final-frame decision (called the split-second syndrome). Body-worn cameras (BWC) represent an opportunity to overcome the split-second syndrome because the technology can allow for a full review of all actions made by the officer during an encounter, from start to finish. For example, BWCs can help answer questions such as:

• How did the officer act early on in the encounter that deescalated or escalated the potential for violence?
• Upon review of the video, is there anything the officer might have missed that would have resolved the encounter differently?

BWC recordings can be a part of a comprehensive review of use-of-force encounters to determine why they ended in violence, and to identify better practices for resolving encounters peacefully (which can then be incorporated into officer training). During his testimony before the President's Task Force on 21st Century Policing, Dr. Michael D. White of Arizona State University stated:

"BWCs represent an opportunity to overcome the split-second syndrome because the technology can provide a permanent video record of the entire police–community member encounter. BWCs allow for a full review of all decisions made by the officer during an encounter, from start to finish. Did the officer make decisions early on in the encounter that escalated the potential for violence? Did the officer miss opportunities to resolve the encounter peacefully? BWCs can facilitate a comprehensive review of forceful encounters to determine why they ended in violence; and to identify best practices for resolving encounters peacefully."

Maggie Goodrich, Los Angeles (CA) Police Department, and Kay Chopard Cohen, National District Attorneys Association, offered related thoughts in the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel. Goodrich explained, "the purpose of BWCs is the collection of evidence and to determine what really happened." Chopard Cohen asserted, "criminal investigations today are so much more complex than years ago. We did not have the same techniques before. There was no DNA, just a few eyewitnesses. Today we have lots of corroboration. We need to weigh civil liability with requirements for civil prosecution and balance those so we are looking out for both sides in any cases. From a prosecutor's prospective, we need to worry about victim safety and confidentiality. We need to worry about safety of innocent bystanders. BWCs add a layer of complexity; we want to see what happened, but sometimes when an officer responds, it is not right for public viewing. There are situations where we have to educate the public and legislatures that this should not be available for public viewing. We need to be the protector of that and uphold the Constitution to make complexities work."

In Rialto, CA, there were 61 use-of-force incidents before deployment of body-worn cameras (BWC) and just 25 incidents after deployment (a 60% drop). Additionally, "control" work shifts (officers who were not wearing cameras) produced double the number of use-of-force incidents compared to "treatment" shifts (camera-wearing officers) during the same period. The study in Mesa, AZ, also found significant reductions in use-of-force among officers wearing cameras, but in Phoenix, AZ, there was no significant difference in use-of-force incidents among camera-wearing and non-camera-wearing officers. Much more research needs to be conducted to determine whether BWCs reduce use-of-force by law enforcement. In addition, the Office of Community Oriented Policing Services Implementation Guide emphasizes that BWCs produce benefits in terms of change in behavior (civilizing effect), but those benefits can only be realized if the community member is aware of the recording.

For more information, see:

• Police Executive Research Forum (PERF) for the Office of Community Oriented Policing Services, Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned: http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf
• Rialto, California: http://link.springer.com/article/10.1007/s10940-014-9236-3
• Phoenix, Arizona: http://cvpcs.asu.edu/sites/default/files/content/projects/PPD_SPI_Final_Report%204_28_15.pdf

Dashboard cameras are fixed to law enforcement vehicles, therefore only capturing video from the front of the vehicle. Some dashboard cameras allow for audio recording near the law enforcement vehicle. Body-worn cameras (BWCs) retain the strengths of the dashboard camera, but they allow the technology to accompany the officer wherever he or she goes. In some instances, using BWCs and dashboard cameras together can be beneficial, documenting an event from two different perspectives.

BWCs are different from close-circuit television systems (CCTV). CCTVs are stationary systems that record behavior in a given public space. Sir Bernard Hogan-Howe of the London Metropolitan Police Service highlights the core differences between BWCs and CCTVs: "In London we have CCTVs, which are quite extensive and becoming even more so, but the distinction is that those cameras don’t listen to your conversations. They observe behavior and see what people do and cover public space, so you can see if there is a crime being committed. But CCTVs don’t generally seek out individuals." (PERF, 2014: 11)

For additional information, see Police Executive Research Forum (PERF), Implementing a Body-Worn Camera Program: Recommendations and Lessons Learned:http://www.justice.gov/iso/opa/resources/472014912134715246869.pdf

There is potential to integrate body-worn cameras (BWC) with facial recognition systems. The use of facial recognition and BWCs may pose serious risks to public privacy. Agencies that explore this integration should proceed very cautiously and should consult with legal counsel and other relevant stakeholders.

The technology consists of the camera, which is typically worn on the officer's uniform (placed optionally on the shoulder lapel, sunglasses, or hat), with a forward-facing viewable area. When thinking about the mounting location, an agency should consider the uniform types worn by officers and how uniforms may vary throughout the year (summer, winter). Additional accessories may be required to ensure the camera is properly positioned, securely attached and protected to support the officer and his or her unique mission.

There are a number of different types of camera with differing options, including user controls such as push to record, touch-screen controls, video and audio feed, and playback in field. The video evidence is uploaded through a docking station on a local storage device (e.g., server) or through an online web-based digital media storage platform where the evidence can be encrypted and managed. Some models also allow for video upload while in the field.

At the February 26-27, 2015, Bureau of Justice Assistance Body-Worn Camera Expert Panel convening, Donna Twyford of the U.S. Customs and Border Protection shared a warning that "cameras with lots of options are not always beneficial-they may simply just present more items that can be lost or broken." During those same discussions, Maggie Goodrich of the Los Angeles (CA) Police Department (LAPD) explained it is important to critically look at and transparently share equipment capabilities. In the LAPD, "there was an officer evaluation–if the vendor said that the camera did A, B, and C, we tested it to prove it. We conducted reviews of different mounts and evaluated video and audio quality. It was a fully transparent process we found that it was critical to receive input from those who would ultimately wear the cameras."