Training

Another key policy issue involves whether officers should be allowed to review video footage of an incident, especially a critical incident, before filing a report or making a statement. The Police Executive Research Forum (PERF) report notes, "The majority of law enforcement executives interviewed by PERF are in favor of allowing officers to review body-worn camera (BWC) footage prior to making a statement about an incident in which they were involved. They believe that this approach provides the best evidence of what actually took place." (PERF, 2014: 29)

Some agency leaders, defense attorneys, and civil rights advocates oppose officer review of footage before making a statement, arguing that review of the video may lead the officer to alter or tailor his or her statement. The decision to allow officers to review footage (or not) before making statements should be made locally based on discussion between the agency leaders, union representatives, and other relevant stakeholders such as prosecutors and independent law enforcement review boards, if applicable.

There is also the potential for inconsistencies to exist between the written report and the video. Departments vary in how they handle this. Some agencies do not permit officers to review the video post-event before their reports are written. These agencies take the perspective that they want the "officer's perception" of the event described in the departmental report without the assistance of reviewing the video so that the department better understands how the officer perceived the event as it occurred in the field. One criticism of this approach is that evidence presented through the officer's report and the video evidence might be inconsistent with one another, which could create complications in court. Other agencies permit the officer through agency policy to review the video of the incident while writing the departmental report. This allows the officer more opportunity to ensure that the police report does not omit things that were captured in the video. There have been no evaluations to date that have examined the strengths and weaknesses of either approach. Each agency should work with its in-house legal counsel, local prosecutors, and local defense attorney to determine which approach is best for its jurisdiction.

Lively conversation about allowing or not allowing officer viewing of video took place during the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel. Although participants provided examples of when officer viewing of videos should be limited or constrained, they also discussed a number of examples illustrating the benefits derived from officers' assessment of their video, including affording valuable opportunities for self-awareness and development. Moreover, Inspector Steve Goodier of the Hampshire Constabulary in the United Kingdom also explained that his agency found situations where a video review with a supervisor or mentor proved instrumental in realizing that "certain training and instructions were not quite translating to real life, giving both an opportunity to reflect on their performance." Los Angeles (CA) Police Department's (LAPD) Maggie Goodrich shared, "the purpose of BWCs is the collection of evidence and to determine what really happened."

Jumana Musa, National Association of Criminal Defense Lawyers, warned against giving officers the ability to view video after a use of force incident or other action resulting in a citizen complaint, explaining that the purpose of "the officer's testimony is to get their assessment of what happened in the moment, so it is important to capture what happened as they perceived it. By showing officers the video of the incident before capturing their statement, the testimony will be a result of the officer processing what they saw on the video rather than what they recalled and this could change the nature of the statement. The police are also taking statements from others involved who don’t have the same opportunity to review the video."

In response, Chief Whent of the Oakland (CA) Police Department said, "when people can view the videos, officers can view them as well, but not prior to statements in the event of an officer-involved shooting. Statements must be given first so they aren't simply recounting video." Maggie Goodrich, LAPD Chief Information Officer, said, "in more serious use-of-force and officer-involved shooting investigations, the officer can review the video before making a statement. However, the involved officers are separated, the line supervisor takes the cameras and powers them off and turns them over to the investigator, and the video review occurs once it is authorized by the investigator".

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

There is currently no evidence from the United States documenting any sort of health and safety risks associated with body-worn cameras. The United Kingdom Home Office guide provides a comprehensive list of potential hazards to officers who wear head-mounted cameras, rates the risk level for each hazard, and discusses strategies to mitigate risk. Many of the hazards are deemed to be low-risk, such as being targeted for assault because of the camera, neck injury from the weight of the camera, and electrical shock. However, several hazards are rated as medium-risk, such as strangulation with the lead (or wire) by an offender; head injury through impact of the camera by an assailant; and soreness, discomfort, and headache from the headband. Most of the cited health concerns are mitigated by wearing the camera on other parts of the uniform (e.g., the torso, not the head). The lack of evidence regarding the health and safety concerns does not mean there are no risks. Departments should explore potential risks as they adopt the technology.

For more information, see:

• United Kingdom Home Office, Guidance for the Police Use of Body-Worn Video Devices: http://library.college.police.uk/docs/homeoffice/guidance-body-worn-devices.pdf

Investigators and detectives might need different training on body-worn cameras (BWC) depending on the methods and means the agency uses to share evidence obtained through BWCs. For many agencies, evidence obtained through BWCs will be downloaded by first responders into an in-house or cloud-based storage system. Investigators will need to be trained on how to identify when this evidence becomes available to them, how to retrieve the evidence, and any policies, procedures, ordinances, and laws governing their use. Training may also be required to familiarize detectives and investigators with the use of BWC footage during testimony for criminal and civil trials. All of these procedures should be reviewed by your legal counsel and prosecuting authority prior to implementation.

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

A number of departments have found that engaging the community prior to deployment of body-worn cameras (BWC) has helped to generate community support. Agencies have used a number of methods to engage the public, including press releases (e.g., television, print media), the use of social media (e.g., Facebook, Twitter), well-publicized demonstrations of the technology, and in-person communications with community leaders. Experiences from law enforcement executives interviewed by the Police Executive Research Forum highlight the importance of community engagement.

Community engagement was a recurrent them at the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel, including the following comments:

• "Our chief hosted multiple community outreach groups to give folks an opportunity to weigh in on our body-worn camera program. In addition, we conducted an online survey of the community and used UCLA (University of California-Los Angeles) as an independent body to evaluate the survey." Sgt. Dan Gomez, Los Angeles (CA) Police Department
• "We brought in the community–even those community members that didn’t like us–to watch our training. And, they loved it." Chief Jeff Halstead (retired), Fort Worth (TX) Police Department
• "Train with the community through established community stakeholders. Temper what the camera can do with the reality of what it captures." Lieutenant Daniel Zehnder, Las Vegas (NV) Metropolitan Police Department

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."

All line-level sworn law enforcement officers should be retrained in some way on the proper use of body-worn cameras (BWC) on an annual basis (Police Executive Research Forum, 2014). The training could review department policies, ordinances, and laws related to BWCs; outline how to conduct a pre-shift inspection of the equipment; and review how to properly document and download BWC evidence. Training may also be required to familiarize officers with the use of BWC footage during testimony on the stand during criminal and civil trials. The training should also consider offering a forum for open dialogue among officers regarding problems, concerns, and questions about the technology.

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

Sergeants and supervisors also require training. Supervisors should have the same training as line officers if they are required to wear cameras (policy, operation, video downloading, etc.). But in a supervisory capacity, supervisors use body-worn camera (BWC) video differently from line officers. As a result, they need specialized training as well. Supervisors must clearly understand departmental policy and how it governs their responsibilities and authority to review recorded data. Topics to be addressed in training include:

• Are supervisors permitted to review officer video randomly? For what purpose?
• If supervisors review video, are they required to notify the officer?
• What are the processes a supervisor should take if he or she observes problematic behavior by an officer in a video?

Supervisors should recognize that line officers’ acceptance and incorporation of the technology into their daily routine may vary, and that the speed of adoption can vary based on their comfort with technology.

Some examples of key issues in this area were shared at the February 26-27, 2015 Bureau of Justice Assistance BWC Expert Panel. Chief Sean Whent of the Oakland (CA) Police Department said their supervisors "are required to review each subordinate’s video but the policy is being revised to be more specific so officers are randomly reviewed." Lieutenant Daniel Zehnder of the Las Vegas (NV) Metropolitan Police Department explained that they are "requiring an annual recertification for supervisors which is separate from the training for line officers." Maggie Goodrich from the Los Angeles (CA) Police Department highlighted that supervisors may have specific responsibilities regarding BWCs following a critical incident, such as taking possession of cameras from the involved officers.