Deck 8: Operating Criminal Justice Agencies Under a Consent Decree

Question 1

Section 14141 of Title 42 U.S. Code gives the Department of Justice the power to:

A) Authorize compensatory damage awards to persons harmed by police.
B) File civil suits against individual officers who violate the rights of persons.
C) Establish citizen commissions who can address complaints against officers.
D) Seek relief against police agencies engaged in a pattern and practice of deprivation of constitutional rights of persons.

Answer 1

D

Question 2

How many §14141 DOJ investigations have there been between 1996 and 2016?

A) 27
B) 45
C) 69
D) 102

Answer 2

C

Question 3

An investigation under Section 14141 that suggests a pattern and practice of civil rights violations by a police agency may result in what type of action?

A) Administrative action.
B) Review by citizen commission.
C) Criminal charges.
D) Civil litigation.

Answer 3

D

Question 4

Once the DOJ establishes that a "pattern or practice" of abuse is occurring, which of the following is NOT one of its options?

A) Filing a lawsuit with a consent decree.
B) Filing a lawsuit with a MOA.
C) Filing a lawsuit with a JNOV.
D) Filing a lawsuit with the intent to litigate.

Question 5

The purpose of consent decrees under § 14141 is to:

A) Ensure accountability of the agency.
B) Establish transparency in the implementation of reforms.
C) Promote flexibility for accomplishing reforms.
D) All of the above.

Question 6

Oversight of a consent decree is performed by which of the following?

A) The chief of police.
B) An independent monitor appointed by the court.
C) The United States Attorney for the district.
D) Agency administrative staff.

Question 7

In addition to requiring training of officers and an early warning system, MOAs often address which of the following subject matter areas?

A) Data collection.
B) Policies and procedures.
C) Complaints from citizens.
D) All of the above.

Question 8

The average time of duration of consent decrees is:

A) Five years
B) Seven years
C) Ten years
D) Fifteen years

Question 9

CRIPA may be said to be analogous to what federal act?

A) Fourteenth Amendment.
B) RLUIPA
C) § 1983
D) § 14141

Question 10

Which of the following is an argument against the use of consent decrees to promote criminal justice reform?

A) Consent decrees undermine principles of federalism.
B) Consent decrees undermine democratic practices.
C) Consent decrees undermine local control of criminal justice agencies.
D) All of the above.

Question 11

The annual cost of a consent decree has been estimated to range from:

A) $1 million to $5 million.
B) $5 million to $10 million.
C) $10 million to $25 million.
D) $25 million to $50 million

Question 12

It has been suggested that Congress enacted the use of consent decrees and MOAs for which of the following reasons"

A) They could devise no other system.
B) Congress can take credit for solving a serious problem and pass the costs on to the affected jurisdictions.
C) Principles of federalism demand that local problems require local costs.
D) None of the above.

Question 13

Empirical studies suggest that police use of excessive force is at epidemic levels.

Question 14

Investigations of local law enforcement agencies by the U.S. Department of Justice under Section 14141 were prompted by the Rodney King incident in Los Angeles.

Question 15

Oversight under a federal court consent decree under § 14141 is provided by the United States Department of Justice.

Question 16

A city police department operating under a consent decree offers maximum opportunities for reform with minimal cost.

Question 17

One of the major differences between a consent decree and a memorandum of understanding is the absence of ongoing judicial oversight.