The Problem ▸
Law enforcement in the United States is decentralized, with more than 18,000 law enforcement agencies at the federal, state, and local levels reporting to different governmental structures or democratically elected.[1] Due to this decentralized model, understanding what law enforcement agencies do, how they do it, and how it impacts public safety is challenging. This challenge is exacerbated by data collection, analysis, and reporting processes that vary across jurisdictions and by federal data collection systems with highly variable reporting by agencies and states. This prevents assessments of policing across agencies, at the regional, or national level. The public is left without any reliable way to know what the state of policing is, what is going well, and where there needs improvement. Data collection, analysis, and reporting inconsistencies also hamper policing reform planning and evaluation and limits understanding of racial and other disparities.
Report Sections ▸
The Open Government Directive of the Obama administration[2] propelled government agencies to maintain and provide public access to government data and establish mechanisms through which public feedback can be collected and used to evaluate and improve government performance. The President’s Task Force on 21st Century Policing[3] recommended that law enforcement agencies develop a climate of openness, specifically that law enforcement agencies should increase transparency by collecting and sharing critical data, policies, and procedures with the public. Some agencies publish data on their website or build their own open data portal. Some agencies participate in open data programs such as the Police Data Initiative, which encourages data sharing to foster a culture of transparency and accountability. More than 120 law enforcement agencies from across the U.S. have voluntarily participated in the program.[4]
The challenges associated with collecting criminal justice data have long been recognized. Much of this responsibility has fallen on non-government entities such as universities, researchers, and non-profit organizations. Establishing national trends in policing has been particularly challenging because it can require extensive data collection and manual standardization efforts.[5] This often requires requesting data from individual agencies through state or federal open records laws. These challenges have led to several private non-governmental attempts to collect more complete data.[6] In an effort to better describe police transparency, Vera developed the Police Data Transparency Index.[7] The Policing Project at New York University’s School of Law has developed guidelines for sharing data and transparency.[8] Some of the highest-profile efforts have been around improving data collection on use of force and use of deadly force.
Despite advancements in technology and data systems, the state of knowledge regarding policing and other criminal justice systems is extremely limited. Data still tend to be siloed, challenging to link over time, and poorly standardized across jurisdictions. In assessing this problem, a study by Arnold Ventures recommended that the federal government should develop a National Commission on Criminal Justice Data Modernization. This commission would be responsible for building a roadmap for federal and state governments to improve data quality and collection, creating metrics for reporting on agency transparency, and increasing Bureau of Justice Statistics funding to improve data collection and timely dissemination of findings.[9]
Openly published public safety datasets have been used to study a variety of policing and crime issues, such as predictors and dynamics of crime[10], crime concentration[11] [12], racial disparities in traffic stops[13] [14], police use of force[15], stop and frisk[16], officer decision making and discretion in traffic stops and arrests[17], and de-policing effect following Ferguson[18], among others.
In the absence of open data regulations and compliance, the public, researchers, non-profit organizations, and others have engaged in efforts to compile and publish critical data. For instance, the Washington Post compiles data on officer-involved fatal shootings across the United States.[19] The National Police Misconduct Reporting Project and PoliceMisconduct.net collected data on police misconduct using media reports.[20] Researchers also collected data on officers arrested for misconduct using Google News search.[21]
High-profile actions of transparency and accountability can lead to increased trust in police, although this may differ depending on the race of community members.[22] Another study found that being informed of police performance data affects the public’s trust significantly; the effect was contingent on whether the performance was positive and the community’s predisposition to the police.[23]
Develop a Data Collection, Analysis, and Dissemination Plan
To increase transparency, a comprehensive plan should be developed for collecting, analyzing, and disseminating data, at the incident level, on traffic stops, pedestrian stops, crime incidents, arrests, use of force events, and community complaints. The plan, with input from the community, should include:
- Performance measures: Agency-wide and unit-specific performance measures that consider input from the community, elected officials, and others.
- Data collection: A data collection plan that addresses key performance measures and specifies who will collect data, how data should be stored, and what quality assurance measures will be performed.
- Data sharing: Data sharing plan that includes what data will be shared, with whom, and at what cadence. The plan should also include mechanisms for maintaining the privacy of individuals and adherence to privacy laws.
- Data analysis: Data should be analyzed periodically to assess performance and identify ineffective or potentially problematic practices and the most effective and promising practices. The results of these analyses, along with supporting data, should be made publicly available in plain language.
Maximize the Value of Data by Ensuring Its Consistency
To maximize the understanding of regional, state, and national public safety as well as policing trends, data must be in a consistent format. Funding partners and researchers to make data consistent and unifying and merging data sets to allow comparison with other data sources will help maximize the value of policing data.
Design and Implement Data Collection Systems and Processes
Data collection and analysis capacity must be prioritized and funded to achieve the transparency that the public desires.
Issue Annual Reports on Activities and Impacts
Every law enforcement agency should issue an annual report and include data on key activities, traffic and pedestrian stops and arrests, and document any impact and outcomes, including disparate impacts to the community. The report should describe actions taken to address disparities and be included with all funding requests.
Participate in Federal Data Collection Efforts
Wherever possible, agencies should voluntarily send data to federal data collection systems designed to better inform law enforcement agencies and communities and offer critical, comprehensive, and data-driven evidence to improve the effectiveness and transparency of policing activities. For example, the Federal Bureau of Investigation (FBI) collects voluntarily reported data on officer use of force and the Bureau of Justice Statistics (BJS) periodically collects data on law enforcement agency structure and activity.
Further Research ▸
More research is needed on the best way to report policing administrative data to communities. Administrative data are often complicated and may require sophisticated data management or processing to be useful. Additional research is needed to understand ways to produce and display these data in ways that are accessible to the widest audience.
Additional research is needed to understand how communities best receive and respond to data from law enforcement agencies, including the level of detail desired. Research would also provide insight into how agency transparency is valued in the community and understood, including limitations of the data.
Despite support from agencies, leaders, and stakeholder associations, the FBI’s use-of-force database has fallen short of expectations in terms of adoption and participation. Research would inform the reasons agencies decline to participate and how future efforts should be designed to maximize participation.
Citations ▸
[1] Reaves, B. (2011). Census of State and Local Law Enforcement Agencies, 2008. Washington, DC: U.S. Department of Justice.
[2] See obamawhitehouse.archives.gov/open
[3] Office of Community Oriented Policing Services. (2015). Final Report of the President's Task Force on 21st Century Policing. Washington, DC: Office of Community Oriented Policing Services.
[4] Police Data Initiative. (n.d.). Retrieved July 2022, from www.policedatainitiative.org
[5] For one example of the challenges of collecting police activity data, see Mummolo, J. (2018, August 23), What I Learned by Studying Militarized Policing. The Atlantic. www.theatlantic.com/ideas/archive/2018/08/where-is-the-data-on-police-behavior/568258/
[6] See for example the Washington Post’s Police Shooting Database (www.washingtonpost.com/graphics/investigations/police-shootings-database/) or the Fatal Encounter dataset (fatalencounters.org/).
[7] policetransparency.vera.org
[8] www.policingproject.org/transparency-framework
[9] Buck., S. (2021, April 15). We Need Criminal Justice Data That Doesn’t Exist. Here’s How the Biden Administration Can Fix It. Arnold Ventures. www.arnoldventures.org/stories/we-need-criminal-justice-data-that-doesnt-exist-heres-how-the-biden-administration-can-fix-it
[10] Zhang, Y., Siriaraya, P., Kawai, Y., & Jatowt, A. (2020). Analysis of street crime predictors in web open data. Journal of Intelligent Information Systems, 55(3), 535-559.
[11] Almanie, T., Mirza, R., & Lor, E. (2015). Crime prediction based on crime types and using spatial and temporal criminal hotspots. International Journal of Data Mining & Knowledge Management Process, 5(4).
[12] Belesiotis, A., Papadakis, G., & Skoutas, D. (2018). Analyzing and predicting spatial crime distribution using crowdsourced and open data. ACM Transactions on Spatial Algorithms and Systems (TSAS), 3(4), 1-31.
[13] Pierson, E., Simoiu, C., Overgoor, J., Corbett-Davies, S., Jenson, D., Shoemaker, A., ... & Goel, S. (2020). A large-scale analysis of racial disparities in police stops across the United States. Nature Human Behaviour, 4(7), 736-745.
[14] Rivera, R., & Rosenbaum, J. (2020). Racial disparities in police stops in US cities. Significance, 17(4), 4-5.
[15] Fryer, R. G. (2016). An empirical analysis of racial differences in police use of force (No. w22399). National Bureau of Economic Research.
[16] Khan, M. R., Kapadia, F., Geller, A., Mazumdar, M., Scheidell, J. D., Krause, K. D., ... & Halkitis, P. N. (2021). Racial and ethnic disparities in “stop-and-frisk” experience among young sexual minority men in New York City. PloS One, 16(8), e0256201.
[17] Zhang, Y., & Zhang, L. (2021). Racial characteristics of areas and police decisions to arrest in traffic stops: multilevel analysis of contextual racial effects. Policing: An International Journal.
[18] Shjarback, J. A., Pyrooz, D. C., Wolfe, S. E., & Decker, S. H. (2017). De-policing and crime in the wake of Ferguson: Racialized changes in the quantity and quality of policing among Missouri police departments. Journal of Criminal Justice, 50, 42-52.
[19] https://www.washingtonpost.com/graphics/investigations/police-shootings-database/
[20] https://webarchive.loc.gov/all/20181031010432/
https://www.unlawfulshield.com/2018/07/what-happened-to-policemisconduct-net/
[21] Stinson, P. M., Liederbach, J., Brewer, S. L., & Todak, N. E. (2014). Drink, drive, go to jail? A study of police officers arrested for drunk driving. Journal of Crime and Justice, 37(3), 356-376.
[22] Kochel, T. R., & Skogan, W. G. (2021). Accountability and transparency as levers to promote public trust and police legitimacy: findings from a natural experiment. Policing: An International Journal of Police Strategies and Management, 44(6), 1046-1059.
[23] Mason, D., Hillenbrand, C., & Money, K. (2014). Are informed citizens more trusting? Transparency of performance data and trust towards a British police force. Journal of Business Ethics, 122(2), 321-341.