Courtesy LWVUS
California legislators passed a historic reform of law enforcement’s use of deadly force last year, AB 392 (Shirley Weber, D-San Diego). LWVC was a strong supporter of this landmark reform, proposed in response to California’s having the highest number of police killings in the nation.
The victory was a hard-fought win against law enforcement organizations and unions, including a company that is little known outside policing circles: Lexipol. This firm provides 90 percent of California law enforcement departments with their policy manuals.
The reform’s core change is the requirement that officers use deadly force only when it’s “necessary” to preserve human life. Previously the standard for use of deadly force was that it had to be “objectively reasonable” to the officer. Other reforms in AB 392 include the requirement to use de-escalation methods, if safe and feasible; also, the conduct of the officer leading up to the use of lethal force must be taken into account when evaluating whether or not the use of deadly force was necessary.
However, these critical changes are being scuttled by purposeful misstatement of the law in the Lexipol policy manuals. In the Lexipol policy, the “necessary” standard is not required. Rather, the former standard of “objectively reasonable” prevails. In the case of de-escalation, an officer must only consider de-escalation. And, in the Lexipol manual, there is no mention of the officer’s conduct leading up to the use of force as being a factor that must be considered when determining the need to use deadly force. Other provisions are similarly distorted and mangled in meaning.
Just this week, in a Pasadena Public Safety Committee meeting, city officials approved materials about the critical changes in the use of deadly force for the public which are unlawful. These same distorted implementations are appearing now in police departments and city materials throughout California, presumably thanks to Lexipol.
The American Civil Liberties Union, a leading partner in the statewide coalition that fought and won the new law—now cited as a leading model across the country—has analyzed in careful detail the distorted, unlawful language of Lexipol’s manuals. LWVC and individual Leagues, such as ours, are partners in this new fight to secure the legal implementation of AB 392, as written in the state penal code. Big money and power are at play here. Lexipol’s chokehold on California’s use of deadly force policy reform needs removal now.
The article “Police Policy for Sale” documents Lexipol’s distortion of the new law and its influence on law enforcement. Please read it and take action to support the League’s position.
—Kris Ockershauser, Chair, Policing Practices Subcommittee
