SENATE MEMORIAL 88

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Linda M. Lopez

A MEMORIAL

REQUESTING THAT THE ATTORNEY GENERAL ESTABLISH A SPECIAL EXCESSIVE FORCE UNIT TO INVESTIGATE CLAIMS OF USE OF EXCESSIVE FORCE BY THE STATE'S LAW ENFORCEMENT OFFICERS.

     WHEREAS, cases involving the use or alleged use of excessive force by law enforcement officers have historically not been effectively investigated and have not been prosecuted even when effectively investigated; and

     WHEREAS, there is an inherent conflict of interest due to the traditionally close relationship between district or county attorneys and law enforcement officers, who usually work together to prosecute other alleged criminals, and a similar conflict and reluctance on the part of law enforcement officers when called upon to investigate their brethren; and

     WHEREAS, reluctance on the part of prosecutors to aggressively pursue charges have led to difficulties in convincing grand juries and trial juries that a law enforcement officer did not merely make an understandable mistake, but committed a crime; and

     WHEREAS, the use of special proceedings or grand juries that, in some judicial districts, provides additional protections for law enforcement officers accused of criminal behavior deprives these systems of the transparency required to preserve public confidence in law enforcement; and

     WHEREAS, there is a lack of information about cases of use of excessive force that could be prosecuted or uniform standards for reviewing cases of excessive use of force that might be prosecuted; and

     WHEREAS, these factors and practices have contributed to increased distrust, and diminished credibility, of the criminal justice system, and of law enforcement and prosecutors in particular, which in turn contributes to a deterioration of respect for rule of law and to increased violence; and

     WHEREAS, the creation of a centralized, specialized unit with statewide jurisdiction for the investigation and prosecution of cases of the use of excessive force against civilians by law enforcement officers, coupled with clear prosecutorial standards upon which decisions must be based, and the prohibition of the use of grand juries for the legal determination of probable cause in favor of public preliminary hearings will have a curative effect in ensuring appropriate charging decisions, transparency and credibility before the public and will provide a deterrent effect against future widespread use of excessive force against citizens by law enforcement officers; and

     WHEREAS, such measures will have a positive impact on eliminating institutional cultures favoring the use of excessive force within law enforcement organizations throughout the state;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the office of the attorney general be requested to establish a "special excessive force unit" with statewide jurisdiction dedicated to investigating and, when warranted, prosecuting cases concerning the alleged use of excessive force by law enforcement officers; and

     BE IT FURTHER RESOLVED that the special excessive force unit be dedicated to operating in the most transparent and accountable manner possible, including by eschewing the use of grand juries when bringing charges of use of excessive force against a law enforcement officer; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the attorney general.

- 3 -