Nearly 25 years after the Newark Rebellion, in 1991, the nation once again witnessed what Newark residents had long endured when the videotaped beating of Rodney King exposed police brutality to the world. The protests that followed led Congress in 1994 to pass the Violent Crime Control and Law Enforcement Act. While that law accelerated mass incarceration, it also gave the Department of Justice authority to investigate police departments engaged in patterns of unconstitutional conduct – a foundation for modern consent decrees.
Before, during and after the Rodney King uprising, Newark’s divide with police persisted. In 2010, the ACLU of New Jersey documented hundreds of police misconduct cases between 2008 and 2010 and petitioned the Department of Justice to investigate. The findings were staggering: nearly $5 million in civil rights settlements for false arrest, excessive force and internal accountability failures – clear evidence that the department was violating the rights of the people it had sworn to protect and serve.
In 2014, the Department of Justice confirmed a “pattern and practice of abuse” in Newark’s police department. Two years later, on May 5, 2016, the Department of Justice entered into a Consent Decree with the City of Newark to begin repairing decades of unconstitutional policing.
The Consent Decree required independent oversight. An Independent Monitoring Team was appointed, led by Peter Harvey, New Jersey’s first Black Attorney General, under the supervision of Judge Madeline Cox Arleo of United States District Court for the District of New Jersey. It aimed to address the findings of unlawful police activity by the Department of Justice investigation including unconstitutional policing, theft by officers, unlawful stops and arrests, excessive use of force and retaliation against individuals who exercise their First Amendment rights. The Consent Decree required the Newark Police Division to improve in nearly every aspect of policing including: (1) Bias-free policing; (2) Body-Worn Cameras; (3) Use of Force/Force Reporting; (4) Firearms and Weapons; (5) Stops and Searches; (6) Arrests; (7) Community Policing; (8) Property and Evidence Management/Division; (9) Complaint Intake and Investigation; and (10) Disciplinary Process.
The Independent Monitor selected a team of subject-matter experts, including the Institute, to evaluate each aspect of the Consent Decree. The Institute’s role was to ensure that reform was not simply procedural. Serving as a bridge to the community, the Institute hosted thousands of Newark residents for meetings in each ward across the city, participated in quarterly audits, and ensured that reform remained accountable to residents’ lived experience.