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Engaging Prosecutors During BWC Planning, Implementation, and Beyond

This webinar featured National District Attorneys Association (NDAA) Executive Director Nelson Bunn and San Diego Deputy District Attorney and subject expert Damon Mosler. They discussed topics that police departments and prosecutors’ offices should consider during BWC planning and implementation, as well as ways to keep prosecutors involved in the BWC discussion after implementation is complete.

BWC Model Policy: An Aid for Prosecutors

This model policy is created as a guide to prosecutors who are working with law enforcement agencies to implement body-worn cameras. The policy includes “Use Notes,” which present and consider viable alternative policies that may exist for a particular issue. Also accompanying the model policy is a checklist outlining the many issues that should be addressed in a body worn camera policy. This model evolved from a policy originally created by a subcommittee of the CDAA Foundation, headed by David Angel of the Santa Clara County District Attorney’s Office.

In View: Key Trends in Body-Worn Camera Policies

The CNA Corporation, Arizona State University (ASU), and Justice and Security Strategies (JSS) provide training and technical assistance (TTA) to law enforcement agencies that have received funding for body-worn cameras (BWCs) through the U.S. Department of Justice, Bureau of Justice Assistance (BJA) BWC Policy and Implementation Program (PIP). Administrative policy review is a central feature of TTA. The TTA team developed a BWC policy review process to assess the comprehensiveness of BWC policies through a BWC Policy Review Scorecard
 
Because the policy review process assesses comprehensiveness only and is not prescriptive, agencies vary in the way they deal with specific key issues. We recently completed an analysis of the BWC policies for 129 police agencies (covering 54 agencies funded in FY 2015 and 75 in FY 2016). Our analysis examined variation across five dynamic areas: activation, deactivation, citizen notification, officer authority to review, and supervisor authority to review. We examined two additional issues for FY 2016 sites only: camera wearing during off-duty assignments and activation during public demonstrations. The full report can be found online here.  
 
We identified 17 key BWC policy trends across these 7  policy considerations. They are listed below.
 
 Activation
(1) All agencies mandate and prohibit activation for certain types of encounters. No agency allows full officer discretion on BWC activation.
(2) Most agencies (60 percent) allow for discretionary activation under certain circumstances.
 
Deactivation
(3) All agencies provide guidance for BWC deactivation. However, officer discretion is more common for deactivation than activation.
(4) Officer discretion in the deactivation decision is more common in the policies of FY 2016 agencies. 
 
Citizen notification
(5) Less than 20 percent of agencies mandate citizen notification of the BWC. 
(6) About 40 percent of agencies recommend, but do not require, citizen notification of the BWC. 
(7) Mandatory notification is less common in the policies of FY 2016 agencies. 
 
Officer authority to review
(8) Nearly all agencies allow officers to review BWC footage for routine report writing.
(9) Less than 30 percent of agencies allow officers unrestricted access to BWC footage during an administrative investigation.
(10) After a critical incident, more than 90 percent of agencies allow officers to review their BWC footage prior to giving a statement. 
 
Supervisor authority to review
(11) Nearly all agencies permit supervisors to review BWC footage for administrative purposes, such as investigation of citizen complaints and use of force. 
(12) Most agencies give supervisors authority to review line officers’ BWC footage to determine compliance with BWC policy and procedures. Nearly all FY 2016 agencies (93 percent) allow for BWC policy compliance checks by supervisors.
(13) Most agencies give supervisors authority to review line officers’ BWC footage for general performance evaluation. Nearly all FY 2016 agencies (93 percent) allow supervisors to access BWC footage to assess officer performance. 
 
Off-duty assignment (FY 2016 only)
(14) The majority of FY 2016 agencies (69 percent) do not address BWC use during off-duty assignments.
(15) Twenty-eight percent of FY 2016 agencies mandate BWC use among officers on off-duty assignments.
 
Activation during demonstrations (FY 2016 only)
(16) The majority of FY 2016 agencies (71 percent) do not address BWC use during public demonstrations.
(17) Just under 20 percent of FY 2016 agencies require activation and recording during public demonstrations.
 
Though our sample may not be representative of police agencies nationally, the report provides insights into trends in key policy areas, as well as some benchmarks for agencies involved in BWC policy development and assessment. This analysis reinforces the idea that BWC policy should be responsive to local circumstances, as well as the needs of local stakeholders. Moreover, BWC policies should continue to evolve as evidence from research emerges, as states weigh in with policy requirements, and as BWC technology changes.  
 
 

BWC Legislation's

Laws governing how and when police body-worn cameras can be used and whether the footage is released vary considerably across the country. The BWC legislation tracker can be used to find out about passed and pending laws in your state. The tracker will be updated periodically as state laws change.

To view the BWC legislation tracker, click here

BWC Laws

Body-worn cameras are recording devices police officers wear as part of their uniforms to document what they see as they perform their duties. Body cameras continue to be a significant focus for state law makers as they consider and enact legislation to address police-community relations. To date, thirty-four states and the District of Columbia have created laws for body cameras. The body-worn camera laws database provides a list of all thirty-four states along with their specific BWC laws. 

The Benefits of BWCs

Many community stakeholders and criminal justice leaders have suggested placing body-worn cameras (BWCs) on police officers improves the civility of police-citizen encounters and enhances citizen perceptions of police transparency and legitimacy.  In response, many police departments have adopted this technology to improve the quality of policing in their communities. However, the existing evaluation evidence on the intended and unintended consequences of outfitting police officers with BWCs is still developing.

In View: The Impact of BWCs from a Defense Attorney's Perspective

In the era of Law & Order, NCIS, Criminal Minds, and other television crime dramas, the public now expects clear and compelling recordings that document the commission of an alleged crime. At a minimum, they expect to see recordings of the arrival of the police on the scene and footage of the person charged with committing the crime. Body-worn camera (BWC) recordings dwell at the intersection of television drama and real life. But despite the popular imagination, BWC footage is not always the end-all and be-all of a case.

Beyond Arrest: Prosecutor and defense attorney perspectives

We are learning that the implementation of body worn camera (BWC) technology involves more than just the introduction of new technology into law enforcement. The implementation of body-worn cameras is complex and should involve other justice stakeholders such as prosecutors and defense attorneys. Some of the more important issues for police agencies as the implement their BWC programs are the sharing and transferring of video footage while maintaining a chain of custody, accurate resource planning, and understanding how to best use BWC footage for screening cases and/or charges.