Resources About Legal Issues, Legislation, & Court Cases
Body-worn cameras can’t replace an officer’s perceptions, but they can be extraordinarily valuable when they confirm the presence of weapons, capture resistance, and verify de-escalation attempts. What’s more, it is expected that the presence of cameras encourages people on both sides of the lens to be the best version of themselves as they interact.
Body-worn cameras and transparency: Experimental evidence of inconsistency in police executive decision-making
Body-worn cameras (BWC) have diffused rapidly throughout policing as a means of promoting transparency and accountability. Yet, whether to release BWC footage to the public remains largely up to the discretion of police executives, and we know little about how they interpret and respond to BWC footage – particularly footage involving critical incidents.
The Newton County, Georgia, Sheriff’s Office (NCSO) is the primary law enforcement authority in Newton County, Georgia. Newton County began its body-worn camera (BWC) implementation in 2015 when it received its first BWC Policy and Implementation Program (PIP) grant; Newton County received a second BWC PIP grant in 2017 to expand its BWC program.
In-View Commentary for the Commonwealth of Virginia Public Defenders: Effects of Police BWCs on Public Defenders
As the number of law enforcement agencies equipping officers with BWCs increases, so too has the amount of BWC research (Gaub & White, 2020; Lum, Stoltz, Koper, Scherer, & Scherer, 2019; White & Malm, 2020). However, these studies have almost exclusively focused on the effects of the technology on police behavior, policy, and practice. But BWCs have created a ripple effect throughout the criminal justice system, and the effects on other actors—especially in the courtroom—have been noticeably understudied.
In the past five years, body-worn cameras (BWCs) have disseminated widely and rapidly to police departments across the United States (White & Malm, 2020). In 2013, only one-third of agencies had some form of BWC program, most of which were small-scale pilot programs of the relatively new technology (Reaves, 2015). By 2016, about half of agencies had BWCs, including nearly 80% of large agencies (more than 500 sworn personnel) (Hyland, 2018). The push for BWCs came at a time when there was a severe dearth of research from which to draw guidance or best practices.
On November 19th at 12:00 PM ET, the BWC TTA provider hosted a webinar on body-worn cameras (BWC) in the medical field and discussed how these programs can work within HIPAA. The webinar provided insights and experiences regarding how body-worn camera programs have or have not impacted police agencies as they relate to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Since the introduction of HIPAA, many police officers have not received training on the act or operate under misinformed assumptions on how HIPAA relates to obtaining information in a medical setting.
Digital evidence integration has become an emerging topic of discussion as law enforcement agencies around the country increasingly deploy body-worn cameras (BWC). Linking data repositories of videos with the relevant case files in order for them to be usable for investigations and prosecutions has become a challenge for many agencies and their justice stakeholders. In direct response to this emerging trend and need, the BWC Training and Technical Assistance (TTA) program has developed various resources that address this topic.
In View Commentary: Prosecutorial and Public Defender Perceptions: Anticipated Impact of Police Body Worn Cameras on Jurors' Decision Making
This research studies how prosecutors and public defenders (PDs) in three counties adapt to body-worn cameras (BWCs) in their everyday practice and the perceived value of BWC video as evidence in their cases. More specifically, the researchers consider prosecutorial and PD notions regarding the effect of BWC footage on jurors’ expectations and the effect of BWCs on juror decision making.
In 2017, the Fairfax County (Virginia) Police Department, known as FCPD, decided to launch a pilot implementation of body-worn cameras (BWCs) to learn what the technology involved, the response of its officers to it, what community members and local organization leaders would think, and the changes in policing practices and outcomes that would occur. Some police agencies in the Metropolitan Washington, DC area had already adopted BWCs and there was a push nation-wide to implement them quickly in the face of numerous high-proﬁle and controversial interactions between police and citizens.