The three branches of the federal government are responsible for ensuring that policing meets constitutional standards:

Judicial Branch (courts):

• • • District courts handle civil and criminal trials within the federal court system.
    • Circuit courts take appeals from the federal district courts.
    • The U.S. Supreme Court is the highest court in the American judicial system. It interprets how the U.S. Constitution applies to law enforcement.

The Legislative Branch (Congress):

• • • Members of the U.S. Congress (the Senate and House of Representatives) introduce and pass legislation regulating law enforcement agencies.
    • Members of the U.S. Congress place conditions and priorities on federal funding for state and local law enforcement agencies.

The Executive Branch (President):

• • • The president serves as the chief executive and is responsible for executing and enforcing laws set by Congress.
    • The U.S. Department of Justice (DOJ):
      • Investigates and sues police departments in court for systemic constitutional violations and to reform policies and practices.
      • Prosecutes government actors, including police officers, for criminal conduct.
      • Issues regulations and policies for federal law enforcement agencies, such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), U.S. Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (Border Patrol).
      • Places conditions and priorities on federal funding for state and local law enforcement agencies.

• • Voters and members of the public
  • The U.S. Constitution
  • Party leadership

• • The president
  • U.S. attorney general
  • Members of the U.S. Congress
  • The U.S. Department of Justice Civil Rights Division
  • The U.S. Department of Justice Bureau of Justice Assistance

• Have primary responsibility for policing and safety.
• Are responsible for protecting the rights guaranteed by state constitutions.
• Pass laws setting general standards for law enforcement agencies, including certification of police officers; stops, searches, and uses of <span aria-describedby="tt" class="glossaryLink " data-cmtooltip="
  Force
  The application of physical strength for coercive purposes. Police use of force can range from the use of hands, legs, batons, or other equipment, including vehicles, handcuffs, restraints, pepper spray, tear gas, water cannons, canines, Tasers, and firearms.
  ">force; and investigations of officer misconduct.
• Can mandate or incentivize policy change through conditions on state funding.
• Can require that police departments collect data and establish task forces to oversee compliance with legislative standards.
• Pass criminal laws, including laws criminalizing officer misconduct.
• Fund and oversee state police departments.
• Through state attorneys general, can independently investigate officer misconduct and intervene in local law enforcement issues that violate state constitutions.

• • Voters and members of the public
  • State and federal constitutions
  • Party leadership

• • Governors
  • State attorneys general
  • State legislators
  • State budget offices
  • State law enforcement oversight and licensing agencies

• In most cities and towns, mayors appoint and oversee the heads of police departments (i.e., chiefs of police).
• At the county level, and particularly in rural and unincorporated areas, police departments are typically run by elected law enforcement officials (i.e., sheriffs).

Chief of police

• • Appointed by the mayor
  • Serves as the chief administrative officer
  • Jurisdiction over a municipal (city or town) police department

Sheriff

• • Elected by community members
  • Appoints deputies
  • Oversees the county jail
  • Jurisdiction over county (unincorporated areas outside of municipal jurisdiction) police department

• City, town, or county legislatures have authorities including:
  • Regulate policing in ways that do not conflict with state laws and do not infringe on the mayor’s or police chief’s powers.
  • Control the budget and other resources allocated to the police department, including approving purchases of large items and equipment.
  • Mandate data collection and reporting and conduct oversight hearings regarding a law enforcement agency’s activity.
  • Create and fund police department oversight mechanisms, such as short-term commissions and task forces, or permanent offices, such as an inspector general, independent monitor, or community/<span aria-describedby="tt" class="glossaryLink " data-cmtooltip="
    Civilian Oversight Board
    A formal collection of community members that aim to hold police officers and police departments accountable for their actions and policies. Oversight bodies should represent all sectors of a community, including those disproportionately targeted by policing.
    ">civilian oversight board.
  • Empower existing city officials, like an ombudsperson or public advocate, to monitor the police department’s activities and receive complaints.

• • Voters and members of the public
  • City and county charters and ordinances
  • The mayor or city manager (if applicable)
  • The leader of the local legislature (council president or speaker)
  • Party leadership

• • The mayor
  • City managers (if applicable)
  • County executives
  • Agency heads
  • The sheriff
  • Local legislators
    • City council
    • Board of supervisors
  • Independent oversight bodies

• The sheriff or police chief (sometimes called the commissioner or superintendent of police):
  • Creates and enforces departmental policies.
  • Typically determines disciplinary action and accountability for violations of policies.
  • Sets operational and enforcement priorities.
• Commanders are law enforcement officials who are responsible for a particular geographical area or department and set priorities for that area or department.
• Supervisors, such as sergeants, oversee individual officers in their day-to-day activities.

• • The mayor
  • Local legislators
  • State and federal constitutions
  • City and county charters and ordinances
  • Departmental policies
  • Independent oversight bodies
  • Members of the public

• • The police chief
  • Sheriff

• The District Attorney (DA) is responsible for prosecuting state and local criminal offenses. The DA can:
  • Prosecute or decline to prosecute criminal conduct by officers.

• • Voters and members of the public
  • State and federal constitutions
  • City and county charters and ordinances

• • District attorney

• Oversight bodies include:
  • Commissions and task forces: These are established by the mayor or local legislature, typically for a limited period of time, and have a narrow mandate to investigate a particular issue (such as <span aria-describedby="tt" class="glossaryLink " data-cmtooltip="
    Profiling
    The act of generalizing a person or group of people based on personal attributes. In the policing context, profiling refers to the act of presumingthat a person or group of people are involved in criminal activity. Profiling can be based on intentional discrimination or widely held biases and beliefs that certain types of people are more likely to break the law or do harm than others.
    ">profiling or use of force) or department practices more broadly. These bodies can recommend changes to policing but have no power to ensure implementation.
  • Independent oversight offices and agencies: These may be established by mayors or local legislatures as a permanent office that can:
    • Independently investigate individual complaints and recommend discipline.
    • Review the results of internal police department investigations of individual complaints and recommend discipline.
    • Review department policies and practices and recommend changes.
    • Review investigation procedures, analyze patterns of complaints and discipline, and investigate.

• • Appointing body (mayor or local legislature)
  • Local legislature (for funds expended)
  • Complainants
  • Police department
  • Members of the public

• • Head of the agency
  • Board members (if applicable)
  • Head of investigations
  • Director of policy (if applicable)

Police unions advocate for and represent their members in:

• Negotiating union contracts, including provisions on discipline and accountability.
• Protecting officer rights.
• Offering services and benefits to member officers (i.e., life insurance, disability benefits, counseling services, legal representation).

• Union members

• Union president and officers