Consent decrees are a blunt instrument for enacting police reform. The approach has proven ill-suited at enacting effective change in law enforcement agencies. These coercive reforms face institutional resistance from departments and their personnel and fall victim to mission creep from the unaccountable lawyers, judges, and bureaucrats who oversee the design and later the implementation of the reforms. The situation worsened significantly as the Obama Administration increased the use of consent decrees, a policy resumed under the Biden Department of Justice.
Often built on limited and flimsy evidence, the Justice Department’s allegations against police agencies put local jurisdictions in a near impossible position to contest civil rights violations findings.
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