{"id":4185,"date":"2023-01-10T19:36:05","date_gmt":"2023-01-10T19:36:05","guid":{"rendered":"https:\/\/chicagocouncil.org\/staging\/1601\/?p=4185"},"modified":"2023-01-11T19:00:07","modified_gmt":"2023-01-11T19:00:07","slug":"fear-and-silence","status":"publish","type":"post","link":"https:\/\/chicagocouncil.org\/staging\/1601\/fear-and-silence\/","title":{"rendered":"NEW REPORT: Fear and Silence \u2013 How Culture, Policy, and the \u201dWin At All Costs\u201d Mentality Allows Police Testilying to Thrive"},"content":{"rendered":"\n

Chicago Appleseed Center for Fair Courts and Chicago Council of Lawyers work together to seek evidence-based solutions to social injustices. In early 2022, we began researching the issue of false reporting and police perjury \u2014 sometimes known as \u201dtestilying\u201d \u2014 in Circuit Court of Cook County. Our final report,\u00a0Fear and Silence: How Culture, Policy, and the \u201dWin At All Costs\u201d Mentality Allows Police Testilying to Thrive<\/a><\/em>, has now been published. The discussion of topics in this report covers issues in Cook County and throughout the state of Illinois, but primarily focuses on policing in Chicago.<\/strong><\/h4>\n\n\n\n

\u201dPolice perjury\u201d refers to the specific act of an officer lying in court, whereas \u201cfalse reporting\u201d refers to any time an officer lies in their official capacity as law enforcement. Although there are numerous protections in place that are meant to prevent police perjury \u2013 such as the Chicago Police Department\u2019s (CPD) Rule 14<\/a>, which explicitly prohibits CPD officers from making false statements or written reports \u2013 these protections are often ineffective or compromised. Scholarship routinely demonstrates that police officers frequently misstate facts or lie in court proceedings. Police officers are present at crime scenes and investigations when attorneys, judges, and juries are not, and as a result, the public must rely on officers\u2019 stories when arbitrating questions of guilt or innocence in court. The willingness to accurately recount events that occur outside the courtroom is essential to ensuring fair outcomes for people affected by injustice and police officers are widely seen as credible informants on these events.<\/p>\n\n\n\n

Whenever a law enforcement official deliberately chooses to misrepresent facts that are known to them, they create unnecessary barriers to justice that deeply harm individuals, families, and whole communities.<\/strong><\/h3>\n\n\n\n

Our\u00a0report<\/a>\u00a0examines personal narratives and hard data to understand how and when opportunities for police to misstate the truth or outright lie arise; what perpetuates these opportunities; and what can be done by institutions and the community to reduce the court\u2019s reliance on inaccurate testimony. The extremely high rate of exonerations in Cook County is a clear indicator of how rampant police dishonesty is in our community, specifically. According to 2017 census data, Cook County\u00a0leads the country in total number of exonerations<\/a>: over 230 since 1989; per capita, Cook County ranks second nationally in number of exonerations. Of all exonerations in Illinois since 1989, 78% are labeled by\u00a0The National Registry on Exonerations<\/a>\u00a0with \u201cperjury\/false accusations\u201d as contributing factors. In the perjury-related cases where the wrongfully-convicted person was eventually exonerated, 45% of cases were for drugs and 43% were murders.<\/p>\n\n\n\n

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Data in Figure 2 is from\u00a0The National Registry of Exonerations<\/a>\u00a0and includes all federal and non-federal exonerations as of October 3, 2022.<\/sup><\/em><\/figcaption><\/figure>\n<\/div>\n\n\n
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Police perjury and false reporting is an endemic aspect of the Cook County legal system. The Chicago Police Department, especially, has a long and disturbing history of ignoring police misconduct and rewarding cops who act unethically. When system stakeholders or community members call out perjury and false reporting, the CPD has been known to cause harm to whistleblowers.<\/p>\n\n\n\n

While most experts believe that it is a very common occurrence, the frequency of police perjury and false reports are difficult to quantify because it often goes unrecognized and unpunished. Available data suggests that although many official complaints about police dishonesty do result in recommended discipline, substantial percentages of these complaints do not. The Invisible Institute\u2019s Citizens Police Data Project<\/a>, which collects data on police complaints and discipline released in litigation or in response to Freedom of Information Act (FOIA) requests in Chicago. The database includes 247,161 allegations spanning from 1988 to 2018; of these, only 7% of allegations resulted in any discipline. Just nine reports mention \u201cperjury\u201d in the context of one or more officers being accused of perjury, of which six were sustained or resulted in recommended consequences for the officer.<\/p>\n\n\n\n

Likewise, the Civilian Office of Police Accountability (COPA), which acts as the civilian oversight agency of the Chicago Police Department (CPD), releases data<\/a> on the number of allegations against police officers that are \u201csustained.\u201d In 2021, COPA notes that 16.9% of closed cases related to allegations of improper searches or seizures, 94.7% were allegations of court violations, and 78.3% allegations of false reports were sustained.<\/p>\n\n\n\n

Beyond the impact on individuals, police perjury affects communities\u2019 and society\u2019s perceptions of \u201cjustice.\u201d Likewise, police perjury and lying in Chicago affects the community because of the enormous sums that taxpayers spend on settling police misconduct lawsuits. The City of Chicago spent $173,852,871 related to false arrests or false reports between 1981 and 2016; from 2003 to 2016, cases related to illegal search and seizure<\/a> cost $10,443,078. From 2017 and 2020 alone, the City of Chicago paid over $227 million in police misconduct lawsuits<\/a> with 21% of cases having false arrest as its primary cause category (although only 4% of lawsuit payouts go towards false arrests).<\/p>\n\n\n\n

This money could have been spent on bettering our public schools, our infrastructure, mental healthcare, or other positive community-based interventions, but instead, it was required to alleviate the consequences directly caused by police officers\u2019 misconduct. Taken together, these sources paint a clear picture of systemic police lying at a significant cost to community members.<\/p>\n\n\n\n

Generally,\u00a0our findings<\/a>\u00a0describe perjury and false reports as an entrenched feature of our local law enforcement system. Police perjury is an \u201copen secret\u201d within the Circuit Court of Cook County and larger legal system that has devastating consequences for its victims and undermines court legitimacy.<\/strong><\/h3>\n\n\n\n

Although court actors we interviewed were very aware of the existence of police perjury, they often expressed a perceived powerless to change it. The five major themes identified in our research are as follows:<\/p>\n\n\n\n

    \n
  1. Police exert control over a \u201ccollective culture\u201d in the courts that prevent them from facing consequences for lying<\/strong>. This \u201ccollective culture\u201d fosters \u201ca teammate effect\u201d between the police and court actors \u2013 such as prosecutors and judges \u2013 who, in theory, have the power to hold police accountable but minimal incentive to do so.<\/li>\n\n\n\n
  2. The \u201ccode of silence,\u201d which encourages cops to lie is endemic to the culture of the Chicago Police Department. <\/strong>CPD, specifically, has a deeply-entrenched \u201ccode of silence\u201d that has been around for decades. The \u201ccode of silence\u201d encourages cops to lie to prevent scrutiny and protect themselves and fellow officers and is upheld by institutional practices.<\/li>\n\n\n\n
  3. Body-worn cameras (BWCs) are a tool to better hold police accountable, but they\u2019re not always used correctly.<\/strong> Much of academic literature seems to primarily view BWCs as having a positive impact on policing and exposing police misconduct. Yet, there are many issues that arise in terms of how well police officers utilize BWCs, the consequences cops may face when they fail to use the technology properly, and how, if at all, that footage is exposed to and accessed by the public.<\/li>\n\n\n\n
  4. Brady lists and \u201cDo Not Call\u201d lists are important to avoid relying on testimony of cops who lie, but these lists are underutilized. <\/strong>These lists are compiled by a prosecutor\u2019s office and contain names of cops that have been dishonest in the past and should no longer be trusted. Brady lists and \u201cDo Not Call\u201d lists are very rare, and in Cook County specifically, there is a clear lack of accountability and public transparency with respect to their use.<\/li>\n\n\n\n
  5. Cops who lie rarely face consequences, but the people impacted by these lies are punished severely.<\/strong> While there are rarely punishments for officers who lie, there are devastating consequences for others when perjury occurs: People are wrongfully involved in the legal system or convicted, whistleblowers are ostracized or fired, and judges may even be pushed from power.<\/li>\n<\/ol>\n\n\n\n

    Based on these\u00a0findings<\/a>, we\u2019ve offered several\u00a0recommendations<\/a>\u00a0to alleviate the issue of police perjury and false reporting in Cook County. These recommendations include, among other policy changes: increasing scrutiny around search warrants; ensuring that body-worn and dashboard camera footage is publicly accessible; giving the Office of the Inspector General authority to overrule the Chicago Police Department\u2019s Bureau of Internal Affairs\u2019 disciplinary findings; and creating a commission to investigate the issue and determine ways to to encourage accurate testimony, ensure accountability, and increase trust in the system.<\/p>\n\n\n\n

    Our research shows that police perjury and false reporting are deeply-rooted features of policing in Cook County\u2014especially in Chicago. Police officers have enormous incentives to lie and will continue to do so until the punishments for their actions outweigh the social, financial, and career rewards.<\/strong><\/h3>\n\n\n\n

    While this report has many policy recommendations, prime among them is for the court to create a commission of court actors, advocates, oversight agencies, and community members to encourage accurate testimony in the Cook County Circuit Court. When police perjury and false reporting occurs, it creates cycles of injustice that make court outcomes unfair for individuals (accused people, victims of harm, and their families), make the legal system inaccessible for communities, and reverberate consequences to society at large. In order to remedy this issue, stakeholders must convene with the goal of ensuring that all people involved in the Cook County justice system are met with just and prudent practices.<\/p>\n\n\n\n

    <\/div>\n\n\n\n

    A summary of our report can be found\u00a0here<\/a>\u00a0and our full report is available here<\/a>.<\/strong><\/em><\/h4>\n","protected":false},"excerpt":{"rendered":"

    In early 2022, we began researching the issue of false reporting and police perjury \u2014 sometimes known as \u201dtestilying\u201d \u2014 in Circuit Court of Cook County. Our final report,\u00a0Fear and Silence: How Culture, Policy, and the \u201dWin At All Costs\u201d Mentality Allows Police Testilying to Thrive, has now been published. The discussion of topics in this report covers issues in Cook County and throughout the state of Illinois, but primarily focuses on policing in Chicago.<\/p>\n","protected":false},"author":2,"featured_media":4186,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","footnotes":""},"categories":[78],"tags":[20,12,83,9,94],"class_list":["post-4185","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-collaboration-for-justice","tag-chicago-police-department","tag-collaboration-for-justice","tag-criminal-justice-advisory-committee","tag-police-accountability","tag-pretrial-fairness"],"yoast_head":"\nNEW REPORT: Fear and Silence \u2013 How Culture, Policy, and the \u201dWin At All Costs\u201d Mentality Allows Police Testilying to Thrive - Chicago Council of Lawyers<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/chicagocouncil.org\/staging\/1601\/fear-and-silence\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"NEW REPORT: Fear and Silence \u2013 How Culture, Policy, and the \u201dWin At All Costs\u201d Mentality Allows Police Testilying to Thrive - Chicago Council of Lawyers\" \/>\n<meta property=\"og:description\" content=\"In early 2022, we began researching the issue of false reporting and police perjury \u2014 sometimes known as \u201dtestilying\u201d \u2014 in Circuit Court of Cook County. Our final report,\u00a0Fear and Silence: How Culture, Policy, and the \u201dWin At All Costs\u201d Mentality Allows Police Testilying to Thrive, has now been published. 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Our final report,\u00a0Fear and Silence: How Culture, Policy, and the \u201dWin At All Costs\u201d Mentality Allows Police Testilying to Thrive, has now been published. 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