DOJ directs agents to intervene in excessive force cases, first change in policy in 18 years

WASHINGTON – The Justice Department is directing federal agents to intervene if they witness law enforcement officers using excessive force, marking the first change in Justice policy governing the use of force in 18 years.

Attorney General Merrick Garland outlined the new policy in a memorandum that applies to all department law enforcement components: the FBI, Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, U.S. Marshals Service, Bureau of Prisons and the Inspector General's Office.

The change, which takes effect July 19, comes nearly two years after George Floyd died on a Minneapolis street while pinned under the knee of a police officer as other other officers failed to stop the abuse.

Floyd's death sparked national outrage and a social justice movement that prompted renewed examinations of law enforcement operations in the communities they serve.  

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"Officers will be trained in, and must recognize and act upon, the affirmative duty to intervene to prevent or stop, as appropriate, any officer from engaging in excessive force or any other use of force that violates the Constitution, other federal laws, or Department policies on the reasonable use of force," the memo states.

The attorney general's directive, first reported by the Washington Post, also requires that officers "recognize and act upon, the affirmative duty to request and/or render medical aid" when needed.

"It is the policy of the Department of Justice to value and preserve human life," the memo states. "Officers may use only the force that is objectively reasonable to effectively gain control of an incident, while protecting the safety of the officer and others..."

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The Justice policy only applies to its law enforcement agencies, but the directive is similar to other actions taken by state and local police.

The International Association of Chiefs of Police, the nation's largest coalition of police leaders, has urged agencies to both adopt intervention policies and guard officers from possible retaliation when they do so.

"However, policy alone cannot be effective unless it is backed by an organizational culture where peer intervention is actively encouraged and rewarded," the IACP said in a 2020 review titled Peer Bystander Intervention in Law Enforcement Agencies.

"The foundation of peer bystander intervention for police is that officers can have a powerful and positive impact on the actions of their fellow officers. An agency culture that supports peer intervention means that officers are empowered to speak up, regardless of rank, to let a colleague know that they are about to make a mistake that could impact the officer, their family, their career..."

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