By: Dana Arbogast
In early January of 2023, the epidemic of police brutality reared its ugly head once again when Tyre Nichols, a 29-year-old Black man, was brutally beaten to death by five law enforcement officers in Memphis, Tennessee following a traffic stop. The disturbing body-camera footage serves as a haunting reminder that the loud public outcry for police reform throughout the last decade has not yet been satisfied. The unnecessary violence and subsequent arrests of Nichols’ killers reignited the nationwide conversation surrounding the initiative.
Considering the public murder of George Floyd, in 2022 Tennessee enacted a law requiring law enforcement officers to adopt the duty to intervene in situations involving police brutality towards civilians.[i] They also require police to adopt the duty to de-escalate situations.[ii] Although the failure to intervene provides grounds for termination, it does not prompt criminal penalty as a felony.[iii] Memphis Congressman Steve Cohen has announced plans to revamp a similar proposed federal bill under the new name “The George Floyd-Trye Nichols Justice in Policing Act.”[iv] As for now, Memphis Mayor Jim Strickland has called for help from “outside agenc[ies]” in analyzing the justice processes.[v]
The Oregon Senate provided the first active response to the all too familiar tragedy of Nichols’ unwarranted death by introducing Senate Bill 779 (SB 779).[vi] The proposed bill, sponsored by democratic Congressman Senator Frederick, would require police officers, corrections officers, parole and probation officers, regulatory specialists, and reserve officers to obtain post-secondary education. Law enforcement units employing 50 or more officers would require bachelor’s degrees, while units employing less than 50 would require at least two years of post-secondary education.[vii] Any person employed before enactment of the bill would be required to meet the qualifications within four years of the date of enactment.[viii]
Frederick’s testimony in support of SB 779 points to academic research showing that “. . . [o]fficers with a four-year degree use force less often, use lower levels of force, [and] receive fewer complaints and disciplinary actions . . . .”[ix] The same research proports that a college degree can “improve police legitimacy, professionalism and accountability.”[x]
Critics of the bill almost universally refer to the already-present nationwide shortage in law enforcement recruitment and retention rates.[xi] Many view the bill as another roadblock to accessible police assistance, while others contest the correlation between education and policing abilities altogether.[xii]
SB 779 will be up for review in Oregon’s 2023 regular legislative session.
[i] Tenn. Code Ann. § 38-8-129.
[ii] Tenn. Code Ann. § 38-8-128.
[iii] Tenn. Code Ann. § 38-3-107.
[iv] Kelli Cook, Leaders push to add Tyre Nchols’ name to new police reform bill, WVLT (Feb. 3, 2023), https://www.wvlt.tv/2023/02/04/leaders-push-add-tyre-nichols-name-new-police-reform-bill/.
[v] Id.
[vi] S.J. Res. 779, 82nd Leg. Assemb., Reg. Sess. (Or. 2023).
[vii] Id.
[viii] Id.
[ix] Christie Gardiner, Commentary: Mandate higher education for California police officers, Desert Sun (Mar. 30, 2021), https://www.desertsun.com/story/opinion/contributors/2021/03/29/commentary-mandate-higher-education-california-police-officers/7038771002/.
[x] Id.
[xi] Alma McCarty, Oregon lawmakers propose bill that would require higher education for law enforcement officers, KGW (Feb. 18, 2023), https://www.kgw.com/article/news/local/oregon-bill-require-higher-education-law-enforcement/283-de58ced6-e734-467b-b4c4-c1505a636bde.
[xii] Id.
