State reforms have improved transparency in policing

Growing concern among policymakers and the public alike over civilian deaths—disproportionately of Black individuals—at the hands of law enforcement has created momentum for reform. In the last several years, state legislation has established detailed reporting requirements to document police encounters and use-of-force incidents. As California continues its efforts to improve police transparency and accountability, we examine what the existing data can—and cannot—tell us about these serious issues.

Given the inherent risks of working in law enforcement, officers are legally able to use force as needed to make an arrest, and protect themselves and others from harm. Most incidents involving use of force are not considered misconduct. Nevertheless, civilian fatalities and injuries—particularly of unarmed individuals—can damage the public’s trust in law enforcement.

About 195 people die each year from interactions with California law enforcement. When compared with crowdsourced data, data from the California Department of Justice capture most of these fatalities, though vehicle-related deaths are one notable exception.
Gunshots are by far the most common cause of death. Nearly 250 people are shot by police each year.
Officers may respond to riskier environments with greater force. Encounters with armed individuals account for about 80 percent of incidents resulting in civilian deaths or gunshot wounds.
Among incidents resulting in any kind of serious injury, more than half (56%) involve unarmed civilians. Moreover, 15 percent of these encounters occur during vehicle and pedestrian stops, often lower-risk interactions. Overall, fatalities of unarmed civilians in police encounters occur about half as often as fatalities of armed civilians.
Behavioral health issues are prevalent. More than four in ten people treated for non-fatal gunshot wounds from a police encounter were diagnosed with a mental health condition, a drug- or alcohol-use disorder, or both. Methamphetamines are by far the most common drug used, and schizophrenia is the most common mental health condition recorded.

Police use of force disproportionately affects Black people

Public protests calling for police reform have often centered on racial inequities and the disparate impacts on Black communities in particular. The racial disparities are stark. Black Californians are three times more likely to be seriously injured, shot, or killed by police (comprising 18% of these incidents) relative to their share of the population (6%). Latinos are also overrepresented among police encounters that result in serious injuries or fatalities.

Our analysis of police stops further shows how persistent these disparities in police use of force are for Black Californians—adjusting for contextual factors, such as the reason for the stop and whether the civilian was armed, narrows but does not eliminate this gap. Latinos, Asians and Pacific Islanders, and Native Americans and multiracial Californians also see disparities in certain kinds of police use of force, such as when an officer uses a weapon.

Data on arrests shed light on police misconduct

Misconduct refers to any incident deemed outside of the officer code of conduct and may not involve the use of force at all (e.g., obstructing justice or engaging in other illegal acts). Current information on misconduct is limited, but a national database on arrested officers provides important insight.

About 80 California law enforcement officers are arrested each year, out of more than 78,000 officers. Assault is the most common reason for arrest, followed by driving under the influence, rape, and fondling. Nearly 40 percent of arrests are for alleged offenses that took place when the officer was on duty. Note that arrests do not capture the full range of misconduct cases.

Where do we go from here?

Improve existing data. The state should consider requiring that the new use-of-force data encompass all instances where an officer’s actions result in serious bodily injury or death, including car accidents or pursuits. Additionally, conducting routine audits—including comparisons with other available data resources—could help improve data quality.

Develop a public database on misconduct. As misconduct and decertification records become more available due to recent state legislation, existing data on officer arrests can serve as a framework for how to structure a detailed, de-identified public database on police misconduct. This would be an important step in the state’s efforts to improve transparency and accountability in policing.

Evaluate reforms. Studying how recent policy changes affect use of force, crime, and racial disparities can help the state develop effective solutions to reduce civilian fatalities and injuries, maintain public and officer safety, and address inequities. Some critical areas for study include training related to new deadly force standards, initiatives to reduce law enforcement involvement in traffic violations, and pilot programs that deploy social workers in incidents involving a mental health crisis.

About the Authors

Deepak Premkumar is a research fellow at the Public Policy Institute of California, where he specializes in the intersection of race, criminal justice, and health. Through the lens and tools of an economist, his recent work examines the broader effects of police use-of-force and social costs of policing. He aims to provide an empirical guide to understand the determinants of disparities in the legal and health systems, while investigating policies to alleviate them. He has published a book chapter, co-written with Justin McCrary, in The Cambridge Handbook of Policing in the United States. His research has received support from Horowitz Foundation, and the Center for the Study of Law and Society, where he was a Berkeley Empirical Legal Studies Fellow from 2018–2019. He received his PhD in agricultural and resource economics from University of California, Berkeley.

Alexandria Gumbs is a data visualization analyst at Alluma, a non-profit organization that provides technology solutions for government programs. Previously, she was a research associate at the Public Policy Institute of California, where she focused on criminal justice issues. Prior to PPIC, she conducted research on voter participation and the availability of public transportation. She holds a BA from Princeton University’s Woodrow Wilson School of Public and International Affairs.

Shannon McConville is a research fellow at the Public Policy Institute of California. Her research interests include health care access, utilization, and outcomes among vulnerable populations and the impact of vocational training programs on economic mobility. Her current work focuses on examining safety net programs, assessing the effects of Medicaid coverage expansions on individuals involved with the criminal justice system, and analyzing the employment outcomes and economic returns of career technical education. Before joining PPIC, she was a research training fellow in the Health Services and Policy Analysis doctoral program at the University of California, Berkeley; a senior research associate at the Department of Health Research and Policy at Stanford University; and a project manager at the Lewis Center for Regional Policy Studies at the University of California, Los Angeles. She holds a master’s in public policy from the University of California, Los Angeles.

Renee Hsia is a professor and director of Health Policy Studies in the Department of Emergency Medicine at University of California, San Francisco, associate chair of Health Services Research in the Department of Emergency Medicine, and director of The PLACE (The Policy Lab for Acute Care and Emergencies). She is also a core faculty member of the UCSF Philip R. Lee Institute for Health Policy Studies (IHPS), as well as a member of the UCSF Center for Healthcare Value and the UCSF Global Health Economics Consortium. She is certified by the American Board of Emergency Medicine and provides emergency care to patients with a variety of backgrounds as an attending physician in the emergency department at the Zuckerberg San Francisco General Hospital & Trauma Center. She holds an MD from Harvard Medical School and a master’s in health policy, planning, and financing from the London School of Economics.

Vicki Hsieh is a senior editor at the Public Policy Institute of California. She works with the research staff to publish clear and compelling reports, briefings, and other documents for a broad audience—including state legislators, policy experts, and the media. Before joining PPIC, she worked at Hanover Research as a project manager and editor in K-12 and higher education research. She holds a PhD in comparative literature from the University of California, Irvine, and BAs in comparative literature and psychology from Cornell University.