Statement of Congressman Cohen in Anticipation of President Obama's State of the Union Speech

Press Release

Date: Jan. 11, 2016
Location: Washington, DC

Congressman Steve Cohen (D-TN), the Ranking Member of the House Judiciary Subcommittee on the Constitution and Civil Justice, today released the following statement on the eve of President Obama's State of the Union Address.

"I look forward to hearing President Obama speak on criminal justice reform tomorrow night at the State of the Union," said Congressman Cohen. "There is a real bipartisan opportunity this year for progress. The House and Senate Judiciary Committees have already approved bipartisan sentencing reform bills, but there is more work to be done. I hope the President will highlight additional ways we can work together help restore trust in our criminal justice system. I believe the use of independent prosecutors for instances in which police use of deadly force results in death or injury would go a long way toward that. Asking local prosecutors to investigate the same local police with whom they work so closely is a conflict of interest. That's why we introduced the Police Training and Independent Review Act, which continues to gain support both inside and outside of Congress. I am urging my colleagues to pass this legislation before this unique bipartisan window of opportunity closes."

Earlier this year, Congressman Cohen along with Congressman Lacy Clay (D-MO) (whose district includes Ferguson, MO) introduced H.R. 2302, the Police Training and Independent Review Act -- a bill recently endorsed by the Chicago Tribune, following investigative coverage on ABC 7 Chicago (WLS-TV). The bill would withhold full federal funding for law enforcement if independent prosecutors are not used for cases in which police use of deadly force results in death or injury. The bill would also withhold full federal funding if police are not trained on a variety of issues including mental health. It is supported by the NAACP.

The bill currently has 59 cosponsors in the U.S. House of Representatives, including House Judiciary Ranking Member Rep. John Conyers (D-MI), Chairman of the Congressional Black Caucus Rep. G.K. Butterfield (D-NC), and civil rights icon Rep. John Lewis (D-GA).

UPI, the New Republic and the Hill have also recently reported on the bill:

Earlier this year, New York Governor Andrew Cuomo began requiring the use of an independent prosecutor for police killings. See NY Times: Cuomo to Appoint Special Prosecutor for Killings by Police

The Police Training and Independent Review Act addresses a key recommendation included in President Obama's Taskforce on 21st Century Policing's final report: (See Action Item 2.2.3 inhttp://www.cops.usdoj.gov/pdf/taskforce/TaskForce_FinalReport.pdf -- on p. 21 of the final report):

"2.2.3 Action Item:

The task force encour­ages policies that mandate the use of external and independent prosecutors in cases of police use of force resulting in death, officer-involved shootings resulting in injury or death, or in-custody deaths.

Strong systems and policies that encourage use of an independent prosecutor for reviewing police uses of force and for prosecution in cases of inappropriate deadly force and in-custody death will demonstrate the transparency to the public that can lead to mutual trust between community and law enforcement."

Congressman Cohen called for a U.S. Justice Department investigation into the Darrius Stewart case in Memphis. That investigation is ongoing.


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