Police Brutality

Incidents such as the 2020 police killing of George Floyd in Minnesota have put a spotlight on police brutality in the United States.   

There is no legal definition of police brutality.  The term generally includes the excessive use of force by police, whether or not that force rises to the level of criminal assault.

Notable events in NH

There are some well-known cases of police brutality in New Hampshire.

For example, two Seabrook police officers were fired in 2014 after video surfaced of them shoving a suspect head-first into a wall and then pepper-spraying him while he lay on the ground.  One of the officers served 21 days in jail after pleading guilty to simple assault.

In 2016 a New Hampshire state trooper was filmed by a news helicopter beating a suspect in Nashua after a high-speed chase.  That trooper pled guilty, received a suspended jail sentence, and agreed to never again work in law enforcement.

Accountability for law enforcement

Local level

Local police departments in New Hampshire each have their own policy about when to use different levels of force.

Under current laws and rules, a New Hampshire police officer who witnesses misconduct should report it to a superior officer. Any member of the public can also report misconduct to local officials.

The agency employing the potential offender then conducts an internal affairs investigation. This investigation can result in discipline such as a suspension. If the misconduct is criminal (such as theft or sexual assault) there is also a criminal investigation that can result in criminal charges.

If an officer is suspended for more than one day, or convicted of a crime, by rule the department employing the officer must report it to the state Police Standards and Training Council.

State level

The New Hampshire Police Standards and Training Council (PSTC) is responsible for training and certifying law enforcement officers in New Hampshire. After receiving a report of an officer’s misconduct, the PSTC can suspend or revoke an officer’s certification, which prevents that officer from working in law enforcement anywhere in New Hampshire.

The New Hampshire attorney general must also investigate every officer-involved shooting in the state. 

According to an analysis by the Concord Monitor, New Hampshire police shot 32 civilians from 2005 through 2016.  The attorney general found all but three shootings were justified.  

Federal level

The U.S. Department of Justice also has the power to prosecute law enforcement officers for misconduct that violates a person’s civil rights.  That includes physical assault, sexual misconduct, etc.

Commission on Law Enforcement Accountability, Community and Transparency

In June 2020 Gov. Sununu established the Law Enforcement Accountability, Community and Transparency (LEACT) Commission. The commission was tasked with examining police training, procedures related to police misconduct, the relationship between law enforcement and the community, and so on.

The LEACT Commission issued a report with over forty recommendations in August 2020. Those recommendations covered everything from requiring police training on implicit bias to establishing a new, independent statewide entity to receive complaints alleging law enforcement misconduct. Some of these recommendations required legislative action, while others could be immediately implemented by the PSTC or other state agencies.

The LEACT Commission has published dashboards tracking the status of each recommendation. Several recommendations were included in 2021 bill SB 96, but Republican legislators removed some parts of that bill. For example, the Senate removed a provision that would allow people to voluntarily include their race on their driver’s licenses; that data could be used to analyze racial bias in police stops.

Some areas of debate

“Laurie list” of officers with credibility issues

For years the state Attorney General has maintained a list of officers whose credibility might come into question during a trial, known as the “Laurie list.” The formal name for the list is the Exculpatory Evidence Schedule. An officer can land on this list for use of excessive force, falsifying reports, lying in court, sexual harassment, and so on. Prosecutors have to share this information with the courts when an officer on the list testifies. Historically the public did not have access to the full list in order to protect the privacy of officers.

In 2020 the New Hampshire Supreme Court ruled that the Exculpatory Evidence Schedule is not confidential and may be subject to the Right-to-Know Law. A 2021 bill, HB 471, also makes the list public.

Body cameras

Police departments around the United States, including departments in New Hampshire, are starting to use body cameras to record officers’ activity on the job.

Ideally body cameras provide clear evidence if an officer did or did not use excessive force.  Body cameras therefore discourage police brutality and false accusations of brutality.

Some people are concerned about the negative impact body cameras have on privacy for officers, victims, and bystanders.

New Hampshire law regulates the use of body cameras, for example requiring officers to turn off cameras during strip searches.  State law does not require law enforcement officers to wear body cameras.

Military equipment

The federal government makes some military equipment, such as armored vehicles, available to local police departments. 

Opponents believe this equipment, which can even include grenade launchers and bayonets, enables police departments to react to situations with excessive force.  As a result, New Hampshire legislators have considered several bills that would limit the ability of police departments to acquire military equipment.  No such limits have become law.

Law enforcement argues that military equipment increases the safety of officers.  Heavy duty vehicles also allow local officers to help more during natural disasters.

Similar legislative proposals would ban the use of rubber bullets and/or tear gas against unarmed protestors.

Independent/public investigations of misconduct

As noted above, right now local law enforcement agencies are responsible for investigating officer misconduct. They must report severe cases to the PSTC. Historically these investigations and PSTC hearings have not been open to the public.  In 2021 a New Hampshire judge ruled that the PSTC must make hearings related to police misconduct open to the public, with rare exception.

There have been legislative proposals that would require all reports of police misconduct to go straight to the PSTC. Ideally this would reduce bias in local investigations and increase transparency. However, the PSTC was not created to be an investigative agency. There are also concerns about the right of officers publicly accused of misconduct to defend themselves.

In 2020 the LEACT Commission recommended that New Hampshire instead create a new, independent entity to investigate all reports of police misconduct. The entity would be staffed by attorneys and investigators and include community members. All law enforcement agencies would have to report alleged misconduct to this entity. Investigative findings would be public. There would be a right to appeal to the state Supreme Court. The New Hampshire Legislature created a commission to study this idea in 2021.

The idea of an independent entity has some overlap with the concept of civilian review boards. These groups, established in some other towns and cities in the U.S., involve members of the public when investigating police misconduct and setting department policies. 

Ideally such civilian review boards eliminate any bias in investigations and improve transparency around police misconduct. Opponents argue civilians are not qualified to evaluate police policies and conduct.

New Hampshire state law does not require police departments to use civilian review boards, although towns and cities may choose to use them.

Defunding the police

The Black Lives Matter Foundation, Inc., the American Civil Liberties Union, and other groups have called for governments to cut police budgets and instead spend that money on schools, affordable housing, health care, or other community programs.

Supporters argue that police resources should be focused on serious offenses such as sexual assault, murder, and burglary – not petty theft, drug use, speeding, or other minor crimes. When police enforce those minor crimes, it creates more opportunity for biased policing and unnecessary violence. (George Floyd was handcuffed by police for allegedly spending a counterfeit $20 bill.)

Opponents are concerned that cutting law enforcement budgets could lead to an increase in crime. Police departments may also spend less on training if they are forced to make budget cuts. Instead of cutting police budgets, lawmakers could redirect funds towards more training and enforcement of major crimes.

So far there have been no major legislative efforts to decrease funding for the New Hampshire state police. Municipal police budgets are set at the local level.

Mental health

According to an analysis by the Concord Monitor, about one-third of the civilians shot by New Hampshire officers between 2005 and 2016 had a possible mental illness.  Some advocates believe that police would have fewer violent encounters with people suffering from a mental illness if the state supported more mental health services.

Learn more about funding for mental health in New Hampshire