Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

What will President Biden’s executive order on policing tactics do?

On Behalf of | Jun 13, 2022 | Criminal Defense

Recently, President Joe Biden signed an executive order meant, among other things, to restrict some of the more controversial tactics used by police. The order only applies federal law enforcement, but it could be used as a model for states to provide better guidelines for police officers.

This is arguably the most substantial police reform in years – certainly since the murder of George Floyd by Minneapolis police in 2020. It is certainly a good start towards reforms that are desperately needed if we are to prevent further deaths of innocent people and other miscarriages of justice.

Here are a few of the key reforms:

Limiting use of force: Federal law enforcement is now limited to using force only when “no reasonably effective, safe and feasible alternative appears to exist.” Officers will also be required to de-escalate and will have a duty to stop other officers from using excessive force.

Sharply limiting no-knock entries: These are when law enforcement breaks into a home without knocking first. No-knock entries are generally unfair and have resulted in multiple deaths of innocent people. In the past, officers have been allowed to use this tactic to prevent the loss of evidence, but now they will need reasonable grounds to believe that knocking and announcing their presence would create an imminent threat of physical violence.

Reducing police militarization: This expands on an Obama-era restriction. Federal agencies are now prohibited from transferring certain types of military equipment to local, state and tribal law enforcement.

Banning chokeholds and carotid restraints: These could only be used when deadly force is authorized.

Adding alternatives for crisis responders: This will provide guidance for local, state and tribal officials as they implement alternative first-response models. For example, some local 911 responders are now sending unarmed officers or community crisis workers to calls involving a mental or behavioral health crisis.

Police agency credentialing: Local, state and tribal law enforcement can be credentialed by independent entities, which will allow them to access federal discretionary grants.

Increasing data collection: Federal law enforcement agencies will now report instances of police misconduct or use of force to a national database. Local, state and tribal authorities will receive guidance on contributing similar data to the database.

The executive order doesn’t end there. It is also intended to improve overall training and the process of investigating allegations of civil rights abuses. It aims to create timely and consistent discipline across federal law enforcement agencies, strengthen recruitment, hiring, promotion and retention among officers, and share federal best practices with local, state and tribal authorities.

These are positive steps toward making federal law enforcement safer and more protective of people’s rights. There are still further steps that need to be taken.

Archives

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)