Police Chief Magazine|Columns|Chief's Counsel
Chief’s Counsel: Critical Incident Review Board: Creation and Refinement

Now that almost every cellular phone has a camera, scrutiny of law enforcement is higher than ever before. Sites such as YouTube can broadcast the actions of law enforcement worldwide within minutes of a law enforcement contact.

Consistent with the public’s microscopic examination of law enforcement is the expectation that law enforcement agencies will police themselves to ensure that police officers perform in accordance with laws and with departmental policies and procedures.

One way that a law enforcement agency can meet the public’s expectation of effective self-policing is through the establishment of a Critical Incident Review Board (CIRB). The focus of this article is to draw attention to the benefits of a CIRB process and to provide practical tips and guidance to creating or refining one.

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Chief’s Counsel: What Hath the Court Wrought? 

The past year, 2024, has seen the U.S. Supreme Court issue several decisions of importance to police leaders—not just as police officers but as employers and government employees. And there is more ...
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Chief’s Counsel: Officers’ Duty to Intervene

A review of federal court decisions during 2023 confirms that the same principles enunciated in the leading case on the subject, Byrd v. Brishke, which was decided over 50 years ago, are still in pla...
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Chief’s Counsel: Safe and Secure U.S. Elections

The 2024 U.S. General Election will be held on November 5 across all 50 U.S. states. It is impossible to drive down a street, enter a shop, or go for a neighborhood walk without seeing campaign sign...
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Chief’s Counsel: Order in Chaos

Molotov cocktails exploding, bricks smashing into windshields, and the storming of barricades—these chaotic scenes highlight the challenges faced by police personnel during public order events. W...
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Chief’s Counsel: EEOC Pregnant Workers Fairness Act Regulations

The U.S. Equal Employment Opportunity Commission’s (EEOC) Final Regulations interpreting the Pregnancy Workers Fairness Act (PWFA) took effect on June 18, 2024.1 In addition to actual pregnancy, ...
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Chief’s Counsel: Protect and Serve

The first duty of any civilized government is to protect the life and property of its people through its military and justice functions.1 Policing’s first duty then is, and must be, to protect co...
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Chief’s Counsel: Decision-Making for No-Knock Warrants

In Jimerson v. Lewis, the United States Court of Appeals for the Fifth Circuit brought to the forefront the complexities involved in the decision-making processes of supervisory and command-level offi...
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Chief’s Counsel: Disability-Related Inquiries and Medical Examinations by EAP Counselors

The Americans with Disabilities Act (ADA) prohibits a covered U.S. employer (which includes police departments) from making disability-related inquiries or requiring medical examinations of job applic...
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Chief’s Counsel: Don’t Get Your Legal Advice From Robots

Isaac Asimov’s Three Laws of Robotics should be built into all artificial intelligence (AI) programming. The Three Laws provide that a robot may not harm a human being, must obey a human being, a...
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Chief’s Counsel: Our Femininity Is Our Strength

Women in law enforcement are not strong for women, or strong despite being women. They need not be as tough as a man or tougher than men. Women are strong and tough and formidable....
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