☆ CA’n police bias bill’s language confuses

Signed into law this September, AB 2229 hopes to reduce prejudice within the police force by requiring applicants to “pass” a psychological bias evaluation. Critics have wondered if state-mandated “ideological purity tests” could lead to discrimination against certain (e.g., religious) groups. Local law/justice experts parse the bill’s implications below. An Opp Now exclusive.

Opportunity Now: How do you respond to criticism that this bill (and subsequent AB 2547) doesn’t adequately define “bias” and could be used to discriminate against certain religious or ideological groups?

Robert F. Cochran, Jr., Louis D. Brandeis Professor of Law Emeritus at Pepperdine University School of Law: Unfortunately, the word “bias” no longer has any commonly understood meaning. To believe anything is to be “biased” against opposing views. 

Some Critical Race Theory proponents teach that all people (especially privileged people) are guilty of racial bias. Some people believe anyone who disagrees with them is “biased.” To hold almost any religious or political view in the view of some is a matter of bias.

Far better to judge people by their actions. Do they apply the law evenhandedly to the people they encounter and encourage other officers to do so?

Greg Woods, Justice Studies Professor at San Jose State University: It has yet to be determined if detection of "bias" would necessarily preclude an otherwise qualified applicant from subsequently distinguishing themself as an outstanding law enforcement officer.

If we accept "bias" to be a significant problem, violative to the constitution, contributing to the deterioration of trust between law enforcement and communities to be served and protected, then this is a step forward.

All the better if it makes more robust an already highly invasive background investigation process at hiring, so that not only unethical conduct but also extremist ideology, however defined, might be identified and scrutinized. Benefits include offsetting the legal cost of future judgments and settlements for police misconduct and promoting Fitness-for-Duty.

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