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DEPARTMENT OF LAW AND PUBLIC SAFETY
OFFICE OF THE ATTORNEY GENERAL

ROBERT J. DEL TuF:
ATTORNEY GENERAc

M E M O R A N D U M

TO:
FROM:
DATE:

AUGUST 21, 1991

SUBJECT:

CITIZEN COMPLAINTS CONCERNING POLICE MISCONDUCT;
INVESTIGATION OF SERIOUS ALLEGATIONS

For several years the Division of Criminal Justice and
the New Jersey State Association of Chiefs of Police have worked
together to develop the Police Management Manu�l as a guide for
municipal police management. The manual is designed to provide
police executives with practical guidelines necessary to address
day-to-day operational concerns.
We have just completed and disseminated Chapter Five of
the Police-Management Manual, "Internal Affairs Policy and
Procedures," which deals with a matter of extreme importance to
everyone in law enforcement. This chapter, which was prapared
after consultation with numerous law enforcement officials, serves
as a supplement to the New Jersey Law Enforcement Agency Standards
Program begun in October of last year by the Division of Criminal
Justice and the State Chiefs Association. It contains standards,
policres and procedures for the internal affairs function. Among
other things, it requires the establishment in each police
department of a viable process for the receipt and investigr1tiorr of
citizen complai-!::its concerning police conduct. And, in this
connection, please note that one of its provisions requires
immediate notification of the County Prosecutor in the event an
allegation is rece ived of criminal misconduct by a police o±ficer or
of a firearms disd:rn.-rge resulting in injury or death. Upon receipt

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Coun.ty -Prosecutors
August 21, 1991
Page 2
of the notice, the County Prosecutor in his or her discretion
either may assume responsibility for active direction of the matter
or direct that appropriate action be taken by the reporting agency,
and shall ensure the appropriate disposition of the matter.
As we all well know, there has recently been growing concern
regarding the process for investigating complaints of excessive
force by law enforcement officers. As you also know, I have
appointed a task force composed of law enforcement officers, other
public officials, lawyers, law proressors and community leaders to
study this issue and to-make recommendations as soon as possible.
While we are awaiting the report of the task force, it is important
and appropria-te that interim measures be taken to· ensure that
excessive force allegations are thoroughly and uniformly
investigated throughout the State and to fortify public confidence
in the integrity of the-inquiry and in the criminal justice system
itself.
The particular measures are, by and large, those which we have
de facto pursued in the past. But it is clearly better to have an
explicitly stated policy concerning the involvement of our offices
in serious matters and a defined procedure to be pursued. Such
advance guidelines permit both the public and law enforcement alike
to be well aware of the process and help to avoid the confusion and
false emphasis which ad hoc approaches may engender.
Accordingly, pending the task force report and until further
notice, all investigations which involve the use of force by law
enforcement officials which have resulted in death or serious
bodily injury shall be immediately reported by the County
Prosecutor to the Division of Criminal Justice for reviaw,
oversight, consultation, and participation as- nee es sary. -Moreover,
a matter which involves factors indicating the poss�ble use of
unjust.ified force by a law enforcement officer resulting in death
or serious bodily injury should ordinarily be presented to a Grand
Jury for review and ultimate disposition, especially in cas·es­
involving factual dispute. As stated above, this approach has been
followed successfully in most of the counties for �everal years now
and should be more furma�ly adopted on a statewide basis.
R.J.D.