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DOJ won't say yet if consent decree will be used to reform Phoenix police

A consent decree is an agreement between two parties that acts as a legally binding performance improvement plan.

PHOENIX — The U.S. Department of Justice would not say Thursday whether the federal agency would seek to obtain a consent decree to implement reforms after determining the Phoenix Police Department engaged in troubling conduct. 

During a press conference Thursday, federal officials revealed they had collected evidence showing that the city's police department allegedly violated the constitutional rights of minorities and the homeless population.

VERSIÓN EN ESPAÑOL: El Departamento de Justicia no ha dicho si un decreto de consentimiento se utilizará para reformar a la policía de Phoenix

Three years ago, the DOJ launched an investigation into the Phoenix Police Department for use of force, alleged retaliation against protestors, treatment of the homeless population and other performance issues.

The lengthy investigation concluded that the police agency had "longstanding dysfunction" and operated with a lack of accountability, officials said.

RELATED: Timeline: DOJ investigation into Phoenix Police Department

The DOJ pledged to work with the city to make changes but did not indicate if it would use a consent decree to force Phoenix to make reforms.

City officials have previously rejected the prospect of operating under the requirements of a consent decree.

What is a consent decree?

A consent decree is an agreement between two parties that acts as a legally binding performance improvement plan. 

"When the government sues a person or company and the defendant agrees to stop its illegal conduct, the government may agree not to pursue the case, and the court approves and issues a consent decree," according to Cornell law. 

The federal government has used consent decrees frequently over the past three decades to overhaul police departments across the nation. The decrees set out certain actions for departments to take to avoid being sued by the federal government.

RELATED: 5 things the feds are investigating the Phoenix police for

Under the Clinton Administration, Pittsburgh became the first city in the U.S. to enter a consent decree in 1997. That agreement lasted until 2002 and mandated changes to Pittsburgh police around traffic stops, searches, and training methods.

The outcomes of a consent decree can widely vary. 

Reforms implemented in the early 2000s by Cincinnati were successful and is often considered a model for the consent decree process. Other cities have either failed with consent decrees or seen much slower progress. The Oakland Police Department, for example, has been under federal oversight since 2003. New Orleans has been under a consent decree with the DOJ since 2013. 

If one were used in Phoenix, the consent decree would commit the city to making specific changes in how police do their jobs. 

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