Police Misconduct Case Study

Police brutality and office involved shootings have sparked national debate and created a strain between police officers and citizens. Recently, there have been more home videos that display acts of aggression by police officers. These police officers often use excessive forces or a condescending tone towards people of color which is why there needs to be a better way to mend police and civilian relationship. People should be able to trust the police in their communities rather than fear them.

Since their has been policing entities, it is understood by most that law enforcement officers have been performing a public service that is not easy to carry out. To assist law enforcement officers in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force. In discussing police misconduct, this report acknowledges not only the legal grant of such authority,

The justice system’s failure to prosecute police brutality is a hot topic since most riots and acts of public violence surround this issue. One of the obstacles with prosecuting police brutality is a lack of evidence. As stated by Andrew Walter in an overview of police brutality, the failure to prove police brutality cases “stems from...difficulty in

Police brutality and police militarization have become a hot topic in the United States of America. There are many cases where police officers motives are being questioned, leading the public into an uproar. Just to name a few of these cases, we have Micheal Brown from Fegurson, Missouri, that started it all, which took place on Augest 19th, 2014. We also have Eric Garner from New York, taking place July of 2014. July of 2016, Alton Sterling of Baton Rouge and Walter Scott from South Carolina in April of 2015.

When one thinks of police misconduct many not too distant stories might go through our heads. Most adults will remember how they felt when they saw the brutal beating of Rodney King on their local news station; or the outrage they experienced when they heard that the evidence in the OJ Simpson trial had been tampered with. But thanks to new guidelines, procedures and even civilian groups who now “police” the police, instances of police misconduct may soon start seeing a decline.

What is police misconduct? It can be defined as any action performed by a law enforcement officer that is unethical by established employment guidelines, unconstitutional, or a crime with in itself. When people hear the term “police misconduct” they automatically think of a police officer using unnecessary force against a civilian. While that is a form of police misconduct it is not only form. Throughout this paper I will bring light to the many types of police misconduct that can happen in the law enforcement industry.

Police abuse has remained one of the most serious human rights violation in the United States. It is the use of excessive and unnecessary force by police when dealing with civilians. The past decade has introduced us to a new wave of police brutality. With technology and media emerging, the people become more aware every day about inhumane behavior against innocent citizens. With the proper research, the opportunity to seek reasoning behind police brutality can lead to a cogent effort to end or significantly decrease misconducts committed by law enforcers.

Police officers are generally well-respected in American society. They should be, since officers protect the public from drunk drivers, gunmen and other threats to the commonwealth. However, in light of uncovered events involving the misconduct of police officers, these events call into question the ability of police officers to successfully protect and serve the American people. However, in 2010, 6,613 law enforcement officers were reported for involvement in misconduct which varied from excessive force, sexual misconduct et cetera (Packman). Having 6,613 reported cases of police misconduct in America is ridiculous, especially since it is hard validating the claims against officers and it is difficult to punish officers because of this lack of evidence. While the purpose of police officers in society is to protect the commonwealth of the people, the amount of police misconduct in the United States of America involving excessive force and sexual misconduct is detrimental to the credibility of all police officers. This in turn causes rifts and distrust among the American people concerning officers. Police misconduct can be reduced in American society by requiring police officers to wear cameras while on duty, having a clear definition on what excessive force is and defining how much force is legal for an officer to utilize, and better training geared to improve overall conduct with citizens, especially mentally ill citizens.

Throughout history, efforts to police society have been flawed by brutality in one way or another. Police Brutality exists in many countries and is only one of several forms of police misconduct. Abuse by law enforcement officers in the United States is one of the most serious human rights violations in the country. Police officers have engaged in unjustified shootings, severe beatings, fatal chokings, and unnecessarily rough treatment. The history of police brutality is cyclical, going through phases of violence, corruption, and reform.

Police brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against

Police departments undergo an immense amount of scrutiny. Many members of society question their motives, if they are performing their jobs adequately, and if they are using police discretion appropriately. Over the years there have been many cases that have involved members of law enforcement or the entire police department, that have placed law enforcement in a negative light. This negative light is attention that neither society nor the police departments will benefit from. One major case that has been in the media is the case of Kelly Thomas. Kelly Thomas was beaten and eventually died from injuries he had sustained from local law enforcement. This case is a major case because it brings awareness to society about police overstepping their boundaries, the lack of training police officers receive with dealing with the mentally ill, and how the mentally ill are treated in the criminal justice system.

Police misconduct and the ‘code of silence’ is a global phenomenon that has been present since the formation of formal police agencies. Police leadership can shape the influence and direction of their departments through recruitment, training, field training officers (mentors), policy, and discipline. Frontline supervisors act as the bridge between the administration and the frontline officers. Supervisors exert some informal influence over officers, but must also serve their superiors and the agency mission. There is no clear cut method to curbing the ‘code of silence’ and agency transparency is needed to appease the public such agencies serve. This is a two way street, the public must respect the authority of said officers and submit to lawful and reasonable request. Police administrators must maintain open lines of communication and trust with their subordinates if the ‘code of silence’ is to ever be weakened.

As far back during the time of the Great Depression law enforcement has been used by local, state, and federal government agencies-authority to enforce the law and preserve justice (Yamato, 2011). U.S. law enforcement officers, security guards, and other officials like judges and prosecutors have been given tremendous power. The resolution of the law enforcer is to assert justice and ensure the constitutional rights of all citizens are upheld. However, police misconduct is regularly reported: excessive force, sexual assaults, false arrest, fabrication of evidence, deprivation of property and failure to keep from harm. Excessive force is when law enforcement officers are allowed to use whatever force is reasonably necessary (Federal Bureau of Investigation, (2015). Consequently, disagreement between the police and the citizens are escalating.

Throughout all realms of the criminal justice system, it is hard to use discretion when arresting or prosecuting people. Another difficulty that police in our democratic society face is the discrepancy between their own personal freedoms and upholding the law, their job (Barkan, 2012). Police officers are allowed to think what they want or say how they feel, a right granted to them in the Bill of Rights. However, under the badge, police officers are required and expected to abide by the laws of the United States. Sometimes, the level of authority police hold in this situation can get them into trouble legally. This is what we call police misconduct (Barkan, 2012). One of the most notorious police scandals in history was the LA antigang Rampart Division scandal. In 2000, Rafael Perez, an LA police officer was arrested for stealing drugs. In exchange for a plea bargain Perez notified authorities of other corruptive instances in the Rampart Division. More than 70 officers were scrutinized for these acts (Barkan, 2012).

Police executives have always had different issues within the police department. Most police executives try to find a quick fix in order to solve the issue of police misconduct. Police misconduct is defined as inappropriate action taken by police officers in relation with their official duties (Police Misconduct Law & Legal Definition, n.d.). In order to solve this issue, one must acknowledge their different challenges, overcome the “code of silence”, and find out the role of organizational culture.