Police Misconduct Research Paper

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,

There is no question that police brutality, when it occurs, is one of the most egregious violations of public trust that a public servant can commit. Police officers, those individuals taxed with protecting the public from danger, should never be in a situation where they pose a threat to the public. Furthermore, there is no question that police brutality occurs. Moreover, generally when there are allegations of police brutality, there has been some type of underlying violent incident. In addition, while issues of brutality may seem clear-cut to a disinterested observer, it is critical to keep in mind that law enforcement officers are not presented with textbook examples of the appropriate or inappropriate use of force, but real-life scenarios involving quick decisions. There are many arrest and non-arrest scenarios where officers need to use force to protect self or others; and the degree of force required may be greater than what a disinterested observer would assume. Another recurrent issue in debates about police brutality is that racial bias appears to be a motive behind police brutality. When one considers that minorities are disproportionately likely to be arrested and convicted of crimes, one would expect to find a disproportionate number of minorities among those alleging police brutality. Therefore, while acknowledging that police brutality, when it occurs, is a serious problem, the reality is that most

nation, the criminal justice system has detrimentally affected the lives of those it was created to

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.

Ronald Weitzer “Incidents of police misconduct and public opinion” Department of Sociology, George Washington University, Washington, DC 20052, USA .

In criminal law, illegitimate or unwarranted racial disparity is resulted when there is dissimilar treatment of people who are under similar situation where the dissimilar treatment is based on race. Such treatment is in most cases caused by biasness though can in some be influenced by factors that are sparsely related to race. Another cause is unguarded, individual or institution level decisions that are race-based. Structural racism has also been adduced mostly where there is evidence of longstanding difference in the treatment of individuals who are deemed to a highly correlated race characteristic.

Inefficient policing resulting from the high tensions between law enforcement and minority races has called the issue of racial profiling and corruption within the American justice system to national attention. Many citizens now demand an end to the improper treatment and wrongful deaths of people of color on the basis that all races should be treated equally by law enforcement officials.

Allen versus the city of Oakland was one of the largest lawsuits filed and won against the Oakland Police Department for police misconduct. Misconduct has always been an issue with law enforcement. Starting in the early years of law enforcement there were policies set to keep officers from committing these actions. In time, the policies have been changed, reconstructed, and updated to increase effectiveness and efficiency. To get a better view on how these policies are implemented, the actions of the police officers in Allen versus the city of Oakland will be examined and the justifications for their actions will be reviewed. Not all actions can be justified though. For those types of actions with no justification, an

Our firm’s suit on behalf of client Michael Ndichi sets forth two arguments against the police. The first, a Constitutional argument, counters the police’s anticipated qualified immunity defense in this suit, and the second, a psychological argument, argues that the police department’s policies left Officer Jensen ill-equipped to make good decisions. In this memo, I present Constitutional and psychological evidence to undergird each of these arguments.

Why is massive number of claims are unsustained? This is to look at the Chicago Police Department accountability. From the Department of Justice investigations, informing that Chicago police rarely held accountable

Police misconduct has remained a serious problem since the beginning of policing. Police officers have grant especial power that if not use in an ethical way can end in police misconduct. Police officers are the ones who are supposed to protect and serve the communities, so it is horrible to know that some officers engage in misconduct behaviors that are hampering the trust and confidence that people in society have on them. Some police officers do not hold themselves to the ethical standards that they should follow and by this situation they engage in police misconduct. In addition, police misconduct is a topic that through the years of policing has been creating arguments and divisions between communities and police departments. Since the beginning of policing it is well-known that different reforms had been put in place to prevent police misconduct from happening but, unfortunately police misconduct is still prevalent in police organizations. The movie Fort Apache the Bronx addressed this problem of police brutality when two officers killed a teenager for not reason. During the movie it was palpable how the police subculture was a serious problem that leads to officers engaging in unethical behavior because they feel protected under the code of silence that reflects the occupational solidarity that exists among officers and requires that officers neither report nor incriminate fellow officers. The nature of police work creates

To alleviate potential problems, many agencies have put into place legal safeguards or offer similar grievance protections offered to civilian employees (Doerner, 2012). Furthermore, some states have recognized the severity of legal ramifications that can occur and have passed legislation known as “Police Officer’s Bill of Rights” which controls disciplinary investigations (Doerner, 2012).

Moral issues within law enforcement, the courts and the corrections system have made it complex and difficult to navigate fairly throughout the criminal justice system. Enforcement strategies, court practices and the incarceration rates have created discrimination towards minority groups. Carelessness and unintentional actions are moral issues. The criminal justice system has failed to account for operational procedure which creates the perception of discrimination.

“Internal forms include the presence of an effective internal affairs division; proper recruitment; selection peer or coworker pressure”. External forms include; civilian review boards and citizens reporting deviant police behavior”. (Burns, 2009, pg. 69) Identifying deviant police officers early can definitely have an affect on civilian complaints. In 2005 in Los Angeles, CA, a 13 year-old, 8th grader was killed by a police officer after failing to stop a vehicle and leading officers on a chase. The officer had not idea that the assailant was a 13 year-old boy. The police chief had a very challenging job at the time, of reforming the police department. The police chief found that the officers’ actions were justified because his life was threatened. However the commission, headed by a civil rights activist, “voted 4 to 1 to set aside” the police chiefs’ finding and ruled that the officer “violated department policy when he fired into the car as the boy backed toward him”. (Murr, 2005) Many disagreed with this decision; some thought that because the officer risks his life to protect the public, the decision was unjust. This may be the key reason why complaints are not reported or are not taken seriously. If law enforcement are not being held accountable, how can civilians trust them? Now in the aforementioned case, the ruling was overruled; however the public opinion by law officials in regards to the ruling weighs heavily on

Criminal punishments and victimization cause people to become more helpless after the matter, and they are often unable to leave their past behind them. Unfortunately, there is a pattern shown that often times race, the area in which a person lives, and social status of a criminal and the victim are taken into consideration when deciding on punishment for a crime. This can lead to discrimination playing a role in the decision making which is unfair. African Americans and Hispanics are more likely to be searched, questioned, or apprehended by a law enforcement officer than whites. Criminal and victims both will have many obstacles that they may face and have to overcome. These obstacles involve things that involve physical and emotional pain, mental difficulties, and even financial problems; however, different situations will affect each individual in various