Police Misconduct and Accountability
The police promise to serve, protect, and uphold the law. Admittedly, the police have a difficult job, and the law gives officers leeway and discretion in fulfilling their duties. Though most encounters with law enforcement officers stir no controversy, sometimes police misjudge the situation, make the wrong move, or engage in misconduct. Misconduct carries consequences for the police, the victims, their families, and the community. The most common forms of misconduct are false arrest, use of excessive force and abusing citizens and immigrants, malicious prosecution, use of status as law enforcement officers to gain an advantage unrelated to their duties, and failure to intervene when they should. As of late, news stories across the country have reported actual or alleged misconduct – use of excessive or deadly force without justification – by the police.
False arrest violates an individual’s Fourth Amendment right against an unreasonable seizure and occurs when the officer in question lacked probable cause to believe that a crime has been committed or the person arrested committed a crime. Malicious prosecution violates the victim’s Fourteenth Amendment’s guarantee of individual liberty and occurs when an officer initiated a criminal proceeding with malicious intent toward the victim but lacked probable cause and the proceeding concluded favorably for the claimant. An excessive force claim requires you to put yourself in the shoes of the officer in question and contemplate all the information before you; therefore, the facts and circumstances and why the officer’s used more force than necessary or deadly force are critical. Failure to intervene paints a picture of an officer watching a fellow officer obviously abusing an individual and failing to stop the abuse or intervene.
Facts are important and often different witnesses tell different stories. Typically, the police officer’s account is given more weight than the victim’s, but when there are video and audio recordings, disinterested witnesses who saw the incident, and the circumstances do not support the police officer’s account, the voices of victims and their families are heard.
When police officers engage in misconduct, they may face consequences. Officers can be reprimanded, demoted, suspended either with or without pay, or outright fired. If their misdeeds are especially grievous, officers can be arrested, tried, convicted, and incarcerated. When the misconduct is especially wrongful, the officers in question also can be sued in civil court and made to pay substantial sums to the victim or his or her family.
Under the law, the police are accountable for their actions. If you or someone you know is the victim of officer misconduct or excessive force, consult with a lawyer. You may have legal remedies available to you. For more information, contact Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.