Misconduct Instances in Law Enforcement
Introduction
Misconduct in law enforcement is a widespread problem that must be addressed. At times, police officers must make quick decisions regarding responses to crime scenes. These actions are done to protect citizens and maintain law and order. Unfortunately, although it is a small percentage of police officers, many have behaved inappropriately by committing crimes. The police play a significant role in community safety, and their duties cannot be underestimated (Gross et al., 2020).
Most crimes go unsolved because the victims do not report them or lack evidence to prove that crimes were committed. Police officers must cooperate with people in their neighborhoods to benefit community safety. In addition, officers must be well-trained to face challenging situations. However, some police officers violate the law purposefully and engage in misconduct due to poor training or experiences from growing up and life on the streets themselves, which leave them no choice but to violate the law for survival or for self-protection purposes.
Research has recently shown that police misconduct includes abuse of authority, harassment, and unwarranted searches. Such misconduct erodes the foundation for police-community partnerships to succeed, resulting in an overstretched police force (Gross et al., 2020). However, important challenges exist to stop misconduct from occurring. The police and news media have been all over the headlines lately with stories of misconduct done by law enforcement. The details of these stories are shocking, but so are the words uttered by police apologists to defend their actions. Some people feel that officers are unjustly being persecuted, while others think they are just getting a bad rap. Either way, there is no question that the current situation in policing has people thinking, talking, and taking matters into their own hands. This research paper aims to discuss instances of misconduct seen in police work and state why it is illegal or inappropriate, and investigate the reason for said misconduct.
Notion of Misconduct
A police officer’s job is to enforce the law, protect citizens, and serve the community. However, there are times when officers step outside of their role and commit misconduct (Trivedi & Van Cleve., 2020). This behavior is illegal and inappropriate for a police officer to engage in. Police officers are held to a higher standard than citizens because the government has given them the authority to protect and serve people within a certain jurisdiction.
If police officers violate someone’s rights or break the law while performing their duties as officers, they may be guilty of misconduct. Misconduct may include Violation of civil rights; Civil rights have been violated by law enforcement in the past and continue to be violated today. The Violation of civil rights is a very serious crime that needs to be addressed immediately before more people get hurt or killed. Law enforcement officials are supposed to protect and serve their communities, but sometimes their actions lead to the opposite results. For example, some police officers use excessive force against suspects or arrestees. It can result in death or serious injuries for both parties involved.
Additionally, some officers may arrest an individual without probable cause or an arrestable offense, for example, disorderly conduct. This type of misconduct violates an individual’s civil rights because they were not arrested but still had their freedom taken away from them without being given due process. In addition to officer misconduct, there are many other causes for these types of violations. One cause is that some officers have a racist mindset toward certain groups, such as African Americans or Hispanics. Another cause is that some officers are careless when conducting their duties, resulting in violations such as false arrests. Finally, there are also times when an officer may act within their rights but does so in an unlawful manner, leading to a violation such as unlawful searches and seizures against someone who did not threaten them.
The origin of misconduct in law enforcement dates back to 1829, when Sir Robert Peel founded the Metropolitan Police Force in London, England. The idea was that uniformed officers would patrol neighborhoods and protect citizens from crime (Gold, 2018).
As well as serve as a deterrent against crime. It was an innovative approach at the time because it increased police brutality against citizens who were seen as criminals—including anyone who looked suspicious or was accused of committing a crime even if they were not guilty. These abuses were common in other parts of Europe at the time but were not common here until recently. Nowadays, there are more safeguards in place to ensure that police do not engage in misconduct like this anymore—but there are still problems with corruption and abuse among law enforcement officials at all levels across America today.
Misconduct is illegal because it violates human rights and can lead to serious consequences, such as death or injury for citizens involved with these actions by officers. It also violates laws meant to protect citizens from government overreach, such as prohibiting wiretapping without a warrant or using excessive force against suspects during arrests or searches without probable cause for arrest. Therefore, it is important for the people and the officers who enforce the law for several reasons. One reason is that misconduct can harm those being policed and those working to enforce the law.
Officers who engage in misconduct use excessive force or use their authority to harass or intimidate people they encounter. It can cause communities to distrust their police forces, leading to increased crime rates, as they have been shown to do in places like Baltimore. Additionally, when officers engage in misconduct themselves, they undermine the legitimacy of the entire criminal justice system by demonstrating that it is not above reproach.
Another reason is that misconduct harms officers by undermining their ability to perform their duties effectively. By engaging in misconduct or abusing their power, officers make themselves less able to protect citizens from harm and uphold justice at all levels of government without bias against those who need protection most: minorities and poor people. Additionally, misconduct harms society because it makes it more difficult for us all to feel safe within our communities.
When police officers abuse their power over others or use excessive force against them without cause, it erodes trust between community members and law enforcement agencies and undermines public safety for everyone. Further, misconduct puts people at risk of being injured or killed. When police officers break the law or abuse their power, they put themselves in danger and everyone around them, including innocent bystanders who happen to be nearby when something goes wrong. The worst part about this kind of behavior is that there is no way for anyone else to protect themselves against these abuses unless they are willing and able to fight back with violence, which would almost certainly get them arrested too.
Effects of Misconduct
Misconduct in Law Enforcement is a serious issue that affects everyone, from the citizens who are supposed to be protected by police officers to the officers themselves. Misconduct can be defined as “conduct that violates an ethics code or professional standard.” (Dharmapala et al., 2022). Law enforcement officers often face situations that can be dangerous and stressful, but the law is clear about what the police are allowed to do in these circumstances. When officers break those rules, they are breaking the law themselves. This kind of misconduct is called police brutality and it is illegal under federal and state laws. Police brutality can include: excessive force which means using more than necessary to subdue a suspect or make an arrest. It can be anything from punching a suspect to shooting them (D’Souza et al., 2019).
For example, if an officer kicks someone who has already been handcuffed, that would be considered excessive force because there is no reason for them to kick the person anymore. These actions are often performed by officers who feel threatened or angry at the suspect for some reason. When this occurs, it can devastate the victim’s life. The first result is physical harm, including broken bones or even death. The second result is psychological trauma that may last for years or even decades after an encounter with police officers. This trauma can include nightmares, anxiety, depression, and other mental issues that can lead to suicide or suicide attempts.
Police brutality can further include racial profiling that occurs when an officer stops someone because of their race or ethnicity instead of because they have done something wrong or because they seem suspicious based on other factors such as behavior or clothing choices such as wearing gang colors. It can also occur when an officer treats someone differently based on race or ethnicity even though they are not doing anything wrong (McKenna & White, 2018). The next type of misconduct deals with the sexual assault of suspects by police officers during an arrest process. It occurs when an officer forces sex upon someone as part of their job duties, such as patting down suspects. It also occurs when an officer forces sex upon someone who has been arrested but has not yet been convicted of crimes such as strip-searching. When this happens, both parties suffer emotional trauma and physical harm, such as sexually transmitted diseases STDs).
In addition, misconduct in Law Enforcement affects many people in several ways. It can cause emotional stress, financial hardship, and physical harm. Emotional stress is a common result of misconduct in law enforcement. For example, if one has been the victim of a crime committed by an officer, they may feel fearful for their safety and that of their family members (Gold, 2018). One may also worry about whether or not the officer will face the consequences of their actions.
Additionally, if the officer is still on duty while the investigation is underway, one may feel unsafe around them while working at their assigned post. If they have already been convicted of misconduct charges and still work as an officer, this could be especially concerning. Moreover, citizens victimized by police misconduct often feel they were treated unfairly and unjustly. In some cases, they may have been wrongfully arrested or even assaulted by officers. Even if they were not physically harmed, they might still feel traumatized by their encounter with police officers. Financial hardship can also result from misconduct in law enforcement. If one is involved in an incident with an officer charged with misconduct, they may need to pay for legal fees associated with defending themselves against these charges. It might be necessary to file a suit against them for compensation for these damages.
Solutions to Misconduct
Law enforcement agencies have always been susceptible to misconduct. In recent years, however, the prevalence of misconduct has increased and become more severe. In the past decade, there have been several high-profile cases involving law enforcement officers who behaved improperly. For example, in 2015, a former police officer named Darren Wilson shot and killed an unarmed teenager named Michael Brown in Ferguson, Missouri (D’Souza et al., 2019).
The shooting led to protests and riots in Ferguson and other cities around the country. In 2016 another former police officer named Daniel Pantaleo killed Eric Garner by placing him in a chokehold during an arrest for selling loose cigarettes on Staten Island (Moran & Hodge, 2020). These two incidents sparked public outrage against police brutality in America, leading many people to question whether there is a need for reform within our current law enforcement agencies.
One way that we can address this issue is by changing our approach toward training recruits at police academies across the country so that they understand how their behavior affects everyone involved. Themselves and others who are affected by their actions – whether directly or indirectly through media coverage or hearsay from friends’/family members who have been affected (Reidy et al., 2018). Further, officers need to be educated on the importance of treating people with respect and the consequences of not doing so. Officers need to know that their actions have consequences and that the public will hold them accountable for their behavior. It means that officers face disciplinary action or termination from their position when they act inappropriately.
The second step is to encourage officers to report misconduct when they see it occurring. Some officers may be hesitant to report misconduct because they fear retaliation from their colleagues. This issue could be solved by having an anonymous reporting system where officers can report anything they see without fear of retribution if there are many reports about misconduct within a department. Those departments should be investigated by outside agencies such as the FBI or other federal agencies, local police departments, and prosecutors’ offices (Jancsics, 2021). It will help find out what is going on within those departments and how they can change things so that no more misconduct occurs within them because if more than one person reports something, there must be something wrong.
Another important step in addressing law enforcement misconduct is recognizing the problem. Once one recognizes that misconduct is a problem, one can begin addressing it by creating policies to prevent such behavior from happening again (Huff et al., 2018). In terms of what could be done, more training could be provided for law enforcement officers. Hence, they understand the consequences of their actions and know how to handle better situations where they feel like they are being disrespected or treated unfairly. Many police departments do not keep track of officer misconduct, so they cannot identify patterns or trends. If police departments were required to track misconduct and report it to their supervisors, it would be easier for them to identify ways that they can prevent future misconduct from occurring within their department.
Another way that law enforcement agencies could reduce misconduct would be to require officers who are suspected of committing an offense to undergo mandatory drug testing. It would allow authorities to determine whether or not any drugs were involved in the incident. If drugs were found during testing, then that officer should be removed from duty immediately until a thorough investigation has taken into their behavior and background history. In addition, officers should not be allowed access to firearms while on duty unless there are extenuating circumstances that require them to carry one, such as suspecting danger or having a warrant out on someone else who may have access
Additionally, it has been shown that when police officers are caught committing misconduct, their actions often go unpunished. Even when a case does make it to court, it may not be successful. It is troubling for many reasons: first, the people who are supposed to protect others from crime instead commit crimes themselves. Second, those who are supposed to enforce the law are doing so unjustly, which means that there is no consequence for these officers’ bad behavior.
One solution to this problem is accountability training. Training would teach officers how to recognize when they are biased or prejudiced against a group of people, such as racial profiling, which can lead them to behave unethically or illegally. The training could also teach them how to recognize when they were physically or emotionally abusive toward others, which can lead them down the same path. Lastly, this training could help officers realize when they were abusing their power by using excessive force or behaving aggressively toward civilians—and why this is wrong.
Conclusion
Misconduct in law enforcement is when officers break the rules or go above and beyond their authority to enforce their will. It is important for police departments to clearly understand which laws they are responsible for enforcing and what laws are not legal for them to enforce. Too many times, police officers abuse their power by brutally forcing their physical ideals on individuals. In addition, misconduct is often done under the false belief that it is okay under specific circumstances.
Even civilians are aware of this and find it to be acceptable. However, misconduct is a crime that results in the improper treatment of any individual, whether a police officer or a regular citizen. Civilians never feel protected when they see misconduct by other people from any walk of life, especially if it is meant to enforce laws and protect the community because it is one more thing that makes them feel threatened.
Therefore, a law enforcement officer has to be above suspicion at all times. They also have to work with a great deal of integrity, no matter what the circumstances are. Law enforcement officers undergo a great deal of training and are expected to adhere to the standards set forth in their departments and within the criminal justice system. Sudden, unexpected actions by law enforcement can create a chain reaction where other people begin mistrusting them. Thus, after the misconduct’s exposure, the department must take immediate action to investigate the matter and implement corrective measures where necessary. For the department to regain the trust and respect of its community and its officers, an internal investigation should remain confidential. The department should also benefit from external sources to keep up with best practices in this area.
References
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D’Souza, A., Weitzer, R., & Brunson, R. K. (2019). Federal investigations of police misconduct: A multi-city comparison. Crime, Law and Social Change, 71(5), 461-482. Web.
Gold, F. (2018). Investigating and Prosecuting Law Enforcement Sexual Misconduct Cases. Dep’t of Just. J. Fed. L. & Prac., 66, 77. Web.
Gross, S. R., Possley, M., Roll, K., & Stephens, K. (2020). Government Misconduct and Convicting the Innocent, The Role of Prosecutors, Police and Other Law Enforcement. U of Michigan Public Law Research Paper, (21-003). Web.
Huff, J., White, M. D., & Decker, S. H. (2018). Organizational correlates of police deviance: A statewide analysis of misconduct in Arizona, 2000-2011. Policing: An International Journal. Web.
Jancsics, D. (2021). Law enforcement corruption along the US borders. Security Journal, 34(1), 26-46. Web.
McKenna, J. M., & White, S. R. (2018). Examining the use of police in schools: How roles may impact responses to student misconduct. American Journal of Criminal Justice, 43(3), 448-470. Web.
Moran, R., & Hodge, J. (2020). Law Enforcement Perspectives on Public Access to Misconduct Records. Cardozo L. Rev., 42, 1237. Web.
Reidy, T. J., Sorensen, J. R., & Cihan, A. (2018). Institutional misconduct among juvenile offenders serving a blended sentence. Journal of Criminal Justice, 57, 99-105. Web.
Trivedi, S., & Van Cleve, N. G. (2020). To serve and protect each other: How police-prosecutor codependence enables police misconduct. BUL Rev., 100, 895. Web.