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Reasons for police misconduct
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SCHMELTERJ_CRJ310_MODULE 5 Departmental discipline has been imposed by various police stations to ensure that police officers do not violate agency policy. It is mandatory for officers to obey departmental restrictions on how to initiate an investigation, when to pursue it and when to discontinue it. Although failure to follow departmental policy may lead to internal discipline, it is not in itself enough reason to impose civil liability. However, in cases where officers go too far and violate the rights of citizens, the victim of misconduct is entitled to take action through federal and state laws. Civil rights laws protect citizens from abuse by government authorities and law enforcers. These laws allow attorney, compensatory and disciplinary damages as incentives to compensate injured parties and enforce their rights. According to Heath, there are three ways for civilians to file a complaint on law enforcer brutality or misconduct. The ways include; internal complaints, criminal complaints and civil suits. Citizens are entitled to use any of these avenues to report the brutality. In the instance of injured citizens, they are mandated to file a lawsuit in the form of tort. Tort laws allow civilians to receive compensation for the damages incurred because of the action by an officer. This form of claim under civil suits is where the plaintiff is habitually awarded compensation in damages in the form of money. However, liability of damages by law enforcers on a state tort suit entirely depends on the immunities formed by the state law. Kappeler, (2006), alleges that victims of the brutality are expected to sue an officer on the premise of their individual’s constitutional and common law rights being violated. The l... ... middle of paper ... ...with responsibility, accountability and transparency. Subsequently, it will deprive wrongdoers in the police departments of the opportunities to benefit from crimes and illegal activities. In conclusion, civil liabilities benefit citizens who are innocent parties injured by an officer and provide an avenue for them to report instances of police vices and brutality. References Burns, R. G. (2013). Policing: A Modular Approach, First Edition. Ph Proffessional Business. Heath B. & Grant, K. J. (2011). Law Enforcement In The 21st Century. Prentice Hall. Kappeler, V. E. (2006). Police Civil Liabilty: Supreme Court Cases And Materials. Waveland Press. Miller, S., & Blackler, J. (2004). Ethical issues in policing. Aldershot, Hants, England: Ashgate. Prenzler, T., & Ransley, J. (2002). Police reform: Building integrity. Annandale, NSW: Hawkins Press.
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
Walker, S., & Katz, C. (2012). Police in America: An Introduction (8th Edition ed.). New York:
Through the civilian oversight model, the two different worlds have joined, some agreeing and others disagreeing with the involvement. We have the police who disagree, and the public who agrees with the ability to get involved with the overseeing of police misconduct. I believe the civilian oversight model is a great method that was developed because it allows for civilians and officers to work hand in hand together to overcome a situation. Although law enforcement agencies are against the model there are ways to ensure a better opinion of the model. The training of oversight staff and volunteers can make sure that adequate individuals are chosen to hold position in the model. Oversight systems can require that a department supervisor attend hearings, and be called to answer questions about the department’s policies (Finn). Altogether, the law enforcement department and the public are moving towards a better correlation together with the civilian oversight model in
In order to diminish police brutality, excessive force, and prejudice behaviors in the police officers, several actions must be set in motion. The police hiring process, training, in-field monitoring, and disciplinary actions must be adjusted to eliminate discriminatory actions against citizens. Likewise, it is a necessity for citizens to be informed of their rights, civil liberties, and how they can resolve corruption within the justice system. These actions seek to shrink the number of minorities who are racial profiled and brutalized by police officers. A more stringent hiring process, it will help curtail unethical and unprofessional police officers. Police training must be altered so that situations are handled safely and impartial. In-field monitoring with eliminate police officers from managing to catch police officers who brutality handle citizens. Disciplinary actions help to prosecute police officers to break the law. Lastly, if citizen are informed of what they should about corrupt police officers and a poor justice systems.
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday, forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have when to use force or when to use lethal force.
...olving officers, officer transfers, disciplinary actions against officers, and various civil and criminal claims against individual officers or against the police department as a whole.
In most if not all the cases the victim of the excessive force is charged with resisting arrest and or assaulting a police officer, When in fact they are the ones who have been assaulted and victimized themselves. They are now fighting two uphill battles that are very difficult to win in any situation. A lot of the time the victim is from a poor or low income area and may have already been perceived to be a criminal by the police. The police have a great deal of power and they sometimes manipulate situation to make it look like or to hide what may have happen in an arrest situation. My father would tell me stories about the police and the things some officer would do to get away with abusing their power. The police need to be monitored and public needs to be more educated about what Law enforcements job is and how to best help them do it.
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
Background and Audience Relevance: According to the Human Rights Watch 2012 report on Police Brutality and Accountability in the United States; police brutality has become one the most serious human rights violation. As citizens of the United States it is our duty to make sure that those with authority don 't take advantage of their power.
Police accountability is an effective way to regulate police officer’s behavior. Police accountability is applied in different ways and with different approaches. Some of these approaches include routine supervision, regular performance evaluations and early intervention systems. Police accountability is implemented by using external and internal controls. External controls include citizen complains reports and internal controls consist of early intervention systems. On the other hand, early intervention systems enhance a police officer’s accountability and overall performance. Police accountability refers to holding each police officer individually, as well as the agency as a whole, accountable for effectively enforcing
Cordner, G. W., & Scarborough, K. E. (2010). Police administration (7th ed.). Albany, N.Y.: LexisNexis/Anderson Pub.
According to the National Police Academy, in the past year, there have been over 7,000 reports of police misconduct; fatalities have been linked to more than 400 of these cases (Gul). Police brutality is often triggered by disrespect towards the police officer. The most noticeable form of brutality is physical, where Chemical gas, batons, tasers, and guns, can be used for physical intimidation or to actually hurt people. Police brutality can also take the form of verbal abuse or psychological intimidation. It seems reasonable to understand that sometimes the police are put into situations where excessive force may be needed. But, because some officers use these extreme actions in situations when it is not, police brutality should be addressed and looked into by both the police and the public. For instance, a police officer who beats a nonviolent protester with a baton would probably be accused of excessive use of force, under the argument that the police officer probably could have dealt with the situation less violently.
When you think of a police officer, you think of a hero, someone that will serve and protect your community. Police officers should uphold the law and maintain order for a stable society. They endure rigorous training to obtain this authority, and agree to put their own lives in danger to protect and serve. In recent months, this authority has been abused and has turned into extreme police brutality that is quickly turning deadly. Police brutality can be defined as the use of excessive and/or unnecessary force by police when dealing with civilians (Danilina). This excessive use of force includes police assaults, abuse and even killings.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).