A Brief Overview of Police Misconduct

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By Joanne Aika Castillo

The police are the vanguards of law and order. Their main responsibility is to protect the citizens from crime and violence. They have the authority to use force if necessary, say for example during a crowd dispersal, an arrest, or in their daily surveillance work. However this authority to use force should only be used to the extent of resolving a particular disorder. The use of excessive force has been known to attract negative attention from the media, the government, and the public. Up to this day, police use of force remains to be the most controversial aspect of a law enforcer's reputation.

Police misconduct has rightfully attracted the public's attention. Some say that what is shown by the media is only the tip of the iceberg. There are a lot of severe cases of excessive use of police force that happen behind bars. However it has been noted by some observers that the media has exaggerated much of what is known as police brutality. There were numerous times when police officers have successfully combated lawbreakers while restraining from the use of excessive police force. But regardless of these viewpoints, police misconduct has caused doubts and rifts in the police by the public. It tarnishes both their reputation and the public's trust.

The range of police misconduct encompasses police brutality, false arrest, racial profiling, falsified evidence, and police corruption.

Police Brutality

Abuse of power happens when a police officer intentionally assaults a suspect, either physically or verbally, without any valid reason. As mentioned before, the police are only allowed to use force when necessary, apart from that may be considered a form of police misconduct. A usual example is when a police officer beats up a suspect for no apparent reason. Usually the victims belong to minorities such as Blacks, young people, and the poor. According to recent reports by Amnesty International and Human Rights Watch, police brutality is common in US prison and that in 2006 there are five state prison systems which allow the use of unmuzzled dogs on prisoners as part of cell removal procedure.

False Arrest

An arrest refers to being held in custody by a police officer for a certain period of time. The important question to ask then is the reason behind the arrest. Supposedly there should be a warrant of arrest or an order from the court before the police arrests a civilian. Also the police or an individual vested by the jurisdiction to perform police power acts may arrest a civilian if there is a reasonable and valid cause to believe that that person has committed a criminal offense. The limit of the arrest should only last long enough for the police to identify the correct suspect especially if the criminal offense is not that grave.

Racial Profiling

This is the practice of suspecting citizens based on certain characteristics of their race and using those characteristics to decide whether a person is probably more guilty of the crime leading to a more thorough investigation for them. There is a certain hypothesis that police officers don't necessarily base their searches on race alone but rather on the idea that the probability of a more successful search can be achieved by considering the likelihood of that race's crime profile. Examples are those of black motorists being searched more than white motorists because of the crime profile that black drivers are most likely to carry contraband in their trucks. In airports, people with a remarkable Middle Eastern descent tends to be searched more thoroughly than Europeans and Americans.

Falsified Evidence

The tampering of evidence is used either to convict an innocent person or to guarantee the conviction of a guilty person. The handling of evidence should at all times follow the careful process of the chain of custody. The idea is to make sure that there's just a small number of people who can get hold of the evidence and only the necessary people can inspect and keep the evidence safe from tampering. There are instances when police investigators manipulate the crime scene by placing a gun to justify a shoot out. There are also those who choose to falsify evidence rather than perform the long and thorough procedure of collecting accurate data.

Police Corruption

The practice of bribery includes soliciting financial benefits and career advancements in exchange for non-investigation or punishment reduction. Another form of corruption exists in falsified evidence based on vested interests in protecting someone or a group of people.

Other forms of misconduct exist apart from those mentioned above. As much as we know that the kinds of police misconduct, it is equally important to educate ourselves of our civil rights that protect us from any form of abuse, discrimination, and undue process. According to the Bill of Rights, the Fourth Amendment clearly states that unreasonable searches of citizen's home and properties are considered illegal unless a warrant or a probable cause has been presented. On the other hand the Eighth Amendment protects the citizens from any form of cruel or unusual punishments. If you feel that you have been a victim of police misconduct, it is best that you immediately consult a civil rights lawyer near you. With the help of a reputable civil rights attorney, you will be guided as to what options you have or actions to be taken in order to prove your case.

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