Kara Sears
Assisting law enforcement is a legal requirement in many jurisdictions, with penalties for failure to do so varying from violation to misdemeanour. Law enforcement agencies rely on community engagement and participation to effectively police their communities. There are many ways to assist law enforcement, from volunteering to take on clerical tasks, assisting with search and rescue activities, and writing citations, to donating to and facilitating community events. Law enforcement agencies also provide resources and support for their officers, including training, grants, task forces, and research and development.
| Characteristics | Values |
|---|---|
| Refusal to assist a law enforcement officer | An offence in various jurisdictions around the world |
| Consequences | From violation to misdemeanour |
| Example of a violation | Resisting or wilfully obstructing an officer |
| Example of a misdemeanour | Failing to assist a customs officer |
| Fine for misdemeanour | Up to $1,000 |
| Common law offence | In England/Wales and some other states/countries |
| Law enforcement resources | Training, grant funding opportunities, task forces, research and development, and field support |
| Law enforcement tools | Body armour, naloxone |
| Community engagement | Volunteering, citizen advisory boards, neighbourhood events, community meetings, surveys, social media |
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What You'll Learn
Refusing to assist a law enforcement officer
Today, this offence is still recognised in England and Wales, as well as some other states and countries. In these jurisdictions, individuals are required by law to assist law enforcement officers when requested, and failure to do so can result in criminal punishment. The level of punishment can vary depending on the jurisdiction, ranging from violations to misdemeanours. For example, in Arkansas, refusing to assist a law enforcement officer is classified as a Class C misdemeanour.
It is important to note that the specific laws and consequences related to refusing to assist a law enforcement officer may differ depending on the location and context. For instance, the laws in Florida state that neglecting or refusing to assist a law enforcement officer in a criminal case, preserving the peace, or apprehending an individual is a misdemeanour of the second degree. On the other hand, in Colorado, a person over the age of eighteen who refuses to aid a peace officer in effecting an arrest is guilty of a class 1 petty offence.
While the general principle of assisting law enforcement officers is widely recognised, the specific circumstances under which assistance is required may vary. For example, individuals may be required to assist in effecting a lawful arrest, preventing another person from committing an offence, or preserving the peace. It is also worth noting that, in some jurisdictions, individuals who assist law enforcement officers in good faith may be immune from civil or criminal liability for their actions.
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Resources for law enforcement agencies
The Department of Justice (DOJ) offers a variety of resources to support law enforcement agencies in the US. The DOJ's Office of Community Oriented Policing Services (COPS Office) is responsible for advancing community policing practices by state, local, territorial, and tribal law enforcement agencies. The COPS Office provides grants, training, and technical assistance to community members, government leaders, and law enforcement.
The DOJ also offers the Bureau of Justice Assistance (BJA), which helps strengthen the nation's criminal justice system by providing grants, training, and technical assistance, and policy development services to state, local, and tribal governments. The Bureau of Justice Statistics (BJS) is another DOJ initiative that collects, analyses, publishes, and disseminates information on crime, criminal offenders, victims of crime, and the operation of justice systems.
The Office of Justice Programs (OJP) provides leadership to federal, state, local, and tribal justice systems by sharing knowledge and best practices, as well as offering grants for crime-fighting strategies. The OJP's bureaus include the National Criminal Justice Reference Service (NCJRS), which offers resources to meet the information needs of those interested in criminal and juvenile justice, and the Office on Violence Against Women (OVW), which aims to reduce violence against women and improve services for victims.
The Office for Victims of Crime (OVC) is another resource that supports partnerships with law enforcement agencies at various levels to combat crime, promote safer neighbourhoods, and establish collaborations between police and communities. The OVC provides discretionary grant programs, training, and technical assistance to help agencies provide effective law enforcement and comprehensive services to victims and their families.
Additionally, the Department of Homeland Security (DHS) offers a searchable Law Enforcement Resource library with tools and products, including training and grant opportunities. The DHS is committed to ensuring that all law enforcement agencies have the necessary tools and support to maintain security.
State-specific resources are also available, such as the Virginia State Police, which provides specialised assistance to local law enforcement agencies through its General Investigation Section (GIS). The Virginia State Police also offer equipment, training, and planning support through their Special Operations Division, as well as a Statewide Agencies Radio System (STARS) for multi-channel digital voice and data wireless communications.
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Community engagement and collaboration
A healthy relationship between police and the community is foundational to effective policing. When trust is established, citizens are more willing to provide valuable feedback, voice their needs, and actively collaborate with law enforcement to protect their community. This collaboration can lead to a better understanding of community values, which in turn can inform policies and strategies that reflect these values.
To achieve this, law enforcement agencies should adapt their approaches to the unique needs and challenges of their specific communities. Community outreach programs, such as youth outreach and informal meetings, can facilitate these connections by providing opportunities for citizens and police to interact outside of law enforcement situations. These interactions can help break down barriers, overcome negative stereotypes, and build bridges between law enforcement and the community.
Additionally, technology and social media can play a significant role in enhancing community engagement and collaboration. Citizen engagement tools and software, such as PowerEngage, enable law enforcement to improve transparency, communicate more effectively, and gather insights to better understand their communities. Social media platforms can also be harnessed to engage and educate community members, providing an additional avenue for collaboration and the sharing of information.
By actively engaging with the community and adapting their strategies to meet its needs, law enforcement agencies can foster a culture of trust and collaboration, which ultimately contributes to improved community relations and more effective policing.
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Law enforcement and mental health
Law enforcement officers are frequently the first and only community resource to respond to emergencies involving individuals with mental health issues. They are responsible for either recognizing the need for treatment and connecting the person with the appropriate resources or determining that the person's illegal activity necessitates arrest. As a result, law enforcement officers have assumed the role of "street-corner psychiatrists" by default, and many have grown accustomed to this role, while others do so reluctantly or with resentment.
The collaboration between law enforcement and mental health systems is crucial, and their distinct areas of expertise should be recognized and not confused. Police officers play an increasingly important role in managing individuals experiencing psychiatric crises, as they are often the first to be called. It is essential that law enforcement officers receive training in recognizing mental illness and accessing mental health resources. Crisis Intervention Training (CIT), for example, educates officers about mental illness and provides them with de-escalation techniques.
Mental health issues among law enforcement officers themselves are also a significant concern. Police officers are considered a high-risk group for developing psychological illnesses due to the numerous traumatic events they may experience during their careers. They often witness disturbing incidents, such as child abuse, suicide, domestic violence, and officer-involved shootings. The suicide rate for law enforcement officers is alarmingly high, with more officers dying by suicide than in the line of duty. Prolonged work hours, excessive workload, police culture, and organizational restructuring are additional sources of stress that can impact their mental health.
To address these issues, employing mental health clinicians to work in partnership with law enforcement can be beneficial. The Denver Police Department's Co-Responder Program, for example, pairs licensed mental health clinicians with police officers to respond to calls involving mental illness, substance use issues, and co-occurring disorders. This approach has been successful in reducing the strain on police departments and increasing morale, and improving community trust by treating mental health emergencies as health issues rather than criminal matters.
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Penalties for refusal to assist
Refusing to assist a law enforcement officer is an offence in various jurisdictions around the world. The terminology used for this offence varies, with some jurisdictions using the terminology "refusing to aid a police officer" or "failure to aid a police officer". The penalties for refusing to assist a law enforcement officer can range from violations to misdemeanours, and may include fines or potential imprisonment.
In the United States, the penalties for refusing to assist a law enforcement officer vary from state to state. For example, in New York, refusing to aid a peace or police officer is a class B misdemeanour under New York Penal Law § 195.10. Individuals who are convicted of this offence may face criminal penalties, including fines and potential imprisonment. In Arkansas, refusing to assist a law enforcement officer is classified as a Class C misdemeanour. Similarly, in New Mexico, refusing to aid an officer is considered a petty misdemeanour.
In Georgia, the penalties for refusing to assist a law enforcement officer are outlined in the 2010 Georgia Code Title 17 - Criminal Procedure Chapter 13 - Criminal Extradition Article 2 - Uniform Criminal Extradition Act. This code states that any person who refuses to assist a law enforcement officer in the execution of their duties shall be subject to the same penalties as those who interfere with the officer's official acts.
In Florida, refusing to assist a law enforcement officer is considered a misdemeanour of the second degree, punishable under s. 775.082 or s. 775.083. Additionally, customs officers have the authority to demand assistance from any person in making an arrest, search, or seizure authorized by any law enforced or administered by customs officers. If a person, without a reasonable excuse, neglects or refuses to assist a customs officer, they may be guilty of a misdemeanour and subject to a fine of up to $1,000.
It is important to note that there may be exceptions to the law in certain jurisdictions. For example, individuals who are physically incapable of providing assistance or those who would be put in danger by complying with the request may be exempt from the requirement to assist law enforcement officers.
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Frequently asked questions
In many jurisdictions, refusing to assist a law enforcement officer is considered an offence and may result in varying levels of punishment, from violations to misdemeanours.
Community members can assist law enforcement in several ways, including:
- Volunteering: Citizen volunteers can support officers by performing clerical tasks, assisting with search and rescue activities, patrolling, and more.
- Participating in Community Meetings: Residents can engage with police representatives to help solve community issues and build a positive relationship.
- Attending Events: Law enforcement agencies often host events such as neighbourhood barbecues and National Night Out to engage with the community.
- Serving on a Citizen Advisory Board: Many police departments have citizen boards that provide advice and assistance on crime reduction strategies.
Government agencies can assist law enforcement by providing resources, training, and support. For example, the Department of Justice (DOJ) offers tools and resources to combat the opioid epidemic and support crime victims. The Bureau of Justice Assistance (BJA) provides grants, training, and technical assistance to state, local, and tribal governments to reduce violent and drug-related crime.
There are several resources available to law enforcement agencies, including:
- Training: Ongoing training is crucial for officer wellness and can cover topics such as behavioural health intervention, opioid death prevention, and community engagement.
- Grants and Funding: Agencies like the BJA and the Office for Victims of Crime (OVC) provide grants to support law enforcement and combat victimization.
- Research and Development: The National Institute of Justice (NIJ) leads the research agenda for policing, advancing knowledge and tools for more effective policing practices.
- Toolkits: Toolkits such as the Law Enforcement Naloxone Toolkit provide resources for establishing programs to address specific issues.
