Kara Sears
Law enforcement agencies are not legally bound to investigate all reported crimes. They may refuse to investigate a case for various reasons, such as a lack of evidence or limited resources. However, if an individual feels that their case warrants investigation and law enforcement is not taking action, they can take several steps to address the situation. This includes contacting the local District Attorney's office, which may have its own investigation team, or reaching out to the mayor's office to garner support for their cause.
| Characteristics | Values |
|---|---|
| Reasons for not pursuing a case | Loss value is too little, no evidence to warrant further work |
| Pre-arrest investigation tools | Interviewing the victim, witnesses, and suspects; surveillance; searching social media and other websites; obtaining warrants for records; going undercover |
| Length of pre-arrest investigation | Depends on the seriousness and complexity of the crime |
| Options when police won't investigate | Hire a private investigator, meet with a lawyer, pursue civil courts |
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What You'll Learn
Inadequate investigations
In the United States, the Supreme Court has acknowledged the "'inadequate-investigation defense'" as a common trial tactic used by lawyers. This defense strategy challenges the government's evidence and the adequacy of the investigation techniques employed by law enforcement. For example, in United States v. Mason, the Fourth Circuit held that jury instructions could explain that "law enforcement techniques are not your concern" in response to an inadequate-investigation defense. Similarly, in Cota-Meza, the Tenth Circuit recognised the relevance of inadequate investigations and upheld jury instructions that allowed consideration of the manner in which the investigation was conducted.
Confirmation bias during ongoing investigations may cause law enforcement officers to conduct searches and ask questions that yield further inculpatory evidence or nothing at all. This can result in investigative errors and wrongful convictions. Racial bias is also a significant factor, with studies showing that Black youth suspects are often overestimated in age, while white youth are perceived as younger.
The Department of Justice investigates and prosecutes allegations of Constitutional violations by law enforcement officers, including excessive force, sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs. These investigations aim to uphold the rights and well-being of citizens while holding law enforcement officers accountable for their actions.
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Law enforcement misconduct
Law enforcement officers are tasked with the responsibility of protecting the rights and safety of citizens. However, there are instances when these officers abuse their power and engage in misconduct. Law enforcement misconduct refers to a range of actions that violate the civil rights of individuals, including the use of excessive force, sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or a substantial risk of harm to a person in custody. In the United States, the Department of Justice (DOJ) is responsible for investigating and prosecuting allegations of law enforcement misconduct.
The DOJ's investigations involve alleged violations by police officers, jailers, correctional officers, probation officers, prosecutors, judges, and other federal, state, or local law enforcement officials. The department's authority extends to all law enforcement conduct, regardless of whether an officer is on or off duty, as long as they are acting or claiming to act in their official capacity. The DOJ's investigations and prosecutions are guided by federal laws, criminal and civil statutes, and the principles of federal prosecution set forth in the United States Attorneys' Manual (USAM).
Instances of law enforcement misconduct include the use of excessive force, which is one of the most common types of allegations investigated by the DOJ. This involves physical assault or the use of force beyond what is necessary to maintain order or protect officers and others from harm. Sexual misconduct is another form of law enforcement misconduct, which includes nonconsensual sexual contact with persons in their custody, sexual assault, sexual contact procured by force or coercion, and unwanted sexual touching or groping.
Additionally, law enforcement misconduct can involve obstruction of justice, where officers attempt to prevent victims or witnesses from reporting misconduct, lie to officials during investigations, write false reports, or fabricate evidence. The DOJ also addresses discriminatory treatment and misconduct on the basis of race, color, national origin, sex, religion, and disability. This includes discriminatory arrests, traffic stops, use of force, and coercive sexual conduct.
In cases where individuals believe their rights have been violated by law enforcement but the police refuse to investigate, individuals can seek alternative options. They can hire a licensed private investigator or turn to civil courts, especially for crimes that have civil law counterparts, such as battery or theft. Meeting with a lawyer can help individuals understand their legal options and protect their rights.
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Criminal investigations
Firstly, it is important to acknowledge that law enforcement agencies operate within finite resource constraints. As such, they must often prioritize investigations based on the severity and complexity of the crimes. In some cases, they may refrain from pursuing an investigation if the loss incurred by the victim is deemed insignificant or if there is a lack of substantial evidence to warrant further inquiry. This initial assessment phase can vary in duration, lasting from days to weeks or even longer, depending on the nature of the case.
Additionally, law enforcement agencies are obliged to respect the rights of individuals during investigations. For instance, in the United States, the Fourth Amendment protects citizens against unreasonable searches and seizures. This means that without probable cause or a warrant, law enforcement officers cannot arbitrarily search a person's property or effects. If the investigation lacks the necessary evidence or legal grounds to proceed, law enforcement may decide to halt their inquiries.
Moreover, it is worth noting that law enforcement officers are not infallible, and their investigations are subject to scrutiny and evaluation. Academic sources, such as the Columbia Human Rights Law Review, have highlighted instances of inadequate police investigations, where confirmation bias or flawed techniques may have influenced the outcome of a case. In such situations, the defense may present an "inadequate-investigation" argument, questioning the methods and thoroughness of the law enforcement agency.
While law enforcement agencies have the discretion to end investigations without apparent causes, it is crucial to remember that other avenues for seeking justice exist. Victims or individuals dissatisfied with the police's handling of a case can pursue civil courts, hire private investigators, or file complaints with external agencies, such as the Department of Justice (DOJ) or the Federal Bureau of Investigation (FBI), which handle criminal cases separately from civil matters. These external agencies can provide oversight, investigate allegations of misconduct, and offer relief to victims if warranted.
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Civil cases
In the United States, the police may choose not to investigate a case for a variety of reasons. For instance, the value of the loss may be too little, or there may not be enough evidence to warrant further investigation. In such cases, individuals can turn to civil courts and file a civil lawsuit. Most crimes, such as battery or theft, have civil law counterparts.
If an individual believes that the police have been negligent in their investigation or have engaged in misconduct, they can file a complaint with the internal affairs department for the law enforcement agency, the U.S. Department of Justice, or a state human rights department. A complaint can also be filed with the local or state governing body that oversees and funds the law enforcement agency. For instance, a person could raise issues relating to a police department with the city council.
If the police's failure to investigate a crime takes the form of discrimination, a person may have a civil rights action against the officer or the department. For example, if the police consistently fail to investigate domestic violence reports made by Black women, this inaction could amount to racial and gender discrimination, violating equal protection under the law. In such cases, a person could file a federal or state civil rights action. These lawsuits can be challenging to win, but monetary damages are possible if successful.
Additionally, individuals can hire a licensed private investigator to investigate their case. Private investigators are trained to handle such situations and can help gather more evidence to support the case. Consulting a lawyer can also help individuals understand their options and protect their rights.
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Prosecuting law enforcement
When prosecuting law enforcement, it is crucial to establish the intent behind any constitutional violations. According to Section 242 of the federal criminal statute, it must be proven beyond a reasonable doubt that the officer knew their actions were wrong and against the law, and they decided to act regardless. This standard ensures that mistakes, fear, misperception, or poor judgment are not prosecuted.
The DoJ's authority extends to all law enforcement conduct, whether on or off-duty, as long as the officer is acting or claiming to act in an official capacity. Additionally, the DoJ prosecutes law enforcement officers for obstruction of justice, such as preventing victims or witnesses from reporting misconduct, lying during investigations, writing false reports, or fabricating evidence.
In cases where the police refuse to investigate, individuals can seek alternative options. They can hire a licensed private investigator or pursue civil courts, especially for crimes with civil law counterparts like battery or theft. Meeting with a lawyer can help individuals understand their legal options and protect their rights.
Prosecutors play a crucial role in prosecuting law enforcement officers. They serve the public's interests and are guided by principles of federal prosecution, ensuring fair and effective decision-making. Prosecutors must exercise discretion, avoid prejudicing criminal proceedings, and maintain confidentiality. They should not represent law enforcement personnel but instead focus on their public responsibilities and the interests of victims, witnesses, and suspects.
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Frequently asked questions
If the police refuse to investigate your case, you can contact the local District Attorney's office. Most DA's offices have their own investigation team and may be able to pursue charges independently. If this does not work, you can try contacting the mayor's office or going to the media to put pressure on the police to investigate.
There are several reasons why law enforcement might refuse to investigate a case. These include a lack of evidence, the value of the loss being too little, or the investigation not being worth their limited time and resources.
While you can take matters into your own hands, it is not recommended that you try to investigate yourself. Instead, you can hire a licensed private investigator or contact an attorney who can conduct their own investigation, including reviewing the police's evidence, interviewing witnesses, and researching applicable laws.
Law enforcement officials collect and preserve physical evidence, interview victims and witnesses, and conduct surveillance of suspects. They may also go undercover, especially in drug offense, pornography, or other serious felony investigations. The length of a pre-arrest investigation will depend on the seriousness and complexity of the crime and can take days, weeks, or even years to complete.
