Gavin Howe
Police officers are meant to enforce the law, but what happens when they break it? 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 or substantial risks of harm to individuals in custody. However, police officers have been criticized for engaging in unconstitutional practices, particularly those that target Black individuals. This raises the question: can police officers ignore laws they deem unconstitutional, and what are the consequences when they do so?
| Characteristics | Values |
|---|---|
| Police powers | Police may stop and frisk a suspect, search a person or their belongings, and use force |
| Police misconduct | Police misconduct includes excessive force, sexual misconduct, theft, false arrest, deliberate indifference to serious medical needs or a substantial risk of harm to a person in custody, and obstruction of justice |
| Citizen's rights | Citizens have the right to remain silent, refuse consent to a search, and have a government-appointed lawyer if they cannot afford one |
| Citizen's responsibilities | Citizens are advised to stay calm, not exhibit hostility, and write down details of the police encounter, including officer badge numbers and agency |
| Police accountability | The Department of Justice investigates and prosecutes allegations of Constitutional violations by law enforcement officers, including at the federal, state, and local levels |
| Court rulings | Courts have ruled on police use of force, with some granting summary judgment to officers and removing questions of reasonableness or justification from juries |
| Racial disparities | There are concerns about racially discriminatory policing and the impact of race on court analyses and police lawmaking |
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What You'll Learn
Police violence and accountability
Police officers are expected to uphold the law and maintain peace and order. However, there have been instances where police officers have abused their power and engaged in violent and unconstitutional behaviour. This has led to a discussion on police violence and accountability, with a focus on whether police officers can ignore laws they deem unconstitutional.
In the United States, the Department of Justice investigates and prosecutes allegations of Constitutional violations by law enforcement officers. These violations often include the use of excessive force, sexual misconduct, theft, false arrest, and deliberate indifference to the medical needs or safety of individuals in custody. Despite this, police officers have been known to act with impunity, particularly in cases involving Black individuals, who are disproportionately targeted by racially discriminatory policing practices. This has resulted in a lack of trust in law enforcement and calls for greater police accountability.
The concept of "officer-created danger" has been criticised as an expansion of liability, with the argument that considering an officer's poor tactics or negligence in contributing to a dangerous situation would amount to punishing them for imperfection rather than constitutional wrongdoing. However, others argue that state violence is often the result of a series of decisions that must be evaluated and held accountable by the courts. This is especially important when the lives and rights of marginalised communities are at stake.
In the case of the fatal police shooting of Ashtian Barnes, the court's decision to focus solely on the moment of perceived threat by the officer, rather than the entirety of the encounter, raises concerns about the accountability of police officers in incidents of violence. The court's ruling, which deemed the killing legally justified, highlights the need for a more comprehensive analysis of police encounters to ensure that the use of force is reasonable and that officers are held accountable for their actions.
To improve police accountability, individuals stopped by police officers are advised to know their rights, such as the right to remain silent, refuse consent to searches, and document any interactions by taking notes or recording videos. These measures can help preserve an individual's rights and serve as evidence in any subsequent legal proceedings or complaints against law enforcement officers.
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The Department of Justice's role
The Department of Justice ("The Department") plays a crucial role in addressing allegations of Constitutional violations by law enforcement officers. It has the authority to investigate and prosecute such allegations, ensuring that officers are held accountable for their actions. The Department's investigations often involve allegations of excessive force, sexual misconduct, theft, false arrest, and deliberate indifference to the medical needs or safety of individuals in custody. This includes situations where officers may have ignored laws they deemed unconstitutional.
For instance, Section 242 prohibits law enforcement officers from deliberately ignoring a substantial risk of harm to individuals in their custody. To prove deliberate indifference, the Department must establish that the officer was aware of the risk, had the opportunity to intervene, and chose not to take appropriate action. This can include instances where an officer fails to intervene when a fellow officer violates someone's Constitutional rights.
The Department's role extends beyond investigating and prosecuting individual officers. It also addresses systemic issues within law enforcement, such as racially discriminatory policing practices and the lack of democratic accountability among police officers. The Department's investigations and prosecutions send a clear message that Constitutional violations will not be tolerated and help to deter future misconduct.
Additionally, the Department of Justice provides guidance and training to law enforcement agencies to prevent Constitutional violations from occurring in the first place. This includes educating officers about their duties and obligations under the law, as well as promoting best practices for de-escalation and unbiased policing. The Department also works closely with community organizations and civil rights groups to address concerns and develop strategies to improve police-community relations.
In conclusion, the Department of Justice plays a vital role in upholding the rule of law and protecting the rights of citizens by investigating and prosecuting allegations of Constitutional violations by law enforcement officers. Their work helps to ensure that officers are held to the highest standards of conduct and accountability, deterring misconduct and promoting trust in the justice system.
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Racial discrimination in policing
While police officers are expected to uphold the law and protect citizens' rights, racial discrimination in policing remains a pervasive issue. This discrimination is rooted in the nation's history of slavery and sustained by systemic exclusion, implicit and explicit bias, and residential segregation. The burden of de-escalation falls on police officers, but unfortunately, officers do not always behave in a way that respects citizens' rights, even when those rights are asserted.
Racial disparities in policing take many forms, including increased police presence in marginalized communities, disproportionate vehicle stops and searches, and the use of force. For example, research has shown that Black residents are more likely to be stopped by police and, when interactions occur, officers are twice as likely to threaten or use force against Black and Hispanic residents. This discrimination is further evident in the criminal justice system, with Black Americans comprising 27% of all individuals arrested in America in 2016, despite only making up around 13% of the total population.
Community-based interventions and police reforms have been proposed to address these issues. For instance, the Justice Department's investigation into the Ferguson Police Department after the shooting of Michael Brown exposed discriminatory practices, such as disproportionately targeting Black residents for tickets and fines to balance the city's budget. To address such issues, state governments have been urged to reevaluate their spending and tax systems to provide financial support to cities and towns, reducing their reliance on ticketing and fining residents.
Additionally, scholars advocate for a comprehensive social change driven from the bottom up and the top down, including reforms in law enforcement, courts, and community involvement. Body-worn cameras by police officers have also been suggested as a means to close the racial gap in police misconduct investigations.
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Citizens' rights when stopped by police
Being stopped by the police can be a stressful experience, and it is important to know your rights as a citizen. While the burden of de-escalation falls on police officers, you cannot assume that officers will behave in a way that respects your rights. It is advisable to stay calm and not exhibit any hostility towards the officers. Remember that you have the right to remain silent and do not have to answer any questions about your identity, where you are going, or where you are coming from.
If you are a driver or a passenger in a vehicle that has been stopped by the police, you have the right to remain silent. If you are a passenger, you can ask if you are free to leave, and if the officer says yes, you may silently leave. Stop the car in a safe place, turn off the engine, turn on the internal light, open the window halfway, and place your hands on the wheel. If you are the driver, upon request, show the police your driver's license, registration, and proof of insurance. Avoid making sudden movements and keep your hands visible at all times.
You do not have to consent to a search of yourself or your belongings, but police officers may pat down your clothing if they suspect you are carrying a weapon. Refusing consent may not stop an officer from carrying out the search, but making a timely objection can help preserve your rights in any later legal proceedings. If you are arrested, you have the right to a government-appointed lawyer if you cannot afford one, and you can make a local phone call. The police cannot listen in if you call a lawyer.
If you are stopped by the police, it is a good idea to write down as many details as you can remember, including the officers' badge and patrol car numbers, which agency they were from, how many officers were present, and their names. If you are able to, you can also record the events as long as you do not interfere with what the officers are doing. If you are unhappy with how you were treated, you can file a written complaint with the agency's internal affairs division or civilian complaint board.
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Police lawmaking and the courts' role
Police officers are not above the law, and they can be prosecuted for violations of the law and the Constitution. The Department of Justice investigates and prosecutes allegations of Constitutional violations by law enforcement officers, 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.
However, police officers have been criticized for effectively making laws through their discretionary powers and enforcement decisions, which are often insulated from democratic processes and scrutiny. This is particularly concerning when police lawmaking disproportionately impacts certain racial groups, as has been argued in the case of the United States.
The courts play a crucial role in holding police accountable and addressing unconstitutional police lawmaking. They can evaluate the lawfulness of police actions and decisions, including the use of force, and provide a check on police powers. The courts' interpretation and application of the law in cases involving police conduct can either reinforce or challenge the status quo.
For example, in a case involving the fatal police shooting of Ashtian Barnes, the U.S. Court of Appeals for the 5th Circuit held that courts could only assess whether the officer was in danger at the precise moment of the shooting, rather than considering the entirety of the encounter. This interpretation has been criticized for potentially justifying police violence and shielding officers from accountability for their actions and decisions that led to the use of force.
The courts' treatment of race in these cases is also crucial. Critics argue that by failing to explicitly address race and the historical context of police violence, particularly against Black Americans, the courts contribute to a distorted and incomplete analysis of police accountability and the constitutionality of police actions.
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Frequently asked questions
No, police officers are not allowed to ignore laws they think are unconstitutional. The Department of Justice investigates and prosecutes allegations of Constitutional violations by law enforcement officers. These include excessive force, sexual misconduct, theft, false arrest, and deliberate indifference to serious medical needs or substantial risk of harm to a person in custody.
You have the right to remain silent and do not have to answer questions about your personal details, such as where you live or whether you are traveling from. You also do not have to consent to a search of yourself or your belongings, but an officer may pat you down if they suspect a weapon. Refusing consent may not stop the search, but making a timely objection can help preserve your rights in any later legal proceedings.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave, and if so, silently leave the car in a safe place as soon as possible.
It is important to write down and/or record as much detail as possible, including officers' badge and patrol car numbers, the agency they are from, how many officers are present, and their names. If there is a use of weapons or any injuries, these should also be noted.
An officer who does not intervene to stop a Constitutional violation can be prosecuted if it is shown that they were aware of the violation, had the opportunity to intervene, and chose not to do so.
