Gavin Howe
Law enforcement officials, including police officers, are expected to respect and protect human dignity and maintain and uphold the human rights of all persons. While the majority of law enforcement officers perform their jobs with respect for their communities and in compliance with the law, there are incidents of police misconduct. In the US, the Department of Justice (DOJ) enforces laws that address police misconduct and citizens can file a complaint with the DOJ if they believe their rights have been violated. In this context, it is important to know your rights when encountering questions from law enforcement. For example, you have the right to remain silent and to talk to a lawyer before answering questions. However, you cannot assume that officers will respect your rights, and there are situations where people have been injured or killed despite cooperating with the police.
| Characteristics | Values |
|---|---|
| Law enforcement officials | All officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention |
| Powers | Arrest or detention |
| Duties | To respect and protect human dignity and maintain and uphold the human rights of all persons |
| Use of force | Only when strictly necessary and to the extent required for the performance of their duty |
| Corruption | Incompatible with the profession of law enforcement officials |
| Discrimination | Prohibited on the basis of race, color, national origin, sex, and religion |
| Criminal cases | Investigated and handled separately from civil cases |
| Evidence in criminal cases | Must establish proof "beyond a reasonable doubt" |
| Evidence in civil cases | Must satisfy the lower standard of a "preponderance of the evidence" |
| Punishment in criminal cases | To punish a wrongdoer for past misconduct through imprisonment or other sanction |
| Punishment in civil cases | To correct a law enforcement agency's policies and practices that fostered the misconduct and, where appropriate, may require individual relief for the victim(s) |
| Right to remain silent | Yes, and the right to a government-appointed lawyer if you cannot afford one |
| Right to a lawyer | Yes, and the police cannot listen in on the call |
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Police misconduct
While police officers are sworn to uphold the law, there are occasions when they may refuse to enforce a law or may engage in misconduct. Police misconduct refers to inappropriate actions taken by police officers in their official capacity, which can range from neglect of duty and failure to follow proper procedure, to more serious offences such as abuse of power, corruption, and civil rights violations.
Police officers have a duty to uphold the law impartially and without bias, and to enforce the laws that are in place, regardless of their personal beliefs or opinions. However, there may be rare circumstances where an officer might refuse to enforce a particular law. This could occur if an officer believes that a law is unjust or violates the Constitution, or if they feel that enforcing a certain law would cause more harm than good in a specific situation. For example, an officer might use their discretion and choose not to arrest someone for a minor offence, such as a petty traffic violation, instead issuing a warning.
However, an officer's discretion does not extend to choosing which laws to enforce based on their personal beliefs or biases. If an officer refuses to enforce a law because they disagree with it, this could be considered misconduct or even a failure to uphold their duty. Police officers are expected to carry out their duties without prejudice and with the goal of maintaining public safety and order.
There are checks and balances in place to hold police accountable and prevent misconduct. Internal affairs divisions, independent review boards, and citizen complaint processes are all mechanisms designed to investigate allegations of police misconduct and ensure that officers are acting within the scope of their duties. These measures aim to provide transparency and accountability in policing, and to uphold the integrity of the criminal justice system.
Police officers are expected to exercise their powers responsibly and ethically, and to maintain the trust of the communities they serve. When officers engage in misconduct, it can erode public confidence in law enforcement and undermine the legitimacy of the criminal justice system. Therefore, it is crucial that police forces maintain high standards of professionalism and integrity, and that any instances of misconduct are addressed swiftly and appropriately.
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Corruption
While the majority of law enforcement officers carry out their duties with respect for their communities and in compliance with the law, there are incidents of police misconduct and corruption. Police corruption is a form of crime that can involve illegal actions such as bribery or participation in criminal activity. It occurs when officers use their police authority for personal gain and can cause a department to lose its reputation and the community to lose trust in law enforcement.
The Code of Conduct for Law Enforcement Officials by OHCHR defines an "act of corruption" as the "commission or omission of an act in the performance of or in connection with one's duties, in response to gifts, promises or incentives demanded or accepted, or the wrongful receipt of these once the act has been committed or omitted". Law enforcement officials are expected to respect the law and the Code, and to prevent and rigorously oppose any violations of them. They are also required to report any violations or suspected violations to their superior authorities and, where necessary, to other appropriate authorities or organs.
In the United States, the principle of discretion grants public prosecutors and police significant latitude in deciding whether to charge someone with a crime and which charges to file. This is known as selective enforcement and can be inevitable in some cases, such as when it is impractical for police officers to issue traffic tickets to every driver speeding. However, the biased use of enforcement discretion, such as that based on racial prejudice or corruption, is usually considered a legal abuse and a threat to the rule of law. It can lead to arbitrary outcomes, favoritism, and unequal treatment under the law, with individuals from marginalized communities facing harsher penalties.
To address police misconduct and corruption, the Department of Justice (DOJ) enforces federal laws that cover the actions of state, county, and local officers, as well as federal law enforcement officers. These laws prohibit discriminatory treatment, including misconduct, on the basis of disability, race, colour, national origin, sex, and religion in law enforcement services and activities. They also prohibit retaliation for filing a complaint with DOJ or participating in an investigation. In criminal cases, the DOJ seeks to punish the wrongdoer through imprisonment or other sanctions, while in civil cases, it aims to correct the law enforcement agency's policies and practices that fostered the misconduct.
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Respecting human rights
While the majority of law enforcement officers carry out their duties with respect for their communities and in compliance with the law, there are incidents where this is not the case. In such cases, it is important to know your rights when encountering questions from law enforcement.
In the performance of their duty, law enforcement officials are expected to respect and protect human dignity and maintain and uphold the human rights of all persons. These human rights are identified and protected by national and international law, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and the International Convention on the Elimination of All Forms of Racial Discrimination, among others.
Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty. They may not inflict, instigate, or tolerate any act of torture or other cruel, inhuman, or degrading treatment or punishment. This prohibition is derived from the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which states that such acts are "an offence to human dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations and as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights."
If you believe your rights have been violated by law enforcement, you can file a complaint with the Department of Justice (DOJ). The DOJ enforces laws that address police misconduct, including criminal and civil statutes that cover the actions of state, county, and local officers, as well as federal law enforcement officers. In a criminal case, the DOJ seeks to punish the wrongdoer through imprisonment or other sanctions, while in a civil case, the DOJ seeks to correct the law enforcement agency's policies and practices that fostered the misconduct. Individuals may also have a private right of action, allowing them to file a private lawsuit for violations of certain statutes.
It is important to know your rights when interacting with law enforcement. You have the right to remain silent and to consult with a lawyer before answering any questions. You do not have to answer questions about where you were born, your citizenship status, or how you entered the country. You also have the right to refuse consent to a search, although this may not stop an officer from carrying out the search. If you are able, it is recommended to record interactions with law enforcement, either by taking video or writing down details such as officers' badge and patrol car numbers, the agency they are from, and any other relevant information.
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Use of force
The use of force by law enforcement officials is a highly scrutinized aspect of policing. The leading case on the use of force is the 1989 Supreme Court decision in Graham v. Connor, which held that all claims of excessive force by law enforcement officers should be analyzed under the Fourth Amendment's objective reasonableness standard. This standard requires courts to judge the reasonableness of force used based on the perspective of a reasonable officer on the scene, considering the totality of the facts and circumstances.
Law enforcement officials have a duty to protect the right to life, liberty, and security of individuals, as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. This means that the use of force should only be employed when strictly necessary and to the extent required for their duties.
To ensure ethical and responsible use of force, governments and law enforcement agencies are responsible for providing comprehensive training and testing for their officers. This training should cover police ethics, human rights, alternatives to force, and the understanding of crowd behavior, with a focus on limiting the use of force and firearms.
In the United States, the Department of Justice (DOJ) enforces laws that address police misconduct, including the use of force. These laws cover state, county, and local law enforcement officers, as well as those working in prisons and jails. The DOJ investigates criminal and civil cases separately, with criminal cases seeking to punish wrongdoers and civil cases aiming to correct policies and practices that fostered misconduct.
It is important to note that law enforcement officials who refuse to carry out unlawful orders to use force and firearms are protected and should not face criminal or disciplinary sanctions. Superior officers, however, can be held responsible if they fail to take measures to prevent, suppress, or report unlawful use of force by their subordinates.
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Knowing your rights
It is important to know your rights when encountering questions from law enforcement. Law enforcement officials are obligated to respect and protect human dignity and maintain and uphold the human rights of all persons. These rights are identified and protected by national and international law.
In the United States, you have the constitutional right to talk to a lawyer before answering questions from law enforcement, regardless of whether the police inform you of that right. If you request a lawyer, the officers should stop questioning you. Even if they continue to ask questions, you have the right to remain silent. You do not have to answer questions about where you are going, where you are traveling from, what you are doing, or where you live. You are also not required to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. However, in some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so. If you are driving and are pulled over for a traffic violation, you must show your license, vehicle registration, and proof of insurance, but you do not have to answer any questions.
It is important to remember that anything you say to a law enforcement officer can be used against you and others. Lying to a government official is a crime, but remaining silent until you consult with a lawyer is not. If you have already answered some questions, you can refuse to answer further questions until you have spoken to a lawyer. If a law enforcement officer threatens to get a subpoena, you are still not required to answer their questions immediately, and you should contact a lawyer as soon as possible.
If you are arrested by the police, you have the right to make a local phone call, and you can speak to a government-appointed lawyer if you cannot afford one. The police cannot listen in if you call a lawyer, but they may listen if you call anyone else. It is advisable to write down everything you remember about the encounter, including the officers' badge and patrol car numbers, the agency they are from, and any other details. If you are injured, seek immediate medical attention and take photographs of your injuries. You can file a written complaint with the agency's internal affairs division or civilian complaint board, and in most cases, you can do so anonymously.
While the burden of de-escalation falls on police officers, it is important to remember that they may not always behave in a way that respects your rights, even after you assert them. To reduce the risk to yourself, it is recommended to stay calm and not exhibit hostility towards the officers.
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Frequently asked questions
Police officers are law enforcement officials who are bound by a code of conduct that requires them to respect and protect human dignity and human rights. While the majority of law enforcement officers perform their jobs with respect for their communities and in compliance with the law, there are incidents where this is not the case. In such cases, individuals can file a complaint with the Department of Justice (DOJ) if they believe their rights have been violated.
If a police officer refuses to enforce a law or perform their duty, you can file a written complaint with the agency's internal affairs division or civilian complaint board. You can also file a complaint with the DOJ, which may investigate and bring a criminal or civil case against the officer or the law enforcement agency.
If you are stopped by the police, you have the right to remain silent and not answer any questions beyond providing your name in some states. You also have the right to talk to a lawyer before answering any questions, and the police cannot listen if you call a lawyer. You should keep your hands where the police can see them and stay calm to de-escalate the situation.
If you are arrested by the police, you have the right to make a local phone call, and the police cannot listen if you call a lawyer. You also have the right to a government-appointed lawyer if you cannot afford one. It is important to write down everything you remember, including the officers' badge and patrol car numbers, the agency they are from, and any witnesses' contact information.
Police misconduct can include criminal and civil violations, such as discriminatory arrests, discriminatory traffic stops, coercive sexual conduct, retaliation for filing a complaint, discriminatory use of force, and corruption. Federal laws address police misconduct, and the DOJ can bring criminal or civil cases against state, county, and local officers, including those in prisons and jails.
