Anaya Nolan
Law enforcement officers are responsible for enforcing the law and maintaining order in society. They are tasked with the difficult job of upholding the rights and safety of the community they serve. While the majority of law enforcement officers perform their duties with integrity and respect for their communities, incidents of police misconduct do occur. This raises the question: can police officers selectively enforce laws, and what consequences do they face if they engage in misconduct or abuse their authority? This is a complex issue that involves examining the codes of conduct, standards, and legal frameworks that govern the actions of law enforcement officials.
| Characteristics | Values |
|---|---|
| Definition of law enforcement officials | Includes officers of military authorities, uniformed or not, or State security forces |
| Service to the community | Includes assistance to members of the community who are in personal, economic, social or other emergencies and in need of immediate aid |
| Respect for human rights | Law enforcement officials must respect and protect human dignity and maintain and uphold the human rights of all persons |
| Corruption | Any act of corruption or abuse of authority is incompatible with the profession of law enforcement officials |
| Use of force | Only when strictly necessary and to the extent required for the performance of their duty |
| Use of firearms | An extreme measure; to be avoided especially against children |
| Police misconduct | Includes excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests |
| Criminal and civil laws | Investigated and handled separately, with different standards of proof and remedies |
| Minimum standards for law enforcement agencies | Based on function, size, and jurisdiction of the agency, including public benefit, sustainable funding sources, physical resources, facilities, and policies |
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What You'll Learn
Corruption and abuse of power
While the majority of law enforcement officers carry out their jobs 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 police misconduct in which law enforcement officers break their political contract and abuse their power for personal gain. This type of corruption may involve one or a group of officers.
Corruption can take many forms, including bribery, theft, sexual assault, and discrimination. For example, officers may solicit or accept bribes in exchange for not reporting illegal activities or violating laws. Corruption can also involve the misuse of power for the justified good, or "noble cause corruption", such as using excessive force or conducting unlawful stops, searches, or arrests. In the US, the Department of Justice (DOJ) addresses police misconduct through criminal and civil laws, which cover the actions of state, county, and local officers, as well as federal law enforcement officers. These laws prohibit discrimination on the basis of race, color, national origin, sex, and religion by law enforcement agencies receiving financial assistance from the DOJ.
In some countries, independent organizations deal with police corruption, such as the General Inspectorate of the Police (AIG) and the Committee P in Belgium. There are also internal control units within local police forces to handle minor incidents and police misconduct. However, when police corruption is exposed or perceived to be prevalent, it can damage public trust and negatively impact the legitimacy of the government, especially in violently divided societies or states undergoing armed conflict.
To prevent and address corruption and abuse of power, it is crucial to have strong oversight mechanisms, transparent procedures, and accountability measures in place. This includes investigating and prosecuting corrupt individuals, as well as implementing preventive measures such as training and education on ethical conduct and the importance of maintaining the public trust.
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Use of force
The use of force by law enforcement officers is a matter of critical concern to both the public and the law enforcement community. While there is no universally agreed-upon definition of the use of force, it generally becomes necessary and is permitted under specific circumstances, such as self-defence or the defence of another individual or group. The amount of force used should be proportional to the seriousness of the offence and the legitimate objective to be achieved.
Law enforcement officers should use only the amount of force necessary to mitigate an incident, make an arrest, or protect themselves or others from harm. This includes basic verbal and physical restraint, less-lethal force, and lethal force. The level of force used will depend on the situation, and officers are trained to judge when a crisis requires the use of force to regain control of a situation. Officers are expected to make split-second decisions and to use their best judgment in determining the appropriate use of force.
The use of force by law enforcement officers is governed by various policies and guidelines, such as the Department of Justice's use-of-force policy, which emphasizes core principles and training standards for law enforcement agencies. These agencies are responsible for developing and implementing rules and regulations regarding the use of force and firearms, and they should keep ethical issues associated with the use of force under constant review. Officers will be trained in de-escalation tactics and alternative methods for handling resisting subjects to reduce the need for force and secure the safety of the public and themselves.
When the use of force is unavoidable, law enforcement officers should exercise restraint, minimize damage and injury, and respect and preserve human life. They should also ensure that medical aid is provided to any injured persons as soon as possible and that relatives or close friends are notified. The arbitrary or abusive use of force by law enforcement officers should be punished as a criminal offence.
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Use of firearms
The use of firearms by law enforcement officials is a highly regulated area, with national and international laws and ethical considerations to take into account. The Code of Conduct for Law Enforcement Officials states that the use of force and firearms should be commensurate with due respect for human rights and only used when strictly necessary and to the extent required for the performance of their duty.
In the United States, the Law Enforcement Officers Safety Act (LEOSA), enacted in 2004, allows qualified law enforcement and retired officers to carry concealed firearms in any jurisdiction, overriding state and local laws. However, there are exceptions, including state laws that restrict firearms on government property or in gun-free school zones. The definition of a firearm under LEOSA was expanded in 2013 to include any ammunition not prohibited by the National Firearms Act of 1934. This change was made to exempt active and retired officers from New Jersey's prohibition on carrying hollow-point ammunition.
Despite LEOSA, individual states and police departments may have their own regulations regarding the use of firearms by officers. For example, in California, only sworn members of specific agencies are permitted to use non-roster handguns as service weapons, and they must complete a live-fire qualification every six months. In Ohio, a 2019 law prohibits establishments from preventing law enforcement officers from carrying weapons in public places, even when off-duty.
To carry firearms, law enforcement officials should undergo special training and be subject to periodic reviews to ensure their continued fitness to do so. The development of non-lethal weapons and equipment is also encouraged to reduce the use of firearms, which should only be used as a last resort, especially when dealing with children and when less extreme measures are insufficient.
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Discrimination
LGBT+ individuals, especially those of colour, transgender people, and youth, are vulnerable to profiling, entrapment, and violence by law enforcement. Surveys, court cases, academic studies, and media reports have documented this discrimination and harassment, which includes verbal and physical assault, as well as sexual harassment and misconduct. This mistreatment breaks down trust, inhibits communication, and hinders effective policing in these communities. While state, local, and federal laws provide some protection, there is no comprehensive federal statute prohibiting discrimination based on sexual orientation and gender identity.
People of colour have also been subjected to discriminatory treatment by law enforcement, including discriminatory arrests, traffic stops, and use of force. This discrimination is rooted in biases and a history of oppression, with screening processes for police candidates contributing to the problem by eliminating women and people of colour due to inherent biases in examinations and a lack of diversity among psychologists. The enforcement of unjust laws, such as during the Jim Crow era, has further entrenched discriminatory attitudes and behaviour towards minority communities.
To address these issues, governments and law enforcement departments can implement laws and policies to improve relationships with LGBT+ citizens and minority communities. This includes providing protections against discrimination based on race, colour, national origin, sex, and religion by law enforcement agencies receiving financial assistance from the Department of Justice. Additionally, laws prohibit discriminatory treatment based on disability in law enforcement services and activities, such as interrogating witnesses, providing emergency services, and arresting suspects. These laws also prohibit retaliation against individuals who file complaints or participate in investigations.
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Police misconduct
While the vast 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. Police misconduct refers to any act of corruption or abuse of authority by law enforcement officials. This includes the use of excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches, or arrests.
In the United States, the Department of Justice (DOJ) investigates and prosecutes allegations of police misconduct, including violations of constitutional rights. Federal laws that address police misconduct include both criminal and civil statutes, covering the actions of state, county, and local officers, as well as those working in prisons and jails. The DOJ may bring criminal charges against an individual officer, seeking to punish the wrongdoer through imprisonment or other sanctions. In civil cases, the DOJ addresses the policies and practices that fostered the misconduct and may require relief for the victims.
To establish a violation of constitutional rights, the DOJ must prove beyond a reasonable doubt that the officer intended to engage in unlawful conduct and did so knowingly. This standard of proof is higher than that required in civil cases, which need only show a "preponderance of the evidence."
In recent years, there has been a push for increased transparency and accountability in policing, with some advocating for the use of body-worn cameras (BWCs) to record interactions with the public. While some police departments have experimented with these technologies, others have expressed concerns related to privacy, cost, and resistance from police unions. Studies on the effectiveness of BWCs in reducing police misconduct have yielded mixed results, with some showing potential benefits and others indicating no impact or possible negative effects.
Instances of police misconduct have also been noted outside of the United States, particularly in countries with a history of police corruption and brutality, such as Russia. In these contexts, conflicts of interest and selective enforcement of laws have been observed, often influenced by the involvement of law enforcement officers in private security work for businessmen and criminal organizations.
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Frequently asked questions
No, police officers must enforce the law fully and without corruption. While they may use force when necessary, this should be exceptional and restricted by national law and the principle of proportionality.
If a police officer breaks the law, they can be prosecuted by the Department of Justice (DOJ). The DOJ can bring both criminal and civil cases against law enforcement officers.
Police misconduct can include a range of behaviours, such as excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests.
Yes, you can file a complaint with the DOJ if you believe that your rights have been violated by a police officer.
Acts of corruption by police officers are incompatible with the profession of law enforcement. Governments must enforce the law against their own agents and within their agencies.
