Anaya Nolan
When elected officials incite law breaking, they are often able to get away with it. This is due to the fact that individuals seeking legal redress for official violations of their rights have to navigate through a confusing maze of obstacles to justice. For example, members of Congress have failed to raise objections to Trump's unconstitutional lawbreaking spree, and federal courts have not stepped up to hold him accountable. While there are laws against police misconduct, charges and convictions of police officers are extremely rare, even in cases of homicide.
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What You'll Learn
Police brutality
When elected officials incite law-breaking, they often get away with it. While there are laws against police misconduct, charges and convictions of police officers are extremely rare. This is because individuals seeking legal redress for police brutality and other official violations of their rights have to navigate through a confusing maze of obstacles to justice.
In recent years, there have been numerous high-profile cases of police brutality that have sparked widespread protests and calls for reform. One such case was the killing of George Floyd in May 2020. Floyd, an unarmed Black man, was killed during an arrest by a white police officer who knelt on his neck for over nine minutes, despite Floyd's repeated pleas that he could not breathe. The incident sparked global outrage and brought attention to the issue of racial bias and discrimination within law enforcement.
Another example of police brutality is the case of Eric Garner, who died in July 2014 after a New York City police officer placed him in a chokehold during an arrest for allegedly selling loose cigarettes. Garner's last words, "I can't breathe," became a rallying cry for protests against police brutality and racial injustice.
While these cases have brought much-needed attention to the issue of police brutality, they are just two examples among many. Studies have shown that Black Americans are disproportionately affected by police brutality and are more likely to be victims of excessive force than their white counterparts. This disparity has led to a breakdown in trust between law enforcement and the communities they serve, particularly in minority and marginalised neighbourhoods.
To address police brutality, there have been calls for increased accountability and transparency within law enforcement agencies. This includes implementing body-worn cameras for officers, conducting independent investigations into incidents of police misconduct, and providing better training and resources to prevent excessive force. While some progress has been made, there is still much work to be done to eradicate police brutality and restore trust in the justice system.
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Police misconduct
When elected officials incite law-breaking, there can be serious consequences. While many acts of misconduct do not rise to the level of a crime and are subject to internal discipline, investigations are often toothless and can leave civilians with no good options for avoiding unlawful arrest or excessive force.
Assault, aggravated assault, murder, and manslaughter are crimes under state law, and violations of civil rights by law enforcement are federal felonies. However, the distinction between acts of misconduct that are crimes and those that are not can leave civilians vulnerable to abuse of power by police officers.
When elected officials incite law-breaking, it can create a culture of impunity where police officers feel they can act with immunity. This can lead to a breakdown of trust in the legal system and a sense of injustice among those who have been wronged by law enforcement.
To address police misconduct, there needs to be a comprehensive approach that includes increased transparency and accountability, improved training and protocols, and a commitment to justice and reparations for those harmed.
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Homicide
In some cases, an elected official may be charged with manslaughter if they are found to have incited a homicide through negligence or recklessness. Manslaughter is a less serious offence than murder, but it still carries significant legal consequences.
If an elected official is found to have incited homicide, they may face a range of penalties, including imprisonment, fines, and removal from office. The specific penalties will depend on the jurisdiction and the circumstances of the case.
In addition to criminal charges, an elected official who incites homicide may also face civil lawsuits from the victims' families. These lawsuits can seek financial compensation for the harm caused by the official's actions.
It is important to note that inciting homicide is a rare occurrence, as most elected officials are aware of the serious consequences that can result from such actions. However, when it does occur, it is essential that the official is held accountable and that justice is served for the victims and their families.
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Civil rights violations
In the United States, there is a distinction between acts of misconduct by government officials that do not constitute a crime and are subject to internal discipline, and those that violate people's rights and are federal felonies. Assault, aggravated assault, murder, and manslaughter are crimes under state law, and violations of civil rights by government agents are federal felonies. However, charges and convictions of government officials for these crimes are extremely rare, even in cases of homicide.
The First Amendment does not protect speech that incites or produces imminent lawless action and is likely to incite or produce such action. This standard was set by the Supreme Court in 1969 in *Brandenburg v. Ohio*, a First Amendment challenge to the arrest of Ku Klux Klan members under an Ohio criminal syndicalism law. The Court ruled that states have the right to punish utterances that are "inimical to the public welfare, tending to corrupt public morals, incite to crime, or disturb the public peace".
In *Whitney v. California* (1927), the Court upheld a conviction under a state criminal syndicalism law on the grounds that Communist Labor Party member Anita Whitney had uttered words that tended to "incite crime, disturb the peace or endanger the foundations of organized government and threaten its overthrow". Similarly, in *Dennis v. United States* (1951), the Court upheld the conviction of leading organizers of the Communist Party of the United States. However, in *Yates v. United States* (1957), the Court reversed the convictions of lower-level functionaries.
In his dissent in *Whitney v. California*, Justice Louis D. Brandeis contended that the state isn’t justified in prohibiting speech advocating illegal action unless it rises to the level of incitement or there’s some indication of immediate action based on the advocacy. He argued that the state can only meet the clear and present danger test if it can demonstrate "either that immediate serious violence was to be expected or was advocated, or that the past conduct furnished reason to believe that such advocacy was then contemplated".
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Impunity for government officials
One example of this impunity can be seen in the actions of former President Trump, who engaged in an anticonstitutional lawbreaking spree. While members of Congress from both parties should have objected, Trump's fellow Republicans abdicated their responsibility. Even the highly political Supreme Court has proven to be highly deferential to presidential power, ruling that government officials have vast immunity from criminal prosecution for illegal acts if they can be classified as "official".
Furthermore, many acts of misconduct by government officials that do not rise to the level of a crime are subject to internal discipline, but these investigations often lack teeth. This double standard, where harsh penalties are imposed on ordinary citizens while government officials escape punishment, underscores the need for greater accountability and equal justice under the law.
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Frequently asked questions
In theory, when an elected official incites law breaking, they are betraying their oath to the Constitution and the very foundation of liberty. In practice, however, when police officers, prosecutors, and other government officials break the law and violate people's rights, they often get away with it.
Our system of checks and balances, electoral processes, and the rule of law all play a role in ensuring that those who swear an oath to uphold the Constitution do so faithfully. When they fail, it is not only the government but the citizenry that must demand justice.
In a 2019 survey, 28% of Americans said that they think a sizable minority of elected officials break the law or abuse the powers of their office. On the other hand, 12% of Americans reported that they think almost all elected officials abuse the powers of their office.
As citizens, we must ensure that those entrusted with power are held to the highest standards, preserving the constitutional principles that define our nation. We must also demand justice when elected officials fail to uphold their oath to the Constitution.
When elected officials break the law, they can face internal discipline, but those investigations are often toothless. In some cases, they may be charged with a crime, but this is rare, especially for police officers, even in cases of homicide.
