Law enforcement personnel perform some of the most significant responsibilities that are owed to society: to protect and serve. When the public loses trust in its law enforcement agencies, the results can be devastating and damage the integrity of the criminal justice system.
When we think of misconduct by police, we generally think of excessive force; however, there are numerous ways that police can commit misconduct. These include fabricating evidence, racially profiling suspects, and/or violating the due process rights of a suspect.
Each of these actions will negatively impact communities and can significantly interfere with a fair trial for the accused. In addition to affecting victims directly, police misconduct affects the integrity of the entire justice system. The most common challenges in criminal defense cases occur as a result of improper police conduct.
Table of Contents
1. Excessive Force
Excessive force is arguably the most prominent and most contentious form of police misconduct. Excessive force occurs when a police officer uses more physical force than needed to manage a specific incident. The issue typically centers around whether the officer’s response was “reasonably” justified under the given circumstances.
Excessive force can result in serious injuries or fatalities, and often leads to public protests.
2. False Arrests and Unlawful Detentions
False arrest occurs when a law enforcement officer takes a person into custody without having probable cause. False arrests can stem from poorly investigated cases, bias, or an abuse of authority.
When an officer arrests a person solely to ‘teach them a lesson,’ or arrests someone without sufficient evidence to establish probable cause, the officer violates that person’s constitutional rights.
Both false arrests and unlawful detentions can result in civil rights lawsuits and dismissal of a criminal case.
3. Manufacturing, or Concealment, of Evidence
A fair trial is dependent upon accurate and complete evidence. If law enforcement officers manufacture a report, plant evidence, or conceal evidence that would assist the defense, then the fairness of the trial is diminished.
This type of misconduct can result in the wrongful conviction of an innocent citizen or can result in a guilty citizen going free.
4. Racial Profiling
Racial profiling occurs when law enforcement officers target citizens based on race, ethnicity, or national origin, rather than the citizen’s behavior or evidence. Studies have consistently demonstrated that minorities are stopped, searched, and arrested at a much higher rate than white people.
Not only does this practice violate the U.S. Constitution’s guarantees of equal protection, but it also diminishes the level of trust that exists between law enforcement officers and the citizens that they serve.
5. Sexual Misconduct
Sexual coercion or assault by law enforcement officers during an arrest or interrogation, as well as bribery, theft, or the cover-up of a colleague’s misconduct, are egregious violations of ethics and laws. Officers who commit such violations are frequently terminated, prosecuted, and subject to public outcry.
Beyond the immediate harm to victims, these acts of misconduct undermine public confidence and call into question the credibility of every officer involved in the case. Sexual misconduct is especially damaging because it exploits the authority and power of law enforcement in the most personal way possible. As a result, departments are increasingly adopting stricter internal policies and mandatory reporting procedures to prevent future abuse.
