POLICE MISCONDUCT

Police misconduct refers to inappropriate or illegal actions taken by police officers in connection with their official duties. Police misconduct can lead to a miscarriage of justice and sometimes involves discrimination or obstruction of justice. In an effort to control police misconduct, there is an accelerating trend for civilian agencies to go beyond review to engage directly in investigations and to have much greater input into disciplinary decisions.With the proliferation of mobile devices capable of recording alleged misconduct, existing eavesdropping laws in some jurisdictions are being leveraged to prosecute civilians, while in other circumstances police will illegally seize or delete evidence

Types of misconduct include: coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling, unwarranted surveillance, unwarranted searches, and unwarranted seizure of property. Other types of misconduct includes:

  • Bribing or lobbying legislators to pass or maintain laws that give police excessive power or status
  • Similarly, bribing or lobbying city council members to pass or maintain municipal laws that make victimless acts ticket-able (e.g. bicycling on the sidewalk), so as to get more money
  • Selective enforcement (“throwing the book at” people who one dislikes; this is often related to racial discrimination)
  • Sexual misconduct
  • Off-duty misconduct
  • Killing of dogs unjustly
  • Noble cause corruption, where the officer believes the good outcomes justify bad behavior
  • Using badge or other ID to gain entry into concerts, to get discounts, etc.
  • Influence of drugs or alcohol while on duty
  • Violations by officers of police procedural policies

Police officers often share a “blue code of silence”, which means that they do not turn each other in for misconduct. While some officers have called this code a myth  a 2005 survey found evidence that it exists.[6] A 2019 study in the journal Nature found that misconduct by one police officer substantially increased the likelihood that peer officers would also engage in misconduct.[7][8] In addition to the blue code of silence, police misconduct also can lead to a miscarriage of justice and sometimes the obstruction of justice.

In an effort to control police misconduct, there is an accelerating trend for civilian agencies to engage directly in investigations and to have greater inputs into disciplinary decisions. Additionally, individuals and groups are now filming police activities in an effort to make them accountable for their actions. With the proliferation of smart devices capable of high-quality video recording, instances of police misconduct and abuse are gaining attention on social media platforms and video-hosting sites such as YouTube. To protect their interests, some officers have resorted to verbal intimidation as well as physical violence against citizens attempting to record their misdeeds. In other circumstances, police will illegally seize or delete evidence recorded by citizens, in spite of laws that make it a crime to destroy evidence of a crime being committed, whether the crime is committed by civilians or by the police

Types of misconduct include false confession, false arrest, false evidence, false imprisonment, intimidation, police brutality, police corruption, racial profiling, surveillance abuse, witness tampering and off-duty misconduct. Others include:

  • Noble cause corruption, where the officer believes the good outcomes justify bad behavior
  • Selective enforcement (knowledge and allowances of violations by friends, family and/or acquaintances unreported)
  • Abuses of power (using badge or other ID to gain entry into concerts, to get discounts, etc.)
  • Police perjury (blatant lying under oath and/or to other authorities to cover wrongdoing)
  • Influence of drugs and/or alcohol while on duty
  • Violations by officers of police procedural policies

There is a view that police officers share a ‘code of silence’ and do not turn each other in for misconduct. While some officers have called this code a myth, a 2005 survey found evidence that it exists.

Misconduct has been shown to be related to personality and education, but it can also be significantly affected by the culture of the police agency. Education can help predict misconduct, with better-educated officers receiving fewer complaints on average.

Some analyses have found that changes in structural disadvantage, population mobility, and immigrant population have been associated with changes in police misconduct. Social disorganization may create a context for police misconduct because residents may not have in place the social networks necessary to organize against police malpractice. The fact that most police officers enjoy broad discretion and minimal supervision has been cited as increasing opportunities for police misconduct.

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