ExecutiveChronicles | 5 Types of Police Misconduct | Police officers do a difficult job under difficult circumstances, but this does not excuse cases of misconduct that can have a detrimental effect on citizens, their families, and their community.
Here are five common types of police misconduct and what they mean. If you have been the victim of law enforcement office misconduct, you could be entitled to make a legal claim against them and the police department they work for.
Use Of Excessive Force
This is one of the most common forms of police misconduct, and one of the most common complaints made against police forces across the country by citizens.
Law enforcement officers have a duty to uphold the law using reasonable force, and when they use excessive force, it is unreasonable. This means that when they use unreasonable force to apprehend a criminal, the police themselves can become guilty of a crime too.
Look here for more details on police misconduct and what you can do if you or someone you know is the victim of excessive force from a law enforcement officer or officers. The police need to be held to account just as everyone else is, and their excessive actions should be recognized in a court of law.
Malicious Prosecutions
The police need to have justifiable cause to investigate someone for a crime. If an officer arrests someone without having solid justification backed by evidence, a claim of malicious prosecution can be made by the victim.
Some officers use their power to pursue personal grudges and begin to harass or intimidate their victims, which often leads to malicious prosecution.
Coerced False Confessions
Though this is a much rarer occurrence today, in decades gone by many officers would manipulate or trick suspects into making false or inaccurate confessions. This violates the rights of the suspect and often leads to a failed prosecution and false imprisonment.
This is often used to prosecute young people who are more vulnerable and easily influenced by authoritative police officers. Many cases lead to large financial settlements, as innocent people have spent time in prison often losing years of their life to a coerced false confession.
False Imprisonments
This level of misconduct is often a part of malicious prosecution, and these two complaints are often filed together. When someone is arrested and detained without probable cause or an arrest warrant, they may be able to claim false imprisonment.
Police officers can arrest someone without an active warrant if they reasonably believe they have committed a crime or intend to. Their reasonable belief must be based on the available information and officers often have to make a decision quickly, causing false arrests and false imprisonments.
Racial Profiling
When law enforcement officers arrest someone using their race or skin color as a part of their probable cause, this is racial profiling and gross police misconduct. This can often affect whole police departments and not just single officers.
Racial profiling claims and other claims of racially motivated police misconduct are often grouped together in class action lawsuits as the issue can affect whole communities.
These types of police misconduct can affect anyone, anywhere. It is important to remember that you have rights that should not be violated and police officers can be prosecuted for their behavior too.
