Police misconduct
Overview
Police misconduct refers to inappropriate actions taken by police officer
s in connection with their official duties. Police misconduct can lead to a miscarriage of justice
and sometimes involves discrimination
. 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, false confession
, false arrest
, falsified evidence
, false imprisonment
, intimidation
, police brutality
, police corruption
, political repression
, racial profiling
, sexual abuse
, surveillance abuse
and off-duty misconduct.
Police officer
A police officer is a warranted employee of a police force...
s in connection with their official duties. Police misconduct can lead to a miscarriage of justice
Miscarriage of justice
A miscarriage of justice primarily is the conviction and punishment of a person for a crime they did not commit. The term can also apply to errors in the other direction—"errors of impunity", and to civil cases. Most criminal justice systems have some means to overturn, or "quash", a wrongful...
and sometimes involves discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
. 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
Eavesdropping
Eavesdropping is the act of secretly listening to the private conversation of others without their consent, as defined by Black's Law Dictionary...
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, false confession
False confession
A false confession is an admission of guilt in a crime in which the confessor is not responsible for the crime. False confessions can be induced through coercion or by the mental disorder or incompetency of the accused...
, false arrest
False arrest
False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction...
, falsified evidence
Falsified evidence
False evidence, forged evidence or tainted evidence is information created or obtained illegally, to sway the verdict in a court case. Also, misleading by suppressing evidence can be used to sway a verdict; however, in some cases, suppressed evidence is excluded because it was found hidden or...
, false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
, intimidation
Intimidation
Intimidation is intentional behavior "which would cause a person of ordinary sensibilities" fear of injury or harm. It's not necessary to prove that the behavior was so violent as to cause terror or that the victim was actually frightened.Criminal threatening is the crime of intentionally or...
, police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
, police corruption
Police corruption
Police corruption is a specific form of police misconduct designed to obtain financial benefits, other personal gain, or career advancement for a police officer or officers in exchange for not pursuing, or selectively pursuing, an investigation or arrest....
, political repression
Political repression
Political repression is the persecution of an individual or group for political reasons, particularly for the purpose of restricting or preventing their ability to take political life of society....
, racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
, sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
, surveillance abuse
Surveillance abuse
Surveillance abuse is the use of surveillance methods or technology to monitor the activity of an individual or group of individuals in a way which violates the social norms or laws of a society. Mass surveillance by the state may constitute surveillance abuse if not appropriately regulated....
and off-duty misconduct.
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