San Diego Criminal Lawyers Blog
Are police accountable when misconduct occurs? Police have difficult jobs, there is no question about it. They deal with dangerous criminals and have to make weighty decisions in the blink of an eye. Monday-morning quarterbacking their decisions has become a national pastime for some, and they know they can expect cell phone footage to accompany effectively any police action. The gravity for good cops to serve and protect is phenomenal. But what about cops who are not-so-good? Anyone paying attention in the past five years or more has seen the videos and heard the tales of officers who brutalize their fellow citizens, often with little or no consequence for their actions. Why do so many cops, local and federal, get away with mishandling people with mental health disorders, people of color, juveniles, and other individuals who pose only minimal risk to the community or the officer? Many specialists on the subject believe that immunity and modern politics play a significant role.
Financial Accountability?
Officers sometimes face civil penalties for their actions. But one study demonstrated that more than 99% of the damages forked over to plaintiffs in lawsuits going back to the 1990s were not paid by the officers themselves, but by the government—meaning your tax dollars were at work protecting known rogue officers. Even in situations where officers were fired or were otherwise disciplined for misconduct, this is the case. Financial culpability is just not a reality for officers when they are found guilty of engaging in wrongful conduct, and history shows that to be true in cases ranging from obstruction of justice to actual murder charges. That is largely because of indemnity policies protecting officers.
Police Accountability
Under the current administration, law enforcement officers have greater access to legal resources and to indemnification than ever before when facing allegations of misconduct or brutality. Additionally, warnings have been issued to public officials who may have considered getting in the way of officers who may be guilty of abuse of power, making it more difficult to hold wayward officers accountable. On top of all of that, the Department of Justice (DOJ) has discontinued the fight for civil rights relating to cases aimed at police reform and settlement agreements for local police departments. They have abolished all efforts aimed at detecting and reducing police violence. The cherry on top is that those in law enforcement who have already been found guilty of crimes associated with their duties find themselves increasingly likely to be considered for a presidential pardon despite their actions and jury verdicts convicting them. And the federal database designed to keep account of federal officers found guilty of misconduct —from the ICE and Border Patrol officers to the FBI– has been demolished, allowing rogue officers to transfer across agencies with ease and to evade any checks on power.
Fighting for Your Rights
In a world where protecting officers’ rights is getting more juice than protecting the rest of us, it is more critical than ever that anyone facing criminal charges has a criminal defense attorney focused on protecting their rights. That is what you can count on at Boertje & Associates. To discuss, schedule a confidential consultation in our San Diego office today.