Police misconduct refers to the violation of the Federal and State laws as well as the citizen’s rights through the negative actions taken by the police officers. Misconduct arises when the police officers break the police code of conduct and undertake actions for their personal gain thus leading to the abuse of justice. Misconduct can be procedural whereby the officers go against the set rules in the police department. “Police misconduct is termed as criminal when the officers when it goes against the common law principles.
Police misconduct can be seen to violate people’s rights when they go against the civil rights principles (Thompson, 2001). ” Misconduct can be seen when the police use excessive physical power, verbal abuses, using various forms of prejudice activities for example when they arrest people with regards to their gender, religion and race among other forms of discrimination and also when they choose to follow certain laws and disregard others when they are exercising their powers (Weitzer & Tuch, 2006).
Corruption in the police force is one of the major underlying issues that give rise to the various forms of misconduct when police officers abuse their powers for personal gains. Issues I. Constitutional issues Police also play a very important part in the U. S as they ensure that law and order is maintained at all times. The police are supposed to be accountable for their actions and that is why when they go against their ethical principles, they ought to be charged for such cases.
There are several issues that go against the constitutional regulations when they police breach the state and federal laws. They include: • the civil rights issues People’s rights ought to be protected regardless of the backgrounds of the individuals. If people are fighting for their right or staging a movement against certain actions that expose them to possible danger, they should be allowed to do so as long as they are staged in proper procedures are followed and the police needs to respect this.
The violent Control and Law enforcement Act (1994) included a policy which allowed the Justice Department to sue any government personnel especially the police officers who deny civilians of their constitutional privileges and other forms of continuous abusive practices (Collins & HRW, 1998). The law enforcement officers need to be impartial when they are doing their duties so that they enhance the country’s principle of equal justice for all people. • Depriving people of their rights
All people need to be protected so the police are not supposed to protect others when others are left to suffer under their watch. Under section 18 of the U. S constitution, the police officers are not supposed to deprive people of their rights to be protected. In addition, the constitution stresses that any form of discrimination in the force is not allowed (Rosenbaum, 2001). • Detention American citizens are protected from unwarranted searches and seizures in accordance to the Fourth Amendment so that the police will not use their authority to intimidate people.
Detention should not be conducted on mere speculations when there is no evidence of crime therefore; such actions need to be backed by facts at the time when the suspect was arrested. • Immunity defense Police are protected under the immunity defense though their protection is limited as compared to legislators. Since they are protected under the law so that they can do their work without fear of reprisal, it is difficult for the public to charge the police in court for the various crimes they commit and even if they are charged, at times there is insufficient evidence.
II. Police perspectives of the law The chief police officers see the laws a proper mechanism for improving the work of the police. Despite this, the laws in place are sometimes harsh on the part of the law enforcers that it limits their work as sometimes they are the ones who become the victims. this is because their work exposes them to a lot of danger and if the restrictions continue, they will continue to be limited in using force and this can be seen in the way certain suspected individuals get away with crimes in the name of civil rights.