Can Police Officers Be Held Accountable for Breaking the Law?

The concept of police accountability and oversight is a highly debated topic in the realm of law enforcement. Can police officers, who themselves are sworn to uphold the law, be arrested for breaking it? This article explores the nuances of this issue, including how a police officer can be held responsible for unlawful actions and the challenges in achieving true accountability within the ranks.

Supervisory Roles in Handling Offending Officers

When a fellow police officer suspects another officer of breaking the law, it is both necessary and recommended to follow a structured process. The accusing officer should document and report the incident. If feasible, a superior officer should be brought in to handle the situation. This ensures that any potential crimes are adequately addressed and that the accusing officer can continue to carry out the original arrest.

Key Point: If a superior officer is willing, allowing the wrongly accused officer to go without formal charges could be considered, especially if immediate action is required.

Police Officers and Unlawful Arrests

The actual query behind this question often centers around whether a police officer can be arrested for making an unlawful arrest. The short answer is that a police officer cannot be arrested for an unlawful arrest as an unlawful event. However, they can be held accountable for other violations such as civil rights violations under federal law.

Explanation: Criminal laws are composed of specific elements, such as “intentionally,” “knowingly,” “recklessly,” and “with criminal negligence.” When a court rules that an officer lacked sufficient probable cause to arrest a person, it does not mean the officer committed a crime. An arrest in good faith is considered legal, even if probation is not provided.

An officer could potentially be held accountable for a credible civil rights violation if the prosecution can prove the officer acted intentionally. For a successful conviction, the prosecutor must demonstrate that the officer knew the arrest was unjust and proceeded anyway. The arrest would be for the greater offense of violating someone's civil rights, rather than for making an unlawful arrest.

Challenges in Police Self-Regulation

Imperfect as it may be, the system attempts to police itself. However, experience shows that this self-regulation often falls short. In many cases, police officers are more likely to cover for each other, even if one of them is breaking the law or does not know the law.

The reality is that law enforcement often fails to hold each other accountable. For instance, a case is currently being pursued to add an officer to a Brady list due to his lack of knowledge of the law, which makes him dangerous to the community and other officers.

Conclusion

While the idea of police officers policing themselves can be noble in theory, practical implementation often falls short. The justice system must continue to find ways to ensure that police officers, who are also responsible for enforcing the law, are held to the same standards and can be held accountable when they break the law. This is not only about moral righteousness but also about protecting the public and maintaining the integrity of law enforcement.

Hopefully, in the future, more robust mechanisms will be in place to ensure that police accountability and oversight are effective and impartial.