In a landmark study conducted at the University of Mississippi and Old Dominion University, researchers have been delving into the lesser-known realm of law enforcement: what happens when the very officers meant to uphold the law are the ones breaking it? Over 6,000 cases involving criminal conduct of the police officers were examined as part of the research.
Associate Professor of criminal justice and legal studies at the University of Mississippi, Francis Boateng, alongside Old Dominion University’s Daniel Pryce discerned that the committing of crimes on-duty versus off-duty, the officers’ rank, and the type of crime committed – such as cases involving drugs, women, or children, significantly influenced the level of punishment meted out.
“Who polices the police?” is a question that stirs much debate and controversy; and statistics do highlight that law enforcement officers are less likely to face severe punishments than regular civilians for equivalent crimes. Boateng and Pryce’s research indicates that qualified immunity and police unions play significant roles in this disparity.
Qualified immunity serves as a legal shield that protects police officers from being held accountable for actions committed in line with their duty. Although designed to prevent charges for necessary actions such as arrests, it has often been exploited to defend against allegations of misconduct, assault, and even murder. According to Boateng, the interpretation of this clause needs an overhaul, as it currently encourages officers to engage in misconduct without fear of repercussions.
Police unions, funded by dues from officers, can also thwart the prosecution of officers by providing counsel. Pryce stated that while it’s true unions typically remain staunchly supportive of officers, it’s also proven that once a prosecutor decides to press charges against an officer, the case often goes through the full legal process.
Despite these structures that favor officers, the study found that local law enforcement agencies do an overall admirable job of policing their officers. Boateng and Pryce noted that departments that fail in this regard tend to erode community trust, negatively affecting their work. The research showed a significant 72% conviction rate in cases where officers were charged, pointing to a responsive criminal justice system.
While neither researcher advocated for increased oversight for departments with a history of success, both agreed repeated failures necessitate more supervision. Pryce further emphasized that police legitimacy is vital for community trust—”if there’s no trust, the police can’t rely on us to help provide information. It’s a vicious cycle. If we don’t trust them, they can’t trust us.” This investigation into what happens when officers break the law aims to prompt reform, encouraging police departments to increase self-policing and further build on community trust.
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