Reporting Complaints

In police cases, the grand jury works with the prosecution, which has the investigative services of the police at its disposal. Just like a regular court case, the accused is presumed innocent while the judge listens to the prosecution’s argument and evidence and the arguments presented by the defense.

For this system to function justly, the police must bring all cases of lawbreaking before the court.

However, the police often exercise discretion in bringing cases to the court for several reasons:

1. It is extremely difficult to draft and keep up to date a criminal code that contains all the conduct deemed “criminal,” as there are technical offenses and offenses that the public opinion no longer considers criminal.
2. Police do not have sufficient resources to enforce all the laws all the time. Therefore, enforcement must be selective.
3. Bringing to court an officer who technically violated a law may damage that person’s reputation.

When faced with a potential criminal case, officers typically consult with the Fraternal Order of Police and a lawyer, reviewing the evidence before making public statements. These misconduct complaints are dealt with internally, going up the hierarchy eventually to a trial board of three officers.

This internal bias connects to what is known as the police “code of silence,” where officers turn a blind eye to misbehavior in order to preserve camaraderie. Those who violate the code are ostracized and abandoned.

Dismissal probation is often used to punish officers who report misconduct.

Prosecution

For a victim of police misconduct to win a court case, initial investigations must prove an officer intentionally abused their power without justification or provocation. Prosecution depends on whether

• The officer’s actions were questionable vs. criminal,
• If the officer legitimately saw the victim as a threat, and
• If the use of lethal force was a symptom of bigger department problems and not the individual’s fault.
  • Officers may be influenced by undisciplined police department cultures where the use of force is encouraged. Because of this, they might not consider their use of force excessive.

Local prosecutors are often reluctant to charge cops they work with daily, and this absence of state charges leads to calls for federal intervention.

However, federal investigations typically lead to controversial conclusions as they must be provided with evidence that the officer acted with an intent to violate the victim’s civil rights - more grave crimes like murder are uncommon. These conclusions may be correct from a legal standpoint but are often not what activists want.

“Investigators can’t criminally charge an officer if they conclude that a “reasonable” cop would have done the same thing in the same situation.”