mykeystrokes.com

"Do or Do not. There is no try."

“A Badge Does Not Confer Credibility”: Bias Can Strain An Already Difficult Standard In Prosecuting Police

Average people find it difficult to place themselves in the shoes of police officers who live everyday knowing their next call could be their last. So when faced with a shooting by a police officer in questionable circumstances, they give deference to the officer’s decisions.

Jurors usually find that such officers reasonably believed the slain person posed a threat of serious bodily harm or death, justifying deadly force under legal standards.

Prosecutors are keenly aware of this tendency and know they will have difficulty prosecuting such cases. It would be hard, however, to create an alternative legal standard that could better ensure both an officer’s right to safety and the individual’s right to be free from excessive force.

Many minority citizens fear that jurors’ racial biases expand the notion of when it is reasonable for an officer to use deadly force. Indeed, one of the first questions many commentators asked when the decision was announced in the Michael Brown shooting was whether the grand jurors who declined to indict Darren Wilson, the officer who shot him to death, were split along racial lines.

Perceptions of racial bias undermine the legitimacy of the criminal justice system, splitting citizens along racial lines when a white police officer kills an unarmed racial minority.

While we cannot eliminate the possibility for bias in prosecutions, we can make the process more transparent. Local prosecutors should not be faced with the choice of bringing charges against members of the police departments they rely on every day. These cases should automatically be referred to the state attorney general’s office or a special prosecutor who does not have the same perceived conflict of interest.

Jurors should be given clear instructions that an officer’s testimony carries the same weight as that of any other witness and that a badge does not confer credibility.

Criminal prosecutions, however, are not the most effective way to address systemic problems in a department because they focus solely on the actions of an individual officer and not on the organizational culture that likely shaped that conduct. To force broader changes in police practices, advocates should focus on institutional factors that encourage police misconduct, such as the failure to identify, supervise and discipline officers who are prone to misconduct.

 

By: Kami Chavis Simmons, Former Federal Prosecutor, Professor and Director of the Criminal Justice Program at Wake Forest University School of Law; Room for Debate, The New York Times, November 25, 2014

November 30, 2014 Posted by | Criminal Justice System, Grand Juries, Police Officers | , , , , , , , | Leave a comment

   

%d bloggers like this: