Terms
Police corruption is defined as the abuse of police authority for personal gain or to gain advantage for the police organization. Police corruption can take the form of a variety of criminal activities ranging from actual commission of serious criminal (i.e. drug trafficking and money laundering) to the instances where police will “look the other way” when a person commits a minor everyday violation of the law. Some police corruption may involve overlooking crimes committed by family or friends. Police corruption may also involve depriving people of their legal rights.
The federal government’s Department of Justice is responsible for handling cases of police corruption at all local, county, state, and federal levels of action. This also includes police corruption that takes place in prisons and jails. Laws against police corruption cover all persons in the United States, including citizens and non-citizens. When a person feels that they have been the victim of police corruption, they can file a complaint with the Department of Justice who will begin investigating the case. The Department of Justice has the authority to file civil and criminal charges against police corruption offenders.
The government considers it police corruption when one or more persons acting “under the color of law” willfully attempt or succeed in depriving another person or persons of their legal rights. “Color of law” involves using the authority of their police status even if the acts exceed the officer’s rightful power. It is also considered police corruption when officers engage in a pattern or practice of depriving another person or group their constitutionally and legally protected rights. The type of police corruption and misconduct covered by these laws can include: the excessive use of force; unlawful stops, arrests, or searches; sexual assault; deliberate fabrication of evidence, and any other act that results in the loss of liberty or rights to another.
Federal law also considers it police corruption when any member of a police force or a police organization discriminates against a person or group because of their sex, gender, race, color, national origin, religion, or sexual orientation. Discrimination based on disability may also constitute police corruption and misconduct.
In addition to police corruption that does harm to individual citizens or groups of people, police corruption can also involve external violations like: accepting bribes from citizens who habitually violate non-criminal statutes or ordinances (i.e. traffic laws); accepting bribes by those who violate the law in order to make money (i.e. prostitutes, drug dealers); accepting money in exchange for police services or protection. Other examples of police corruption can include: fraud, embezzlement, nepotism, extortion, and the actual commission of felony crimes.
When a person or group is convicted of police corruption, they can face incarceration, heavy fines, restitution, revocation of their badge, and much more. If you would like to learn more about police corruption, please contact us to speak with a qualified and experienced attorney who can advise you of your legal rights and options.
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