Police misconduct refers to unlawful or unethical actions committed by police officers during the scope of their duty. Examples of police misconduct include excessive force, false arrest or imprisonment, fabrication of evidence, tampering with witnesses, racial profiling, and any other abuse of their authority. Any of these actions can significantly increase the chances of someone being wrongly convicted for a crime they did not commit. In addition to the possibility of a wrongful conviction, Misconduct erodes public trust in law enforcement and can cause legal challenges and civil lawsuits, resulting in financial burdens for the criminal legal system.
According to data collected by the Cato Institute’s National Police Misconduct Reporting Project (MPMRP), approximately 1% of all police officers engage in misconduct each year and the disciplinary outcomes of investigating such misconduct are dire. According to a September 2020 report by the National Registry of Exonerations, Official misconduct contributed to the wrongful convictions of 54% of defendants who were later exonerated and police officers committed misconduct in 35% of exoneration cases since 1989. Specifically, police officers were responsible for most of the witness tampering, misconduct in interrogations, fabricating evidence, concealing exculpatory evidence, and perjury at trial.
Sometimes, police misconduct is part of a bigger problem within the police force. An example of large-scale misconduct is the case of former Chicago Police Commander Jon Burge, who was accused of operating a torture ring in Chicago for years. Officers, under Burge’s command, used electrical shocks and beatings, suffocated people with plastic bags, and burned them with cigarette lighters, but faced no consequences from the state for their behavior. It took about a decade after the torture was first exposed for Burge to be held accountable, fired, and ultimately convicted of federal charges for obstructing justice and perjury—not for torture but for lying under oath when he denied torturing people in a civil trial brought by one of his victims.
Other times, misconduct is less obvious. For instance, some officers pressure witnesses to say things that aren’t true, leading to wrongful convictions. Take the case of Timothy (“Tim”) Atkins, who was wrongfully convicted based on the witness testimony of Denise Powell. Denise claimed Tim had confessed to a crime, leading to his imprisonment for over two decades. However, a post-conviction investigation later revealed that Denise was pressured by the police to testify. In overturning Tim’s conviction, the judge concluded that officers had threatened Denise with jail if she did not provide information about the case.
This shows why it’s important to deal with both big and small problems with the police. Officers need to be held responsible for their actions to make sure everyone is treated fairly. However reporting misconduct can be hard because officers might not want to tell on their coworkers, and sometimes the system protects them. However, with more people recording police actions, there’s more chance to hold them accountable.
The widespread use of cell phone cameras has empowered citizens to record and report instances of police misconduct, contributing to increased public accountability. However, reporting instances of police misconduct remains a challenge for the average citizen. If someone wants to report police misconduct, they usually have to go through the police department or a review board. Each place has its own rules for reporting. However, reporting and making changes in how police work is important to make sure innocent people are treated fairly.
