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Police misconduct
Police misconduct
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Police misconduct is inappropriate conduct and illegal actions taken by police officers in connection with their official duties. Types of misconduct include among others: sexual offences, coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling, unwarranted surveillance, unwarranted searches, and unwarranted seizure of property.

Types of police misconduct

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Types of police misconduct include:

  • Bribing or lobbying legislators to pass or maintain laws that give police excessive power or status
  • Similarly, bribing or lobbying city council members to pass or maintain municipal laws that make victimless acts ticket-able (e.g. bicycling on the sidewalk), so as to get more money
  • Selective enforcement ("throwing the book at" people who one dislikes; this is often related to racial discrimination)
  • Sexual misconduct[1]
  • Off-duty misconduct[2]
  • Killing of dogs unjustly[3]
  • Noble cause corruption, where the officer believes the good outcomes justify bad behavior[4]
  • Using badge or other ID to gain entry into concerts, to get discounts, etc.[how?]
  • Influence of drugs or alcohol while on duty
  • Violations by officers of police procedural policies
  • Abusive police procedures

Police officers often share what is known in the United States as a "blue code of silence" which means that they do not turn each other in for misconduct. While some officers have called this code a myth,[5] a 2005 survey found evidence that it exists.[6] A 2019 study in the journal Nature found that misconduct by one police officer substantially increased the likelihood that peer officers would also engage in misconduct.[7][8] In addition to the blue code of silence, police misconduct also can lead to a miscarriage of justice and sometimes the obstruction of justice. At least 85,000 officers in the US have been investigated for misconduct, and some are constantly under investigation; nearly 2,500 have been investigated on 10 or more charges.[9]

In an effort to control police misconduct, there is an accelerating trend for civilian agencies to engage directly in investigations and to have greater inputs into disciplinary decisions. Additionally, individuals and groups are now filming police activities in an effort to make them accountable for their actions. With the proliferation of smart devices capable of high-quality video recording, instances of police misconduct and abuse are gaining attention on social media platforms and video-hosting sites such as YouTube. To protect their interests, some officers have resorted to verbal intimidation as well as physical violence against civilians attempting to record their misdeeds. In other circumstances, police will illegally seize, destroy or delete evidence recorded by civilians, in spite of laws that make it a crime to destroy evidence of a crime being committed.[10][11]

Contributors and prediction

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Mexico City's Police Chief, Arturo Durazo Moreno, was arrested in 1984.

Police misconduct is sometimes associated with conscious or unconscious discrimination. Misconduct has been shown to be related to personality and correlated to education, but it can also be significantly affected by the culture of the police agency.[12] Education is negatively correlated to misconduct, with better-educated officers receiving fewer complaints on average.[13]

Some analyses have found that changes in structural disadvantage, population mobility, and immigrant population have been associated with changes in police misconduct. Social disorganization may create a context for police misconduct because residents may not have in place the social networks necessary to organize against police malpractice.[14] The fact that most police officers enjoy broad discretion and minimal supervision has been cited as increasing opportunities for police misconduct.[15]

Video and audio recording

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Many police cars are now equipped with recording systems, which can deter, document or rebut police misconduct during traffic stops. Usually, the recordings have rebutted claims of police misconduct according to a 2004 study by the International Association of Chiefs of Police and Community Oriented Policing Service;[16] future innovations in recording equipment could allow an officer's entire workday to be recorded.[16] Some transparency advocates believe that such cameras should be installed in all police cruisers to ensure accountability.[17] Some police departments have experimented with Taser cameras that automatically begin recording when the Taser is deployed.[18] The Cato Institute recommends that police record all no-knock raids.[19] In recent times, police departments have been trying to implement the body camera as a step to fixing misconduct. The police departments in Pittsburgh have been trying body cameras on their officers to see both the positive and negative aspects of using body cameras.[20]

Recording by witnesses has made a significant impact on the notability and handling of police incidence[according to whom?], such as the Rodney King beating.

Adoption of Body Worn Cameras

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Although body worn cameras (BWCs) can record several situations involving law enforcement misbehavior, the key question is whether they're able to also prevent it. In an effort to enhance interactions between the police and the community, several police departments are beginning to use BWCs. Not all police departments are utilizing video recording technology. Law enforcement agencies who do not believe the new technology is necessary, who indicate a lack of support for BWC adoption from the agency's leadership and from patrol personnel, and who have privacy and cost-related concerns, report resistance to the use of BWCs. Police departments that registered a higher percentage of complaints for the excessive use of physical force are significantly more likely to be against the adoption of BWCs. Police agencies who have already purchased other types of recording technology have a substantially higher level of support for the use of BWCs. Law enforcement agencies located in US states with strong police unions are more likely to show resistance to the adoption of BWCs.[21]

Studies on BWC toward police misconduct

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Some studies suggest that body-worn cameras may offer benefits while others show either no impact or possible negative effects when it comes to police misbehavior and many police agencies choosing whether to use BWCs in hopes of reducing police misconduct or strengthen the police and community ties.[22] As an example, some studies have examined the claimed benefits of BWCs, including the ability to reduce citizen complaints and police use of force.[23] Early research claimed that using BWCs lowered both outcomes significantly, but several subsequent investigations have failed to find similar results.[24]

Another study examines how BWCs are marketed as a technological improvement that will result in more pleasant interactions between police and residents.[25] There have been attempts to explain how BWCs impact various policing outcomes, but little research has been done on how BWCs influence assaults on police. This study was limited to a few jurisdictions and has minimal relevance to a broader spectrum of police organizations; it nonetheless explores the relationship between BWCs and police victimization by focusing on total assaults and attacks with guns against police officers, using data from a sample of 516 police organizations. The data showed that BWC usage is negatively associated with police victimization.[25] The study concludes that BWCs can help prevent the occurrence of both moderate and severe violence against police in a variety of circumstances and among a wide spectrum of law enforcement organizations.[25]

Although there are numerous studies focusing on the implementation of BWCs in the hope of reducing police misconduct and the use of force by law enforcement toward citizens, there are others that underline the challenges that come with implementing BWCs. Techno-fixes by themselves may not necessarily resolve underlying issues of fractured community–police relations, including ongoing issues of racial and ethnic antagonism, and may even exacerbate these tensions.[26]

Mobile devices

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As digital recording technology usage has increased, especially using cell phones, there have been more cases of civilians capturing video of alleged police misconduct.[10][27] In response, members of law enforcement have begun using eavesdropping and wiretapping laws to charge civilians who record police without their knowledge. Some police organizations such as the Fraternal Order of Police support the prosecutions.[28] In Illinois, from 1994 to 2014, recording police without consent was a class 1 felony that could carry a prison term of 15 years.[29] In a May 2012 ruling, the Seventh Circuit Court of Appeals ruled 2-1 that the statute "likely violates the First Amendment's free-speech and free-press guarantees".[30] On 30 December 2014, then-Governor Pat Quinn signed into law an amendment to the Statute, PA 98–1142, which decriminalized the recording of law enforcement officers in the performance of their duties in public places or in circumstances in which the officers have no reasonable expectation of privacy.[31]

Most charges involving recording police are dropped or dismissed as courts have ruled on-duty police officers in public have no reasonable expectation of privacy.[10] However, police "can use vaguer charges, such as interfering with a police officer, refusing to obey a lawful order, obstructing an arrest or police action, or disorderly conduct". Perjury put along with this is lying under oath and giving false charges.[28] Arrests for these charges are more common, as are incidents of police illegally confiscating cameras, deleting evidence or misinforming citizens they cannot film. This video evidence has played a key role in raising public awareness of police misconduct during and after an incident such as the BART Police shooting of Oscar Grant, Death of Ian Tomlinson, Robert Dziekański death.[32]

Cost of police misconduct

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United States

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Misconduct Payouts by the 10 U.S. Cities with the Largest Police Departments

The United States has lost millions to police misconduct:

City Years of Cost Total Cost
Baltimore 2010-2014 $12 million[33]
Boston 2005-2015 $36 million[34]
Chicago 2004-2014 $521 million[35]
Cleveland 2004-2014 $8.2 million[34]
Dallas 2011-2014 $6.5 million[34]
Minneapolis 2011-2014 $9.3 million[34]
New York City 2006-2011 $348 million[35]
Phoenix 2010-2014 $5.6 million[34]
Philadelphia 2010-2014 $54.3 million[34]
Los Angeles 2002-2011 $101 million[35]
Oakland 1990-2014 $74 million[35]
Washington, D.C. 2010-2014 $30.5 million[34]

In 2015, the Wall Street Journal reported that during a five-year period the 10 United States cities with the largest police departments had spent over $1.4 billion on police misconduct settlements.[36] In between the years of 2010 and 2014 the total annual cost of police misconduct settlements increased, declining only in 2012, and then followed by the highest total in 2014 of $248.7 million.[36]

Largest police misconduct settlements

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With the rise of body worn cameras by police departments, settlements have also increased in both the size of the settlement and frequency of settlements. In 2015, Eric Garner's family settled with New York City, and was awarded $5.9 million in a wrongful death suit at the hands of a New York City Police Department (NYPD) officer.[37] While Garner's case was more recent, and perhaps more known to the general public, it was not New York City's most expensive individual settlement due to police misconduct. Abner Louima was abused by NYPD personnel while in custody in 1997 and settled in 2001 with the city of New York for $8.75 million.[38]

Perhaps the most costly individual settlement ever due to police misconduct occurred in Chicago when Christina Eilman suffered from a bipolar episode at Midway Airport and was arrested. Eilman was then released in a high-crime neighborhood at night in Chicago without any assistance or follow-up on her well-being. Eilman fell from a 7th-story window after being raped and suffered permanent brain damage. Eilman received $22.5 million in a settlement with the city of Chicago.[38]

The most expensive group police misconduct settlement case in New York, and possibly the most expensive group police misconduct settlement case ever, was awarded to the Central Park Five. These five men were victims to police torture that eventually resulted in false confessions and convictions. These men settled for $41 million.[38]

Other notable police misconduct settlements

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Jon Burge, a former Chicago Police Department Commander is estimated to have cost Chicago, the state of Illinois, and the county of Cook $132 million in over 20 different cases.[39] Burge was known to torture, beat, electrically shock, suffocate, and play games of Russian roulette to force confessions.[39] As part of a reparations package to victims of Burge and his team, Chicago opened the Chicago Torture Justice Center in Englewood to provide services such as counseling to those who have been victim of police misconduct.[40]

In 2000, Prince Jones, a student at Howard University, was followed by an unmarked police car; fearing for his safety he exited the car to confront the man following him who proceeded to flash a gun. Jones entered his car and put his truck into reverse, hitting the officer twice. The officer fired 16 shots into Jones' car, killing him.[41] This incident received national news coverage and was featured in Ta-Nehisi Coates' book Between the World and Me.[42] Jones' family received a settlement from Prince Georges county of $3.7 million.[43]

Settling for Misconduct

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The Chicago Reporter created a database titled "Settling for Misconduct" to track civil suits against the Chicago Police Department (CPD) with the intent of bringing awareness to the fact that a lawsuit against CPD is settled, on average, every other day.[44] The website lists cases such as the murder of Laquan McDonald by Jason Van Dyke which gained national attention and resulted in a $5 million settlement for McDonald's family.[45] The database also shows less-known cases such as an older settlement for $100,000 in which Jason Van Dyke was named for excessive force.[46] The database even includes a false arrest settlement for $1.00 against CPD officer Luis Luarenzana.[47]

Canada

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Canada has also lost millions of dollars to police misconduct settlements. Toronto, in particular, has paid $27 million in settlements for actions of police dogs, use of force, false arrests, and car chases.[48] The biggest settlement was for $2 million when a taxi driver, Ali Adaba Ghomi, was hit by a car fleeing from police and was taken to the hospital in critical condition.[48] In October 2007 members of the Royal Canadian Mounted Police (RCMP) tased Robert Dziekanski, ultimately killing him.[49] The settlement in Dziekanski's case was confidential, although it was revealed that the RCMP in addition to the cost of the settlement also donated $20,000 for a scholarship.[49]

South Africa

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In 2011, Nathi Mthethwa, the South African Police Minister disclosed that across the country more than R106m ($7,153,276) was paid in police misconduct settlements due to actions of the South African Police Service (SAPS) in the 2010-2011 fiscal year.[50] According to financial statements of SAPS, the financial balance of civil claims against the South African Police at the conclusion of the 2012 fiscal year totaled R14.8 billion ($998,651,608).[51] In one of the more notable cases, Mido Macia was dragged by a police van, and assaulted by police in 2013 in Daveyton, South Africa, the event was caught on camera, and Macia later died while in the custody of police. On 21 November 2018, his family received R6.5m ($439,110.75) in a lawsuit settlement.[52]

Russia

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The cost of police misconduct in Russia comes in the form of bribery. In 2015, Russia Police reported the average amount per bribe had reached 654,000 rubles (US$9,105.18).[53] Russia has attempted to crack down on the situation, in 2015, between January and September, Russian President Vladimir Putin reported that 8,800 people were convicted of corruption.[53] On a 5,000 kilometer route, truck drivers can expect to pay anywhere from 50,000 ($786) to 70,000 rubles ($1,101.45) on bribes to police officers.[53]

Oversight

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Hong Kong and New York City

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The Hong Kong and New York City police departments, both of which have had issues with police misconduct and corruption, have approached the problem in different ways. For corruption, Hong Kong created an external agency which investigates corruption, while New York reviews corruption through an internal department, although the information is reported to a monitoring commission. New York also uses "integrity checks" in which an officer's integrity is tested through an opportunity for corruption. For misconduct, Hong Kong reviews complaints internally with a monitoring commission while New York has created the New York City Civilian Complaint Review Board (NYCCCRB) which investigates and makes a formal recommendation to the commissioner.[54] The disciplinary records of police in New York State are confidential.

Norway

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The Special Unit for Police Affairs (SUPA) was established on 1 January 2005. In 2006 the unit received 904 complaints, of which 101 led to indictment. Of these 26 ended with the issuance of a fine, 8 cases criminal charges were brought, 64 went to trial, and 3 cases were given "påtaleunnlatelse" (no charges despite misconduct likely took place). Four police officers alone were responsible for 63 of the 101 cases. In September 2007, Jan Egil Presthus, Director of SUPA, stated to the Oslo newspaper Dagsavisen that investigations of police conduct involving death are going to be posted on the Internet. He states that total openness will strengthen the publics confidence in the unit's integrity and impartiality.[citation needed] This came following Dagsavisen in June 2007 publishing an overview of police cases with a deadly outcome. The article showed that in the ten most serious cases after the establishment of the SUPA all charges against the police were eventually dropped.[citation needed]

A media discourse focusing on deaths incurred during police arrests and transports continued in Norway throughout 2007, and Presthus counts this as one factor triggering the initiative to publish ongoing investigations on the Internet.[citation needed] The cases will be presented on the web pages of SUPA, in a way that preserves the anonymity of officers and other parties involved where deemed necessary.[55]

United States

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In the United States, access to police disciplinary records vary from state to state.[56] The Murder of George Floyd encouraged some US states to make police disciplinary records public.[57] The U.S. government does not regularly collect data on police misconduct. One attempt to track misconduct is the Cato Institute's National Police Misconduct Reporting Project, which estimates misconduct rates using newspaper reports.[58] The project's data suggest that police are more likely than the average person to commit a number of crimes including assault, sexual assault, and murder, but less likely to commit robbery.[59] The NPMSRP projects that roughly 1 in 4.7 officers will be implicated in an act of misconduct during the course of their career.[60] In the United States, the exclusionary rule means that evidence gathered through misconduct is sometimes inadmissible in court.

The Black Panther Party sought to oppose police brutality through neighborhood patrols. Police officers were often followed by armed Black Panthers, who at times came to aid African-Americans who were victims of brutality and racial prejudice. Groups like Copwatch continue to use the patrol method in communities, often using video cameras to document them.[61]

In a 2004 United States survey of the public's opinions on accountability in reforming police, most members of the public wanted an "early warning system" that flags officers who have received many complaints, video cameras on police cars, detailed records of police stops, and citizen review boards.[62] Citizen review of police has been an issue, with law enforcement concerned that citizens reviewing their actions do not understand the procedures they operate by and the citizen review board advocates arguing that the law enforcement "code of silence" requires that they have input into the disciplinary action. As of 2003, three-fourths of the United States' largest cities had citizen review boards.[63] Early warning systems are procedures designed to identify and address issues of problem officers, as around 10% of officers are theorized to cause 90% of the problems. Early warning systems were recommended by the U.S. Commission on Civil Rights in 1981, and by 1999 an estimated 27% of police agencies serving populations of over 50,000 people had implemented these programs. The systems collect data such as complaints, which triggers an intervention at a certain point. After the intervention, the officer is monitored as a follow-up.[12]

It had been argued that civil liability could create new deterrents to police misconduct.[64] Following major liability settlements in the Breonna Taylor and George Floyd cases insurance companies began to significantly raise rates for liability insurance. Insurance companies also began to inquire about the practices of the law enforcement agencies requesting insurance and requiring modification of their practices as a condition of obtaining coverage.[65] Police commissioners and citizen review boards have been cited as institutions that can help reduce police misconduct.[66] There is some variation as to how much access the civilian reviewers are given to internal police documents and personnel files.[67] Decertification of police has been cited as another possible remedy.[68] Surveys suggest that officers are aware of the detrimental impacts of police misconduct and hold strong opinions as to what strategies are preferable.[69] The exclusionary rule has been one classic deterrent to obtaining evidence through police misconduct, but it is proposed that it be replaced with restitution to victims of misconduct.[70]

United Kingdom

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England and Wales

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The Police Complaints Board was founded in 1977 to oversee the handling of complaints. This was succeeded by the Police Complaints Authority and the Independent Police Complaints Commission. The current police misconduct authority is the Independent Office for Police Conduct (IOPC), which was created in 2018. The IOPC investigate only the most serious matters, with the majority of complaints and misconduct cases handled internally by the respective force.[71] In the 2018/19 financial year, 31,097 complaint cases were recorded by police forces in England and Wales.[72]

Northern Ireland

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Complaints about the Police Service of Northern Ireland are handled by the Police Ombudsman for Northern Ireland.[73]

Scotland

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The Scottish Police Investigations and Review Commissioner oversees complaints about Police Scotland.[74]

Noted cases

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Australia

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Ticket booths used to strip search patrons at a music festival in Sydney in 2019

In 1987, the Fitzgerald Inquiry was launched in response to allegations of misconduct within the Queensland Police Service, before later being expanded to investigate allegations of corruption within the Queensland Government. At the conclusion of the inquiry, several senior police figures and government ministers were charged and jailed for various corruption offences. The inquiry led to the resignation of then Queensland Premier Joh Bjelke-Petersen, who was later charged with perjury before the case was abandoned due to a hung jury.[75]

In the mid-1990s, a Royal Commission was established to investigate allegations of corruption and misconduct within the New South Wales Police Service (later changed to New South Wales Police Force). The commission found that there was "systematic and entrenched" corruption within the organization, with adverse findings being made against 284 officers, seven of whom were jailed for various offences.[76]

In 2001, New South Wales Police were given the power to deploy drug detection dogs at certain public locations across the state – namely at major events, train stations and licensed venues.[77] More recently, the practice has been criticized due to reports of officers routinely using indications from drug detection dogs as a justification for conducting strip searches, particularly at major public events such as music festivals (see New South Wales Police Force Strip Search Scandal).[78][79] In 2018, an inquiry was launched by the state's police watchdog, who found that in several cases, officers had acted unlawfully.[80] In 2022, a class action pertaining to strip searches conducted at music festivals from July 2016 onward was filed in the state's Supreme Court.[81]

Bahrain

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During Bahraini uprising of 2011, the police forces of Bahrain were known for their heavy handedness. Many protesters and even medical staff who attended to the injured, were arrested.[82]

Brazil

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Brazil has a historical problem with police violence including summary executions. Around 6,175 people were killed by police in 2018 and 6,416 in 2020, totaling 37,029 deaths since 2013.[83][84]

Police approach civil population in the Brazilian Federal District.

Police violence is one of the most internationally recognized human rights abuses in Brazil. The problem of urban violence focuses on the perpetual struggle between police and residents of high crime favelas such as the areas portrayed in the film City of God and mainly Elite Squad.

Police response in many parts of Brazil is extremely violent, including summary execution and torture of suspects. According to Global Justice, in 2003, the police killed 1,195 people in the State of Rio de Janeiro alone. In the same year 45 police officers were killed. It is often reacted to by local communities and trafficking groups with demonstrations and violent resistance, causing escalation and multiplying victims.[citation needed] Unofficial estimates show there are over 3,000 deaths annually from police violence in Brazil, according to Human Rights Watch. There are constant complaints of racism, abuses, torture, executions and disappearances. Not all states record police killings or keep accurate statistics.[citation needed]

Reports of killings by Rio de Janeiro police decreased during the year under a new state security strategy. Statistics released by the Rio de Janeiro State Secretariat for Public Security showed 911 persons killed as a result of police confrontations from January through September, a 12 percent decrease over the same period in 2007. The Rio de Janeiro Institute for Public Security reported that police killed an average of four persons per day during 2007. According to a UN report released in September, police clashes resulted in 1,260 civilian deaths in Rio de Janeiro State in 2007. Most of these killings occurred during "acts of resistance," the UN report commented. The São Paulo State Secretariat for Public Security reported that São Paulo state police (civil and military) killed 340 civilians in the state from January to September, compared with 315 during the same period in 2007. Cases involving extrajudicial executions were either under police investigation or before the state courts; observers believed that it could take years to resolve such cases.[citation needed]

There were no reports of politically motivated disappearances. However, the Center of Studies of Security and Citizenship estimated that in 2006 approximately 1,940 persons "disappeared"; the center believed many were killed by police. There were no developments in the disappearance cases that occurred during the 1964–85 military dictatorship, and 400 cases remained for the Amnesty Commission to analyze. There were also no developments regarding the 2007 Chamber of Deputies' Human Rights Committee request that the government seize documents to determine the circumstances of military regime political prisoner deaths and the locations of their remains.[85]

Canada

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In October 2007, there was an incident at Vancouver International Airport involving new Polish immigrant Robert Dziekański. Dziekański was tasered five times during the arrest, became unresponsive and died.[86] The incident was video recorded by a civilian who turned it over to police, then sued to get it back for release to news outlets.[11] The official inquiry found the RCMP were not justified deploying the taser and that the officers deliberately misrepresented their actions to investigators.[87] The incident affected taser use in Canada and relations with Poland.[88][89]

During the 2010 G-20 Toronto summit protests, police enacted regulations the Ombudsman found contributed to "massive violations of civil rights".[90] One regulation made the security zone public works, and police interpreted this to permit them to arrest anyone not providing identification within five metres of the temporary fence.[91] There were 1,118 arrests, with 800 released without charge.[92][93] Police Chief Blair conceded later no five-metre rule existed in law,[94] and Ontario Premier Dalton McGuinty was criticized for allowing this misinterpretation.[95] In September 2011, officers who removed their name tags during the G-20 protests were refused promotion.[96]

Security officers in Metrotown, Burnaby mall demanded pictures taken of an arrest be deleted from a teen's camera. This led to a verbal confrontation and the RCMP handcuffing the teen and cutting off his backpack to search it. While the mall supports its officers' actions, according to the teen's lawyer: "private mall security guards and police have no right to try to seize someone's camera or demand that photos be deleted – even on private property."[97]

China

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The collusion between local gangs and police officers is a serious problem in many Chinese cities.[98] Local gang bosses make use of personal networks to bribe police officers, and police officers seek corrupt benefits by safeguarding their illegal businesses.[99][100] A widely publicized case is the Wen Qiang Case.[101] Wen Qiang a deputy police chief, along with family members, were arrested as part of a massive crackdown on corruption of the People's Armed Police and organized crime in Chongqing in late 2009. His crimes included bribes, rape and failing to account for assets. Wen was executed in July 2010.[102] The trials highlighted the continued use of torture by police to obtain confessions,[103] despite laws implemented in June 2010 excluding tortured confessions from being used in trials.[104]

Egypt

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A high profile rape case was reported in Egypt by a woman in 2014, who as of 8 February 2021 still seeks justice. In addition, the key witness who offered to help his friend, Seif Bedour, was subjected to torture while in pretrial custody. Bedour has been put through extreme forms of police misconduct and reportedly subjected to virginity tests via forced anal examination and drug tests. His family has been subjected to public humiliation and trauma following his misconduct in the custody. Meanwhile, the lack of adequate investigation into the 2014 Fairmont Hotel rape case has caused an unusual delay in serving justice to the victim.[105][106]

France

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Recent social movements ("Gilets jaunes", 2019-2020 strikes against the pension system reform[107]) brought to light a certain culture of violence ingrained within French police, particularly the CRS.[108][109] Although French President Emmanuel Macron denied police brutality and the use of this term,[110] he acknowledged that there have been some "individual errors" that shouldn't tarnish the police corps as a whole.

A French newspaper has tracked various serious injuries that occurred during the yellow vests movement.[111] The death of a French deliveryman from a heart attack in January 2020 in Paris, after police restraining him in a prone position following a traffic stop, prompted a debate in France over controversial restraint techniques used by police.[112]

Police interventions are mostly to prevent violent actions from members of radical and anarchists groups ("black blocs"),[113] but an important number of bystanders, journalists,[114] and firefighters[115] have also been targeted by the police.

United Nations High Commissioner on Human rights Michelle Bachelet compared the use of force in France to that seen in protests in Sudan and Haiti; in March 2019, the UN opened a formal inquiry into the use of police violence against France.[116][117]

The right to film police was made known when the "Sécurité Globale" (Global security) law was put under review by the French Parliament.

Hong Kong

[edit]

India

[edit]

Corruption is found at all levels of the Indian Police Service.[118] Reform has been made difficult with honest officers pressured by powerful local officials and suffer punitive transfers and threats while corrupt officers receive promotions. An example is the transfer of Kiran Bedi for giving a parking ticket to the Prime Ministers car.[119] A number of officers face charges in Central Bureau of Investigation cases and disciplinary proceedings but it is alleged[by whom?] that no notable action under the penal provisions is taken. With citizens who are not aware of laws of India, police of Andhra pradesh can shout, swear and be verbally abusive. They are also corrupted by organized crime groups called "factionalists" in Rayalaseema.[citation needed][120] Some of the past scandals include murder,[121] sexual harassment,[122] sex-on-tape scandal,[123] dowry harassment,[124] fraud[125] and fake killing encounter.[126]

Iran

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After the 1979 revolution, the police have become more corrupt. A British-Australian doctor, Dr Kylie Moore-Gilbert endured months of torture after she was arrested by Iranian police. [127]

Italy

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Experts view the Italian police as being relatively free of corruption and respectful of the law. About a third of Italians, however, consider the police to be corrupt.[128]

Norway

[edit]

Police misconduct has become an issue of high media attention in Norway. The death of Eugene Ejike Obiora, a naturalized Norwegian of Nigerian origin in September 2006 stirred an uproar that as of September 2007 has caused the authorities to announce significant changes to the way charges of police brutality and other forms of police misconduct, including corruption, involving the Norwegian police will be handled in the future. As a consequence of the Obiora case, training at the Norwegian Police Academy has undergone changes and national police director Ingelin Killengreen has instigated a thorough review of police methods in general.[129]

One officer employed in Oslo Police District was sentenced in 2006 to two years in prison for human trafficking, embezzlement of money and weapons, as well as theft of emergency passports.[130] Two cases were from Follo Police District.[131] One officer was accused of having felt up a number of women during interrogations. He was acquitted on almost all charges by the regional court. Another officer had been accused of abuse of power during an arrest. The Supreme Court of Norway ordered the case to be retried in the regional court after the acquittal was appealed. Another case involves a female officer from Telemark Police District who was issued a fine of 10.000 kroner and the loss of her employment for a period of five years for embezzlement and breach of confidentiality, among other issues.[132]

A prominent case of intentional[according to whom?] miscarriage of justice was against Fritz Moen.[133] In the case, several officers appear to have manipulated timelines, threatened the accused and witnesses, and made false statements to close the case.[citation needed]

According to a 2012 official report, 18 police officers have lost their jobs as result of misconduct since 2005.[134]

On May 21, 2013, the owner of Circus Bazaar Magazine recorded on video [135] two Norwegian plain-clothed police hold a handcuffed African migrant man on the ground and force multiple police batons his mouth under suspicion of concealing drugs.[136] The man was then driven a significant distance outside the capital city of Oslo and left in an unknown location.[137] The recording of the initial incident resulted in extensive investigations by multiple authorities in Norway, including Police internal affairs and the Norwegian Anti Discrimination Ombud.[138] Although the police officers concerned were not charged, the investigations led to Oslo Police District being fined 80,000 Norwegian Kroner and receiving an organizational charge of "Gross misconduct".[139]

The event also resulted in significant media attention, with the Director of the Department of Public and International Law at the University of Oslo, Aslak Syse stating that "It may appear as if both the law against degrading and inhumane treatment (UCHR art. 3), and the law against the violation of a person's privacy, have been violated."[135] A Norwegian news agency also attracted significant attention by controversially running the headline "Even shit-bags should be treated decently by police". The headline was derived from a quote on the incident by the former head of Norwegian Police Security Service (PST) Ellen Holager Andenæs.[140]

The incident also led to the production of the documentary film The Serpent in Paradise.[141]

Poland

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The Ministry of Public Security (MBP) was a Polish communist secret police service operating from 1945 to 1954 under Jakub Berman. The MBP carried out brutal pacification of civilians, mass arrests, makeshift executions such as the Mokotów Prison murder and 1946 public execution in Dębica, and secret assassinations.[142]

Individual law enforcement officers noted for torture and terror include Anatol Fejgin (1909–2002) and his deputy Józef Światło (1915–1994), in charge of the MBP's notorious Special Bureau; Salomon Morel (1919–2007), commander of the Zgoda labour camp; Stanisław Radkiewicz (1903–1987), head of the MBP's Department of Security (UB) 1944–1954; and Józef Różański (1907–1981), colonel in the MBP.

After the fall of communism the instances of police brutality are still noted in relation to policing sports matches, mostly football; the 1998 Słupsk riots and 2015 Knurów riots began after police officers killed a fan in both instances.

Russia

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Police corruption and brutality is rampant in Russia as it is common for officers to be hired as private security on the side by businessmen and Russian mafia.[143] This leads to conflicts of interest as business and political rivals are jailed with selective enforcement of laws and trumped-up charges, or kidnapped for ransom. These tactics are believed to have been used against billionaire Mikhail Khodorkovsky to "weaken an outspoken political opponent, to intimidate other wealthy individuals and to regain control of strategic economic assets".[144] Meanwhile, bureaucrats who are found guilty of significant crimes get away with light sentences.[143] Intimidation and violence against journalists and whistle blowers is high as Russia remains one of the worst countries at solving their murders.[145] It is widely believed the Federal Security Service (successor to the KGB) remain in control using the police as foot soldiers, and are unaccountable with connections to organized crime and the Russian leadership.[143]

South Africa

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At least 25 people were killed after South African police opened fire on a crowd of about 3,000 striking miners, in Rustenburg, 100 km northwest of Johannesburg, on 16 August 2012. The police were armed with automatic rifles and pistols. Workers at a platinum mine were asking for better wages.[146][147]

Saudi Arabia

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Jamal Khashoggi was a critic of Saudi Arabia who was tortured and murdered by Saudi law enforcement officials. He was invited to the Saudi embassy in Turkey and was kidnapped there.[148] In 2011, Saudi Arabia also sent law enforcement to next door Bahrain to put down protesters.[82]

United Arab Emirates

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Police in the UAE have abused those in their custody and sometimes this abuse has led to death. The Abu Dhabi Police allegedly assisted Sheikh Issa bin Zayed Al Nahyan in a 2009 torture incident.[149] The Police are also alleged to have used excessive force on critics and protesters.[150]

United Kingdom

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Police misconduct/negligence in the UK has been altered numerous times due to the influx in claims in negligence against the police. The case of Hill v Chief Constable of West Yorkshire initially provided that police could not be liable in negligence since when investigating crime, the police owe no duty of care in tort to individual citizens. This was widely adopted by the courts, but there was backlash since it granted the police 'blanket immunity' essentially meaning they could not be liable in claims of negligence.[151] This was demonstrated in the cases of Hill v Chief Constable of West Yorkshire, Van Colle v Chief Constable of Hertfordshire and Smith v Chief Constable of South Wales Police.

This was later overruled in the case of Robinson v Chief constable of West Yorkshire in which the courts held the police could be liable for harm caused to a claimant as a result of their direct actions. It was still acknowledged that similar to the general public, they do not have a duty of care to warn, protect or rescue an individual from harm caused by a third party of external factor.[151]

United States

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The Chicago Police Department in August 1968 initiated a "police riot" according to the Walker Report which gathered testimony on the violence surrounding the 1968 Democratic National Convention and Anti-Vietnam War protests.[152] Years later, the Chicago Police Department would deal with even more scandal involving the now infamous crooked cop Lt. Jon Burge and the torture cases that came out of his district. The New York Police Department (NYPD) had a prominent case of two detectives working for the Mafia during the 1980s. The Los Angeles Police Department (LAPD) in the late 1990s had a large incident of misconduct with the Rampart scandal implicating 70 officers of an anti-gang unit called C.R.A.S.H. This resulted in a US$70 million in lawsuit settlement payouts, dissolving of the unit and the LAPD entering into a consent decree with the U.S. Department of Justice on comprehensive reforms.[153][154][155]

During the 1990s the New Orleans Police Department (NOPD) also came under the scrutiny of the Justice Department when a series of crimes, including murders, by officers prompted attempts at reform by then Police Chief Richard Pennington. In the wake of Hurricane Katrina there was a spike in allegations of misconduct and in March 2011 the Justice Department published a 158-page report that found "systemic violations of civil rights" by a NOPD that routinely failed to discipline officers involved.[156] Six cases stemming from Katrina have been investigated and followed closely by ProPublica,[157] one being the Danziger Bridge shootings that resulted in two civilian deaths and four wounded. In August 2011, four officers were convicted of unlawfully firing on citizens then trying to cover it up with the assistance of a fifth investigating officer.[158]

In a number of jurisdictions, police officers have been accused of ticket fixing.[159]

Police lying under oath, particularly in drug crimes, is allegedly commonplace in certain areas; some federal grant programs such as Edward Byrne Memorial Justice Assistance Grant Program are tied to numbers, and police officers may also feel pressured to prove their productivity.[160]

The New York State Police Troop C scandal involved the fabrication of evidence used to convict suspects in New York by the New York State Police.[161]

Police Misconduct in Chicago's Police Department (CPD)

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Investigations have found that there is little to no accountability within the CPD. The department has neglected to investigate a majority of case complaints regarding police brutality. Investigations that were made were carried out poorly. Civilian and officer witnesses are often not interviewed, investigators ignored the potential for witness coaching and inappropriate coordination of testimony. Questioning of officers often aim to elicit favorable statements from them, often ignoring inconsistencies and unreasonable explanations when recounting events.[162]

See also

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References

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Further reading

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Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia
Police misconduct encompasses illegal, unethical, or policy-violating actions by law enforcement officers during official duties, including excessive force, , false arrests, , and deliberate indifference to medical needs. In the United States, where approximately 49 million residents experience police contact annually, verified instances of misconduct represent a minute fraction of interactions but carry profound consequences such as , , eroded trust, and fiscal burdens from lawsuits totaling over $3 billion in settlements by major departments in the past decade. Empirical studies reveal that serious misconduct clusters among a small of officers, adhering to Pareto-like distributions, with causal factors rooted in organizational deficiencies like poor supervision and cultural norms permissive of deviance, rather than uniform systemic failure. Efforts to curb misconduct through body cameras, use-of-force reporting, and reforms have yielded mixed results, hampered by incomplete national and resistance to transparency.

Definition and Scope

Police officers operate within legal boundaries established by constitutional provisions, statutes, and that limit their authority to prevent abuses of power. In the United States, federal criminal liability for misconduct arises under 18 U.S.C. § 242, which prohibits willful deprivation of rights under color of law, encompassing acts like excessive force, , , and deliberate indifference to medical needs that result in bodily injury or death. Civil remedies are available via 42 U.S.C. § 1983 for violations of constitutional rights, such as unreasonable searches under the Fourth Amendment or infringements. These boundaries emphasize objective reasonableness in actions like , as articulated by the Supreme Court in Graham v. Connor (1989), where force must align with the severity of the crime, immediate threat, and suspect's resistance or flight, rather than a rigid escalating continuum. Ethical boundaries complement legal limits through professional codes that demand integrity, impartiality, and respect for human dignity. The International Association of Chiefs of Police (IACP) Code of Ethics requires officers to enforce laws without bias, avoid corruption or bribery, and protect the vulnerable while upholding public trust, with violations constituting ethical breaches even if not criminal. Such standards prohibit personal gain influencing decisions and mandate cooperation with oversight bodies, fostering accountability beyond mere legal compliance. Internationally, similar principles appear in frameworks like the Basic Principles on the and Firearms by Law Enforcement Officials (1990), which stipulate proportionality, necessity, and accountability to minimize harm. Transgressions occur when actions exceed these bounds, such as fabricating evidence or engaging in off-duty , which erode legitimacy regardless of prosecutorial outcomes. Empirical data from Department of Justice investigations highlight patterns where unchecked leads to systemic issues, underscoring the need for training aligned with these standards to deter misconduct. , a judicial shielding officers from civil suits unless violations are "clearly established," has been criticized for narrowing effective boundaries, though it aims to protect reasonable decisions in high-stakes scenarios. Overall, legal and ethical frameworks converge to ensure policing serves public safety without infringing individual , with deviations prosecutable or disciplinable based on verifiable evidence.

Differentiation from Legitimate Force

The differentiation between legitimate police use of force and misconduct hinges on legal standards emphasizing objective reasonableness, necessity, and proportionality, rather than subjective intent or post-hoc moral judgments. In the United States, the established in Graham v. Connor (1989) that claims of excessive force during arrests or seizures are analyzed under the Fourth Amendment's "objective reasonableness" test, evaluating actions from the perspective of a reasonable officer on the scene, without allowance for . This standard considers factors such as the severity of the crime at issue, whether the suspect poses an immediate threat to officers or others, and whether the suspect is actively or attempting to evade by flight. Force deemed reasonable under these circumstances does not constitute misconduct, even if it results in injury, as it aligns with the exigencies of maintaining public safety amid dynamic threats. Legitimate force must remain proportional to the perceived and cease once compliance is achieved or the threat dissipates; deviations, such as continued application after submission or escalation driven by non-operational factors like retaliation, cross into misconduct. Internationally, the Basic Principles on the and Firearms by Law Enforcement Officials () stipulate that force should be used only when strictly necessary to fulfill duties and to the minimum extent required, prioritizing non-violent means and where feasible. These principles underscore causal realism in assessments: force is justified when it directly counters imminent harm, such as a wielding a or charging an , but not for punitive measures post-neutralization. Empirical analyses reinforce this by examining threat dynamics— ability (e.g., or armament), opportunity (proximity and positioning), and (verbal s or aggressive posture)—which s report as primary justifications for escalation. Distinguishing misconduct empirically involves post-incident reviews, including body-camera footage and witness accounts, to verify alignment with factors, though studies highlight challenges like perceptual distortions in high-stress encounters. For instance, on use-of-force incidents finds that justified applications often correlate with documented resistance levels, whereas misconduct claims frequently fail scrutiny when initial threats are substantiated, with clearance rates for officer-involved shootings exceeding 90% in many jurisdictions after applying Graham criteria. doctrines further protect legitimate actions by shielding officers from liability unless violations of clearly established rights are evident, preventing hindsight-driven second-guessing that could deter necessary force. This framework prioritizes operational realities over idealized reconstructions, ensuring accountability targets true excesses without undermining effective policing.

Causal Factors

Individual-Level Predictors

Empirical research indicates that police misconduct is concentrated among a small subset of officers, with individual-level predictors enabling partial forecasting of future incidents through patterns in prior behavior and personal characteristics. models applied to data from large departments, such as the , achieve predictive accuracy (AUC of 0.752 for on-duty misconduct) by identifying high-risk officers who are 6-7 times more likely to engage in future misconduct than average peers, based primarily on accumulated prior events rather than isolated severe incidents. These models perform comparably across racial groups, suggesting that predictive signals stem from behavioral histories rather than demographic proxies alone. Prior complaints and disciplinary records emerge as the strongest individual predictors, with officers exhibiting patterns of past allegations—sustained or unsustained—showing substantially elevated risk of recurrence. For instance, models incorporating all complaint types outperform those limited to sustained cases by up to 50% in , as non-sustained complaints capture early behavioral signals. Officers flagged as high-risk early in their careers are 9-10 times more likely to incur future on-duty . Systematic reviews confirm that prior poor behavior, including pre-employment issues like , consistently forecasts subsequent wrongdoing across multiple studies. Demographic factors also correlate with misconduct risk, though with varying evidential consistency. Males are implicated in misconduct at higher rates in 12 of 15 studies reviewed, while younger officers (typically under 30) show elevated involvement in 7 of 8 analyses, potentially due to or inexperience rather than maturity deficits alone. Less experienced officers face higher risk in 11 of 17 studies, contrasting with findings linking longer tenure to certain misconduct types; higher education levels inversely associate with complaints in 3 of 4 studies, implying better or self-regulation. Ethnicity yields mixed results, with 5 of 7 studies noting associations but inconsistent directions, underscoring the dominance of behavioral over purely demographic signals. Personality traits and psychological profiles contribute to predictive models, particularly traits indicative of poor self-regulation. Aggression, unstable interpersonal relationships, lack of , thrill-seeking, and are linked to higher misconduct propensity, as identified in reviews of assessments like the MMPI-2. Low and depression appear in 3 studies as correlates, with tools such as the Candidate and Officer Personnel Survey distinguishing officers with serious misconduct histories from matched controls. Pre-employment socialization and motivation further predict investigation exposure, suggesting that foundational attitudes toward authority or ethics shape long-term behavior. Officers' attitudes, including cynicism toward citizens or job dissatisfaction, predict misconduct in 7 studies, often mediating between traits and actions. These factors, while promising for screening, require validation against institutional biases in reporting, as unsustained complaints may reflect both genuine risks and systemic under-disciplining. Overall, individual predictors highlight the feasibility of targeted interventions, though unobserved heterogeneity implies limits to full predictability.

Organizational and Institutional Drivers

Organizational culture within police departments significantly influences the prevalence of misconduct, with indicating that it often perpetuates a "" or "blue wall" that discourages officers from reporting peers' wrongdoing. This norm, where officers are expected to withhold information on colleagues' deviance to maintain , varies by agency but correlates with lower perceptions of misconduct severity and reduced willingness to report, as evidenced by surveys of over 3,000 officers across 30 U.S. departments revealing stark differences in climates between high- and low-performing agencies. Such cultural barriers hinder internal , allowing isolated incidents to escalate into patterns, as theoretical models emphasize organizational defiance arising from perceived rather than solely individual failings. Police unions exacerbate institutional drivers by negotiating contracts that shield officers from effective discipline, thereby sustaining misconduct. Studies analyzing rights demonstrate a substantial rise in violent misconduct complaints—up to 20-30% in some sheriff's offices post-unionization—due to provisions limiting investigations, expunging records, and restricting oversight bodies' access to evidence. These agreements prioritize officer protections over public safety, with quantitative reviews confirming unions correlate with higher sustained allegations of excessive force and by impeding termination of problematic personnel. Deficient training programs represent another core organizational shortfall, particularly in and non-lethal force tactics, contributing to disproportionate use of . Organizational analyses link inadequate preparation—often limited to mere hours annually despite high-risk encounters—to liability in cases, as departments fail to instill alternatives to amid evolving threats. A 2025 national survey of 1,260 officers underscored training gaps in scenario-based simulations, correlating with elevated force incidents where better protocols could mitigate risks without compromising safety. Government reports further attribute systemic excessive force profiles to such deficiencies, rather than isolated errors, emphasizing the need for rigorous, ongoing curricula to align behavior with legal standards. Legal doctrines like further entrench institutional by insulating officers from civil liability unless violations breach "clearly established" precedents, diminishing incentives for restraint. Established in and expanded judicially, this framework has dismissed over 50% of qualified suits in federal courts by , per analyses, allowing recurrent misconduct without financial or professional repercussions and straining departmental reform efforts. Critics, including empirical reviews of thousands of cases, argue it hollows constitutional protections without preventing frivolous claims, as officers face litigation costs but rarely personal payout, fostering a culture of minimal deterrence. While intended to safeguard discretionary duties in hazardous roles, its application has empirically correlated with unchecked patterns in agencies lacking robust internal controls. Weak and decentralized structures amplify these drivers, as inconsistent rule enforcement and tolerance of minor infractions normalize broader deviance. In fragmented U.S. policing, with over 18,000 agencies as of 2020, varying oversight leads to "rotten barrel" effects where subcultures thrive absent strong command , per multilevel models linking structural factors to attitudes. Toxic , characterized by favoritism and resistance to transparency, heightens turnover and stress-induced , with 2024 studies documenting elevated complaint rates in departments prioritizing over . Comprehensive reforms targeting these elements—via mandatory reporting mandates and performance-based incentives—have shown promise in high-integrity agencies, reducing defiance through procedural fairness.

Situational and Societal Influences

Situational factors, including suspect resistance, weapon presence, and the cognitive demands of rapid , exert a primary influence on police coercive actions such as . Empirical analyses indicate that these encounter-specific elements account for substantial variance in , with non-compliant or threatening suspects prompting escalated responses more than demographics or predispositions. For instance, laboratory simulations demonstrate that time pressure and perceptual ambiguity heighten the risk of misidentification, where tools are erroneously perceived as guns, particularly under high workload. Operational stress from incidents like vehicle collisions, officer injuries, or significant event reports further elevates risk, including sustained allegations of excessive . Longitudinal from over 3,600 officers reveal that such stressors prospectively predict through mechanisms like induced and , impairing judgment; for example, officers experiencing injuries showed a 43.4% rate compared to 26.9% for those without. Productivity metrics, such as volume, also correlate positively with under stress, suggesting that high-activity patrols amplify strain effects. Societal conditions, particularly in high-crime and economically disadvantaged neighborhoods, correlate with elevated rates of police deployment due to increased violent encounters and police presence. County-level studies using fatal data from 2015–2020 link higher and to greater use of , with Black individuals facing 7.5 times higher odds in vulnerable areas. and similarly drive coercive policing, as officers patrol environments with denser threats, though contextual controls often attenuate apparent disparities in application. These patterns reflect causal dynamics where societal disorder necessitates proactive enforcement, rather than isolated officer malice.

Forms of Misconduct

Excessive or Unjustified Force

Excessive or unjustified force constitutes the deployment of physical coercion by law enforcement officers surpassing the objective reasonableness required under prevailing legal standards, typically evaluated through the totality of circumstances including the nature of the offense, the immediacy of any threat to officers or others, and the subject's compliance or resistance. In the United States, this benchmark derives from the Supreme Court's ruling in Graham v. Connor (1989), which mandates that force must align with what a prudent officer would deem necessary in the moment, eschewing hindsight bias. Violations often manifest as strikes, holds, tasers, or firearms applied without proportional necessity, resulting in injuries or fatalities where de-escalation alternatives existed. Empirical assessments reveal that unjustified force represents a minority of overall use-of-force events, though precise national proportions remain elusive due to inconsistent reporting and varying review criteria. The estimates that police initiate force in roughly 1.5% to 2% of annual citizen contacts—approximately 50 million encounters yielding fewer than 1 million force instances—yet internal departmental reviews sustain excessive force allegations in under 10% of complaints, with independent audits occasionally uncovering higher rates of impropriety in scrutinized agencies. A of and across U.S. departments indicated that while most incidents align with guidelines, lapses in judgment or deficiencies contribute to the unjustified subset, often concentrated among a small cadre of repeat offenders. Documented cases underscore the phenomenon's gravity, such as the April 11, 2021, fatal shooting of Adam Toledo, a 13-year-old in , where body-camera footage showed an officer firing after the youth discarded a weapon but while hands were visible and raised, prompting investigations into whether the threat persisted sufficiently to justify lethal response. Similarly, the May 25, 2020, restraint death of George Floyd in involved sustained neck compression post-resistance, ruled excessive by both state homicide conviction and federal civil rights findings, as medical evidence linked it to cardiopulmonary arrest absent ongoing peril. These incidents, while outliers amid over 60 million annual arrests, have spurred Department of Justice pattern-or-practice probes in locales like Ferguson (2015) and (2016), revealing departmental tolerances for aggressive tactics that inflated unjustified applications against non-threatening individuals. Disparities in exposure persist, with peer-reviewed econometric work documenting that non-Hispanic Blacks encounter non-lethal at rates 50% higher than whites in comparable encounters, potentially tied to situational differentials or perceptual biases rather than animus alone, as lethal shows no such gap post-controls for like possession. Public perceptions, however, inflate the incidence of unjustified , with surveys indicating overestimate non-lethal events by factors of 10-20 times actual figures derived from contact surveys and agency logs, a attributable to selective media emphasis on sustained cases over the broader justified norm. Mitigation hinges on granular incident-level data collection, as mandated yet unevenly implemented under the FBI's National Use-of-Force program since 2019, which captured over 10,000 reports by 2022 but underrepresents due to voluntary participation.

Corruption and Abuse of Power

Corruption within entails the exploitation of official authority for private gain, encompassing —where officers accept payments to ignore violations or provide undue favors—, involving coerced payments under threat of enforcement actions, and from seized property or arrestees. Official misconduct and further include falsifying reports to cover personal actions or leveraging position for non-monetary benefits, such as sexual favors in exchange for leniency. A comprehensive analysis of U.S. arrests from 2005 to 2011 identified 6,724 cases across all types, with 1,592 (23.7%) classified as profit-motivated crimes indicative of . Within this subset, common offenses included unclassified thefts (16%), or swindles (12.5%), and or (5.3%), while accounted for approximately 1.2% of total arrests (around 80 cases). in office, including and , comprised 353 cases (about 5.3% of total arrests), often involving evidence tampering or property diversion. Official arrests numbered 139 (2.1%), frequently overlapping with drug-related shakedowns where officers facilitated trafficking or stole evidence for resale. These figures, derived from aggregated news reports, yield an arrest rate of 0.72 officers per 1,000 nationwide, with profit-motivated offenses concentrated among patrol-level personnel (80% of cases) rather than supervisors. rates for such crimes averaged 57.4%, with job loss following in 67% of instances, though underreporting likely elevates true due to internal cover-ups or victim reluctance. Street-level and predominate in daily interactions, exacerbated by opportunities in traffic stops or enforcement, while higher-level schemes involve organized graft. Notable instances underscore patterns: In August 2023, federal authorities charged 10 current and former officers from Northern California's Richmond and Vallejo police departments with , including filing false reports to conceal excessive and accepting bribes for leniency. Similarly, drug- cases peaked with 739 arrests over the period, 40.5% involving sales or shakedowns, particularly cocaine and marijuana operations. The FBI's public investigations, applying statutes like the , target such abuses, revealing intersections with in border or urban settings.

Fabrication of Evidence and False Reports

Fabrication of evidence by law enforcement entails the deliberate planting, alteration, or invention of physical or testimonial material to implicate suspects, such as falsifying lab results, staging crime scenes, or coercing false confessions through deceptive interrogation tactics. False reports include inaccurate incident narratives in official documents and during testimony, commonly referred to as "testilying," where officers misrepresent , consent to searches, or observations to justify arrests or seizures. These practices undermine and contribute disproportionately to wrongful convictions, as they exploit the deference courts often grant to police accounts. Empirical assessments indicate that such misconduct, while not representative of the majority of police interactions, occurs with sufficient frequency to affect hundreds of cases annually. A National Registry of Exonerations of 2,400 wrongful convictions since 1989 found police misconduct in 35%, including fabrication in 10% (e.g., fake crimes in 5%, forensic in 3%) and at trial in 13%. An NIJ-funded study of 6,724 arrests from 2005 to 2011 documented 129 instances of false reports or statements (1.9% of total arrests) and 17 for tampering (0.3%), with higher rates in : falsification in 7.8% and planting in 4.5% of 739 drug-related cases. In interrogations, a review of 182 sessions revealed officers lying about existence in 33%, often to elicit confessions. Deceptive ploys extend to routine practices, with surveys showing 92% of 631 officers admitting to using false evidence tactics, such as claiming nonexistent polygraph failures or videos. Historical patterns include "dropsy" testimony post-Mapp v. Ohio (1961), where New York officers fabricated plain-view drug observations, rising from 17% to 43% of misdemeanor narcotics cases as direct evidence seizures fell sharply. Notable scandals illustrate scale: the LAPD's Rampart Division (1990s) involved officers planting evidence and falsifying reports, overturning 156 convictions; Tulia, Texas (1999) saw 35 fabricated drug arrests based on informant lies upheld by police; and St. Charles Parish, Louisiana, dismissed 70 cases after perjury revelations. These acts often stem from pressure to meet enforcement quotas or circumvent Miranda and Fourth Amendment constraints, fostering a culture where minor falsifications normalize. Consequences include eroded and systemic exonerations, with official misconduct in 54% of all cases per the National Registry, rising to 71% in 2024 exonerations. While arrest data suggest low detection rates relative to officer numbers (0.72 arrests per 1,000 annually), the outsized impact on innocents underscores the need for verifiable documentation to deter recurrence.

Sexual and Personal Misconduct

Sexual misconduct by law enforcement officers typically involves the exploitation of positional authority to engage in , , , or , often targeting arrestees, witnesses, victims of crime, or other vulnerable individuals. These acts range from forcible fondling and to nonforcible offenses like prostitution-related crimes, with empirical analyses identifying patterns of on-duty perpetration in approximately 51% of documented cases. Victims are predominantly female (92%) and underage (73%), frequently minors aged 14-15 encountered as strangers or acquaintances rather than family members. Arrest data from 2005 to 2007 reveal 548 incidents involving 398 sworn officers across 328 agencies in 43 states and the District of Columbia, with the most serious charges being forcible rape (21.4% of cases), forcible fondling (19.5%), and (10.8%). Expanding to 2005-2008, records show 771 sex-related arrests of 555 officers at 449 agencies, underscoring a persistent issue despite underreporting due to victims' reluctance to accuse authority figures. A separate examination of 669 cases highlights situational factors, such as traffic stops or custodial encounters, facilitating opportunity for abuse. Between 2005 and 2013, officers faced charges for forcible rape in 405 instances, averaging 45 annually nationwide. Personal misconduct, often manifesting off-duty, includes crimes like simple assault, aggravated assault, driving under the influence (DUI), and alcohol-related offenses, which comprised 53.1% (1,126 cases) of 2,119 total officer arrests from 2005 to 2007. Among these, 74.7% of simple assaults and 63.1% of aggravated assaults occurred off-duty, with over 40% of off-duty violent incidents involving domestic relationships; DUI arrests were overwhelmingly off-duty at 86.6% (226 cases). Sex offenses also show substantial off-duty prevalence, such as 77.8% of statutory rapes and 93.3% of solicitations. Perpetrators are typically officers aged 36-43 with less than six years of service, arrested primarily by external agencies (61.5%), suggesting departmental reluctance to pursue internal . These patterns indicate that while arrest-based metrics capture only detected incidents—likely underestimating true due to power imbalances and institutional protections— they reveal elevated risks compared to the general , with one analysis estimating police sexual assault rates at over double the civilian baseline. Regional concentrations, such as higher incidences in the Southern U.S. (48% of cases), point to potential cultural or oversight variances. Such misconduct erodes and correlates with broader integrity failures, though comprehensive national tracking remains limited by inconsistent reporting standards.

Empirical Assessment

Rates of Complaints and Sustained Allegations

In the United States, the decentralized structure of , comprising over 18,000 agencies, has historically impeded comprehensive national tracking of misconduct complaints, with no federal mandate for uniform reporting until partial efforts like the FBI's National Use-of-Force Data Collection began in 2019. A key benchmark comes from the ' 2002 survey of 798 large agencies (those with 100 or more sworn officers), which documented 26,556 citizen complaints alleging , yielding an average of 6.6 complaints per 100 full-time sworn officers across all such agencies and 9.5 for departments specifically. Of complaints receiving a final , approximately 8% were sustained—meaning the allegation was upheld after investigation—translating to roughly 1 sustained use-of-force incident per 200 officers. These figures, drawn from the Law Enforcement Management and Administrative Statistics (LEMAS) survey, underscore the relative infrequency of formal complaints even in larger departments handling higher volumes of public interactions. Department-level studies in recent decades confirm persistently low sustainment rates, often attributable to evidentiary burdens requiring proof beyond in internal affairs probes, though such processes have faced criticism for potential conflicts of interest due to investigator affiliations with the agencies under review. Analysis of records from 2010 to 2018, encompassing 113,768 officer-year observations, revealed an average of 2,915 on-duty complaints annually, with just 3.1% sustained; overall, on-duty misconduct was substantiated for 1.9% of officers over two-year windows, while off-duty complaints (averaging 499 yearly) saw higher sustainment at 21.7%. A working paper using this dataset emphasized that predictive models for future misconduct perform better when including non-sustained complaints (yielding precision rates up to 16.4% at a 5% threshold) than relying solely on sustained ones (8.7%), indicating that unsubstantiated allegations may signal behavioral patterns not fully captured by upheld findings alone. Broader aggregates, while useful for scale, often derive from voluntary disclosures prone to selection effects favoring agencies with more transparent or contentious records. For instance, the Police Scorecard database—compiled by the advocacy group from public records of participating U.S. jurisdictions—tallied 324,152 civilian complaints of misconduct from 2016 to 2022, with about 14% (1 in 7) ruled in civilians' favor after review. In contrast, a review of excessive-force allegations across major U.S. cities in the mid-2010s found sustainment below 7%, highlighting variability tied to local oversight mechanisms and the rarity of disciplinary outcomes even when allegations hold. Peer-reviewed examinations, such as those modeling officer data, align with national patterns, estimating sustained complaints at 8-9% of total filings, though comprehensive updates remain scarce amid ongoing debates over data quality and underreporting of incidents not formally lodged. Data on trends in police use-of-force incidents in the United States remain fragmented due to voluntary and inconsistent reporting mechanisms, with federal efforts like the FBI's National Use-of-Force Data Collection—initiated in 2019—capturing only incidents resulting in death or serious bodily injury from participating agencies, which covered about 47% of agencies in 2022. This program provides nationwide perspectives but underrepresents total incidents, as non-participation skews toward smaller agencies and excludes minor force applications. Lethal force incidents, including shootings and other deadly applications, exhibited variability from 2015 to 2023, with independent academic tracking revealing a 24% decline from 2021 to 2023 according to the Cline Center for Advanced Social Research at the University of Illinois, which aggregates media and official reports. Specific counts from this source indicate 3,474 lethal force uses in 2021 dropping to 2,842 in 2022, reflecting potential impacts from heightened scrutiny, procedural reforms, and reduced post-2020. In contrast, advocacy-driven databases like Mapping Police Violence report fatal encounters rising to record levels of approximately 1,232 in 2023 and higher in 2024, potentially inflating totals by including armed confrontations and broader definitions of police involvement, though these figures align with stable annual ranges of 1,000–1,200 fatal shootings tracked by outlets like since 2015. Non-lethal use-of-force trends show lower rates relative to police-public contacts, with surveys indicating that threats or applications of force occurred in about 1.5–2% of resident interactions in 2018, down from prior cycles amid a 23% drop in face-to-face contacts from 2018 to 2022 (from 24% to 18.5% of adults). training and body-worn camera adoption have contributed to reductions, with peer-reviewed studies documenting 10–17% drops in use-of-force incidents and complaints in implementing departments, such as a 17% complaint decline across multiple sites evaluated by the . Overall arrests fell 46% in large jurisdictions from pre-2020 baselines, correlating with fewer opportunities for force amid crime declines post-2022.
YearLethal Force Incidents (Cline Center Estimate)Fatal Shootings (Advocacy Tracker Range)Police-Public Contacts with Force/Threat (%)
20213,474~1,000–1,100~2% (stable from 2018)
20222,842~1,100–1,200~1.5% (fewer contacts)
2023~2,640 (projected decline)~1,200+Data pending; contacts down 23% from 2018
These figures highlight data discrepancies, with academic sources emphasizing declines driven by policy changes and reduced engagements, while advocacy reports stress persistence, underscoring the need for mandatory, standardized federal reporting to resolve undercounting biases in voluntary systems.

Contextual Comparisons and Rarity Relative to Interactions

Approximately 49.2 million U.S. residents aged 16 or older experienced face-to-face contact with police in 2022, marking the lowest annual figure since systematic tracking began, with prior years ranging from 53.8 million in 2020 to 61.5 million in 2018. These interactions encompass traffic stops, calls for service, and arrests, the majority of which—over 98%—conclude without any threat or application of force by officers. Use-of-force incidents, including non-lethal actions like pushing or tasers, affect an estimated 300,000 individuals annually, or roughly 0.6% of total contacts, with injuries occurring in about one-third of those cases. Empirical analyses confirm this rarity, showing force deployed in 1-2% of encounters overall, predominantly during high-risk situations involving resistance or weapons, rather than routine patrols. Fatal outcomes remain even scarcer, with police shootings claiming around 1,000 lives yearly—equivalent to 0.002% of interactions—and non-shooting deaths adding fewer than 200 more, often tied to medical events during custody. Contextually, these rates underscore police restraint relative to the hazards officers face, including armed suspects in responses that civilians rarely encounter. For instance, while U.S. police kill civilians at higher per capita rates than in many peer nations, this correlates with elevated domestic and ownership levels, which necessitate frequent armed interventions absent in lower-crime contexts. In contrast, civilian-perpetrated homicides exceed 18,000 annually, frequently involving repeat offenders without comparable or mechanisms. Sustained allegations, a proxy for verified , constitute under 10% of filed complaints, further indicating that problematic behavior arises in a minuscule subset of the 800 million officer-hours devoted to public safety each year.

Mitigation Strategies

Technological Aids

Technological aids for mitigating police misconduct primarily involve recording devices and data analytics systems aimed at enhancing accountability, documenting interactions, and preempting problematic behavior through evidence-based monitoring. These tools seek to deter excessive force, false reports, and other abuses by providing verifiable footage or predictive insights, though their efficacy varies based on implementation policies such as mandatory activation and supervisory review. Adoption has accelerated since the mid-2010s, driven by public demands for transparency following incidents like the 2014 , with over 50% of large U.S. police departments deploying body-worn cameras by 2016. Body-worn cameras (BWCs), affixed to officers' uniforms, have garnered the most empirical scrutiny, with multiple studies documenting reductions in complaints and use-of-force incidents. A 2012-2013 in , involving 46 officers, reported a 50% drop in use-of-force reports and citizen complaints during camera shifts compared to non-camera shifts, attributing this to behavioral deterrence from mutual awareness of recording. Similarly, Braga et al.'s analysis of deployments in multiple agencies found equipped officers generated fewer complaints and force reports relative to unequipped peers, with effect sizes ranging from 10-60% reductions depending on context. A 2020 Campbell Collaboration of 30 studies confirmed moderate evidence for decreased complaints (pooled of -0.19 standard deviations) but weaker, inconsistent impacts on force, noting that rigorous designs like yielded stronger positive outcomes. Notwithstanding these benefits, BWCs exhibit limitations in scalability and universality; effectiveness hinges on strict policies, as voluntary activation leads to selective recording and diminished deterrence, per analyses of non-mandatory programs showing null or minimal effects. intrusions on bystanders and resource burdens for storing and reviewing vast footage—often exceeding petabytes annually in large departments—further constrain utility, with some agencies reporting insufficient prosecutorial follow-through on violations. Complementary recording tools, such as in-car dash cameras, extend coverage to vehicular stops but lack isolated large-scale studies; integrated systems in places like have correlated with overall complaint declines when paired with BWCs, though attribution remains challenging. Data-driven predictive analytics represent an emerging aid, leveraging historical records of complaints, force reports, and performance metrics to flag officers at elevated misconduct risk for targeted interventions like counseling. A 2024 NBER study analyzing data from 2005-2020 demonstrated that misconduct events, including excessive force complaints, are predictable with 70-80% accuracy using models on prior behavioral indicators, enabling early warnings that reduced subsequent incidents in piloted cohorts by up to 15%. Such tools prioritize evidence over intuition, but critics note potential biases in training data from underreported or unevenly investigated past cases, necessitating rigorous validation to avoid false positives that erode trust. Overall, while technological aids bolster empirical oversight, their success demands integration with policy enforcement, as standalone deployment yields suboptimal results in reducing systemic misconduct patterns.

Body-Worn Cameras: Evidence and Limitations

A in , from 2012 to 2013 found that body-worn cameras (BWCs) reduced use-of-force incidents by 59% and citizen complaints by 87% among officers wearing them compared to those without. Subsequent studies, including a 2017 evaluation in the District of Columbia, reported a 48% drop in citizen complaints against equipped officers, attributing this partly to deterrence of misconduct and evidentiary value in dismissing unfounded allegations. A 2021 meta-analysis of multiple jurisdictions indicated an average 10% reduction in police use of force following BWC implementation, with stronger effects in departments with higher baseline force levels. However, a 2020 Campbell Collaboration systematic review of 30 studies concluded that evidence for BWCs reducing officer use of force remains insufficient, with an estimated 6.8% decrease that includes zero in its confidence interval, suggesting null or inconsistent impacts across contexts. A National Institute of Justice assessment of 70 studies similarly found no consistent effects on misconduct metrics, with some programs showing no change, limited benefits, or even increases in certain behaviors like arrests. Reductions in complaints may reflect resolved disputes via footage rather than prevented misconduct, as BWCs often provide evidence disproving allegations but do not uniformly capture all interactions. Limitations include officer non-compliance with activation policies, which undermines recording of critical events; one study noted discretionary control allows selective use, potentially preserving opportunities for misconduct. High costs for storage, review, and administration strain departmental resources, with initial hardware expenses dwarfed by ongoing data management burdens. Footage distortions from lens compression can misrepresent spatial dynamics, complicating forensic analysis of force incidents. Privacy concerns arise for both civilians and officers, with potential chilling effects on community interactions and officer mental health, as reported in surveys of equipped personnel. Unintended consequences, such as altered policing styles or increased assaults in some implementations, further highlight that BWCs do not address underlying cultural or training deficiencies.

Additional Recording and Data Tools

In-vehicle camera systems, also known as dash cams, capture interactions during traffic stops and pursuits, providing objective footage that complements body-worn cameras by recording from a fixed perspective. A 2024 analysis indicated that such systems contribute to reductions in use-of-force incidents, with studies showing decreased complaints and improved value in prosecutions. For instance, prosecutors reported that 90.5% had with in-car video aiding case outcomes, enhancing by documenting officer conduct outside pedestrian view. However, adoption correlates more with dismissed cases in some contexts rather than uniform reductions in force, suggesting context-specific efficacy. Custodial interrogation recording systems mandate audio-video capture in interview rooms, aimed at curbing coercive tactics and false confessions. Electronic recording has been shown to protect against false confessions by preserving verifiable accounts, with jurisdictions implementing such policies reporting heightened police and fewer testimonial disputes. A review highlighted that full recordings substantiate authentic confessions while minimizing wrongful ones, fostering in investigative integrity. By 2025, over half of U.S. states required these recordings for felonies, correlating with reduced reliance on potentially biased officer testimony. Empirical data from wrongful conviction analyses link unrecorded interrogations to a significant portion of exonerations, underscoring the tool's causal role in evidentiary reliability. Integrated digital evidence management systems (DEMS) aggregate footage from multiple sources, including in-car and interrogation recordings, to ensure chain-of-custody integrity and facilitate oversight reviews. These platforms streamline data access for internal affairs, reducing tampering risks through audit trails and , as adopted by agencies handling vast video volumes. While primarily administrative, DEMS enable for pattern detection in , with implementations showing workflow efficiencies that indirectly bolster . Limitations include high implementation costs and dependency on human review, with no direct causation established for misconduct declines absent complementary policies.

Structural Reforms

Structural reforms encompass institutional changes to police organizations, including alterations to criteria, curricula, oversight structures, and internal disciplinary systems, designed to preempt by addressing systemic vulnerabilities rather than relying solely on post-incident responses. These reforms draw from analyses of patterns, such as recurring failures in candidate screening that allow individuals prone to into ranks, or inadequate supervision that permits unaddressed behavioral issues to persist. Evidence from federal pattern-or-practice interventions under 42 U.S.C. § 14141, which mandate comprehensive departmental overhauls, shows reductions in overall rates following implementation, though sustained effects depend on rigorous enforcement and monitoring. However, academic sources evaluating these, often from institutions with documented ideological leanings toward expansive oversight, occasionally overstate long-term efficacy without accounting for reversion risks when external pressures subside. Enhancements in training focus on skills like and , with randomized trials demonstrating tangible impacts: one study of the Integrating Communications, Assessment, and Tactics (ICAT) program found a 28% decrease in use-of-force incidents and a 26% reduction in suspect injuries among trained officers, alongside fewer citizen complaints. Similarly, training, emphasizing fair treatment and voice in interactions, correlated with lower complaint volumes against participants, suggesting it fosters self-regulation by aligning officer actions with legitimacy principles. Higher education requirements also correlate with lower severe misconduct rates; officers holding associate or bachelor's degrees exhibit reduced involvement in career-ending incidents, per analyses of disciplinary records, as advanced schooling may cultivate better impulse control and ethical reasoning. Yet, these benefits hinge on consistent application and evaluation, as one-off sessions without reinforcement yield negligible results. Selection processes prioritize psychological and background vetting to exclude candidates with histories of or , rooted in findings that certain personality profiles predict misconduct risk. Rigorous hiring, including polygraphs and integrity assessments, minimizes entry of "bad apples" who account for disproportionate complaints; for instance, pre-employment screening has been linked to lower departmental liability in longitudinal agency data, though quantifying exact causation remains challenging due to variables like departmental . Streamlining yet thorough recruitment—balancing speed with depth—avoids talent shortages that tempt lowering standards, which empirical reviews tie to elevated misconduct. Oversight and disciplinary reforms emphasize independent review to counter internal biases, but civilian boards yield mixed outcomes: experimental evidence indicates they rarely boost in police and can erode legitimacy when boards clash with department leadership, as perceived politicization undermines both institutions. Internal affairs units, when insulated from union influence, effectively deter repetition by enforcing consistent sanctions; studies of reformed processes show improved compliance and fewer repeat offenders, signaling clear behavioral boundaries. Union-negotiated , however, frequently overturns justified terminations—up to 50% in some jurisdictions—blunting impact, per case analyses. Structural litigation mandating transparent has curbed patterns in targeted departments, reducing sustained allegations by embedding accountability norms.

Training and Selection Enhancements

Efforts to enhance selection processes have focused on predictive screening to identify candidates at higher risk of future . indicates that prior termination from another agency correlates with increased likelihood of subsequent , prompting recommendations for comprehensive background checks that include histories and verification of past disciplinary . A 2024 study analyzing over 70,000 officers found that models using personnel , such as complaint histories and performance metrics, can predict on-duty with moderate accuracy, achieving area under the curve values around 0.70, outperforming traditional psychological assessments alone. Similarly, officers' pre- criminal histories and police intelligence reports have shown value in flagging risks, though standard vetting often misses subtle indicators like minor procedural violations. Psychological and behavioral assessments have been refined to incorporate validated tools like the M-PULSE Inventory, which evaluates tendencies toward unprofessional conduct and procedural errors, demonstrating correlations with later incidents in longitudinal data from multiple departments. Post-2020 reforms in some U.S. jurisdictions, including bans on hiring officers decertified for serious violations in other states, aim to exclude high-risk individuals, though varies and faces challenges from shortages. These selection enhancements prioritize causal factors like individual history over demographic quotas, as empirical models emphasize personal predictors without evidence linking diversity mandates to reduced misconduct. In training, evidence supports targeted programs emphasizing and over generic or untested curricula. A of procedural justice training for officers, conducted from 2011 to 2015, resulted in trained officers receiving 12.6% fewer citizen complaints and exhibiting lower use-of-force rates compared to controls, with effects persisting up to 24 months post-training. Similarly, the Integrating Communications, Assessment, and Tactics (ICAT) program, evaluated in a 2022 University of Cincinnati-led study across five agencies, was associated with a 28% reduction in use-of-force incidents and a 26% drop in officer injuries during subject resistance, based on pre- and post-training data from thousands of encounters. Scenario-based simulations and reality-based have shown promise in improving under stress, with meta-analyses indicating small but statistically significant decreases in excessive when integrated into curricula lasting at least 40 hours. However, broader implicit bias or cultural competency lack robust causal evidence for reducing misconduct, often yielding null or short-term effects in randomized . Post-George Floyd initiatives have expanded mandatory requirements in states like , where 2023 legislative changes extended hours on use-of-force alternatives, though longitudinal outcomes remain under amid ongoing hiring constraints. Overall, enhancements succeed when grounded in empirical validation rather than ideological mandates, prioritizing skills that address real-world causal pathways to errors like poor threat assessment.

Oversight and Disciplinary Processes

Oversight of police typically involves internal affairs units within departments, which investigate complaints and recommend disciplinary actions ranging from retraining to termination. These processes are supplemented in many jurisdictions by civilian review boards (CRBs) or external monitors, intended to provide independent scrutiny. However, sustain rates for complaints remain low; for instance, only about 7% of formal excessive force allegations are upheld across U.S. agencies, reflecting either the rarity of substantiated or procedural hurdles in validation. A national study of agencies found that departmental characteristics, such as size and demographics, correlate with the number of sustained use-of-force complaints, but overall rates stay minimal relative to total interactions. Civilian oversight mechanisms, including CRBs, aim to enhance transparency and but show mixed empirical results on effectiveness. indicates CRBs often sustain findings at rates similar to or slightly lower than internal reviews, with limited to enforce changes, as most can only recommend actions without power or binding decisions. Department of Justice (DOJ) interventions, such as decrees following pattern-or-practice investigations, have demonstrated reductions in certain metrics in affected departments, though sustaining reforms post-monitoring proves challenging. Disciplinary processes face structural barriers from police union contracts, which frequently include protections like required that reverse terminations in up to 50% of cases in some analyses, shielding officers from for serious violations. These agreements often mandate of records after fixed periods or limit access to prior complaints, complicating repeat offender identification. Reforms targeting unions, such as restricting over discipline, have been proposed to prioritize public safety over officer protections. State-level decertification processes represent a key escalation in oversight, allowing revocation of an officer's license for , with 46 states authorizing this for serious offenses as of 2018. Decertification for excessive force remains rare, occurring in fewer than 2% of relevant cases historically, but post-2020 reforms in over a dozen states have expanded criteria and databases like the National Decertification Index to track interstate movement of decertified officers. Empirical assessments suggest these mechanisms, when rigorously applied, deter more effectively than internal discipline alone, though implementation varies widely by state.

Controversies and Debates

Systemic vs. Individual Accountability

The distinction between systemic and individual accountability in police misconduct debates whether incidents arise primarily from institutional structures, policies, or cultures versus discrete actions by specific . leans toward individual factors, as a minority of officers account for a of complaints, uses of force, and associated liabilities. For example, analysis of U.S. settlements from 2000 to 2020 revealed that thousands of officers faced repeated accusations, contributing to over $1.5 billion in payouts, with patterns indicating personal rather than department-wide norms. In , from 2019 to 2023, cases involving at least one repeat-accused officer—totaling 200 individuals—drove 43% of the $384.2 million in taxpayer-funded settlements, despite comprising a small fraction of the approximately 11,500- force. Systemic arguments, often emphasizing entrenched biases or inadequate oversight, posit that departmental failures perpetuate misconduct by retaining unfit personnel. However, studies of officer arrests, such as the National Institute of Justice's examination of over 4,000 cases from 2005 to 2011, show most involved non-violent offenses tied to individual circumstances like or financial distress, with limited evidence of systemic causation beyond hiring and retention lapses. Research on potential "contagion" effects among officers finds non-significant correlations, suggesting peer influence or cultural transmission does not substantially explain deviance clusters. Mainstream narratives attributing misconduct to inherent institutional racism frequently overlook these individual-level data, potentially reflecting ideological priors in academia and media over rigorous causal analysis. Accountability measures thus prove most effective when targeting identifiable repeat offenders through rigorous decertification and early intervention, as opposed to broad indictments of policing as a whole. Departments with proactive identification of high-complaint officers, such as via data analytics on use-of-force reports, achieve reductions in incidents without diluting overall capacity. This targeted approach acknowledges enabling systemic weaknesses—like weak disciplinary —while grounding reforms in verifiable patterns of individual agency, avoiding unsubstantiated overgeneralizations that undermine through misattribution of blame. The "Defund the Police" movement, which gained prominence following the death of George Floyd on May 25, 2020, advocated for reallocating funds from to , programs, and community initiatives as a means to address root causes of and reduce reliance on policing. In practice, over 20 major U.S. cities implemented budget reductions or reallocations in 2020 and , with cuts ranging from 1% to 10% in places like ($150 million reduction), (initial $1 billion cut), and (up to 8% proposed). These changes often coincided with broader anti-police rhetoric, exacerbating officer morale issues and contributing to early retirements and resignations. Empirical data indicate that such reductions correlated with declines in activities. A 2025 analysis of 15 major cities with a combined of 27 million found that police stops and arrests dropped by 40% following defund efforts, which was associated with increased killings and in those jurisdictions. FBI Uniform Crime Reporting data further revealed a 30% national increase in murders in 2020, with steeper rises in cities that enacted budget cuts, such as a 50% surge in and elevated rates in Portland and amid reduced patrols. Staffing shortages intensified these effects; a national survey of 276 chiefs reported widespread challenges and department defunding pressures post-2020, leading to understaffed units and slower response times in affected areas. Public safety outcomes deteriorated in several instances, with critics attributing spikes in , carjackings, and non-fatal shootings to diminished deterrence from fewer officers on the street. For example, Austin and experienced sustained violence and disorder, prompting reversals by 2022–2023, including restored funding and hiring incentives. By mid-2021, cities like New York reinstated cut funds, and national trends showed a shift toward "refunding" as rates prompted corrections. While aggregate police spending rose in many U.S. cities by 2022 due to these reversals, the movement's legacy included persistent officer shortages—exacerbated by the 2020 rhetoric—and uneven reallocation successes, with alternative programs often failing to fill enforcement gaps. Crime rates began declining nationally by 2023, with murders dropping significantly, but analyses link this partly to renewed policing investments rather than defund-inspired reforms. Overall, the initiatives highlighted trade-offs in causal realism: reduced police presence empirically weakened immediate crime control without commensurate substitutes materializing at scale. Qualified immunity is a judicial doctrine originating from the U.S. Supreme Court's interpretation of Section 1983 of the Civil Rights Act of 1871, which allows individuals to sue state officials for constitutional violations. The doctrine was first articulated for law enforcement in Pierson v. Ray (1967), where the Court held that police officers are not liable for arrests later deemed unconstitutional if they reasonably believed their actions lawful at the time. In Harlow v. Fitzgerald (1982), the Court refined it into an objective standard: officials are immune unless they violate a "clearly established" statutory or constitutional right that a reasonable person would know. This test requires prior court precedents demonstrating the unlawfulness in a nearly identical factual context, often making immunity a barrier even for objectively unreasonable conduct. In police misconduct cases, frequently applies to claims under the for excessive force or unreasonable seizures, shielding officers from personal civil liability in suits seeking damages. Empirical analysis of federal district court cases from 2017–2018 found that, among 979 instances where was potentially applicable, only 0.6% were dismissed solely on this ground at , with many resolving via settlements or other means. However, at the appellate level, circuit courts granted immunity in 54% of reviewed decisions between 2005 and 2019, up from earlier decades, indicating its potency in higher scrutiny. Critics, including libertarian-leaning organizations like the , argue the doctrine fosters impunity by prioritizing precedent over common-sense violations of rights, such as shooting a non-threatening , as it demands a "virtually identical" prior case—rarely found even in egregious scenarios. This has enabled patterns of misconduct, as departments face no financial incentive to discipline officers whose actions evade the "clearly established" threshold. Defenders contend safeguards officers' ability to make high-stakes decisions amid uncertainty, filtering meritless suits that could deter or drive officers from the profession. Without it, they argue, risks from litigation—even if ultimately vindicated—could exacerbate shortages and reduce efficacy, as evidenced by post-2020 spikes correlated with de-policing trends in -heavy jurisdictions. Conservative analyses, such as those opposing federal bills, highlight that stripping immunity selectively for police (while retaining it for other officials) undermines without addressing root causes like under-prosecution of criminal . Sources critiquing the often emanate from groups with ideological incentives, such as organizations emphasizing accountability over operational realities, whereas police unions uniformly defend it as essential for decisiveness. Reform efforts intensified after the 2020 George Floyd killing, with the House passing the George Floyd Justice in Policing Act, which sought to end for federal suits but stalled in the Senate. Several states, including (2020) and (2021), enacted laws limiting its application in state courts, shifting liability burdens and prompting municipal indemnification adjustments. By 2025, federal momentum waned, with bills like the Qualified Immunity Act (S.122) instead proposing to codify and protect the doctrine, withholding grants from non-compliant states. The has occasionally narrowed applications, as in Barnes v. Felix (2025), denying immunity for deliberate constitutional breaches but upholding the framework overall, reflecting justices' reluctance to overturn precedent amid divided opinions on its empirical impact. Despite widespread public support for abolition—63% in a 2020 Cato survey—implementation remains limited, balancing accountability demands against fears of impaired public safety.

Costs and Consequences

Monetary Settlements and Liabilities

Monetary settlements represent a primary financial consequence of police misconduct lawsuits in the United States, typically arising from civil claims under 42 U.S.C. § 1983 for violations of constitutional rights. These settlements compensate plaintiffs for alleged harms such as excessive force, , or wrongful death, without the government admitting liability. Between 2010 and roughly 2020, the 25 largest police departments paid over $3.2 billion in such settlements. The financial burden falls almost entirely on taxpayers through municipal budgets, insurance premiums, or funds, rather than individual officers or police department allocations directly. Officers benefit from , which shields them from personal liability in most cases unless they violate clearly established rights, leaving governments as the payers under doctrines like or Monell liability for policy failures. In jurisdictions without dedicated police misconduct funds, payouts draw from general revenues, exacerbating fiscal pressures without directly impacting departmental operations or officer incentives. Aggregate data highlights the scale: disbursed over $500 million from 2018 to 2023, including $115 million in 2023 alone, with $77 million paid in the first half of 2025. Chicago taxpayers covered $295 million from 2019 to 2024 for cases involving officers with repeated misconduct allegations. Nationally, such payouts constitute less than 1% of budgets on average but accumulate to hundreds of millions annually across major cities, prompting debates over reallocating costs to police budgets to enhance .

Effects on Policing Efficacy and Public Safety

Police misconduct incidents, particularly those involving excessive force or high-profile killings, have been empirically linked to declines in , which in turn reduces community cooperation essential for effective policing. Studies indicate that perceptions of police illegitimacy following such events lead to lower rates of reporting and participation; for instance, residents in areas with recent police exhibit decreased 911 calls for non-emergency assistance, exacerbating underreporting of minor offenses that signal broader disorder. This erosion of undermines policing efficacy by limiting intelligence gathering and voluntary compliance, as communities withhold information critical for investigations and prevention. De-policing, where officers reduce proactive engagements due to heightened and fear of allegations, represents a direct causal pathway from to diminished public safety. Empirical analyses show that public attention to police killings correlates with reduced enforcement activities, such as fewer traffic stops and pedestrian contacts, which are foundational to deterrence and interruption. In the aftermath of the 2014 Ferguson unrest, some jurisdictions experienced temporary de-policing, with mixed but affirmative evidence of subsequent rises in rates by up to 0.12 incidents per 1,000 residents in affected areas. Factors like liability concerns and media significantly predict this behavior, as officers prioritize self-protection over discretionary policing. The 2020 George Floyd incident amplified these dynamics nationwide, coinciding with a sharp homicide spike—FBI data recorded a 27-30% increase in murders, the largest single-year jump in recorded U.S. history—partly attributed to widespread police pullbacks. In cities like , post-incident de-policing led to 14.3% higher reports and 27.1% increases in property crimes, with arrests dropping steeply for both misdemeanors and felonies immediately following the event. Neighborhood-level studies confirm that reduced police presence in high-crime areas directly contributes to elevated violence, particularly in minority communities where trust deficits compound the issue; for example, firearm assault injuries surged from 0.6 to 4.4 per 1,000 residents in some locales. While not all analyses find a uniform "Floyd effect" across all crime categories, the pattern of de-policing preceding localized crime surges holds in rigorous, data-driven examinations, suggesting that unaddressed misconduct incentivizes officer disengagement, thereby elevating risks to public safety.

Global Variations

United States Focus

In the , police misconduct primarily manifests through excessive , false arrests, and, to a lesser extent, or , occurring within a fragmented system of over 18,000 independent agencies that exhibit wide variations in , accountability, and operational standards. Unlike more centralized European models, this contributes to inconsistent oversight, with internal affairs investigations handling most complaints but sustaining only a small fraction—approximately 8-15% of the 324,152 civilian complaints filed between 2016 and 2022. The U.S. Department of Justice (DOJ) addresses systemic patterns through pattern-or-practice investigations under 42 U.S.C. § 14141, targeting departments for reforms via consent decrees, though such interventions have declined in recent administrations. A hallmark of U.S. police misconduct relative to global peers is the elevated rate of lethal force, with killing over 1,300 civilians in —the highest annual total recorded—equating to about 3.8 fatal encounters per million residents. This rate dwarfs those in Europe, where countries like (0.09 per million) or the (0.02 per million) report fatalities in the low dozens annually, often after exhaustive investigations emphasizing and non-lethal tools. Contributing causal factors include the ubiquity of firearms among civilians—over 120 guns per 100 residents, the highest globally—heightening officers' threat assessments during encounters, alongside shorter academy training (averaging 21 weeks in the U.S. versus 2-3 years in nations like or ) that prioritizes tactical response over . FBI data on use-of-force incidents, collected since 2019, indicate that officers discharge firearms in roughly 1% of encounters but result in injury or death in over 15% of threatened or applied force cases, underscoring the lethality of U.S. policing dynamics. Corruption remains less pervasive than force-related issues, with no centralized national tally but federal convictions averaging 100-150 annually for offenses like drug trafficking or evidence tampering, often clustered in urban departments with high caseloads. Peer-reviewed analyses of counties, for instance, reveal that 30% of jurisdictions account for 80% of misconduct incidents, suggesting localized rather than nationwide systemic rot. Public trust erosion, amplified by media coverage of high-profile cases, has prompted federal efforts like the short-lived National Accountability Database in 2023, which aimed to track misconduct across agencies before its discontinuation. In contrast to authoritarian contexts with state-sanctioned impunity, U.S. mechanisms include civil lawsuits and body-camera mandates post-2014, yet shields officers from liability in most cases, perpetuating debates over without Europe's stricter prosecutorial independence.

European Models

European police forces operate under diverse national frameworks, often prioritizing community-oriented policing, tactics, and restricted access to firearms, which correlate with markedly lower incidences of lethal force compared to the . Across the European Union, law enforcement agencies recorded approximately 50-70 deaths from police actions in 2022 for a population exceeding 440 million, yielding rates under 2 per 10 million inhabitants, versus over 1,100 fatalities in the US at a rate exceeding 30 per 10 million. This disparity stems partly from structural factors, including mandatory training in countries like and the Nordic states, where officers carry sidearms but rarely deploy them lethally, and broader social safety nets that reduce underlying drivers. Oversight mechanisms in frequently incorporate independent external bodies to investigate misconduct, reflecting standards that advocate for impartial probes into allegations of abuse, , or excessive force. The European Partners Against Corruption network outlines principles for such oversight, emphasizing separation from police hierarchies to mitigate internal biases, with bodies empowered to compel evidence and recommend sanctions. In the , the Independent Office for Police Conduct (IOPC) handles serious complaints, as seen in its 2023-2024 probes into scandals involving , , and unauthorized strip-searches of minors, leading to dismissals and criminal referrals. France's Inspection Générale de la Police Nationale (IGPN), though criticized for internal affiliations, has pursued cases of brutality, such as the 2023 convictions of officers for violent acts during arrests, resulting in suspended sentences. relies on state prosecutors for criminal investigations, supplemented by parliamentary oversight, yielding low indices but occasional lapses, like the 2020 Hamburg summit violence inquiries. Nordic models, exemplified by and , integrate high public trust with rigorous accountability, featuring civilian review boards and transparent data on use-of-force incidents, which average fewer than 5 lethal outcomes annually per country despite armed patrols. These systems enforce strict protocols limiting to imminent threats, supported by empirical reviews showing causal links between extended —up to 2-3 years initially—and reduced misconduct rates. However, challenges persist, including rising sexual misconduct complaints across forces (1,499 since 2020) and ethnic profiling debates in , underscoring that while structural safeguards curb extremes, cultural and institutional inertia can perpetuate non-lethal abuses absent vigilant external scrutiny.

Developing and Authoritarian Contexts

In developing countries, police misconduct frequently involves endemic and impunity, driven by underfunding, low salaries, and infiltration by criminal elements, which undermine institutional integrity and public safety. Academic analyses highlight that in , police corruption victimization affects up to 25% of citizens in nations like and , where officers routinely demand for basic services. Regional surveys further identify police as the most corrupt institution, with and prevalent amid high crime rates that strain resources. In , 47% of respondents in corruption barometers view police as the primary site of graft, compounded by brutality and unprofessionalism that erode trust and enable . These issues persist due to weak oversight mechanisms and judicial inefficacy, fostering cycles where misconduct bolsters rather than combats criminality. Authoritarian regimes amplify police misconduct through deliberate deployment as tools of repression, prioritizing regime stability over citizen rights, with minimal accountability for abuses like torture and disappearances. Empirical studies show state violence, including police brutality, peaks in such systems, particularly military and civilian dictatorships, where forces target dissidents and minorities to maintain control. In the under President from 2016 onward, the "" campaign led to over 6,000 alleged extrajudicial killings by police, often in poor neighborhoods, with official data confirming patterns of staged encounters and cover-ups. Similar dynamics appear in , where police operations in marginalized areas have yielded hundreds of suspicious deaths annually, attributed to impunity shielded by ruling authorities. While organizations document these excesses, contextual factors like rampant narcotics violence are noted in governmental and academic sources as contributing to operational leeway, though not justifying violations. Transnational patterns reveal that in both contexts, misconduct correlates with low development indicators, such as GDP per capita below $5,000, where police-to-population ratios often fall short of 200 per 100,000, straining capacities and inviting abuses. Reforms attempting community policing have yielded limited success, failing to curb crime or rebuild legitimacy due to entrenched patronage networks. Ultimately, addressing these requires bolstering judicial independence and economic incentives to detach police from illicit funding sources, though authoritarian structures inherently resist such changes.

Exemplary Cases

Landmark U.S. Incidents

One of the earliest widely documented incidents of excessive police force occurred on March 3, 1991, when officers pursued , who was and led a high-speed chase exceeding 110 mph before stopping his vehicle. Upon exiting the car, King resisted officers and was tasered twice but continued to move, prompting four officers to strike him over 50 times with batons and kick him while 21 other officers observed without intervening, resulting in 11 skull fractures, a broken cheekbone, a fractured eye socket, broken teeth, a broken ankle, and permanent neurological damage. The beating was captured on amateur video by bystander George Holliday, which aired nationally and sparked debates on police brutality. In a state trial, the four officers were acquitted of charges on April 29, 1992, igniting the riots that caused 63 deaths, over 2,000 injuries, and $1 billion in over six days; two officers were later convicted in federal court of violating King's civil rights and served prison time. In 1997, officers Justin Volpe and Charles Schwarz subjected Haitian immigrant Abner Louima to brutal following an altercation outside a on August 9, including beating him with a , forcing him to swallow his own teeth, and sodomizing him with a broken broomstick in a precinct bathroom, causing severe internal injuries including a ruptured bladder, colon perforation, and . Louima underwent three surgeries and spent two months in the hospital; Volpe pleaded guilty to federal civil rights violations and assault, receiving a 30-year sentence, while Schwarz was convicted of and obstruction but had sentences vacated on . The case, which received national attention after leaks to the press, highlighted patterns of abuse within the NYPD's 70th Precinct and contributed to federal oversight of the department via a 1999 addressing and misconduct. The killing of Eric Garner on July 17, 2014, in , New York, involved NYPD officer Daniel Pantaleo applying a prohibited during an for allegedly selling untaxed loose cigarettes, despite Garner weighing 400 pounds and initially resisting verbal commands but not fleeing. Garner repeatedly stated "I can't breathe" 11 times as officers wrestled him to the ground, where he lost consciousness; the ruled the death a due to compression of the neck, chest compression, and restraint contributing to cardiac and amid and . Video footage recorded by bystander Ramsey Orta went viral, fueling protests; a declined to indict Pantaleo in December 2014, but he was fired in August 2019 after a departmental found his actions a "significant departure" from training, though no criminal charges were filed due to a . The incident prompted NYPD to reinforce bans on chokeholds and contributed to national discussions on use-of-force policies. On May 25, 2020, officer knelt on George Floyd's neck for 9 minutes and 29 seconds during an for allegedly using a $20 bill, with Floyd handcuffed face-down and pleading "I can't breathe" over 20 times while three other officers failed to intervene, leading to Floyd's death from cardiopulmonary arrest caused by law enforcement subdual, restraint, and neck compression as ruled by the Hennepin County , exacerbated by heart disease, , and in his system. Bystander video sparked global protests against police violence; was convicted in April 2021 of second-degree unintentional , third-degree , and second-degree , receiving 22.5 years in prison, while the other officers faced convictions for or civil rights violations. The case accelerated state-level bans on chokeholds and no-knock warrants in several jurisdictions and prompted federal scrutiny of PD patterns of excessive force.

Comparative International Examples

![Abordagem prf1.jpg][float-right] In Brazil, police operations in favelas have resulted in thousands of deaths, with official data indicating 6,393 people killed by police in 2023 alone, nearly 90% of whom were black individuals. These killings often occur during raids targeting drug gangs, but human rights organizations document patterns of excessive force and low accountability, with UN experts in 2023 urging an end to such "brutal" violence amid impunity for officers. For instance, a 2023 Rio de Janeiro raid killed at least nine suspects, exemplifying the high lethality of operations where police claim self-defense against armed resistance. In the , the 1993 highlighted systemic police misconduct, including flawed investigations marred by corruption and incompetence, as a 2023 review concluded that senior officer Ray Adams was corrupt in handling the case. The Macpherson Report of 1999 labeled the force institutionally racist, but subsequent probes in 2023-2024 found insufficient evidence to prosecute four officers for misconduct, despite evidence of and evidence tampering allegations. This case underscores failures in evidence preservation and suspect pursuit, contributing to prolonged impunity for the killers until one conviction in 2012. France's from 2018 onward saw extensive police use of force, including and , resulting in over 2,500 injuries, with 24 people losing an eye by due to grenade launchers and LBD projectiles. In a notable incident, officer Fabrice T. faces trial in 2024 for deliberate violence causing permanent disability after blinding protester Boris Leguen with a . Critics, including , argue that specialized anti-riot units employed disproportionate tactics against largely peaceful demonstrators, leading to 11,203 pre-charge detentions between 2018 and , often without sufficient evidence of violence. In , "encounter killings" by police, often termed extrajudicial executions, have been prevalent, with reporting over 50 such deaths in 2017 alone under a state policy encouraging aggressive policing for rewards. documented cases in 2018 where security forces killed suspects in staged shootouts, followed by protection via internal inquiries rather than independent probes, fostering a culture of . A 2024 investigation revealed potential hundreds of unreported extrajudicial killings in the state's most populous areas, with families alleging planted evidence and coerced confessions prior to deaths. These practices, justified as combating crime but criticized for bypassing , highlight weak judicial oversight in high-crime contexts.

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