The Root Causes of Public Disrespect for Policing: Lies, Theft, and Excessive Force

Police officers in the United States are often seen to embody the trust and respect of the community they serve. However, instances of lying, theft, and excessive force have led to a significant loss of public trust in law enforcement. In this article, we explore why these behaviors erode public respect for the police and the critical reforms needed to regain that trust.

Lies Under Oath

One of the most fundamental aspects of trust in law enforcement is truthfulness. Officers, when lying under oath, particularly on official reports and in court, breach the very foundational principle of a fair and just justice system. Lying under oath, known in common parlance as testilying, undermines the integrity of the entire legal process.

A genuine commitment to truthfulness is non-negotiable for any law enforcement officer. Any instance of lying under oath should be met with immediate career-ending consequences, with prosecutions for perjury if warranted. Additionally, to ensure unbiased investigations, independent special prosecutors and review bodies must be responsible for investigating claims of misconduct. This separation of power is crucial to maintaining public trust.

Theft and Civil Forfeiture

The civil forfeiture system in the United States faces significant scrutiny due to the potential for abuse. Law enforcement agencies often take advantage of the system to seize cash and property without clear evidence of criminal activity. This practice disproportionately targets individuals from out-of-town, making it difficult and expensive to regain what has been seized.

To address this issue, property forfeiture should be linked to the adjudication of a criminal conviction, with proof beyond a reasonable doubt that the property is mainly or solely proceeds of the criminal activity. In cases where the property is used to further or facilitate criminal activity, similar standards must apply. Additionally, any seized property must be deposited into the state or municipality's general treasury rather than being earmarked for police use. This prevents the misappropriation of funds and ensures adequate protection of individuals' property rights.

Excessive Force

Ironically, the most infamous incidents of police misconduct are those involving the use of excessive force. Despite training in self-defense and methods for apprehending suspects without violence, officers sometimes resort to lethal force in circumstances that do not necessitate it. Such abuses, including instances where officers used force that was grossly disproportionate to the threat presented, have led to tragic and avoidable deaths. Compelling examples include the death of Laquan McDonald, Oscar Grant, and Kelly Thomas.

While the defense of one's life is a legitimate use of force, rigid adherence to the standards of reasonable and proportionate force is necessary. Officers cannot rely on mere suspicion; they must have clear and direct evidence that poses an imminent and clear threat before resorting to lethal force. The standards for self-defense should reflect the high stakes and the need for certainty in determining whether force is necessary.

Systemic Issues and Professional Standards

These cases of misconduct are indicative of broader systemic issues within law enforcement. The term "a few bad apples" fails to capture the extent of the problem, as fellow officers often turn a blind eye or actively assist those who engage in misconduct. This behavior indicates a systemic failure to maintain the highest standards of professionalism and integrity.

When police misconduct is uncovered, officers who commit minor violations and are caught should face the same penalties as the general public. In fact, they should be held to a higher standard. If officers cannot be trusted to follow the law, they cannot expect respect and trust from the community. The police must be seen as role models, committed to upholding the law, human rights, and ethical conduct.

In conclusion, the erosion of public trust in law enforcement is a complex issue with deep-rooted causes. However, through systemic reforms, such as independent investigations, stricter standards for conduct, and transparency in the handling of property forfeitures, it is possible to rebuild that respect. When officers act with integrity, accountability, and professionalism, they are more likely to gain the trust of the communities they serve.