Introduction
Police misconduct is a serious problem facing law enforcement agencies across the globe. Police officers are responsible for enforcing law and maintaining public order and security, hence they have to observe a higher standard of ethics. Unfortunately, this is not the case as police officers are often involved in a series of misconducts ranging from corruption, brutality and abuse of power. Various commissions have been established to address cases of police misconduct. The recommendations of such commissions have played an important role in shaping today’s law enforcement.
Wickersham Commission
Wickersham Commission was the first commission established to review the increasing cases of police misconduct in the 1920s (Walker, 2013). The Wickersham Commission was named after the chairperson of the commission, however, the commission’s official title was the National Commission on Law Observance and Enforcement. The commission was formed in 1929 by President Herbert Hoover to address the issue of increasing crime in the society. With the passage of the Eighteenth Amendment in 1920, alcohol was prohibited in America, and yet the illegal sale of alcohol by gangs supplied the public with alcohol. The gangs supplying alcohol in various cities were also responsible for increasing cases of organized crime.
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The Wickersham Commission members conducted a lot of interviews and studies and came up with the Wickersham Report in 1931. The report was made up of 14 volumes, each volume dealing with a different issue. Regardless, the commissioners failed to reach an agreement on the extensive abuse of power by the police officers. However, the report sheds more light on the issue of misconduct among law enforcement officers starting from judges to the police. The Wickersham report became the foundation of major police reforms in America (Gage, 2013).
President's Commission on Law Enforcement and Administration of Justice
The commission was created in 1967 by President Lyndon Johnson to evaluate the American criminal justice system. The commission evaluated the challenge of rising cases of crime on the law enforcement agencies, and came up with recommendations on how to improve America’s law enforcement. Crime levels in America kept rising in the 1960s, even when the government was spending a lot of resources in law enforcement. Hostility towards the police, especially among the minorities was at its peak and the public believed that the police were responsible for many cases of violence in the society. The 1960s were also characterized by constant civil rights riots, and in most cases the riots turned violent and civilians often died in the process (McAffee, 2011).
The commission was made up of 19 members appointed by the President, all members were experts of the criminal justice system (President's Commission on Law Enforcement and Administration of Justice, 1967). The commission created its final report in 1967, and the report is often described as the most comprehensive analysis of crime and the justice system in America. The report focused on the trends of crime of that time, juvenile delinquency, the police, courts, correction officers, among other important factors in the criminal justice system. The report also suggested a wide range of reforms, particularly the reorganization of the police departments (Kelling & Moore, 1989).
Miranda v. Arizona, 384 U.S. 436 (1966).
Miranda v. Arizona remains one of the most monumental court cases in America that has long lasting impact on police conduct. Ernesto Miranda, the defendant was taken into custody for kidnapping and rape. He was interrogated by two officers, and after two hours Miranda signed a written confession, even without knowledge of his rights. At the top of the confession sheet it was written that that defendant was aware of his rights and that the confessions were made voluntarily. Miranda was found guilty, however, the Supreme Court reversed the decision. The court decided that warnings must be administered before any custodial interrogation. The warnings are supposed to inform the defendants that they have the right to remain silent, and whatever they say can be used in the court. Police officers are supposed to also inform the suspects that they have a right to an attorney, and when they cannot appoint one the state will will appoint an attorney to represent him/her.
Screws v. United States, 325 U.S. 91 (1945)
Screws v. United States is a 1945 case involving Claude Screws, a local sheriff and Robert “Bobby” Hall. Hall, an African American from Baker County, Georgia allegedly stole a tire and was alleged to have been violent to Screws and his deputies during an arrest. Hall was beaten to death by Screws. Screws was indicted for extra-judicial killing and violation of Halls’s rights. However, the case was taken to the Supreme Court, where the court held that the federal government could not prove that Screws had the intention of violating Hall’s civil right. The ruling made it difficult for the federal government to reverse local court decisions involving the killings of African-Americans. Such rulings continue to promote police misconduct, especially towards the minorities in American society.
Ocasio v. United States, 578 U.S
In this particular Supreme Court case, Samuel Ocasio, a former Baltimore police officer was tried for conspiracy to commit extortion. Ocasio alongside other Baltimore police officers were involved in a scheme with the local dealership to extort money from drivers of damaged cars. Ocasio participated in a kickback scheme with an automobile repair shop. Ocasio was found guilty of conspiracy and an element of substantive offense.
Effects of Misconducts on Law Enforcement
According to Jesilow & Meyer (2001)police misconduct has an effect on public attitude towards the police. The public attitude towards the law enforcement is constantly getting worse because police officers have engaged in various examples of misconduct. Many cases of police brutality and extra judicial killings has made some members of the public to believe that some police officers are irrational, and they are the ones perpetuating crimes instead of protecting the citizens (Parilo, 2013).
Police misconduct has broken the relationships between the police and members of the public, such that members of the public do not feel safe in the hands of the police officers. In extreme cases of police misconduct, for instance the senseless beating of Rodney King, the public rioted against the police (Jesilow & Meyer, 2001). Riots against the police are common due to misconducts which have pitted the public against the police.
Conclusion
To sum up, police misconduct includes a wide range of improper behaviors that are not fit for police officers. Police officers are supposed to be the custodians of public safety, however, some of them have used their powers selfishly. The problem of police misconduct has been in existence since the establishment of the police force, which explains why the Wickersham commission was formed as early as the 1920s. Commissions on police misconduct have played an important role in generating reform, it is the responsibility of the government to enforce those reforms. Cases of police brutality and misuse of power have existed for centuries, and if they are not checked the public confidence in the police and law enforcement will only get worse.
References
Gage, B. (2012). Counting Crime: J. Edgar Hoover, the Wickersham Commission, and the Problem of Criminal Statistics. Marq. L. Rev. , 96 , 1109.
Jesilow, P., & Meyer, J. A. F. (2001). The effect of police misconduct on public attitudes: a quasi-experiment. Journal of Crime and Justice , 24 (1), 109-121.
Kelling, G. L., & Moore, M. H. (1989). The evolving strategy of policing . Washington, DC: US Department of Justice, Office of Justice Programs, National Institute of Justice.
McAffee, T. B. (2011). Setting Us Up For Disaster: The Supreme Court's Decision in Terry v. Ohio. Nev. LJ , 12 , 609.
Parilo, M. (2013). Protecting Prisoners During Custodial Interrogations: The Road Forward After Howes v. Fields. Fields (February 19, 2013). Boston College Journal of Law & Social Justice , 33( 1), 217.
President's Commission on Law Enforcement and Administration of Justice. (1967). The challenge of crime in a free society . US Goverment Printing Office.
Walker, S. (2012). Engineer as Progressive: The Wickersham Commission in the Arc of Herbert Hoover's Life and Work, The. Marq. L. Rev. , 96 , 1165.
