Keeping tabs on this thread and in line with recent replies, if there was any real justice to this flawed system, then cops who get convicted of ANY
crime should get more severe punishment than a civilian. The main reason being that cops should know better
For what its worth Officers face the following -
Convicted Law Enforcement -
* Criminal Prosecution
* Jail / Prison time
* Civil Prosecution
* Loss of civil immunity / city/department not required to supply lawyer.
* PD / City can disassociate themselves from the officer for prosecution.
* Loss of civil immunity opens up all officer assets / personal property to satisfy any judgment.
*Federal Prosecution for civil rights violations
* Post License (Law enforcement Certification)
* Suspension / Loss of Certification preventing officer from ever working in Law Enforcement / Related areas in all US States / Territories /
* Depending on charge / conviction officer can lose firearms and can be prevented from ever possessing a firearm.
* Only applies to Law Enforcement
* Garrity rights - Law Enforcement operates under a quasi military command structure. That means officers can be ordered to answer questions, even if
those questions are asking guilt seeking questions.
Due to the nature of the job - Law Enforcement applicants are not covered under State / Federal Laws in terms of what information that can be released
to other possible employers. For the most part, civilian employers are restricted to confirming that the applicant was employed / how long they were
employed, what they were paid and if they are reliable or not.
Law Enforcement does not get those protections. Anything that occurs can be discussed between present and possible / future employers. They can
discus disciplinary actions, command staff can give their opinions on the officer, how well they work with other officers / civilians. Disciplinary
actions can be discussed and depending on type of action, those actions are also filed with the state agency that deals with law enforcement
Why are Officer placed on administrative leave during investigations of officer actions?
The moment an officer is under investigation it becomes problematic to every other investigation that officer is involved in. It also becomes
problematic for any possible investigation the officer might become involved in if not placed on administrative leave.
It goes beyond the present and extends into the past. Again depending on the charges, its possible that every single investigation that officer has
been involved with (regardless of responsibility in that investigation) can be challenged. Defense attorneys / Prosecuting Attorneys will review all
cases which can possibly open the door to all convictions being tossed out because of the officers actions.
This is one of the main reasons investigations into law enforcement actions take as long as they do. People who are not familiar have a tendency to
only view the situation from one event, not realizing that one event can affect 100's / thousands of others (based on the time the officer is in law
enforcement and what their primary responsibility is).
So while you guys want to maintain officers are treated differently it is simply not the case. As you can see Law Enforcement is affected in ways
that don't apply to civilians.