It is imperative to recognize violence against women. Police officers have been given great powers by the public in order to properly discharge their responsibilities. But what if the powers at their disposal are used against the people that they are instituted to protect? According to an article that many people have read called Scores of Kosovo traffic police arrested on bribery charges states that”Authorities in Kosovo have detained dozens of police officers after drivers filed complaints about traffic police asking them for bribes. George Floyd, a man of colour pleading to police officers to not use force against him because of the asphyxiation they were causing, was ignored inhumanely which lead to his death. This led to the death of at least 12 individuals which garnered heavy criticism from various human rights groups and the United Nations[7] as an intense measure that was completely uncalled for. These abuses in power clearly stands against the ideals of this great nation. Pinned to the ground by police … To violate somebody’s human rights just because of the brutality of a police officer who isn’t doing their job right is highly unacceptable. The Abuse Of Police Power And Police Brutality. While their shop was indeed open, no crowd could be seen outside the shop. This was not the first incident of a black person losing life because of the ruthlessness of the police. A well told tale of police corruption that we have become all to familiar with. India must ratify the international conventions and take deeper cognizance into the systemic failure that has been caused not at a single level but multiple levels. Police Abuse Of Power In many places, police not only fail to protect vulnerable people from violence, but they are perpetuating the cycle of brutality and violence themselves. an individual voluntarily causing grievous hurt to extort confession or to compel restoration of a property is also liable to punishment. The Abuse of Police Authority: A National Study of Police Officers’ Attitudes by David Weisburd, Rosann Greenspan, Edwin E. Hamilton, Kellie A. Bryant, Hubert Williams (2001) This report presents the results of the first truly representative national survey of how America’s rank-and-file police officers and their supervisors view critical issues of abuse of police authority. There was a widespread protest against this long ongoing discrimination in the country. Police corruption can include receiving stolen goods, extortion, bribery and the sale of drugs. One major reason for this is to prevent any potential abuse of power before it happens. Though the bill was not a strong one but surely was a move in the right direction. lems of misconduct and abuse by police. In fact, if the police does not get what he/she wanted, verbal, sexual, or physical violence is utilized. Malicious Prosecution: A Deep Dive Into Abuse of Power by Police There are several Supreme Court and high court cases which have revealed … Ratifying of the UNCAT would require India to make few modifications to the laws existing in the country which would better protect the rights of the people. Most of all, they are responsible for safeguarding the rights of the citizens. Police brutality and the abuse of power, held by them is one of the most alarming and gruesome challenges for a country. It also includes punishing a person that may be a suspect of a crime. everything in its power to prevent such abuse, identify as soon as possible if it occurs, deal with it effectively and learn lessons quickly. Fundamental Rights; Nature, Scope and importance, Constitutional Values of Landmark Amendments in India, The Narcotics Control Bureau (NCB) and its Altruistic Attribute. It will explore why it is an issue and what can be done to prevent it. Police take advantage of their power in ways that should be illegal; bias against race, ethnicity, social class, gender, beliefs, religion, misogyny or anything else should not be the reason officers are damaging people’s lives. Hence on an average, 5 custodial deaths happen in India every single day[10]! If people speak up and let their voices be heard, they can make a change. Police are the most vital law enforcing agency of a country who are entrusted with the maintenance of public order, enforcement of laws as well as prevention, detection and prosecution of crimes[1]. India is a signatory to the United Nations Convention Against Torture since 1997 but has yet not ratified it. The DOJ guidance also addressed a long-buried problem: police-perpetrated domestic violence. Corruption and abuse of power Police forces must refer allegations of serious corruption to us. In essence, an article called Police and Human rights it says, “The ‘back laws’, are not the main reason for the more serious violations of human rights. All cases of serious corruption cases should be referred to the IPCC. Police Abuse Of Power. The two were presented before a judicial magistrate who failed to take cognizance of such a heinous crime committed against them. But the witnesses and the video evidence retrieved from the site tell a completely different story, hence showing the tactics used by them to cover up their misdeeds. Every second that goes by in the day, the more an angry uneducated officer will want to pull the trigger on a poor innocent who did nothing at all. Hence, it is evident that there are provisions in the Indian Penal Code against such acts committed by the police but the concern lies as to how easy it is to evade these laws citing various reasons to either justify their move or cover up the incident. The threat of police brutality and the abuse of power becoming the new norm is proving to be a deadly combination for both citizens and those charged with policing them. Police officers abuse the authority given to them in many ways. Police officials are involved with investigations as well as issues of ensuring law and order. Judicial magistrates usually rush through the remand cases which leads to oversight of brutal acts being committed against detainees. Would you like to get a custom case study? They were booked under Section 188 (disobedience to order duly promulgated by public servant), Section 353 (use of force to deter public servant from duty), Section 269 (negligent act likely to spread infection of disease dangerous to life) and Section 506(2) (Punishment for criminal intimidation) of the Indian Penal Code. They are trained to use their guns and protect themselves.According to an article about civil rights, it said “Most police officers respect these rules and strictly follow them. 6 Effective Content Marketing Strategies You May Have Overlooked, Market Analysis Definition (With Explanation and Examples). Shortly after a 2015 ACLU report on gender bias in police response to domestic violence and sexual assault, the DOJ issued new guidelines addressing the role of gender bias in DV/SA investigations. We use cookies to give you the best experience possible. Police abuse of power can also involve corruption—abusing police authority for personal gains. By continuing we’ll assume you board with our, Conducting Research Concerning Police Officers and Their Jobs, Companies Abuse Their Power by Operating Schools as Businesses, Explore the Ways That Blake Presents the Abuse of Power in "London", How to secure financing as a small business owner, How to Make a Business Plan for Any Business, 7 Crucial Macro Environment Factors to Include in Your Analysis, Macro Environment Examples in the Real World. Four ISF members indicted for bribery, abuse of power The four counts of alleged abuse of power under the Malaysian Anti-Corruption Commission Act 2009's Section 23 are in relation to a total of RM2,282,937,678.41 (more than RM2.28 billion) that Najib was alleged to have benefited from personally by using his position. We then assess whether it is appropriate for us to carry out an investigation. A more effective way of presentation should have been devised to reduce oversight of such lapses. Police abuse of power is a devastating, global issue. Latta, the department’s former chief Kevin Ratliff and former officer Grant Harden were all convicted on abuse of power-related charges stemming from the May 2017 arrest. Police Abuse of Power Abstract This paper will focus on the idea of police abuse of power. [email protected] 804-506-0782 350 5th Ave, New York, NY 10118, USA. There is a lack of expertise when the police officials charged with the investigations are sent for enforcement of law and order issues as well. Several reports on police brutality have surfaced from different parts of the country[3]. Police officers are abusing their power. The reports for the year 2018 show that 5479 cases were registered across India while only 2858 personnel were charge-sheeted and only 41 were convicted of their crimes. abuse of power Ex-Judge Says Push To Dismiss Flynn Case Is 'Abuse Of Power' Former U.S. District Judge John Gleeson said the government “has engaged in highly irregular conduct to benefit a political ally of the President.” According to its report, 24% of police personnel work for more than 16 hours a day 44% work more than 12 hours a day which results in lower efficacy of the individuals. IJM Kenya combats police abuse of power. The Nigeria Police Force authorities in Lagos have within one month dismissed four police officers for abuse of power and awarded various degrees of punishments to 41 others. The police arrested them for disregard of the public regulations and violation of laws and were taken to Sathankulam Police Station where the two were mercilessly beaten up. Police have the authority to make whatever they feel is right happen, yet they abuse the law for personal gain. Police corruption and abuse of authority have persisted since the beginning of policing, and were exacerbated late in the twentieth cen-tury by America ’s drug epidemic. The report was a first step in understanding the scale and nature of the problem and the way forward. We could use collective power to revolt against corruption. Women have continued to be the target of sexual violence under custody. Abuse of Power by Police Officers July 31, 2015 By TriciaB As a DUI defense lawyer, I’m determined to get the word out: it is important to know your rights when a police officer stops you on DUI-DWI suspicions. This suggests the misuse of special powers given to the saviours of lives who are bending the rules in their favour and depriving the right to justice of the victims. The law should hold superior officials responsible for the activities taking place under their jurisdiction. Required fields are marked *. Intimidating or coercing a person at the investigation with the consent or acquiescence of a public official or a person working in an official capacity also amounts to torture. According to Section 330 of the Indian Penal Code. But a few reckless police officers sometimes ignore these rules and shoot innocent civilians.” This shows that they are disobeying the law and putting somebody’s life at jeopardy, even if they haven’t done anything which is once again, extremely amateurish,pathetic, and inadequate. There has been a surge in the cases of misuse of power by the police in the past few decades globally. Police forces are well established, financed and coordinated internally. For example, they use bribery to get themselves money, such as asking someone to pay them instead of the officer giving them the ticket that would have been well earned. Initially, the police stated that there was a large gathering outside their shop which was prohibited at the time of a pandemic. Man arrested for dancing in the street. While hearing a petition of a juvenile Tablighi Jamaat member who had challenged the police chargesheet filed against him, the Allahabad High Court said charging a person with attempt to murder for attending Tablighi Jamaat congregation in New Delhi “prima facie reflects an abuse of the power of … I still remember the words of my father, a gentle man. A clear chain of command must be laid out for the responsibility of the acts committed. To back this up, not too long ago officers inthe U.K admitted to sexual assault. A wing responsible for law and order must only be used for fieldwork. Police abuse of power is a devastating, global issue. Police brutality and systemic inequality will continue unless we create real and sustainable change in every aspect of our society by demanding the power the government refuses to concede. The criminal justice system has seen its fair share of abuses since its inception. The higher courts must ensure that the magistrates are not overloaded with work which often compels them to not take proper cognizance of such cases which leads to a systemic failure of the constitutional courts. India’s attempt to implement a stricter Anti-Torture Law has failed not once but several times. According to the director of National Campaign Against Torture, Paritosh Chakma, the torture techniques used in 2019 were hammering iron nails into the body, hitting private parts, electric shocks, branding with a hot iron rod, pressing fingernails with pliers, kicking the abdomen of pregnant women and many more. Most incidents go unreported or put to the side which shouldn’t be happening. In fact, I had never interacted with the police at all except once when I worked in retail and had to call them for a shoplifter. Caroline Alexander; Ania Nussbaum; Bookmark. Several shootings, beatings, and more is a problem that needs to be fixed immediately because it is considered a criminal act. The police took such a drastic action merely on the account of the duo keeping their shop open past the permitted time. This systemic violence against them was carried on until they were admitted to the hospital where they lost their lives. Those affected by abuse of power are, in most cases, left one to one when opposing powerful malice and corruption, having neither knowledge of their rights nor resources and, often, readiness to stand for their rights. Hundreds of police officers have been accused of abusing their power to sexually exploit people, including vulnerable victims of crime, a damning report has revealed. The media hype over stories of people like Eric Garner, Freddie Gray and Michael Brown cause stories to be told from a biased and largely anti- police point of view (Gainor). The movement was sparked by the death of one individual but stood for the thousands of others who had perished due to the inhumane treatment by these law enforcers. This book is registered with bookcrossing.com. Because of the nature of their responsibilities, the police have the power to The offence is, in essence, one of abuse of the power or responsibilities of the office held. see review. It shows the failure of a system to address such heinous acts while instituting the same inadvertently by not taking appropriate actions against them. The definition of the abuse of power is a misuse of power by someone in a position of authority, who can use the power they have to oppress people in an inferior position or to induce them to commit a wrongful act.. Appropriate steps must be taken to unburden the law enforcers to maintain a better functioning of the system. Why French Protests Pivoted to Police Power and Abuse. One of the most common ways police abuse their power is through false arrest. Therefore, judicial magistrates must not rush through remand cases. India needs a truly comprehensive anti-torture legislation that should mandatorily address various dimensions related to police brutality. But no action has been taken by the government regarding the same. Until police shape up, the problem can get worse and worse, and trust can’t be held firmly anymore. India is in a dire need of strict laws against acts such as torture, mutilation and murder at the hands of those in power. Most police officers are committed and ethical. Protests against abuse of police power during lockdown spread through France. The glorification of extrajudicial executions is one of the greatest threats to the rule of law. IJM is working in Kenya to end police abuse of power. They work for the welfare of the society, hence, they instil a good faith in the people and aim to work for the safety and betterment of the citizens as on-ground officials. For example, they do what they want,harass people for no reason, and give people tickets for no reason. The Nigeria Police Force authorities in Lagos have within one month dismissed four police officers for abuse of power and awarded various degrees of punishments to 41 others. Misconduct in public office should be used for serious examples of misconduct when there is no appropriate statutory offence that would adequately describe the nature of the misconduct or give the court adequate sentencing powers. They ensure the safety of the people and essentially are the centrepiece of public order. The U.S is a democracy so people can make a change if they came together and put power together. The police use their muscle power to silence the citizens who raise their voices against them. Republic TV Moves NHRC Alleging Mumbai Police Tortured Employee “This was an utter abuse of power by the police officers, and patently unconstitutional,” claimed Republic TV. Our human rights seem to be limited in the revolting behavior of those who are supposed to keep us protected. It is high time that India implements laws for the better delivery of justice while respecting the rights of every individual. The law must also ensure comprehensive compensation and rehabilitation to the victims. This could adversely affect the behaviour of the officials while carrying out their duties. Home News Moutsinas: He complained to police about abuse of power. In 2017, Law Commission submitted its 273rd report accompanied by an Anti-Torture Law which was recommended to the central government asking them to ratify the United Nations Convention Against Torture to overcome the difficulties faced by the Indian law enforcement agencies while extraditing fugitives from a foreign territory but no action was taken regarding the same. However, only 26 policemen were convicted for these deaths while the other deaths were blamed on causes such as suicide, death in hospitals. According to the National Crime Bureau, 1727 people died under police custody between 2001 and 2018[8]. additional demands. Abuse of the Patriot Act— Several provisions of the Patriot Act were set to expire at the end of 2005 … A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. Police forces are well established, financed and coordinated internally. It shows the failure of a system to address such heinous acts while instituting the same inadvertently by not taking appropriate actions against them. These victims often belong to the weaker section of the society. A hero, a good Samaritan, or maybe a criminal in disguise? Abuse of Power. The court should not defend police brutality in the name of law morale of the police as in the case of Jayraj and Fenix where the Madras High Court observed that a few bad people ruin the system’s reputation. However, police may be held liable according to federal law. They work a difficult, life-threatening job, and their days are extraordinarily stressful. a state is to ensure that all acts of torture are offences under their criminal law including an attempt to torture, complicity or participation in torture. Second, catching the police red-handed has not stopped police abuse of power. Welcome to the world of case studies that can bring you high grades! While there are bad apples in every profession, it is unfair to paint all members with the same brush. These individuals are presented before the magistrate within 24 hours. Torture can never be justified even on criminals because as human beings, some laws safeguard the rights of each and every one! If police officers are abusing their power through corruption, without any regard for human rights and by taking advantage of the law. This power is made more visible by the uniform, the badge, and the firearm worn by police officers. In the case of Jayraj and Fenix, it was stated that the magistrate could not take proper notice of the act because of the restrictions that were imposed because of the pandemic. Police have the authority to make whatever they feel is right happen, yet they abuse the law for personal gain. Hundreds of millions of the poorest people in the developing world are abused by corrupt police who extort bribes and brutalize innocent citizens, or are held in abusive pre-trial detention. It is a rising issue nowadays, Your email address will not be published. It should be a well-established fact that no one stands above the law, not even those who carry out the process of delivery of justice. The police, as condemned by various rights groups, did not have the right to strip off the Right to life. Your email address will not be published. Most police officers are committed and ethical. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. Make the change, start to arrange. Summary: Mount Lebanon's First Investigative Judge Nicolas Mansour Tuesday issued indictments against high-ranking security personnel on charges of bribery, abuse of power and fraud, a judicial source told The Daily Star. No law authorises the police to torture suspects, to kill them in fake encounters or to humiliate women by rape, or by otherwise violating their modesty.” This shows that as racist as the officers are, they will still break a law just because of their opinion towards that group of people. Despite that, the number of reported cases is still high and stricter laws need to be formulated to put an end to this abuse of power. However, police officers also exercise a great deal of control over the lives of the people they interact with, and an abuse of this power is particularly egregious. As in the Hyderabad rape case of a veterinarian, where the police took the accused to the scene of the crime and were executed claiming their attempt to escape. Departments are liable for official misconduct by their officers. Hundreds of millions of the poorest people in the developing world are abused by corrupt police who extort bribes and brutalize innocent citizens, or are held in abusive pre-trial detention. How about receiving a customized one? Brutality can be caused by a shortage in the training and management of an officer. There have been increasing incidents of misuse of the powers vested in them. The dictionary definition of power is to be in possession of control, authority or influence over others. Police brutality and systemic inequality will continue unless we create real and sustainable change in every aspect of our society by demanding the power the government refuses to concede. In general, no, officers do not abuse their power. Most supervisors will listen when you report that your family member is misusing police powers by stalking or abusing you, friends, or family members while on duty. An internal Victoria Police inquiry found in 2018 that targets for random breath testing were a key reason why police fabricated evidence to meet these targets. According to the United Nations Convention Against Torture. As said multiple times, Bias against race, ethnicity, gender, beliefs, religion, or anything else should not be the reason officers are damaging people’s lives. Tax dollars are wasted. Over the past few days, there has been a series of incidents that suggest some soldiers and police officers are abusing the powers they enjoy during the national lockdown. The powers of the police are limited because of the existence of other specialized organs such as the Judiciary where a culprit is ought to be tried irrespective of the guilt or the gravity of the crime committed. The police have access to a large arsenal of weapons, one being the taser. The report urges senior leaders in the police service to be alert and determined to root out this kind of abuse of power. To begin with, officers abuse their power through corruption. He used to say “the greatest sin that can be committed is the abuse of power. Here, at ACaseStudy.com, we deliver professionally written papers, and the best grades for you from your professors are guaranteed! The issue was dealt with after a long ongoing protest and cognizance of the case. A petition was filed in the Supreme Court for the formulation of this law but the apex court observed that the government cannot be compelled to make law through the writ of mandamus as treaty ratification is a political decision and a matter of policy. What Is the Macro Environment in Business Analysis? Those affected by abuse of power are, in most cases, left one to one when opposing powerful malice and corruption, having neither knowledge of their rights nor resources and, often, readiness to stand for their rights. This leads to lower productivity because of the intermixing of both these aspects. Learn how your comment data is processed. The High Court has given 10 days to Additional Advocate General to file a counter-affidavit. Abuse of power or abuse of authority, in the form of "malfeasance in office" or "official misconduct", is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Abuse of power by the police is common, perhaps even rampant, but police liability still tends to be limited in instances of abuse and violence by police during arrests and other contact with the public. IJM is working in Kenya to end police abuse of power. What do you think a police officer is? The police are official designates for ensuring peace and stability. From a legal perspective, targets are dangerous because they risk facilitating police abuse of their powers. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Police brutality is a despicable act that has been endangering the systematic framework of the operational procedures. Absolute power corrupts absolutely.” As long as there are mortal men with ulterior motives (which defines a large preponderance of mankind), there will be corruption and abuse. In a horrifying incident on the night of 19th of June 2020, a father and a son, Jayraj and Fenix, in the district of Toothukudi in Tamil Nadu were tortured and ruthlessly beaten up resulting in the mutilation of their body parts[5]. The movement did not only focus to bring the perpetrators to justice but to also raise awareness about the increasing atrocities against a specific group in the society and to change the mindset of the people. 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