Want to stop Police Brutality? Repeal the Law Enforcement Officer Bill of Rights laws.

Discussion in 'Politics' started by Deleted member 472633, Dec 5, 2015.

  1. Did you know that Law Enforcement Officer's have a special Bill of Rights seperate from you and I in 14 states and in a version of this law in most others?
    The Law Enforcement Officer's Bill of Rights laws were bills passed in the 70s and 80s that effectively gave cops a license to kill, maim and brutalize people with little chance of reprucussions? Please read the following article. I will put in bold some of the special privledges officers are granted at our expense:








    "It has been more than two weeks since Baltimore police dragged Freddie Gray
    into the paddy-wagon from which he would emerge, half an hour later,
    with a fatal injury to his spine. But as another day ticks by, Gray's
    neighbors and fellow citizens remain largely uninformed about what occurred in that van, and why.
    As
    was true in a spate of recent death-in-custody cases, the Baltimore
    police department's seeming reluctance (or inability) to mount a prompt,
    thorough investigation of its own officers has generated escalating protests, fueled by existing distrust of the police and suggestions of a cover-up.



    But in this case it wasn't just the thin blue line
    of solidarity shielding the cops involved from having to testify
    against themselves or each other.
    The problem, said
    Baltimore Mayor Stephanie Rawlings-Blake, is that city officials were
    unable to "fully engage" with the officers "because of our Law Enforcement Officers' Bill of Rights."
    That
    such a bill of rights exists was news to many in Maryland. But the
    mayor was correct to note the significant role that the LEOBoR, as it is
    called, has played in the investigation into Freddie Gray's death. A
    set of due-process rights for police officers under internal
    investigation for alleged misconduct, Maryland's LEOBoR includes a
    provision that the officers cannot be forced to make any statements for
    10 days after the incident, during which time they are presumed to be
    searching for a lawyer. It is partly because of this "cooling-off
    period" - to critics, a convenient delay for the cops to tidy up their
    stories - that so little has been said by the only people who know what
    took place within that vehicle.

    The standard
    LEOBoR also provides that an officer may only be questioned for a
    reasonable length of time, at a reasonable hour, by only one or two
    investigators (who must be fellow policemen), and with plenty of breaks
    for food and water.

    Samuel Walker, an expert on
    law-enforcement accountability whose research has focused on the
    LEOBoR, says that this "special layer of due process" afforded to police
    officers "impedes accountability, and truly is a key element of our
    lack of responsiveness to these cases” of apparent excessive force.
    "But
    even though all of this has been on our minds, lately," he adds, "we
    haven't been talking about the LEOBoR. It's a scandal, really."
    Maryland
    is hardly alone: 14 states have laws on the books guaranteeing a bill
    of rights for cops (and sometimes also correctional officers who are
    under investigation by their superiors. As many as 11 other states are
    considering similar legislation, and many of the rest have written
    essentially the same rights and privileges into their contracts with the
    police unions. A bill calling for adoption of a national LEOBoR is
    pending in Congress, and is re-introduced often.

    The
    idea, say union officials, is that what constitutes due process for
    civilians is not protection enough for enforcers of the law, who operate
    under the aggressive scrutiny of internal investigators and the public.
    As the Police Benevolent Association has put it, "Rank-and-file police
    officers are sometimes subjected to abusive and improper procedures" by
    internal affairs officers and prosecutors out for blood.
    Says
    Vince Canales, the president of Maryland's Fraternal Order of Police,
    "All this does is provide a very basic level of constitutional
    protections for our officers, so that they can make statements that will
    stand up later in court."
    "The police," he adds, "have rights like anyone else."
    And
    then some. LEOBoR is the original Bill of Rights with an upgrade,
    assuring police officers treatment that they themselves do not
    consistently offer to suspects they are questioning. Here is a sample of
    the common provisions in these measures, which vary from state to
    state:
    If a department decides to pursue a complaint against an officer, the department must notify the officer and his union.

    The officer must be informed of the complainants, and their testimony against him, before he is questioned.

    During questioning, investigators may not
    harass, threaten, or promise rewards to the officer, as interrogators
    not infrequently do to civilian suspects.

    Bathroom breaks are assured during questioning.

    In Maryland, the officer may appeal his case to a “hearing board,” whose decision is binding, before
    a final decision has been made by his superiors about his discipline.
    The hearing board consists of three of the suspected offender's fellow
    officers.

    In some jurisdictions, the officer may not be
    disciplined if more than a certain number of days (often 100) have
    passed since his alleged misconduct, which limits the time for
    investigation.


    Even if the officer is
    suspended, the department must continue to pay salary and benefits, as
    well as the cost of the officer's attorney.


    Of course, all of these rights apply only during the internal
    investigation of police officers, that is, by their own departments.
    They would not receive this special treatment during a criminal
    investigation by an outside agency such as the Department of Justice.
    However, writes Mike Riggs at Reason.com, the departmental investigation is often the only investigation, especially in less-publicized cases.
    Moreover,
    says Riggs, all the rules and procedures in the LEOBoR make it so
    time-consuming and cumbersome to do a full investigation that the
    department will often opt not to take the trouble. As a result - as in
    the cases of Major Joseph Floyd in Florida; Officer Michael Vagnini in Milwaukee; and the Fullerton, California, police officers
    who beat to death a homeless man named Kelly Thomas - an officer can
    rack up a number of complaints but be given a pass until he does
    something more serious. (Maryland's version also includes a provision
    that complaints and investigations into an officer's conduct may be
    purged after three years.)
    The LEOBoR arose in
    the late 1960s and early 1970s, a reaction against the efforts of
    civil-rights activists to demand greater police accountability,
    including the advent of civilian review boards. Under these bills of
    rights, an investigation by fellow officers may preempt a civilian
    review.

    In two rulings in 1967 and 1968,
    the Supreme Court sided with police officers who claimed that they had
    been deprived of their Fifth Amendment right against self-incrimination.
    The justices ruled that police could not be forced (by threat of firing
    or otherwise) to testify against themselves, even in an internal,
    administrative investigation.
    By 1972,
    Maryland had codified the high court's decisions into the nation's first
    LEOBoR. Florida soon followed, and then Rhode Island - considered the
    only state with a more police-friendly version of the LEOBoR than
    Maryland's. (In Rhode Island, for example, not only is the accused
    officer's case decided by a hearing board of three fellow officers, the
    officer gets to choose one of those officers.)
    Steve
    Drizin, a law professor at Northwestern University and an expert on the
    rights given to suspects - police and civilians - during questioning,
    says that these new bills of rights "were introduced by Fraternal Order
    of Police lobbyists, and sailed through legislatures in the 70's and
    80's."
    "There was no real discussion," says Drizin. "The rights were simply accepted as uncontroversial."
    But
    the debate is mounting, now that Maryland's 43-year-old LEOBoR seems to
    have prevented a swift accounting of how Freddie Gray was killed.
    The question at hand, according to Walker's study
    of LEOBoR's around the country, is whether the police, because they are
    tasked with resolving in-the-moment, life-or-death situations, deserve
    special rights when they are investigated after the fact. Or, because of
    the power that comes with a badge and gun, should they be subjected to
    special scrutiny?
    Jeffrey Fagan, an expert on
    policing at Columbia Law School, asks why cops would feel they need more
    special consideration: "They want better treatment than other criminal
    defendants? They already have 95 percent of civil-rights law on their
    side, starting with qualified immunity."
    Peter Neufeld, a lawyer who, during the infamous Abner Louima case,
    fought a rule that required criminal investigators to wait 48 hours
    before questioning police about their conduct, says that any version of a
    "cooling-off period" can be particularly insidious.
    Neufeld,
    who was part of the legal team that won Louima an $8.75 million against
    New York's police union, says that such a waiting period "allows these
    officers to wait until the forensics come in before constructing a
    narrative. Sure, even if you were able to question them earlier in the
    process, you wouldn't get many cops who would confess. But you would get
    some who'd make false exculpatory statements, and that's a big deal."
    Neufeld
    argues that if officers accused of wrongdoing were interviewed
    immediately following the event, they would not have their cover stories
    at the ready, and years of follow-up external investigation could be avoided.
    But
    Canales, the head of the Maryland police union, says that the real
    source of controversy should not be the LEOBoR. "What people are mad
    about, right now, is our lack of communication - and we do need to be
    better about that. We've got to keep the public better informed about
    how exactly we're conducting these investigations and what we know or
    don't know... But the LEOBoR doesn't have anything to do with this
    question of transparency, if you think about it."
    "All
    this bill of rights does,” he says, “is provide basic due process for
    our officers, who are covered by the Constitution just like anyone
    else."
    Drizin agrees, though from a different
    vantage point. "I don't think, actually, that police officers should not
    have these rights. I think that everyone should have a bill of rights like this."
    http://www.huffingtonpost.com/2015/04/27/law-enforcement-bill-of-rights_n_7153106.html






    This is how they get away with it unions and lobbying efforts have essentially given cops a license to kill.

     
  2. The notion that LEO have any special rights is a misnomer. Unfortunately most people don't understand the extent of their freedom and power, instead they allow themselves to be bullied by this bogus corporate government, it's courts, statues, and endless stream of subversive agencies. The best way IMO to stop police brutality is getting rid of them, or less extreme, for people to take them to their court of record. We cannot rely on corrupt illegitimate courts anymore. Id recommend 1215.org for those interested in empowering themselves.
     

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