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Should individual police officers pay out-of-pocket for wrongfully charged crimes?

Should individual police officers pay out-of-pocket for wrongfully charged crimes?


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Mensch

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In general, would you agree with a new law that requires individual police officers to pay, out of their own pockets, all costs that accrue from a false or wrongfully charged crime?

After all, if the individual suspect is eventually cleared of the charges, it doesn't mean they're not affected by being charged with a false crime. They have to pay the lawyer fees and they may even lose their jobs because of such charges. And without such a law, they're forced to eat all costs despite the fact that the charges have been dropped or dismissed.

I know I was pissed when the cops pulled me over and charged me with a false crime. I was on my way to work and I could have lost my job. Thank God I didn't, but I did lose a day's worth of pay and that isn't cheap. My lawyer's fees are also not cheap and if since I'm completely innocent, why is it my obligation to just eat the costs? If not the police officers, perhaps the courts should retrospectively pay all my costs that I've accrued thanks to their ridiculous laws and incompetent enforcers.

If we held them liable for their own wrongdoings, perhaps it would provide a crucial incentive for them to prevent any future wrongdoing.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

In general, would you agree with a new law that requires individual police officers to pay, out of their own pockets, all costs that accrue from a false or wrongfully charged crime?

After all, if the individual suspect is eventually cleared of the charges, it doesn't mean they're not affected by being charged with a false crime. They have to pay the lawyer fees and they may even lose their jobs because of such charges. And without such a law, they're forced to eat all costs despite the fact that the charges have been dropped or dismissed.

I know I was pissed when the cops pulled me over and charged me with a false crime. I was on my way to work and I could have lost my job. Thank God I didn't, but I did lose a day's worth of pay and that isn't cheap. My lawyer's fees are also not cheap and if since I'm completely innocent, why is it my obligation to just eat the costs? If not the police officers, perhaps the courts should retrospectively pay all my costs that I've accrued thanks to their ridiculous laws and incompetent enforcers.

If we held them liable for their own wrongdoings, perhaps it would provide a crucial incentive for them to prevent any future wrongdoing.

Hell no. Police being held liable for other people lying (witnesses) is bullcrap.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Hell no. Police being held liable for other people lying (witnesses) is bullcrap.

"Other people lying"? Who in the hell ever said that? Are all people who are absolved of their charges liars and secret criminals?
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Sorry, but this is one of the stupider ideas I have heard in a very long time. It would totally hamstring the police, who would be afraid to act fearing that some one might get off on a technicality and they end up screwed.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Sorry, but this is one of the stupider ideas I have heard in a very long time. It would totally hamstring the police, who would be afraid to act fearing that some one might get off on a technicality and they end up screwed.

I can understand that position. How about forcing the court to pick up the tab? If the guilty parties are forced to pay the court's fees, why shouldn't the courts be forced to pay the fees related to charges levied against those proven not guilty?
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

I can understand that position. How about forcing the court to pick up the tab? If the guilty parties are forced to pay the court's fees, why shouldn't the courts be forced to pay the fees related to charges levied against those proven not guilty?

The court will pick up the tab. It's called a public defender.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

The court will pick up the tab. It's called a public defender.

And if the absolved suspect loses his job...then what? Punitive damages?
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

"Other people lying"? Who in the hell ever said that? Are all people who are absolved of their charges liars and secret criminals?

I never once said that the people absolved of thier charges are liars. In fact I stated explicity "witnesses". I even put it in parenthesesis.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

And if the absolved suspect loses his job...then what? Punitive damages?

Most people that are charged with a crime and spend time in jail due to wrongful convictions often get a certain amount of money based on how long they were incarcerated. Also I would imagine that they could sue for things like wrongful imprisonment, emotional distress, loss of income etc etc.

Edit note: finished typeing a word that my fingers sped too fast over.
 
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Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

If I not mistaken the Police do not lay criminal charges outside of minor offences like speeding. Major offences require judges and DA's to actually charge people7

The Police of course can arrest people
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

I never once said that the people absolved of thier charges are liars. In fact I stated explicity "witnesses". I even put it in parenthesesis.

So, are all absolved suspects true criminals who got away because of a lying witness?
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Most people that are charged with a crime and spend time in jail due to wrongful convictions often get a certain amount of money based on how long they were incarcerated. Also I would imagine that they could sue for things like wrongful imprisonment, emotional distress, loss of income etc etc.

Edit note: finished typeing a word that my fingers sped too fast over.

I would love to see a study indicating how often they actually get paid. My guess is, is that it is extremely difficult and troublesome to sue the courts and/or the police for a wrongful incarceration. It's even more saddening to see the puny amount of money they're paid for their troubles. I'm just assuming.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

If I not mistaken the Police do not lay criminal charges outside of minor offences like speeding. Major offences require judges and DA's to actually charge people7

The Police of course can arrest people

It is called an arrest charge. The D.A. can dismiss the case, but then again you could still be out of a job because some employers don't like to continue employing those who have been recently arrested.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Ok, I'm done answering alot of your questions Elijah. It seems to me that every single thread that I have ever seen you post in regards to the law, police, and court system is all about "poor <insert your percieved victim here>". You really come across as someone who wants anarchy. I've argued with people like that before and I've gotta tell you, it is NEVER satisfying to do so. It is much like argueing with John Lear about there being snow capped mtns and lakes and breathable air on the far side of the moon.

And in case you don't believe me about him....

Link

And yes...I HAVE argued with him about it.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

In general, would you agree with a new law that requires individual police officers to pay, out of their own pockets, all costs that accrue from a false or wrongfully charged crime?

After all, if the individual suspect is eventually cleared of the charges, it doesn't mean they're not affected by being charged with a false crime. They have to pay the lawyer fees and they may even lose their jobs because of such charges. And without such a law, they're forced to eat all costs despite the fact that the charges have been dropped or dismissed.

I know I was pissed when the cops pulled me over and charged me with a false crime. I was on my way to work and I could have lost my job. Thank God I didn't, but I did lose a day's worth of pay and that isn't cheap. My lawyer's fees are also not cheap and if since I'm completely innocent, why is it my obligation to just eat the costs? If not the police officers, perhaps the courts should retrospectively pay all my costs that I've accrued thanks to their ridiculous laws and incompetent enforcers.

If we held them liable for their own wrongdoings, perhaps it would provide a crucial incentive for them to prevent any future wrongdoing.

Absolutely, if not the cop, at least the jurisdiction. Your financial hardship was a punishment you incurred because you were falsely accused.

Defining what is meant by "wrongful" accusation is difficult, though, and many times the cop has to work with what he sees and he can't see the whole story.

Like, how was the cop in Cambridge supposed to know the bigot he was arresting for disorderly conduct was a personal friend of the racist in the White House? Should that officer have to pay the bigot's costs just because he's well connected?

In other cases not so clearly defined, was the cop's mistake deliberate or just human error? The man's on the street, it's not in the nature of cop work for everyone he arrests to be guilty all the time. That's what the courts are for.

So, while Mayor Snorkum agrees with your position whole heartedly, there's going to be problems applying it.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

I can understand that position. How about forcing the court to pick up the tab? If the guilty parties are forced to pay the court's fees, why shouldn't the courts be forced to pay the fees related to charges levied against those proven not guilty?

Because court fees are jacked up beyond reason to generate revenues not related to any particular crime. The government wouldn't want to lose that revenue stream.

Oops, Mayor Snorkum is being rightly cynical again. But there has to be a reason the fine for riding alone in the car pool lane is $272 dollars, not $270 and not $275, or, better yet, since no harm is done, $10.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

The court will pick up the tab. It's called a public defender.

One only gets a public defender if he can't pay a real lawyer.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Of course not, it would weaken the police extremely, their effectiveness would go down tremendously, and it would hinder their ability to pursue cases.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

In general, would you agree with a new law that requires individual police officers to pay, out of their own pockets, all costs that accrue from a false or wrongfully charged crime?

After all, if the individual suspect is eventually cleared of the charges, it doesn't mean they're not affected by being charged with a false crime. They have to pay the lawyer fees and they may even lose their jobs because of such charges. And without such a law, they're forced to eat all costs despite the fact that the charges have been dropped or dismissed.

I know I was pissed when the cops pulled me over and charged me with a false crime. I was on my way to work and I could have lost my job. Thank God I didn't, but I did lose a day's worth of pay and that isn't cheap. My lawyer's fees are also not cheap and if since I'm completely innocent, why is it my obligation to just eat the costs? If not the police officers, perhaps the courts should retrospectively pay all my costs that I've accrued thanks to their ridiculous laws and incompetent enforcers.

If we held them liable for their own wrongdoings, perhaps it would provide a crucial incentive for them to prevent any future wrongdoing.

  • Police officers should not be held personally responsible for discharging their duties within the confines of those duties and responsibilities.
  • Just because the state decides not to prosecute doesn't mean you were falsely arrested...nor does it mean you are innocent.
  • Just because you're found not guilty doesn't mean you were falsely arrested...nor does it mean you're innocent.
  • Everything that happens to you is not recompensable. There is cost to living life.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Right now, police officers can be sued. But to say they should pay out of their pockets if a defendant is acquited is silly.

I suppose it's no surprise that the attorneys who advise and direct the police officers are not responsible and don't get sanctioned. In Fort Collins, Colorado, a court held, on review, that a man had been improperly convicted of murder. They didn't say he was innocent but said documents and evidence had been improperly concealed. The two attorneys involved got a really, really harsh finger shaking. The detective is still going to court facing criminal charges and I'm sure he will be sued personally.

The two attorneys had since that trial become judge and the attorneys running the system had no problem with that but voters recently turned them both out of office.

ElijahGalt: "I know I was pissed when the cops pulled me over and charged me with a false crime. I was on my way to work and I could have lost my job. Thank God I didn't, but I did lose a day's worth of pay and that isn't cheap. My lawyer's fees are also not cheap and if since I'm completely innocent, why is it my obligation to just eat the costs? If not the police officers, perhaps the courts should retrospectively pay all my costs that I've accrued thanks to their ridiculous laws and incompetent enforcers."

Tantalizing but, no, I'm not prepared to change the system because you were pissed. You can file a complaint to recover your expenses. You're days wages, if they were actually lost, should be recoverable. As for attorney's fees, that's up to the attorneys.
 
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Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Worse than risking police not pursuing suspects is the idea that a police officer, once he arrests someone, may work with his fellow officers, who one day may be in the same position and will want the favor returned, to plant evidence or do other illegal actions, such as writing false reports, to ensure that his suspect is in fact found guilty.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

You can file a complaint to recover your expenses. You're days wages, if they were actually lost, should be recoverable. As for attorney's fees, that's up to the attorneys.

Yeah, well, good luck with that.
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

So, are all absolved suspects true criminals who got away because of a lying witness?

really? do you really not get it? WTF dude, why do you have such a hard on for the cops?
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Being found "Not Guilty" is not necessarily the same as being "innocent" and therefore "Wrongfully" charged. How exactly would you define "wrongfully charged"? Are you meaning anyone that is charged with a crime and found to have not had sufficient evidence to be convicted?
 
Re: Should individual police officers pay out-of-pocket for wrongfully charged crimes

Being found "Not Guilty" is not necessarily the same as being "innocent" and therefore "Wrongfully" charged.

yeah. O.J. was "not guilty" but he damn sure wasn't innocent.
 
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