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Falsely
Accused
Accused
Have you ever stopped to think how you'd feel if you were falsely
accused of a crime? As a police officer, you'll be taking on the awesome
responsibility of a fact seeker who must always put truth ahead of
everything else. Unfortunately...you're going to learn that not all police
officers take this responsibility as seriously as they should. Police
officers can be as lazy and incompetent as anyone else, and, yes...some
even lie.
Now that you know you'll not be entering a profession filled with perfect
truth seekers -- as if any such profession exists -- you can put integrity
at the very top of your list of goals. Since you're not perfect, you will
make mistakes. However, as long as your mistakes are made in good
faith, and you acknowledge and correct those mistakes, facts and truth
will serve you well throughout your career.
Police departments have many rules and regulations which are violated
by police officers with regularity. While many are ignored by everybody
and go unenforced, you may find yourself accused of a violation of which
you are guilty, but since you're maintaining a high level of integrity, it's
going to be one of the minor violations. You'll be aggravated since your
violation is one of those regularly violated by many. Oh, well...that's
just the way it goes sometimes. You'll take the punishment and learn
from the mistake.
Even though you maintain the highest levels of integrity and
professionalism, there will come a time(s) when you'll be falsely accused
of something. The first false allegation may come early in your career
or late in your career, but it, or they, will come. Never forget that you'll
be operating among the lowest forms of humanity, and the liars are the
lowest of them all.
The most serious allegations usually involve money, drugs, sex, and lies,
or some combination thereof. Get use to this right now...there is no
such thing as a presumption of innocence for a police officer. When
you're subjected to a false allegation(s), you must be prepared to prove
your innocence. Your best defense against the inevitable will be your
reputation for truthfulness. From the beginning, you must never do, or
say, anything that could reflect negatively on your credibility.
Police officers are just like anyone else when it comes to being people.
People often say things in jest, or they agree with others just to be
polite. You should remember that just as you're -- technically -- on
duty 24 hours a day, your statements and your perceived views on
anything are under scrutiny 24 hours a day.
While the use of deadly force often goes well beyond mere justification,
it is statistically low on your list of perils. As long as you're not a thief,
into drugs, or a liar, you won't be that susceptible regarding those
allegations. However, if you're a man, you'll always be susceptible to
allegations of sexual misconduct. If you ever become the victim of a
false allegation of sexual misconduct, you'll find that simply being a
man creates the presumption of guilt. There need not be a credible
accuser or any other type of evidence to ignite the perverse
imaginations of investigators and prosecutors.
As a police officer, you'll be very disappointed to learn that your
conduct, or alleged misconduct, will be investigated and judged on a
much lower threshold than that of most criminals. The first time you're
falsely accused of something, you'll gain an instant appreciation of the
Constitution and its individual safeguards; although, you'll learn that
police investigators and prosecutors have little regard for those
safeguards when it comes to you.
There's another thing you should realize. The Constitution guarantees
that no person will be subjected to double jeopardy; no person can be
tried twice for the same crime. It's different for a police officer, for
you'll always be subject to triple jeopardy. You know the first which
applies to everyone. The second is prosecution for civil rights violations.
I know, the Supreme Court says it's not double jeopardy, but try to
convince a police officer who's been acquitted in a State Court only to be
tried a second time in a Federal Court. Since prosecutions for civil
rights violations are reserved almost exclusively for police officers, it's
okay.
The third form of jeopardy is mild in comparison to the first two,
because it can't send you to jail. Your department will have a process
for an administrative proceeding. A police department will go to great
lengths in presenting a process that projects an image of fairness and
impartiality. It fact, it's merely a rubber stamp in most instances with
the outcome predetermined. However, police officers are acquitted
more times than one might think given such a rigged structure.
Frequently, the credibility of the accuser(s) is so weak, or the evidence
is so weak, contrived, or non-existent that one would wonder why the
hearing process proceeded at all.
There's a very simple explanation. Since everyone knows that cops
aren't perfect, politicians, prosecutors, and police management feel
compelled to maintain an unacknowledged termination quota to project
an image of police policing the police. The only problem is that there's
no one to police those who are determining who fills the quota, and
quotas are, by their very nature, selective and corrupt to varying
degrees.
In your quest to protect yourself from being falsely accused, you don't
need to become cynical and paranoid. Are you laughing yet? Seriously,
you don't. You can have trust in people. Just never trust anyone with
important matters. Only a fool would trust anyone when it comes to
one's career...or liberty.
There will come a time(s) when you'll be directed to do or report
something you realize is less than proper or truthful. Many police
officers will follow bad direction from a supervisor by trusting in the
supervisor to support their actions should they ever come into question.
Some of those same officers are devastated when the supervisor
develops amnesia or simply denies giving the questionable direction.
It's not that hard! You're the master of your destiny.
accused of a crime? As a police officer, you'll be taking on the awesome
responsibility of a fact seeker who must always put truth ahead of
everything else. Unfortunately...you're going to learn that not all police
officers take this responsibility as seriously as they should. Police
officers can be as lazy and incompetent as anyone else, and, yes...some
even lie.
Now that you know you'll not be entering a profession filled with perfect
truth seekers -- as if any such profession exists -- you can put integrity
at the very top of your list of goals. Since you're not perfect, you will
make mistakes. However, as long as your mistakes are made in good
faith, and you acknowledge and correct those mistakes, facts and truth
will serve you well throughout your career.
Police departments have many rules and regulations which are violated
by police officers with regularity. While many are ignored by everybody
and go unenforced, you may find yourself accused of a violation of which
you are guilty, but since you're maintaining a high level of integrity, it's
going to be one of the minor violations. You'll be aggravated since your
violation is one of those regularly violated by many. Oh, well...that's
just the way it goes sometimes. You'll take the punishment and learn
from the mistake.
Even though you maintain the highest levels of integrity and
professionalism, there will come a time(s) when you'll be falsely accused
of something. The first false allegation may come early in your career
or late in your career, but it, or they, will come. Never forget that you'll
be operating among the lowest forms of humanity, and the liars are the
lowest of them all.
The most serious allegations usually involve money, drugs, sex, and lies,
or some combination thereof. Get use to this right now...there is no
such thing as a presumption of innocence for a police officer. When
you're subjected to a false allegation(s), you must be prepared to prove
your innocence. Your best defense against the inevitable will be your
reputation for truthfulness. From the beginning, you must never do, or
say, anything that could reflect negatively on your credibility.
Police officers are just like anyone else when it comes to being people.
People often say things in jest, or they agree with others just to be
polite. You should remember that just as you're -- technically -- on
duty 24 hours a day, your statements and your perceived views on
anything are under scrutiny 24 hours a day.
While the use of deadly force often goes well beyond mere justification,
it is statistically low on your list of perils. As long as you're not a thief,
into drugs, or a liar, you won't be that susceptible regarding those
allegations. However, if you're a man, you'll always be susceptible to
allegations of sexual misconduct. If you ever become the victim of a
false allegation of sexual misconduct, you'll find that simply being a
man creates the presumption of guilt. There need not be a credible
accuser or any other type of evidence to ignite the perverse
imaginations of investigators and prosecutors.
As a police officer, you'll be very disappointed to learn that your
conduct, or alleged misconduct, will be investigated and judged on a
much lower threshold than that of most criminals. The first time you're
falsely accused of something, you'll gain an instant appreciation of the
Constitution and its individual safeguards; although, you'll learn that
police investigators and prosecutors have little regard for those
safeguards when it comes to you.
There's another thing you should realize. The Constitution guarantees
that no person will be subjected to double jeopardy; no person can be
tried twice for the same crime. It's different for a police officer, for
you'll always be subject to triple jeopardy. You know the first which
applies to everyone. The second is prosecution for civil rights violations.
I know, the Supreme Court says it's not double jeopardy, but try to
convince a police officer who's been acquitted in a State Court only to be
tried a second time in a Federal Court. Since prosecutions for civil
rights violations are reserved almost exclusively for police officers, it's
okay.
The third form of jeopardy is mild in comparison to the first two,
because it can't send you to jail. Your department will have a process
for an administrative proceeding. A police department will go to great
lengths in presenting a process that projects an image of fairness and
impartiality. It fact, it's merely a rubber stamp in most instances with
the outcome predetermined. However, police officers are acquitted
more times than one might think given such a rigged structure.
Frequently, the credibility of the accuser(s) is so weak, or the evidence
is so weak, contrived, or non-existent that one would wonder why the
hearing process proceeded at all.
There's a very simple explanation. Since everyone knows that cops
aren't perfect, politicians, prosecutors, and police management feel
compelled to maintain an unacknowledged termination quota to project
an image of police policing the police. The only problem is that there's
no one to police those who are determining who fills the quota, and
quotas are, by their very nature, selective and corrupt to varying
degrees.
In your quest to protect yourself from being falsely accused, you don't
need to become cynical and paranoid. Are you laughing yet? Seriously,
you don't. You can have trust in people. Just never trust anyone with
important matters. Only a fool would trust anyone when it comes to
one's career...or liberty.
There will come a time(s) when you'll be directed to do or report
something you realize is less than proper or truthful. Many police
officers will follow bad direction from a supervisor by trusting in the
supervisor to support their actions should they ever come into question.
Some of those same officers are devastated when the supervisor
develops amnesia or simply denies giving the questionable direction.
It's not that hard! You're the master of your destiny.
"Truth is mighty and will prevail.
There is nothing the matter with
this, except that it ain't so."
There is nothing the matter with
this, except that it ain't so."
| ~ Mark Twain |
Once upon a time, there were two young police officers who
made a bet on which one would be the first to shoot a bad
guy. No one took their banter seriously, because both
young men were decent human beings. Their youth and
inexperience prevented them from realizing that their
recently chosen profession made a deadly force
circumstance a real possibility.
That stupid bet was only mentioned a couple of times and
forgotten...or so one might believe. Months later on a cold
winter night, one of the officers responded to a call where
he was confronted by an elderly man holding a double barrel
12 gauge shotgun. The officer drew his revolver and
ordered the man to drop the gun.
No one would ever know why the old guy failed to obey a
uniformed police officer pointing a gun at him. As the man
began to raise the shotgun to his shoulder, the officer
screamed his order again. The man failed to respond, and
the officer fired his revolver. There seemed to be no effect,
and as the man continued to point the shotgun at the
officer, the officer fired again, and again; until, his six shot
revolver was empty.
Incredibly, the man still stood, and he was still pointing the
shotgun. Can you even begin to imagine how that police
officer felt at that moment? One indication might be the
final condition of the officer's heavy winter uniform coat.
Every button on the coat was ripped away in the officer's
desperate effort to reach his ammunition pouch to reload
his revolver.
Before the officer could reload one bullet, the old man
collapsed. All six rounds fired by the officer had struck the
man, and the wounds were fatal. This incident spread
tragedy all around. One man was dead, and one man was
traumatized. It turned out the shotgun was not loaded, and
no reason was ever determined why the man acted as he did.
As tragic as the circumstances were, the officer was
justified in his use of deadly force; until, someone
mentioned the bet from months earlier. Yea...cops. That
revelation put the department's investigators and the
prosecutor into high gear. After months of investigation
failed to make the evidence fit a desired outcome, the
officer's ordeal ended...or, did it?
While the officer was reinstated, his career was effectively
ended, and he knew it. He would eventually resign and
move on to parts unknown. One can only hope that his
hard learned lesson in semantics would serve him well in
the future.
made a bet on which one would be the first to shoot a bad
guy. No one took their banter seriously, because both
young men were decent human beings. Their youth and
inexperience prevented them from realizing that their
recently chosen profession made a deadly force
circumstance a real possibility.
That stupid bet was only mentioned a couple of times and
forgotten...or so one might believe. Months later on a cold
winter night, one of the officers responded to a call where
he was confronted by an elderly man holding a double barrel
12 gauge shotgun. The officer drew his revolver and
ordered the man to drop the gun.
No one would ever know why the old guy failed to obey a
uniformed police officer pointing a gun at him. As the man
began to raise the shotgun to his shoulder, the officer
screamed his order again. The man failed to respond, and
the officer fired his revolver. There seemed to be no effect,
and as the man continued to point the shotgun at the
officer, the officer fired again, and again; until, his six shot
revolver was empty.
Incredibly, the man still stood, and he was still pointing the
shotgun. Can you even begin to imagine how that police
officer felt at that moment? One indication might be the
final condition of the officer's heavy winter uniform coat.
Every button on the coat was ripped away in the officer's
desperate effort to reach his ammunition pouch to reload
his revolver.
Before the officer could reload one bullet, the old man
collapsed. All six rounds fired by the officer had struck the
man, and the wounds were fatal. This incident spread
tragedy all around. One man was dead, and one man was
traumatized. It turned out the shotgun was not loaded, and
no reason was ever determined why the man acted as he did.
As tragic as the circumstances were, the officer was
justified in his use of deadly force; until, someone
mentioned the bet from months earlier. Yea...cops. That
revelation put the department's investigators and the
prosecutor into high gear. After months of investigation
failed to make the evidence fit a desired outcome, the
officer's ordeal ended...or, did it?
While the officer was reinstated, his career was effectively
ended, and he knew it. He would eventually resign and
move on to parts unknown. One can only hope that his
hard learned lesson in semantics would serve him well in
the future.
Many years ago, a young police officer found himself
assigned to sit on a three member departmental trial board
comprised of himself, a lieutenant, and a command officer.
The first trial was pretty easy. The case was terribly
presented, and he and the lieutenant had no problem
finding the accused officer not guilty. The officer was a bit
perplexed when the command officer voted guilty since he'd
indicated agreement with the not guilty verdict during
deliberation. The command officer's guilty vote didn't mean
anything since the majority vote determined the accused
officer's fate.
The officer's second experience at judging one of his own
wasn't easy at all. While the accused officer wasn't a bad
person, he was simply guilty, and his bad judgement simply
precluded him from continuing a police career.
The third trial, like the first, was a farce, and the accused
officer was acquitted. However, the officer noted that this
command officer also voted guilty on all charges like the
other had done, and under the same circumstances.
Then came an order to attend a seminar for trial board
members. The seminar was conducted by the department's
chief legal advisor. The young officer would never forget
the legal advisor's opening statement, "The only thing you
guys have to remember is that you're here to find people
guilty." The legal advisor went on to brag that the
department had been sued less than any other police
department in the region and surrounding states. He
attributed the department's success to its high rate of trial
board convictions.
As the legal advisor continued on his theme of guilty, guilty,
the young officer wondered when he'd get into discussing
rules of evidence and other things associated with a legal
proceeding. The officer then made a blunder by raising his
hand and asking a question. His question went unanswered,
and the officer would never again sit on a trial board.
While the officer would never again sit in judgment during
a long and productive career, he never had to sit on the
other side of a trail board either.
assigned to sit on a three member departmental trial board
comprised of himself, a lieutenant, and a command officer.
The first trial was pretty easy. The case was terribly
presented, and he and the lieutenant had no problem
finding the accused officer not guilty. The officer was a bit
perplexed when the command officer voted guilty since he'd
indicated agreement with the not guilty verdict during
deliberation. The command officer's guilty vote didn't mean
anything since the majority vote determined the accused
officer's fate.
The officer's second experience at judging one of his own
wasn't easy at all. While the accused officer wasn't a bad
person, he was simply guilty, and his bad judgement simply
precluded him from continuing a police career.
The third trial, like the first, was a farce, and the accused
officer was acquitted. However, the officer noted that this
command officer also voted guilty on all charges like the
other had done, and under the same circumstances.
Then came an order to attend a seminar for trial board
members. The seminar was conducted by the department's
chief legal advisor. The young officer would never forget
the legal advisor's opening statement, "The only thing you
guys have to remember is that you're here to find people
guilty." The legal advisor went on to brag that the
department had been sued less than any other police
department in the region and surrounding states. He
attributed the department's success to its high rate of trial
board convictions.
As the legal advisor continued on his theme of guilty, guilty,
the young officer wondered when he'd get into discussing
rules of evidence and other things associated with a legal
proceeding. The officer then made a blunder by raising his
hand and asking a question. His question went unanswered,
and the officer would never again sit on a trial board.
While the officer would never again sit in judgment during
a long and productive career, he never had to sit on the
other side of a trail board either.
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