Official Misconduct
Official misconduct occurs when public officials, especially police officers or prosecutors, abuse their authority for personal, political, or institutional gain, or to cover up wrongdoing. This abuse can destroy lives, deny justice, and undermine public trust in the legal system.
Types of Official Misconduct
- Police Misconduct
- Falsifying Reports: Writing false narratives or omitting exculpatory evidence.
- Fabricating Evidence: Planting or altering evidence to support a charge.
- Excessive Force: Using physical violence that exceeds what is legally permitted.
- Illegal Searches & Seizures: Violating Fourth Amendment rights by conducting warrantless or unreasonable searches.
- Racial Profiling: Targeting individuals based on race or ethnicity rather than suspicion.
- Failure to Intervene: Officers who witness misconduct but do nothing.
- Prosecutorial Misconduct
- Withholding Exculpatory Evidence (Brady Violations): Failing to turn over evidence that might prove a defendant’s innocence.
- Improper Arguments: Misleading the jury or appealing to prejudice during trial.
- Charging Without Probable Cause: Pursuing charges not supported by sufficient evidence.
- Witness Coercion or Coaching: Pressuring witnesses to testify falsely or unethically.
- Selective Prosecution: Targeting individuals for prosecution based on race, political views, or personal bias.
Real-World Examples
- Leslie Vass (Maryland): Wrongfully convicted at 17 after a photo lineup misidentification. Prosecutors failed to verify key evidence. He spent years in prison for a crime he didn’t commit.
- Kalief Browder (New York): Arrested at 16 and held in Rikers Island for three years without trial. Prosecutors delayed the case intentionally while knowing there was no viable evidence. Kalief later died by suicide due to the trauma.
- Michael Morton (Texas): Served 25 years for his wife’s murder. Prosecutors suppressed exculpatory evidence proving his innocence. He was later exonerated by DNA evidence.
Laws That Apply to Official Misconduct
- 18 U.S. Code § 242 – Deprivation of Rights Under Color of Law
Makes it a crime for anyone acting under official authority to deprive someone of constitutional rights. - 42 U.S. Code § 1983 – Civil Action for Deprivation of Rights
Allows individuals to sue state actors (like police or prosecutors) for violating civil rights. - Brady v. Maryland (373 U.S. 83, 1963)
Requires prosecutors to turn over any exculpatory evidence to the defense. Failure to do so is a violation of due process. - Giglio v. United States (405 U.S. 150, 1972)
Requires the prosecution to disclose any agreements with witnesses or credibility issues that could affect their testimony. - STATE LAW EXAMPLE: Oregon Law ORS 162.405 – Official Misconduct in the First Degree
Applies when a public servant knowingly fails to perform a duty or commits an unauthorized act.
Constitutional Protections Against Misconduct
- Fourth Amendment
Protects against unlawful searches and seizures. - Fifth Amendment
Protects against self-incrimination and guarantees due process. - Sixth Amendment
Guarantees the right to a fair trial, including the right to confront witnesses and receive effective legal representation. - Fourteenth Amendment
Applies due process and equal protection guarantees to state and local governments.
Why It Matters
When public servants betray their oath, the damage is not just to the individual, it’s to the fabric of justice. Wrongful convictions, racial bias, retaliatory charges, and coverups leave lasting harm. Exposing these patterns and holding officials accountable is crucial for restoring faith in the justice system.
What Can You Do?
- Demand transparency and accountability from police departments and DA offices.
- Support civilian oversight boards and reform legislation.
- If you or someone you know was harmed by official misconduct, explore:
- Filing a civil rights lawsuit
- Submitting a bar complaint (for prosecutors) in the state of the misconduct.
- Reporting to state attorney general or DOJ Civil Rights Division
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