Recently in New York City, a police officer testified that he did not question or interrogate a subject. Unfortunately and unbeknownst to him, the suspect had a recorder on him at the time. What's a proper punishment for a police officer who lies about a suspect during a trial?
Is it worse than a civilian committing perjury? nytimes.com/2007/12/07/nyregion/07cop.html Asked by CowOfDeath 49 months ago Similar questions: crime police officer commits perjury Politics & Law > Law.
Similar questions: crime police officer commits perjury.
If you start moving down these paths, you'll be opening up a huge can of worms. Also, if they were treated differently, there would be a serious constitutional issue involved, to wit: any statute that singled them out for harsher punishment would be suspect under the equal protection clause of the 14th amendment and the correlative provision, if any, of the state constitution. "Generally, the question of whether the equal protection clause has been violated arises when a state grants a particular class of individuals the right to engage in an activity yet denies other individuals the same right.
There is no clear rule for deciding when a classification is unconstitutional. " law.cornell.edu/wex/index.php/Equal_prot... en.wikipedia.org/wiki/Equal_Protection_C... law.umkc.edu/faculty/projects/ftrials/co... This might sound strange when you just look at the question from the standpoint of the accused police officer. But, if you look at the entire justice as a whole, the problem becomes clearer.
Why should defendants in criminal trials be granted more protection from dishonest peace officers than is granted them from non-peace officer witnesses? Also, if you penalize perjury in criminal trials, this is more protection to criminal defendants than litigants in civil cases. Someone who is in danger of loosing their children in a custody case should be just as protected as a defendant in a misdemeanor case.
Why the distinction? What end would be served? If we treat peace officers differently, will that encourage them from doing their jobs more diligently?
Or, will it deter them? If a law like this was passed, how would that affect recruitment and officer retention? Would it help it or hurt it?
Would it require hirer salaries to attract new peace officers? I ask these questions because the job is difficult and dangerous. The last thing that we need to do is to make it more difficult to hire and train new officers and to keep experienced ones on the force.My guess would be that the judge probably has a bit of discretion in sentencing in criminal cases.
It would and should be up to the judge to decide the proper punishment. Any statute that enhanced the penalties would be unfair, unjust and possibly unconstitutional. Sources: cited above and personal opinion Snow_Leopard's Recommendations Criminal Law Examples & Explanations, 4e (Examples & Explanations) Amazon List Price: $39.95 Used from: $24.00 Average Customer Rating: 3.5 out of 5 (based on 13 reviews) Supervision of Police Personnel (6th Edition) Amazon List Price: $102.00 Used from: $90.30 Average Customer Rating: 3.0 out of 5 (based on 23 reviews) Emanuel Law Outlines: Constitutional Law (Emanuel Law Outlines) Amazon List Price: $34.95 Used from: $25.99 Average Customer Rating: 5.0 out of 5 (based on 2 reviews) Criminal Justice Today: An Introductory Text for the 21st Century (9th Edition) Amazon List Price: $118.00 Used from: $34.25 .
Perjury Perjury is already a crime and anybody who commits it should be prosecuted and punished for it as provided in the statute. Statutes and sentencing guidelines always provide for a range of punishments to be applied at the court's discretion depending on the relative seriousness of the offense and other factors. If I were a judge I would consider perjury by a police officer (or a lawyer or prosecutor anyone else in "the system") to be more serious as it is a threat to the integrity of the whole criminal justice establishment.
I'd throw the book at him (and the gavel too) to the extent that the law allows. If I had a choice, I'd prefer to see a whole separate a statute with much higher penalties for perjury committed by anyone in a position of public trust.
The same Anyone who commits perjury deserves the same punishment as anyone else. However, in a case like this, their agency needs to deal with the issue, and then the victim can address it in a civil suit.
My professional opinion.....is that the police officer should be held to the same standard that every other person in this country is held to. He is neither above nor below the reaches of justice. However, my gut tells me that a person who is sworn to uphold the law and instead breaks it should have the book thrown at him and the key to his cell "lost".
I must disagree with one of your statements - it was not unfortunate at all that that particular inmate had a recorder on him - at least not unfortunate for the victim and for all other people who may come in contact with this dishonest officer in the future... it was only unfortunate for the lying, sack of sh*t cop.
They should pay a higher price. Because they are in a public trust position they should pay a much higher penalty that the rest of us common folk for that crime I believe. Sources: IMHO .
" "Crime.Dangerous. Police ask your help. Would you?" "Have you ever lied to a police officer to get out of a ticket?
" "Would you ever want to be a police officer? " "What is a non certified police officer and what do they do?
Crime. Dangerous. Police ask your help.
Would you?
I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.