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police Misconduct Case Study
The district attorney declines to press charges and both juveniles are released. They flee the jurisdiction and are never found. Your partner is brought before a police investigation Board and suspended from the Department after 20 years service.
Justification for Answer Choice #1
The District Attorney (DA) had no choice but to drop the charges and release the suspects because my partners actions apparently violated one of the most fundamental rights of all criminal defendants under the U.S. Constitution. It also created a very damaging appearance of improper conduct on the part of the police department that could undermine the respect for police authority in the community. My partner's actions demand serious professional consequences, especially because he is one of two detectives responsible for investigating homicides in the department. A slap on the wrist would not provide the guarantee that similar conduct will not be repeated. In addition to violating the constitutional rights of defendants, his actions already resulted in the unavoidable dropping...
Instead, his actions made prosecution impossible and caused the release of the two suspects.
The Fifth Amendment Issue
The Fifth Amendment to the U.S. Constitution guarantees the right against self-incrimination (Zalman, 2008). The most important case in the area of self-incrimination was the landmark case of Miranda v. Arizona (348 U.S. 346) in 1966 that has required police to advise suspects of their constitutional right to remain silent before they initiate custodial interrogation (Schmalleger, 2009). The penalty for violating this requirement is that the evidence produced improperly may not be introduced at trial (Dershowitz, 2002). The Fifth Amendment also prohibits the police from coercing or threatening suspects during interrogation, from depriving them of food, water, or restroom facilities, and…
References
Dershowitz, A.M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Bantam Books.
Friedman, A. (2005). A History of American Law. New York: Touchstone Books.
Schmalleger, F. (2009). Criminal Justice Today: An Introductory Text for the 21st
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