From a legal perspective, targets are dangerous because they risk facilitating police abuse of their powers. The law should hold superior officials responsible for the activities taking place under their jurisdiction. This power is made more visible by the uniform, the badge, and the firearm worn by police officers. There are very life threatening and dangerous crimes that go on in our everyday lives, whether we are a witness or a victim. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. India’s attempt to implement a stricter Anti-Torture Law has failed not once but several times. In many places, police not only fail to protect vulnerable people from violence, but they are violent predators themselves. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. The High Court has given 10 days to Additional Advocate General to file a counter-affidavit. Misconduct in public office should be used for serious examples of misconduct when there is no appropriate statutory offence that would adequately describe the nature of the misconduct or give the court adequate sentencing powers. Hence on an average, 5 custodial deaths happen in India every single day[10]! Ask yourself if what your abuser is doing is different because of his power and status as a police officer. This site uses Akismet to reduce spam. The definition of the abuse of power is a misuse of power by someone in a position of authority, who can use the power they have to oppress people in an inferior position or to induce them to commit a wrongful act.. Make the change, start to arrange. But what if the powers at their disposal are used against the people that they are instituted to protect? The dash cam was mounted just below the police cruiser’s roof, in perfect position to capture the 26-year patrolman’s transformation from concerned father to authority-abusing police officer. Police brutality and the abuse of power, held by them is one of the most alarming and gruesome challenges for a country. Section 331 of the Indian Penal Code states that. an individual voluntarily causing grievous hurt to extort confession or to compel restoration of a property is also liable to punishment. There was a widespread protest against this long ongoing discrimination in the country. Several reports on police brutality have surfaced from different parts of the country[3]. They work a difficult, life-threatening job, and their days are extraordinarily stressful. They are the first point of contact in cases of commission of any illicit act. Abuse of Power by Police Officers July 31, 2015 By TriciaB As a DUI defense lawyer, I’m determined to get the word out: it is important to know your rights when a police officer stops you on DUI-DWI suspicions. Though the bill was not a strong one but surely was a move in the right direction. In essence, an article called Police and Human rights it says, “The ‘back laws’, are not the main reason for the more serious violations of human rights. Intimidating or coercing a person at the investigation with the consent or acquiescence of a public official or a person working in an official capacity also amounts to torture. Police officers have been given great powers by the public in order to properly discharge their responsibilities. These abuses in power clearly stands against the ideals of this great nation. Why French Protests Pivoted to Police Power and Abuse. To take an innocent person’s life for no reason is something that needs to be stopped. This led to the death of at least 12 individuals which garnered heavy criticism from various human rights groups and the United Nations[7] as an intense measure that was completely uncalled for. However, police officers also exercise a great deal of control over the lives of the people they interact with, and an abuse of this power is particularly egregious. This book is registered with bookcrossing.com. If people speak up and let their voices be heard, they can make a change. But the witnesses and the video evidence retrieved from the site tell a completely different story, hence showing the tactics used by them to cover up their misdeeds. Abuse of Power. A file was reported and this shows that it’s not only happening in america but all around the world. Law enforcement abuse of power situations can often lead to a miscarriage of justice, and may also involve discrimination of one type or another. This is linked to unlawful search and seizures under the Fourth Amendment. According to Section 330 of the Indian Penal Code. The issue was dealt with after a long ongoing protest and cognizance of the case. Those affected by abuse of power are, in most cases, left one to one when opposing powerful malice and corruption, having neither knowledge of their rights nor resources and, often, readiness to stand for their rights. IJM is working in Kenya to end police abuse of power. Police take advantage of their power in ways that should be illegal; bias against race, ethnicity, social class, gender, beliefs, religion, misogyny or anything else should not be the reason officers are damaging people’s lives. It will explore why it is an issue and what can be done to prevent it. The Abuse of Police Authority: A National Study of Police Officers’ Attitudes by David Weisburd, Rosann Greenspan, Edwin E. Hamilton, Kellie A. Bryant, Hubert Williams (2001) This report presents the results of the first truly representative national survey of how America’s rank-and-file police officers and their supervisors view critical issues of abuse of police authority. Shortly after a 2015 ACLU report on gender bias in police response to domestic violence and sexual assault, the DOJ issued new guidelines addressing the role of gender bias in DV/SA investigations. The criminal justice system has seen its fair share of abuses since its inception. This is in stark contrast with the nature of the work they are sworn in to carry out, but this act of misuse of power has been prevalent for a very long time[2]. The police are the law enforcers who ensure that the laws are implemented at the ground level. Police corruption and abuse of authority have persisted since the beginning of policing, and were exacerbated late in the twentieth cen-tury by America ’s drug epidemic. Most police officers are committed and ethical. Required fields are marked *. abuse of power Ex-Judge Says Push To Dismiss Flynn Case Is 'Abuse Of Power' Former U.S. District Judge John Gleeson said the government “has engaged in highly irregular conduct to benefit a political ally of the President.” Initially, the police stated that there was a large gathering outside their shop which was prohibited at the time of a pandemic. Police brutality is a despicable act that has been endangering the systematic framework of the operational procedures. The police are under legal obligations to uphold the rights of the people and to protect all the citizens. This systemic violence against them was carried on until they were admitted to the hospital where they lost their lives. Abuse of power by the police is common, perhaps even rampant, but police liability still tends to be limited in instances of abuse and violence by police during arrests and other contact with the public. An officer stopped a 20-year-old black man for dancing in the … To back this up, not too long ago officers inthe U.K admitted to sexual assault. A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. additional demands. Tax dollars are wasted. These victims often belong to the weaker section of the society. The powers of the police are limited because of the existence of other specialized organs such as the Judiciary where a culprit is ought to be tried irrespective of the guilt or the gravity of the crime committed. It is a rising issue nowadays, Your email address will not be published. Our human rights seem to be limited in the revolting behavior of those who are supposed to keep us protected. Torture can be defined as an act by which severe pain or suffering is inflicted upon a person physically or mentally for information or confession[4]. Four ISF members indicted for bribery, abuse of power The four counts of alleged abuse of power under the Malaysian Anti-Corruption Commission Act 2009's Section 23 are in relation to a total of RM2,282,937,678.41 (more than RM2.28 billion) that Najib was alleged to have benefited from personally by using his position. The movement did not only focus to bring the perpetrators to justice but to also raise awareness about the increasing atrocities against a specific group in the society and to change the mindset of the people. Police have the authority to make whatever they feel is right happen, yet they abuse the law for personal gain. While there are bad apples in every profession, it is unfair to paint all members with the same brush. Police Abuse Of Power In many places, police not only fail to protect vulnerable people from violence, but they are perpetuating the cycle of brutality and violence themselves. Most police officers are committed and ethical. To begin with, officers abuse their power through corruption. Did you know that the taser can fire up to 50,000 volts of electricity? Police are the most vital law enforcing agency of a country who are entrusted with the maintenance of public order, enforcement of laws as well as prevention, detection and prosecution of crimes[1]. No, most police officers do not abuse their power. What if the saviours themselves become the perpetrators and misuse the powers vested in them to torture the people and strip away their rights for impunity? Fundamental Rights; Nature, Scope and importance, Constitutional Values of Landmark Amendments in India, The Narcotics Control Bureau (NCB) and its Altruistic Attribute. IJM is working in Kenya to end police abuse of power. This also helps in reducing the workload on the officials while increasing their expertise in their respective fields. The main reason is that the police quite frequently act beyond the bounds of law, even when the bounds are extended by the ‘black laws’. No matter how many times they get let down they will bring themselves back up as one to make the world a better, safer place. Police abuse of power is a devastating, global issue. A more effective way of presentation should have been devised to reduce oversight of such lapses. Learn how your comment data is processed. A petition was filed in the Supreme Court for the formulation of this law but the apex court observed that the government cannot be compelled to make law through the writ of mandamus as treaty ratification is a political decision and a matter of policy. Police corruption can include receiving stolen goods, extortion, bribery and the sale of drugs. We pledge to continue fighting for greater equality in the criminal justice system. In a horrifying incident on the night of 19th of June 2020, a father and a son, Jayraj and Fenix, in the district of Toothukudi in Tamil Nadu were tortured and ruthlessly beaten up resulting in the mutilation of their body parts[5]. If police officers are abusing their power through corruption, without any regard for human rights and by taking advantage of the law. These abuses in power clearly stands against the ideals of this great nation. Because of the nature of their responsibilities, the police have the power to They were booked under Section 188 (disobedience to order duly promulgated by public servant), Section 353 (use of force to deter public servant from duty), Section 269 (negligent act likely to spread infection of disease dangerous to life) and Section 506(2) (Punishment for criminal intimidation) of the Indian Penal Code. The restoration of a property is liable to punishment the report was large... 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