New Bill To Allow Police Misconduct Be Hidden From Public

[kpete]

New Bill To Allow Police Misconduct Be Hidden From Public
Written by: Jonny Glines

Bill To Seal Police Misconduct Records

A new bill proposed at the legislature would allow for police to withhold misconduct reports from the public. Supporters of the bill believe that police misconduct should be kept secret from the public so to not discredit police testimony. Others say that a forthright police unit is essential to the community.

In September, Jared Massey was zapped with a taser by Trooper John Gardner. A video of the incident was recorded from Gardner’s patrol car. Gardner can be seen shocking Massey until he hits the ground while Massey’s wife screams from the side of their SUV.

More than a million people watched the video on “YouTube.” Massey was shocked to see his new found fame. The footage may have never been seen had Massey not made a records request to obtain the tape.

Currently, misconduct reports are available in Utah with an official records request. Under the bill SB260, sponsored by Senator Chris Buttars, the video and investigation report from Massey’s tazering might have been kept secret from the public and journalists.

more at:
http://www.kutv.com/content/news/local/story.aspx?content_id=49094c36-ec83-4306-954a-eca063c62693

[bryant69]

1. It is an interesting question

I mean I think there is something to be said about "civilians" being overly critical of people doing a hard job that they don't understand and don't want to do themselves.

That said there's also something to be said for police accountability; the ability to wear a badge doesn't absolve on of all responsibility.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[Solon]

5. The police work for the citizens, not the other way around...

we pay their salaries, and they should be accountable for their actions against us, when they abuse power. They are given the power to enforce our laws, and should be held to a higher standard than the citizens they are hired to protect and SERVE.

[bryant69]

6. OK but isn't it a lot easier for us to sit back in our comfortable chairs

and criticize them without really being there or understanding what is going on? And are such criticisms always fair?

Bryant

[Recursion]

7. The crime rate among police is slightly higher than among the population at large

People tend to ignore that inconvenient truth...

[bryant69]

9. ok - i'm not sure I see the significance. If a cop commits a crime than he should be

tried for that crime - i thought we were talking about actions taken in the line of duty?

Bryant

[YankmeCrankme]

10. How about when they commit a crime in the line of duty?

If this bill passes you won't be able to redress their misconduct or criminal actions. How is that fair for the population at large?

Public oversight is the only way to control or reduce the misuse of power.

[sepulveda]

16. false

the bill addresses misconduct, as in internal dept. discipline procedures.

criminal results are not affected by the bill.

so, you would still be able to access the CRIMINAL ACTIONS, just not the administrative ones

the current law (in most jurisdictions) allows disclosure of all sustained complaints. those complaints are not criminal, although in some cases, there may be a parallel criminal action

non-sustained and exonerated complaints are generally not accessible by the public.

[Solon]

20. There is still a question of transparency...

Police Departments are public institutions, established to maintain law and order for the public good, as such all information regarding police conduct in the line of duty should be accessible to the public.

[sepulveda]

22. i agree with that

i;m not saying internal sustained complaints should not be publically accessible. i think they SHOULD.

i am saying that the claim was false that this bill would limit access to CRIMINAL actions against police officers. that claim is false.

fwiw, a big part of the push to rescind access to misconduct claims comes from police unions. labor will of course oppose disclosure.

[Recursion]

11. Yankme said it well

The larger point is that while police are a necessary evil, the notion of trusting them by default is a dangerous one.

[bryant69]

12. Distrusting by default seems equally problemattic

I think they should be watched over; but I'm concerned about the unintended consequences of this law.

Bryant

[Solon]

13. Distrusting any authority figure is generally considered healthy...

In a democratic society, we must remain vigilant against threats to our liberties.

[bryant69]

14. So do you think honest people should avoid being police officers? or what?

If police officers are a threat to our liberty should we shut them down?

[Solon]

19. Not at all...

What I'm saying is that power corrupts, and police have more power than civilians. As such those civilians should exercise caution when dealing with police, and be made aware of their own rights and look out for violations of those rights by police. We shouldn't be automatically deferential to the police, for that is one way we can be lead into tyranny.

[liberal4truth]

28. Thanks! Those are true words that every Amercian should heed well.

[ArbustoBuster]

27. All criticisms of power are fair.

Power must always be criticized (in the sense that power must be inspected and that it must be forced to defend its actions). For the public to do otherwise is to invite exactly the sort of governance that the Bush misadministration is attempting to enact.

[liberal4truth]

29. Should and do are two different meanings these days with law-enforcement.

If history teaches us anything its that this situtation will only get worse,
not better, as time marches on.

[JustABozoOnThisBus]

17. Police ARE "civilians"

even though they want to look all "terrist para military" with swat costumes.

The uniforms are not Army, Air Force, Navy, Marines, or Coast Guard. That makes them "civilians". They just don't like being thought of as "civilians".

[Solon]

21. That's true...

I think people, such as myself, are using it as simply a way to divide regular citizens from those with more power. Otherwise our choice of words become somewhat unwieldy.

[JustABozoOnThisBus]

23. I understand, but words like that

imbue them with more power than they have or deserve. They are supposed to be "of the people", not "above the people".

Just a pet peeve of mine. not a big deal.

[Wizard777]

24. That's partially true. They are paramilitary. That's civillians organized in a military fashion.

If you don't believe me ask a Captain, Lt., or Sgt. When you add the oath and uniform to the rank. You could begin to make an arguement that they are military.

[liberal N proud]

2. Who needs oversight in a police state?

:sarcasm:

[Preston120]

3. Police Misconduct?

In a Fascist society their is no such thing as Police
Misconduct.  When Hitler took power, he stuffed the ballot
boxes, controlled the "free" press, and gave up
scapegoats. Who was it who said "History repeats
itself."?

[midnight]

4. I talked to an attorney about an incident that I believed needed

attention, and he said he can't call the police liers. So my thought is what do you call police who aren't telling the truth?

[liberal4truth]

30. You call a lying policeman/woman a "perjurer", that's what.

And it goes on all the time in courts all over America, particualrly
when there are no witnesses to speak up for the person being accused
of a crime.

A very sad situtation to be sure, but as long as police are allowed to skate on
perjury charges, it will continue unabated.

[zanne]

8. Is this a Utah legislative matter or a national one? nt

[HCE SuiGeneris]

15. So... any video taken of illegal cop activity could be summarily dismissed,

and/or confiscated? Wow. We need this law badly!

The critters that introduced this legislation need to be exposed and harangued.

[liberal4truth]

31. The police aready "lose" in-car video recordings, if they might exonerate the defendant.

Nothing new there as it happens all the time in this nation.

Its not about enforcing the law, as much as it's about making arrests and of course making $$$ for
the Law-enforcement/incareration industry, where the poor are the primary targets, of course.

[VP505]

18. Now there is one bill

that citizens need to oppose vigorously, hiding misconduct incidents will only lead to more heinous acts being committed. Its already very difficult for victims of police misconduct to get the justice they deserve, this would only benefit criminals with a badge rather than the citizens they are hired and paid to serve.

[Wizard777]

25. Why isn't this jury tampering? They are unduly trying to influence the decission of juries. n/t

[Festivito]

26. I can then argue any officer as bad since they all hide their misconduct.

LAWYER: Officer. Your department hides all misconduct reports?

OFFICER: We do only what is legal.

LAWYER: So, we would not have proof that you personally might have been involved in police misconduct?

OFFICER: We do nothing illegal.

LAWYER: NO FURTHER QUESTIONS.