Why are cops put on "administrative leave" when anyone else would be put on trial?

[Cyrano]

Over the past few months, we've seen countless videos of cops committing (at a minimum) assault and battery against peaceful protesters. The most recent and most despicable one is that cop who thought he was in the pest control business, spraying roaches who refused to scurry away.

When did the laws of the land stop applying to criminal activities by cops? The whole world is now witnessing "American justice" and it's become apparent that "American justice" doesn't exist.

In a few rare cases, cops have been fired. But most of the time, the "administrative leave" part is the last we ever hear about these criminals.

The reality is that the mask has been pulled away from the powers that be. The brutality they sanction is right out there in the open for everyone to witness. And they don't seem to give a damn.

My guess is that they're waiting for the peasants to give up and go home. But it ain't gonna happen this time. And those in power are scared shitless.

[Juneboarder]

1. Just watched Naomi Klein speak

and I agree with her. This is all part of the blueprint for fascism to take over. Welcome to fascist America; where we're all here simply to support the top 0.01%.

[ThomWV]

25. Its not a blueprint for fascist takeover, its an example of fascist takeover.

[Juneboarder]

27. Not according to NK

There are 10 key things that will occur in creating a fascist state.

Here is a link to the speech I watched, and note this was from 2007 (not last month): http://www.youtube.com/watch?v=9f0sBA61L0Y

[Vincardog]

2. If the cops were held liable for their criminal acts, no one would want to be a cop. Where

would that leave the economic royals?
Do you think they would be able to impose their wills without the police state to enable them?

[teddy51]

3. And to add insult to injury most of the time it's paid Administrative leave as well. n/t

[Cyrano]

5. Yep. And it's their victims that are footing the bill for that "paid administrave leave."

[musiclawyer]

4. Pressure the local DA

That's where the action is. Criminal action
The cops are civil service. Their civil pre and post discipline procedural due process protections could result in any discipline not being finalized for months if not years
The DA can get these guys criminally in no time DAs don't like pickets. They are elected officials

[Xithras]

6. It's a fairly standard part of public employee contracts.

Police, teachers, office staff, it doesn't matter. It's a fairly universal concession. My boss doesn't have the power to fire me, period.

If I did something that my superior objected to, here's the process to get rid of me: 1) She would place me on paid administrative leave, which would ban me from the property. 2) She would convene the disciplinary board (which contains representatives from our classified and certificated staff, as well as management). 3) A hearing would be held in front of the disciplinary board. She can make her case for my termination, and directly suggest my firing, to that board. 4) I get to defend myself to that board, with union representation and my lawyer, if I choose. 5) The board gets to determine my fate. If they want to fire me, they fire me. If they want to impose some other sanction (mandatory training, temporary suspension without pay, etc), they can do so. If they choose to simply punish me, then I WILL go back to work, even though my boss wanted me gone.

There's one big caveat with all of this, that's relevant to the recent incidents as well. If the suspension is related to a criminal matter that I'm charged for, then the whole hearing process is placed on hold until the end of the criminal trial. In essence, if I'm charged, I'll collect a paycheck until the trial ends. If I'm convicted of a felony, that is treated as de facto guilt to the disciplinary board, and they can simply terminate me without a formal hearing. If I'm convicted of a misdemeanor, the board will convene to determine my fate, and my conviction can be used as evidence against me.

Why the caveat? Simple. There have been cases in the past where public employees have been charged with wrongdoing and fired. If the public employee is later found innocent of the charges, they can take that court finding and sue their former employer for wrongful termination (and win, 99% of the time).

The details are different for law enforcement, but the basic concepts are the same. They get hearings, representation, and the ability to defend themselves. Their "judges", which include their own peers, get to determine how to punish them. It's a far fairer and less autocratic system than most workers get to deal with.

[Cyrano]

If a teacher was caught on tape hitting a student ove the head with

a baton, he or she would be waiting out hearings, procedures, etc., from behind bars.

[Xithras]

14. Sometimes.

Ultimately that's the DA's call.

Remember, the District Attorney is usually an elected position. If you feel that these people aren't being prosecuted, bring it up during the next election.

It's important to remember something though: If I were caught hitting a student over the head with a baton, I'd be an employee and collect a paycheck until my trial was over. Assuming that I get one, of course. I know of more than once case where teachers have physically assaulted students, and were never charged. They've usually been fired, but more often than not, they weren't tried criminally.

[kctim]

7. To investigate

whether the cop broke a law or not.

[Cyrano]

8. If they had you on tape pepper spraying a group of non-resisting people

it would be many years before you would see the world without prison bars obstructing your view.

[jberryhill]

16. And it would be quite some time until your trial

During which time, you would be free on bail.

[kctim]

37. Not if

it was an approved alternative to physical contact with those who knowingly break and refuse to comply with the law.

[Capitalocracy]

40. Pepper spray is a weapon. Weapons are used in cases of active resistance.

Passive resistance does not justify the use of a weapon.

[ProdigalJunkMail]

9. similar question yesterday

but I am willing to bet that it is part of the union disciplinary process. If he belongs to a union, they likely cannot fire him or otherwise discipline him until an investigation is done...it is fairly common.

sP

[whistler162]

10. Sorry but he is probably

a member of a union and you know how tight arsed they are about allowing members be fired without a investigation!

Maybe getting rid of the unions would satisfy you<SARCASM>???

[Sheepshank]

11. Really, this type of hysterical thinking is just dumb.

Think it through.

First, Unions...as already mentioned......has an impact on how these things are handled.

And second, cops as you know, are given some responsibilities that put them generally in many more compromissing situations that the regular folks. Given their job, their tasks, their legally approved acts, the same procedures and protocals must be applied every time something like this happens, to every cop. Arbitrary enforcement of rules just won't fly. Imagine if a cop had decided to shoot and kill Gabby Giffords shooter, in some sort of gun fire exchange...should he be in a court of law, or are there internal policies and legal processes to review certain actions?

That being said, the video will likley be used against the UC cop and will not be in his favor.

[Cyrano]

13. Excuse me for my "hysterical thinking."

However, will this country ever stop the "equal justice for all" bullshit?

Oh, sorry, I guess I'm hysterical again.

[kiva]

24. Equal justice for all includes

presumed innocence until proven guilty. Are you suggesting that we reverse that?

[Sheepshank]

32. ok..scrub hysterical is it bothers you....how about overtly emotional? n/t

[EFerrari]

18. It's not hysterical to expect LEOs to be accountable to the law.

In fact, isn't it a condition of their employment? Yes, it is.

[Sheepshank]

31. the premis of the op is to make arbitrary decision on how the law is enforced

and in what order they are enforced. All I'm trying to say is that protocal is in place and already meets some sort of legal muster. In order not to get the case thrown out of court, or mishandled, the same protocal applies every time something like this happens...not determined on a case by case basis.

[jberryhill]

36. It's the "viral video" exception to due process

[Sheepshank]

38. lol...certainly it may prove difficult to disprove that evidence

isn't there a term for that type of hard evidence?

So the person reviewing the evidence needs to be supplied with the evidence, given a chance to review it. The reviewer needs to interview all the people involved and witnesses to make sound findings of all evidence before during and after the event etc. Presumambly this is what is happening during the administrative leave process. Someone takes on that repsonsibility...notthe nedia and not a DU poster.

[Johonny]

12. well a member of the Bush administration would have gotten the medal of freedom

CEOs get golden parachutes

so administrative leave is punishment compared to some :)

[jberryhill]

15. Most people do not "go to trial"

Most people are investigated, indicted, arraigned, released on bail, and are free pending trial.

All of these steps take time with anyone.

Your problem is comparing the situation to one that exists only in your imagination.

And, oh yeah, most people shouldn't lose their jobs until they've been convicted of something.

[timtom]

17. So they can do an "investigation"

which is not the same as investigation .

[Nye Bevan]

19. Because they are in a strong, effective union (nt)

[riderinthestorm]

30. Yup, unions. All employees should be so lucky to have this type of protection

While the LEO blatantly appears to be transgressing, his union membership ensures he gets a fair hearing before he's canned.

I agree with that.

[The Velveteen Ocelot]

20. I'm sure it's in their union contract.

It doesn't mean they can't be tried for criminal acts - only that, by the terms of the contract negotiated by their union, they can't be fired - yet. This is pretty normal for union employees, public or private. Since we have all been supporting union workers, shouldn't we support the rights of these police officers as set out in their contract? Yes, what they did was reprehensible, but the contract still controls what happens to them with respect to their jobs. Criminal prosecution is an entirely separate matter.

[Sirveri]

21. Correction: PAID administrative leave.

That's the worst part, this guy gets a paid vacation, whereas we'd get tossed in jail (and then lose our jobs the next day).

[jeff47]

23. Yes, and that's one reason for you to join a union, if one is available. (nt)

[Sirveri]

29. Ehhh... you're probably right, got my blood boiling, not good for objectivity.

[Fire Walk With Me]

22. Same reason bankers aren't all in maximum security jail cells.

"He who has the gold, makes the rules."

[GentryDixon]

26. It is called being supported by a Union.

You must take the good with the bad. It just takes longer to arbitrate disputes with unionized workers.

I for one am glad we have the union looking out for the 99%. Even persons not covered by unions have benefited from union negotiations with the corporations.

[treestar]

28. Totally different thing

Both things can happen and they are on separate tracks.

[HappyMe]

33. In the small city in WI where I used to live

they put a cop on admin leave while they did an investigation. Eventually he was fired and charges were brought against him.

[ileus]

34. because most of them are in a union, you can't just fire them that easily.

That's why they have a union...

[Sheepshank]

35. One other thing.....while the criminal aspect of the investigation is being conducted

there is NOTHING that stops the victim from filing a civil complaint. ALthough most will wait until the criminal courts are done to help bolster their case and provide evidence. If the cop was found to be performing these acts within the scope of his duties, he may not be found criminally liable, and his employer often ends up defending him in civil court too. Think OJ, criminal case lost, but the civil case won.

[Dawson Leery]

39. Police keep the status quo. People in this position are allowed

to do what is needed to keep the status quo.