Police Rarely Criminally Charged for On-Duty Shootings
Research Shows 41 Officers Were Charged With Murder or Manslaughter for On-Duty Shootings Over 7 Years
By ZUSHA ELINSON And JOE PALAZZOLO
Nov. 24, 2014 7:22 p.m. ET
Police are rarely charged criminally for on-duty shootings, but law-enforcement officials and critics differ on whether this should be the case.
New research by a Bowling Green State University criminologist shows that 41 officers in the U.S. were charged with either murder or manslaughter in connection with on-duty shootings over a seven-year period ending in 2011. Over that same period, the Federal Bureau of Investigation reported 2,718
justified homicides by law enforcement, an incomplete count, according to experts.
“It’s very rare that an officer gets charged with a homicide offense resulting from their on-duty conduct even though people are killed on a fairly regular basis,” said Philip Stinson, an assistant professor of criminal justice at Bowling Green who received a federal grant to study arrests of police officers. The study covers more than 6,700 cases of police officers arrested for any crime across all states.
Late Monday, St. Louis County Prosecuting Attorney Robert McCulloch announced that a grand jury declined to indict police officer Darren Wilson in the Aug. 9 shooting of unarmed black teenager Michael Brown in the St. Louis suburb of Ferguson.
Police say there is a reason so few officers are charged.
“The reason is because it’s usually justified,” said William Johnson, executive director of the National Association of Police Organizations. “Basically, that the officer acted in self-defense or the defense of another person.”
But critics say there are harms if officers aren’t charged when there is sufficient evidence.
“It’s one factor that enters into the perception of African Americans that the police are not on their side,” said Samuel Walker, a professor emeritus of criminal justice at University of Nebraska. “Shootings are really the tip of that iceberg, and all of that is where the anger came from in Ferguson.”
When police officers are charged, they are convicted at a lower rate than people in the general populace, according to a study by the Cato Institute.
The think tank’s researchers tracked allegations of misconduct involving nearly 11,000 police officers in the U.S. from April 2009 through December 2010. They found that 3,238 of those cases resulted in criminal charges, and 1,063—or 33% of those charged criminally—resulted in convictions. In felony cases against the general public in 2009 in the country’s 75 largest counties, 66% were convicted, according to the Justice Department’s research arm, the Bureau of Justice Statistics.
“Juries and trial court judges are seemingly reluctant to convict in criminal court an officer whose crimes rose out of an on-duty incident that occurred as part of their job,” said Dr. Stinson, whose research also shows lower conviction rates for police officers.
Particularly in police shootings, juries tend to side with officers who argue self-defense, said Maki Haberfeld, professor and chairwoman of the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice in New York.
“Use of force doesn’t look pretty when people look at it, especially deadly use of force,” said Dr. Haberfeld. “But when you sit down as a jury and you are presented step by step with what happened, then any reasonable person understands that officer probably demonstrated a lot of restraint before pulling the trigger on the gun.”
There is no authoritative tally of police shootings or findings of excessive force, criminal justice experts said. Federal statistics on justifiable homicides by police, or sanctioned killings, are incomplete. States aren’t required to report such information to the FBI, and some, including New York, report none at all. The FBI data show an average of 393 justifiable homicides a year between 2005 and 2010.
In the aftermath of the police beating of Rodney King in 1991 and the subsequent Los Angeles riots a year later, Congress directed the attorney general to collect data on excessive force by police and publish annual statistics, as part of the Violent Crime Control and Law Enforcement Act of 1994. But, again, a lack of participation by state and local agencies has hobbled efforts.
The Bureau of Justice Statistics found that large state and local law-enforcement agencies received more than 26,000 complaints about police use of force in 2002, the most recent year studied.
The sample represented about 5% of all police departments. About a third of the complaints of excessive force were thrown out due to insufficient evidence. Another 25% were deemed unfounded, and 23% resulted in exonerations, meaning an incident occurred but the officer’s action was pronounced lawful. Eight percent of the complaints led to disciplinary action.
A Justice Department survey of roughly 60,000 people given in 2008 found that less than 2% of those who reported contact with police in the previous year said they had force used or threatened against them. A majority of those said they felt it was excessive.