Why aren't cops who kill in self-defense arrested until trial?
If a civilian kills anyone in self-defense, they're arrested until their trial, where they must prove their self-defense case.
If a cop kills in self-defense, they are at worst given a paid vacation.
12 Answers
- ornery and meanLv 72 months ago
If you are asking why police officers are not held in jail until trial there are several very good reasons for not holding them.
The state must see to the security of persons held awaiting trial, and tossing a cop into general population at a jail where persons he or she might have arrested would certainly endanger their lives. releasing them on bond or even on recognizance is less of a drain on resources at the jail.
There are other reasons, like an officer's strong ties to the community, lack of previous criminal record, their ability to get strong letter of support from officers of the court, etc.
In the end it's more efficient to assign them desk duty (where they can be closely monitored) and get some work out of them until their trial date.
- Anonymous2 months ago
Police officers who are involved in police-related shootings are dealt with in various ways, depending on what the evidence shows. Sometimes they are fired, sometimes they are put on restricted duty, and sometimes they're arrested. It depends on the circumstances and evidence. They are certainly not given a "paid vacation".
- Anonymous2 months ago
You're comparing apples to oranges. Part of the job of being a cop is putting oneself in dangerous situations and shooting people if necessary. So there's sort of a privilege and exemption for being a government employee whose job is to maintain law and order. If cops were arrested every time they shot someone, it wouldn't be very practical and they wouldn't be able to do their job properly. The same isn't true for non-cops.
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- James BlackleyLv 72 months ago
This makes no sense-
There has to be charges laid/arrested before a trial can consume! So, if an officer is arrested for murder, its done before a trial, not during or after... I really don't think you grasp things.
Cops are subjected to the same laws civilians are, they don't have any special rights that the rest of us don't have. If an officer kills in self defense, they are still arrested, and the onus is on their defense attorney(s) to prove that there were grounds to believe self defense existed.
- ?Lv 72 months ago
TBH I've never heard of a self defense case where the person was arrested and held without bail. In most cases that's determined pretty much on the scene or shortly thereafter.
- Anonymous2 months ago
Any criminal defendant must be arrested before court proceedings can take place. Every defendant is arrested, then arraigned in court. At arraignment, the judge will either set bail, release the defendant on their own recognizance (ROR), or remand them without bail to the county jail. Most cops are either given ROR or low bail, but some are remanded until trial. They are usually not considered a flight risk. Civilians often get released on bail as well. It all depends on whether they are considered a flight risk, the seriousness of the charges, past criminal record, and if the defendant might be a danger to the community or his victims. It definitely bothers me that cops who commit crimes are rarely punished the way anyone else would be. The people who enforce the laws should be held to the highest standards. Nobody should ever be above the law.
- No BozosLv 72 months ago
Because officers of the law are trusted public servants that are sworn and trained to uphold the law.
One more thing, my ignorant friend. Being arrested is being processed into the system, it isn't a final judgement. A police officer doesn't need to be processed into the system. They are already processed into the system. The municipality already knows who they are and their entire background. So, all that's left is to investigate the incident.
So, they are given a "paid vacation". They are taken out of active duty to ensure that they didn't break the law or policy, and given a chance to defend their actions.
- Anonymous2 months ago
Because law enforcement officers have more rights than citizens,