Comments on: “Police unions produce rules that protect bad actors” https://www.overlawyered.com/2014/08/police-unions-produce-rules-protect-bad-actors/ Chronicling the high cost of our legal system Fri, 19 Dec 2014 21:29:05 +0000 hourly 1 By: Richard https://www.overlawyered.com/2014/08/police-unions-produce-rules-protect-bad-actors/comment-page-1/#comment-300920 Mon, 18 Aug 2014 21:18:39 +0000 http://overlawyered.com/?p=47646#comment-300920 George,

Generally compelled statements cannot be used against the officer in criminal proceedings. Therefore, the public employer may require a statement, but that statement is not available for use by criminal investigators. Of course, such evidence can be used for impeachment but then so can almost any other statement obtained in violation of the witness’ constitutional rights. No reason to treat law enforcement differently.

]]> By: Hugo S. Cunningham https://www.overlawyered.com/2014/08/police-unions-produce-rules-protect-bad-actors/comment-page-1/#comment-300917 Mon, 18 Aug 2014 19:49:01 +0000 http://overlawyered.com/?p=47646#comment-300917 My rather low opinion of police unions would improve if they threatened to refuse to go into racially tense neighborhoods without dashboard cameras and body cameras. But, in a blatant conflict of interest between honest cops and bad apples, I am not sure that the honest cop interests would prevail.

]]> By: DensityDuck https://www.overlawyered.com/2014/08/police-unions-produce-rules-protect-bad-actors/comment-page-1/#comment-300906 Mon, 18 Aug 2014 16:11:41 +0000 http://overlawyered.com/?p=47646#comment-300906 There’s also the guy who pepper-sprayed a bunch of students at UC Davis; the union went to the mattresses to stop him being fired (the issue ended up in trial with a deadlocked jury, after which the President of the UC specifically ordered the firing) and he got $38,000 in workers’ compensation for “bad feelings” stemming from the incident.

]]> By: Walter Olson https://www.overlawyered.com/2014/08/police-unions-produce-rules-protect-bad-actors/comment-page-1/#comment-300863 Mon, 18 Aug 2014 01:38:23 +0000 http://overlawyered.com/?p=47646#comment-300863 Sarcasm is misplaced. The Fifth Amendment provides that no one “shall be compelled in any criminal case to be a witness against himself.” It does not provide that either public or private employees may without fear of job consequences refuse to answer job-related questions from their employers on the grounds that it might tend to incriminate themselves. If the courts were so imprudent as to have interpreted the Fifth Amendment that way the police union wouldn’t have needed to obtain the concession by contract negotiation, and of course its effects would not be merely temporary: the department would be permanently barred from demanding an answer from the officer as to why he shot the citizen.

]]> By: George https://www.overlawyered.com/2014/08/police-unions-produce-rules-protect-bad-actors/comment-page-1/#comment-300859 Mon, 18 Aug 2014 01:23:54 +0000 http://overlawyered.com/?p=47646#comment-300859 Er, there’s that Fifth Amendment thing, isn’t there? Or perhaps I’ve overlooked an exception that applies when police officers are being investigated for a possible crime.

]]> By: Boblipton https://www.overlawyered.com/2014/08/police-unions-produce-rules-protect-bad-actors/comment-page-1/#comment-300847 Sun, 17 Aug 2014 20:20:11 +0000 http://overlawyered.com/?p=47646#comment-300847 All groups that form to protect the rights of their members inevitably wind up protecting the unworthy as well as the worthy.

Bob

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