The research for this Article was supported in part by a grant from the Beaumont Faculty Development Fund, Saint Louis University. Felson, Margaret Mc Dermott, Dan Hasenstab and Mandi Serrone for their assistance in the preparation of this article. Israel, if you want to do something about the police, the answer is not the Supreme Court ...the answer is administrative regulations [or legislative remedies].
He later accepted a plea agreement, which found him guilty of the class one misdemeanor of committing false swearing by making a sworn statement that he believed to be false. n20 Many of the states with the power to impose sanctions are doing so with increasing frequency.
For example, forty officers had their certificates revoked in 1999 compared to one in 1993, two in 1994, and six in 1995.
A few examples from reported federal cases illustrate the problem of terminated officers continuing to work within the criminal justice system.
Donald White was a police officer in the Village of Darien, Wisconsin.
n5 A state agency, typically called a Peace Officer Standards and Training Commission (POST), n6 has the authority to hold hearings and impose sanctions against [*543] police officers n7 that have engaged in serious misconduct as defined in the statute or regulation.
Known as revocation, n8 decertification n9 or cancellation, n10 [*544] this practice has the advantage of insuring that officers cannot continue to practice their profession in the state by suspending or removing state certification.
n1 Citing Chief Justice Warrens opinion in Terry v.
Ohio, n2 Professor Israel noted that the Court cant cure all the problems and suggested that the best, albeit limited, example of non-judicial remedies is Congresss 1994 grant of authority to the U. Department of Justice to bring pattern and practice suits against local police departments.
n23Traditional remedies for police misconduct fail to address the problem caused by the practice of leaving the decision to hire and fire officers up to local sheriffs and chiefs.
This often leads to situations where unfit officers are able to continue to work for a department that is unable or unwilling to terminate them.
As is true for other professions, a sanction short of revocation is often provided.