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"Ken Lang is the real deal, a cop with chops!"
-Julia Spencer-Fleming, New York Times Bestselling Author

Monday, May 22, 2017

HAS PC GONE TOO FAR IN POLICE AGENCIES?

Just some weeks ago the Seattle Police Department announced they would no longer be calling offenders as 'suspects' in their police reports and would now be referring to these individuals as 'community members.' You can read more about the story here.

Has political correctness (PC) finally gone too far?

I say 'yes'! Especially when it comes to our police agencies. 

Without question, our police are required to be upstanding citizens who are will to be held accountable for their actions to a higher standard than your average citizen. Officers are also required to take an oath to uphold and defend the Constitution as it pertains to the citizens they serve. However, political correctness has the tendency to fluctuate with trends, and this could potentially bring about favoritism towards one group over another.

What happens when a targeted group is in favor or is the fad?

Will the police hesitate to enforce the law equitably, using ‘police discretion’ as a crutch?

What happens when that same group falls out of favor?

Will the police then enforce the law overbearingly against them?

While this aspect of PC seems trivial to some, it does raise the issue of validity with regards to impartially enforcing the laws of our states and nation. It is plausible that an officer, who may be considering a ‘community member’ as a suspect in a crime they are investigating, could hesitate in taking appropriate investigative measures to determine if, in fact, the subject is the actual offender.

Such inequities already occur nationwide when people of notoriety or prestige are suspect of crimes.

For example, while serving as an officer, I was privy to a case where a City Council representative neglected to watch their toddler grandchild. After realizing that they had not seen the youngster for some time, they found their grandchild floating dead in the unsecured backyard swimming pool. While any average citizen would have been charged with child neglect under the state statutes, this City Council rep was not, the police calling the incident an ‘unfortunate accident.' At the time, it was politically incorrect to think of such esteemed persons as suspects and offenders.   

Merriam-Webster’s (2017) dictionary defines a suspect as: “regarded or deserving to be regarded with suspicion.” Notice this definition does not indicate that a suspect is a perpetrator or offender. It merely shows that the person is under suspicion. Suspect is exactly what they are if police are considering the individual as a person possibly responsible for the crime.

Another contingency concerning the issue of changing this terminology stems from the protocol of court procedures. The investigating officer needs to carefully weigh at what juncture during the investigation the subject becomes a suspect, and then the perpetrator, during a criminal investigation with an identified offender. During trials I was often asked by defense counsel, “Detective, at what point in the investigation did you consider my client a suspect?

Clarity of the individual’s role in the investigation becomes inherently important as individual rights may automatically attach to the suspect at certain points in any given investigation to include the need for Miranda in given statements and search warrants for seeking evidence.

For example, let’s say an officer is investigating a burglary in the neighborhood where the suspect broke out a rear basement window to gain entry into the house. The officer, who may be privy to information that a convicted burglar was recently released back into the community following a jail sentence, where the subject’s m.o. is kicking out basement windows to gain entry. The officer has no physical evidence to establish probable cause to charge the suspect, but would logically suspect them of the crime until further information put the suspect in or out of the offense.

If later that same day of taking the report the officer saw the suspect walking down the street in the neighborhood and stopped them to ask questions, a host of rights may attach to the suspect. The courts would wrangle over whether or not the officer’s actions were a stop or detention, which would dictate if and when Miranda rights would attach.

Imagine the officer having such an encounter with the suspect on the street. Here are two possible ways documenting the encounter in a police report narrative could occur:

“While on patrol, this officer observed community member Danny Dirtball* walking in the neighborhood and spoke with him about the recent burglary.”

or

“While on patrol, this officer observed suspect Danny Dirtball* walking in the neighborhood and spoke with him about the recent burglary.”
  
The former example sounds like a casual encounter and conversation between an officer and a law-abiding citizen. Where, the latter gives notice to other officers, supervisors, attorneys, juries, and judges, who are reading the report, that the subject is a suspect, and that in determining whether Constitutional rights were applicable in the given instance due consideration needs to be considered.

PC has indeed become a way of life for many in our society. I understand the need for one to choose their words as so not to offend others. I would expect this courtesy extended to me. However, I believe that exercising PC in regards to re-framing the nomenclature of suspects softens one's perception of an individual and their involvement in criminal activity to a point where Constitutional rights may be overlooked or denied.

The Seattle Police Department should give this idea more thought before implementing it into practice.

*Danny Dirtball is a fictitious name used for the example.

References:

Merriam-Webster (2017). Suspect. Retrieved from


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