why can't district attorney charges police brutality

What happens when a district attorney charges someone?

If district attorneys pursue unfounded or inappropriate charges, they encourage the continuation of police misconduct and the abuse of police power. If district attorneys decide to charge people who have been victims of police abuse, profiling, or misconduct, they send a message to law enforcement that this kind of conduct is acceptable. But if they instead hold law enforcement accountable, they send a clear message to police that their office will not stand behind abusive or discriminatory arrests.

What is the role of a district attorney?

District Attorneys are elected positions that can go by various titles depending on the region of the state, but all hold immense power in their roles. They have overwhelming discretion on whether or not charges should be brought against people, including cops.

How many people were killed by police in Texas in 2019?

In 2019, 113 people were killed by cops in the state of Texas, 54 of which were people of color, and in only two cases were charges brought against the police involved – the first was the case of Atatiana Jefferson in Fort Worth, who was fatally shot by a Fort Worth Police Officer inside her mothers’ home, and the second was the case of Patricia Marshall, who’s husband was Harris County Sheriff’s deputy and charged with her murder. About 98% of cases where people were killed by Texas cops in 2019 have gone without charges. Abusive police officers are being under-prosecuted at the hands of district attorneys.

What is the burden of proof requirement for police?

Many district attorneys cite the “burden of proof” requirement that officers intended to use excessive force in their decisions to not press charges, yet even in cases where the event was filmed, whether by body cam footage or phone, the likelihood of charges brought against the police did not increase.

Who is the District Attorney for Harris County?

In Harris County, District Attorney Kim Ogg (D) failed to press charges against the officer involved in the killing of Pamela Shantay Turner, a mentally ill Black woman, who instead was immediately placed on paid administrative leave. The officer involved knew of Pamela’s mental illness since he lived in the same apartment complex as she did, to which her daughter confirmed when she asked Baytown PD directly if they were aware of her mother’s mental illness.

Does the FBI investigate police brutality?

Although the federal government has the jurisdiction to handle cases of police brutality, they often defer to these local prosecutors, meaning few convictions of police brutality are investigated by the FBI. Many district attorneys cite the “burden of proof” requirement that officers intended to use excessive force in their decisions to not press charges, yet even in cases where the event was filmed, whether by body cam footage or phone, the likelihood of charges brought against the police did not increase.

Who is the Turner family attorney?

New evidence in the case has been brought forth since then, and Ben Crump, the Turner family attorney, stated, “We’re going to demand, based on this new information, that the district attorney, Kim Ogg, file charges against this police officer for unnecessary and unjustifiable use of deadly force of unarmed Pam Turner.”

Why do district attorneys decide when to charge someone?

Because district attorneys decide whether or not to charge someone, district attorneys have the ability to define what an appropriate arrest is and how police should behave. They also decide when an arrest leads to criminal charges.

What does the district attorney decide when someone complains about excessive force?

When someone complains about excessive use of force or police misconduct, the district attorney’s office decides whether to ignore that complaint or investigate it as a crime. The district attorney also decides whether charges are brought against an officer.

What does it mean when a district attorney pursues unfounded charges?

When district attorneys pursue unfounded or inappropriate charges, they encourage the continuation of police misconduct and the abuse of police power. When district attorneys charge people who have been victims of police abuse, profiling or misconduct, prosecutors send a message to law enforcement that this kind of conduct is acceptable. But when district attorneys refuse to make pursue those charges, they send a clear message to police that their office will not stand behind abusive or discriminatory arrests.

What is a district attorney?

District attorneys are the top law enforcement officials in each county. Even though the police and sheriffs are organized independently from the DA’s office, they work very closely to respond to alleged crimes. And the police can’t lock anybody into the criminal justice system without the help of a prosecutor. That means DAs can have a lot of influence on and oversight of the police.

What does the ability to charge do?

The ability to charge also gives district attorneys the power to put a check on biases within the justice system based on race, gender, wealth, connections, appearance or other factors. For example, if district attorneys find that police are unfairly targeting a certain group of people, they can decline to charge and jail people whom the police have unfairly arrested. District attorneys can also deny that those biases exist or make disparities even worse by inserting their own bias.