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Cato Podcast

Scrutinizing Law Enforcement Officers' Bill of (Special) Rights

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 22 July 2020

⏱️ 14 minutes

🧾️ Download transcript

Summary

In many states, law enforcement officers accused of misconduct get special protections from the criminal justice system. Those protections harm efforts to hold police accountable. Cato's Walter Olson explains how it works.

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Transcript

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0:00.0

This is the Kator Daily Podcast for Wednesday, July 22nd, 2020.

0:06.0

I'm Caleb Brown.

0:07.0

Following the police killing of George Floyd in Minneapolis,

0:10.0

it's worth examining what special legal protections police have when they're accused of

0:14.7

misconduct.

0:16.1

In more than a dozen states, laws on the books include a wish list of special privileges

0:20.7

known as the Law Enforcement's Bill of Rights.

0:24.4

Cato's Walter Olson explains how they work and how they often stymie efforts to hold police

0:29.8

accountable.

0:30.8

Walter, when we think about criminal justice and the protections that we have for

0:37.3

criminal justice, it seems that in many states and localities, police have what I can't term as anything else special

0:46.7

rights. When police are accused of misconduct in many parts of the country. They have all sorts of rights that would not be extended to you and I if we were accused of a crime or if we were accused of some misconduct by our employer that was thinking of fire us.

1:05.6

So what do these look like and how widespread are these so-called law enforcement officers

1:11.6

Bill of rights?

1:14.0

About 16 states have law enforcement officers bill of rights and the details vary from one to the

1:20.4

next but some of the typical features are rules on how officers can be

1:26.6

interviewed if they are suspected of misconduct. Often there is a delay, a so-called

1:32.3

cooling off period, really silly term,

1:35.0

in which they can't begin to ask them questions about what went wrong

1:40.0

for five days or ten days after the incident. Now obviously that's not

1:47.2

something that controls ordinary employers and it's not something that

1:50.8

controls ordinary interrogations.

...

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