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Overkill Is The Punishment Du Jour For Police Officers

Badge145 Staff
#police accountability#use of force#criminal justice#police ethics#officer discipline

Video Overkill: Is it the Punishment Du Jour for Police Officers?

It appears that overkill is becoming the punishment of choice for police officers in many jurisdictions. This trend seems to be happening with increasing frequency, much to the dismay of law enforcement professionals striving to maintain order and uphold the law.

An example of this is the recent case of an officer arrested for “slapping a handcuffed suspect on the head following a foot pursuit.” This incident, and the subsequent charges, sparked considerable debate and concern within the law enforcement community. While not excusing the officer’s behavior, it’s important to consider the context and potential consequences.

The Case of Officer Schlieben

Kevin Schlieben, a 35-year-old officer, was charged with third-degree assault and battery. He appeared before a judge and was released on his own recognizance. Prior to this incident, Schlieben had been recognized as “Police Officer of the Year” by the local Knights of Columbus in 2014. Now, his professional life is in jeopardy, and he faces a personal crisis that seemed unlikely just a short time ago.

Is this truly “holding police accountable,” or is it an example of overkill that turns good people into sacrificial lambs? Actions that were once addressed through civil processes are now increasingly being pushed into criminal court. While forming definitive opinions without all the facts is difficult, we can draw general conclusions based on experience in law enforcement.

Known Details of the Incident

The publicly available details are as follows: Schlieben and his partner stopped Rashad Robinson, 37, for suspicious behavior. Robinson was reportedly checking door handles on parked vehicles. Robinson has a lengthy criminal history with 31 prior arrests. Given these circumstances, it’s reasonable to assume that Robinson is an opportunist looking to steal anything of value. When the officers initiated a legal detention, Robinson attempted to flee.

During the ensuing foot pursuit, officers apprehended Robinson. A “struggle” ensued as the officers took him into custody. Despite being handcuffed, Schlieben allegedly slapped Robinson on the head with an open palm. The force of the slap is unknown, and there are no reports of Robinson sustaining any injuries beyond a bruised ego. However, both Schlieben and his partner sustained injuries during the foot chase and struggle, although the specific nature of their injuries was not disclosed.

Police Officers Are Not Robots

Press reports often omit the emotional element involved in arrests of this nature. While the head slap is not condoned, it’s crucial to remember that police officers are not robots. They are human beings who are often placed in highly charged, emotional situations. While maintaining professionalism is paramount, we cannot expect them to be devoid of emotion.

Context is Key

Context is essential when determining appropriate punishment. Similar cases handled during internal affairs investigations often resulted in written reprimands or brief suspensions without pay. While societal expectations have evolved, it’s important to ensure that the punishment fits the crime, unless the officer engaged in excessive force.

Consider the following: If this scenario played out in a movie, the audience would likely approve of the officer’s actions. In athletics, penalties for “unnecessary roughness” or “unsportsmanlike conduct” are typically commensurate with the offense. Furthermore, fist fights in hockey rarely result in criminal prosecution. Yet, police officers are increasingly facing criminal charges for actions taken during the course of their duties.

It’s a paradox that society seems to extend more grace and forgiveness to those involved in criminal activity, while simultaneously holding law enforcement to an increasingly higher standard. Penalties for property crimes are being reduced, narcotic offenses are being decriminalized, and progressive ideologies support releasing offenders from prison. Meanwhile, officers are losing their jobs over old Facebook posts or facing criminal prosecution for minor infractions.

Sheepdogs as Sacrificial Lambs

Under the guise of “transparency,” sheepdogs are becoming sacrificial lambs. It is wrong for police leaders to abandon good officers who make mistakes. Courageous leaders understand the difference between a necessary course correction and abandoning ship.

Charleston Chief Luther Reynolds stated, “We want to make sure we’re an organization of integrity, that we’re reviewing these incidents and having the right outcomes.” However, prosecuting officers for minor offenses seems to be the wrong outcome. Professional athletes are not prosecuted for far worse cases of battery, nor are they fired from their professions.

Police officers must be held to a higher standard, but societal expectations must also be realistic. Investigations are necessary to maintain professionalism, and appropriate punishment is essential for good order. However, supporting officers means offering reasonable discipline that fits the misconduct. Throwing an officer to the wolves for a petty offense is not support; it’s overkill.

— Jim McNeff

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