The legal reality is that police are not obligated to protect individuals, as highlighted by court cases where police were sued for failing to intervene and protect people.
The lack of comprehensive laws defining police duties and the reliance on internal regulations and interpretations leave individuals questioning who is responsible for their safety and whether the police can be relied upon for protection.
Deep dives
The Role of Police and Their Duty to Protect
The podcast episode explores the question of what is the role of the police and whether they have a duty to protect individuals. While the common belief is that police are there to protect and serve, the legal reality is that they are not obligated to protect individuals. This becomes evident when looking at court cases where the police were sued for failing to intervene and protect people. In one case, a man named Joe Lizito was brutally attacked on a subway, and even though police were present on the train, they did not intervene or protect him. The court dismissed his case, stating that the police did not have a legal duty to protect him. Similar cases highlight that the police's job is to enforce the law, but protecting individuals is not their legal obligation.
The Four Criteria for a Special Relationship with the Police
To hold the police accountable for their duty to protect, certain criteria need to be met to establish a special relationship. These criteria include direct contact between the person seeking protection and the police, a promise of protection made by the police, knowledge by the police that inaction would lead to harm, and the person justifiably relying on the police for protection. Meeting all of these criteria is extremely difficult, and very few individuals are able to establish a special relationship with the police that would require them to provide protection. This raises questions about who is ultimately responsible for the safety and well-being of individuals if the police cannot be relied upon.
The Lack of Comprehensive Laws Defining Police Duties
One of the fundamental problems surrounding the police's duty to protect is the lack of comprehensive laws defining their duties. Unlike other areas of government that have clear regulations and statutes, the police operate in a vague legal landscape. There is a lack of comprehensive codes of police conduct, making it difficult to hold them accountable. While there are ethics guidelines and mottos like 'protect and serve,' these do not have the force of law. The absence of clear laws and regulations for the police leaves courts to interpret their responsibilities, leading to inconsistent outcomes and limited accountability.
The Consequences and Questions Surrounding Police Duty
The absence of a clear legal duty for the police to protect individuals raises significant questions and concerns. It challenges the commonly held belief that the police are present to protect and serve. It also highlights a lack of democratic control over their role and responsibilities. The current system relies on internal regulations, code of ethics, and internal understanding within police departments, which can vary widely. The courts are left to interpret vague legal obligations, resulting in inconsistent outcomes. This gap in defining police duties leaves individuals questioning who is responsible for their safety and whether the police can be relied upon for protection.
Since the massacre that took the lives of 19 schoolchildren in Uvalde, Texas, people across the world began to ask versions of one question: why did police wait outside the door instead of protecting the kids?
It's not the first time this question has come up. Two years ago, as she watched police respond to the protests that followed the death of George Floyd, Producer B.A. Parker wondered: what are police for? With the help of our Producer Sarah Qari, she found that the United States’ Supreme Court had given this a most consequential and bewildering answer.
We decided to re-air this episode to shed light on how a case from 2005 upended our assumptions about the role police are meant to play in our lives.
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