x
Breaking News
More () »

Why police-involved shootings are likely to be ruled 'justified'

"I have been here for 28 years and I have never seen a police officer in a police-involved shooting charged."

JACKSONVILLE, Fla. — Each year, around 900 to 1,000 people are shot and killed by police in the United States, according to a Bowling Green University Criminal Justice study.

These shootings have become the angst in communities across the country.

Most, if not all, are ruled justified. Why?

Recently, the State Attorney's Office released a list of names from 2018 to the present of those who were shot by police. The 14 shootings involved a Jacksonville Sheriff's Officer. All of the shootings, including eight fatal, were ruled justified.

"We are disappointed, but not surprised," said Michael Sampson with Jax Community Action Committee. They have seen the angst these shootings created in communities and for the past three years, they have been working to make a change.

"Our hope in this time that we can finally get some legislation on a statewide level," he said.

Sampson said they are supporting lawmakers who are willing to amend what he calls the law enforcement bill of rights. He said there are also protections in FOP contracts for members that make it difficult to charge police officers for misconduct.

"This layer of due process even inhibits the sheriff or state attorney from doing what they want to with officers who have committed misconduct," said Sampson.

Former Federal prosecutor Curtis Fallgatter said in his 17 years fighting corruption, he has only seen one case where a law enforcement officer was convicted. And the evidence came out of a civil rights violation case. 

"It is always a little bit more complicated than it seems," said Fallgatter.

In law, it is the burden of proof: did the officer cross the line, or was he doing his job?

"The police officer is entitled to carry guns, they are entitled to use force and we expect them to do that," said Fallgatter.

And that, in itself, creates a high threshold of proving wrong over right.

"The prosecutor has to convince a jury that on this occasion, when that officer used the force, he is entitled to employ; he did so in a criminal fashion that again creates a much higher burden of proof," he said.

Richard Kuritz is a former state prosecutor.

"I have been here for 28 years and I have never seen a police officer in a police-involved shooting charged," said Kuritz.

Kuritz said not only are convictions rare but arrests are rare. He said perhaps it is because training them better and or the state attorney doing a better job evaluating each case.

He acknowledged there is a level of protection in the law for all citizens but it goes up when you are a police officer.

"Police officers have to make instant decisions to protect themselves and the community," he said.

He said the emergence of cell phone videos and the increased use of body cameras are more evidence to help improve transparency. 

But prosecutors have to answer two questions before they can even file charges:

1) Is there probable cause that a crime was committed by the police officer?

2) Is there a reasonable probability of a conviction? 

"You have to analyze them on a case-by-case basis. And that's what JSO has been doing, that's what the state attorney has been doing and I think they are doing a good job at it," said Kuritz.

RELATED: Prosecutors promise 'swift and certain' release of police bodycam footage

RELATED: State Attorney's Office: 14 police shootings 'justified'

Before You Leave, Check This Out