A question for actual police officers?

Question

Do you ever encounter ethical issues like the kind that we see on police TV shows, or are the criminals pretty clear-cut bad guys?

Example of an ethical issue:
A kid really doesn't like his parents. They fight all the time, and he is pretty scared of them, but they are not criminals. His grandmother takes him with his permission but not the parents' permission, and they run away. Both the grandmother and kid are much happier away from the parents.

P.S. What would you do in the above situation?

Answer 1

I have felt this way in many situations. You realize that you have to arrest and charge essentially good people who have made mistakes.

An important distinction needs to be emphasized here first before I answer the second part of your question.

We arrest and charge people when grounds exist to believe that a crime has been committed. It is up to a judge to decide if the person is guilty or not.

It would be my job to arrest the grandmother and charge her with abduction and it would be the job of a judge to weigh the facts in issue and decide what her intent was and if she is guilty of this offence. The penalty is also given out by judges and a judge may give little or no penalty to someone who was motivated by love or compassion for an offence.

I also arrest and charge people who are clearly mentally ill, but it is not my job to decide if they are criminally responsible for the crime, that is up to the courts.

I do meet some clear-cut bad guys, but even those ones will have spouses or children who love them and will tell me that they are good people to them.

Answer 2

Lets first answer at the law enforcement point of view. As one of your answers stated, if the legal parent or guardian files a kidnapping report and wishes to press charges if and when they are found. A warrant would be issued for the grandmothers arrest. Now, as an officer and as a caring father myself and knowing that I'm not suppose to put personal feelings into my investigations, in theses type of cases I would request from my Lt. an act of special leave to conduct a more depth investigation of what the reason was for the child to want to runaway with the grandmother as well as finding out what type of environment the child was living in. Not all departments have this leave. Most would turn it over to social services to complete the investigation and let them retrieve the findings. If in fact at the end of my investigation I found that neglection and or abuse was presant, I then would present my case to social services for the child to be awarded to the grandmother. Which would lead to a hearing were the facts of my investigation showing evidence of neglect and or abuse was apparent. In some cases I have seen,where the child is just an undiscipline child and was ordered to spend time at a juvenile correctional center regardless of what the parent wanted. By the child running may have shown the judge that the parent was not capable of rightly correcting the child. Even at the end of the whloe deal, the grandmother would face kidnapping charges. Unless they were dropped!

Answer 3

As a police officer it is my job to apply the law, not be a law maker or interpreter , that is the job of the lawyers and judiciary.

Taking a minor without the consent of the guardian or the parent is kidnapping in my jurisdiction, I would consult with the parents when the child was recovered as to whether they wished to press charges, if they didn't then i would take that into consideration.

It does not mean that i would still not file the same or a lesser charge.

the issue then becomes one of proof and substantiation, if the parents don't want to co-operate and the Grandmother likewise my case is unlikely to stand up in court.It just becomes a wate of time and resources that denies someone who needs help.

I am between a rock and a hard place usually , husband s beat wives and the wives lay a complaint and then withdraw their complaint because they believe it was their fault anyway.

Most of my time is wasted with victims who recant and back down (usually to be victimized later AGAIN) and they become perpetual victims,

We have to react every time they complain because the first time we dont we are the bad guys "who allowed this to happen".

I sometimes feel the real criminals are the repeat victims who go back to the same situation!

But thats me , sometimes it becomes routine and eventually it is a case of you cant help those who dont want to help themselves ...but you can keep on trying!

Answer 4

The grandmother needs to first talk to the states department of child and family services and talk to a case worker to evaluate the situation at the childs home. If it is determined by the state that the childs safety and well-being is at risk due to serious parenting issues, she can contact an attorney in order to petition the state for some form of custody. She must present or possess proof that she has some form of custody, because If grandma takes it upon herself to take the child without the parents permission, she can be subject for arrest and charged with some form of domestic related kidnapping and even child endangerment.

Answer 5

TOO MANY SCENARIOS LIKE ABOVE HAVE HAPPENED.
TO ENFORCE A LAW, A LAW HAS TO HAVE BEEN BROKEN.
IF THE CHILD IS HAPPY WITH THE GRANDMOTHER, IN MOST INSTANCES THE PARENTS WILL NOT FILE CHARGES AGAINST GRANDMOTHER, THAT IS THEIR PARENT.
IF AN WHEN THE COURT HAS A JURISTICTIONAL INTEREST, IT WILL USUALLY BE IN JUVENILE COURT.
THE ISSUE AT HAND IS CAN A GRANDMOTHER (FAMILY MEMBER BE CHARGED WITH KIDNAPPING, WHEN THE CHILDS BEST INTEREST IS AT HAND?)
THE COURT WILL HAVE TO DECIDE THAT ISSUE, THE BEST INTEREST OF THE CHILD.
IF IT HAS BEEN DOCUMENTED THAT THE CHILD IS A CONSTANT RUNAWAY AND ALWAYS GOES TO GRANDMOTHERS HOUSE, IS PROVIDED FOR AND CARED FOR AND IS NOT A PROBLEM, THEN THE COURT MUST WEIGH THE PROBLEM OF THE PARENTS V GRANDMOTHER V CHILDS INTERESTS.
AS AN OFFICER I AM THE RIGHT ARM TO THE COURT AND THE JUDGE. WHAT EVER ORDER IS HANDED DOWN I AM DUTY BOUND TO ENFORE IT. I MAY NOT ALWAYS AGREE WITH WHAT IS BEING DONE? IN MY JUDGEMENT FOR THE BEST INTERESTS OF THE CHILD AND MAY BE SUPEONAED FOR MY INPUT ON THE FAMILY ENVIORNMENT. BUT I MUST ALWAYS RESPECT THE JUDGES VIEW AND DECISION.
THERE IS A LOT OF IMPUT ONE AS A LAW ENFORCEMENT OFFICER HAS FOR IMPUT TO A JUDGE AND A PROSECUTOR BEHIND CLOSED DOORS AND OFF THE CUFF AND OFF THE RECORD ADVICE THEY MAY SEEK TO MAKE A BETTER RULING IN THE MATTER AT HAND BEFORE THEM THAT NEXT DAY. I HAVE MET MANY TIMES IN JUDGES CHAMBERS WITH PROSECUTORS, DEFENSE ATTORNEYS, CHILD WELFARE, PROBATION AND PAROLE FOR THOUGHTS UPON MY VIEWS FROM WORKING A CASE AND WHAT I THINK SHOULD BE DONE.
THE AVERAGE PUBLIC DOES NOT KNOW THE EXTENT OF CARE GIVEN TO A CASE BEFORE THE COURT AND A JUDGES DECISION MAKING POWERS AFTER HE ELICITS ALL PARTIES IMPUTS.THE POWER THAT ALL ENFORCEMENT PERSONNEL HAVE REGUARDING THE PUBLIC AND ARREST OR WARN IS AN AWESOME POWER TO HAVE AND CAN HAVE A BIG EFFECT UPON A LAW ENFORCEMENT OFFICER OR OFFICER TO THE COURTS IN THEIR FINAL DECISION, ESPECIALLY IF THAT DECISION IS TO GIVE THE CHILD BACK AND THEN THE CHILD IS KILLED OR MAMED BY THAT PARENT.

Answer 6

If parents don't file a kidnap complaint or violation of custody complaint- no action taken. If complaint is filed and warrant issued the warrant will be served and runaways arrested if found. Court can then decide whatever punishment is proper. Non- violent custody cases without a note for possible endangerment will not get a extremely high priority, but warrant will be served if say a traffic stop shows it outstanding.

Answer 7

This type of thing accounts for almost half of all runaways every year. If the parents file it with the police, then the grandmother can be arrested for kidnapping. Now whether they will prosecute it is not our concern.

Answer 8

The grandmother can be charged with interfering with the custody of a child if the parents wish to do so. The state probably would not go as far as kidnapping.