A Model Decertification Law

12 Pages Posted: 12 Feb 2013

See all articles by Roger L. Goldman

Roger L. Goldman

Saint Louis University - School of Law

Date Written: 2012

Abstract

Despite the over 50-year existence of laws permitting the revocation of a police officer’s right to serve in law enforcement for serious misconduct, most scholars have ignored this development. Currently, 44 states have such laws, but they differ greatly in scope. This article suggests the three most important characteristics of an effective decertification law: first, the types of law enforcement officers covered by the law should be wide-ranging, including correctional officers and probation officers, not just police officers and deputy sheriffs and police officers. Second, the range of misconduct that can lead to decertification should not just be limited to criminal convictions but ought to include serious misconduct that doesn’t result in criminal charges. Finally, because many departments would prefer to retain their problem officers (often for economic reasons), they do not cooperate with the state agency in reporting and investigating officers who, by law, should be brought to the state licensing agency’s attention. The law must have both carrots and sticks to get the local agency’s attention.

Keywords: revocation of police officer license, police decertification

Suggested Citation

Goldman, Roger L., A Model Decertification Law (2012). 32 St. Louis U. Pub. L. Rev. 147, 2012, Saint Louis U. Legal Studies Research Paper No. 2013-7, Available at SSRN: https://ssrn.com/abstract=2215090

Roger L. Goldman (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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