Judge Promises Public Hearing on Portland Police Reforms


How is the union contract with the city relevant? If the contract authorizes abusive behavior of police, then it is illegal in the first place an therefore not binding. You can't have a legally binding contract to break the law. If that actually be the case, then conspiracy charges against the union representatives and the city officials might be reasonably considered.

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The clauses incorporated within the Fifth Amendment outline basic constitutional limits on police procedure. The Framers derived the Grand Juries Clause and the Due Process Clause from the Magna Carta, dating back to 1215. Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: grand juries for capital crimes, a prohibition on double jeopardy, a prohibition against required self-incrimination, a guarantee that all criminal defendants will have a fair trial, and a promise that the government will not seize private property without paying market value. While the Fifth Amendment originally only applied to federal courts, the U.S. Supreme Court has interpreted the Fifth Amendment's provisions as now applying to the states through the Due Process Clause of the Fourteenth Amendment.

Any suit brought against law enforcement personnel or agencies for excessive use of force or any other civil rights violation, should be filed pursuant to Title 42 (Public Health and Welfare), Chapter 21 (Civil Rights), section 1983 of the U.S. Code.

This section, "Civil Action for the Deprivation of Rights," states that any any person who "under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia" subjects an individual to deprivation of their constitutional rights may be sued for damages or criminally prosecuted.

Read more: Police Brutality Laws | eHow.com http://www.ehow.com/list_6597976_police-br…