Duty to Prevent and Stop Crime

Did you know that state, city, and county police departments and officers are not constitutionally obligated to protect the peace?

On May 21, 1999, Jessica Gonzales acquired a restraining order against her husband on behalf of herself and her three minor daughters….On June 22, 1999, the husband abducted Ms. Gonzales’ children from her backyard while they were playing.

That night Jessica called the police multiple times, almost every hour without ever receiving active police response to her concerns. Each time she was told to wait and though she had the restraining order there was nothing they could do.

Still her children had not been returned to her, so after midnight at 12:50AM Jessica took things into her own hands and went in person to the station to file an incident report. The officer on duty went to dinner.

Later that night, the husband drove to the police headquarters and opened fire on police officers, who shot back and killed him. Inside his truck police found the bodies of the three minor daughters whom he had killed earlier that night.

Jessica would spend years battling the justice system to hold the police accountable after they failed to do their jobs to protect and serve and prevent and stop crime, resulting in the murder of her children by her estranged husband. She took her case all the way to the Supreme Court, which ruled in favor of the police department.

In a 7–2 opinion, the Supreme Court ruled that due process principles did not create a constitutional right to police protection, despite the existence of a court-issued restraining order.

The Supreme Court has consistently ruled in favor of the police departments when they fail to do their jobs, insisting that the police have No Special Duty to protect citizens from crime, abuse, misconduct, or even death, which ultimately means that our cops are not required to prevent or stop crime, or protect our community.

Well it might not be in the Constitution, but it is in the law enforcement code of ethics, which was established in 1957:

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality, and justice.

I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence.

I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession… law enforcement.

This exact language was added to the Eugene Police Department’s Policies on Oct 5 2018.

But what good is it to have a code of ethics if we do not also have a code of accountability holding officers accountable when they fail to do their job, especially when this code of ethics is not guaranteed in the Constitution?

This is one of the many important reasons why we need to support the Ad Hoc Police Policy Report on May 17th, 2021. Though our Constitution and Bill of Rights are lacking in guidelines defining the Standards, Duties, and Conduct of the police, it allows for the States to define and uphold laws and rights for issues not defined or excluded from the Constitution.

This gives us an unique opportunity to address the systemic issues within our police departments here in Oregon. Local legislatures are currently advocating for regulatory change at the national level and we need to continue to fight and demand that our City adopt standards of accountability by removing police autonomy.

Jessica Gonzales never gave up her fight to hold the police accountable for their role in her daughters’ murders. After the unjust ruling she received from the Supreme Court, Jessica took her case to the Inter-American Commission on Human Rights.

In August 2011, the Inter-American Commission issued a landmark decision which found the United States responsible for human rights violations against Jessica and her three deceased children. Jessica Lenahan (Gonzales) v. the United States is the first case brought by a domestic violence survivor against the U.S. before an international body. The IACHR ruling sets forth comprehensive recommendations for changes to U.S. law and policy pertaining to domestic violence.

This landmark decision resulted in the first national guidelines for police in the United States to prevent and stop domestic and sexual violence. These guidelines were presented by the U.S. Attorney General; Loretta Lynch, acting under President Obama in 2015.

It took 16 years, but Jessica never gave up her fight and her endurance led to positive change and accountability, as well as standards for prevention which help make our communities safer. We need to stand in her footsteps and continue the work.

Please help our community hold our police accountable to their code of ethics by demanding that our City’s Mayor, Council, and Manager adopt and follow through with the recommendations prepared by the Ad Hoc Committee. Together we can work towards true safety, community, and peace.

Article authored by Mary, LTE/Messaging Committee