Why is it so hard to prosecute a cop?

Washington's 25-year-old law regulating the use of deadly force by police provides a much broader defense than most other states' laws, a key reason that officers are rarely prosecuted in this state.

The law lays out a four-part test for determining whether use of deadly force is justifiable homicide. The officer must reasonably believe the suspect is attempting to commit a felony; has probable cause to believe his life is in danger, or that or others' lives are; and that the force is "necessary."

But the fourth provision sets an even higher bar: The officer is justified if he is acting "without malice" and in "good faith." Malice is defined in some cases as an "evil intent" or an "abandoned and malignant heart."

"Most states don't have a specific standard like that," said David Harris, a University of Pittsburgh law professor who studies the use of force. Instead, states more often give prosecutors broader discretion in determining whether to charge officers, he said.

Malice is extremely hard to prove, especially against police officers, who jurors are predisposed to believe are the "good guys," said Harris. "Putting a police officer on trial effectively turns the world upside down for the average person."


Links:
http://seattletimes.nwsource.com/ABPub/2011/02/16/2014241877.pdf

http://www.cityofseattle.net/police/news/2_16_2011/Firearms_Review_Board.pdf

http://seattletimes.nwsource.com/html/localnews/2014248676_shootinglaw17m.html