Contempt of cop
Encyclopedia
Contempt of cop is law enforcement
jargon
in the United States for behavior by citizens towards law enforcement officers that the officers perceive as disrespectful or insufficiently deferential to their authority. The phrase is associated with arbitrary arrest and detention
and is often discussed in connection to police misconduct
such as use of excessive force
or even police brutality
as a reaction to disrespectful behavior rather than for any legitimate law enforcement purpose.
Arrests for "contempt of cop" may stem from a type of "occupational arrogance" when a police officer thinks he or she should not be challenged or questioned.
From such officers' perspective, "contempt of cop" may involve perceived or actual challenges to their authority, including a lack of deference
(such as by asserting one's
constitutional rights), disobeying instructions, or expressing interest in filing a complaint against the officer. Flight from the police is sometimes considered a variant of "contempt of cop". "Contempt of cop" situations may be exacerbated if other officers witness the allegedly contemptuous behavior.
Charges such as disorderly conduct
, resisting arrest
, and assault
ing an officer may be cited as official reasons for a "contempt of cop" arrest. Obstructing an officer or failure to obey a lawful order is also cited in "contempt of cop" arrests in some jurisdictions, particularly as a stand-alone charge without any other charges brought.
is protected under the First Amendment to the United States Constitution
, so non-threatening verbal "abuse" of a police officer is not in itself criminal behavior, though some courts have disagreed on what constitutes protected speech in this regard.
The United States Supreme Court ruled in 1942 that fighting words
that "tend to incite an immediate breach of the peace" are not protected speech, but later cases have interpreted this narrowly, especially in relation to law enforcement officers.
conducted a study in 2008 that found that in the city of Seattle, "African-Americans were arrested for the sole crime of obstructing eight times as often as whites when population is taken into account." The New Jersey Attorney General
also found a significant number of "contempt of cop" cases while investigating racial profiling
by the New Jersey State Police
, and concluded that "improper attitude and demeanor" of officers toward the public was a nationwide problem.
"Contempt of cop" is a form of "interactional discrimination" against people who are more likely to show disrespect and who lack the financial resources to effectively defend themselves in court, such as young black people who have a historically poor relationship with police, increasing their probability of arrest, and this may contribute to racial discrimination
in law enforcement.
, which unlike "contempt of cop", is an offense in many jurisdictions (see, e.g., California Penal Code section 166, making contempt of court a misdemeanor). Similar to this is the phrase "disturbing the police", a play on "disturbing the peace". It has also been referred to as "flunking the attitude test". In some areas it is called P.O.P. or "Pissing Off the Police"- when the suspect demeanor influences officer's response to citizens. "Leniency might be afforded to persons who treat officers with respect, whereas the heavy hand of the law is extended to persons who are disrespectful, ill mannered or rude."
In crime writing and works about police misconduct, it has become something of a cliché
to sardonically refer to "contempt of cop" as the worst possible crime.
Law enforcement agency
In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
jargon
Jargon
Jargon is terminology which is especially defined in relationship to a specific activity, profession, group, or event. The philosophe Condillac observed in 1782 that "Every science requires a special language because every science has its own ideas." As a rationalist member of the Enlightenment he...
in the United States for behavior by citizens towards law enforcement officers that the officers perceive as disrespectful or insufficiently deferential to their authority. The phrase is associated with arbitrary arrest and detention
Arbitrary arrest and detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law...
and is often discussed in connection to police misconduct
Police misconduct
Police misconduct refers to inappropriate actions taken by police officers in connection with their official duties. Police misconduct can lead to a miscarriage of justice and sometimes involves discrimination...
such as use of excessive force
Excessive Force
Excessive Force is a musical side project started in 1991 by Sascha Konietzko of KMFDM and Buzz McCoy of My Life With the Thrill Kill Kult.-History:...
or even police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
as a reaction to disrespectful behavior rather than for any legitimate law enforcement purpose.
Arrests for "contempt of cop" may stem from a type of "occupational arrogance" when a police officer thinks he or she should not be challenged or questioned.
From such officers' perspective, "contempt of cop" may involve perceived or actual challenges to their authority, including a lack of deference
Deference
Deference is the condition of submitting to the espoused, legitimate influence of one's superior or superiors. Deference implies a yielding or submitting to the judgment of a recognized superior out of respect or reverence...
(such as by asserting one's
constitutional rights), disobeying instructions, or expressing interest in filing a complaint against the officer. Flight from the police is sometimes considered a variant of "contempt of cop". "Contempt of cop" situations may be exacerbated if other officers witness the allegedly contemptuous behavior.
Charges such as disorderly conduct
Disorderly conduct
Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such...
, resisting arrest
Resisting arrest
Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:* threatening a police officer with physical violence while being arrested...
, and assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
ing an officer may be cited as official reasons for a "contempt of cop" arrest. Obstructing an officer or failure to obey a lawful order is also cited in "contempt of cop" arrests in some jurisdictions, particularly as a stand-alone charge without any other charges brought.
Legality
Freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
is protected under the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, so non-threatening verbal "abuse" of a police officer is not in itself criminal behavior, though some courts have disagreed on what constitutes protected speech in this regard.
The United States Supreme Court ruled in 1942 that fighting words
Fighting words
Fighting words are written or spoken words, generally expressed to incite hatred or violence from their target. Specific definitions, freedoms, and limitations of fighting words vary by jurisdiction...
that "tend to incite an immediate breach of the peace" are not protected speech, but later cases have interpreted this narrowly, especially in relation to law enforcement officers.
Racial aspects
The Seattle Post-IntelligencerSeattle Post-Intelligencer
The Seattle Post-Intelligencer is an online newspaper and former print newspaper covering Seattle, Washington, United States, and the surrounding metropolitan area...
conducted a study in 2008 that found that in the city of Seattle, "African-Americans were arrested for the sole crime of obstructing eight times as often as whites when population is taken into account." The New Jersey Attorney General
New Jersey Attorney General
The Attorney General of New Jersey is a member of the executive cabinet of the state. The office is appointed by the Governor of New Jersey and term limited...
also found a significant number of "contempt of cop" cases while investigating racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
by the New Jersey State Police
New Jersey State Police
The New Jersey State Police is the state police force for the state of New Jersey. It is a general-powers police agency with state wide jurisdiction when requested by the Governor, designated by Troop Sectors.-History:...
, and concluded that "improper attitude and demeanor" of officers toward the public was a nationwide problem.
"Contempt of cop" is a form of "interactional discrimination" against people who are more likely to show disrespect and who lack the financial resources to effectively defend themselves in court, such as young black people who have a historically poor relationship with police, increasing their probability of arrest, and this may contribute to racial discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
in law enforcement.
Terminology
Contempt of cop has been in use since the 1960s. The phrase is derived by analogy from the word cop, which is slang for police officer, and the phrase contempt of courtContempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
, which unlike "contempt of cop", is an offense in many jurisdictions (see, e.g., California Penal Code section 166, making contempt of court a misdemeanor). Similar to this is the phrase "disturbing the police", a play on "disturbing the peace". It has also been referred to as "flunking the attitude test". In some areas it is called P.O.P. or "Pissing Off the Police"- when the suspect demeanor influences officer's response to citizens. "Leniency might be afforded to persons who treat officers with respect, whereas the heavy hand of the law is extended to persons who are disrespectful, ill mannered or rude."
In crime writing and works about police misconduct, it has become something of a cliché
Cliché
A cliché or cliche is an expression, idea, or element of an artistic work which has been overused to the point of losing its original meaning or effect, especially when at some earlier time it was considered meaningful or novel. In phraseology, the term has taken on a more technical meaning,...
to sardonically refer to "contempt of cop" as the worst possible crime.
See also
- Driving While BlackDriving While BlackDriving While Black, abbreviated as DWB, is a phrase in the contemporary American vernacular that refers to the criminalization of black drivers. An alternate phrase, Driving While Brown, is more encompassing, referring to the crime of being a non-Caucasian driver.-Derivation:"Driving While Black"...
, derived from Driving While Intoxicated, a similar example of sarcastic allusion to police misconduct. - Law enforcement agency powersLaw enforcement agency powersA law enforcement agency has powers, which other government subjects do not, to enable the LEA to undertake its responsibilities. These powers are generally in one of six forms:*Exemptions from laws...
- Law enforcement in the United States#Styles of Policing
- Law and order (politics)Law and order (politics)In politics, law and order refers to demands for a strict criminal justice system, especially in relation to violent and property crime, through harsher criminal penalties...
- Salvatore Rivieri Classic case on video
- Obstruction of justiceObstruction of justiceThe crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
External links
- "Beyond Gates arrest, a growth of police power," by Patrik Jonsson
- "Disorderly (mis)Conduct: The Problem with 'Contempt of Cop' Arrests" by Christy E. Lopez