Police officers also sometimes have to appear in court if they have made a mistake during their working hours. On Tuesday, a police officer was in court for killing a motorcyclist while on duty. He was accused of reckless driving and was given 200 hours of community service. Jaap Timmer is a police scientist at the Vrije Universiteit Amsterdam and has been researching violence in police work for years. He explains why the punishment is often lower than for civilians.
Just some examples. An officer who shot dead a drug suspect in Waalwijk last year was acquitted because it happened accidentally. An officer who killed a woman from Den Bosch two years ago was given 240 hours of community service. He also had to pay funeral costs and damages. A police officer who hit a confused man thirteen times with his baton in Eindhoven was given a suspended prison sentence of four months, which he must serve if he commits another crime.
When it comes to traffic violations, Jaap Timmer is clear: “An ordinary citizen should never drive too fast or take priority where it is not permitted. If we as citizens make such a mistake, we will be punishable in any case.”
But things are different with the police. “The police are allowed to violate traffic rules under certain conditions, as long as they drive a priority vehicle.” This means that the officer must drive with sirens and flashing lights.
“Emergency is never worth a human life.”
“Under certain circumstances, an officer may exceed the speed limit and drive through a red light. But the law also says: you always have a duty to ensure that the situation is safe. You can never assume that other road users will see your warning signals, that they will know that you are driving so fast and want to take priority.”
For example, despite the urgency, an officer must always approach an intersection at a moderate speed, so that the car can still stop if necessary. “Emergency is never worth a human life and safety is always the officer’s responsibility.”
Various past cases show that an officer is punished relatively mildly. Timmer understands that it may seem that way to the outside world, but according to him you cannot compare lawsuits against officers and against citizens one on one.
“Police officers make such decisions as part of their job. They have been given certain powers for this purpose. They are then held accountable for the fact that they may not have done their job well enough. But if you as a citizen commit such violations, then that does not apply and you are wrong anyway.”
“I understand that people expect a harsher sentence.”
It is often impossible for the outside world to see what else is happening in the officer’s life after such an event. “An officer can lose his job. The organization may lose confidence in him. The circumstances of a police officer in question are different from those of an ordinary citizen.”
This also applies to the case in which a police officer shot and killed 27-year-old Tim in Waalwijk last year. The Public Prosecution Service demanded 60 hours of community service, the judge stated that he had accidentally killed the man and acquitted the officer. The case will be continued due to an appeal.
“I understand that people expect a heavier punishment than community service if you shoot someone dead. But the circumstances are different, just like the expectations and obligations. You and I are not even allowed to own a firearm, let alone use one.”
YOU MAY ALSO FIND THIS INTERESTING:
Here you can read the judge’s opinion about the officer who killed a motorcyclist while on duty
Tim’s mother is angry about the acquittal of the officer who shot her son
Officer receives 240 hours of community service after he killed a woman from Den Bosch
Still punishment for officer who hit confused man thirteen times with a baton