What Is 'Color of Law Abuse' And Why Is It A Crime?

When a police officer, after arresting and handcuffing a person, gives him a blow in the head for no apparent reason, then that is a crime under the color of law. A federal officer who uses his position to gain sexual favors; that is also under the color of law. Simply put, color of law abuse means to act like or to pretend to be under legal authority or jurisdiction, but really is not. Color of law abuse is also known as police misconduct.

Under the Color of Law

Law enforcement officers have been given the responsibility to keep peace and to defend life. To be able to practice these responsibilities they have been allowed to use reasonable force or to use force only if necessary. But if the law enforcement officer uses unnecessary and unreasonable force then that would be abuse under the color of law.

An official is allowed to stop a person, search that person if necessary, and retain their property, depending on the situation. But sometimes this power is abused, which violates an individual’s civil right. Examples of this would be the illegal detention or illegal confiscation of properties.

An official could be also abusive under the color of law when he or she conducts a false arrest of an individual. Fabricating evidences against certain individuals is also an act under the color of law.

Sexual assaults by law enforcement officers are quite common. The official coerces the person to comply with his or her wants by threatening to use lawful actions against that person. Another scenario wherein there is color of law abuse is in traffic. A traffic officer arrests motorists to take advantage of them. They get money from the fine or from the payoffs given by other motorists to just forget about the ticket.

Even officials who are not in their uniform or not on their duty, if they insist that they are law enforcement officers and assert their official status, they, too, can also be prosecuted. If other people, may they be private citizens or public officials, are found willfully participating with law enforcement officers under the color of law, they may also be prosecuted.

Punishment For Color Of Law Abusers

The punishment for color of law abuse depends on how grave the violation of the law enforcement officer is. For minor violations, officials can be given a fine. Probation to one year imprisonment can also be given, or charged with both a fine and jail time. For aggravated circumstances, violators will face a maximum sentence of 10 years’ imprisonment, a fine or both imprisonment and a fine. However, if the intentional misconduct had cost the life of another person, then the law enforcement officer faces the death penalty.

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