Understanding Up-Charging in Police and Law Enforcement: When Does It Cross the Line?

Up-charging, a contentious issue in modern law enforcement, describes the act of prosecutors charging individuals with the most severe possible offenses, even if the evidence doesn't fully support such charges. This practice often undermines the integrity of legal processes and casts a shadow over the accountability of law enforcement officers.

Types of Up-Charging

There are two primary types of up-charging: piling on and .

Piling On

Piling on involves the charging of multiple, often minor, offenses to increase the perceived severity of the case. A prime example is a motorist being stopped for minor infractions, such as weaving and possible DUI, with officers discovering additional technical violations that would not normally be charged. This includes defects in equipment, a bald tire, no brake light, expired registration, no current year tag on the license plate, failing to use turn signals, no valid insurance, reckless driving, and DUI.

Ramping Up

Ramping up involves seeking the most serious charges possible, even if the actual evidence does not support it. An example might be a disturbance call where person A, known for prior convictions and violent behavior, and person B, known for disruptive behavior, are involved. Upon arrest, person A is found to have a firearm, crack cocaine, and $5000 in cash. Person A is charged with assault on person B, resisting arrest, possession of a concealed weapon without a CCW permit, felony possession of illegal narcotics, felony possession of a firearm while in possession of illegal narcotics, use of a firearm in commission of a felony, and an additional charge of felonious assault on person B.

Prosecutor's Role and Behavior

Prosecutors often push for the most severe charges to build their reputation, withstand public pressure, or to justify heavy sanctions against individuals. Unfortunately, some prosecutors exhibit unethical or dishonest behavior, which can lead to wrongful convictions and a lack of trust in the justice system.

Examples of Up-Charging

Consider a scenario where a police officer is trying to arrest a criminal who is desperately fighting to escape. After a 15-minute struggle, the officer successfully restrains the individual, believing it necessary to prevent a potential danger to civilians. However, the individual later overdoses and dies despite medical efforts. In an attempt to hold the officer accountable, the case might be charged with first-degree murder. Such a charge would be considered up-charging and an overreach, as the officer did not intentionally target the individual, force drugs into their system, or instigate the fight that led to the overdose.

Consequences of Up-Charging

When a case is overcharged, juries may find it difficult to convict the defendant based on the original evidence. If the jury concludes that there is no intent or evidence to support the most severe charges, they may acquitted the defendant. This can lead to wrongful convictions being overturned and diminished the credibility of the justice system.

Impact on Law Enforcement and Communities

While some forms of up-charging, such as increased charges for repeat offenders (ramping up), aim to improve community safety, excessive and unwarranted charges can alienate communities and foster distrust in law enforcement. Overcharging can also result in the loss of public trust, leading to resentment and a breakdown in community-police relations.

Conclusion

Up-charging is a complex issue that requires careful scrutiny and review by both the law enforcement and legal communities. Ensuring that charges reflect the actual severity of the crimes committed and align with judicial principles is crucial for maintaining the integrity of the justice system. By fostering transparency, accountability, and a commitment to fair and accurate prosecution, the legal and law enforcement communities can work together to reduce instances of overcharging and promote a more just society.