Final answer:
A trooper who fails to perform a mandatory duty may be charged with official misconduct, which involves actions related to their office but is an unauthorized exercise of their functions. The charge depends on the nature of the inaction and whether it was done with knowledge or reckless disregard of legal obligations.
Step-by-step explanation:
When a trooper, or any law enforcement officer, recklessly fails to perform a mandatory duty as required by law, it can be appropriate to charge them with official misconduct. Official misconduct typically occurs when a public officer or employee commits an act related to their office but constitutes an unauthorized exercise of their official functions, to the benefit or detriment of themselves or another, without a lawful right. In the case of a trooper, mandatory duties might include upholding the law, protecting citizens, and respecting individuals' constitutional rights, such as those outlined in the Fifth Amendment which protects against self-incrimination and guarantees the right to counsel during an interrogation.
A key point to consider when discussing cases of potential official misconduct is whether the action, or inaction, was undertaken with the officer's knowledge or reckless disregard of their obligation under the law. This is similar to the standard of "actual malice" which is required to be proven when a public official seeks to recover damages for a defamatory falsehood relating to their official conduct. Both concepts highlight the significance of intent and awareness in determining the legality of an officer's actions.