Police Ethics and Police Deviance Chapter 8

Police officers in the United States are given tremendous authority and wide latitude in using that authority Many police officers complain that the press overdoes coverage of corrupt or brutal police officers The media operate under the following philosophy: The news is that which is different and not normal The vast majority of men and women in our nation’s law enforcement agencies are extremely ethical Introduction

Study of what constitutes good or bad conduct; broad moral principles that govern conduct Applied ethics: What constitutes right and wrong behavior in certain situations. Aristotle’s Golden Mean or Nicomachean ethics; a mean between excessive and defective responses International Association of Chiefs of Police (IACP) Offers courses in ethics Ethics Toolkit Mission statements Ethics and the Police

Important for police officers to study ethics o Must use a lot of discretion o Must protect the Constitution o Are public servants

Inherent conflict; corruption and brutality have always been a part of policing Police must comply with same laws they are paid to enforce Police face ethical dilemmas every day Officers have to weigh many variables Open to questions and criticism Slippery slope to corruption The Dilemma of Law Versus Order

Review of the Police The Knapp Commission investigated police corruption in New York and found corruption in: o Gambling, narcotics, prostitution, construction, bars, Sabbath law, parking, traffic o Retrieving seized automobiles from police, intradepartmental payments, sale of information, gratuities, miscellaneous Judicial review: process by which actions of police are reviewed by courts Landmark Supreme Court cases: o Mapp v. Ohio o Miranda v. Arizona

Police Corruption Acts involving misuse of authority by officers for personal gain Corruption makes good books and films o Serpico o Prince of the City o L.A. Confidential o Dark Blue o Training Day

Examples of Police Corruption 1980s and 1990s: many large-scale corruption cases around the country 2000: LAPD Rampart scandal involved 70 officers 2003: federal jury convicted three Miami officers of conspiracy 2005: allegations against New Orleans police following Hurricane Katrina 2009: Bernard Kerik, former NYC police commissioner, indicted for making false statements

Individual officer explanations Social structural explanations Neighborhood explanations The nature of police work The police organization The police subculture REASONS FOR POLICE CORRUPTION

Types and Forms of Corruption Two types of corrupt police officers: o Grass-eaters : passive and accept what is offered to them o Meat-eaters: more aggressive and search out opportunities to exploit for financial gain Four types of police corruption: o Taking gratuities o Taking bribes o Theft or burglary o Internal corruption Three levels of police corruption: o Rotten apples and rotten pockets (one officer or small group) o Pervasive, unorganized corruption o Pervasive, organized corruption

Noble Cause Corruption Situations where police officers bend rules to attain “right” result Dirty Harry syndrome More significant problem than economic corruption Not done for personal gain Ends-oriented view of policing

Effects of Police Corruption Misconduct committed by an officer affects: o Officer moral will suffer o Department officer works for o Community officer serves o All police departments and officers in America Just one or two incidents can ruin reputations and destroy community trust Emotionally draining Contributes to stress

Other Police Misconduct DRUG-RELATED MISCONDUCT o Drug users and dealers make good targets o Typically involves small groups of officers o Four management-related factors o Profit is most frequent motive 14

Other Police Misconduct SLEEPING ON DUTY o Fatigue issues o Night shift issues Sleep interrupted Court appearances Meetings o Can be hazardous 15

Other Police Misconduct POLICE DECEPTION o Police deception covers wide range of misconduct Perjury in court Circumventing rules regarding searches and seizures Falsifying police reports Clearing cases that should not be Making up confessions 16

Other Police Misconduct SEX-RELATED MISCONDUCT o Serious offense against public trust o Incorporates many behaviors o Behavior can signal a potential problem o Use position of authority o Victims are fearful of retribution 17

Other Police Misconduct DOMESTIC VIOLENCE IN POLICE FAMILIES o May be more prevalent than in general population o Traditionally has been a hidden problem o Handled informally o Economic future at risk if reported 18

Biased-Based Policing o Biased-based policing is critical issue to the American people Equal protection Equal opportunity o Racial profiling o Validity of stops questioned o Aftermath of 9/11 19

Police brutality: has existed as long as there have been organized police departments Use of force is a necessary part of police work The slippery slope Media attention Noble cause corruption Ends-oriented thinking Police Brutality Courtesy of Reuters/Max Whittaker

Police Brutality 2002: 26,556 complaints of excessive force reported o Average of 1 incident per 200 full-time officers 25 percent were unfounded (excessive force did not occur). 23 percent of the complaints exonerated the offcers (offcers performed lawfully). 34 percent turned up insufficient evidence to prove the allegation. 8 percent were sustained (there was suffcient evidence to justify disciplining the accused offcers). The remainder had some other type of disposition, such as withdrawal of the complaint.

INVESTIGATIONS Internal affairs division Integrity test DISCIPLINE AND TERMINATION “Clean house” Administrative leave Decertification Responses to Police Corruption

PREVENTATIVE ADMINISTRATIVE ACTIONS Hiring and screening process Policy and procedure manual Training CITIZEN OVERSIGHT Independent review of complaints Responses to Police Corruption

STATE LIABILITY Police may be sued in state civil courts Intentional or negligence torts Administrative liability FEDERAL LIABILITY Civil rights grounds 1983 suits Subject to administrative liability Police Civil and Criminal Liability

REASONS FOR SUING POLICE OFFICERS o Use of excessive force o Failure to aid private citizens o False arrest o Negligent care of suspects o Kappeler, Critical Issues in Police Civil Liability 25

Police Civil and Criminal Liability EFFECTS OF LAWSUITS ON POLICE DEPARTMENTS AND OFFICERS o Vehicle for stimulating reform o Force improvements Discipline Policy change Training o Reluctance to take action by officers 26

Police Civil and Criminal Liability THE EMOTIONAL TOLL OF POLICE LAWSUITS o Complaints generate media attention o Internal affairs investigations o “No comment” viewed negatively o Feeling abandoned and alone o Worst-case scenario is suicide 27

The media highlights incidents of police corruption or misconduct Police corruption has been around for many years Noble cause corruption refers to situations where officers bend the rules to attain the “right” result Although use of force is a necessary part of the job, it must be reasonable and appropriate Citizen oversight is often demanded by the community Only a very small percentage of officers are involved in misconduct Summary