Deviance I. Ethics a. Defined as the study of what ...
Ch. 8 Police Ethics/ Deviance I.
Ethics a. Defined as the study of what constitutes good or bad conduct. b. Is there a difference between “doing the right thing” and “doing things right?” i. Management function- doing things right ii. Leadership function- doing the right thing 1. What‟s right, what‟s wrong c. Measuring police ethics: i. Law enforcement code of ethics ii. Constitution Bill of Rights d. Law or Order? e. Various commissions and judicial reviews: i. Processes that act as checks and balances when it comes to police misconduct.
II.
Reason for Police Corruption a. Individual officer explanations i. Explanation- don‟t get paid enough b. Social Structure explanations i. Just the way things are c. Neighborhood explanations i. “Only a ghetto” d. Nature of police work e. Police organization
III.
Two Types of Police Corruption a. Grass eaters- Officers do not actively seek out bribes, but with accept them if confronted b. Meat eaters- (hardcore corrupt) officers that are more aggressive and will seek out opportunities and exploit them
IV.
Two forms of Bribes a. The Pad- Formal, regular, periodic payments to the police to overlook continuing criminal enterprise. Typically used by Meat Eaters b. The score- a onetime payment to avoid arrest for illegal conduct. Typically used by grass eaters (Offered a bribe to let someone go).
V.
Noble Cause Corruption a. Situation where a police officer bends the rules to attain the „right‟ result. Commonly referred to as the „Dirty Harry‟ syndrome. i. Person carries 1.8 ounces on them consistently to avoid felony. Noble cause corruption would be to put the .2 ounces in so they would get the felony. 1. Lying/ perjury in court/ WRONG
VI.
The Slippery Slope of Noble Cause Corruption a. Free means b. Loyalty backup c. Physical violence against citizens d. Flaking drugs i. Just one or two incidents of police corruption can ruin a department‟s reputation and DESTROY community trust
VII.
Other police misconduct a. Drug related corruption b. Sleeping on duty c. Police deception d. Sex related conduct e. Domestic violence in police families f. Biased based policing
VIII.
Biased-Based Policing a. Often referred to as „racial profiling‟ b. Defined as any police-initiated activity that relies on a person race or ethnic background rather than behavior c. Landmark case i. Brown v. Board of Education
IX.
Facts about police Brutality a. Brutality has been in existence since departments were first organized. b. Average of 1 incident for 200 full-time officers per year
X.
Analysis of Complaints a. Complaint Following arrest or ticket b. Complaint Following involvement with police with no recorded action by police i. Under what circumstances would there be a greater probability of finding a more legitimate basis for the complaint.
XI.
Combating Police Corruption a. Internal Affairs Divisions i. On complaints, cops must be investigated b. Integrity tests i. Leaving evidence to see how the cop disposes of it. c. Progressive Discipline d. Termination e. Effective Hiring/ Training
XII.
Citizen Oversight a. A method designed to allow for independent citizen review of complaints filed against the police through a board or committee.
XIII.
Police Legal Liability a. Civil Liabilities- State tort laws and civil rights laws b. Criminal liabilities- penal code dealing with public officials and/or the general population c. Administrative Liabilities- Lose your job
Officers may be sued at the State or Federal level. Actions in Federal Court include Title 49. Reasons for suing the police - Excessive force - Improper medical care - Failure to render air - False arrest - Malicious prosecution - Unfair treatment - Care of suspects in custody Complaints and lawsuits continue to have an emotional and economic impact on officers and departments Police Ethics Standards - Organizational Value systems - Codes of ethics - Oath of office Police Corruption - Acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for himself or others. Wickersham Commission (First commission to look at police corruption) - 1931- National Commission on Law Observance and Enforcement Corruption - New York “20- year theory” o Major scandal every 20 years - Knapp commission- Frank Serpio - Findings- Corruption in gambling, prostitution, etc. Hidden Costs - Secret tax on business (payoffs) - Undermines enforcement of the law (if paying= success)
-
Destroys the department (no discipline- no respect for self or others)
Fighting Corruption - Internal Affairs Units - Random drug testing o National Treasury Employees Union v. Von Raab Three stages of Deception 1. Investigation 2. Interrogation 3. Testimony in Court (officers committing felony crimes) 25% of all police officer have a serious alcohol dependence, and in one study 67% of officers admitted to drinking while on duty. Abuse of Authority Occupational Deviance: Personal Benefit
Ethics a. Defined as the study of what constitutes good or bad conduct. b. Is there a difference between “doing the right thing” and “doing things right?” i. Management function- doing things right ii. Leadership function- doing the right thing 1. What‟s right, what‟s wrong c. Measuring police ethics: i. Law enforcement code of ethics ii. Constitution Bill of Rights d. Law or Order? e. Various commissions and judicial reviews: i. Processes that act as checks and balances when it comes to police misconduct.
II.
Reason for Police Corruption a. Individual officer explanations i. Explanation- don‟t get paid enough b. Social Structure explanations i. Just the way things are c. Neighborhood explanations i. “Only a ghetto” d. Nature of police work e. Police organization
III.
Two Types of Police Corruption a. Grass eaters- Officers do not actively seek out bribes, but with accept them if confronted b. Meat eaters- (hardcore corrupt) officers that are more aggressive and will seek out opportunities and exploit them
IV.
Two forms of Bribes a. The Pad- Formal, regular, periodic payments to the police to overlook continuing criminal enterprise. Typically used by Meat Eaters b. The score- a onetime payment to avoid arrest for illegal conduct. Typically used by grass eaters (Offered a bribe to let someone go).
V.
Noble Cause Corruption a. Situation where a police officer bends the rules to attain the „right‟ result. Commonly referred to as the „Dirty Harry‟ syndrome. i. Person carries 1.8 ounces on them consistently to avoid felony. Noble cause corruption would be to put the .2 ounces in so they would get the felony. 1. Lying/ perjury in court/ WRONG
VI.
The Slippery Slope of Noble Cause Corruption a. Free means b. Loyalty backup c. Physical violence against citizens d. Flaking drugs i. Just one or two incidents of police corruption can ruin a department‟s reputation and DESTROY community trust
VII.
Other police misconduct a. Drug related corruption b. Sleeping on duty c. Police deception d. Sex related conduct e. Domestic violence in police families f. Biased based policing
VIII.
Biased-Based Policing a. Often referred to as „racial profiling‟ b. Defined as any police-initiated activity that relies on a person race or ethnic background rather than behavior c. Landmark case i. Brown v. Board of Education
IX.
Facts about police Brutality a. Brutality has been in existence since departments were first organized. b. Average of 1 incident for 200 full-time officers per year
X.
Analysis of Complaints a. Complaint Following arrest or ticket b. Complaint Following involvement with police with no recorded action by police i. Under what circumstances would there be a greater probability of finding a more legitimate basis for the complaint.
XI.
Combating Police Corruption a. Internal Affairs Divisions i. On complaints, cops must be investigated b. Integrity tests i. Leaving evidence to see how the cop disposes of it. c. Progressive Discipline d. Termination e. Effective Hiring/ Training
XII.
Citizen Oversight a. A method designed to allow for independent citizen review of complaints filed against the police through a board or committee.
XIII.
Police Legal Liability a. Civil Liabilities- State tort laws and civil rights laws b. Criminal liabilities- penal code dealing with public officials and/or the general population c. Administrative Liabilities- Lose your job
Officers may be sued at the State or Federal level. Actions in Federal Court include Title 49. Reasons for suing the police - Excessive force - Improper medical care - Failure to render air - False arrest - Malicious prosecution - Unfair treatment - Care of suspects in custody Complaints and lawsuits continue to have an emotional and economic impact on officers and departments Police Ethics Standards - Organizational Value systems - Codes of ethics - Oath of office Police Corruption - Acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for himself or others. Wickersham Commission (First commission to look at police corruption) - 1931- National Commission on Law Observance and Enforcement Corruption - New York “20- year theory” o Major scandal every 20 years - Knapp commission- Frank Serpio - Findings- Corruption in gambling, prostitution, etc. Hidden Costs - Secret tax on business (payoffs) - Undermines enforcement of the law (if paying= success)
-
Destroys the department (no discipline- no respect for self or others)
Fighting Corruption - Internal Affairs Units - Random drug testing o National Treasury Employees Union v. Von Raab Three stages of Deception 1. Investigation 2. Interrogation 3. Testimony in Court (officers committing felony crimes) 25% of all police officer have a serious alcohol dependence, and in one study 67% of officers admitted to drinking while on duty. Abuse of Authority Occupational Deviance: Personal Benefit
