CHAPTER 7

1. CHAPTER 7 Police Corruption and Misconduct Lecture slides prepared by Lisa J. Taylor

2. Abuse of Power by Police The majority of police officers are professional and ethical. However, a small minority abuse their power. This leads to close scrutiny by the public of all police. Police officers have tremendous power in our society: • The power to arrest • The power to mediate or to charge • The power to use force • The power of life and death

3. Police Corruption: A Worldwide Problem • Countries with high scores for police honesty • Finland • Denmark • New Zealand • Sweden • Countries with low scores for police honesty • Azerbaijan • Bolivia • Kenya • Uganda • Bangladesh Baksheesh – another word for graft

4. Became police officer in 1959. • After 12 years became a detective. • Discovered corruption was rampant in the NYPD. • He & a fellow officer went to the media & participated in an exposé of the corruption. • Experienced retaliation & and was shot in the face before he could testify. • Left department for 10 years & later came back to speak out against police corruption. Frank SerpicoNYPD(1970)

5. Types of Corruption 1973 Knapp Commission: Grass eaters—accepting bribes, gratuities, and unsolicited protection money Meat eaters—shakedowns, “shopped” at burglary scenes, and engaged in more active deviant practices 1993 Mollen Commission: Criminal cops—burglary rings, selling drugs, robbing drug dealers

6. Largest investigation into police corruption in the FBI’s history • October 2010 • FBI sent approximately 1K agents to Puerto Rico • 130 people and 80 officers arrested on drug trafficking charges • Officers accused of selling protection to drug dealers Corruption in Puerto Rico(2010)

7. Police Abuse of Authority (Barker and Carter) Physical abuse • Excessive force • Physical harassment Legal abuse • Unlawful searches or seizures • Manufacturing evidence Psychological abuse • Disrespect • Harassment • Ridicule • Intimidation

8. In 2010, it was alleged that the FCSO used "tasers” against detainees in its jails. • It was alleged that the FCSO engaged in an unconstitutional pattern & practice of using tasers in an abusive manner, failing to adequately investigate their use, & failing to adequately train corrections deputies in the use of tasers. • In February 2011, claims were settled by entering a court-enforceable settlement agreement. • The Settlement Agreement requires the FCSO to reform policies, procedures, & training on use of tasers and its investigations in their use. • The DOJ monitors compliance with the Settlement Agreement. Franklin County Sheriff’s Office Consent Decree Columbus, OH 2010

9. Corruption (Fyfe and Kane) • Policecrime —police officers violate criminal statutes. • Police corruption —officer uses his or her position, by act or omission, to obtain improper financial benefit, bribes, extra-job policy abuse, gratuities (may be criminal or not). • Abuse of power —officers physically injure or offend a citizen’s sense of dignity (“brutality” or unnecessary force, deception in interrogation, intimidation on the street, perjury, planting evidence, and hiding exculpatory evidence, off-duty misconduct).

10. Zetas drug cartel stabbed and bludgeoned 44 members of the rival Gulf cartel to death and then staged a mass escape. • Prisoners were given guns and cars and ordered to go and kill rival drug cartel members. • They killed 17 people and are suspected of 3 more mass killings. • Top prison officials were implicated. • Illustration of how much control drug cartels have over criminal justice in Mexico. Apodaca PrisonMexico(2010)

11. Gratuities Items of value given because of role or position, rather than personal relationship. • A gift is personal and has no strings attached. • Common police gratuities include: • Free coffee • Free movie/sports tickets • Discounted or free meals • Discounted or free merchandise

12. Professional Courtesy • The practice of not ticketing an officer who is stopped for speeding or for other driving violations.

13. Using Drugs/Alcohol on Duty Police work factors that foster drug use: • Exposure to a criminal element • Relative freedom from supervision • Uncontrolled availability of contraband Drinking on duty: • Creates less vulnerability to corruption than drug use • Creates an ethical dilemma for other officers • May lead other officers to isolate themselves from or avoid working with those who drink

14. Exploitation of one’s role by accepting bribes or protection money. Also applies to kickbacks from defense attorneys, bail bond companies, etc. Bribes rated in one study as second most serious ethical transgression (after theft from burglary scene). Graft

15. Viewing a victim's photos, etc., for prurient purposes Strip searches Illegal detentions Deception to gain sex Sexual Misconduct (Kraska & Kappeler) • Trading favors for sex • Sexual harassment • Sexual contact • Sexual assault • Rape

16. “Buddy boys” (NYC) Mafia Cops (Eppolito & Caracappa) Boston (Pulido) Cleveland cocaine cops Chicago (robbery, extortion, theft) Miami River Rats Drug crimes (in all cities: protection, theft, robbery) Criminal Cops

17. Occurred during aftermath of Hurricane Katrina. • Officers shot at unarmed brothers—killing one. • Same officers were also involved in shooting at an unarmed family—killing a 17-year old. • The officers invented a fictitious witness and planted a gun supposedly used by the victim. • A supervisor helped the officers set up their stories. • 11 officers were implicated, 5 pled guilty to lesser charges of covering up the incident, and 6 officers were indicted on charges from murder to obstruction. Danziger Bridge Incident New Orleans, LA(2005)

18. Explanations Individual: • “Rotten-apple” argument (Officer was deviant before hiring) • Development of a police personality (Officer became deviant after hiring) • Possible predictors: gender, age, education, race, military experience, academy performance, prior history of wrongdoing Target: screening/recruiting process; training

19. Explanations Institutional/Organizational: • Poor management and supervision • “Noble Cause” (improper rewards) • Corruption continuum (Trautman) • Administrative indifference toward integrity • Ignoring ethical problems • Hypocrisy and fear • “Survival of the fittest” • Continuum of compromise (Gilmartin & Harris) • Sense of victimization • Cynicism and entitlement • Wrongdoing

20. Explanations Systemic/Societal: • If the public does not comply with the law, officers may rationalize non-enforcement of the law. • If the public engages in illegal activities, officers may feel justified in doing the same. • If the public believes crime control is more important than due process, police will act on that message.

21. Reducing Corruption (Malloy) • Increase pay • Eliminate unenforceable laws • Establish civilian review boards • Improve training • Improve leadership

22. Reducing Corruption (Metz) • Set realistic goals and objectives • Provide ethical leadership • Provide a written code of ethics • Provide a whistle-blowing procedure that ensures fair treatment for all parties • Provide training in law enforcement ethics

23. Higher formal education standards are not, themselves, the key to ethical behavior. Academy and in-service ethics training are common and recommended for all departments. Many courses use a moral reasoning approach. Some advocate an emphasis on character. Others recommend case studies. Education and Training

24. Integrity Testing • Very controversial • Not well-received by most officers • Comparing integrity testing to undercover operations reveals that: • Most officers oppose integrity testing • Most officers support undercover operations

25. Early Warning or Audit Systems • Seek to identify problem officers by trends of abuse or corruption complaints • Identified officers may be subject to: • Reassignment, retraining, or transfer • Referral to an employee assistance program • A fitness-for-duty evaluation • Dismissal

26. Internal Affairs Model • Police investigate themselves • Police use an internal discipline system • Widely seen as ineffective • May discourage civilian complaints • Does not evoke public confidence

27. Civilian Review/Complaint Model • An independent civilian agency audits complaints and investigations • Police still investigate and conduct discipline proceeding • Using departments receive more civilian complaints • Internal and external substantiation rates about the same—approximately ten percent

28. Ethical Leadership • Mistrust of police administration is pervasive among the rank-and file. • Two cultures of policing: street cops and management. • Most agree that supervisor behavior has greater influence on employee behavior than directives or ethics. • Leaders lead most effectively by example.