Police
deviance is a much broader term than corruption. It includes all
activities which are inconsistent with norms, values, or ethics (from a
societal standpoint or even from the police standpoint). A theorem in
criminology is that it's always fruitful to study when people not only
break society's norms, but the norms of their own social group too. The
following definitions may be helpful:
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Deviance -- behavior inconsistent with norms, values, or ethics
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Corruption -- forbidden acts involving misuse of office for gain
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Misconduct -- wrongdoing violations of departmental procedures
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Favoritism -- unfair "breaks" to friends or relatives (nepotism)
Although
this lecture is about deviance, it might be useful to take a brief look
at a couple of these other terms. Corruption is criminal conduct that
can involve under using one's authority, overusing one's authority, or
profiteering via one's authority. The key element is misuse of official
authority; the gain can be personal or for the common good. Corruption
is bad because it undermines integrity, the state of policing being
whole or undivided. Corruption has been the target of numerous efforts
at creating topologies. Here are three of the most popular topologies
of corruption:
Police misconduct is impropriety of office, not misuse of authority.
It's wrongdoing, the appearance of wrongdoing, or puzzling behavior
that violates standards usually set down in departmental policies and
procedures, for good reasons, that the employee may or may not be
cognizant of. Misconduct is bad because it leaves the public free to
speculate and draw sweeping generalizations about the profession of
policing as a whole. The different types of misconduct are often
classified as follows:
-
Malfeasance
-- intentional commission of a prohibited act or intentional unjust
performance of some act of which the party had no right (e.g.,
gratuity, perjury, use of police resources for personal use)
-
Misfeasance
-- performance of a duty or act that one is obligated or permitted to
do in a manner which is improper, sloppy, or negligent (e.g., report
writing, unsafe operation of motor vehicle, aggressively "reprimanding"
a citizen, improper searching of suspect)
-
Nonfeasance
-- failure to perform an act which one is obligated to do either by law
or directive due to omission or failure to recognize the obligation
(e.g., failure to file report, improper stop & frisk, security
breach)
THE MYTH OF THE ROTTEN APPLE
According
to the Knapp Commission, which blew the whistle on the standard police
explanation for corruption (he/she's a rotten apple in an otherwise
clean barrel), "rotten apples" are either weak individuals who have
slipped through the screening process or succumbed to the temptations
inherent in police work or deviant individuals who continue their
deviance in an environment that gives them ample opportunity. Police
departments tend to use the rotten apple theory or some variation of
the "rogue cop" story to minimize the public backlash against policing
after every exposed act of corruption.
A
functional explanation may be closer to the truth, and is indeed
supported by almost every scholarly observer on the subject. A
functional explanation is that corruption is inherent in society's
attempt to enforce unenforceable laws. Another approach is the
"occupational socialization" explanation, the polar opposite of rotten
apple theory that is sometimes called "rotten barrel" theory. According
to this view, the very structure of policing (exposure to unsavory
characters, forgetting what you learned in the academy, clannishness,
and overzealous, misguided approaches to crime control) provides plenty
of opportunities to learn the entrenched patterns of deviant police
conduct that have been passed down thru generations.
TYPES OF POLICE DEVIANCE
POLICE GRATUITY
A
gratuity is the receipt of free meals, services, or discounts. Non
federal police usually do not regard these as forms of corruption ("not
another lecture on the free cup of coffee or police discount"). These
are considered fringe benefits of the job. Nevertheless, they violate
the Code of Ethics because they involve financial reward or gain, and
they are corruption because the officer has been placed in a
compromising position where favors (a "fix") can be reasonably expected
in the future. When there is an implied favor (a "wink and nod"), it's
called "mooching". When the officer is quite blatant about demanding
free services, it's called "chiseling".
Gratuities
often lead to things like kickbacks (bribery) for referring business to
towing companies, ambulances, or garages. Further up the scale comes
pilfering, or stealing (any) company's supplies for personal use. At
the extreme, opportunistic theft takes place, with police officers
skimming items of value that won't be missed from crime scenes,
property rooms, warehouses, or any place they have access to. Theft of
items from stores while on patrol is sometimes called "shopping".
POLICE SHAKEDOWNS
A shakedown is when the police extort a business owner for protection
money. The typical scenario involves gay bars, which are considered the
most vulnerable. In some cities (like Boston for example), police are
still charged with the power to inspect bars for compliance with liquor
regulations. Officers are then in a position to threaten bar owners
with violations if they do not make payoffs, and promise to intercept
("fix") any other violation reports processed through department
channels. In other cities (like San Francisco, for example), officers
would promise extra protection against gay-bashing in return for extra
payments. In still other cities (like New Orleans, for example),
moonlighting officers would make extra money from "details" in liquor
establishments, and be paid extra for overlooking open sex or drug
violations. In some cities, police officers have complete control over
liquor licenses and even own nearby parking meters. To deal with the
gay bar issue, many police departments have tried hiring openly gay
recruits.
Shakedowns are also common with strip bars, prostitution rings, drug
dealing, illegal gambling, and even construction projects. In each
case, the approach and modus operandi are somewhat variable, because
each officer subjects the business operator and/or patrons to the
shakedown differently.
POLICE PERJURY
This
is usually a means to effect an act of corruption, leaving out certain
pertinent pieces of information in order to "fix" a criminal
prosecution. "Dropsy" evidence is typical, where the officer testifies
untruthfully that he/she saw the offender drop some narcotics or
contraband. Lies that Miranda warnings have been given, when they
haven't, are also typical. Lying in court is called "testifying", and
police can do it coolly; they're trained witnesses.
Other
actors in the system, supervisors and even judges, are often aware of
the perjury. They pretend to believe police officers who they know are
lying. Everybody's happy with the system. The cop gets credit for a
good bust; the supervisor's arrest statistics look good; the prosecutor
racks up another win; the judge gets to give his little lecture without
endangering his reelection prospects, the defense lawyer gets his fee
in dirty money, and the public is thrilled that another criminal is off
the street (Dershowitz 1996).
Most
perjury is committed by decent cops who honestly believe a guilty
defendant will go free unless they lie about something.
POLICE BRUTALITY
Police brutality has been defined as excessive force, name calling,
sarcasm, ridicule, and disrespect (President's Commission 1967). Other
commissions have simply used a vague definition as "any violation of
due process". Kania and Mackey's (1977) widely-regarded definition is
"excessive violence, to an extreme degree, which does not support a
legitimate police function." When a citizen charges police brutality,
they may be referring to a number of things, including:
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profane or abusive language
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commands to move or go home
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field stops and searches
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threats of implied violence
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prodding with a nightstick or approaching with a pistol
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the actual use of physical force
Only the last one of these (unreasonable and unnecessary
actual use of physical force) can be considered police brutality. This
is commonly expressed as "more than excessive force". Police perjury
and police brutality go hand in hand, as officers who commit brutality
will most likely lie on the stand to prevent the possibility of a
lawsuit or departmental charges. The reasons why an officer might
engage in this kind of conduct are many:
-
a small percentage may have been attracted to police work for the opportunity to enjoy physically abusing and hurting somebody
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an officer may come to believe "it's a jungle out there"
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an officer may be provoked and pushed beyond their endurance
The
most common reason is occupational socialization and peer support. One
common belief is that it's necessary to come down hard on those who
resist arrest because they may kill the next police officer who tries
to arrest them (so you have to teach 'em a lesson). Another practice is
the "screen test", police jargon for applying the brakes on a police
vehicle to that the handcuffed prisoner in back will be thrown against
the metal protective screen.
Criminal
justice experts are divided over whether racial differences exist with
respect to police use of force (Weisburd et. al. 2000). On the one
hand, the Christopher Commission (1991) stated that white officers were
somewhat more likely to use excessive force against African-Americans,
and watchdog groups like the ACLU, Amnesty International, and Human
Rights Watch have stated a pattern exists, but on the other hand,
respected researchers like Adams (1996) and Tonry (1995) as well as the
U.S. government itself have never unveiled a pattern.
POLICE PROFANITY
There
are many reasons why a police officer would use obscene and profane
language. Effective use of verbal communication is one of the skills
expected in police work. Concepts such as "command voice" and "command
presence" are routinely taught at police training academies. The FCC
specifically condemns certain words on radio and television that are
"patently offensive", but there's no such mechanism for determining
what's offensive with interpersonal communication. The following
topology exists:
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words having religious connotations (e.g., hell, goddamn)
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words indicating excretory functions (e.g., shit, piss)
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words connected with sexual functions (e.g., fuck, prick)
Generally,
words with religious connotations are considered the least offensive
and words connected with sexual functions are considered the most
offensive. It's commonly the case, however, that use of such language
by police officers is purposive and not a loss of control or catharsis.
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to gain the attention of citizens who may be less than cooperative
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to discredit somebody or something, like an alibi defense
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to establish a dominant-submissive relationship
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to identify with an in-group, the offender or police subculture
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to label or degrade an out-group
Of
these, the last is of the most concern, since it may reflect the
transition of prejudice to discrimination, especially if racial slurs
or epithets are involved. On the other hand, profanity for innocuous
purposes may very well be something that it is unrealistic to expect
will go away in policing or many other contexts.
POLICE SEX ON DUTY OR DUTY-RELATED
Contacts
with promiscuous females and minimal supervision are part of the job.
Sooner or later, every police officer will be propositioned. There are
a number of women who are attracted to the uniform or the aura of the
occupation. Every police officer will be able to tell you stories about
police "groupies". These are women who make the rounds by waving at
officers, getting them to stop or pull over, and then set up meetings
to have sex with them, or sometimes right then and there. A woman such
as this typically has sex with whole departments and hundreds of police
officers. Other situations involve:
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traffic stops -- to get a closer look at the female or information about her
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fox hunting -- stopping college girls to get the I'll do anything routine
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voyeurism -- window peeping or interrupting lovers lane couples
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victim re-contacts -- consoling victims who have psychological needs
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opposite sex strip searches -- touching and/or sex with jail inmates
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sexual shakedowns -- letting prostitutes go if they perform sex acts
On
occasion, one hears about "rogue" officers who coerce women into having
sex on duty, "second rapes" of crime victims, and school liaison
officers involved with juvenile females, but such instances are rare
because of the penalties involved. When police sex cases come to the
public attention, the department reaction is usually to reemphasize the
code of ethics. Such was the case in the 1985 Rathskellar incident in
San Francisco, where at a police academy graduation party, one bashful
recruit was handcuffed to a chair, and a prostitute was brought in to
perform oral sex on him.
POLICE SLEEPING ON DUTY
On the night shift, the police car is sometimes referred to as the
"traveling bedroom". In police argot, a "hole" or "coop" is where
sleeping takes place, typically the back room of someplace the officer
has a key to and can engage in safe "cooping". Police officers who
attend college during the day or moonlight at other jobs in order to
make a decent living are often involved in this kind of conduct.
Numerous court appearances during the day can also be a factor, along
with the toll of shift work.
Sleeping
on duty, of course, is just an extreme example of goldbricking, the
avoidance of work or performing only the amount minimally necessary to
satisfy superiors. Goldbricking can take many forms: from ignoring or
passing on calls for service to someone else; overlooking suspicious
behavior; or engaging in personal business while on duty.
POLICE DRINKING & ABUSING DRUGS ON OR OFF DUTY
There
are endless opportunities to drink or take drugs while on duty (e.g.,
victim interviews, shakedowns, contraband disposal), and the reasons
for it are many: to get high, addiction, stress, burnout, or alienation
from the job. However, even in cases of recreational usage (which
doesn't exist, since officers are never off-duty or have any of their
"own time"), the potential is there for corruption. The officer must
obtain the drugs from some intermediary, involve others in
transactions, and open the door to blackmail, shakedowns, ripoffs, and
coverups. It sets a bad example for public relations. It will affect
judgment, and lead to the greater likelihood of deadly force or traffic
accidents. Alcohol and drug use tends to become a systemic problem;
others become involved, either supporting or condemning the user.
Alcohol and drugs tend to be mixed by police officers because there's
more sub cultural support for alcoholism; thus the abuser covers up the
drug use with alcoholism.
More
intriguing is when the police become sellers or dealers of drugs. One
occasionally hears stories of officers selling drugs at rock concerts.
The motivation here appears to be monetary gain and greed, although
there have been some attempts to claim stress or undercover assignment
as a defense. In cases were such officers have been disciplined, plea
bargained, or arbitrated, the courts have not upheld a job stress/drug
connection, although there is some precedent in rulings that job
assignment may be a factor in alcoholism.
With
the exception of a few places (like Hawaii), police officer
associations (POAs) have opposed random drug testing. They especially
oppose drug testing after a shooting incident because it taints the
officer. They are not generally opposed to drug testing of applicants
or probationary employees. They do, of course, support strict
discipline of any employee who is involved in dealing drugs.
POLICE MISUSE OF CONFIDENTIAL INFORMATION
This
normally involves jeopardizing an ongoing investigations by "leaking"
information to friends, relatives, the public, the press, or in some
cases, directly to the criminal suspects or members of their gang. The
officer may be unaware that they are even engaging in this kind of
conduct which may involve "pillow talk" in some instances. Failed
raids, for example, are often due to a leak in the department.
In other cases, department resources, such as computer systems, may be
used to produce criminal history reports for "friends" of the
department such as private detectives, consulting firms, or area
employers. Passwords can also slip out, granting access to computer
network information. In rare cases, police resources are put to use in
blackmailing political figures. In general, however, cracking down on
secrecy violations has produced more problems than it has solved. Part
of the reason for the current fragmented condition of American law
enforcement rests upon a false sense of security derived from overdone
needs for secrecy.
O'Connor, T.R. (Nov. 11, 2005). In Part of web cited, MegaLinks in Criminal Justice. Retrieved from http://faculty.ncwc.edu/toconnor/205/205lect11.htm.