Police CorruptionPolice Corruption

WHY?WHY?

Basic RequirementsBasic Requirements

U.S. CitizenU.S. Citizen

Not have been convicted of a felonyNot have been convicted of a felony

Have or be eligible to have a driver’s Have or be eligible to have a driver’s license in the state where the department license in the state where the department is locatedis located

Be at least 18 years of age (some Be at least 18 years of age (some jurisdictions – 21)jurisdictions – 21)

Police CorruptionPolice Corruption

Policing is “an occupation rife with Policing is “an occupation rife with opportunities for misconduct.opportunities for misconduct.

Policing is a highly discretionary, Policing is a highly discretionary,

coercive activitycoercive activity

that routinely takes place in private settings,that routinely takes place in private settings,

out of the sight of supervisors and out of the sight of supervisors and

in the presence of witnesses who are often in the presence of witnesses who are often regarded as unreliable.” regarded as unreliable.”

Carl KlockersCarl Klockers

Police StressorsPolice Stressors

Constant fear of becoming a victim of Constant fear of becoming a victim of violent crime.violent crime.

Exposure to violent crime and its victimsExposure to violent crime and its victims

The need to comply with the law in nearly The need to comply with the law in nearly every job action.every job action.

Lack of community support.Lack of community support.

Negative media coverage.Negative media coverage.

Internal Police StressorsInternal Police Stressors

Low WagesLow Wages

Limited opportunity for career advancement.Limited opportunity for career advancement.

PaperworkPaperwork

Long hours/lack of sleepLong hours/lack of sleep

Reasons for Corruption??Reasons for Corruption??

OpportunityOpportunity

Maturity level – AgeMaturity level – Age

Educational levelEducational level

Inadequate trainingInadequate training

Police Culture that ignores corruptionPolice Culture that ignores corruption

Ineffective supervisionIneffective supervision

Failure to enforce a Code of EthicsFailure to enforce a Code of Ethics

Types of CorruptionTypes of Corruption

Internal Corruption – Illegal Acts and Internal Corruption – Illegal Acts and agreements within a police departmentagreements within a police department

External Corruption – Illegal Acts and External Corruption – Illegal Acts and agreements with members of the public.agreements with members of the public.

External CorruptionExternal Corruption

1) Payoffs to police by essentially non-criminal 1) Payoffs to police by essentially non-criminal elements who fail to comply with stringent elements who fail to comply with stringent statutes or city ordinances; statutes or city ordinances;

2) Payoffs to police by individuals who 2) Payoffs to police by individuals who continually violate the law as a method of continually violate the law as a method of making money.making money.

3) "Clean Graft" where money is paid to police 3) "Clean Graft" where money is paid to police for services, or where courtesy discounts are for services, or where courtesy discounts are given as a matter of course to the police. To look given as a matter of course to the police. To look the other waythe other way

CorruptionCorruption

Motivating factors:Motivating factors:– ProfitProfit– PowerPower– Perceived “street” law enforcement Perceived “street” law enforcement

Police SubculturePolice Subculture

Set of values, beliefs and acceptable Set of values, beliefs and acceptable forms of behavior characteristic of the forms of behavior characteristic of the police.police.

Homogeneous – similar in most parts of Homogeneous – similar in most parts of the world.the world.

Police Subculture ValuesPolice Subculture Values

Only a police officer can understand the “true Only a police officer can understand the “true nature” of police work.nature” of police work.

The police officer is the only real crime fighter.The police officer is the only real crime fighter.

The courts have placed too many restrictions on The courts have placed too many restrictions on police operations.police operations.

The public is fickle when it comes to police work.The public is fickle when it comes to police work.

Everyone else is out to get the police, therefore Everyone else is out to get the police, therefore loyalty is important among police officers.loyalty is important among police officers.

Police Subculture ELEMENTSPolice Subculture ELEMENTS

Sense of a missionSense of a missionCombo of suspicion and paranoiaCombo of suspicion and paranoiaPolice are a separate communityPolice are a separate communityResistance to changeResistance to changeGender-based chauvinismGender-based chauvinismBigoted views of minoritiesBigoted views of minoritiesRealism and pragmatism above respect Realism and pragmatism above respect for the law.for the law.

Police PersonalitiesPolice Personalities

AuthoritarianAuthoritarianSuspiciousSuspiciousInsecureInsecureHonorableHonorableCynicalCynicalDogmaticDogmaticHostileHostile

LoyalLoyalSecretSecretConservativeConservativeEfficientEfficientIndividualisticIndividualisticPrejudicedPrejudiced

– Jerome SkolnickJerome Skolnick

Knapp CommissionKnapp Commission

Committee that investigated police Committee that investigated police corruption in NYC in the early 70’scorruption in NYC in the early 70’s

““grass eaters” – small bribes or relatively grass eaters” – small bribes or relatively minor services offered by citizens seeking minor services offered by citizens seeking to avoid prosecutionto avoid prosecution

““meat eaters” – serious forms of meat eaters” – serious forms of corruption. The officer actively seeks illicit corruption. The officer actively seeks illicit money making opportunities.money making opportunities.

Mollen CommissionMollen Commission

6 officers in 1992 in NYC arrested on drug 6 officers in 1992 in NYC arrested on drug charges.charges.

Recommendations – permanent outside Recommendations – permanent outside watchdog organization to oversee NYPD internal watchdog organization to oversee NYPD internal affairs. affairs.

Commission to Combat Police Corruption Commission to Combat Police Corruption (CCPC)(CCPC)

Blue Wall of SilenceBlue Wall of Silence

Walter Mack – create anti-brutality unit – forced Walter Mack – create anti-brutality unit – forced out. 1995out. 1995

RampartRampart

LAPD Rampart DivisionLAPD Rampart Division

Anti Gang Unit - CRASHAnti Gang Unit - CRASH

Bank RobberyBank Robbery

Station House BeatingStation House Beating

Rafael Perez – arrested stole 6 lbs. Of Rafael Perez – arrested stole 6 lbs. Of cocaine from evidence room.cocaine from evidence room.

Over 100 convictions overturnedOver 100 convictions overturned

CRASH unit disbandedCRASH unit disbanded

AssignmentAssignmentFind a police department in another state in a city with Find a police department in another state in a city with the same name as a city in Sumner Co. Tennessee.the same name as a city in Sumner Co. Tennessee.

See if they have a website. See if they have a website.

You will need information on the following:You will need information on the following:– At what age can you become an officer?At what age can you become an officer?– What types of crime occurs in the city? What types of crime occurs in the city? – What is the training requirement for new officers?What is the training requirement for new officers?– How many officers are on the force?How many officers are on the force?– What is the pay scale?What is the pay scale?– Do they have any policies on excessive force or high Do they have any policies on excessive force or high

speed chases?speed chases?– Other relevant information. (Try and get a patch sent Other relevant information. (Try and get a patch sent

to you)to you)

Brutality HistoryBrutality History

Lynching – most pervasive form of policing Lynching – most pervasive form of policing of African Americans. of African Americans. – End of Reconstruction End of Reconstruction – Between 1882 and 1946 – 5,000 recorded lynchings.Between 1882 and 1946 – 5,000 recorded lynchings.– a significant number of lynch victims were political a significant number of lynch victims were political

activists, labor organizers, or black men and women activists, labor organizers, or black men and women deemed "insolent" or "uppity" toward whitesdeemed "insolent" or "uppity" toward whites

– Congress wouldn’t pass an anti-lynching law.Congress wouldn’t pass an anti-lynching law.– Police participated in lynchings or released prisoners Police participated in lynchings or released prisoners

to a lynch mob.to a lynch mob.

Brutality HistoryBrutality History

Race RiotsRace Riots– 1900 NY – Black woman falsely arrested for 1900 NY – Black woman falsely arrested for

solicitation while waiting for her husband.solicitation while waiting for her husband.– 1917 East St. Louis – “Make East St. Louis a 1917 East St. Louis – “Make East St. Louis a

Lily White Town” Newspaper headline.Lily White Town” Newspaper headline.150 Black residents killed, burned or maimed.150 Black residents killed, burned or maimed.6000 black residents driven from their homes.6000 black residents driven from their homes.

– 1919 – Red Summer – Lynchings daily1919 – Red Summer – Lynchings dailyChicago, Washington and Elaine, ArkansasChicago, Washington and Elaine, Arkansas

– 1920’s half of all blacks that died at the hands 1920’s half of all blacks that died at the hands of whites – murdered by police.of whites – murdered by police.

HistoryHistory

Race RiotsRace Riots– Zoot Suit Riots.Zoot Suit Riots.

W W II W W II

LA 1943 – Chicano Males LA 1943 – Chicano Males

Jose Diaz dies and dozens of Chicano males were Jose Diaz dies and dozens of Chicano males were tried on scant evidence. – Drunk and hit by car.tried on scant evidence. – Drunk and hit by car.

Sailors claimed to have been beaten and robbed Sailors claimed to have been beaten and robbed by Zoot suitersby Zoot suiters

June, 1943 sailors beat up and strip zoot suiters in June, 1943 sailors beat up and strip zoot suiters in East LAEast LA

HistoryHistory

1950’s and 60’s1950’s and 60’s – Civil Rights movement – Civil Rights movement

More focused on desegregationMore focused on desegregation

Early to mid 60’s rioting and police Early to mid 60’s rioting and police violence escalated.violence escalated.

Black Panthers and other groupsBlack Panthers and other groups

Late 60’s – arrested 60,000 people used Late 60’s – arrested 60,000 people used tanks , machine guns and tear gas.tanks , machine guns and tear gas.

Militarized efforts.Militarized efforts.

Major sources of police civil liabilityMajor sources of police civil liability

Failure to protect property in police custody.Failure to protect property in police custody.Failure to render proper emergency careFailure to render proper emergency careFailure to aid private citizensFailure to aid private citizensFalse ArrestFalse ArrestInappropriate use of deadly forceInappropriate use of deadly forceMalicious ProsecutionMalicious ProsecutionRacial ProfilingRacial Profiling

CasesCases

Malley v. Briggs- False ArrestMalley v. Briggs- False ArrestBiscoe v. Arlington County- negligent pursuitBiscoe v. Arlington County- negligent pursuit

City of Canton v. Harris – City of Canton v. Harris – – Failure to render proper emergency careFailure to render proper emergency care

Board of County Comm. Of Bryan County v. BrownBoard of County Comm. Of Bryan County v. Brown– Excessive forceExcessive force– Municipality must use deliberate indifference in its actions to be Municipality must use deliberate indifference in its actions to be

held liable.held liable.

Federal CasesFederal Cases

§1983 lawsuits§1983 lawsuits

Bivens Action – against federal agents Bivens Action – against federal agents violating federal laws.violating federal laws.

Hunter v. Bryant – reasonably but Hunter v. Bryant – reasonably but mistakenly conclude that probable cause mistakenly conclude that probable cause is present – immunity. → false arrestis present – immunity. → false arrest

Idaho v. Horiuchi → excessive force Idaho v. Horiuchi → excessive force

Deadly ForceDeadly Force

Likely to cause death or great bodily harmLikely to cause death or great bodily harm

Tennessee v. Garner – Deadly force on a fleeing Tennessee v. Garner – Deadly force on a fleeing felon could only be used if he/she represents a felon could only be used if he/she represents a significant threat to the public or officer.significant threat to the public or officer.

Graham v. Connor – deadly force is viewed by a Graham v. Connor – deadly force is viewed by a reasonable officer in the moment. Not with 20/20 reasonable officer in the moment. Not with 20/20 hindsight.hindsight.

Federal Deadly Force PolicyFederal Deadly Force Policy

Defense of Life = p.c. to believe imminent Defense of Life = p.c. to believe imminent danger danger

Fleeing Subject = p.c. to believe - felony Fleeing Subject = p.c. to believe - felony with infliction of bodily harm and imminent with infliction of bodily harm and imminent danger of death or serious physical injurydanger of death or serious physical injury

Verbal Warnings = YesVerbal Warnings = Yes

Warning Shots = noWarning Shots = no

Vehicles = no to disable themVehicles = no to disable them

Police Officer’s OathPolice Officer’s Oath

– As a law enforcement officer, my As a law enforcement officer, my fundamental duty is to serve humanity; fundamental duty is to serve humanity; to safeguard lives and property; to have to safeguard lives and property; to have integrity, to protect the innocent against integrity, to protect the innocent against deception, the weak against oppression deception, the weak against oppression or intimidation, and the peaceful against or intimidation, and the peaceful against violence and disorder; and to respect violence and disorder; and to respect everyone’s constitutional rights to everyone’s constitutional rights to liberty, equality and justice.liberty, equality and justice.

Police Officer’s OathPolice Officer’s Oath

Do you agree with these ideals? Do you agree with these ideals?

What would you change? Why?What would you change? Why?

CasesCases

Abner LouimaAbner Louima

Amadou DialloAmadou Diallo

Rodney KingRodney King

Tell me???Tell me???

Why were the cops there?Why were the cops there?What did the victim of the brutality What did the victim of the brutality supposedly do?supposedly do?What did the cops do to the person? Was What did the cops do to the person? Was this brutality?this brutality?Why?? – Your opinion, thoughts.Why?? – Your opinion, thoughts.What happened to the police officers? What happened to the police officers? Was there any compensation to the Was there any compensation to the victim?victim?

Police/FBI goof-upsPolice/FBI goof-ups

Ruby Ridge-Ruby Ridge-

Waco – Branch Dividian-Waco – Branch Dividian-

Elian GonzalezElian GonzalezDemocratic convention of 1968-”Chicago 8” – Democratic convention of 1968-”Chicago 8” –

Kent State – Kent State –