Police Corruption. WHY?. Basic Requirements. U.S. Citizen Not have been convicted of a felony Have or be eligible to have a driver’s license in the state where the department is located Be at least 18 years of age (some jurisdictions – 21). Police Corruption.
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Police Corruption WHY?
Basic Requirements • U.S. Citizen • Not have been convicted of a felony • Have or be eligible to have a driver’s license in the state where the department is located • Be at least 18 years of age (some jurisdictions – 21)
Police Corruption • Policing is “an occupation rife with opportunities for misconduct. Policing is a highly discretionary, coercive activity that routinely takes place in private settings, out of the sight of supervisors and in the presence of witnesses who are often regarded as unreliable.” • Carl Klockers
Police Stressors • Constant fear of becoming a victim of violent crime. • Exposure to violent crime and its victims • The need to comply with the law in nearly every job action. • Lack of community support. • Negative media coverage.
Internal Police Stressors • Low Wages • Limited opportunity for career advancement. • Paperwork • Long hours/lack of sleep
Reasons for Corruption?? • Opportunity • Maturity level – Age • Educational level • Inadequate training • Police Culture that ignores corruption • Ineffective supervision • Failure to enforce a Code of Ethics
Types of Corruption • Internal Corruption – Illegal Acts and agreements within a police department • External Corruption – Illegal Acts and agreements with members of the public.
External Corruption • 1) Payoffs to police by essentially non-criminal elements who fail to comply with stringent statutes or city ordinances; • 2) Payoffs to police by individuals who continually violate the law as a method of making money. • 3) "Clean Graft" where money is paid to police for services, or where courtesy discounts are given as a matter of course to the police. To look the other way
Corruption • Motivating factors: • Profit • Power • Perceived “street” law enforcement
Police Subculture • Set of values, beliefs and acceptable forms of behavior characteristic of the police. • Homogeneous – similar in most parts of the world.
Police Subculture Values • Only a police officer can understand the “true nature” of police work. • The police officer is the only real crime fighter. • The courts have placed too many restrictions on police operations. • The public is fickle when it comes to police work. • Everyone else is out to get the police, therefore loyalty is important among police officers.
Police Subculture ELEMENTS • Sense of a mission • Combo of suspicion and paranoia • Police are a separate community • Resistance to change • Gender-based chauvinism • Bigoted views of minorities • Realism and pragmatism above respect for the law.
Authoritarian Suspicious Insecure Honorable Cynical Dogmatic Hostile Loyal Secret Conservative Efficient Individualistic Prejudiced Jerome Skolnick Police Personalities
Knapp Commission • Committee that investigated police corruption in NYC in the early 70’s • “grass eaters” – small bribes or relatively minor services offered by citizens seeking to avoid prosecution • “meat eaters” – serious forms of corruption. The officer actively seeks illicit money making opportunities.
Mollen Commission • 6 officers in 1992 in NYC arrested on drug charges. • Recommendations – permanent outside watchdog organization to oversee NYPD internal affairs. • Commission to Combat Police Corruption (CCPC) • Blue Wall of Silence • Walter Mack – create anti-brutality unit – forced out. 1995
Rampart • LAPD Rampart Division • Anti Gang Unit - CRASH • Bank Robbery • Station House Beating • Rafael Perez – arrested stole 6 lbs. Of cocaine from evidence room. • Over 100 convictions overturned • CRASH unit disbanded
Assignment • Find a police department in another state in a city with the same name as a city in Sumner Co. Tennessee. • See if they have a website. • You will need information on the following: • At what age can you become an officer? • What types of crime occurs in the city? • What is the training requirement for new officers? • How many officers are on the force? • What is the pay scale? • Do they have any policies on excessive force or high speed chases? • Other relevant information. (Try and get a patch sent to you)
Brutality History • Lynching – most pervasive form of policing of African Americans. • End of Reconstruction • Between 1882 and 1946 – 5,000 recorded lynchings. • a significant number of lynch victims were political activists, labor organizers, or black men and women deemed "insolent" or "uppity" toward whites • Congress wouldn’t pass an anti-lynching law. • Police participated in lynchings or released prisoners to a lynch mob.
Brutality History • Race Riots • 1900 NY – Black woman falsely arrested for solicitation while waiting for her husband. • 1917 East St. Louis – “Make East St. Louis a Lily White Town” Newspaper headline. • 150 Black residents killed, burned or maimed. • 6000 black residents driven from their homes. • 1919 – Red Summer – Lynchings daily • Chicago, Washington and Elaine, Arkansas • 1920’s half of all blacks that died at the hands of whites – murdered by police.
History • Race Riots • Zoot Suit Riots. • W WII • LA 1943 – Chicano Males • Jose Diaz dies and dozens of Chicano males were tried on scant evidence. – Drunk and hit by car. • Sailors claimed to have been beaten and robbed by Zootsuiters • June, 1943 sailors beat up and strip zootsuiters in East LA
History • 1950’s and 60’s – Civil Rights movement • More focused on desegregation • Early to mid 60’s rioting and police violence escalated. • Black Panthers and other groups • Late 60’s – arrested 60,000 people used tanks , machine guns and tear gas. • Militarized efforts.
Major sources of police civil liability • Failure to protect property in police custody. • Failure to render proper emergency care • Failure to aid private citizens • False Arrest • Inappropriate use of deadly force • Malicious Prosecution • Racial Profiling
Cases • Malley v. Briggs- False Arrest • Biscoe v. Arlington County- negligent pursuit • City of Canton v. Harris – • Failure to render proper emergency care • Board of County Comm. Of Bryan County v. Brown • Excessive force • Municipality must use deliberate indifference in its actions to be held liable.
Federal Cases • §1983 lawsuits • Bivens Action – against federal agents violating federal laws. • Hunter v. Bryant – reasonably but mistakenly conclude that probable cause is present – immunity. → false arrest • Idaho v. Horiuchi → excessive force
Deadly Force • Likely to cause death or great bodily harm • Tennessee v. Garner – Deadly force on a fleeing felon could only be used if he/she represents a significant threat to the public or officer. • Graham v. Connor – deadly force is viewed by a reasonable officer in the moment. Not with 20/20 hindsight.
Federal Deadly Force Policy • Defense of Life = p.c. to believe imminent danger • Fleeing Subject = p.c. to believe - felony with infliction of bodily harm and imminent danger of death or serious physical injury • Verbal Warnings = Yes • Warning Shots = no • Vehicles = no to disable them
Police Officer’s Oath • As a law enforcement officer, my fundamental duty is to serve humanity; to safeguard lives and property; to have integrity, to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence and disorder; and to respect everyone’s constitutional rights to liberty, equality and justice.
Police Officer’s Oath • Do you agree with these ideals? • What would you change? Why?
Cases • Abner Louima • Amadou Diallo • Rodney King
Tell me??? • Why were the cops there? • What did the victim of the brutality supposedly do? • What did the cops do to the person? Was this brutality? • Why?? – Your opinion, thoughts. • What happened to the police officers? • Was there any compensation to the victim?
Police/FBI goof-ups • Ruby Ridge- • Waco – Branch Dividian- • Elian Gonzalez • Democratic convention of 1968-”Chicago 8” – • Kent State –