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. Police Personalities Authoritarian Suspicious Insecure Honorable Cynical Dogmatic Hostile Loyal Secret Conservative Efficient Individualistic Prejudiced – Jerome Skolnick 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 W II 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 Zoot suiters June, 1943 sailors beat up and strip zoot suiters 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 RidgeWaco – Branch DividianElian Gonzalez Democratic convention of 1968-”Chicago 8” – Kent State –