Police Brutality

advertisement
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 –
Download