Police Process - Michigan State Universitykwakdaeh/cj335/Lecture15.pdf · Police Process Dae-Hoon Kwak ... • Baker & Carter’s Typology of Police Deviance - Occupational deviance

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Police ProcessPolice Process

DaeDae--Hoon KwakHoon KwakMichigan State UniversityMichigan State UniversityCJ 335CJ 335 Summer 2006Summer 2006

6/22/2006 CJ 335 Summer 2006

Lecture 15Lecture 15Police Corruption

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Outline for the lectureOutline for the lecture

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•• Define police corruptionDefine police corruption

•• Identify various types of police corruptionIdentify various types of police corruption

•• Explain levels and theories of police corruptionExplain levels and theories of police corruption

•• Understand both internal and external corruption control Understand both internal and external corruption control strategiesstrategies

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Definition of Police CorruptionDefinition of Police Corruption

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• Concept

- Acts involving the misuse of authority by a PO in a manner designed to produce gain for themselves or others

-- One of the oldest and persistent problems in PDsOne of the oldest and persistent problems in PDs

•• The Key ElementsThe Key Elements

-- Misuse of authorityMisuse of authority

-- Personal gainPersonal gain

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Definition of Police CorruptionDefinition of Police Corruption

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•• Baker & CarterBaker & Carter’’s Typology of Police Deviances Typology of Police Deviance

-- Occupational devianceOccupational deviance

a. Criminal and nona. Criminal and non--criminal behavior (e.g., corruption)criminal behavior (e.g., corruption)b. Committed during the course of normal work activities b. Committed during the course of normal work activities c. Include improper behavior that is not illegal c. Include improper behavior that is not illegal

(e.g.,, sleeping on the job)(e.g.,, sleeping on the job)

-- Abuse of authorityAbuse of authority

a. No personal gain, a. No personal gain, b. Injures or insults human dignityb. Injures or insults human dignityc. Violates inherent rights of citizens c. Violates inherent rights of citizens (e.g., illegal arrest, use of excessive force)(e.g., illegal arrest, use of excessive force)

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Cost of Police CorruptionCost of Police Corruption

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•• Corruption Imposes High Costs to CJ and SocietyCorruption Imposes High Costs to CJ and Society

-- A corrupt act is a criminal act: undermines basic integrity of A corrupt act is a criminal act: undermines basic integrity of LELE

-- Corruption usually protects other criminal activity Corruption usually protects other criminal activity (e.g., bribes to protect illegal gambling or drug trafficking)(e.g., bribes to protect illegal gambling or drug trafficking)

-- Undermines the effectiveness of the CJ system Undermines the effectiveness of the CJ system (e.g., officers routinely testify in court, reputation for (e.g., officers routinely testify in court, reputation for dishonesty damages their credibility in criminal cases)dishonesty damages their credibility in criminal cases)

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Cost of Police Corruption (cont.)Cost of Police Corruption (cont.)

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•• Corruption Imposes High Costs to CJ and Society (cont.)Corruption Imposes High Costs to CJ and Society (cont.)

-- Undermine the professionalism of a PD Undermine the professionalism of a PD (e.g., corruption encourage police lying to protect other (e.g., corruption encourage police lying to protect other officers)officers)

-- Organized corruption may involve a Organized corruption may involve a ““secret taxsecret tax”” upon upon business when police extract bribesbusiness when police extract bribes

-- Undermines public confidence in the policeUndermines public confidence in the police

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Types of Police CorruptionTypes of Police Corruption

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•• GratuitiesGratuities

-- Most common form of police corruption (e.g., free meals, Most common form of police corruption (e.g., free meals, discounts on other purchases)discounts on other purchases)

-- Some departments prohibit gratuities, others do notSome departments prohibit gratuities, others do not

-- Mixed motives for business ownersMixed motives for business owners

a. Represent a a. Represent a ““thank youthank you”” to officers for their jobto officers for their jobb. Other cases b. Other cases

(e.g., reflect self(e.g., reflect self--interest, presence of patrol cars near interest, presence of patrol cars near stores serves as a deterrence, expectation that stores serves as a deterrence, expectation that the police will return the favor with extra patrol)the police will return the favor with extra patrol)

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Types of Police Corruption (cont.)Types of Police Corruption (cont.)

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•• Gratuities (cont.)Gratuities (cont.)

-- Grass eaters vs. meat eatersGrass eaters vs. meat eaters

a. Grass eaters: those who passively accepted what was a. Grass eaters: those who passively accepted what was offered to themoffered to them

b. Meat eaters: those who aggressively demanded favorsb. Meat eaters: those who aggressively demanded favors

-- Open the door to more serious forms of corruption, Open the door to more serious forms of corruption, encourage officers to believe they are entitled to special encourage officers to believe they are entitled to special privileges and may lead officers to demand themprivileges and may lead officers to demand them

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•• BribesBribes

-- More serious form of corruption More serious form of corruption

-- For not enforcing the lawFor not enforcing the law (e.g., officer takes money not to (e.g., officer takes money not to write a traffic ticket, regular payoffs to protect gambling write a traffic ticket, regular payoffs to protect gambling operation(i.e., more systematic form))operation(i.e., more systematic form))

-- Sell information about criminal investigationsSell information about criminal investigations (e.g., alter (e.g., alter testimony (testimony (““forgettingforgetting”” information on the witness stand), information on the witness stand), destroying evidence, revealing important points about a destroying evidence, revealing important points about a prosecutionprosecution’’s case)s case)

-- Some bribes protect illegal activities , other bribes support Some bribes protect illegal activities , other bribes support legitimate businesseslegitimate businesses

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•• Theft and BurglaryTheft and Burglary

-- Particularly serious form of corruptionParticularly serious form of corruptiona. Officers taking money away from people arrested fora. Officers taking money away from people arrested for

drunkennessdrunkennessb. Stealing property, money or drugs from departmentb. Stealing property, money or drugs from department’’s s

property room, money and drugsproperty room, money and drugs

• Internal Corruption

- Buying promotions, transfers, or favored assignments with bribes

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Levels of Police CorruptionLevels of Police Corruption

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•• Variation among departmentsVariation among departments

-- Some departments have an occasionally deviant officerSome departments have an occasionally deviant officer

-- Corruption is systematic in othersCorruption is systematic in others

-- Different levels of corruption were identified based on the Different levels of corruption were identified based on the pervasiveness of corruption,its org., and the sources of pervasiveness of corruption,its org., and the sources of bribesbribes

-- Measuring corruption is difficultMeasuring corruption is difficult

a. Covert crimea. Covert crime----no victim to complainno victim to complainb. Exposure contingent upon often arbitrary factorsb. Exposure contingent upon often arbitrary factors(e.g., an aggressive news reporter)(e.g., an aggressive news reporter)

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Levels of Police Corruption (cont.)Levels of Police Corruption (cont.)

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•• Sherman Sherman –– 3 Types of Corruption3 Types of Corruption

-- Type I : least serious formType I : least serious form

a. Rotten apples: few officers independently engaged in a. Rotten apples: few officers independently engaged in corrupt actscorrupt acts

b. Rotten pockets: several officers cooperate with one b. Rotten pockets: several officers cooperate with one another (e.g., group of officers stealing drugs or money another (e.g., group of officers stealing drugs or money during drug raid)during drug raid)

-- Type II: higher degree of intensity (pervasive unorganized)Type II: higher degree of intensity (pervasive unorganized)

a. Majority of personnel is corrupta. Majority of personnel is corruptb. Have little relationship to each other (e.g., officers takingb. Have little relationship to each other (e.g., officers taking

bribes for not issuing traffic ticketsbribes for not issuing traffic tickets--not actively not actively cooperating with one another)cooperating with one another)

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Levels of Police Corruption (cont.)Levels of Police Corruption (cont.)

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•• Sherman Sherman –– 3 Types of Corruption (cont.)3 Types of Corruption (cont.)

-- Type III : most serious form (pervasive organized corruption)Type III : most serious form (pervasive organized corruption)

a. Oa. Organized level that penetrates higher levels of dept.rganized level that penetrates higher levels of dept.b. Systematic: shared among all members of a groupb. Systematic: shared among all members of a group

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Theories of Police CorruptionTheories of Police Corruption

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•• Individual Officer ExplanationsIndividual Officer Explanations

-- Most popular explanation of police corruptionMost popular explanation of police corruption

-- Rotten apples theoryRotten apples theorya. Emphasizes moral failings of individualsa. Emphasizes moral failings of individualsb. Provides convenient scapegoatsb. Provides convenient scapegoatsc. Avoids dealing with more difficult issuesc. Avoids dealing with more difficult issuesd. Points in the direction of a simple remedyd. Points in the direction of a simple remedy

-- Police officials prefer this explanationPolice officials prefer this explanationa. Allows them to blame a few individuals a. Allows them to blame a few individuals b. Prevents them from investigating larger problems in b. Prevents them from investigating larger problems in

departmentdepartmentc. Can appear to solve problem by firing guilty officersc. Can appear to solve problem by firing guilty officers

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Theories of Police Corruption (cont.)Theories of Police Corruption (cont.)

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•• Individual Officer Explanations (cont.)Individual Officer Explanations (cont.)

-- Appeals to private citizensAppeals to private citizensa. Can understand individual guilt better than more complex a. Can understand individual guilt better than more complex

issuesissuesb. Allows them to avoid making connection between b. Allows them to avoid making connection between

corruption and their own illegal activitiescorruption and their own illegal activities

-- Rotten apples theory is inadequateRotten apples theory is inadequatea. Does not account for long history of corruptiona. Does not account for long history of corruptionb. Does not explain why some honest people become corr.b. Does not explain why some honest people become corr.c. Does not explain why (i.e., some departments have long c. Does not explain why (i.e., some departments have long

history of corruption while others are relatively free of history of corruption while others are relatively free of corruption)corruption)

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•• Social Structural ExplanationsSocial Structural Explanations

-- Criminal lawCriminal law

a. a. Major cause of police corruptionMajor cause of police corruptionb. State and Federal laws prohibit or seek to regulate:b. State and Federal laws prohibit or seek to regulate:

i. many activities people regard as legitimatei. many activities people regard as legitimateii. matters of private choices (e.g., gambling, alcohol..)ii. matters of private choices (e.g., gambling, alcohol..)

c. Conflict of culture and lifestylesc. Conflict of culture and lifestylesd. Criminal syndicatesd. Criminal syndicates

-- Cultural Conflict: DCultural Conflict: Different groups have used the law to ifferent groups have used the law to prohibit behavior that offends their values; other groups prohibit behavior that offends their values; other groups regard the same behavior as legitimateregard the same behavior as legitimate

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•• Social Structural ExplanationsSocial Structural Explanations

-- Local Political CultureLocal Political Culture

a. Level of corruption is influenced by local political culturea. Level of corruption is influenced by local political cultureb. Corruption may occur because it pervades other parts of b. Corruption may occur because it pervades other parts of

the governmentthe governmentc. Little is known about how political culture affects LEc. Little is known about how political culture affects LE

•• Neighborhood ExplanationsNeighborhood Explanations

- Some neighborhoods may influence the deviant patterns of police officers assigned to an area (e.g., a great amount of pop.turnover, poverty, unemployment, racially mixed.. )

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•• The Nature of Police WorkThe Nature of Police Work

-- Police work provides many opportunities to be corrupta. Constant temptations from people seeking to corrupt

officersb. Organized crime syndicates (I.e., enormous financial

resources, explains why corruption has been the worst among vice officers)

- Officers generally work alone or in pairs with little supervision (i.e., low visibility work)

- Impact on officer attitudes: officers develop cynical attitude toward people, which can lead to “everyone does it” attitude

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•• Police OrganizationPolice Organization

-- The most important variable is leadership and the quality of The most important variable is leadership and the quality of management and supervisionmanagement and supervision

-- Corruption flourishes in departments that tolerate itCorruption flourishes in departments that tolerate it

-- Officers are more likely to succumb to corruption if they Officers are more likely to succumb to corruption if they believe they wonbelieve they won’’t be caught or if caught, the punishment t be caught or if caught, the punishment will not be severewill not be severe

-- Haarr studyHaarr studya. Officers with low level of org.commitment: more likely to a. Officers with low level of org.commitment: more likely to

engage in work avoidance and misconduct (e.g., E.F)engage in work avoidance and misconduct (e.g., E.F)b. Officers with high level of org.com.: more likely to b. Officers with high level of org.com.: more likely to

engage in deviance for the org. (e.g., arrest reports)engage in deviance for the org. (e.g., arrest reports)

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•• Police SubculturePolice Subculture

-- This is major fact in both creating corruption, by initiating This is major fact in both creating corruption, by initiating officers into corrupt activities, and sustaining it, by coveriofficers into corrupt activities, and sustaining it, by covering ng up corrupt activities by other officersup corrupt activities by other officers

-- This is in large part a consequence of peer pressure, which is This is in large part a consequence of peer pressure, which is particularly strong among officersparticularly strong among officers

-- The subculture puts a high value on loyalty and group The subculture puts a high value on loyalty and group solidarity (i.e., officers who are not loyal solidarity (i.e., officers who are not loyal ostracized by ostracized by other officers)other officers)

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Becoming CorruptBecoming Corrupt

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•• How POs Become CorruptHow POs Become Corrupt

-- With few exceptions, most officers are honest at the outset With few exceptions, most officers are honest at the outset of their careersof their careers

-- ““Moral CareersMoral Careers”” of a PO (Sherman): of a PO (Sherman): ““SocializationSocialization””

a. Stage 1: start with minor gratuities (e.g., meals), peer a. Stage 1: start with minor gratuities (e.g., meals), peer pressure, more grass eater typepressure, more grass eater type

* * Most officers never move beyond the first stageMost officers never move beyond the first stage

b. Stage 2 &3: regulatory or minor offenses (e.g., free drink b. Stage 2 &3: regulatory or minor offenses (e.g., free drink from bar owner, let bar stay open after hours), peer from bar owner, let bar stay open after hours), peer pressure, if knowledge that other officers are doing samepressure, if knowledge that other officers are doing same

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Becoming Corrupt (cont.)Becoming Corrupt (cont.)

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•• How POs Become Corrupt (cont.)How POs Become Corrupt (cont.)

-- ““Moral CareersMoral Careers”” of a PO (Sherman) of a PO (Sherman) (cont.)

c. Stage 4 to 5: starts to solicit bribes, more serious c. Stage 4 to 5: starts to solicit bribes, more serious violation, becomes more systematic, usually involves violation, becomes more systematic, usually involves larger sums of money, more meat eater stylelarger sums of money, more meat eater style

d. Stage 5 to 6: regular payoffs (e.g., gambling, drugs..), d. Stage 5 to 6: regular payoffs (e.g., gambling, drugs..), actively assist in illegal activity (e.g., PO sell drugs), biactively assist in illegal activity (e.g., PO sell drugs), big g time aggressive meat eater typetime aggressive meat eater type

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Becoming Corrupt (cont.)Becoming Corrupt (cont.)

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•• Corrupting OrganizationsCorrupting Organizations

-- The concept of a The concept of a ““moral careersmoral careers”” can occur to a dept. can occur to a dept.

-- Stage 1: Corruption involves isolated individuals or few Stage 1: Corruption involves isolated individuals or few isolated groupsisolated groups

-- Stage 2 & 3: Virtually all officers are engaged in corrupt actsStage 2 & 3: Virtually all officers are engaged in corrupt acts

-- Final Stage: Involve pervasive organized corruption, virtually Final Stage: Involve pervasive organized corruption, virtually all officers are engaged in systematic all officers are engaged in systematic arrangements with criminal elementsarrangements with criminal elements

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Controlling CorruptionControlling Corruption

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•• Internal MechanismsInternal Mechanisms

-- Attitude of the ChiefAttitude of the Chiefa. Must make it clear that corruption will not be tolerateda. Must make it clear that corruption will not be toleratedb. Risks in taking a strong public stand against corruptionb. Risks in taking a strong public stand against corruption

-- Rules and RegulationsRules and Regulationsa. Clearly defining what actions will not be tolerateda. Clearly defining what actions will not be toleratedb. A line clearly drawn developed by written policies that b. A line clearly drawn developed by written policies that

specify forbidden actsspecify forbidden acts

-- Managing Anticorruption Investigations (IAU)Managing Anticorruption Investigations (IAU)a. Successful anticorruption effort requires some elements a. Successful anticorruption effort requires some elements

(strong management support (chief), sufficient numbers (strong management support (chief), sufficient numbers of personnel)of personnel)

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Controlling Corruption (cont.)Controlling Corruption (cont.)

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•• Internal Mechanisms (cont.)Internal Mechanisms (cont.)

-- Managing Anticorruption Investigations (cont.)Managing Anticorruption Investigations (cont.)b. Some of problems of IAU (e.g., do not want the b. Some of problems of IAU (e.g., do not want the

assignment, regard them as snitches, violates the norms assignment, regard them as snitches, violates the norms of group solidarity, union contracts)of group solidarity, union contracts)

-- Investigative TacticsInvestigative Tacticsa. Many corruption investigations must be initiated on their a. Many corruption investigations must be initiated on their

own as there are no complaining parties (i.e., victimless)own as there are no complaining parties (i.e., victimless)b. The major problem has always been the b. The major problem has always been the ““blue curtainblue curtain”” of of

silence where the refusal of officers to testify against silence where the refusal of officers to testify against corrupt officers existscorrupt officers exists

c. Successful investigations have often relied on a few c. Successful investigations have often relied on a few corrupted offices who cooperatedcorrupted offices who cooperated

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-- Cracking the Cracking the ““Blue CurtainBlue Curtain””a. To crack this a. To crack this ““curtaincurtain””, it has been argued that polices , it has been argued that polices

that punish officers for failing to report misconduct that punish officers for failing to report misconduct immediatelyimmediately

b. However, policies that punish officers for failing to report b. However, policies that punish officers for failing to report misconduct immediately discourage officers from misconduct immediately discourage officers from reporting misconduct later, which further serves to reporting misconduct later, which further serves to reinforce the need for secrecyreinforce the need for secrecy

-- Proactive Integrity TestsProactive Integrity Testsa. Involves targeting officers who are under suspicion, a. Involves targeting officers who are under suspicion,

called called ““directed integrity testsdirected integrity tests””, or the random selection , or the random selection of officers, called of officers, called ““randomized integrity testsrandomized integrity tests”” (e.g., NYPD (e.g., NYPD 1% failed (2,500 POs)1% failed (2,500 POs)

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-- Effective SupervisionEffective Supervisiona. Good firsta. Good first--line supervision is the best way to control line supervision is the best way to control

deviance (cf. active supervisor style)deviance (cf. active supervisor style)b. Early warning systems: identify officers with chronic b. Early warning systems: identify officers with chronic

problems, not just designed for punishment, also address problems, not just designed for punishment, also address problems early in developmentproblems early in development

-- Personnel RecruitmentPersonnel Recruitmenta. Effective screening of recruits is an important element in a. Effective screening of recruits is an important element in

controlling corruptioncontrolling corruptionb. Background investigations of job applicants are regarded b. Background investigations of job applicants are regarded

as an essential part of an effective anticorruption effort as an essential part of an effective anticorruption effort (e.g., prior drug history (experimentation, use, or abuse), (e.g., prior drug history (experimentation, use, or abuse), felony conviction)felony conviction)

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•• External MechanismsExternal Mechanisms

-- Special InvestigationsSpecial Investigationsa. Advantage: independent of the PDa. Advantage: independent of the PDb. Disadv. : lack of intimate knowledge of the inner b. Disadv. : lack of intimate knowledge of the inner

workings of the org., arouse hostility of rankworkings of the org., arouse hostility of rank--andand--file file officers, refuse to cooperateofficers, refuse to cooperate

-- Criminal ProsecutionsCriminal Prosecutionsa. Prosecution under state law is one potential remedy but a. Prosecution under state law is one potential remedy but

very few officers are seriously punishedvery few officers are seriously punishedb. Federal law as federal prosecutors: have fewer ties to b. Federal law as federal prosecutors: have fewer ties to

local CJ officials (e.g., 10 times more likely to prosecute local CJ officials (e.g., 10 times more likely to prosecute the case than county prosecutors)the case than county prosecutors)

c. May not be a longc. May not be a long--term remedyterm remedy

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•• External Mechanisms (cont.)External Mechanisms (cont.)

-- Mobilizing Public Opinion: media play important role in Mobilizing Public Opinion: media play important role in shaping public opinion about corruption, often expose shaping public opinion about corruption, often expose corruption and set in motion the reform process, but ignores corruption and set in motion the reform process, but ignores underlying causes of corruptionunderlying causes of corruption

-- Altering the external environment: dept.s not completely at Altering the external environment: dept.s not completely at the mercy of external political environment the mercy of external political environment new political new political environment that was less supportive of corruptionenvironment that was less supportive of corruption

-- The limits of antiThe limits of anti--corruption efforts: rules and regulations are corruption efforts: rules and regulations are ineffective but limit the capacity of agencies to be creative ineffective but limit the capacity of agencies to be creative and flexible in carrying out their basic missionsand flexible in carrying out their basic missions

Documents

Police Process - Michigan State Universitykwakdaeh/cj335/Lecture15.pdf · Police Process Dae-Hoon Kwak ... • Baker & Carter’s Typology of Police Deviance - Occupational deviance