Chapter 23: Police Misconduct (SGT/2015)

Question 1

• What are the major forms of police misconduct?

Answer 1

1. Police Crime. (Crimes related to occupation as LEO).
   - Officer steals property while investigating a burglary.
   - Officer steals drugs/money from a known drug dealer.
   - Officer forces a prostitute to perform sexual acts in back of patrol car.
2. Occupational Deviance. (Behavior occurred as a result of the officers authority)
   - Officer pulls over young females only to get phone numbers.
   - Officer takes and returns impounded property for personal use.
   - Officer sleeping on the job.
3. Corruption. (Misuse of authority for personal gain)
   - Accepting bribes for turning a blind eye to criminal activity.
   - Taking money or property from crime scenes.
   - Extorting money from suspects engaged in illegal activity.
4. Abuse of Authority.
   - Physical Abuse: Excessive force, brutality. The unjustifiable UOF under the color of the officer’s authority.
   - Psychological Abuse: Verbal abuse, harassment, or ridicule of a citizen by a police officer.
   - Legal Abuse: Violating a citizen’s state, federal or constitutionally guaranteed right.

Question 2

• What are consequences of police misconduct for police, the criminal justice system and community?

Answer 2

1. In many cases the conduct is a crime.
2. Often involve the protection and support other illegal activities.
3. Undermines the effectiveness of the criminal justice system.
4. Undermines professionalism and effectiveness of the PD.
5. Can cost taxpayers millions through paying officer bribes, protection money or paying the cost of criminal or civil judgments against police to victims.
6. Undermines public confidence and lead to strained police citizen relationships.

Question 3

• Is the rotten apple theory sufficient explanation for police misconduct? Why or why not?

Answer 3

• No. Reinforced the code of silence and prevents motivated police managers from starting reforms.
• Fails to explain the long history of police corruption/misconduct in some agencies.
• Does not explain when an honest officer becomes corrupt.

Question 4

• What are the primary structural characteristics of policing that contribute to misconduct?

Answer 4

• Legitimizing Police Deviance (The Law)
• -Legal privileges given to leo’s provide unprecedented opportunities to engage in deviance w/o arousing suspicion.
  - Criminal law requires leo’s to regulate criminal activities.
  - Laws that are unenforceable can lead to misconduct.
• Public Perception.
  - Public generally perceive leo’s as honest. This makes detecting police deviance harder to detect.
• Isolation and Discretion.
  - Leo’s spend most of their time alone.
  - Most citizen contacts with leo’s occur in isolation.
  - Leo’s exercise extraordinary discretion when carrying out duties.

   - Supervision.
    - Generally work with no direct supervision.
    - Lack of adequate supervision.

• Division of Labor/Specialization
  - Specialized units are at a greater risk for deviant behavior; Greater autonomy, limited supervision, greater secrecy, less accountability, greater exposure to corruption.
  - Specialized units develop their own identity and a stronger than usual solidarity.
• Limited Career Mobility and Salary.
  - Career advancement is limited.
  - Only way to get a significant pay raise is through promotion.
• The Subculture.
  - Key elements of this subculture include.
  - Secrecy, group solidarity, reliance on violence, don’t give up another cop, protect your ass, If you screw up don’t implicate anyone else.
  - “us vs. them” mentality

Question 5

• What are the key issues surrounding LEO decision to engage in a hot pursuit?

Answer 5

• Risk of causing injury to the officer, suspect, bystanders.
  
  • Risk of causing property damage.
  • More than 70% end in successful apprehension, 32% involve collisions, 20% in property damage, 13% in injury, 1.2% in fatalities.
  • Most begin because of minor traffic violations.
  • Excessive force is more likely following a pursuit.

Question 6

• Should accepting gratuities be prohibited for police?

Answer 6

• Issues include:
  - Can it leave an officer open to serious corruption?
  - Business owners expect something in return.
  - Leo’s should avoid even the appearance of impropriety.
  - IACP states that, “Officers shall report any unsolicited gifts, gratuities, or other items of value that they are offered and shall provide a full report of the circumstances of their receipt.”

Question 7

• What is racial profiling? Is it an acceptable form of police work? Why or why not?

Answer 7

• “The process of using certain racial characteristics, such as skin color, as indicators of criminal activity.”
  
  • Racial profiling represents a form of police misconduct on two levels:
    
    • First, racial profiling is a form of discrimination. It involves taking action based on prejudice. Racial profiling is a form of police misconduct.
    • Second, It involves the violation of ones constitutional protections against unreasonable search and seizure.