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1236.ch12 6/17/04 11:32 AM Page 291 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. CHAPTER Police Ethics and Police Deviance CHAPTER OUTLINE CHAPTER GOALS I 12 ### Ethics and the Police The Dilemma of Law versus Order Review of the Police Police Corruption Corruption Makes Good Books and Films Examples of Police Corruption Types and Forms of Corruption Noble Cause...

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6/17/04 1236.ch12 11:32 AM Page 291 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. CHAPTER Police Ethics and Police Deviance CHAPTER OUTLINE CHAPTER GOALS I 12 ### Ethics and the Police The Dilemma of Law versus Order Review of the Police Police Corruption Corruption Makes Good Books and Films Examples of Police Corruption Types and Forms of Corruption Noble Cause Corruption Effects of Police Corruption Reasons for Police Corruption Responses to Police Corruption Other Police Misconduct Drug Abuse and Trafcking Drug-Related Corruption Drinking and Alcohol Abuse Cooping Police Deception Abuse of Authority Police Sexual Violence Domestic Violence in Police Families Police Brutality The Tradition of Police Brutality Examples of Police Brutality Is Brutality Really the Problem? Police Department Responses to Police Brutality Citizen Oversight The Emotional Toll Promoting Integrity I I I I To acquaint you with the various denitions, the types, and the extent of police corruption To explore various reasons for police corruption To acquaint you with forms of police misconduct other than police corruption, including misuse of alcohol and illegal drugs, cooping, and police deception To discuss the denition, types, and extent of police brutality To explore various responses to police brutality, including citizen complaint review boards 291 1236.ch12 6/17/04 11:32 AM Page 292 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 292 Part III / Police Operations One of the authors recalls being asked by a student why there are so many studies of deviance by police ofcers, when other occupational groups rarely study deviance in their ranks. His answer was simple: We give loaded guns and almost unlimited power to the men and women we appoint as police ofcers. We dont do that for most other occupations. Police ofcers in the United States are given tremendous authority and wide latitude in using that authority. In addition, to the average citizen, the police are the most visible symbol of not only the U.S. criminal justice system, but also the U.S. government. Many police ofcers complain that the press overdoes coverage of corrupt or brutal police ofcers. The 1991 Rodney King tape (the home videotape of the beating of African American motorist Rodney King by four white Los Angeles police ofcers) was broadcast over every television network in the United States for weeks. The 1997 Abner Louima case (in which a New York City police ofcer allegedly inserted a stick into the rectum of a prisoner and then put the feces- and blood-covered stick into the prisoners mouth) was worldwide news and will probably continue to be so for years. Police ofcers always ask, Why do they [the media] try to make us all look bad? It was only a few cops, not all cops. Ofcers also complain about the media attention given to the allegations of racism, brutality, and abuse of authority of Detective Mark Fuhrman in the worldwide television coverage and commentary in the O. J. Simpson murder trial. Hey, hes only one cop; were not like that. We must remember that the media operate under the following philosophy: If a dog bites a person, that is not news. Dogs bite people every day of the week. But if a person bites a dog, thats news. The news is that which is different and not normal. Police ofcers across the United States do hundreds of thousands of good acts a day. They arrest lawbreakers, nd lost children and people suffering from Alzheimers, walk the elderly across the street, bring the sick and injured to the hospital, deliver babies, stop ghts and arguments, and counsel the confused. That is their job, and they do it well, but that is not news. But when the very people we trust to uphold our lawto serve as the model of what our law is and what it stands forviolate that law, that is news. That is the person biting the dog. It is healthy that police misconduct is news. Imagine if this misconduct were so common that it did not qualify as news. It must be remembered, before reading this chapter, that the vast majority of the over 800,000 men and women in our nations law enforcement agencies are extremely ethical. Unfortunately, a few are not. Therefore, this chapter must exist. However, it is, indeed, about the person biting the dog, not the dog biting the person. This chapter will discuss ethics; police deviance, including police corruption and other misconduct such as drug and alcohol abuse, cooping, police sexual violence, domestic violence in police families, police deception and abuse of authority; and police brutality. ### ETHICS AND THE POLICE What is ethics? James N. Gilbert, in his article Investigative Ethics, tells us that ethics can be dened as the practical, normative study of the rightness and wrongness of human conduct. He says that all human conduct can be viewed in the context of basic and applied ethical considerations. Basic ethics are the rather broad moral principles that govern all conduct, while applied ethics focuses these broad principles upon specic applications. For example, a basic ethical tenet assumes that lying is wrong. Applied ethics would examine and govern under what conditions such a wrong would indeed take place.1 Gilbert concludes The ethical dilemmas which face our police will not disappear as the world becomes more sophisticated and technological. On the contrary, such developments only widen the gap between professional behavior and possible unethical actions. As judicial guidelines become more complex, criminal operation more skilled, the temptation towards unethical conduct increases. Accordingly, education and training which addresses the poignant issue of ethical decision making will truly aid the investigator [and police ofcer].2 There has been a growing interest in ethics in the academic and law enforcement literature over the past few decades, including textbooks, studies, journal articles, and media articles.3 Many departments and law enforcement organizations are promoting in-service training in the area of ethics. The International Association of Chiefs of Police (IACP) offers courses in ethics including Ethical Standards in Police Service, Force Management, and Integrity Issues and Value-Centered Leadership: A Workshop on Ethics and Quality Leadership. Some departments, such as the Santa Monica Police Department, have facilitated ethics training as part of their commitment to community policing. The department recognized that trust is a vital element of community policing and that ethical people inspire trust while unethical people do not. They realized that ethics training would help the department recognize its full potential.4 1236.ch12 6/17/04 11:32 AM Page 293 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 293 The Greek philosopher Aristotle in his classic Nicomachean Ethics stated that every art and every inquiry and similarly every action and choice is thought to aim at some good.5 Is Aristotles good what we mean as ethics? This author thinks so. Could Aristotles denition of good or ethics be the same as our modern saying do the right thing? Yes! If one is ethical, he or she does the right thing. If one does the right thing, he or she is ethical. Remember, the vast majority of the over 800,000 men and women in our police departments and other law enforcement agencies are ethical. They do the right thing hundreds of times a day. Unfortunately, some are not ethical. Some do the wrong thing. How do we measure police ethical standards? What standards have been established to determine how police ofcers should act? Joycelyn Pollock, in her excellent book, Ethics in Crime and Justice: Dilemmas and Decisions, identied some of these standards: I I I Organizational value systems or codes of ethics designed to educate and guide the behavior of those who work within the organization An oath of ofce, which can be considered a shorthand version of the value system or code of ethics The Law Enforcement Code of Ethics as promulgated by the International Association of Chiefs of Police (IACP) (See Appendix B of this text for the Law Enforcement Code of Ethics and the Police Code of Conduct.)6 Other standards governing police ethics are the U.S. Constitution and the Bill of Rights, case law as determined by appellate courts and the U.S. Supreme Court, and federal and state criminal laws and codes of criminal procedure. Although these standards appear on the surface to set a perfect example for police ofcers and mandate exemplary performance by them, how widely accepted and followed are they by individual ofcers and departments? As Pollack explains, the police subculture, as discussed in Chapter 6 of this text, often works against these ofcial ethical precepts: It is apparent that the formal code of ethics or the organizational value system is quite different from subculture values. Violations of formal ethical standards such as the use of force, acceptance of preferential or discriminatory treatment, use of illegal investigation tactics, and differential enforcement of laws are all supported by the subculture. The police subculture has an ethical code of its own.7 create police deviance. Whatever the reason, deviance certainly occurs in policing. However, remember, as most ofcers know and apparently the public knows, most of our nations police ofcers are highly ethical. Albert Cantara, a psychologist for the Austin, Texas, Police Department, addresses some of these issues in his article entitled An Open Letter from a Police Psychologist to all ofcers. He states that training and education in ethics can be very benecial and helpful to the ofcer in putting the code of honor before the code of silence. He also emphasizes the role of the organization and supervisors in protecting their personnelespecially those in high-risk specialties. He stresses proper selection techniques, mandatory periodic counseling, and proactive supervisors who are quick to take action if they observe any potential problems arising.8 Evidence exists that the U.S. public believes to a great extent that our police are good, and ethical, and do the right thing. In a 2001 Gallup poll asking respondents to rate the honesty and ethical standards of various occupations, the police came in with an 94 percent positive rating, with 23 percent of the public rating them very high, 45 percent rating them high, and 26 percent rating them average. Only 6 percent of respondents gave them a low or very low rating. Ranking lower than police ofcers in honesty and ethical standards were bankers, journalists, business executives, stockbrokers, lawyers, labor union leaders, insurance salespeople, advertising practitioners, members of Congress, and even doctors, dentists, and college teachers. Only a few occupations rated higher than police, including reghters, military, nurses, and clergy.9 In fact, in a report prepared by the Administration of Justice Program at George Mason University for the IACP in October of 2001, the authors found that not only do the police consistently rank among the institutions and occupations in which the public expresses the highest condence and trust, but most citizens are satised with police service in their own neighborhood. Interestingly, the majority of citizens have not had face-to-face contact with police and therefore their opinions are primarily based on secondhand information and media accounts.10 ### THE DILEMMA OF LAW VERSUS ORDER Police corruption and police brutality have always been part of policing. The names, places, and times change, but corruption and brutality remain. There has always been an Perhaps it is the police subculture, or perhaps it is just the individual actions of ofcers or groups of ofcers that 1236.ch12 6/17/04 11:32 AM Page 294 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 294 Part III / Police Operations inherent conict in the role of the police in maintaining law and order in U.S. society. Jerome Skolnick calls this conict the dilemma of law versus order, referring to police efforts at maintaining law and order but doing so under the restraints of the law.11 It would be very easy to maintain law and order by ensuring that our cops were bigger, meaner, and tougher than our criminals, and by letting the cops just beat up all the criminals to ensure a safe society. Of course, we cannot do that. We must have our police comply with the same law they are paid to enforce. As Howard Abadinsky says, Whatever goals and objectives we assign the police, we insist that they be achieved in conformity to law, and this is no small task.12 Elmer Johnson points out that police observance of individual rights is essential to making democracy a reality in a mass society but achievement of this ideal is made particularly difcult by demands that the police also be efcient in protecting the community against criminals and the disorder attending social unrest.13 Police ofcers face ethical dilemmas everyday. They make difcult decisions on a daily basis utilizing discretion. Every situation is different, and circumstances surrounding an incident may determine whether or not an arrest is made. Ofcers have to weigh many variables and sometimes contemplate accomplishing the most good for the greatest number of people. Whenever they do this, they are open to questioning and criticism. If they considered the wrong factors (race, ability to gain inuence, payoffs) in making these decisions, they could be on the slippery slope to corruption. UPI/Corbis-Bettman Frank Serpico testifying at the Knapp Commission hearings on police corruption in 1970. In addition to the national commissions, numerous state and local commissions, panels, and hearings have looked into the behavior and operations of the police. The most notable was the Knapp Commission to Investigate Allegations of Police Corruption in New York City (known as the Knapp Commission).15 The Knapp Commission was created in 1970 by New York City mayor John V. Lindsay in response to a series of articles in the New York Times detailing organized, widespread police corruption in New York City. It held public ### REVIEW OF THE POLICE Possibly because of the dilemma of law versus order, the police are constantly under review by government agencies, including federal, state, and local agencies; the courts; academics; the media; and the general public. Numerous national commissions have looked into the operations of the police. Among the most noteworthy were the National Commission on Law Observance and Enforcement, more popularly known as the Wickersham Commission (1931); the Presidents Commission on Law Enforcement and Administration of Justice (1967); the National Advisory Commission on Civil Disorders (1968); the National Advisory Commission on Criminal Justice Standards and Goals (1973); and the Commission on Accreditation for Law Enforcement Agencies (1982).14 National Commissions Overseeing the Police 1931 1967 1968 1973 1982 National Commission on Law Observance and Enforcement Presidents Commission on Law Enforcement and Administration of Justice National Advisory Commission on Civil Disorders National Advisory Commission on Criminal Justice Standards and Goals Commission on Accreditation for Law Enforcement Agencies 1236.ch12 6/17/04 11:32 AM Page 295 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 295 The Knapp Commission Discovers Corruption The Knapp Commission was created in 1970 by New York City mayor John V. Lindsay in response to allegations brought by New York City police ofcers Frank Serpico and David Dirk of widespread corruption in the New York City Police Department. These allegations were detailed in several articles in the New York Times and received national attention. The hearings conducted by the commission also received national attention in the media. The committees nal report was issued in 1972, and its ndings were responsible for widespread changes in the policies and operations of the NYPD. The types of corruption in the NYPD discovered by the Knapp Commission through its hearings, investigations, and informants were so many and so varied that they could ll volumes. The Knapp Commission discovered corruption in the following areas: 1. Gambling. Ofcers assigned to plainclothes (antigambling) units received regular monthly payments from the operators of illegal bookmaking, policy, and other gambling operations. The regular monthly payments were called the pad. Other payments that involved onetime-only payments were called scores. 2. Narcotics. Ofcers assigned to narcotics units extorted money and other bribes, including drugs, from drug addicts and dealers. The ofcers also conducted illegal wiretaps and used other unlawful investigatory techniques. Ofcers engaged in aking people (claiming someone was in possession of narcotics when he or she was notthe drugs used for evidence were from the ofcers own supply) and padding arrests (similar to aking, but involving adding enough extra narcotics, or felony weight, to the defendants total to raise the charge to a felony). 3. Prostitution. Ofcers involved in plainclothes units had maintained pads and received scores from houses of prostitution, prostitute bars, and prostitutes. 4. Construction. Uniformed ofcers received payoffs from contractors who violated city regulations or who did not possess proper licenses and permits. 5. Bars. Ofcers received payoffs from licensed and unlicensed bars to overlook crimes and violations. 6. Sabbath law. Ofcers received payoffs from food store owners to allow the owners to violate the Sabbath law, a former New York City law that required certain food storessuch as delicatessens, groceries, and bodegas to close down on Sundays. 7. Parking and trafc. Ofcers received payoffs from motorists who wanted to avoid trafc summonses, as well as from business establishments to discourage ofcers from issuing summonses for illegal parking in front of their businesses. 8. Retrieving seized automobiles from the police. Ofcers at city automobile storage yards received payments from owners to retrieve their automobiles. 9. Intradepartmental payments. Certain ofcers received payments for doing paperwork for other ofcers and for temporary assignments, permanent assignments, and medical discharges. 10. Sale of information. Ofcers received payments for the sale of condential police information to criminals and private investigation rms. 11. Gratuities. Ofcers received free meals, drinks, hotel rooms, merchandise, Christmas payments, and other gifts and tips for services rendered. 12. Miscellaneous. Ofcers received payments from fortunetellers, loan sharks, automobile theft rings, hijackers, and peddlers. Ofcers stole money and property from dead bodies (DOAs) and their apartments. They burglarized stores and other premises. The Knapp Commissions report distinguished between two types of corrupt ofcers: grass eaters and meat eaters. Grass eating, the most common form of police deviance, was described as illegitimate activity that occurs from time to time in the normal course of police work, such as taking small bribes or relatively minor services offered by citizens seeking to avoid arrest or to get special police services. Meat eating, in contrast, was a much more serious form of corruption involving the active seeking of illicit moneymaking opportunities. Meat eaters solicited bribes through threat or intimidation, whereas grass eaters made the simpler mistake of not refusing those that were offered. Source: Adapted from Knapp Commission, Report on Police Corruption (New York: Braziller, 1973), pp. 15. 1236.ch12 6/17/04 11:32 AM Page 296 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 296 Part III / Police Operations hearings, and its ndings caused widespread changes in the policies and operations of the New York City Police Department. The police are also under constant review by the U.S. judicial system through the process of judicial review, as was discussed in Chapter 11. Judicial review is the process by which the actions of the police in such areas as arrests, search and seizure, and custodial interrogation are reviewed by the U.S. court system at various levels to ensure the constitutionality of those actions. Judicial review has resulted in such landmark Supreme Court cases as Mapp v. Ohio and Miranda v. Arizona, which were discussed in Chapter 11. In addition, the police are reviewed daily by the media: newspapers, magazines, radio, and television. Finally, they are under constant review by citizens, many of whom do not hesitate to report what they consider to be deviant conduct to the media, to the police themselves, or to other legal authorities. Ofcers high visibility often puts them under the microscope. The police today act in many types of situations, and it is difcult for courts or police administrators to predict every possible situation that could arise. This, coupled with the fact that the legal authority of the police is constantly changing as is the interpretation of the constitutional limitations of the police by the courts, leads to a dynamic and challenging situation.16 something of value (other than his or her paycheck) for doing something or for refraining from doing something. It is often difcult to distinguish among bribes, gratuities, and gifts. Is giving an ofcer a free cup of coffee or a sandwich an act of corruption? Michael Feldberg writes, Sometimes, it is difcult to distinguish between genuine gifts (such as Christmas gifts), gratuities, bribes and corruption. At times, however, accepting any kind of gift is the beginning of the slippery slope syndrome where the path is paved for accepting other, larger gratuities in the future and eventually bribes.20 In the wake of the allegations of tremendous corruption in the New York City Police Department that led to the establishment of the Knapp Commission, reform police commissioner Patrick V. Murphy told his ofcers, Except for your pay check there is no such thing as a clean buck.21 Although some would dispute this, there is no question that Commissioner Murphy knew what he considered to be corruption and that he was holding his ofcers accountable for it. Corruption Makes Good Books and Films Police corruption is a popular topic in literature and lm. Does life imitate art, or does art imitate life? This eternal question is easily answered when we discuss police corruption: Art imitates life. As an example, the novel Serpico, by Peter Maas, and the movie starring Al Pacino were great successes.22 Serpico tells the true tale of an honest NYPD plainclothes ofcer, Frank Serpico, who roams the police department and city government for a seemingly endless time in an attempt to report that there is corruption in his plainclothes division in the Bronx. Serpico tells his supervisors, his commanders, the chief of personnel, an assistant to the mayor, and the citys Department of Investigation his tale, and nothing is done; corruption remains rampant. Finally, frustrated in his efforts, Serpico and a friend, Sergeant David Dirk, report their allegations to a reporter for the New York Times. This leads to the formation of the Knapp Commission and widespread changes in the NYPDs policies and procedures initiated by Commissioner Murphy, who was appointed soon after the allegations were made. The novel Prince of the City: The Story of a Cop Who Knew Too Much, by Robert Daley, and the movie of the same name starring Treat Williams also were great successes.23 Prince of the City tells the true story of a corrupt, experienced narcotics detective, Robert Leuci, assigned to the elite Special Investigations Unit of the New York City Police Departments Narcotics Division. Leuci was a cor- ### POLICE CORRUPTION Police corruption has many denitions. Herman Goldstein denes it as acts involving the misuse of authority by a police ofcer in a manner designed to produce personal gain for himself or others.17 Frederick A. Elliston and Michael Feldberg dene corruption as the acceptance of money or the equivalent of money by a public ofcial for doing something he or she is under a duty to do anyway, that he or she is under a duty not to do, or to exercise legitimate discretion for improper reasons.18 Richard J. Lundman denes police corruption as when ofcers accept money, goods, or services for actions they are sworn to do anyway. It also exists when police ofcers accept money, goods, or services for ignoring actions they are sworn to invoke legal procedures against.19 Although these denitions differ, we can nd enough commonalities to dene corruption for our purposes as follows: A police ofcer is corrupt when he or she is acting under his or her ofcial capacity and receives a benet or 1236.ch12 6/17/04 11:32 AM Page 297 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 297 rupt cop who, to save his own skin, worked as a federal informer to obtain evidence to put his partners behind bars. The book Buddy Boys: When Good Cops Turn Bad, by Mike McAlary, was a best seller.24 Buddy Boys is also a true tale of 13 corrupt police ofcers in Brooklyns 77th Precinct who stole drugs from drug dealers, sold drugs and guns, and committed other nefarious crimes. The movie L.A. Condential, which was released in 1997, portarys life in the 1940s in Hollywood. Police corruption together with other types of corruption is portrayed throughout the story. Some of the factors that contribute to or facilitate police corruption can be seen throughout the movie, including power, nancial gain, and job advancement. The Twenty-Year Theory of Corruption in the NYPD History has proved the theory that a major corruption scandal occurs in the New York City Police Department approximately every 20 years. These scandals have resulted in major investigations and public hearings. This theory was again proved with the Mollen Commission, which in September and October 1993 investigated charges of corruption in several NYPD precincts. This commission was brought about by the arrest of corrupt ofcer Michael Dowd and his associates, who stole drugs in their inner-city precincts and sold them in their suburban communities. The following time line lists the scandals: 1890s 1910s 1930s 1950s 1970s 1990s The Lexow Commission and the Mazet Commission The Curran Committee and the Becker/ Rosenthal Scandals The Seabury Hearings The Harry Gross Investigation The Knapp Commission The Mollen Commission Examples of Police Corruption Despite all the attention police corruption has received in history and the efforts by police administrators to detect and eradicate it, there are still numerous recent examples of large-scale police corruption. During the 1980s, 75 Miami police ofcers were arrested for serious acts of police corruption. Seven of these ofcers, who were dubbed the Miami River Cops, were charged with high-level drug dealing. Three of them have also been charged with murder.25 In 1992, six New York City police ofcers, including Police Ofcer Michael Dowd, were arrested and charged with buying drugs in their inner-city precincts and selling them in the suburban communities in which they lived. This arrest led to allegations of murders committed by some of the ofcers, as well as charges that NYPD internal affairs investigators had known about the corrupt acts by these ofcers for years prior to the arrests and had taken no action. This resulted in the formation, by Mayor David Dinkins, of another Knapp-style commission to investigate corruption in the New York City Police Department.26 This case supports the theory that a major corruption scandal surfaces every 20 years in the NYPD. The theory holds that after the scandal and the resultant investigatory commission, the department vigorously ghts corruption and prevents large-scale, organized corruption from resurfacing. However, approximately 20 years later, it will resurface anyway. In 1996, three Detroit police ofcers and one former ofcer were named in a federal indictment that accused them of being key players in a Texas-to-Michigan cocainesmuggling ring. Also, six current and former police ofcers from Ford Heights, Illinois, 30 miles south of Chicago, were indicted for taking bribes to look the other way as more than 20 drug dealers conducted a brisk, brazen business in the small, impoverished town.27 Also in 1996, former New Orleans police ofcer Len Davis was sentenced to death for arranging the murder of a woman who had led a brutality complaint against him. Davis was only one of several New Orleans ofcers charged in a 1994 FBI sting for transporting and guarding shipments of cocaine. Davis is not the only New Orleans ofcer on death row. Another ofcer, charged with the murder of a fellow ofcer during a robbery, has also been sentenced to death.28 In 2003, a Federal Jury convicted three Miami ofcers of conspiracy for covering up questionable shootings that occurred from 1995 to 1997. Eleven ofcers had been indicted, two had previously pled guilty and testied at the trial, three were found not guilty, and mistrials were declared regarding the remaining three ofcers. The ofcers received sentences ranging from 13 months to 37 months in prison coupled with 3 years of supervised release.29 1236.ch12 6/17/04 11:32 AM Page 298 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 298 Part III / Police Operations Corruption is not limited to rank-and-le police ofcers. In 1992, Chief William L. Hart, Detroits police chief since 1976, retired after a federal jury convicted him of stealing $2.6 million from police department funds.30 In 1996, Newark, New Jersey, Police Director William Celester was forced out of ofce after being named in a wide-ranging indictment. He was charged with numerous counts of malfeasance, including mail and wire fraud, tax fraud, accepting illegal gratuities, making a false statement, and forging documents. In a plea bargain in July 1996, Celester pleaded guilty to using nearly $30,000 from a police account to pay for vacations, airline tickets, gifts for his girlfriends, and other personal expenses.31 In 2001, a city manager in Miami who had previously been the police chief was charged with taking almost $70,000 from a youth anticrime group while he was police chief during the 1990s. He was on the charitys board of directors for nine years. He served a year in prison, was ordered to repay the money, and lost his police pension.32 In 2003, a Hackensack, New Jersey, police ofcer who was also the union treasurer pled guilty to stealing $180,000 from the union to support his gambling habit. Most of the money came from the unions death benets fund, meant to help deceased ofcers families.33 Corruption and misconduct are by no means restricted to local police. Federal law enforcement agents have also succumbed to this temptation. In 1997, former FBI agent Earl Edwin Pitts was sentenced to 27 years in prison for spying rst for the Soviet Union and, after that government fell, Russia. Pitts sold U.S. intelligence secrets for almost one-quarter million dollars from 1987 to 1992. Pitts is not the only FBI agent charged with selling out his country. Richard W. Miller was imprisoned for 20 years for similar acts in 1984.34 Also in 1997, Jerome R. Sullivan, a 25-year veteran of the FBI, was indicted on charges of stealing more than $400,000, including at least $104,000 that the FBI said was mob money he had helped seize. Sullivan was the lead FBI agent in the arrest of Nicholas Corozzo, a leader in an organized crime family in South Florida, who was poised to take the place of imprisoned John Gotti as the family leader. Sullivans lawyer reported that his client had alcohol and gambling problems that the FBI had been aware of but had not done enough to help him with.35 In a case that caused a lot of controversy in South Florida and led to procedural changes in the Florida Highway Patrol (FHP), an FBI agent was convicted on misdemeanor charges in the 1999 trafc deaths of two young men and also agreed to a nancial settlement stemming from a civil suit. The deaths occurred in an early morning collision on I-95 in which one of the vehicles was traveling the wrong way. The FHP had initially stated the two young men were driving the wrong way but a month later reversed itself saying the FBI agent had been the wrong-way driver after a night of drinking with a supervisor at a sports bar. Questions arose as to whether the agent was treated differently during the initial investigation due to his status as an FBI agent. The jury was unable to determine whether the agent was driving the wrong way, and he was acquitted of felony charges but convicted of the lesser charges, including driving under the inuence and reckless driving. The agent was also sued by the victims family for $50 million and settled out of court for an undisclosed amount.36 Several recent books have focused specically on the issues of police deviance. For example, see Victor Kappeler, Richard Sluder, and Geoffrey Alperts Forces of Deviance, Understanding the Dark Side of Policing; Jerome H. Skolnick and James J. Fyfes Above the Law: Police and the Excessive Use of Force; and Michael J. Palmiottos Police Misconduct: A Reader for the 21st Century.37 Types and Forms of Corruption Corruption is not limited to the present day. Lawrence W. Sherman reports, For as long as there have been police, there has been police corruption.38 Herman Goldstein says, Corruption is endemic to policing. The very nature of the police function is bound to subject ofcers to tempting offers.39 Frank Schmalleger says, Police deviance has been a problem in American society since the early days of policing. It is probably an ancient and natural tendency of human beings to attempt to placate or win over those in positions of authority over them.40 Samuel Walker describes four general types of police corruption: taking gratuities, taking bribes, theft or burglary, and internal corruption.41 Gratuities are small tips or discounts on goods purchased. In many communities, taking gratuities is not considered corruption but merely the showing of good will to the police (with, of course, the hope that the police might perform their duties a little better for the person who shows them goodwill). Police corruption also may involve taking bribesthe payment of money or other consideration to police ofcers with the intent to subvert the aims of the criminal justice system. According to Walker, bribes may take two forms: (1) the pad (formal, regular, periodic payments to the police to overlook continuing criminal enterprises) and (2) the score (a one-time payment to avoid arrest for illegal conduct). 1236.ch12 6/17/04 11:32 AM Page 299 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 299 Do Police Ofcers Have to Pay for Their Lunch? Professor Dempsey, dont police ofcers have to pay for their lunches? The other day I saw an ofcer get a sandwich and a soda at the convenience store. He said thank you and left, but I never saw him give the cashier any money. I get this question often. I generally respond that different departments around the country may have different standards regarding free or discounted meals for police ofcers. However, Dempseys Law says that ofcers should pay for their meals, just as any other citizen should. Yeah, Professor Dempsey, but once I saw an ofcer try to pay for a cup of coffee at the local diner, and the cashier wouldnt take the money. The ofcer looked really embarrassed. If thats corruption, should the ofcer have arrested the cashier for bribery? No, the ofcer should not have arrested the cashier for bribery. That would be pretty stupid. However, there are ways to get around embarrassing situations like that. I used to always have several $1 bills in my wallet and have them ready in my hand at the register. If such a situation occurred, I would merely smile and say, Thank you very much. Then I would leave the approximate cost of the meal on the counter. If the cashier continued to protest, I would return by my table and leave the money as a tip for the waiter. Hey, I made good money as an ofcer. I could afford the price of a meal. Theft or burglary, the taking of money or property by the police while performing their duties, is another form of police corruption, according to Walker. The police have access to numerous premises, including warehouses and stores, while investigating burglaries. They also have access to homes while on ofcial business. A corrupt police ofcer has plenty of opportunity to take property from others. Walkers nal type of police corruption is internal corruption. Ofcers pay members of their departments for special assignments or promotions. Thomas Barker and Julian Roebuck identied the following types of police corruption: 1. Acceptance of free or discounted meals and services 2. Acceptance of kickbacks for referrals for services 3. Opportunistic theft from helpless citizens or unsecured premises 4. Shakedowns 5. Protection of illegal activities 6. Acceptance of money to x cases 7. Planned theft42 Sherman discusses three general levels of police corruption.43 The rst is the rotten apples and rotten pockets theory of police corruption, which holds that only one ofcer or a very small group of ofcers in a department or precinct is corrupt. At rst thought, this may not seem very serious. If only one ofcer or a handful of ofcers is corrupt, a department needs only to arrest the ofcer or group and use the arrest as an example to other ofcers of what might happen to them also, if they were to become corrupt. The dangerous part of this theory is that if police commanders believe that only a few ofcers are bad, they will not take the tough, proactive policies necessary to uncover and eradicate corruption in the entire precinct or department. New York Citys Commissioner Patrick V. Murphy, in the wake of the Serpico allegations, faced a dilemma. He could accept the rotten apple theory, or he could admit that the entire barrel might be rotten. To his credit, and for the betterment of the NYPD, Murphy chose the latter and took the steps necessary to correct the situation.44 The second level of corruption that Sherman found might exist in a police department was pervasive, unorganized corruption, where a majority of the ofcers are corrupt but are not actively working with one another on an organized or planned basis. Shermans third level of corruption was pervasive, organized corruption, where almost all members of a department or precinct are working together in systematic and organized corruption. This type is essentially what the Knapp Commission discovered, particularly in the NYPD plainclothes units.45 Several stages of the moral decline of police ofcers have been identied. Sherman tells us about certain stages 1236.ch12 6/17/04 11:32 AM Page 300 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 300 Part III / Police Operations in an ofcers moral career. The rst stage involves the acceptance of minor gratuities, such as free meals. Peer pressure from other ofcers is extremely important at this stage. The second and third stages involve accepting gratuities to overlook regulatory offenses, such as accepting money to allow bars to remain open past regular closing hours or accepting money from a motorist instead of giving him or her a summons. Peer pressure from other ofcers is also very important at this stage. The nal stage involves changing from passively accepting gratuities to actively seeking bribes. As the corruption continues, it becomes more systematic. It involves larger amounts of money and includes numerous types of crimes, ranging from gambling violations and prostitution to dealing in narcotics.46 identied what he calls four hidden social costs of police corruption: I I I I It represents a secret tax on businesses that have to pay off the police to avoid harassment. It undermines the enforcement of the law, allowing widespread illegal activity to ourish. It destroys the department itself, robbing the police ofcer of self-respect and respect for superior ofcers and the department as a whole. Effective discipline becomes impossible when corruption is systematic. Knowledge of the existence of corruption undermines the publics faith in the police and the entire criminal justice system.50 Noble Cause Corruption Noble cause corruption refers to situations where a police ofcer may bend the rules in order to attain the right result. This is also often referred to as the Dirty Harry syndrome. In the extreme situation an ofcer might justify violating a suspects rights in order to save someones life. More commonly, the rights violation would be justied in the ofcers mind by the ultimate good of putting the bad guy in jail where he belongs. These behaviors involve police ofcers misusing their legal authority but they are not doing it for personal gain. They rationalize the behavior to get the bad guys behind bars and consider it a noble cause type of corruption.47 Delattre, in his 1996 book, Characters and Cops, presents ethical dilemmas that illustrate the noble cause corruption issue: A police ofcer in plainclothes approaches an individual to question on the street and momentarily loses sight of the individual as he goes around a corner and drops narcotics on the ground. The ofcer nds the contraband and arrests the individual. What should the ofcers do? Writing an accurate report might lead to the case being dismissed and the bad guy going freebut there is no choice. Fabricating reports compounds and leads to a department without integrity and fosters a philosophy of vigilantism and a wethey view of life, society and right and wrong.48 Effects of Police Corruption Nothing undermines public condence in the police and in the process of criminal justice more than the illegal acts of [police] ofcers, said the Presidents Commission on Law Enforcement and Administration of Justice.49 David Burnham, a New York Times writer, offered an interesting analysis of the social costs of police corruption. Burnham Law enforcement has come to the realization that it can be far more effective in its mission with the help of the community. Its also been shown that citizens wont help the police if they dont trust the police. Citizens must feel that they will be treated fairly and treated with respect. Morale within the department will suffer as the ofcers may feel they are painted with the same wide brush. This happens even with incidents that happen in other jurisdictions and even other states. Many ofcers will tell you they were questioned by citizens for months after the Rodney King incident regardless of what state or what type agency they worked for. An incident that occurs within an ofcers organization is often complicated by rumors and lack of ofcial information. During an investigation, it is quickly common knowledge that an investigation is occurring, and rumors y. Departments typically do not release any information or discuss the investigation prior to the conclusion of the investigation. Ofcers are left with rumors as their source of information, and everyone is nervous as to what is going on, what will happen next, who else is involved, and whether or not they will be questioned. Ofcers dont know whom to trust, and morale plummets. There is an air of suspicion that can last for months while the investigation is conducted. This type of atmosphere is emotionally draining for ofcers and will greatly contribute to the stress they experience. An incident of corruption can result in an organization writing a policy or implementing training that might have prevented this particular incident from occurring but is not a realistic policy or training session nor needed for the majority of the personnel. Ofcers may nd their work lives or personal lives made more difcult or complicated in an inappropriate manner for an incident involving someone else. 1236.ch12 6/17/04 11:32 AM Page 301 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 301 Just one or two incidents of corruption can ruin a departments reputation and destroy the trust the community has in the department. It can take years to overcome this bad publicity. It will affect the department in many ways. There will be a lack of trust, resulting in a lack of cooperation and information from the community. The department will be less attractive to highly qualied police ofcer candidates as well as police administrators. Consequently the department will stagnate for years under this perception unless drastic and highly visible changes are made. Reasons for Police Corruption Numerous theories attempt to explain corruption in law enforcement agencies. Frank Schmalleger offers an interesting theory about the reason some police ofcers become corrupt by tying Edwin H. Sutherlands theory of differential association to police corruption.51 Sutherlands theory of differential association holds that crime is basically imitative; we learn crime the same way we learn other behavior. We tend to imitate the behavior that surrounds us. Schmalleger asks us to consider a police ofcers typical dayassociating with and arresting petty thieves, issuing trafc citations and other summonses to citizens who try to talk their way out of the tickets, dealing with prostitutes who feel hassled by the cops, and arresting drug users who think what they are doing is not wrong. Schmalleger asks us to combine these everyday experiences with the relatively low pay ofcers receive and the sense that police work is not really valued to understand how ofcers might develop a jaded attitude toward the double standards of the civilization they are sworn to protect. Such a jaded attitude, Schmalleger says, may entice ofcers into corruption.52 When we consider the enormous authority given to our police ofcers, the tremendous discretion they are allowed to exercise, and the existence of the police personality and police cynicism (discussed in Chapter 6), it is easy to see that police work is fertile ground for the growth of corruption. Add to this environment the constant contact police have with criminals and unsavory people, the moral dilemma they face when given the responsibility of enforcing unenforceable laws regarding services people actually want (illegal drugs, gambling, alcohol, and prostitution), and the enormous amount of money that can be made by corrupt ofcers. Based on all these factors, it is little wonder that corruption is pervasive in police departments. The current drug problem in the United States, including the desirability of drugs and the tremendous prots available from their sale, seems to increase the risks of po- lice corruption. The Wickersham Commission in 1931 warned that the presence of laws against alcohol (National Prohibition) had the potential for corruption by police and other ofcials.53 Is todays illegal drug business as tempting to corruption-prone law enforcement ofcers as the alcohol trade was to ofcers during National Prohibition? The style of policing employed by a department may be somewhat responsible for the degree of corruption in that department. James Q. Wilson analyzed corruption according to the different styles of policing he described in Varieties of Police Behavior: The Management of Law and Order in Eight Communities.54 He says that the greatest degree of police corruption is found in departments characterized by the watchman style, in which police are expected merely to maintain order, not to deal with the causes of crime or to make attempts to improve conditions that may lead to crime. Wilson says that low salaries and the expectation that police will have other jobs increase the probabilities that the police will be involved in corruption in watchman-style departments. Corruption is found to a lesser degree, Wilson says, in departments characterized by the legalistic style. These departments emphasize formal police training, recruiting from the middle class, offering greater promotional opportunities, and viewing law as a means to an end rather than an end in itself. In this departmental style, formal sanctions are used more frequently than informal ones; police give less attention to community service and order maintenance than to law enforcement. Wilson says that corruption is not a serious problem in the third type of police department style, the service style. In this management style, law enforcement and order maintenance functions are combined with an emphasis on good relationships between the police and the community. The command of the department is decentralized; police on patrol work out of specialized units. Higher education and promotional opportunities are emphasized, and police are expected to lead exemplary private lives. Responses to Police Corruption The most important step in eliminating or reducing police corruption is to admit that corruption exists. The need for candor, Herman Goldstein argues, is paramount. Police ofcials have traditionally attempted to ignore the problem and deny that it exists.55 Many police departments have established internal affairs divisions (IADs or IAs) as their major department resource to combat corruption. Internal affairs divisions or units are the police who police the police department. Internal affairs investigators are not 1236.ch12 6/17/04 11:32 AM Page 302 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 302 Part III / Police Operations very popular with other members of the department, because many ofcers see them as spies who only want to get them in trouble. Internal affairs units are also used to investigate allegations of police brutality by most departments. In understanding both the negative connotations of the Internal Affairs title and the need for systematic preventive initiatives regarding corruption, many departments have implemented Professional Standards units, Compliance units or Integrity units. These divisions within the police department will investigate allegations of wrongdoing but will also be actively involved in developing and implementing policies and procedures that will minimize the chances of corruption occurring. This unit will conduct audits and inspections to insure these safeguards are in place and procedures are being adhered to. Good record keeping is essential in preventing corruption, and then, if it occurs, it is helpful in the investigative process. Internal affairs divisions can attack corruption in two ways, reactively and proactively. In a reactive investigation, the investigator waits for a complaint of corruption from the public and then investigates that specic complaint using traditional investigative techniques. In a proactive investigation into police corruption, investigators provide opportunities for ofcers to commit illegal acts, such as leaving valuable property at a scene to see if ofcers follow normal procedures regarding found property. Proactive investigations are often called integrity tests. An excellent example of an integrity test or a proactive investigation that nabbed a corrupt ofcer occurred in the 33rd Precinct in New York Citys Washington Heights in June 1997. Acting on tips that a precinct ofcer was corrupt, internal affairs investigators set up a sting for the ofcer. Reporting that they had just raided an apartment in a drug case, investigators had the suspect ofcer assigned to guard the apartment. The raid, however, was bogus, a ruse to allow the investigators to set up video surveillance equipment in the apartment and leave behind $20,000 and fake drugs. Upon the ofcers return to the station house at the end of his shift, he was caught carrying $6,000 in cash. The ofcer was arrested on charges of grand larceny and ofcial misconduct.56 Police corruption can also be investigated by local district attorneys, state and federal prosecutors, and special investigative bodies, such as the Knapp Commission (New York City police corruption, 1970s), the Mollen Commission (New York City police corruption, 1990s), and the Christopher Commission (Los Angeles police brutality, 1991). In addition, the FBI has jurisdiction to investigate police corruption, and their investigations have had a major effect on several police departments, including the Philadelphia and the New Orleans departments. As recently as 1998, a three-year investigation by the FBI and the Internal Revenue Service resulted in a 74-page indictment and the arrest of nine current and former members of the West New York, New Jersey, Police Department and numerous others for widespread police corruption.57 As a result of the New Orleans Police Departments deep rooted problems, many reforms were instituted by the new chief hired from the outside in 1994, Superintendent Richard Pennington. He formed a Public Integrity Division in 1995 to eradicate police corruption and raise the departments ethical standards. This is a partnership between the FBI and Louisiana law enforcement ofcers.58 New Orleans is the rst department to have FBI agents assigned to it full-time and working closely with them on the PID initiatives, and they have been able to regain citizens condence. They instituted an off-site location for the PID, implemented a toll-free hotline to report misconduct or provide feedback, utilized undercover personel to detect wrongdoing, staged integrity checks, employed a computerized early warning system, and expanded relevant training programs. The superintendent wants the department and the citizens to know theyre checking to make sure everyone is doing their job as it should be done. They believe the community condence in the police department has steadily risen. The recent gun and conspiracy scandal in Miami was the biggest corruption scandal since the famous Miami River Cops scandal of the 1980s. The convictions came in the third month of the new chief, John Timoney, brought in to clean up the department. He cleaned house at the police department and moved the Internal Affairs ofce out of headquarters to strengthen its ability to operate independently and began an extensive review of the departments policies.59 San Francisco suffered negative publicity as allegations were made of widespread corruption in the department regarding cover-ups. It started over a police brawl involving off-duty ofcers in November 2002. The three junior ofcers involved were indicted on assault and battery charges, and seven command ofcers, including the chief of police and an assistant chief whose son was one of the junior ofcers involved, were indicted on charges of conspiracy to obstruct justice. The chief went on medical leave after he was indicted and announced his retirement several days after he was cleared of conspiracy in August 2003.60 Although charges against the top brass were dropped, the case has brought attention to the code of silence that exists in police organizations. 1236.ch12 6/17/04 11:32 AM Page 303 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 303 ### OTHER POLICE MISCONDUCT Police corruption and police brutality are the most serious forms of police deviance. Police brutality will be discussed later in the chapter. Other types of police deviance also exist. Chief among them are illegal drug use and trafcking by ofcers, drinking and alcohol abuse, cooping, police deception, and abuse of authority, sexual violence, and domestic violence. Drug Abuse and Trafcking The abuse of drugs has been a serious problem in U.S. society for many years. In the 1960s and 1970s, we saw the terror of the heroin epidemic, as well as the problems caused by psychedelic drugs and other drugs, especially in cities. The 1980s and 1990s brought the rock cocaine, or crack, crisis, as well as the reemergence of the heroin crisis. The police are not immune to the problems that face the rest of society. They are also participants in, or victims of, the drug crisis. Given that illegal drug use is a problem among police ofcers, should police departments conduct drug testing? The use of drug testing, particularly random drug testing without cause, has become a major issue in the U.S. criminal justice system. Some argue that drug testing is a violation of ones constitutional rights. Many agree that an employer can insist that an employee not use drugs when he or she is working, but that because drugs remain in ones system many days after use, drug tests do not differentiate between on-duty and off-duty use. In an article in the FBI Law Enforcement Bulletin, Jeffrey Higginbotham cited numerous reasons supporting urinalysis drug testing programs for law enforcement ofcers: (1) to maintain public safety, (2) to maintain public trust in the police, (3) to reduce the potential for the corruption of the police, (4) to allow the presentation of credible testimony by the police, (5) to boost morale in the workplace, (6) to avoid loss of productivity, and (7) to avoid civil liability.61 The U.S. Supreme Court, in National Treasury Employees Union v. Von Raab (1989), ruled that the random testing of U.S. Customs personnel involved in drug interdiction and/or carrying rearms was constitutional.62 Prior to this case, police departments had tremendous problems trying to get drug testingprimarily random drug testingaccepted by police unions. In many cases, the unions fought the departments to prohibit the drug testing of ofcers. This case made it much easier for local government agencies to engage in drug testing of their employees. In one year, the New York City Police Department gave drug tests to 5,174 probationary ofcers. (These tests are capable of discovering controlled substances, including marijuana, in a persons system.) Only 18 tested positive for drug usean extremely low positive rate of 0.003 percent. The New Jersey State Police also tested 2,300 of its members, and only ve showed evidence of drug useagain an amazingly low positive rate of 0.002 percent.63 The National Institute of Justice conducted a telephone survey of 33 large police departments regarding measures being taken to identify ofcers and civilian employees using drugs. The survey found that almost all departments had written procedures to test those employees reasonably suspected of drug abuse. Of the departments surveyed, 73 percent tested applicants, and 21 percent reported that they were actively considering testing all ofcers. Also, 21 percent said they might offer treatment to identied violators rather than dismiss them, depending upon their personal circumstances.64 The International Association of Chiefs of Police (IACP) has made available to police departments a model testing drug policy that suggests: 1. Testing all applicants and recruits for drug or narcotics use 2. Testing current employees when performance difculties or documentation indicates they may have a potential drug problem 3. Testing current employees when they are involved in the use of excessive force or when they suffer or cause on-duty injury 4. Routine testing of all employees assigned to special high-risk areas, such as narcotics and vice65 Despite these efforts, there are still ofcers who use and get addicted to drugs. In 2002, an 18-year veteran lieutenant in Delray Beach, Florida, was arrested in Miami after driving there in his city-owned vehicle, buying $20 worth of cocaine from an undercover ofcer, and then trying to ee from ofcers.66 Drug-Related Corruption Drug-related corruption is also a concern to modern law enforcement agencies. In a report by the General Accounting Ofce to the U.S. House of Representatives, it was found that there was no central data source from which to gather this information, but through research and interviews the report was able to provide some valuable insight.67 1236.ch12 6/17/04 11:32 AM Page 304 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 304 Part III / Police Operations While nding that the vast majority of police ofcers are honest, it was found that in cities where drug dealing was a concern there is a potential for drug-related police corruption. Typically, it involved small groups of ofcers who assisted and protected each other in criminal activities, including protecting criminals or ignoring their activities, stealing drugs and/or money from drug dealers, selling drugs, and lying about illegal searches. Prot was the most frequent motive.68 The report also cited four management-related factors associated with drug-related corruption, including a culture characterized by a code of silence and cynicism, ofcers with less education and maturity, ineffective supervision, and a lack of emphasis on integrity and internal oversight within the department. Strategies to combat drug-related corruption were discussed in the report; these will be addressed later in the chapter. Without the proper procedures in place, close supervision, and oversight, it will be easier for ofcers to fall victim to the lure of the quick buck around the drug trade or to use their power and opportunities to steal from those they feel will never report it. In 2002, a West Palm Beach, Florida, ofcer was indicted on money-laundering charges after being paid by a cocaine distributor to use his cash to pay the construction costs of three houses; and two ofcers in Hiahleah, Florida, were sentenced to over 20 years in connection with federal robbery, narcotics, and rearms charges. Some of these incidents occurred while ofcers were on duty, using their marked police vehicles as escape vehicles after robberies.69 These incidents are further complicated when ofcers on duty in the same or other jurisdictions then have to make discretionary decisions regarding DUI violations. These discretionary decisions take place routinely involving citizens, but when the driver is a police ofcer they will be very closely scrutinized. These types of cases are some of the most frequently occurring; perusing newspapers will show the publicity they generate. Therefore, it is crucial that police departments be vigilant in preventing alcohol abuse by ofcers. Cooping Police ofcers refer to the practice of sleeping, resting, or avoiding work while on duty as cooping. The coop is where the cooping occurs. Former ofcer Gene Radano, in Walking the Beat, gives a very good description of cooping: A coop is a shelter where cops go to sit down, grab a smoke, escape the weather or to lie down. . . . Cops move in like the proverbial camel nosing his way into the tent, and soon squatters rights prevail.73 If a police ofcer is so inclined, it is very easy to coop. Supervisors generally must cover a very large area and are not likely to observe a police radio car at rest in the back of a school yard, by a closed factory, or in another desolate location. This behavior, while not good for the community, also has the potential for being very dangerous for the ofcer and his or her coworkers. Police Deception Another form of police misconduct is police deception, which includes perjury while testifying in court and attempts to circumvent rules regarding searches and seizures of evidence. Anyone familiar with the works of the novelist and former Los Angeles Police Department sergeant Joseph Wambaugh, particularly his classic The Blue Knight, is aware of the possibility that police may perjure themselves on the witness stand to secure a conviction against a defendant. In The Blue Knight, Wambaughs protagonist, Police Ofcer Bumper Morgan, illegally entered a mans hotel room to arrest him on a warrant and then fabricated probable cause well after the event to cover his actions. In a dramatic scene in the book, after Morgan falsely testies in court, evidence is presented to show clearly that Morgan perjured himself on the stand. The judge severely rebukes him in her chambers.74 Skolnick states that police deception, if it occurs, usually occurs at three stages of the police detection process: investigation, interrogation, and testimony in court. Drinking and Alcohol Abuse As Chapter 6 discussed, police stress and police suicide are special problems in police departments. Alcohol is generally involved in both problems. Numerous academic studies have conrmed that alcohol abuse is a major problem in policing. Jerome Skolnick, in A Sketch of the Policemans Working Personality, concluded that ofcers drink heavily and usually drink together to avoid public criticism.70 Danielle Hitz found that mortality rates for alcohol-related cirrhosis of the liver among the police ofcers studied were signicantly higher than the rates for the general population.71 W. Kroes estimated that 25 percent of all police ofcers have a serious alcohol dependence, and R. C. Van Raalte reported that 67 percent of a sample of police ofcers admitted to drinking on duty.72 Obviously, drinking and guns do not mix well. Drinking and driving also do not mix well. Alcohol problems correlate with DUI violations both on and off duty. 1236.ch12 6/17/04 11:32 AM Page 305 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 305 Particularly objectionable, says Skolnick, is the idea that a police ofcer would not be truthful when testifying under oath in court. However, much evidence suggests that there are tolerable levels of perjury among police ofcers when testifying in court.75 Columbia University law students analyzed the effect of the landmark U.S. Supreme Court case Mapp v. Ohio on police practices in the seizure of narcotics.76 This case, which was covered in depth in Chapter 11, severely restricted the power of the police to make certain searches of persons or premises. The students found that before Mapp v. Ohio, police ofcers typically testied that they found narcotics hidden on the defendants persons. After the Mapp case, police ofcers testied that the narcotics they found were dropped on the ground by the defendants. This became known as dropsy (from drop-see testimony). Prior to the Mapp case, narcotics evidence obtained from suspects by police, even when illegally seized, was admissible in court. After Mapp, this was no longer so. Hence, the researchers said, police ofcers began to commit perjury to circumvent the illegal seizure of evidence rule and to ensure that their testimony and the evidence would be admissible against defendants charged with narcotics possession.77 The FBI was involved in numerous deceptive practices during the time J. Edgar Hoover was at its head. Tony G. Poveda, in Lawlessness and Reform: The FBI in Transition, details the illegal conduct engaged in by the FBI. This conduct included disrupting political groups, performing illegal burglaries, maintaining secret les, and attempting to deceive the public.78 There have also been cases of police ofcers fabricating stories for more unusual reasons, believing their status as ofcers will lead them to be believed. An ofcer in Toledo, Ohio, was found guilty of tampering with evidence after producing false documents and staging incidents in an attempt to make it appear she was being stalked. She was trying to gain sympathy from fellow ofcers.79 In 2003, in San Jose, California, an eight-year veteran ofcer concocted a story about a robbery to cover up an alleged drunken driving accident. While off duty and calling the emergency dispatcher, he identied himself as an ofcer and stated hed been robbed by two black males. Though his story quickly unraveled, the description of the offenders as black caused concern and hurt in the community.80 Abuse of Authority The tremendous power and discretion given to the police provide them with numerous opportunities to abuse their power or authority. In describing police deviance, Thomas Barker and David L. Carter distinguish between occupational deviance and abuse of authority. Occupational deviance, they say, is motivated by the desire for personal benet. Abuse of authority, in contrast, occurs most often to further the organizational goals of law enforcement, including arrest, issuing tickets, and the successful conviction of suspects.81 This is the most common type of noble cause corruption, as discussed earlier. Alan N. Kornblum gives us a denition of corruption of authority: that corruption that comes from the broad discretion police have in much of their work and the tension between efciency standards versus the activities that must ensure due process.82 Robert D. Pursley denes corruption of authority by saying it means that the police either employ, or might be tempted to employ, certain corrupt practices, such as the violation of a persons civil rights, in an effort to be more efcient.83 Many people were shocked at the alleged reports of abuse of power by Los Angeles police detective Mark Fuhrman in the widely covered O. J. Simpson murder case. In addition to his self-reported acts of brutality and racism, he seemed proud to admit to numerous acts of abuse of his police authority and the violation of citizens human and constituPolice corruption continues to be a concern. Here, FBI agents escort ve tional rights. Many say that the verdict of not handcuffed Miami police ofcers to a van outside FBI headquarters in guilty in the Simpson case, in spite of overMiami in September 2001, after they were indicted regarding cover-ups in whelming forensic evidence to the contrary, shooting incidents. Photo by Joe Raedle/Getty Images 1236.ch12 6/17/04 11:32 AM Page 306 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 306 Part III / Police Operations was in reality an act of jury nullication brought about by Fuhrmans alleged actions. Police Sexual Violence Police sexual violence incorporates many behaviors and involves those situations in which a citizen experiences a sexually degrading, humiliating, violating, damaging or threatening act committed by a police ofcer, through the use of force or police authority.84 These are very serious offenses against the public trust. The vast majority of police ofcers detest this behavior by the few bad apples who perpetrate it. It shocks the conscience of the community to think an ofcer would use his position of trust to violate some of the most vulnerable citizens. The average ofcer has a hard time believing this type of abuse occurs, but a perusal of newspapers across the country indicates that it does in fact occur. It is imperative that police administrators be aware of this type of violation and be vigilant in looking for warning signs. Often there is behavior that could signal a potential problem; if that behavior is handled quickly and effectively, administrators could avert a bigger problem or give the organization documented behavior for a discipline case. Examples of warning signs might include an ofcer who pulls over female drivers, spends a lot of time outside bars at closing time, spends an inordinate amount of time at any place women tend to congregate, or conducts inappropriate follow-ups that he wouldnt conduct for the average citizen. Most of these activities can be explained away in the context of performing good police service, but together they could be a pattern of behavior worth watching. Police ofcers using their position of authority to sexually abuse females occurs more often than one would expect given the serious nature of this offense. In El Paso, Texas, two deputies were arrested; one was sentenced to 10 years and another was wanted for failure to appear for depriving a woman of her civil rights after raping her when she was stranded with a at tire.85 In Margate, Florida, an ofcer had sex with a 16-year-old girl in the backseat of his patrol car after arresting her for DUI after an accident.86 In Lakewood, Ohio, a seven-year police veteran pled guilty to sexual battery for having sex with a woman in the backseat of his patrol car. He took the woman into custody on Christmas Eve 2002, though he never charged her. He didnt use physical force, but his position of authority, not to mention his gun, made the sex illegal.87 In Los Angeles, an ofcer referred to by the prosecutor as a Wolf in LAPD clothing was sentenced in April 2003 to three consecutive 25-years-to-life terms for three rapes he committed while on duty. He was armed with a gun each time, and two of his victims were bound or tied. He was convicted of 14 felony counts, including forcible rape, sexual penetration by a foreign object, sodomy by use of force, and sodomy under color of authority.88 Domestic Violence in Police Families Some studies indicate that domestic violence may be more prevalent in police families than in the general population.89 It has traditionally been a hidden problem with victims hesitant to report it. Domestic violence is an issue only beginning to be addressed, and it is an uphill battle. If the victim is a spouse of a police ofcer, then the offender has friends and supporters in the department who may not believe the allegations, the offender has a gun, and the offender knows the system and knows where the shelters are. A victim who is a police ofcer must deal with all sorts of psychological issues as to why he or she cant handle this problem alone. The victims fear for their safety and also for the economic future of their family, as an act of domestic violence could cost the ofcer his or her job. If departments get a report, many choose to handle it informally in an effort to protect the ofcer. This has resulted in tragedy. How departments handle domestic violence has been found to be inconsistent between departments and even within departments. A 1994 survey of 123 police departments documented that 45 percent had no specic policy for handling ofcers involved in domestic violence, and the most common form of discipline for sustained allegations was counseling.90 The International Association of Chiefs of Police has developed a model policy on police-involved domestic violence, and some departments are building on that policy and becoming proactive. The 1996 Federal Law (18 U.S.C. 925) that prohibits anyone convicted of a misdemeanor from owning or using a rearm further complicates the law enforcement issue. In 1997, a task force studying LAPD found that out of 227 cases of alleged domestic violence cases investigated between 1990 and 1997, 91 were sustained. In over 75 percent of these, the sustained allegations were not mentioned in the ofcers yearly evaluations; and, in fact, 26 of these ofcers were promoted. Tragically, a case that exemplies this type of response happened in Tacoma, Washington. On April 26, 2003, David Brame, the Chief of Police in Tacoma, Washington, fatally shot his wife and then himself in front of his children 1236.ch12 6/17/04 11:32 AM Page 307 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 307 Forsts Law Deviance and the Job Police departments strive to hire the most ethical individuals that they can. In my opinion, they do an outstanding job. When you realize the vast opportunities ofcers have to do the wrong thing and look at the fact that very few choose to follow that path, that says something about the quality of the individual working the street. Ofcers are confronted on a daily basis with ethical issues. I remember as a police ofcer working the street being constantly challenged by citizens and business owners who wanted to show their appreciation for the job we were doing. The crime rate was very high, and citizens were grateful when we gave them the service they deserved even in matters they may have perceived as minor. Half-price meals or free coffee were fairly common offerings. The arguments that ensued over payment were embarrassing and usually resulted in my leaving the full price of the meal on the table or counter; they could use it as a tip if nothing else. Unfortunately, it sometimes resulted in my avoiding that restaurant and going elsewhere, which of course was the exact opposite of what the business owner wanted. The text of this chapter mentions studies that found that often the biggest complaint citizens had about ofcers behavior toward them was abusive or derogatory language rather than excessive force. While I feel that everyone should be treated with respect, I was also concerned with the safety of the community and my own safety as well as that of other ofcers. There were times when people I encountered on the street did not respond to my requests. There were times when I resorted to crazy language, bad language, or harsh orders in order to avoid the need for a physical confrontation. One time I spotted a unarmed robbery suspect while I was patrolling the edge of town. I confronted him, and the chase was on. Because I was out in the woods on the edge of town, I knew there would be no backup anywhere close. I yelled all sorts of things at this guy, because I wanted him to think I was crazy and might not play by the rules. It worked. He stopped and put his hands up, and I was able to cuff him and take him in. I also feel that public education can help in these complaint situations and aid in smoothing misunderstandings between the police and the community. I remember as a road patrol captain I used to get calls from angry citizens complaining about the harsh treatment they received from an ofcer. I explained the ofcers point of view and police procedure, including the ofcers need to control the situation. I also explained that the ofcer encounters all types of people during the day and that many ofcers get killed or injured during car stops. I found that after being made aware of these factors, the citizen usually no longer wanted to make a complaint. Lastly, I think it is critical that departments make it as difcult as possible for ofcers to be tempted to deviate from their good ethical conduct. They need to have good, solid policies and procedures in place to protect the ofcers from temptation and to protect the ofcers from any possible allegations of wrongdoing. I went to many scenes as a road supervisor where the narcotics unit had made some arrests. There were often bags of money and/or drugs all around with no one sure exactly how much was there. Once there was half a million dollars in dufe bags. How tempting it might be for an ofcer having trouble paying the mortgage to take some cash from bad guys that no one would even missor . . . how easy for someone to make that accusation. There must be policies in place to provide checks and balances and protections for the ofcers on the scene. Police departments owe it to their organization and their ofcers. 1236.ch12 6/17/04 11:32 AM Page 308 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 308 Part III / Police Operations in a parking lot in a neighboring community. This came several days after allegations of abuse and the divorce paperwork became public, despite his wifes efforts to minimize his anger and embarrassment by ling the divorce papers in a neighboring county. His wife, Crystal, had led for divorce and moved out of the home with the children in February, alleging that her husband was abusive and possessive. Brame was assistant chief and a 20-year veteran of the department when he was named chief in December 2001. There are allegations that the city manager knew of rumors of abuse and an acquaintance rape issue in his past but did not investigate them thoroughly before appointing him chief. The state of Washington concluded an investigation of the incident in November 2003 and found no grounds for criminal charges but signicant evidence of mismanagement within the city of Tacoma. Both noncriminal and federal investigations are ongoing. Relatives of Crystal Brame have led a $75 million wrongful-death civil suit, with the belief that the citys inaction or inappropriate actions ultimately led to Crystals death.91 ### POLICE BRUTALITY Police brutality has been dened as the excessive or unreasonable use of force in dealing with citizens, suspects, and offenders.92 Police violence in this country and charges of police brutality are not new; however, neither is brutality or excessive force very common, despite what the media may lead us to believe. A National Institute of Justice Study found that most police ofcers in the U.S. disapprove of the use of excessive force, and the overwhelming majority do not believe that ofcers regularly engaged in the excessive use of force. Almost all surveyed ofcers (97.1 percent) agreed that serious cases of misconductlike the Rodney King or Abner Louima caseswere extremely rare in their departments.93 Police Captain Clubber Williams coined the phrase There is more law in the end of a policemans nightstick than in a decision of the Supreme Court.95 Another 19century police ofcer recalls being told by his sergeant, Theres more religion in the end of a nightstick, than in any sermon preached to the likes of them.96 In the 1920s, the Wickersham Commission detailed numerous instances of police brutality, including the use of the third degree to obtain confessions.97 The general acceptance of police brutality in the past can be seen in the landmark 1936 U.S. Supreme Court case Brown v. Mississippi. In this case, the deputy sheriff who administered beatings to three defendants to force them to confess to a murder actually answered the judges inquiry at trial as to how severely a defendant had been beaten by saying, Not too much for a negro.98 Police violence became a major topic for public discussion in the 1940s, when rioting by citizens provoked serious police backlash and brutality against citizens. Former Supreme Court associate justice Thurgood Marshall, then a lawyer for the National Association for the Advancement of Colored People (NAACP), referred to the Detroit police as a Gestapo after a 1943 race riot left 34 people dead.99 Examples of Police Brutality Charges of police brutality have not disappeared. They were common during the civil disorders of the 1960s and 1970s. As recently as the 1990s, people in the United States were stunned by the use of excessive force by police ofcers in the Abner Louima and Rodney King cases.100 Recent history shows us the current public reaction to the use of force by the police against minority citizens. The shootings of African American men by police ofcers were the sparks that set off three riots in Miami between 1980 and 1989. The last disturbance, which occurred from January 16 to January 18, 1989, was set off by the shooting of an unarmed African American motorcyclist by a Hispanic American police ofcer; 11 citizens were wounded and 13 buildings burned to the ground.101 The 1992 Los Angeles riots, perhaps the most severe civil disturbance in U.S. history, came on the heels of not-guilty verdicts in the trials of the four LAPD ofcers accused of assaulting Rodney King. Brutality seems as intractable in policing as corruption is. Consider just a few examples. In 1979, the U.S. Department of Justice led an unprecedented civil rights suit charging Philadelphias Mayor Frank Rizzo and the Philadelphia Police Department with pervasive and systematic police brutality, as well as violations of the 1964 Civil Tradition of Police Brutality In a classic and frequently cited article on police brutality, Albert J. Reiss, Jr., began his discussion with a 1903 quotation by a former police commissioner of New York City: For 3 years, there has been through the courts and the streets a dreary procession of citizens with broken heads and bruised bodies against a few of whom was violence needed to effect an arrest. Many of them had done nothing to deserve an arrest. In a majority of such cases, no complaint was made. If the victim complains, his charge is generally dismissed. The police are practically above the law.94 1236.ch12 6/17/04 11:32 AM Page 309 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 309 When Its Over, Its Over Professor Dempsey, did you see that tape from Los Angeles [the 1991 Rodney King incident]? Tony, I had no chance to avoid it. It must have been shown every hour on television. Well, what did you think? It was disgusting! I think it set police work and relationships with the community back decades, if not centuries! Yeah, but my friend said that the guy might have been resisting, and the police should have continued to hit him until he stopped moving. When is police physical force considered excessive force? Look, Tony, sometimes police work is a contact sport. Sometimes you have to roll around in the mud. But like any contact sport, when its over, its over. You dont hit your opponent after the bell or after the ref blows the play dead. Do you know what I mean? Yeah. Was it over? Yeah, it was. That was excessive force, Tony. Rights Act, federal laws, and the U.S. Constitution. This was the rst time the federal government had charged an entire police department with indiscriminate brutality rather than proceeding against specic ofcers. The government reported, The conditions were addressing seem institutionalized, and putting away individual ofcers doesnt solve the problem.102 The suit also said that the Philadelphia Police Department followed procedures which resulted in widespread, arbitrary, and unreasonable physical abuse or abuse which shocks the conscience.103 The suit also accused the department of inicting disproportionate abuse on black persons and persons of Hispanic origin.104 In 1986, a ranking ofcer and ofcers from the 106th Precinct in New York City were convicted of torturing an accused drug dealer with an electronic stun gun. This caused an enormous shake-up in the command structure of the NYPD, including transfer of each supervisor assigned to the precinct. Recently, a mistrial was declared due to a hung jury in the case of an Inglewood, California, ofcer caught on videotape manhandling a 16-year-old in July 2002. The amateur video showed the ofcer slamming the youth on the trunk of the patrol car and hitting him in the face while he was handcuffed.105 Shortly after the incident occurred, the Los Angeles Times identied more than a dozen complaints of excessive force against Inglewood ofcers in recent years, including physical abuse resulting in broken noses and missing teeth.106 In 1989, Don Jackson, an African American police ofcer from a neighboring town, began a ride through the streets of Long Beach, California, secretly accompanied by an NBC camera crew. In less than three minutes, Jacksons car was pulled over. He was verbally abused by a Long Beach police ofcer, his head was pushed through a plate glass window, and then his head was pounded on the trunk of a police car.107 Why do cases of police brutality dominate the headlines for weeks at a time? Is police violence against citizens that pervasive? Or does police brutality receive so much attention because it is so repugnant to our concept of order under law? Is Brutality Really the Problem? Despite the high incidence of headlines about police brutality, evidence suggests that the verbal abuse of citizens by ofcers is a more serious problem. The Presidents Commission on Law Enforcement and Administration of Justice reported The commission believes that physical abuse is not as serious a problem as it was in the past. . . . Most persons, including civil rights leaders, believe that verbal abuse and harassment, not excessive use of force is the major police community relations problem today.108 Albert J. Reiss, Jr., of Yale University, conducted a classic study of police abuse. For several weeks, 36 observers (college students with backgrounds in law, police administration, and social science) rode in patrol cars in high-crime areas of Boston, Chicago, and Washington, D.C. The observers recorded and reported the outcomes of 5,360 interactions between the police and citizens.109 Of the 5,360 1236.ch12 6/17/04 11:32 AM Page 310 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 310 Part III / Police Operations encounters between police and citizens, Reiss found only 27 cases in which the police were observed using force improperly. He found that police verbal abuse toward citizens was far more common than the use of excessive force. Police behavior was observed to be uncivil toward 13 percent of all citizens with whom the police interacted. The study found that the most common complaints of citizens against police, in order of frequency, were 1. Use of profane and abusive language 2. Use of commands to move on or get home 3. Stopping and questioning people on the street or searching them and their cars 4. Use of threats to use force if not obeyed 5. Prodding with a nightstick or approaching with a pistol 6. Actual use of physical force or violence itself Reiss found that in cases in which offenders were taken into custody, the factors leading to the unnecessary use of force by police were the citizens social class and behavior (deferring to versus defying the authority of the police). About half of the cases of unnecessary force involved peoples openly defying police authority. Reiss found that the police were more likely to use excessive force against suspects and citizens when the police considered it necessary to clarify who was in charge and when the police were harassing drunks, members of the gay community, and narcotics users. Although three-fourths of the white police ofcers in the Reiss study were observed making prejudicial statements about African American citizens, they did not actually treat African Americans any more uncivilly than they treated whites. Furthermore, there was no evidence of racial discrimination against African Americans in cases where the police unnecessarily assaulted citizens. In more than half of the instances of excessive force, ofcers who were present but not party to the violence did not restrain or report their fellow ofcers. Reiss emphasizes that what the citizens he studied found especially disturbing was the status degradation aspect of police behavior. They felt they had not been treated with the full rights and dignity due to citizens in a democratic society. Paul Chevigny notes that police abuses often stem from the traditions of police work and from the expectations of the police when confronting citizens. The police expect deference to, or at least acceptance of, their authority. Behavior that is inconsistent with the ofcers expectationsranging from a show of disrespect to outright resistanceusually brings a strong physical reaction by ofcers.110 To make citizens aware of the police reaction to conduct challenging their authority (as discovered by Reiss and Chevigny), Peter Scharf and Arnold Binder suggested a community education program informing citizens about police expectations and about typical police responses to citizen threats. . . . [so] that citizens might communicate with police ofcers to avoid violent confrontations.111 Also, as communication is a two-way street, police need to consider the appropriateness of their expectations of deference from citizens. In a research study, David Bayley and James Garofalo observed 350 eight-hour tours in three precincts in New York City. They discovered that incidents of violence between police ofcers and citizens are relatively rare, even in a large urban area such as New York City. Of 467 potentially violent incidents they encountered, only 78 resulted in some type of actual conict. Of these, in only 42 encounters was force used by the police against citizens or by citizens against the police. The force used by police consisted almost exclusively of grabbing and restraining; rearms were never used.112 Findings similar to these emerged from the questioning of citizens in 15 cities about police misconduct for the National Commission on Civil Disorders. Gerald D. Robin and Richard H. Anson say, Police incivility (verbal disrespect) rather than police brutality (physical abuse) is the salient issue in the publics criticism of the police.113 Also, the 1997 National Criminal Victimization Survey conducted by the Bureau of Justice Statistics revealed that less than l percent of the persons who reported a contact with the police during the prior reporting period said the police had used or threatened to use physical force on them. If force was used, respondents said it was usually because they provoked the ofcers.114 Police Department Responses to Police Brutality Police departments respond to the problem of excessive force by the police with a variety of solutions. Carl B. Klockars tells us that the leading proposed solutions to police brutality are improved training, better screening of applicants, citizen review, more aggressive internal affairs investigations, increased discipline, closer press scrutiny, community policing, clearer policy, tighter rules, and stronger leadership.115 Police departments have several responses to documented cases of police brutality. Sometimes they arrest, suspend, or terminate the ofcer. In the 1991 Rodney King incident and the 1997 Abner Louima case, the ofcers were 1236.ch12 6/17/04 11:32 AM Page 311 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 311 arrested and immediately suspended. The ofcers in the 106th Precinct stun gun case were all arrested, suspended from duty without pay, and eventually convicted. After conviction, they were terminated from the department. Most states allow for another avenue of discipline. Ofcers must be licensed or certied in the state in order to be a police ofcer. When an ofcer participates in conduct that falls outside state guidelines, the state must be notied. The charges may warrant a decertication hearing. This process adds to the checks and balances in police discipline. A problem that arose in the 80s and 90s was when departments would allow an ofcer to resign after misconduct to avoid the costly termination process and potential legal ght. Ofcers were often hired to be ofcers on other departments that did not conduct as thorough a background investigation as they should have. An expos by the press in Florida revealed there were some ofcers moving around the state from department to department after resigning due to misconduct that had never been reported to the state. Samuel Walker reports that some police departments take more proactive action to prevent ofcercitizen violence, such as instituting specialized training programs to reduce brutality and amending and adding detailed rules of engagement limiting force in police and citizen encounters. Walker points out, however, that these rules usually are a reaction to a crisis situation in the department rather than a systematic effort to improve policecitizen interactions.116 A good example of rules made in response to a crisis situation is the response to the 1984 Bumpers case in New York City. An emotionally disturbed person, Eleanor Bumpers, while being evicted from a city housing project, attempted to stab one of the ofcers and was subsequently killed by an Emergency Services ofcer using a shotgun. The shooting caused serious disturbances in the minority community in the Bronx. The ofcer who red the weapon was subsequently arrested by the Bronx district attorney for criminally negligent homicide but was later found not guilty at trial. In the wake of the shooting and the demonstrations, Police Commissioner Benjamin Ward changed department procedures regarding the police response to calls involving emotionally disturbed persons. The new rules called for the elimination of shotguns being carried in these cases by members of the Emergency Services Division and also mandated that a captain must respond to all such cases as the primary decision maker. Some say that improved hiring practices can cause a reduction of police brutality. The U.S. Commission on Civil Rights, after eld investigations and public hearings in Philadelphia and Houston, emphasized the importance of hiring more members of racial minority groups and upgrading their positions in police departments. The commission cited the study of the National Minority Advisory Council on Criminal Justice: Central to the problem of brutality is the underrepresentation of minorities as police ofcers. . . . It has been shown that the presence of minority police ofcers has a positive effect on policecommunity relations.117 Many police administrators hope that personality or psychological tests can be instituted that may help to identify individuals prone to corruption or abuse of power before they are hired. This would save departments money, time, and aggravation as well as protect or preserve the policecommunity relationship. The National Institute of Justice is currently examining this issue and has identied some personality traits that seem to correlate with ofcers involved in corruption. Included in these traits were difculty in getting along with others and immaturity. An initial recommendation NIJ makes to police departments is to carefully conduct and review background investigations. They provide further information at their Web site. Citizen Oversight Another important innovation suggested to reduce police brutality is citizen oversight, the process by which citizens (nonpolice) appointed by government executives review allegations of brutality or abuse by police ofcers. Generally, these boards have no power to discipline offending ofcers but can make recommendations to police ofcials. Many local governments have created citizen complaint review boards (CCRBs) to investigate alleged cases of police brutality. Citizen complaint review boards existed in the 1950s and early 1960s but became most popular after the civil disturbances of the 1960s and 1970s, primarily in areas where minorities believed that police were discriminating against them. CCRBs were bitterly opposed by some members of the police, and most either lasted only a short time or were not very powerful.118 Wayne Kerstetter has identied three different types of citizen complaint review boards based on the extent of citizen involvement. First, the citizen review model agency is outside of and independent from the police department and has the authority to receive and investigate complaints and to recommend discipline. Second, the citizen input model agency employs nonsworn police personnel to receive and investigate complaints, but the power to recommend discipline remains with sworn police ofcials. Finally, the citizen monitor model agency is part of the police department, and the agency receives, investigates, and 1236.ch12 6/17/04 11:32 AM Page 312 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 312 Part III / Police Operations adjudicates complaints. However, an independent citizen board serves as a check or safeguard over the process.119 In the 1980s, 30 cities established new citizen oversight agencies. Staff members from these agencies formed their own professional organization, the International Association for Citizen Oversight of Law Enforcement (IACOLE). By 1995, the National Association for Civilian Oversight of Law Enforcement (NACOLE) began operations in the United States. Of the nations 100 largest cities, 71 have citizen review mechanisms; and, since 1996, NACOLE has assisted more than 20 cities in their establishment of systems. Citizen review boards created to hear complaints against police have not always been successful. The Civil Rights Commission found the following about CCRBs: Their basic aws were that they were advisory only, having no power to decide cases or impose punishment, and that they lacked sufcient staffs and resources. The commission recommended that although disciplinary action must remain with the police department, there must be some outside review to assist the complaining citizen who is unsatised with the police departments nding.120 Despite calls for citizen complaint review boards to investigate allegations of police misconduct, some communities are not entirely comfortable with these boards. In 1991, the residents of Miami, Florida, defeated a resolution that would have given subpoena powers to citizen review boards. One proponent of this resolutionan attorney for the currently inactive Overtown Independent Review Panel, which was established in the wake of the 1989 Miami riotscomplained, If we cant even get an ofcer to come in and say what happened, then you dont have a real investigation. The president of the Miami Fraternal Order of Police, however, stated that the granting of subpoena powers to citizen boards would have given rise to perceptions that someone had to be the fall-guy, and needless to say, it was going to end up being a policeman.121 Terry Hensley, chief of staff inspections for the St. Petersburg, Florida, Police Department, reports that law enforcement is generally opposed to the idea of citizen review, whereas community and civil liberty organizations are generally in support of it. In his review of the current literature regarding citizen review, Hensley lists the pros and cons of the process. In favor of citizen review, Hensley cites the following: I I I I I There is a lack of communication and trust between the law enforcement and minority group communities. The lack of trust between law enforcement and minorities is accentuated by the belief that law enforcement agencies fail to discipline their own employees who are guilty of misconduct. Citizen review would theoretically provide an independent evaluation of citizen complaints. Citizen review would ensure that justice is done and actual misconduct is punished. Citizen review would improve public trust in law enforcement.122 Against citizen review, Hensley writes that: I I I I I I Citizen complaint review boards ignore other legal resources that citizens have for registering complaints (for example, states attorneys ofces, the federal EOC, civil suits, FBI civil rights investigations, and so forth). Citizens cannot understand the operations of law enforcement agencies and the laws, ordinances, and procedures that law enforcement ofcers must enforce. Citizen review boards have a destructive effect upon internal morale. Citizen review boards invite abdication of authority by supervisors and management. Citizen review boards weaken the ability of upper-level management to achieve conformity through discipline. Creating citizen review boards is tantamount to admitting that the police cannot police themselves.123 National Association for Civilian Oversight of Law Enforcement NACOLE has annual conferences and provides newsletters and training to interested parties: www.nacole.org Despite their problems, however, many still favor CCRBs. As Albert J. Reiss, Jr., wrote, Greater citizen involvement in police administration is one community response to police corruption and citizen review boards may have merit, despite the negative sentiments of some police chiefs.124 In a 1997 report, Samuel Walker and Eileen Luna were highly critical of police oversight in Albuquerque, New Mexico. They stated that the oversight mechanisms were 1236.ch12 6/17/04 11:32 AM Page 313 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 313 ineffective and in some cases, actually served to aggravate tension between residents and the Albuquerque police department.125 In 1997, in Tucson, Arizona, ofcials approved a plan that provided a double layer of oversight for their police department, with the establishment of a 10-member Citizen Police Advisory Review Board, as well as an independent auditor to monitor the investigation of complaints against ofcers.126 Despite the valid arguments on both sides of the issue of citizen oversights, processes involving citizens are widely used. Seventy-ve percent of the largest U.S. cities have established some form of review in which citizens participate. Therefore, the issue may have been settled from the publics point of view as to the value of these reviews. The only decision to be made is what type of review system to incorporate. The issue, as viewed from the police perspective, is that these types of boards are most often implemented after a highly publicized and emotionally charged incident has occurred. Consequently, they are sometimes hastily put together and may not be the system best designed to serve the particular police department. To have more time and input in choosing the system that best complements the police organization, many departments are taking a proactive approach and putting a system in place before a crisis erupts. Ultimately, this may contribute to the success of the system for all concerned.127 The Emotional Toll The emotional toll that internal affairs investigations can cause is a subject often ignored by academics. While it is agreed that it is important to receive, document, and track complaints against the police for many reasons, it does need to be noted that people have all sorts of reasons for complaining about police ofcers. Many mistakenly hope to get out of whatever charges they face from trafc tickets to arrests. Oftentimes the person charged is not even the one to make the complaint. He or she tells someone about it, and that third party may decide to make an issue of it. These complaints can generate a lot of media attention. The media love to report on bad cops, sometimes even without the facts all being in. The public reads about it in the paper or hears about it in the news, and the statement is often made that Ofcer Smith would not comment, which the public may view negatively. The press does not usually mention that most of the time department policy and sometimes state law may prevent an ofcer from discussing an ongoing investiga- tion. This results in the citizen complainant getting to tell his or her story, often over and over, with that account not being disputed by the police until the conclusion of the investigation. Unfortunately, this procedure can take weeks or months, depending on how involved the investigation is. This has a drastic impact on the psychological wellbeing of the ofcers involved, as well as their families, as they see their names trashed in the papers and on the news. Sometimes fellow ofcers may unintentionally distance themselves from an accused ofcer, wanting to avoid any negative publicity or association. Command staff and supervisors may also avoid contact with the ofcer in hopes of not contaminating the investigation, and the involved ofcer is often placed on administrative leave. This leads to the ofcer feeling abandoned and alone, with no one to talk to about the incident. Departments often dont take this into consideration, as their most pressing concern becomes distancing the department and their policies from the ofcers behavior if necessary. Police administrators and ofcers need to remind themselves that police ofcers go into law enforcement to serve the public and do the right thing. If by being wrongly accused or by making a mistake they are now vilied, the effects can be devastating. The worst-case scenario is the ofcer who commits suicide as his or her world crumbles; and lesser problems include turning to alcohol, marital problems, or extreme cynicism for the remainder of his or her career. Police administrators need to be cognizant of the emotional toll of internal investigations and have some procedures in place to help minimize those effects. Promoting Integrity The ideal way for police agencies to handle the deviance and corruption issue is through prevention. If a department takes a proactive stance toward promoting integrity throughout the department, the environment will not be conducive toward the development of corruption or deviance. First, departments need to promote integrity throughout the organization, starting with the top executive. If the chief uses department resources or personnel to work on his or her home, what is the message the ofcers get? Chiefs need to examine their behavior and make sure everything is above board with nothing that could be misinterpreted. Rank and le who see the command staff taking shortcuts will assume it is tolerated. Training and education should also be provided for the ofcers to encourage them to role play potential ethical dilemmas, understand what is acceptable behavior and what is not, and know what to do when a situation arises that needs to be 1236.ch12 6/17/04 11:32 AM Page 314 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. 314 Part III / Police Operations addressed. Ofcers need to be aware of the department policies as well as state laws regarding critical areas such as use of deadly force, use of less than lethal force, pursuits, workplace harassment, and racial proling. Departments need to make sure their policies and procedures are clear and provide guidelines to the ofcers in their behavior. They need to be realistic, relevant, and regularly reviewed and updated. Policies and procedures should not be used or be viewed by ofcers as being used as a way to hang the ofcer. Citizens should be informed of the procedure of making a complaint against a department employee. They should be allowed to make the complaint via phone, by mail, or in person. The department should have a procedure in place to govern taking these complaints to make sure they all get investigated and a determination is made regarding the validity of the complaint. Cases should be able to be tracked. It can cause problems and bad press when citizens bring up former complaints that were made and claim that nothing was done; if a complaint was not properly documented or recorded the department/ofcer cant properly defend themselves when in fact the ofcer was cleared or the behavior was justied. Proper documentation and tracking shows the community that the department is not afraid to examine allegations and then take disciplinary action when an ofcer is wrong. This will promote a feeling of trust between the police and the community. It is also helpful if the department takes a proactive approach to misconduct. This is often done through various early warning systems.128 It has been understood that it is usually a small percentage of police ofcers that cause departments most of their problems. Bigger departments may need help in trying to determine who these people are before a problem reaches the critical stage. The department will decide what factors or criteria they want to look at to aid them in recognizing if an ofcer has a tendency toward violence or excessive force before it becomes a serious problem. In a small department, most supervisors will know all the ofcers working the street and their personalities and reliability. Bigger departments with their changing shifts, zones, and supervisors may not be immediately aware of potential problem ofcers. These systems must be coupled with the common sense of supervisors and management. Ofcers with more aggressive assignments and generally working the nighttime shifts will generate the most complaints because their assignment is to be proactive and prevent crime. Also, sometimes more senior ofcers have learned that the best way to stay out of trouble and avoid controversy is to avoid contacting people on the street if they dont have to. Consequently, these ofcers will generate very few citizens complaints. If a ag is raised regarding an ofcer who seems to have a tendency toward rudeness or excessive force, the department can use counseling or training to help correct the problem. Most departments have standard procedures to investigate any police-involved shootings, as well as use of the stun gun or chemical spray. Again, the routine documentation and, when necessary, investigation will let both the ofcers and the community know these are important issues and help the department to identify at-risk ofcers. Lastly, open communication with the public will help promote integrity. The public should have access to policies and procedures, and they (as well as the ofcers) should know what the expected behavior is for ofcers and the department. Soliciting input and actually considering it or using it will also provide valuable relationships with the public. The 1998 Government Accounting Ofce report mentioned earlier also recommended changing the police culture, spreading accountability throughout the department, raising the age and education requirements for police ofcers, improving/implementing integrity training for recruits and in-service ofcers, and establishing an independent monitor to oversee the department and internal affairs investigations as well as the implementation of community policing. These efforts, together with integrity testing, early warning systems, and proactive investigations of ofcers and/or units with corruption complaints, will aid in the detection and cessation of corruption and deviance. Additionally, the Department of Justice (DOJ) advocates having good, solid policies and procedures in place so that everyonerank and le, supervisors, administrators, and the publicknows what is expected. These policies recognize and respect the value and dignity of all people, encourage courtesy in all contacts, and discourage the use of force unless absolutely necessary.129 The Department of Justice The Department of Justice provides examples of model police practices and policies, including high-liability areas and complaint investigations, on their Web site: http://www.ojp.usdoj.gov 1236.ch12 6/17/04 11:32 AM Page 315 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc. Chapter 12 / Police Ethics and Police Deviance 315 When a department promotes integrity and consequently works together with the community to solve problems and reduce crime, this will lead to an improved quality of life for all. Former Attorney General Janet Reno called attention to the inscription on the side of the Justice Department Building in Washington, D.C., that reads The common law is derived from the will of mankind, issuing from the life of the people, framed by mutual condence and sanctioned by the light of reason. She followed this, in concluding her introduction to the DOJ report on integrity, with the comment, Policing at its best can do more than anything to frame that condence and bring together all of the people, in the knowledge that the law speaks fairly to them.130 CHAPTER SUMMARY Police deviance, which has a long tradition in U.S. police departments, appears to be intractable. This chapter discussed the many forms of police deviance, including corruption, drug and alcohol abuse, cooping, police deception, abuse of authority, verbal abuse of citizens, sexual violence, domestic violence, and police brutality. The chapter detailed examples of police corruption, types and forms of corruption, reasons for police corruption, and responses to police corruption. It also discussed the tradition of police brutality, gave some recent examples of police brutality and police abuse, and talked about responses to police brutality (including citizen oversight). The extremely serious problems that this chapter discussed tarnish the image of police departments and all police ofcers. Stories of police deviance sell newspapers. A police ofcer or a group of ofcers who commit deviant acts occupy the front pages of newspapers for weeks. The temptations leading to corrupt and brutal acts by police ofcers are tremendous. However, not all police ofcers commit deviant acts. In fact, a very small percentage of police ofcers are brutal or corrupt. It would be nice if we could eliminate all police deviance. Unfortunately, however, we recruit our police from the human race, so we will always have some bad police ofcers along with the many excellent ones. Police departments must do all that is necessary to prevent police deviance. Also, honest police ofcers must bring to light the actions of the few deviant police ofcers in their midst to keep the profession as honest as possible. Policing can then become a better and easier profession. 4. Dene police brutality. Identify some of the forms it takes. 5. Identify and discuss forms of police deviance other than corruption and brutality. Application Exercise Because of your experience in taking this course, you have been appointed assistant to the police commissioner of Anyburgh, USA. Anyburgh has had a 10-year tradition of numerous brutality and corruption complaints against its ofcers. The commissioner requests your advice regarding the effects of these allegations on the integrity and effectiveness of the department, as well as methods he can take to reduce them. Web Exercise Go to the IACP Web site (www.theiacp.org) and examine their code of ethics as well as the oath of honor and determine what the difference is between these two items. What kind of training does IACP offer on the topic of ethics? Also visit a state, county, and municipal law enforcement agency site on the Internet. What procedures are in place for someone to make a complaint against a police ofcer? Will these procedures encourage or discourage complaints? Key Concepts Citizen oversight Integrity test Internal affairs division (IAD or IA) Judicial review Knapp Commission National Treasury Employees Union v. Von Raab (1989) Proactive investigation Learning Check 1. Dene police corruption. Identify some of the forms it takes. 2. Explain why some police ofcers become corrupt. 3. Discuss whether something about police work makes police corruption and other police deviance intractable. 1236.ch12 6/17/04 11:32 AM Page 316 An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc.

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1236.ch09 6/17/04 11:26 AM Page 190An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc.CHAPTER#CHAPTER OUTLINE9Police and the CommunityCitizen Police Academies Other Police-Sponsored Crime Prevention Programs P
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1236.ch10 6/17/04 11:27 AM Page 222An Introduction to Policing COPYRIGHT 2005 Wadsworth, a division of Thomson Learning, Inc.CHAPTER10#Community Policing: The Debate ContinuesCHAPTER GOALSICHAPTER OUTLINECorporate Strategies for Policing The Phil
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Case Law On Policing1Influence of Case Law on Policing Jessie Lassabe CJS 210Case Law On Policing2 December 12,2009Influence of Case Law on PolicingCase law controls many of the efforts of police. This is done when a criminal figures out a way aroun
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CJS/210 December 17, 2009Officer Personality TraitsJessie LassabeWhen it comes to personality traits in an officers job there are five that come to mind suspicion, hostility, insecurity, conservatism, cynicism. Not every officer has all five of these t
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SHORT TITLE OF PAPER (50 CHARACTERS OR LESS)1Title of Paper Your Name Course/Number Date Instructor Name (Doctoral students must include the following on the title page instead: title, authors name, and institution name)SHORT TITLE OF PAPER (50 CHARACT
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University of Phoenix - CJS - 212
SCI 230 1 The Scientific Method and Plantstific M ethod and PlantsThe experiment at hand is why do plants tend to grow towards the light. In order find out why the plants do this then we must follow the scientific method. We must first observe and quest
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To begin I will explain the duties, functions, and responsibilities of the local law enforcement. Then I will explain the duties, functions, and responsibilities of the state law enforcement. Next I will state the major differences between the two. In add
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Minooka Police Dept.ol Sergeant tiveSergeant uty Chief eputy Sergeant ctiveChief rol Sergeantcfw_5B816D73-D458-4E58-880F-A0D73346822Acfw_5B816D73-D458-4E58-880F-A0D73346822AChief of Police Chief of Policecfw_5D452271-45D7-40A3-88EA-3220690DB13B cfw_5
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Organization of Unionville, Mo. Police ForceBy: Jessie Lassabe Click to edit Master subtitle style1/9/11Unionville, Mo. Population 2,565 Police officer 2 3 Area covered 2 squarecfw_828FC7AE-40C0-4EDB-8B3B-06A4A158D654Click to edit Master subtitle sty
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O rigins of life Theories 1Origins of life T heoriesSci/230O rigins of life Theories 2Jessie Lassabe 1/7/2010O rigins of life Theories 3Where did life come from? How was it created? Did help come from the cosmos? These are all questions that have be
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Police Ethics 1Police EthicsBy: Jessie LassabePolice Ethics 2December 20, 2009 CJS/210Police Ethics 3 Ethics, what is ethics? What role do ethics play in policing? Do police have ethical standards? If there is ethics in policing then is their devianc
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Galapagos Island 1 By: Jessie Lassabe 01/08/2010 Please Help Save M e SCI/230Save The Unique Galapagos IslandsGalapagos Island 2When it comes to the Galapagos Islands there is a diversity of unique creatures found nowhere else on earth. This diversity
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Galapagos Island 1 By: Jessie Lassabe 01/24/2010 Please Help Save M e SCI/230Save The Unique Galapagos IslandsGalapagos Island 2When it comes to the Galapagos Islands there is a diversity of unique creatures found nowhere else on earth. This diversity
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SCI 230 1 The Scientific Method and Plantstific M ethod and PlantsSCI 230 2 The Scientific Method and PlantsThe experiment at hand is why do plants tend to grow towards the light. In order find out why the plants do this then we must follow the scienti
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T he process of mitosis and meiosis are both important to a living organism because t his is what allows the living organism to reproduce sexually. In animals and people and any other living organism uses this to provide DNA from both donors. However, pla
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Galpagos Islands I know you did not ask for a reason why. However, I have chosen to say why. I have chosen the Galapagos Islands because they were the basis for Darwins theory of evolution by natural selection. This really peeked my interest and convinced
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T he basic physiological process that I will use is getting r id of waste. Getting r id of waste is a really important process. This process is need by every organism from the smallest single cell all the way to the most complex creature on earth and in t
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The current estimate of the worldwide human population is six billion, seven-hundred ninety six million, four hundred nine thousand, and Seven hundred forty-six people on the face of the earth currently. This number will change drastically moment-to-momen
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How did Mendels approach to answering scientific questions differ from that of his contemporaries? Mendel instead of trying to take on every different trait and why they worked for blending he only did seven. These seven traits allowed him to control the
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Axia College MaterialAppendix E Photosynthesis and Cellular Respiration MatrixComplete the matrix. Use the following questions to aid in completion: What is the purpose of this pathway? Reactants: What does this reaction need to proceed? Products: Wha
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The two major differences that I see in the organization of personnel between the two departments are. One the Unionville, Missouri police department does not have a deputy chief. Where as the Minooka Police Department have two deputy chiefs. In addition,
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I feel that people should play a proactive role in persevering regions that are threatened by human encroachment. This proactive role can be anything from donations to actually visiting these areas to volunteer time to help. When it comes to donations you
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University of Phoenix - CJS - 212
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