Chapter 10 - Accountability & Ethics Upload

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Unformatted text preview: Accountability & Ethics Accountability (Chap. 10) (Chap. Outline Outline How police behavior is controlled » internal & external oversight mechanisms policies, rules, regs early warning systems civilian review boards legal controls decertification » professional & ethical standards Police Accountability Police In democratic societies, police are In accountable to the public accountable » accountable for what they do accountable what » accountable for how they do it (focus) (focus) accountable how Tension between effective policing & Tension legal due process legal Two broad methods of controlling broad police behavior police 1) ___________mechanisms » Internal » External 2) Professional & ethical _________of conduct Internal Oversight Mechanisms Internal ___________processes » a variety of internal policies, guidelines, directives, variety rules & general orders govern officer behavior rules » ________– guiding principles regarding proper ________– courses of action courses » ________– ID role & mission ________– » _______– more specific statements related to _______– goals goals make arrests in 25% of burglary cases » ________– methods or steps to be taken when ________– performing tasks or solving problems performing investigations » ___________– ID required or prohibited ___________– behaviors behaviors badge must be displayed at all times Internal Mechanisms (contd.) Internal Internal Monitoring of Behavior » ______________ = central task of management Suffolk LAPD County PD – DWF - OISs Internal Mechanisms (contd.) Internal ____________Evaluations » provide feedback to employees regarding provide outstanding, acceptable, or inadequate performance performance » but not foolproof Internal Mechanisms (contd.) Internal ________________ a.k.a. Office of Professional Standards » responsible for investigating alleged officer responsible misconduct misconduct » may be reactive in response to complaints or may proactive & conduct “stings” proactive A few examples… few Late 1960’s - NYPD narcotics detectives routinely Late robbed & extorted narcotics dealers. robbed » Activities publicly exposed during Knapp Commission hearings Activities of 1972 of » Secret tapes played of conversations between undercover Secret narcotics detective Frank Serpico narcotics Late 1980’s - Miami drug cops earned huge sums Late selling cocaine they stole during raids. » Officers spent most of their time planning robberies rather than Officers fighting crime fighting Late 1980s - members of an elite LASD Late narcotics squad stole millions of dollars from drug dealers drug » bought boats, cars & vacation homes. bought » With FBI help, sting caught the officers stealing cash With from what they thought was a drug dealer’s hotel room. » Testimony by the squad’s supervisor (who actually Testimony instigated the corruption) led to the conviction of his entire crew entire Mid 1990’s - NYPD officers from the 30th precinct nicknamed “The Dirty Thirty” - were arrested for robbing drug dealers &selling drugs robbing » One officer pocketed $100,000 in cash he found in a home. » Another auctioned off a kilo of stolen cocaine from his patrol car Another (the high bid was $16,000). » Others called on department experts to crack open a safe that Others contained a lot of cash. They then took everything but a few thousand dollars, which was booked as evidence to avert suspicion suspicion Internal Mechanisms (contd.) Internal Early _________/ Early _____________Systems » Data-based management tool designed to ID officers Data-based whose performance exhibits problems whose » Research has shown that a small group of officers Research receive a disproportionate share of citizen complaints (“problem-prone officers”) (“problem-prone Internal Mechanisms (contd.) Internal EIs can be useful management tool Not necessarily used to punish EIs should not be used blindly Internal Mechanisms (contd.) Internal For ex., # complaints may vary by: » officer ________ » officer ___________ » _____________________________ Complaints… Complaints… Comparing rates of complaints across Comparing agencies or over time agencies » an agency that __________ complaints may an look worse than one that ____________complaints ____________complaints » an agency that __________ its complaint an process could look worse afterwards Complaint Outcomes Complaint _________– complaint is deemed justified _____________– complaint cannot be _____________– considered true or false considered _____________– complaint is false ____________– complaint may be true, ____________– but behavior justified, legal, & within policy policy 3 Responses to Misbehavior Responses 1) Ignore it 2) Protect officers 3) Deal with it 3) » non-punitive actions » disciplinary actions External Oversight Mechanisms External _________oversight _________oversight » a.k.a. external review; ______________(CRB) » Walker & Katz (2005) ID’d 4 basic models of CRBs ________ ________ systems: CRB investigates complaints & makes a recommendation about discipline to chief makes ________: ________: complaints investigated by PD, but CRB examines investigative files & makes recommendation examines _________: _________: PD investigates complaint & makes disposition, but complainant may appeal to CRB is not satisfied not _________: _________: PD retains full responsibility for complaints, but an independent agency has authority to audit or monitor the performance of the PD’s IA unit the Proponents of ________Review Proponents » maintains officer morale » doesn’t interfere with Chief’s or Commissioner’s doesn’t authority authority » doesn’t intrude on professional independence of doesn’t police police » other methods available to citizens if not satisfied the courts; elected & appointed officials » external review may not be impartial external » people who are not police officers are not people qualified to review police operations qualified Proponents of _________Review Proponents Claim internal review… » supports isolation of police from public » it decreases public trust of the police » favors the police complaints may not be recorded may not be investigated fairly rulings favor police Legal Controls: Criminal, Legal & Administrative Administrative _____________ decisions set national _____________ standards for local police standards » Mapp v. Ohio (1961): exclusionary rule – evidence obtained by searches & seizures in violation of Constitution is inadmissible in a state court state th ____________ » “___________” action: A person may sue a ___________” police officer, his or her supervisor, the chief & the city for damages if he or she has been deprived of a federally protected right by an official acting under “color of law” (i.e.,. in an official capacity) official false arrest and imprisonment use of excessive force (e.g., Rodney King) wrongful death There have been large increases in the # There of civil suits filed against police since 1960s 1960s one estimate is about 30,000 per year in 1990s » City of Detroit paid out an average of nearly City $10 million per year in 1990s for police misconduct misconduct » LA paid $8 million in 1990 What has been the effect on police What accountability? accountability? Some research suggests civil suits have Some had _______________ had However, some agencies have instituted However, reforms to reduce misconduct litigation reforms Pattern or Practice Suits Pattern ______________ – a formal agreement ______________ between the DOJ & an LEA designed to settle a civil law suit without going to trial settle » brought for systematic pattern or practice of brought abuse of citizens’ rights abuse e.g., racial profiling, excessive force at least 14 PDs investigated » authorized by the 1994 Violent Crime Control Act » ________also bring pattern or practice suits » Impact of consent decrees VERA VERA Institute of Justice evaluated Pittsburg PD’s reforms reforms found many positive changes (policies; reporting & found tracking) tracking) no major negative impacts _________________________ _________________________ ____________ of officer’s state certificate ____________ or license issued upon successful completion of state-mandated training One of the most common state legislative One & administrative approaches for addressing police misconduct » As of 2001, adopted by forty-three states As Unlike ___________, revocation of the Unlike certificate prevents the officer from continuing to serve in law enforcement in the state Grounds for decertification encompass Grounds a wide range of activities, including misconduct on or off duty misconduct South Carolina regulations regarding South revocation or suspension » The repeated use of excessive force in dealing The with the public and/or prisoners with » Dangerous and/or unsafe practices involving Dangerous firearms, weapons, and/or vehicles which indicate either a willful or wanton disregard for the safety of persons or property the » Physical or psychological abuses of members Physical of the public and/or prisoners of Examples of Need Examples Village of Darien PD, Wisconsin » Officer terminated for offering to drop or void traffic citations against Officer male drivers in exchange for sexual favors. » Later hired by Bloomfield PD where he committed two similar acts. » Bloomfield PD was unaware of prior misconduct as Darien PD Bloomfield concealed officer’s personnel file from Bloomfield officials as well as from the state agency investigating White. Helena PD, Arkansas » Officer offered to fix traffic tickets for three women in exchange for Officer sex. » Resigned & applied to Pulaski County Sheriff’s Department. Resigned » During the background check three Helena officers sent letters of During recommendation with no mention of traffic-fixing incidents. » Was hired by Pulaski County, and officer subsequently forced Was women detainees to undress & engage in various sex acts in his presence while on duty. Examples of Decertification Examples Little Rock, AK » Following a traffic stop, followed a woman home to get insurance papers & Following coerced her into having sex. The U.S. Court of Appeals for the Eighth Circuit upheld a $100,000 judgment against the officer, as well as the district court’s finding that his conduct “shocked the conscience” in violation of substantive due process. due St. Louis, Missouri » Officer stopped a woman for a traffic violation & discovered she was wanted Officer in connection with a child custody case. The officer also found marijuana in the car, and he told the woman he could help her avoid criminal charges if she agreed to have sex with him in his personal car. She did but subsequently reported the incident. This officer was fired by the Department & his certificate was revoked by the state’s POST. his Arizona » At a suspect’s criminal trial, a Sheriff’s deputy testified that the suspect had At made incriminating statements that established his guilt. The deputy’s testimony was false & a felony complaint was issued charging him with two counts of perjury, a class four felony. Later accepted a plea agreement & was subsequently decertified. subsequently ...
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This note was uploaded on 06/02/2011 for the course CRJU 311 taught by Professor Kaminski during the Spring '11 term at South Carolina.

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