Police Deviance
Police deviance occurs when law enforcement officers behave in a manner
that is “inconsistent with the officer's legal authority, organizational
authority, and standards of ethical conduct” (Barker and Carter, 1986, pp. 2–
3)
Deviance- Any behavior that breaks the law or goes against societal
norms can be considered deviant. One example of deviant behavior is drug
use. Using illegal drugs is considered deviant behavior in most social groups.
Committing acts of violence, such as assault or murder, is also considered
deviant behavior.
Corruption- dishonest or illegal behavior especially by powerful
people (such as government officials or police officers) inducement to wrong
by improper or unlawful means (such as bribery) the corruption of
government officials.
Police misconduct is inappropriate conduct and illegal actions taken by
police officers in connection with their official duties.
Malfeasance
-- intentional commission of a prohibited act or intentional
unjust performance of some act of which the party had no right (e.g.,
gratuity, perjury, use of police resources for personal use)
•Misfeasance
-- performance of a duty or act that one is obligated or permitted to do in a
manner which is improper, sloppy, or negligent (e.g., report writing, unsafe
operation of motor vehicle, aggressively "reprimanding" a citizen, improper
searching of suspect)
•Nonfeasance
-- failure to perform an act which one is obligated to do either by law or
directive due to omission or failure to recognize the obligation (e.g., failure to
file report, improper stop & frisk, security breach)
Police deviance occurs when law enforcement officers behave in a manner
that is “inconsistent with the officer’s legal authority, organizational authority
,and standards of ethical conduct”
Police deviance includes but is not limited to discrimination, misconduct,
intimidation ,sexual harassment, corruption ,excessive force, use of
restricted weapon and illegal surveillance Police deviance is a much broader
term than corruption. It includes all activities which are inconsistent with
norms, values, or ethics. Police deviance and abuse
of police power have emerged a major issue of human Rights concern and on
e of the rootobstacles to democracy and development of human wellbeing in
contemporary societies.
TYPES OF POLICE DEVIANCE
POLICE GRATUITY
A gratuity is the receipt of free meals, services, or discounts. Non federal
police usually do not regard these as forms of corruption ("not another
lecture on the free cup of coffee or police discount").
These are considered fringe benefits of the job. Nevertheless, they violate
the Code of Ethics because they involve financial reward or gain, and they
are corruption because the officer has been placed in a compromising
position where favors (a "fix") can be reasonably expected in the future.
When there is an implied favor (a "wink and nod"), it’s called "mooching".
When the officer is quite blatant about demanding free services, it's called
"chiselling".
POLICE SHAKEDOWNS
A shakedown is when the police extort a business owner for protection
money. The typical scenario involves gay bars, which are considered the
most vulnerable. In some cities (like Boston for example), police are still
charged with the power to inspect bars for compliance with liquor
regulations. Officers are then in a position to threaten bar owners with
violations if they do not make payoffs, and promise to intercept ("fix") any
other violation reports
processed through department channels. In other cities (like San Francisco, f
or example),officers would promise extra protection against gay-bashing in
return for extra payments. Instill other cities (like New Orleans, for example),
moonlighting officers would make extra money from "details" in liquor
establishments, and be paid extra for overlooking open sex or drug
violations.
POLICE PERJURY
This is usually a means to affect an act of corruption, leaving out certain
pertinent pieces of information in order to "fix" a criminal prosecution.
"Dropsy" evidence is typical, where the officer testifies untruthfully that
he/she saw the offender drop some narcotics or contraband. Lies that
Miranda warnings have been given, when they haven't, are also typical. Lying
in court is called "testifying", and police can do it coolly; they're trained
witnesses. Other actors in the system, supervisors and even judges, are
often aware of the perjury. They pretend to believe police officers who they
know are lying. Everybody's happy with the system. The cop gets credit for a
good bust; the supervisor's arrest statistics look good; the prosecutor racks
up another win; the judge gets to give his little lecture without endangering
his re-
election prospects, the defence lawyer gets his fee in dirty money, and the p
ublic is thrilled that another criminal is off the street (Dershowitz 1996).
POLICE BRUTALITY
Police brutality has been defined as excessive force, name calling, sarcasm,
ridicule, and disrespect (President's Commission 1967). Other commissions
have simply used a vague definition as "any violation of due process". Kania
and Mackey's (1977) widely-regarded definition is "excessive violence, to an
extreme degree, which does not support a legitimate police function." When
a citizen charges police brutality, they may be referring to a number of
things, including:
• profane or abusive language
• commands to move or go home
• field stops and searches
• threats of implied violence
• prodding with a nightstick or approaching with a pistol
• the actual use of physical force
Only the last one of these (unreasonable and unnecessary actual use of
physical force) can be considered police brutality. This is commonly
expressed as "more than excessive force”. Police perjury and police brutality
go hand in hand, as officers who commit brutality will most likely lie on the
stand to prevent the possibility of a lawsuit or departmental charges.
POLICE PROFANITY
There are many reasons why a police officer would use obscene and profane
language. Effective use of verbal communication is one of the skills expected
in police work. Concepts such as "command voice" and "command presence"
are routinely taught at police training academy. The FCC specifically
condemns certain words on radio and television that are “patently offensive",
but there's no such mechanism for determining what's offensive with
interpersonal communication.
The following topology exists:
• words having religious connotations (e.g., hell, goddamn)
• words indicating excretory functions (e.g., shit, piss)
• words connected with sexual functions (e.g., fuck, prick)
Generally, words with religious connotations are considered the least
offensive and words connected with sexual functions are considered the
most offensive. It's commonly the case, however, that use of such language
by police officers is purposive and not a loss of control or catharsis.
• to gain the attention of citizens who may be less than cooperative
• to discredit somebody or something, like an alibi defense
• to establish a dominant-submissive relationship
• to identify with an in-group, the offender or police subculture
• to label or degrade an out-group
POLICE SEX ON DUTY OR DUTY RELATED
Contacts with promiscuous females and minimal supervision are part of the
job. Sooner or later, every police officer will be propositioned. There are a
number of women who are attracted to the uniform or the aura of the
occupation. Every police officer will be able to tell you stories about police
"groupies". These are women who make the rounds by waving at officers,
getting them to stop or pull over, and then set up meetings to have sex with
them, or sometimes right then and there. A woman such as this typically has
sex with whole departments and hundreds of police officers.
Other situations involve:
• traffic stops-- to get a closer look at the female or information about her
• fox hunting-- stopping college girls to get the I'll do anything routine
• voyeurism-- window peeping or interrupting lover’s lane couples
• victim re-contacts -- consoling victims who have psychological needs
• opposite sex strip searches-- touching and/or sex with jail inmates
• sexual shakedowns-- letting prostitutes go if they perform sex acts
POLICE SLEEPING ON DUTY
On the night shift, the police car is sometimes referred to as the "travelling
bedroom".
In police argot, a "hole" or "coop" is where sleeping takes place, typically the
back room ofsomeplace the officer has a key to and can engage in safe
"cooping". Police officers who attend college during the day or moonlight at
other jobs in order to make a decent living are often involved in this kind of
conduct. Numerous court appearances during the day can also be a factor,
along with the toll of shift work.
POLICE DRINKING & ABUSING DRUGS ON OR OFF DUTY
There are endless opportunities to drink or take drugs while on duty (e.g.,
victim interviews, shakedowns, contraband disposal), and the reasons for it
are many: to get high, addiction, stress, burnout, or alienation from the job.
However, even in cases of recreational usage (which doesn't exist, since
officers are never off-duty or have any of their "own time"),
the potential is there for corruption. The
officer must obtain the drugs from some intermediary, involve others in
transactions, and open the door to blackmail, shakedowns, rip-offs, and
cover-ups. It sets a bad example for public relations. It will affect judgment,
and lead to the greater likelihood of deadly force or trafficking agents.
Alcohol and drug use tends to become a systemic problem; others become
involved, either supporting or condemning the user.
POLICE MISUSE OF CONFIDENTIAL INFORMATION
This normally involves jeopardizing an ongoing investigation by "leaking"
information to friends, relatives, the public, the press, or in some cases,
directly to the criminal suspects or members of their gang. The officer may
be unaware that they are even engaging in this kind of conduct which may
involve "pillow talk" in some instances. Failed raids, for example, are often
due to a leak in the department.