Saturday, December 19, 2015

The Corruption of Duty: When Law Enforcement Becomes Criminal

Abraham Lincoln is credited with saying, “Nearly all men can stand adversity, but if you want to test a man’s character, give him power.”

There is something especially loathsome, sickening and offensive when those who have sworn an oath to protect society instead turn their granted authority towards illicit means of self-gratification and abuse. Corruption remains a ever present problem that shadows every facet of law enforcement on both a local and federal level. The opportunities to fall can appear in many forms, as seemingly innocuous as falsifying parts of a report to protect a colleague that has potentially crossed the line while dealing with a suspect. Or as apparently wrong as rationalizing reasons to take some of the money found during a drug bust.

The corruption of duty in law enforcement always effects far more than just the apparent individuals immediately involved with the unfortunate situation. It erodes essential public trust, and harms the overall legitimacy of police work.

It was Sir Robert Peel's, rightfully credited with a great many policing techniques that are still relevant in these modern times, famously wrote, “the police are the people and the people are the police,” further emphasizing a belief that policing was an inclusive effort that required both the surrounding community and authorities working in tandem to create a harmonious relationship beneficial to all involved. When the community and police divide into sides there are no benefits for either.

There appears to be two frequent themes that lead to corruption in law enforcement. The first is harmatia, which was a staple in many classic Greek tragedies, is described by a majority of modern scholars as a “tragic flaw” of character that ultimately leads to an extremely poor judgment call. Classic literary characters who can serve as glowing examples of this are Macbeth; who was overly ambitious to a point of greed, Or Othello; who was intensely prideful and prone to jealousy. In law enforcement harmatia can be exemplified in such scenarios surrounding police officers who desire to clean up a crime ridden area, and begin justifying using false reports and planted evidence on suspects to accomplish such means. However when such dishonest tactics are finally discovered their actions have the completely opposite effect of making a city a safer because all their cases, even those completely just, may be overturned allowing even individuals guilty of violent crimes free.

The second is hubris, when one in a position of power loses focus of reality as they instead overestimate their capabilities and competence, allowing past successes or the authority of their station lead them into a foolish mistake they should have otherwise been aware of. “Pride goeth before destruction, a haughty spirit before a fall” is a proverb that fits perfectly in this definition. In law enforcement an officer may fall prey to hubris as they come to believe their role elevates them above many of the very same laws they are enforcing.

Unfortunately many men and women who are entrusted with a badge tend to also begin, or perhaps have always secretly believed, that such a duty also gives them some sort of fringe benefits and extra privileges beyond those of the average American citizen. There should be two truths drilled into every trainee in any given department from the very start; being an officer of the law only brings a sense of pride and more responsibilities.

Becoming a member of any form of law enforcement does offer a great deal of authority. The more power any man or woman is given, the more they will be forced to confront an internal struggle between their moral identity, their own level of aggressiveness, and what is considered ethical. This inner conflict theoretically leads to two types of outcomes when an individual finds themselves in a place of authority.

The first, and perhaps worst outcome, is referred to as “personalized power”, leading to a situation when power, and all its possible benefits, are internalized and used to gain of the individual more than anyone else. The second, and an outcome the world sorely needs more of, is called “socialized power’. This refers to when an individual decides to actively use their sphere of influence for the betterment and benefit of all concerned. They may utilize their wealth to fund community projects, bring altruistic laws into existence, and other such communal acts with an overall benevolent goal.

To a much lesser degree, far below the lofty machinations and powers possessed by rulers, being a police officer in any given society, is a level of authority a great majority of common citizens will never experience. When the environment, culture and role of law enforcement is dissected, examined, and studied more closely, it becomes much easier, if even no more excusable, to comprehend how and why the threat of corruption is always present. Such corruption can occur so quickly, that large numbers of officers or even an entire department’s culture can fall prey before anyone discovers it is happening. 


Everyone from the cops patrolling the inner cities, correctional officers keeping watch over prisons, to FBI agents tracking shady financial dealings, all members of law enforcement constantly confront a side of society most people would prefer not to think about. Eventually, most likely sooner than later, there will come a time when the opportunity to profit will present itself during the course of duty. Be it during a raid where stacks of money or drugs are seized, a bribe to turn a blind eye to some illicit act, or encouragement to be a “team player” by helping those

An often over looked accelerator or deterrent to police corruption is Subculture, the bond, attitudes, beliefs, traditions and perceptions sometimes shared by as many as a majority of officers of any given department. Is there a strict “no gratuities” policy upheld? Is there a shared view of a particular population of people within that given city or town? What is the relationship like between the officers and the administrators? Or is there a “warrior culture” upheld by any number of colleagues? All these, and many more, serve as possible factors that can or may lead to either honorable behavior or immoral decisions.

It should be noted that police corruption does not just occur on its own. It is often aided, if even unintentionally, by beliefs and practices held almost ‘sacred’ by some departments. Power and the Blue Curtain go together quite well. The LAPD’s anti-gang unit is a granted example of protecting officers despite being aware of their questionable actions. Instead of stepping in and ending the terrible misdeeds of their compatriots, these officers were far more concern of keeping to an outdated code.

Such beliefs and practices also lead to the near dissolution of the Crestview, Florida police department. Their troubles began almost immediately after one Maj. Joseph Floyd joined their ranks. Floyd had an extensive criminal record. For 8 straight years this supposed officer of the law was fired, quit, or forced to resign from three separate police departments for various charges ranging from falsifying reports, lying, insubordination, and excessive force.

How was it possible for such a questionable individual to acquire a job at Crestview's department? Floyd also just happen to be old friends with then police chief, Brian Mitchell, who despite being fully aware of his record and criminal dealings, shielded him from the investigation process of normal hiring procedures.

During his time with the Crestview department, Floyd and several other officers that joined him, would go on a literal crime spree until 2012, when he would be investigated by a grand jury for such offenses as altering testimonies, forging incident reports, soliciting sex from residents, beating handcuffed suspects, intimidating and threatening members of the community, sexually assaulting a fellow female officer, and causing a pregnant woman to miscarriage after ramming her vehicle with his car.

In many ways, Mitchell was just as, if not more responsible for the scandals that rocked his police department. He was their commander, was well aware of what was occurring, but never once made an attempt to stop officers under his personal command from repeatedly breaking the law. Investigation would also be conducted on Mitchell but no criminal charges leveled against him. Instead a report about the chief said, “His failure to redress Maj. Floyd's offensive and humiliating conduct toward women and co-workers was indefensible”. He was quickly fired. Despite losing his job in disgrace, in many ways he got off easy.

Much like Crestview, or Rampart Gang Unit, it often seems like the individuals involved in trying to hide these scandals, are unable to see, or simply refuse to understand, protecting questionable tactics and rogue elements will ultimately cause a great deal more damage than initially exposing those perpetrators responsible.

What is it about ‘power’ that seems to so easily extract the worst of flaws and traits from within many individuals? Is it because men and women tend to lose themselves as their sphere of authority expands further? Or does a badge, crown, or office that affords them influence, with less societal constraints, simply brings their true nature to the surface?

Sometimes corruption of duty is not as simple as a criminal being hired and given a badge, or a compromise of morals based solely on possible greed. Like with many instance concerning humanity throughout the ages, sometimes people attempt to do the right thing but begin going astray at some point. The so-called, Oakland Riders are an example of both harmatia and hubris.

A group composed of four veteran officers; Clarence “Chuck” Manbanag, Jude Siapno, Matthew Hornung, and Frank Vazquez, these officers were routinely praised by their superiors, for bringing in record numbers of reputed drug dealers and gang members from the streets. These men seemingly possessed an iron-clad dedication to the law, and their drive to ‘clean-up’ West Oakland for decent people. However, as frequently is the case, appearances can be deceiving.

To accomplish their goals these police officers repeatedly, and flagrantly broke the law on countless occasions with such tactics ranging from intimidation through violence, coercion, falsified reports, false arrests, planting evidence, excessive force, and even abductions. This cavalier attitude, and callous disregard was fueled by the belief that their suspects were less deserving or rights than others due to their reputations or past crimes.

The Riders allegedly brutalized a number of suspects in their quests to either obtain information, get them to inform on others, or just to teach individuals a lesson when there was not enough evidence to formally charge them. Eventually their shameful deeds came to light, and in 2000, the four were formally brought up on charges.

The hubris of these officers, despite having should have known better, lead them to believe they were exempt from the laws they were enforcing, and that their subculture as “the Riders” somehow made them elite even among their colleagues. The harmatia is that the goal was to “clean up” downtown Oakland and make it a safer place, but their actions as rogues led to a great number of cases being overturned, and cost Oakland a combined 10 million in damages.

James Baldwin once wrote; “No one is more dangerous than he who imagines himself pure in heart: for his purity, by definition, is unassailable.” I would argue that it is a potentially dangerous line of thinking, and attitude for members of law enforcement to readily believe they are automatically superior to the criminals they apprehend. I do not state such as a snide attempt to degrade or belittle the law enforcement community.

Then is it hopeless? Is there no way to stop the growing divide between law enforcement and the communities they are suppose to serve? No way to repair the extensive damage to the public's trust?

In Rich Martin's essay, Police Corruption: An Analytical Look into Police Ethics, he explains preventing corruption in any agency or department; never hire unethical individuals. Any and all agencies must screen and scrutinize their candidates with stringent care. Ethics training and courses must be a strict part of all courses for recruits. Then once these new officers or agents are on the job their supervisors must remain vigilant, actively reviewing their choices, decisions and integrity for extended periods of time.

Some would argue that the field of law enforcement is difficult. That unless you have experienced it than you have no understanding of the culture or incredible stress these men and women are under. And to which I would respond; they are absolutely correct. However, it is a duty they accepted, and it must be upheld to the strictest standards of integrity or simply not at all. 


 
Bibliography


Martin, R. (2011, May 12). Police Corruption: An Analytical Look into Police Ethics . FBI.ORG. Retrieved April 20, 2014, from http://www.fbi.gov/stats-services/publications/law-enforcement bulletin/may_2011/law_enforcement_professionalism

Riggio, R. (2008, June 7). How Power Corrupts Leaders. Psychology Today: Health, Help, Happiness + Find a Therapist. Retrieved April 21, 2014, from http://www.psychologytoday.com/blog/cutting-edge-leadership/200908/how-power-corrupts-leaders

Garone, L. (2003, January 26). Oakland's Police 'Riders' on Trial (washingtonpost.com). Oakland's Police 'Riders' on Trial (washingtonpost.com). Retrieved April 20, 2014, from http://www.garone.com/writing/riders.html

Shea, C. (2012, October 2). Why Power Corrupts | Smithsonian. History, Travel, Arts, Science, People, Places | Smithsonian. Retrieved April 24, 2014, from http://www.smithsonianmag.com/science-nature/Why-Power-Corrupts-169804606.html

McLAUGHLIN, T. (2012, March 16). Crestview chief: Police Department remains divided. - Local. Retrieved April 19, 2014, from http://www.nwfdailynews.com/local/crestview-chief-police-department-remains-divided-1.105999

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