Police corruption and misconduct

1
Police corruption and misconduct

2
A litany of policecorruption and misconduct

• Mid 1990s New Orleans
• Dozens of police officers charged with
  rape,robbery, drug dealing, theft, murder
• NOPD officer committed on-duty armedrobbery of
  Vietnamese restaurant, shot andkilled security
  guard (her partner) and two others
• Late 1980s Los Angeles (more later)
• LASD narcotics squad stole millions of dollars
  from drug dealers
• Money used to buy boats, cars and vacation homes
• Squad supervisor instigated corruption. He later
  testified against his crew.
• Late 1980s - Miami
• Miami drug detectives sold large quantities of
  cocaine they stole duringraids
• Officers spent more time planning robberies than
  fighting crime

3
New York City PD has beenespecially hard hit

• Late 1960s New York City
• NYPD drug detectives routinely robbed
  andextorted narcotics dealers.
• 1972 Knapp Commission hearings -- Frank Serpico
• Mid 1980s New York City (more later)
• Thirteen officers of NYPDs 77th. precinct
  (Buddy Boys) arrested for robbing dealers and
  selling confiscated drugs. Led to 1994 Mollen
  Commission hearings.
• Mid 1990s New York City
• More than two dozen officers from the 30th.
  Precinct (The Dirty Thirty) Arrested for
  robbing drug dealers and selling drugs
• One cop pocketed 100,000 in cash that he found
  in a home
• Another auctioned off a kilo of stolen cocaine
  from his patrol car

4
Knapp Commission 1972New York City

• Large scale corruption infected NYPD at all
  levels ofthe department, including patrol
• Patrol did not make as much dirty money
  asdetectives, but cumulatively had a large
  impact
• Corruption required support systems at every
  level of the department
• Officer stubbornness, hostility and pride let
  corruption spread
• Grass-eaters passively accepted bribes and
  gratuities
• They were the heart of the problem because their
  large numbers made corruption respectable
• Meat-eaters were far more aggressive
• They sought payoffs and took property at crime
  scenes
• Atmosphere of deviance made it easy for
  justifications to slip in and neutralize
  officers conscience

5
Corruption isnt just a problemin the Big
Apple...

• In September 1999 LAPD officer Rafael Perezwas
  charged with stealing three kilograms ofcocaine
  from an evidence locker. In a plea dealhe
  accused fellow officers of Rampart CRASH
  (anti-gang unit) of framing and beating suspects,
  planting evidence and covering up brutality,
  including unnecessary shootings.
• Investigation led to the dismissal of more than
  150 felony convictions. 70 million was paid to
  persons, mostly gang members, who were unjustly
  arrested, beaten or shot. Nine officers were
  convicted of crimes and 23 were fired or
  suspended.
• Five officers had their convictions overturned
  because of concerns about witness credibility and
  prosecutorial misconduct. Three LAPD officers
  whom Perez allegedly falsely accused won large
  awards in lawsuits against the City.
• Blog post You Cant Manage Your Way out of
  Rampart

6
LAPD Board of Inquiry Report,March 1, 2000, pp.
9 14

• Addresses, in part, the process that led to
  hiring officers whowere implicated in corruption
  and misconduct
• While it is impossible to substantiate
  completely, it appearsthat the application of
  our hiring standards was compromisedwhen these
  officers were hired during periods of
  acceleratedhiring in the late 1980s and early
  1990s.
• one need only look at the pre-employment
  histories of these fourpeople to see that
  something was seriously wrong when they were
  approved for hire.
• Clearly, there has been erosion, the blame for
  which cannot be placed on one individual or
  group, but rather on a multifaceted system with
  competing interests. We must recognize that it
  has occurred and commit ourselves to never
  sacrificing quality for the expediency of
  numbers.
• four of the officers had questionable issues
  in their pre-employment background which strongly
  indicate they never should have been hired as Los
  Angeles Police Officers. Those four officers were
  hired in 1988, 1989, 1990, and 1994, and three of
  them have since been fired for felonious conduct.

7

• The officer hired in 1988 had been arrested as
  an adult for grand theft. The incident occurred
  when he struck a public bus driver during a
  dispute over a transfer. When the driver's watch
  fell to the ground, the officer picked it up and
  began walking away, which resulted in his arrest.
  The Department did not recommended his
  disqualification or deselect him under three
  whole scores.
• The officer hired in 1989 admitted losing his
  temper during arguments with his wife and pushing
  her on six different occasions. He was
  psychologically eliminated due to
  temperament/impulse control. However, he was
  eventually cleared for hiring by the Personnel
  Department psychologist.
• The officer hired in 1990 had been arrested
  three times before he became an officer at the
  age of 24. As a juvenile, he was arrested for
  stealing hubcaps. As an adult, he was arrested
  and convicted of driving under the influence
  (DUI). One year before his hire, he was cited for
  having an open container of an alcoholic beverage
  in his car and was arrested for driving on a
  suspended license (suspended from the earlier
  DUI) for which he was sentenced to ten days in
  jail. In the military, he was disciplined for
  disobeying a lawful order. His background
  investigation disclosed that he "loses his cool
  very easily over minor incidents, and acted like
  a big macho man. The psychological examiner
  advised the Personnel Department that there was
  not enough negative information to warrant his
  disqualification.

8

• The officer hired in 1994 sold marijuana to two
  other students on one occasion while he was in
  high school. At age 15, the police detained him
  for investigation of tampering with vehicles on a
  car sales lot. He was taken to the station and
  released to his parents. Those law enforcement
  contacts were self-admitted and nothing on his
  criminal history printout indicates that he was
  ever formally arrested. However, there is a
  notation in the package that All records have
  been sealed indicating that he may have had a
  juvenile record that could not be accessed for
  the background investigation. In any event, the
  Police Department recommended his
  disqualification, but it was overturned by the
  Personnel Department.
• It is important to note that the July 9, 1991,
  Report of the Independent (Christopher)
  Commission...all but predicted that a weak
  application of hiring standards was allowing
  risky candidates to become Los Angeles Police
  Officers.

9
Jury awards 6.5 million to victimof Rampart
frame-up

• Rafael Ovando, the man on whom LAPD officers
  Rafael Perezand Nino Durden planted an assault
  rifle after mistakenlyshooting him, won his
  legal malpractice lawsuit against thePublic
  Defenders office. Jurors agreed that Ovandos
  defenseattorney failed to properly investigate
  her clients claim ofinnocence, leading to his
  conviction for assaulting the officersand a 2½
  year period if imprisonment. Ovando and a score
  ofother convicted gang members were released
  after Perezadmitted that he and other Rampart
  officers beat and shotsuspects, lied on police
  reports and planted evidence.
• Aside from dropping over 100 criminal cases, the
  City paid outmore than 70 million. A dozen
  officers left the department. Perez served
  Federal time for violating Ovandos civil rights
  and State time for stealing cocaine. He was
  released in 2001. Durden, who pled guilty in
  2002, was released in April 2005.

From the Los Angeles Times, 5/26/05
10
Outcomes for arrested officers

• Rafael Perez Pled guilty to State drug charges
  for cocaine theft and to Federal civil rights
  violations for covering up a shooting. Served
  five years.
• Nino Durden Same as Perez
• Edward Ortiz Convicted of obstructing justice
  (overturned). Sued for malicious prosecution,
  shared a 15-million jury award.
• Brian Liddy Convicted of obstructing justice
  (overturned.) Shared in 15-million award.
  Later fired for misconduct related to a narcotics
  arrest.
• Paul Harper Acquitted of obstructing justice,
  shared the 15-million award.
• Michael Buchanan Convicted of obstructing
  justice (overturned).
• Manuel Chavez Pled no contest to assault under
  color of authority for the 1996 beating of a gang
  member. Sentenced to 60-days in jail and three
  years probation.
• Shawn Gomez Pled no contest to filing a false
  report in the 1996 beating of a gang member.
  Sentenced to three years probation and 400 hours
  of community service.
• Ethan Cohan Pled guilty to obstructing justice
  and filing a false report in the 1996 beating of
  gang member. Sentenced to one year in jail.

11
More troubles in SoCals lawenforcement ranks

• On February 28, 2005 19 persons, includingfive
  former cops, were charged withcommitting twenty
  robberies during 1999-2001.
• Led by LAPD officer Ruben Palomares, theywore
  LAPD uniforms used LAPD cars to stage phony
  raids, stealing drugs, guns and money from drug
  dealers and others.
• Those charged include former LAPD officers
  William Ferguson and Jesse Moya, former LBPD
  officer Joseph Ferguson, and former LASD deputy
  Rodrigo Duran.
• William Ferguson was appointed an LAPD officer
  even though his background check turned up five
  prior arrests for theft and burglary.
• Many of those charged pled guilty. Palomares,
  serving 15 years for trying to buy ten kilos of
  cocaine from DEA agents in 2001, cooperated. He
  was originally fingered as corrupt by Rampart
  figure Rafael Perez, who encouraged investigators
  to check out all of Palomares arrests.

12
Applicant screening

• Applicant characteristics
• Working class and lower-middle class
• Conservative political views
• Looking for steady work with good benefits
• Idealistic, want to help others
• Prefer outside work not be cooped up
• Taste for risk and excitement
• Lifetime interest (friends and relatives in law
  enforcement)
• Assertiveness and physicality
• Big Five personality characteristics related to
  policing
• Extroversion
• Neuroticism
• Agreeableness
• Conscientiousness
• Openness

13
Typologies of policemisconduct

• Barker and Carter
• Physical abuse
• Excessive force, physicalharrassment
• Psychological abuse
• Pretextual stops, intimidation, harassment,
  ridicule, disrespect
• Legal abuse
• Unlawful search seizure, manufacture evidence
• Fyfe and Kane
• Police crime
• Officers violate criminal law (commit burglaries,
  steal drugs and money, etc.)
• Police corruption
• Using ones position for profit (bribes and
  gratuities)
• Abuse of power
• Excessive force, lying in court or in reports,
  etc.

14
Gifts and gratuities

• Gifts Items of value received because of
  onespersonal relationship to the giver, with no
  stringsattached
• Gratuities Items of value received because of
  onesrole or position
• Implicit expectation of reciprocity
• Some officers and scholars argue that small
  freebies(e.g., a free cup of coffee) fosters
  relationships with the public and creates bonds
  of social reciprocity
• Major arguments against gratuities include
• Slippery slope - can lead to more serious
  deviance
• Unjust enrichment - the only legitimate
  remuneration is a paycheck
• Other concerns
• Givers might expect preferential treatment
• Receivers might find it awkward to take
  enforcement action against givers
• Creates a public perception that police are
  corrupt

15
Slipping on the slope NYPDsBuddy Boys of the
77th. Pct.

• Impoverished high-crime drug sales area
• Officer misconduct
• Illegal drugs and alcohol abuse
• New officers tested to see if they measured
  up
• Tough on crime - extralegal means to punish
  offenders
• Falsification of arrest reports, perjury
• Burning money - psychological abuse of suspects
• Traditional corruption payoffs, thefts of
  evidence, robberies of drug dealers, resale of
  drugs, housebreaks disguised as searches
• Dumping ground for problem officers
• Grass eating to meat eating
• Began with burning and flushing confiscated dope
• Progressed to selling dope to other dealers

16
Slipping on the slopeLASD narcotics majors

• During the late 1980s members of an eliteLos
  Angeles County Sheriffs narcotics squadstole
  millions of dollars from drug dealers andused
  the money to buy boats, cars and vacation homes.
• Rumors of their new-found wealth found their way
  back to agency executives, who enlisted the help
  of the FBI.
• In due course, an elaborate undercover sting
  caught the officers stealing cash from what they
  thought was a drug dealers hotel room.
• In 1992 testimony by the squads supervisor, Sgt.
  Robert Sobel, who instigated the corruption, led
  to the conviction of his entire crew. He said
  that the squad stole 60 million in 1988 and 1989
  alone.
• The corruption reportedly began with deputies
  using money found during search warrants to buy
  investigative equipment and meals.

17
Explanations for misconductIndividual level

• Individual personality characteristics
• Rotten apples self-select into policing
• Environment of policing
• Chronic exposure to the unpleasant aspects of
  human nature
• Badge gun ? compliance anyone can be
  dangerous justice not always possible
• Reality clashes with altruistic, helping
  orientation
• Police subculture
• Recruits learn caution stories of officers hurt
  and killed
• Cynicism, solidarity, code of silence, never
  back down
• Shortcuts to decision-making profiling,
  symbolic assailants

18
Explanations for misconductOrganizational

• Agency and organizational factors
• Hiring practices, resources, management styles
• Poor oversight and supervision
• Bureaucratic barriers, evaluation practices,
  pressures to produce
• Continuum of compromise (Gilmartin and Harris)
• Organizations fail to train officers to
  understand and respond to ethical dilemmas
• Officers see themselves as victims - no one cares
  about their safety
• Cops develop distance from citizens and their own
  agency
• Alienated officers are more susceptible to
  corruption
• Corruption continuum (Trautman)
• Administrative indifference to integrity
• No ethics training
• Poor selection practices
• Internal politics determine advancement
• Ignoring ethical problems and engaging in
  cover-ups
• Hypocrisy
• Fear-dominated culture survival of the fittest
  (or least ethical)

19
Explanations for misconductPolitics and the
system

• Sociopolitical variables
• Community characteristics and preferences
• Preferences and priorities of city leaders
• Ferguson, Missouri
• On March 4, 2015 the Justice Department
  announcedit would not charge former Ferguson,
  Mo. officerDarren Wilson with civil rights
  violations. Report
• However, a separate report accused Ferguson
  policeof a pattern and practice of
  discriminating against blacks.
• Police engaged in abusive ticketing and
  arrests,targeting blacks with traffic
  violations, crimes and code violations, often
  made-up, not for public safety but to generate
  revenue for the cash-strapped city.
• Officers were under pressure to make quotas and
  faced discipline if they failed.
• Tickets written against whites were frequently
  dismissed.
• Police and city employees exchanged e-mails that
  disparaged blacks.

20
here are some numbers

• Using police and code enforcement officers
  togenerate revenue on the backs of poor and
  workingclass persons is a widespread practice.
  NY Times
• In 2010 Californias Attorney General accused the
  L.A.-area working-class communities of Maywood
  and Bell of targeting blacks and Hispanics with
  traffic citations and code violations to keep the
  cities afloat. Click here and here for more.
• Ferguson, Missouri has 21,000 residents and a
  budget of about 13 million
• In fiscal year 2013 Fergusons municipal courts
  collected more than 2.5 million in traffic and
  other fines, about 20 of the citys budget
  (click here)
• Los Angeles has 3.8 million residents and a
  budget of about 3.5 billion (click here)
• This fiscal year it projects collecting about
  165 million in parking fines and about 7
  million in traffic fines (click here). Thats
  about five percent of the city budget.
• Its largest source of income is licenses,
  permits, fees and fines (not including traffic),
  about 830 million, 24 of the citys budget.
  Library fees and fines total 2.8 million.
• Its budgetary shortfall in the 2013-2014 fiscal
  year was 216 million (click here). The new
  mayor, Eric Garcetti, proposed hiring 50
  part-time traffic officers, in part to bring in
  more money (click here).

21
Practical exercise
22
Class exercise

• Identify the personal characteristics that are
  desirable for police applicants.
• List them in order of importance
• Justify your responses with reference to
• The environment of policing. What do cops
  routinely face on the street? In the station?
• Societys expectations. How would we prefer that
  cops behave?