Particularly with #3.
Thomas J. Martinelli, a professor with Wayne State, wrote a series of articles on unconstitutional policing -- "noble cause corruption" which police brutality or more is a symptom of the same sickness -- getting away with breaking the law. He explains the problem well and how it develops & what he recommends
The policing profession attracts, among others, a certain type of individual: authoritative and responsible, one with leadership skills, who acts on behalf of others, with a high disregard for his or her own well being. Some academics suggest police applicants have a preconception of the profession-the noble cause-that makes them stand out as promising prospects. This preconceived notion is a profound moral commitment to make the world safer.3
Police corruption, traditionally, has been defined as the following:
"a misuse of authority by a police officer for personal gain,"4
"accepting money or money's worth to provide a service they are duty bound to provide,"5 or
"physical, psychological or legal abuse used by police."6
A recent survey demonstrated that officers felt corruption for personal gain was a much more serious charge than engaging in corrupt behavior that appears "to benefit society at large."7 This sub cultural value system rationalizes constitutional rights violations.
Officers do not normally define "a bending of the rules for a greater good" as misconduct or as corruption; rather, they rationalize that such behavior is part of the job description, in a utilitarian sense, to get the criminals off the streets, regardless of the means.8
When this passion for a safer society goes unchecked, it often leads to police crime and civil rights violation. This passion-laudable in itself-can cause good officers to overzealously execute their duties, ignore the basic constitutional guidelines their profession legally demands, and expose their agency to legal liability.
Officers rationalize this misconduct because cynicism has built up, the department lacks morale and leadership, and the individual lacks faith in the criminal justice system. In their attempts to make charges stick, officers may resort to "massaging" facts in order to get a felony warrant. For example, a department's sub cultural values may dictate always arresting "the driver" in a possession of stolen motor vehicle case, with anything less considered poor police work.
This example shows how overzealous officers rationalize: Several teens are driving around in a stolen motor vehicle, and the officers stop them. The young men jump out and run away, the officers chase them, and arrest only two passengers. Unfortunately, for the officers, neither of them was driving the vehicle. The officers file a report identifying one of the teens as driving and the other as possessing contraband found on the floorboard. The officers chalk up felony arrests and call it a productive night.
As written, supervisors would have no reason to question the officers' veracity and, indeed, would applaud the arrests. Ostensibly, this appears to be good police work: a recovered stolen auto, drug dealers or users off the street, and society better off for it. However, the lies in the police report, and subsequent perjured testimony in court, are both felonies and, as such, are crimes unique to the police. When uncovered, these lies will taint previous-and valid-legal arrests made by the same officers or any assisting officers involved in the foot chase and apprehension.
The Rationalization Defense
Shortcuts taken in police procedures and investigations in everyday misdemeanor arrests are a large part of noble cause corruption. Rationalizations, such as the "citizen is so drunk he won't remember what happened," may lead to officers' skipping the field sobriety tests or the breath tests, while reporting that they were performed. Before performing a breath alcohol test, officers must read specific constitutional rights to the citizen informing him or her of his or her right to refuse the test and informing the citizen that this refusal, alone, may result in a suspended driver's license. Testimony affirming that specific police procedures were followed, when they were not, is a police crime, especially when confronted with probable cause issues in pretrial motions.
Additionally, the "contempt of cop" or "it's my word against his" attitude opens the door for further shortcuts and constitutional violations. An officer may perform a valid traffic stop, but if the citizen is belligerent or disrespectful, chances are that person is going to jail. In this same vein, officers may issue "sewer tickets"-that is, write a ticket but instead of giving it to the citizen throw it in the sewer-causing a failure to appear in court, a warrant to be issued, and several future problems for the citizen.
Intentionally tainting a police photograph array for identification is another form of noble cause corruption. For example, when a community suffers a rash of armed robberies, detectives often have an idea who might be the perpetrator. Detectives provide a recent booking photograph of this person for patrol officers to carry as they attempt to locate the suspect. When the next robbery occurs, the patrol officer shows the single photograph of the suspect to the victims, who state they believe that the photo appears to be the assailant. A warrant is obtained based on this eyewitness identification, and an arrest made.
This could be good police work, except that the identification photograph array was not properly presented. The victim's independent recollection of the assailant's description is forever tainted by the officer's actions. This identification process is never documented in writing. But during the witness's testimony at trial, explaining this process at the scene opens the door for defense attorneys to argue due-process violations and obstruction of justice, and seek dismissal of all charges, and free a dangerous felon. This breach of trust, though meant in good faith to protect society, actually endangers the community and jeopardizes the public's perceptions of its police agency, when all charges are dismissed and the accused then retains legal counsel and sues the agency.
Whatever the officer's motivation to cut corners-whether citizen disrespect for authority, improving arrest numbers, or simple laziness-it is a crime, and, when discovered, it tarnishes the image of the agency and the profession.
<snip>
Systemic Arrogance Contributes to Corruption
Arrogance has no place in policing, and agencies that have a culture of arrogance will only foster allegations of organizational tolerance for noble cause corruption and betrayal of the public service philosophy. When officers and administrators believe that the ends justify their means, such as illegal searches, "articulation" in report writing, illegal arrests and "testilying," they corrupt their own system.9
Noble cause corruption is rooted in this sense of arrogance, in which officers will rationalize constitutional violations for their own perceived greater good: a safer community. Middle managers, then, engage in a supervisory logic of good faith based on the belief that subordinates always tell the truth and follow the law as their training dictates.10
When internal red flags surface-such as multiple citizen complaints for one officer, or subordinates who ask not to have to work with that officer for no specified reason-supervisors must look deeper into the reasons for this sudden turn of events. It may be personal in nature, but it is the duty of the supervisor to make reasonable inquiries into the cause.
Sometimes, supervisors may even refuse to acknowledge subordinate misconduct when reported.11 Frequently, top police administrators become aware of police misconduct only when the media has reported such patterns and practices. The immediate but reactive promise of transparency, training reforms, and internal investigations by this time is too late- the damage has been done, the lawsuits filed, and the agency's image tarnished. Law enforcement executives must establish early warning systems and ensure proper internal accountability measures are in place to avoid developing illegal patterns and practices.
Supervisory Cowardice Contributes to Corruption
<snip>
Favoritism, nepotism, political concerns, or image preservation must not prevent the chief from thoroughly investigating and disciplining officers for policy violations. Impossible conflicts of interest arise in policing every day, and professional police administrators must adhere to a predetermined set of guidelines and decision-making processes to best serve their community and their agencies. Allegations of departmental cover-ups are immediately followed with calls for external investigations, removal of the chief, and massive reform.
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=1025&issue_id=102006
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