NCJ Number
54496
Date Published
1979
Length
13 pages
Annotation
AN OVERVIEW OF POLICE MISCONDUCT AND APPROACHES TO POLICE DISCIPLINE IS PRESENTED.
Abstract
THE VERY NATURE OF THE POLICE OFFICER'S JOB CREATES DISCIPLINARY PROBLEMS UNLIKELY TO DEVELOP IN MOST OTHER OCCUPATIONS. THERE ARE TWO GENERAL PERSPECTIVES REGARDING THE SOURCE OF THESE PROBLEMS: THE 'ROGUE COP' AS THE ATYPICAL EXCEPTION TO BE IDENTIFIED AND ELIMINATED; AND THE EFFECTS OF INGROUP SOCIALIZATION. APPROACHES TO DEALING WITH POLICE WRONGDOING MAY BE PREVENTIVE, POSITIVE, OR PUNITIVE. PUNITIVE DISCIPLINE IS BY FAR THE MOST COMMON APPROACH. THE PROBLEMS WITH WHICH POLICE DISCIPLINARY PROCEDURES MUST DEAL GENERALLY ARE OF FOUR TYPES: OFF-DUTY, NONJOB-RELATED OFFENSES; ADMINISTRATIVE OFFENSES; EXCESSIVE ZEAL (E.G., WARRANTLESS SEARCHES OR OTHER EXCESSES INVOLVING NO MALICE OR PERSONAL PROFIT); AND ABUSE OF POLICE STATUS (E.G., EXTORTION OR DELIBERATE FALSE ARREST). THE MOST SERIOUS CHARGES LEVELED AGAINST POLICE OFFICERS AND/OR AGENCIES HAVE BEEN THOSE INVOLVING BRUTALITY, CORRUPTION, AND DISCRIMINATION. MANY OF THESE CHARGES HAVE BEEN UNFOUNDED, BUT MANY ALSO HAVE BEEN DOCUMENTED IN OFFICIAL INVESTIGATIONS RESULTING IN CRIMINAL SANCTIONS AND/OR CIVIL DAMAGES. POLICE COMPLAINTS CAN COME FROM WITHIN THE DEPARTMENT OR FROM EXTERNAL SOURCES. BY FAR THE GREATEST NUMBER OF DISCIPLINARY ACTIONS ARE INITIATED BY POLICE SUPERIOR OFFICERS. THE DEPARTMENT CHAIN OF COMMAND GENERALLY IS ADEQUATE AND EFFICIENT IN INVESTIGATING AND PROCESSING INTERNAL COMPLAINTS OF MINOR MISCONDUCT, BUT MORE SOPHISTICATED MECHANISMS HAVE PROVED NECESSARY FOR FERRETING OUT CORRUPTION AND HANDLING COMPLAINTS OF SERIOUS MISCONDUCT. PROBLEMS RELATED TO THE RIGHTS OF POLICE OFFICER DEFENDANTS IN DISCIPLINARY CASES HAVE TO DO WITH THE SUSPENSION OF SUCH OFFICERS, DOUBLE JEOPARDY, THE IMPACT OF ADMINISTRATIVE PROCEEDINGS ON POSSIBLE CIVIL ACTIONS AGAINST THE AGENCY OR OFFICER, WAIVER OF IMMUNITY, AND USE OF LIE DETECTION DEVICES. BY AND LARGE, PENALTIES IN POLICE DISCIPLINARY PROCEDURES HAVE BEEN RELATIVELY LENIENT. NO APPROACH TO POLICE DISCIPLINE AND TO THE ELIMINATION OF ABUSES OF POLICE AUTHORITY WILL SUCCEED BY CONCENTRATING ON SPORADIC INVESTIGATIONS, CHANGES IN ORGANIZATIONAL PATTERNS AND PERSONNEL ASSIGNMENTS, AND SEARCHES FOR LOW-RANKING SCAPEGOATS. THE POLICE AGENCY IS A REFLECTION OF SOCIETY AND IS UNLIKELY EVER TO EXHIBIT A HIGHER STANDARD OF DEDICATION, ETHICS, MORALS, AND PROFESSIONALISM THAN IS THE MODE FOR THE GENERAL POPULATION. (LKM)