Essay on Misuse of Police Powers

"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)

Discretion, uncertainly, and inefficiently are rampant and essential in criminal justice. Nobody expects perfection. That would neither be good nor fair. Justice is a sporting event in which playing fair is more important than winning. Law enactment, enforcement, and administration all involve trading off the possibility of perfect outcomes for security against the worst outcomes. Policing is the most visible part of this: employees on the bottom have more discretion than employees on the top.

Many officers use alcohol and drugs while on duty. Although this commonly occurs in undercover agents, it can happen with even your regular patrol officers. This type of misconduct occurs because there is typically a lack of supervision, a massive availability of contraband, and an exposure to the criminal element. Graft on the other hand, is when the officer exploits their role by accepting bribes or money protection (Pollock, 2012). Such conduct occurs when officers use their uniformed authority to create a personal supply of money (Lyman 2005). Sexual misconduct occurs when officers use their authority as a way to receive sexual acts from citizens of society. This happens mainly with male officers towards female citizens. This type of misconduct also occurs within the department, mainly through sexual harassment of female officers. The final component of corruption and misconduct is that of criminal cops. These officers have basically switched to criminal activity in their day to day tasks (Pollock, 2012).

Police officers are given a lot of power because it is needed to help protect citizens and the community. However, police often abuse their power by the over use of force, corruption, sexual misconduct, bias based policing, and failure to maintain police ethics. (Peak, 2011)

In order for a Police agency to prevent and deter Police misconduct, there must be a definition to what actions and behaviors that the term will encompass. The term ‘police corruption’ has been used to describe many activities: bribery; violence and brutality; fabrication and destruction of evidence; racism; favoritism or nepotism. Many different scholars differ in their own examples of the definition. Before attempting to the question of whether a precise definition is possible, it is worth examining the range of activities that might be included within a broad discussion of corruption. In (Bayley and Perito, 2011), it is defined as police corruption is a contested phrase with narrow and broad meanings. Narrowly

Police legitimacy is composed of two elements: trust and acceptance of authority. The public needs to know they can trust the police officers. We have to know if they are honest and are really concerned with our well-being, which would lead to respect and accepting their directives knowing it is for our own well-being or the neighborhood’s. I personally experience both sides of this concept, due to my residential situation, as I live both in El Paso and Juarez. In El Paso I truly trust the police officers that I have encountered, but I cannot say the same about the Juarez police officers. In Juarez many police officers are corrupt and do not care about our well-being. I’m not saying that in El Paso they all do, but their authority is more accepted by its community.

Police officers are generally well-respected in American society. They should be, since officers protect the public from drunk drivers, gunmen and other threats to the commonwealth. However, in light of uncovered events involving the misconduct of police officers, these events call into question the ability of police officers to successfully protect and serve the American people. However, in 2010, 6,613 law enforcement officers were reported for involvement in misconduct which varied from excessive force, sexual misconduct et cetera (Packman). Having 6,613 reported cases of police misconduct in America is ridiculous, especially since it is hard validating the claims against officers and it is difficult to punish officers because of this lack of evidence. While the purpose of police officers in society is to protect the commonwealth of the people, the amount of police misconduct in the United States of America involving excessive force and sexual misconduct is detrimental to the credibility of all police officers. This in turn causes rifts and distrust among the American people concerning officers. Police misconduct can be reduced in American society by requiring police officers to wear cameras while on duty, having a clear definition on what excessive force is and defining how much force is legal for an officer to utilize, and better training geared to improve overall conduct with citizens, especially mentally ill citizens.

In a survey 52% of police officers said it is common for law enforcement officials to disregard the inappropriate conduct of other officers. While 61% of officers claimed they usually do not report serious abuse that they have directly witnessed by colleagues. Yes, we all know that there are always going to be a few corrupt and unethical people within every profession, but these statistics show that within the police officer profession there are far more than a few corrupt and unethical

Since a very young age we have been taught to put our trust into police officers. If we are in distress, they are always there to help since it is their job to protect and serve the common citizen. So what happens when the individuals we are supposed to trust to bring justice are the ones causing the injustice we see in the news? Recently, several police officers have been under fire for their excessive use of force. The number of casualties caused by police officers in the recent years have citizens demanding a reform in the system that officers work under.

Police corruption is one of the ethical issues affecting law enforcement officers. Corruption is defined as “impairment of integrity, virtue or moral principle; inducement to do wrong by improper or unlawful means” (Merriam Webster Online, 2009). While the most recognizable form of corruption involves officers taking money for favors (bribery), the actions that are considered corruption include filing false police reports, harassment of any person due to sex, race, creed, religion, national origin or sexual orientation, and failure to protect the rights of citizens. Corruption exists in all levels of law enforcement.

As with all professions that have employees there must be at some point within the criminal justice organization a determining hierarchy that not only deals with the more mundane tasks such as payroll, and sick leave, but must administer and at times enforce rules and policies. This is even more scrutinized by the public with regards of rules and their enforcement particularly in light of events of the past few years with allegations of the police use of excessive force to the question of privacy violation concerns by the federal intelligence community. To this end the examination of not only police/ law enforcement structures are brought into question but the very behaviors that are the central part of whether or not some type of oversight

Many details have been examined in this paper that is extremely concerning to society. The corruptions that exist within the police departments are harming to the communities they lack to serve. There are numerous reasons why police reform is needed across all departments of the United States. The system we currently have in place has fallen so deep that respect the public one had for police has vanished. The information gathered concludes there is a lot of corruption that has gone unresolved. This corruption has come to light due to current technology making it easier to record in the moment. Corruption that has been accepted by authoritative organizations and has made this behavior seem norm within the code of silence.

The police play a vital role in today’s justice system; they are the heroes that catch armed banked robbers, stop kidnappings, and catch murderers that terrorize communities: or at least that is how they are portrayed. While police activities are much more mundane than the public may think, police are given total authority over the public to keep the streets safe. In Steven Lukes’ article, power, he gives a general definition of power as “the capacity to bring about outcomes” (Lukes 59), but that in actuality, a single definition for “power” is very controversial. Lukes gives synonyms such as “authority, influence, coercion, force, violence, manipulation, and strength” (Lukes 59), but chooses his words carefully to reveal the many

Some argue that corrupt police officers are simply the product of a corrupt culture of the agency they work for. These officers are socially introduced to a number of informal rules when they begin employment. This process and these rules serve two main purposes. First, this process is designed to minimize the chances of external or internal controls being mobilized to address the behaviors and, secondly, to keep corrupt activities at a level that is acceptable and likely undetectable. The rule most often referred to in this connection, is the “Code of Silence.” Officers are socialized into not cooperating with investigations regarding fellow officers. Whether or not the officer participates in corrupt activities for financial gain, an officer’s adherence to the “Code of Silence” places them squarely amongst the corrupt of the profession (Price, 1972).

This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers.