Misconduct, Corruption, Abuse of Power:
Part II: What Can the Officer Do?
Author: Edward J. Tully, May 1998
There is little question that recent incidents of law enforcement officer misconduct, corruption, and abuse of power have attracted national attention. Some of the incidents have been egregious, while the balance of the others range from serious violations of law to minor violations of department policy. In any case, the attention given to law enforcement misconduct by either the press or internal affairs division is significant and, oftentimes, seemingly beyond proportion to the violations. The reason for the high degree of interest and concern regarding these matters is simple and should always remain uppermost in a law enforcement officer's mind.
A law enforcement officer occupies a position of utmost public trust. They have given us enormous responsibilities and the power to effectively discharge our responsibilities. Exceeding our authority, abusing our powers, taking personal advantage of our position, or failing to discharge our duties, make the public and politicians nervous. It also makes the serious press nervous and the tabloid media salivate over the prospect of making more money by sensationalizing the story! Finally, the most serious cases of police misconduct can bring great upheaval within the police organization, a loss of morale among the troops, and a significant reduction in the respect the public has for the department. Since we have been given a great deal of trust we must always remember that should this trust be violated, the consequences are severe.
Misconduct, corruption, and abuse of power incidents in law enforcement don't just happen out of the blue! It is fairly rare that one finds a rookie officer involved in a serious problem of misconduct. Usually it takes a number of years for a small number of law enforcement officers to develop the bad habits that lead to the poor judgment--which is what underlies almost every case. While there are no national statistics on the individuals involved in these types of offenses, my observations lead me to believe that the average officer facing serious criminal, or internal charges, has at least 5 years on the job and, in many cases, ten to fifteen years of experience.
It goes without saying that the lives of the officers who are found guilty of misconduct, corruption, or abuse of power are completely ruined. Loss of job, career, reputation, friends, and respect are just a few of the minor consequences. Major consequences could entail loss of family or time in jail. Should you ever find yourself in a situation like this you cannot count on your heroic service record, your friends, or the sacrifices you have made to be of much help. Leniency is not a word used when cops, FBI Agents, or state police officers are found guilty of violations of law or of public trust. We all know this in an abstract sense but the reality of a law enforcement officer's life who violates public trust is far worse than we could ever imagine. It will always be this way.
The Problem
The purpose of this article is to suggest ways in which law enforcement officers can protect themselves from becoming victims of misconduct, corruption, and abuse of power allegations. I hope you will not think that I make these suggestions from a "holier than thou" position, as this is not the case. The suggestions come from having observed many good cops over the last thirty-five years, and noticing the character traits they embody which, I thought, insulated them from impropriety.
My advice also comes from a realization and understanding that what may be considered proper behavior by some people these days is really not acceptable. This is because the people who are in charge of virtually every organization in America possess traditional values. The point I am trying to stress is that while we are certainly free to adopt any lifestyle we wish, when it comes to crunch time, the judgment of our actions will be made by people who hold traditional values. Thus, many non conformists usually pay a price for long hair, new ideas and concepts, and living outside the traditional social or organizational rules. This may not be fair, but often it is the consequence of being different. This I know from personal experience.
Second, corruption, misconduct, and abuse of power among law enforcement officers is surprisingly uncommon. While it is true that most major law enforcement agencies have had corruption problems, the percentage of law enforcement officers who are "bad apples" is far less than 1% of the over 600,000 officers in the United States. The fact that an overwhelming majority of officers are honest, trustworthy, and reliable in face of the incredible temptations of the job, says a great deal about the good character and self-discipline of most officers. Still, we are all human and as such we are all susceptible to making errors of judgment both on and off the job. The potential for making poor decisions is something that every officer faces each day on the job. I am sure that none of the great philosophers or saints had to face as many difficult moral decisions as the average police officer does in a month. Still, while all of the above may be true, it is equally true that the corrosive conditions we find on the street and the many temptations found on the job can never be successfully used as a rationalization, or excuse, for our improper behavior. Forgiveness is not a virtue found in great abundance in law enforcement organizations.
Third, the formation of good character is a life-long pursuit. All of us make mistakes, use poor judgment, and do things we wish we had done differently. However, it is the wise man who realizes that mistakes can be a great learning experience. However, this only happens if we understand or admit that we have made a mistake and are willing to make necessary adjustments to our behavior. This is extremely difficult to accomplish.
Good character traits are the result of good habits, not necessarily good intentions--Wishing will not make it so! Habitual behavior, either good or bad, takes time, repetition, and experience to form. For example, a common human problem we all face is whether or not to tell the truth. It really depends on our training when we were kids in either telling the truth or a fib in a given situation. The exact nature of the situation that we face at a particular time usually determines whether we tell the truth or not.
The truth is a problem we face every day, both on the job and at home. A person who has developed a habit of telling the truth at all times has a relatively easy decision--just tell it like it is. Most of us though think about the consequences of our answers before we decide our response. Many times we decide to fudge the truth so as not to overly offend anyone, or to just make it easier to get along with our daily lives. Most of time these untruths are innocuous or, perhaps, could be characterized as just the grease that allows the wheels of our daily lives to spin efficiently. Other times, particularly in the official conduct of our duties, little lies can become the slippery slope on which we make matters more difficult for ourselves than the original problem.
I prefer to let the philosophers and clergy debate the wisdom of "white lies" in our personal lives. However, when it comes to official matters, my experience strongly suggests that the only intelligent strategy you have is to tell the truth and let the chips fall where they may. If you develop a habit of always telling the truth on matters of importance, then this is not a difficult decision to make. It is only when you decide to lie about official matters that the consequences of your actions become far more serious. (In this regard review the elements of Garrity versus New Jersey which, as you will recall, forces you to tell the truth when requested on administrative matters, or be fired.) Our mothers must have had dozens of clichés about honesty. The one that always stuck in my mind is, "Honesty is the best policy!" This was good advice then, and is still the best advice.
Although sometimes difficult in daily practice, having a reputation as an honest man is a worthy pursuit. I don't know anyone who holds a reputation of being honest that does not have pride in this aspect of their personality and consider it to be a precious attribute. We all know a reputation for honesty and truthfulness is not easily acquired. Those who have it should nurture and protect their reputation. So my suggestion for your consideration is to make honesty a habit in your daily life. It is a habit that will pay you great dividends in both the short and long run, particularly in your efforts to resist many of the temptations found on the job. My advice, however, does not extend to your spouse's cooking, the "cute" baby next door, or any reply to the question, "How is it going?
Rules, Regulations, and Policy
Many of the allegations involving officer misconduct can be traced to law enforcement officers who do not know the rules, regulations, and policies of their department. In other cases, officers have been led by their peers to believe that they could ignore the rules or take shortcuts to justify the end result. In either case, the defense of "I didn't know," or "This policy is stupid" is hollow and ineffective. The best way to stay out of trouble in a law enforcement agency is to follow the rules of the organization. To do this you first have to know what the rules are and why they were written. If you make this one of your priorities, you will find that all the rules, regulations, and policies of an organization involving officer conduct are designed primarily to protect the organization! Two of the nasty truths about organizations are that they don't like to be embarrassed and they use rules to protect themselves. In the FBI, the word was, "Don't embarrass the Bureau." If you ever did, you would find yourself trying to figure out what to do on weekends in Butte, Montana. Regardless of the cold-blooded nature of organizations, a study of your organization's rules and regulations will most likely show that most of them are a blend of common sense, the law, or the result of past mistakes.
Another problem we all have in understanding some of the seemingly onerous organizational rules is that we cannot see the whole picture. We view these rules from our own perspective rather than including the perspective of the chief, the mayor, or headquarters. This is a common mistake made by many people in all organizations and is the grist for the bitching about the organization that we all love to do over a cup of coffee. But if we waited until we could see the big picture before we started gripping, we wouldn't have half the fun. As long as you keep an open mind and your sense of humor, you will find these conversations to be a great learning tool.
In every law enforcement organization there are a few people who make a career of bending or breaking the rules. A few of these individuals are considered legends by the troops and many of the stories told of them are colorful and compelling. However, for the majority of us, the more prudent course of action is to know, understand, and obey the rules. Also, we should absolutely ignore those who offer advice to the contrary. While my advice might seem a bit wimpish and dull, I would only further advise that there are also quite a few colorful and effective officers who made their reputations by following the rules. In the matter of trying to protect yourself against possible charges of misconduct, I would argue that the decision to follow the rules of the organization is a "no brainer." Any time someone advises you to bend or break the rules your mental alarm bells should ring and you should proceed with utmost caution before making any decision relative to this advice.
Abuse of Power
Police officers have been given great powers by the public in order to properly discharge their responsibilities. This power is made more visible by the uniform, the badge, and the firearm worn by police officers. These powers, like all forms of power, are subject to corruption and abuse particularly by individuals who overestimate the importance of power and underestimate the responsibilities that individuals have who hold power. The most serious mistake made by law enforcement officers who do not understand the limitations of power, is the erroneous assumption that they are doing God's work and, therefore, "The end justifies the means." We have all had that feeling at one time during our careers in dealing with scumbags. Since the consequences of an error of judgment in doing God's work is so great, an officer must be constantly on guard against any actions based on this feeling.
Another common mistake occurs when officers with deficient personalities use their power to supplement their personal inadequacies. In other words, they take advantage of the powers they have to enrich themselves at the expense of others. This type of abuse may take the form of obtaining sex, money, or by demeaning others, physically or psychologically, for their own psychological need or gratification. Misusing power for individual gratification eventually leads to increasing levels of corruption. At some point, this type of individual in law enforcement inevitably steps across the line and the conduct becomes criminal in nature.
The best way to protect yourself from using your police powers improperly is to understand the limitations of police power and refrain from making the assumption that law enforcement officers are either above the law or entitled to special privileges as a result of the job they perform. There are important state and federal laws that define the limits of police powers, and conversely, the rights of individual citizens. It would be prudent to review these statutes. The applicable federal statute is Title 18, Sections 241-242, United States Code, that defines the actions, which under color of law, are a criminal violation of an individual's civil rights. Another federal statute, Title 42, Section 1983, offers civil remedies to individuals whose 1st, 4th, and 5th Amendment rights have been violated by law enforcement organizations. This is the statute under which enormous financial liabilities have been levied against governmental bodies in the recent past. Additionally, many law enforcement agencies have a deadly force policy, and/or a use of force continuum. It is important to study and understand the history each of these statutes or policies as each defines and explains the limitations of your power and explains appropriate conduct in arrest situations.
Lastly, law enforcement officers have to realize that many people admire them because they are police officers and will tend to give them favors as a means to express their admiration. These favors may take the form of free coffee, sex, tickets to the ball game, or a reduced price for a washing machine. These situations come up daily and many times it is very difficult to make a decision as to whether the favor is being given because we wear the badge or because of another personal attribute we may have, such as paying cash. A simple litmus test to follow would be--if you think the consideration you are being given is because of the badge, then reject it. If this is not the case, it may be quite proper to accept the offer. I would leave decisions of this type up to your best judgment. Just be very careful! Should you start accepting small considerations because of your power, you have indeed placed yourself in a very tenuous position.
Sex
I am neither qualified, nor interested, in giving you advice on your sex life. To me, this complex subject has always defied definition, logic, or rational thought. I can only advise that it can be an area of human behavior that can cause an immense amount of trouble for a police officer. Unfortunately, as we all know, sex can be one of the major temptations of a police officer's life. Some of the situations law enforcement officers find themselves in as a result of a misaligned sex drive are adultery, sexual harassment, drug abuse, divorce, spousal abuse, bankruptcy, and homicide. That is one hellava list isn't it?
I will offer one piece of advice for your consideration. The workplace climate in law enforcement has become quite contentious in regard to sexual harassment. Therefore, I would make a rule not to get involved in any relationship--whatsoever--with a member of the opposite sex employed by the same governmental body. Certainly, I would be courteous and mannerly, but businesslike, toward them during the work day. After hours, there would be no contact. Most organizations now have a zero tolerance policy toward any form of sexual harassment in the workplace. I have no problem with this policy--in fact, I think it is long overdue and most appropriate. On the other hand, I really don't want to make myself a target for an allegation of sexual harassment or misconduct. It is definitely a "no-win" situation, and unless you fell off the rhubarb truck last night, you must conclude that sex, sexual innuendo, or any form of harrassment on the job is a game you can't afford to play.
Secondary Employment/Finances
About four out of five law enforcement agencies permit officers to seek outside, part-time employment during which they perform similar duties as they do on the job. There is absolutely nothing wrong, per se, with secondary employment. However, you must be cognizant that a portion of the misconduct and corruption in law enforcement arises from situations which occur in secondary employment. A review of some recent cases strongly indicates that when officers are employed by famous individuals, sports teams, or institutions selling alcohol, it is expected that the officer will use his official status to provide services/protection which are beyond the scope of the officers authority. Should the officer provide these expected services under color of law, or assist people, or give a business a break or bend the law, then the trouble begins. I would suggest the best solution is for the department, and the individual officers, to have a policy on secondary employment that is administrated by the department. I realize this may seem a bit onerous at first, but it does add a layer of protection for the officer and significantly reduces the chance that the officer will be tempted by the employer. Whatever situation you find yourself in, just keep uppermost in your mind the question, "Just why am I being employed by this firm or individual?" If the answer is to provide services/protection which are beyond the scope of the official duties of a police officer, then I would reject the offer! It just isn't worth the risk involved.
It would be nice if law enforcement officers did not need to seek secondary employment, but as we all know, our salaries have not kept up with either inflation or the demanding nature of our work--I doubt they ever will. So, secondary employment is something that many of us have to do to keep our heads above the water and to provide our families with an adequate standard of living. This raises, however, another issue which bears some consideration.
Many of us, particularly the young officers, live well beyond our means and find ourselves deeply in debt. Should this be the case in your situation, I strongly advise you notify an appropriate superior officer and advise them of your financial troubles. I suggest this for a couple reasons. First, the officer may know of either department, or individual, resources that can assist you in getting your financial house in order. Second, you reduce the tension you have regarding the outside debt by sharing your problem. This significantly reduces the possibility that you would be tempted to do something illegal to satisfy your indebtedness. A review of current corruption cases indicates a high percentage of the officers involved were trying to obtain additional money to pay off debt. The bottom line, however--in living beyond our means--rests squarely on the individual's officers shoulder. Simply put, you have to live within your means. Keeping up with the Jones, having to have that bass boat, being a golf nut, or having to have a new truck are things we all have had to prioritize in our lives. Sometimes you just have to do without! It really isn't that hard, particularly if in doing so you reduce a temptation from your life and remove yourself from the necessity of a second job.
Peers
We all know that children are greatly influenced by their peer groups. If you have teenagers who had to have just the right labels, used the funky words that you never knew, or just had to be seen as "cool," then you know firsthand the power and influence that peers have on impressionable teenagers. To a lesser extent, we must all admit we are influenced by our peers as well. One group in law enforcement most susceptible to peer influence are younger police officers who are eager to learn the job and be viewed by others in the department as something more than a rookie. This is quite normal and natural and can often have beneficial results. In a few instances, however, the results can be disastrous. If the young officer is overly influenced by other officers who have developed bad policing habits, dubious personal habits, or someone who does not know what policing is all about, then the potential for mimicking this less than desirable behavior is substantially increased.
My suggestion in regard to peer influence is relatively simple. If your peer group likes to gather after the shift for a few beers to discuss the days events, if they like to recount their exploits on the job or with the ladies, or if the conversation always turns to how stupid the sergeant or the chief is, then find some new friends, because these friends aren't going to do you any good at all. It is critically important to your career to pick one or two role models in the department who exemplify the character traits you want to have when you have their level of experience. These are the people to whom you direct questions, ask for advice, and emulate. I don't mean that having an occasional beer with friends on the job is wrong--it is certainly not! Just try and keep the conversation with these people centered on fishing, hunting, "black holes," and other mysteries of the expanding universe!
Organizations
Law enforcement officers need to belong to several community organizations. I recommend this for two reasons. First, it exposes the officer to average citizens and conversations that have nothing to do with law enforcement. I think this contact is healthy in that the experience has a tendency to remove law enforcement from the center of your lives. It also helps us understand the average person better and in doing so helps moderate the "us versus them" syndrome we all seem to develop. Second, if the organization you are active in is religious, then the concepts of ethics and morality are usually discussed on a regular basis. A understanding of this subject matter is quite helpful in deciding what character traits you want to develop into your personal habits. As you know, none of us were born perfect--we all have character flaws. But, if you take your life seriously, then you realize that the pursuit of good character takes a lifetime. I think membership in the Rotary, Lions Club, Little League, Big Brothers and Sisters, or the wide variety of religious groups helps the average individual considerably in building good character traits. To the extent that active membership in various community groups helps in the development of good character, I would argue the experience is most beneficial as insurance against becoming involved in officer misconduct situations.
Physical Fitness/Defensive Tactics
I have long believed that law enforcement officers who were physically fit and skilled in defensive tactics have a great deal more confidence in themselves. Having ample self-confidence, these officers were less likely to use unauthorized levels of force in arrest situations. Self-confidence, whatever the origin, has always been a characteristic of the great cop. It gives an officer an extra bit of time to make decisions and to utilize more options in defusing hostile situations. In terms of better health, more physical endurance, and more options at your disposal in confrontations applicable to the use of force continuum, it seems sensible to keep yourself in shape and skilled in defensive tactics.
In addition, be aware of the pitfalls of the "adrenaline rush." As you know, the rational thought process is significantly disturbed under the influence of adrenaline and, unless you are aware of this influence and take measures to control the dysfunction, it could become a problem in a tight situation. Controlling your emotions, having more strength, endurance, and skill than your opponent contributes to success in making arrests or defusing a tight situation in most cases.
Corruption
An individual who is corrupt is without integrity. More specifically, these individuals are not honest, have no sense of loyalty except to themselves, and are always seeking to enrich themselves at the expense of others. They take advantage of the trust others place with them to gain something of value. Like all other organizations we have a few of these individuals in law enforcement. In terms of protecting yourself from either being used or influenced by these individuals, I think it is important to understand two points.
First, all of us are corrupt to some extent--it is our nature to be this way. Battling our tendency to think or act corruptly is a lifelong struggle. Second, corruption is evolutionary. In most cases, individuals initiate their own corruption early in life by getting away with something by not following the normal rules. Either undetected, or unpunished, they learn that it is easy to take advantage of others. They develop a contempt for other people and the little rules most of us abide. To them, rules are for suckers. By the time they are old enough to join a law enforcement organization their character, or lack thereof, has been long established. Given more than ample opportunity for self-enrichment, the corrupt individual will become even more corrupt as a police officer. These individuals are easy to spot. They cheat at golf, they cheat on their spouses, and they always look out for themselves first. They have an incredible appetite for self-indulgence, are constantly on the lookout for an angle to give them an edge, and are consumed by greed.
Should you know such a person on the department my advice is to avoid them. Eventually, they will cross the line and be exposed. If you see in yourself similar characteristics developing in your personality, then you have a problem--a serious problem. If you admit to yourself that this is the case then there are really only two choices. The first choice is a difficult one--reform. The second is equally difficult--resign. Most people will not be able to follow either choice. Denial, rationalization, and a continuing belief that everyone else is either dumb, or a sucker, are all excuses we use to convince ourselves to do nothing. Consequently, the evolution of corruption will continue to its inevitable, disastrous conclusion.
Conclusion
None of us are perfect, yet we have a job that demands we set aside, or contain, our imperfections for the good of society. The nature of the law enforcement profession provides more than ample opportunity to test our character. The job provides a forum for a constant, and difficult, struggle between our good and evil nature. If we are successful in constraining our dark side, then the reward is a life filled with the honor and pride of being a good cop, a good parent, and a decent individual. In the final analysis of a life lived you cannot ask for any more, nor should you accept any less.
The National Executive Institute Associates Leadership Bulletin editor is Edward J. Tully. He served with the FBI as a Special Agent from 1962 to 1993. He is presently the Executive Director of the National Executive Institute Associates and the Major City Chiefs. You can reach him via e-mail at tullye@aol.com or by writing to 308 Altoona Drive, Fredericksburg, Virginia 22401