CHAPTER 6: Discretion and Dilemmas Lecture Slides prepared by Cheryn Rowell * Frequent and unavoidableNot academicAlways unpopular with some groupsUsually resolved quicklyDealt with aloneInvolves complex criteria Moral Dilemmas of Law Enforcement Officers Klockars’ Types of ControlAuthority and power-police officers generally tells us what to do and we respond. Persuasion-authority that officers use in order to coerce in a nonphysical manner. Physical force-officers use whatever physical methods to control the situation. Discrimination Occurs when a discretionary decision-maker treats a group or individual differently from others for no justifiable reason. Sexual orientationRaceNational originOther? * Forms of Discrimination Enforcing the law differentially Withholding the protection of the law Greater disrespect Greater use of force Racial profiling Greater use of pretext stops * Racial Profiling Occurs when an officer uses a “profile” to stop a driver usually to obtain a consent to search for a vehicle. Minorities are highly targeted based on the assumption that they are more likely to commit criminal acts. * Complete fragments, flesh out points Law and Racial Profiling US v. Martinez-Fuerte, 425 U.S. 931 (1976) Legitimized the use of race as a criterion in profiles. Wren v. US 517 U.S. 806 (1996) Pretext stops upheld. The law allows race to be considered as only one element in deciding to stop an individual. Reactive InvestigationAttempts to reconstruct a crime after it occursConsists of gathering evidence to identify and prosecute the offenderInvestigator(s) may develop early prejudice about likely perpetrator, which might cause them to: - be tempted to engage in noble-cause corruption to obtain a conviction; - ignore or conceal evidence that contradicts their beliefs; - overstate existing evidence; and/or - manufacture or alter evidence. * Proactive InvestigationAttempts to document crime as it occursRequires a more active police roleOften involves deception by policeRequires “targeting” based on reasonable suspicion Changes police role from discovering who has committed a crime to discovering who might commit a crime * Typology of LiesKlockars: - Placebos, such as lying to a person about how a loved one was killed - Blue lies, used to control a person and make the police officer’s job easier Barker and Carter: - Accepted lies, such as those used during undercover investigations or sting operations - Tolerated lies, “necessary evils” such as lying during interrogations - Deviant lies, such as false testimony in court to make a case, or covering up police wrongdoing * Informants Individuals who are not police officers but assist police by providing information about criminal activity. They are: Motivated by monetary profit, revenge, dementia, kicks, a need for attention, repentance (guilt), and coercion. Able to operate under fewer restrictions than police. * ...

1. CHAPTER 6:
Discretion and Dilemmas
Lecture Slides prepared by Cheryn Rowell
*
Frequent and unavoidableNot academicAlways unpopular with
some groupsUsually resolved quicklyDealt with aloneInvolves
complex criteria
Moral Dilemmas of
Law Enforcement Officers
Klockars’ Types of ControlAuthority and power-police officers
generally tells us what to do and we respond.
Persuasion-authority that officers use in order to coerce in a
nonphysical manner.
Physical force-officers use whatever physical methods to
control the situation.

2. Discrimination
Occurs when a discretionary decision-maker treats a group or
individual differently from others for no justifiable reason.
Sexual orientationRaceNational originOther?
*
Forms of Discrimination
Enforcing the law differentially
Withholding the protection of the law
Greater disrespect
Greater use of force
Racial profiling
Greater use of pretext stops
*

3. Racial Profiling
Occurs when an officer uses a “profile” to stop a driver usually
to obtain a consent to search for a vehicle. Minorities are
highly targeted based on the assumption that they are more
likely to commit criminal acts.
*
Complete fragments, flesh out points
Law and Racial Profiling
US v. Martinez-Fuerte, 425 U.S. 931 (1976)
Legitimized the use of race as a criterion in profiles.
Wren v. US 517 U.S. 806 (1996)
Pretext stops upheld.
The law allows race to be considered as only one element in
deciding to stop an individual.
Reactive InvestigationAttempts to reconstruct a crime after it
occursConsists of gathering evidence to identify and prosecute
the offenderInvestigator(s) may develop early prejudice about
likely perpetrator, which might cause them to:
- be tempted to engage in noble-cause corruption to obtain a
conviction;
- ignore or conceal evidence that contradicts their beliefs;
- overstate existing evidence; and/or

4. - manufacture or alter evidence.
*
Proactive InvestigationAttempts to document crime as it
occursRequires a more active police roleOften involves
deception by policeRequires “targeting” based on reasonable
suspicion Changes police role from discovering who has
committed a crime to discovering who might commit a crime
*
Typology of LiesKlockars:
- Placebos, such as lying to a person about how a loved one was
killed
- Blue lies, used to control a person and make the police
officer’s job easier
Barker and Carter:
- Accepted lies, such as those used during undercover
investigations or sting operations
- Tolerated lies, “necessary evils” such as lying during
interrogations
- Deviant lies, such as false testimony in court to make a case,
or covering up police wrongdoing
*

5. Informants
Individuals who are not police officers but assist police by
providing information about criminal activity.
They are:
Motivated by monetary profit, revenge, dementia, kicks, a need
for attention, repentance (guilt), and coercion.
Able to operate under fewer restrictions than police.
*
Becoming too intimate with informantsOverestimating the
veracity of information providedPotential for being duped by
informantUsing informants to entrap people (“creating”
crimes)Engaging in unethical or illegal behaviors on behalf of
the informantUsing coercion and intimidation to force
informant’s cooperationProtecting informants who continue to
commit crime
Ethical Issues
*
Undercover officers deceive suspects and othersDifficult for
officer and his or her family
Undercover Operations
Short Term
Non-intimate relations
(Buy/bust)
Long Term

6. Intimate relations
(“Donnie Brasco”)
Continuum of privacy concerns
*
Entrapment
When police encourage or entice a person to commit an illegal
act.
Approaches:
Subjective—Focuses on the defendant and his/her predisposition
to crime.
Objective—Focuses on the government and whether it provided
“essential element” to the crime.
*
Criticisms (Stitt & James):
Allows police to tempt former offenders who might otherwise
not have been temptedMay rely on hearsay and rumorMay
stigmatize the individual chargedAllows police to choose their
own targetsDegrades the criminal justice system through the use
of deceit
Entrapment
*

7. Suggested limitations:
Require a probable cause–based warrant for any interaction
longer than 24 hours
Ban officers’ engagement in intimate relationships
Evidence obtained by violating the first two limitations should
be excluded at trial
Objections to Limits:
There is no need for an undercover operation if probable cause
exists
It is often impossible to get a warrant
Most undercover operations exceed 24 hours
Undercover Operations
*
Interrogation
Cannot involve physical force (the “third degree”)
Techniques of deception (Skolnick & Leo):
Calling an interrogation an “interview”
Negating the effectiveness of the Miranda warnings by method
of presentation
Misrepresenting the seriousness of the offense
Manipulative appeals to suspect’s conscience
Making leniency promises beyond the interrogator’s power to
offer
Interrogator misrepresenting his/her identity
Using fabricated evidence to make suspect think case against
him/her is strong

8. *
“Dirty Harry” ProblemShould torture be used to gain
confessions?Is there a difference between information to save a
victim and information to prosecute the suspect?Do innocent
people confess to crimes they did not commit because of mental
or physical coercion?
*
Thinking Point
In August of 2010, Jerry Hobbs of Waukegan, IL was
released after spending five years behind bars for the murder of
his 8 year old daughter. Hobbs eventually recanted his
confession saying that he was coerced into saying he murdered
his daughter and her friend. DNA evidence exonerated Hobbs as
the possible murderer linking the crime to a neighbor who is
now in custody.
Should law enforcement be held accountable
for the alleged coerced confession?
What policies could have prevented this, if any?
Excessive Force
Lawful force is force that is reasonably necessary for lawful
purpose.

9. One of the most serious and divisive human rights violations in
the U.S.
Continuum of force (escalation because of resistance).
Use of force depends on discretion of the individual officer.
Individuals who question or refuse to recognize police authority
become vulnerable to the use of force.
*
Culture of Force
L.A.P.D. policy was to use escalating force proportional to a
suspect's "offensive" behavior.
This policy justified all but the most blatant abuse of police
power.
L.A.P.D. culture tolerated, even encouraged, a high level of
violence.
Leadership did not actively discourage excessive force.
L.A.P.D. management was responsible, to some extent, for the
brutality of the Rodney King incident.
The Los Angeles Police Department
and the Rodney King Incident
*
The Research on Excessive Force
The true number of excessive force incidents is difficult to

10. detect.
Few encounters end in the use of any force, much less excessive
force.
A small percentage of officers are responsible for most
excessive force incidents.
Race and socioeconomic status are associated with excessive
force.
But other factors (such as demeanor) are more influential.
*
Who Uses Excessive Force?
Certain characteristics associated with
officers who use excessive force:
Lack of empathy
Antisocial and paranoid tendencies
Proclivity toward abusive behavior
Inability to learn from experience
Tendency to not take responsibility for own actions
CynicismStrong identification with the police subculture
*
Factors in the use of excessive force
Suspect being male
Suspect's race
Suspect's demeanor

11. Suspect agitation/emotionality
Suspect intoxication
Suspect’s use of force
Suspect having a weapon
Socioeconomic status of suspect
Gang involvement
Officer being male
Officer’s race
Age of officer (younger)
Officer having prior injuries
Encounter involving a car chase
Number of citizens present
Number of police officers present
Knowledge suspect committed
prior (especially violent) crimes
*
Determining Excessive ForceUse of official documents in
incident reports.Asking police officers about their actions and
those of their peers.Civil rights complaints or public opinion

12. surveys.Observers in police cars who record interactions
between police and citizens.
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Complete fragments, flesh out points
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CHAPTER 7:
Police Corruption and Misconduct
Lecture Slides prepared by Cheryn Rowell
*
The majority of police officers are professional and ethical.
However, a small minority abuse their power. This leads to
close scrutiny by the public of all police.
Police officers have tremendous power in our society: The

14. power to arrest The power to mediate or to charge The power to
use force The power of life and death
Abuse of Power by Police
*
Police Corruption:
A Worldwide ProblemBaksheeshCountries with high scores for
police honestyFinlandDenmarkNew ZealandSwedenCountries
with low scores for police
honestyAzerbaijanBoliviaKenyaUganda Bangladesh
*
Types of Corruption1973 Knapp Commission:
Grass eaters—accepting bribes, gratuities, and unsolicited
protection money
Meat eaters—shakedowns, “shopped” at burglary scenes, and
engaged in more active deviant practices
1993 Mollen Commission:
Criminal cops—burglary rings, selling drugs, robbing drug
dealers
*

15. Police Abuse of Authority (Barker and Carter)
Physical abuse Excessive force Physical harassment
Psychological abuse Disrespect Harassment Ridicule
Intimidation
Legal abuse Unlawful searches or seizures Manufacturing
evidence
*
Corruption (Fyfe and Kane)Police crime —police officers
violate criminal statutes.
Police corruption —officer uses his or her position, by act or
omission, to obtain improper financial benefit, bribes, extra-job
policy abuse, gratuities (may be criminal or not).
Abuse of power —officers physically injure or offend a
citizen’s sense of dignity (“brutality” or unnecessary force,
deception in interrogation, intimidation on the street, perjury,
planting evidence, and hiding exculpatory evidence, off-duty
misconduct).
*
Gratuities
Items of value given because of role or position, rather than

16. personal relationship.
A gift is personal and has no strings attached. Common police
gratuities include:
Free coffee
Free movie/sports tickets
Discounted or free meals
Discounted or free merchandise
*
Professional Courtesy
The practice of not ticketing an officer who is stopped for
speeding or for other driving violations.
Using Drugs/Alcohol on Duty
Police work factors that foster drug use:Exposure to a criminal
element Relative freedom from supervisionUncontrolled
availability of contraband
Drinking on duty: Creates less vulnerability to corruption than
drug useCreates an ethical dilemma for other officers May lead
other officers to isolate themselves from or avoid working with
those who drink
*

17. Exploitation of one’s role by accepting
bribes or protection money.
Also applies to kickbacks from defense attorneys, bail bond
companies, etc.
Bribes rated in one study as second most serious ethical
transgression (after theft from burglary scene).
Graft
*
Sexual Misconduct (Kraska & Kappeler) Viewing a victim's
photos, etc., for prurient purposes
Strip searches
Illegal detentions
Deception to gain sexTrading favors for sex
Sexual harassment
Sexual contact
Sexual assault
Rape
*
Criminal Cops“Buddy boys” (NYC)Mafia Cops (Eppolito &
Caracappa)Boston (Pulido)Cleveland cocaine copsChicago
(robbery, extortion, theft)Miami River RatsDrug crimes (in all
cities: protection, theft, robbery)

18. *
Explanations“Rotten-apple” argument (Officer was deviant
before hiring)Development of a police personality (Officer
became deviant after hiring) Possible predictors: gender, age,
education, race, military experience, academy performance,
prior history of wrongdoing
Target: screening/recruiting process; training
Individual:
*
Poor management and supervision“Noble Cause” (improper
rewards)Corruption continuum (Trautman)
- Administrative indifference toward integrity
- Ignoring ethical problems
- Hypocrisy and fear
- “Survival of the fittest”Continuum of compromise (Gilmartin
& Harris)
- Sense of victimization
- Cynicism and entitlement
- Wrongdoing
Explanations

19. Institutional/Organizational:
*
If the public does not comply with the law, officers may
rationalize non-enforcement of the law.
If the public engages in illegal activities, officers may feel
justified in doing the same.
If the public believes crime control is more important than due
process, police will act on that message.
Explanations
Systemic/Societal:
*
Thinking Point
On May 25th, 2010 a Winfield, MO police officer was
arrested for buying 2 grams of cocaine from a police informant.
The officer was later taken into custody in his uniform. Bud
Chrum was hired in December of 2009 making $14.97 per hour.
What explanation can be offered as to why this officer became
corrupt?
Was he simply a rotten apple or did he develop the police
personality?
Is there ever a time when this type of behavior is justified?

20. Reducing Corruption (Malloy)Increase pay
Eliminate unenforceable laws
Establish civilian review boards
Improve training
Improve leadership
*
Set realistic goals and objectives
Provide ethical leadership
Provide a written code of ethics
Provide a whistle-blowing procedure that ensures fair treatment
for all parties
Provide training in law enforcement ethics
Reducing Corruption (Metz)
*
Education and TrainingHigher formal education standards are
not, themselves, the key to ethical behavior
Academy and in-service ethics training are common and
recommended for all departments
Many courses use a moral reasoning approach
Some advocate an emphasis on character
Others recommend case studies
*

21. Integrity TestingVery controversial
Not well-received by most officers
Comparing integrity testing to undercover operations reveals
that:
- Most officers oppose integrity testing
- Most officers support undercover operations
*
Early Warning or Audit SystemsSeek to identify problem
officers by trends of abuse or corruption complaintsIdentified
officers may be subject to:
- Reassignment, retraining, or transfer
Referral to an employee assistance program
A fitness-for-duty evaluation
Dismissal
*
Internal Affairs ModelPolice investigate themselves
Police use an internal discipline system
Widely seen as ineffective
May discourage civilian complaints
Does not evoke public confidence

22. *
Civilian Review/Complaint ModelAn independent civilian
agency audits complaints and investigations
Police still investigate and conduct discipline proceeding
Using departments receive more civilian complaints
Internal and external substantiation rates about the same—
approximately ten percent
*
�Ethical LeadershipMistrust of police administration is
pervasive among the rank-and file
Two cultures of policing: street cops and management
Most agree that supervisor behavior has greater influence on
employee behavior than directives or ethics
Leaders lead most effectively by example
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