Civil Liberties
In reply to the discussion: Understanding the psychology of police misconduct [View all]JonLP24
(29,404 posts)Noble Cause Corruption, Discretion, and Privacy Expectations
Noble cause corruption in policing occurs when good officers substitute in their personal values for the values of the profession and the law. It is an ends-justifies-the-means rationalization associated with public service wherein officers break the law to enforce the law. It is unconstitutional policing; an illegal use of authority and power, but not for personal gain. Rather, the objective is to rid society of its predators, no matter what the means, as an ultimate goal.11 This is when officers cut corners to circumvent the constitutional guidelines promulgated for them in their profession and rationalize such illegality as a means to an ordered end. Granted, the end is a noble cause (cleaning up the streets they police), but the means used is the less-discussed side of noble cause corruption.
Such street-level rationalizations cloud the police mission and, when discovered, undermine the efforts of those in the profession who are committed to just ends. Whether citizens arrested are murderers, rapists, pedophiles, drug dealers, or terrorists, they are societys predators and it is law enforcements job to put them away. Yet bending (or breaking) of the law under a police rationalization that such ends (incarcerating societys predators) justifies the use of illegal means (violation of predators constitutionally protected rights) is a critical issue that must be addressed in training curricula. The planting of evidence, falsified testimony, privacy violations in information gathering, and the arbitrary detention of citizens without legal justification are examples of noble cause corruption.12 Illegal fishing expeditions by law enforcement can result in exclusion of evidence, as so-called fruits of the poisonous tree, and dismissal of all criminal charges. The American Exclusionary Rule was specifically carved out in U.S. Supreme Court case law to prevent constitutional noncompliance by the police.
For years, academicians have been researching and writing about noble cause corruption, and yet it still is not a common topic in academy training. Some would argue that low-ranking subordinates should never have the option to engage in such occupational rationalizations,13 while others have suggested that street-level decisions are made without regard to the formal administrative and legal protocols.14 Others have suggested that poor administrative attention to this problem and the occupational stressors it produces have fueled its existence through a looking-the-other-way supervisory mentality: [F]ormal organizational values impose pressures that may lead to noble cause corruption. Aspirations for promotion, implicit quotas for arrests, directives from administrators, self-esteem, [and personal] moral ideological commitments all put pressure on the individual officer to lie or otherwise subvert the formal values of law enforcement and lead to violation of suspects rights or other unethical behaviors (emphasis added).15
Police discretion involves legal, educated decision-making processes. Whether to enforce the full letter of the law, to simply advise a citizen, or to choose a middle ground, street-level officers must incorporate all of the tools of their trade and select the plan of action most appropriate or reasonable on a case-by-case evaluation. Though there are many factors to consider regarding officer discretion, personal biases, prejudices, and values are not to be employed in this decision-making process. Nor can police rationalizations be used to breach the constitutional line regarding citizen privacy expectations. Cutting corners regarding policy and procedure implementation has proven to be costly. Ethics training must incorporate the critical importance of comporting to the specific dictates of the legal process, the philosophy of the profession, the ethical expectations of the organization, and the need to keep personal values in check while wearing the badge.
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=2339&issue_id=32011
<snip>
Noble cause corruption in policing occurs when officers circumvent the professions mandatory constitutional restrictions. The Fourth Amendment protects citizens from unreasonable governmental intrusions into their private lives in order to prevent arbitrary and malicious police actions. Noble cause corruption is a felony, not a misdemeanor, because it is an abuse of police powers, it is the corruption of police power when officers do bad things because they believe that the outcomes will be good.2 It is not a bending of the constitutional rules, as some try to suggest, but rather a breaking of those rules in an effort to get the upper hand on societys terrorist and criminal element: NCC is intended to cover a certain type of corruption with the mantle of respectability, much as the designation of a lie as white is usually intended to sanitize it.3 It is not misconduct for personal gain; rather, it is a misguided rationalization that such behavior is part of the job description, in a utilitarian sense, to get the criminals off the streets no matter what the means.4
Such rationalized corruption has been in policing for years and has been an ongoing challenge for police administrators educated in the nuances of this occupational rationalization.
Street-level NCC occurs when officers plant evidence, use their sixth sense as opposed to establishing probable cause facts, describe the elements of misdemeanor in such a way that it becomes a felony;5 and commit testilying.6 All of these are police felonies based on the passion to prevent crime, a rationale that is the linchpin of noble cause corruption.
However, each action violates the U.S. Constitution, the officers oath of office, and the publics trust in the policing profession. One of the most egregious cases in recent times was the Los Angeles Police Departments Ramparts case.7 This incident cost the city millions of dollars in lawsuits, settlements, investigative hours reviewing previous convictions, and an overall decrease in organizational morale. Further, the agency suffered long-term distrust issues with the media and with the citizens they served.
http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display&article_id=1917&issue_id=102009
There is a lot more, I'd recommend typing the professor's name in the search site box for more articles done by him.
Edit history
Recommendations
0 members have recommended this reply (displayed in chronological order):