textfiles/law/2corrupt05.law

September 1991                                                    
         
                                                         
                         CORRUPTION:
         A CONTINUING CHALLENGE FOR LAW ENFORCEMENT         

                              By 

                       Otis E. Cooksey                                     
                Major, Military Police Advisor
                  U.S. Army Readiness Group
                   Fort Sam Houston, Texas                         
                   
                                               
     All too frequently, the public's confidence in law
enforcement is shaken by reports of officers falling victim to
corruption.  While no profession is untouched by corruption, its
effect on law enforcement is especially damaging.  As guardians
of law and order in a free society, law enforcement officers
must maintain a consistently high standard of integrity.

     Combating crime claims many victims from the ranks of law
enforcement.  As criminals become more violent, increasing
numbers of officers are being killed or injured in the line of
duty.  But increasing numbers of officers are also being lost to
corruption.  The lure of fast money associated with the drug
trade and other temptations are creating new and potentially
devastating problems for police departments and law enforcement
managers across the country.

     While there is no proven approach to eliminate all
corruption, there is an emerging understanding that an effective
strategy must begin with recruitment and continue into training.
In addition, a procedure should be instituted to investigate
charges of police misconduct within an agency.  To combat
corruption successfully, police managers must acknowledge that
it is a serious threat to the organization, and they must work
to reduce its damaging effects.

ACKNOWLEDGING THE PROBLEM

     The key to any effort aimed at preventing corruption in a
law enforcement agency is acknowledging that corruption, or the
potential for corruption, exists.  Given the current environment
wherein drug dealers regularly transact business while carrying
more cash than an officer makes in a year, law enforcement
managers can no longer ignore the issue of corruption.

     For the most part, managers use three general approaches
when failing to deal with corruption.  First, managers attempt
the "ostrich" approach, denying the existence of a problem.  As
a result of this approach, when the manager is faced with an
allegation of corruption, there is no effective mechanism in
place to deal with the problem.  This may force the manager into
courses of action directed by those outside the department.

     Second, managers try to deal with corruption by taking a
"pollyanna" approach.  Here, the manager acknowledges that
corruption exists in the organization, but downplays its impact.
Again, in a situation where the manager fails to respond
effectively to an incident, the course of action may be directed
from outside the agency.

     The third, and potentially most damaging, approach occurs
when a manager responds to corruption with a "cover-up."  Here,
the manager not only acknowledges corruption in the organization
but also takes overt action to cover it up.  This tactic
violates the special trust and confidence society places in law
enforcement and establishes a climate in the agency for
corruption to flourish.

     Fortunately, the law enforcement manager can overcome the
shortfalls of these approaches by taking a more-realistic
approach to corruption.  To respond effectively to corruption,
the manager must acknowledge the devastating impact it can have
on an agency.  A manager with a realistic appreciation of the
potential effects of corruption is in a position to develop a
strategy to deal with corruption internally.  This will enable
the department to minimize the damaging effects of the
corruption.

ESTABLISHING A POLICY

     Once the manager is committed to preventing corruption, the
next step is developing a policy before a crisis situation
develops.  While no one policy will meet the needs of all law
enforcement agencies, any effective policy should cover
recruitment, training, and investigation. (1)

     Before an effective strategy can be established, however,
the manager must decide on a suitable definition of corruption.
Arthur Niederhoffer defines corruption to include activities
ranging from the acceptance of a free cup of coffee to the
actual commission of criminal acts. (2)  But, including acts on
such a wide continuum creates a potential problem for the
manager.  The dilemma is whether to include this whole range of
activities in the policy or to draw a line on the continuum to
mark when seemingly innocent acts become corrupt.

     The problem for those managers who attempt to "draw the
line" or separate degrees of corruption will be the tendency
toward interpretation and rationalization.  Managers faced with
complex situations must then try to decide on which side of the
line an act falls.  At the same time, officers serving under
this policy can rationalize their actions, and given a healthy
imagination, one can rationalize almost any action.

     The alternative to defining specific corrupt acts is the
approach adopted by the International Association of Chiefs of
Police (IACP), which established a definition of corruption by
using the intended results of an action, not by the specific
acts.(3)  The IACP defines corruption as acts involving the
misuse of authority by a police officer in a manner designed to
produce either personal gain or gain for others.  This approach
simplifies the managers role in identifying corrupt actions and
provides officers with a simple way of determining where their
actions fall in relation to agency policy.

     The Model for Management-Corruption Prevention, prepared by
the IACP, is an effective tool to aid the law enforcement
manager in preparing a corruption prevention policy.  This model
policy covers the key aspects of a corruption prevention
strategy--recruitment, training, and investigation.  This model
can also be tailored to the specific needs of departments,
regardless of size.

PREVENTION STRATEGY

Recruitment

     As Edwin J. Delattre notes in his book, "Character and
Cops," people do not just happen to wear badges.  They wear
badges because police managers recruit and hire them. (4)  It is
only commonsense, then, that a comprehensive corruption
prevention policy address recruitment.  No agency knowingly
hires people who will commit corrupt acts in the future.  Yet,
many departments suffer the devastating effects of corruption.
The Los Angeles County Sheriff's Department discharges
approximately 20 officers a year, primarily as a result of
misconduct. (5)

     There are, of course, many reasons why police agencies
should screen recruits and eliminate those who may become
corrupt.  One important factor is money.  For all agencies,
training is an expensive resource that cannot be wasted.  If an
officer completes training and then commits corrupt acts, the
department faces a potentially more complex and more serious
problem, mainly because rehabilitation and disciplinary actions
are more difficult and expensive the longer an individual is
employed. (6)  Law enforcement managers should be alert for
signs indicating trouble during the recruitment, initial
training, and probationary periods.

     An additional concern for departments in the coming years
is the declining number of qualified recruit applicants.
Reasons for this include low pay and the deteriorated image of
law enforcement.  Other factors include the increased demand for
police officers nationwide and a declining trend in the
population of 18 to 25 year olds. (7)

     A model that may assist recruitment managers is the
Standards Manual of the Law Enforcement Agency Accreditation
Program.  This model stresses the following guidelines:

     *  The department should advertise broadly for candidates
        and not restrict recruiting to its own jurisdiction,

     *  The department should have trained personnel conduct a
        written background investigation of every eligible
        candidate.  In some cases, the polygraph may be used as
        an investigative tool,

     *  The department should have trained personnel conduct an
        oral interview of each candidate, and also test the
        candidate's general health, physical fitness and agility,
        emotional stability, and psychological fitness,

     *  The department should require all candidates to complete
        at least a 6-month probationary period and entry-level
        training.  (8) 

While this model may not be suitable for every agency, the
principles described provide a guide for managers to include
recruitment as part of an anticorruption strategy.

Training

     Training provides the best and most powerful tool for
making a corruption prevention strategy work.  Training
conducted in an integrated and realistic manner is an effective
deterrent to corruption for two reasons.  First, training
publicizes agency policy.  A policy that is merely written but
not disseminated widely and regularly is likely to be
ineffective.  Second, training allows officers the opportunity
to interact and request clarification of standards of conduct in
terms of specific actions commonly encountered in police work.

     In most agencies today, training is separated into two
categories--recruit and inservice.  Corruption prevention
indoctrination logically begins during recruit training and
should be integrated into as many subject areas as possible by
the academy instructors.  This approach is effective for two
reasons.  First, this will incorporate corruption prevention
standards into the enforcement of laws and regulations.  Second,
the instructors, usually veteran police officers, have built a
rapport and have the respect of the students.  They, along with
the chaplain, can establish a solid foundation for the new
officers to resist corruption.

     The second phase of the training process is the inservice
training that officers receive during their careers.  Inservice
training provides a department with a mechanism to reinforce the
standards of corruption prevention.

     Law enforcement managers have several options when planning
inservice training.  Many colleges and universities have courses
in sociology, psychology, religion, and management that will
reinforce and supplement corruption prevention strategies.  In
addition, expert consultants can be contracted to develop
corruption prevention training programs.

     Although academically engaging and easy to institute,
neither of these approaches may be as effective and complete as
a program developed within the agency.  The Los Angeles
Sheriff's Department is an example of an agency that decided to
create its own training program to combat corruption.

     Using its own personnel and based on an assessment of the
problem, the sheriff's department designed a program that
covered the following:

     *  Discussions of different ethical dilemmas, preceded by a 
        review of several problem situations,                             

     *  Issues of concern, an overview of misconduct cases in
        the department,

     *  Standards for decision-making,                               

     *  Rationalization, and                                         

     *  Situational planning                                         

     One of the strengths of this program is that it allows open  
discussion of problem areas and  standards of performance 
required by the agency.  It integrates real-life law enforcement 
issues with the expected standards of conduct.            

Investigation                                                     

     The last, and possibly most difficult, phase of a
corruption prevention strategy to implement is the investigation
of police misconduct.  However, an effective investigation
policy must be established or the other elements of the strategy
lose their effectiveness.  Through objective investigation of
all possible incidents involving misconduct, a police agency can
foster a sense of confidence and credibility with the public.

     Most agencies approach the investigation process by forming
an internal affairs unit.  To assist in this endeavor, the IACP
developed a model that can be used by police departments. (9)
This model covers the various issues that should be considered
when forming this special unit.

     The first task for the manager is staffing.  In large
departments, several full-time officers may work solely in the
internal affairs unit.  In small departments, the unit may
consist of one officer, operating on an as-needed basis.
Another viable alternative for the small department is to pool
resources with other local agencies as situations require.

     After the unit is staffed, the manager must decide where to
place the internal affairs unit in the organization.  Ideally,
the unit will report directly to the chief or ranking officer of
the agency.  The manager should provide clear, comprehensive
directives outlining the procedures for dealing with complaints
coming from both inside and outside the agency.

     The manager should also ensure that the unit investigates
all complaints quickly and impartially.  The internal affairs
unit does not determine guilt or innocence; it merely gathers
facts concerning the complaint that should be well-documented.
This documentation will ultimately benefit both the officer
involved and the public, in the case of an external complaint.

     The establishment of an effective internal affairs unit
reinforces proper police conduct, as well as ensures the public
of effective and honest police service.  The existence of an
internal affairs unit in the agency structure tells the public
and police officers that the department is willing to "police
the police" and supports the overall corruption prevention
strategy.

CONCLUSION

     Corruption can destroy the special bond of trust between
law enforcement and the public.  Citizens in a free society
expect law enforcement officers to perform their duties with a
high standard of integrity.  When corruption occurs, not only is
the bond between police and public strained, but citizen
cooperation, on which law enforcement depends, can be
jeopardized.

     In order to combat corruption effectively, law enforcement
managers must first acknowledge the potential for corruption and
appreciate the devastating effects it can have on their
agencies.  The key elements of a corruption prevention strategy
should integrate agency policy into recruitment, training, and
thorough investigation of all alleged corruption.

     While corruption has always been a factor in law
enforcement, the need for effective corruption prevention
strategies has never been stronger.  Today's officers face more
violent criminals and more potential temptations.  Law
enforcement must present a unified front against an increasingly
sophisticated criminal element.  It is important that managers
provide today's officers with proper corruption prevention
skills.


FOOTNOTES                                                         

     (1)  John D. Glover, "Maintaining Police Integrity:
Federal Police of the United States," Police Studies, Spring
1986, p.  24.

     (2)  Sanford H. Kadish, "Corruption," Encyclopedia of Crime
and Justice, 1983, p. 1161.

     (3)  International Association of Chiefs of Police, "Models
for Management--Corruption Prevention," Police Chief, May 1989,
p.  60.

     (4)  Edwin J. Delattre, Character and Cops (Washington,
D.C.: American Enterprise Institute for Public Policy Research,
1989), p. 117.

     (5)  Duane T. Preimsberger and Sherman Block, "Values,
Standards and Integrity in Law Enforcement:  An Emphasis of Job
Survival," Journal of California Law Enforcement, January 1987,
p. 10.

     (6)  Supra note 4, p. 119.                                      

     (7)  Bruce W. Cameron, "Where Will We Get New Recruits?"
Law and Order, September 1989, p. 3.

     (8)  Commission on Accreditation for Law Enforcement
Agencies, Inc., "Standards for Law Enforcement Agencies:  The
Standards Manual of the Law Enforcement Agency Accreditation
Program," 1984, pp. 31-32.

     (9)  International Association of Chiefs of  Police, "The
Disciplinary Process: Internal Affairs Role," Training Key #
228, undated.