Form P-Representing Minors And Mentally Incapable Persons: Fill & Download for Free

The status, rights and freedom of women declined dramatically during the Renaissance. Medieval women enjoyed greater freedoms, status and rights than women in the so-called “Renaissance.”Non-historians are inclined to assume that progress is linear. Since women did not obtain the right to vote in major democracies until the early 20th century, the assumption is that before the 20th century women had no rights. Yet, as the noted French historian Régine Pernoud argues eloquently in her book Women in the Days of the Cathedrals (Ignatius, 1989) women enjoyed much greater power in the Middle Ages than in the centuries that followed. In the introduction she notes:Women at that time [the 10th to 13th centuries] incontestably exercised an influence that the lonely rebels of the seventeenth century or the severe anarchists of the nineteenth century were not able to achieve. This influence manifestly decreased [thereafter] …dragging them toward an eclipse from which they emerged only in the twentieth century.Pernoud attributes this retrogressive development to the Renaissance and the attendant fascination with all things “antique.” The focus on Rome ultimately led to the re-introduction of many elements of Roman law, a legal tradition that was extremely misogynous.The higher status of women in the Middle Ages as compared to antiquity and the renaissance and early modern periods stems from the two principles that formed the basis of medieval society: 1) Christianity and 2) Feudalism.Christianity accorded women unprecedented status because it eliminated polygamy and divorce, while elevating women from sexual objects to spiritual beings. Feudalism raised the status of women because power derived through hereditary titles to land.Simplified: in feudalism bloodlines were more important than gender. What this means is that although the hierarchy gave precedence to the first born son over his brothers, and to sons before the daughters, it nevertheless gave the daughters precedence over cousins and illegitimate children of either sex, much less individuals without any blood relationship to the hereditary lord.Bonds of marriage, furthermore, were considered “blood-ties,” meaning that wives were given very powerful rights over property, which in turn gave them control over the vassals, tenants, servants and serfs that went with the land. In practice, the feudal focus on blood-ties and land meant that in the absence of a male, whether temporary or permanent, females exercised the same authority as the absent male. In other words, in a hierarchical society such as feudalism, class trumped gender. Thus, while women were to a degree subject to men of their own class, they nevertheless had a higher standing and more power than men of any lower class.At the pinnacle of feudal society, queens were anointed and crowned because they were expected to exercise authority over the entire kingdom, and so the blessings of the Divine were deemed essential. This was not a nominal nor ceremonial power. When a king died leaving a minor child as his heir, it was normal for the child’s mother to act as regent. In France the custom goes back at least to 1060, when, at the death of Henry I, his wife Anna became regent for their son Philip I. In England, an example of this is when Isabella of France served as regent for Edward III after his father’s death but before he attained his majority. Even when a king was not dead, circumstances might hand power to his wife. In England, Marguerite of Anjou ruled during the frequent periods of mental illness exhibited by Henry VI. When Louis IX of France went on crusade to the Holy Land in 1249, he left his mother as his regent ― a function she had fulfilled during his minority as well. Indeed, when Louis IX was taken captive by the Saracens, he negotiated a ransom with the caveat that, since he was a prisoner, his queen was reigning and only she could confirm the terms of the agreement.Across most of Europe women could be barons in the sense that they could both give and receive feudal oaths. The importance of this cannot be over stated: feudal oaths were the very basis of feudal society, they were the mortar that held society together, the social contract that made feudalism function. The recognition of a woman as a vassal and a lord ― not in her capacity as a man’s wife or daughter but in her own right ― entailed recognizing her as a fully independent legal entity. Thus, women in the Kingdom of Jerusalem could both initiate proceedings — and face trial as defendants — before the High Court. Treating women as judicial persons was absolutely unthinkable under Roman law, and, sadly, was not the case in the France from the 16th to the 20th century!Nor was this a rare occurrence. In depth studies of specific lordships in France such as Troyes in the Champagne have shown that women held 58 of a total of 160 fiefs held directly (as opposed to being property of a higher lord, administrated by an appointee). (Pernoud, p. 180.) This suggests that women inherited at a rate of slightly better than one out of three.Above just one of the medieval queens who commanded armies: the Empress Mathilda, 12th century.Not only did women hold the titles, they controlled the lands and commanded the men and women that went with them. One of my favorite stories in that of the “Keeper of the King’s Forrest” and Constable of Lincoln in 1217 ― a certain Nicholaa, who Austin Hernon has brought wonderfully to life in his well-researched novel The Women Who Saved England. She defended the castle of Lincoln against forces attempting to put the King of France on England’s throne during the minority of Henry III. She withstood multiple assaults, commanding the men of the garrison in person. But there are literally countless cases of women holding and defending castles against siege and storm.Last but not least, no description of political power in the Middle Ages would be complete without noting that the emergence of nuns and convents in the 5th century AD opened completely new opportunities for women. Convents were centers of learning, music, and illumination. The Order of the Hospital also offered women careers in social work and medical care ― not to mention an opportunity to travel to the Holy Land. Critical to understanding these institutions is to note that they were self-governing, so that women were not subject to any men inside the community, and ― often completely overlooked ― in many double foundations (monastery and convent side-by-side) the Abbess ruled over the men as well as the women. What this means is that monks entering the monastery took their vows to the abbess ― not the abbot. Finally, although such power is indirect, many abbesses enjoyed great influence outside the walls of the convent. As women of recognized learning and wisdom, some of the greater abbesses such as Agnes of Poitiers, Mathilda of Fontevrault, or Hildegard von Bingen, corresponded with popes, emperors and kings.Moving from the aristocracy to the middle class, the high status of women in the medieval period as opposed to the so-called “Renaissance” remains striking. This is because nothing gives women more power and status than wealth. In societies where women cannot own property (e.g. ancient Athens) they are not only powerless to take their fate into their own hands in an emergency, they are also generally viewed by men as worthless. Where women can possess, pass-on, and control wealth, they enjoy independence, respect and are viewed (and coveted) not only as sexual objects but as contributors to a man’s status and fortune (e.g. ancient Sparta). In Medieval Europe it was not just noblewomen who could inherit, own and bequeath property, but the peasant woman as well.Significantly, it was not only heiresses that enjoyed property and the benefits thereof. On the contrary, every married women received a “dower.”A dower is not to be confused with the dowry. A dowry was not an inheritance. It was property that a maiden took with her into her marriage. The key thing to remember about dowries, however, is that they were not the property of the bride. They passed from her guardian to her husband.Dowers, on the other hand, were women’s property. In the early Middle Ages, dowers were inalienable land bestowed on a wife at the time of her marriage. A woman owned and controlled her dower property, and she retained complete control of this property both before and after her husband’s death. In England, it was normal to view one-third of a man’s property his widow’s dower. In the Kingdom of Jerusalem, the dower portion was even higher: 50% of the deceased’s property.Whatever the source of a woman's wealth, in Medieval France, England and Outremer, women did not need their husband’s permission or consent to dispose over their own property. There are thousands of medieval deeds that make this point.Middle-class women could inherit whole businesses, and as widows they ran these businesses, representing them in the respective guilds. Indeed, most wives were active in their husband's business while he was still alive. Manuscript illustrations show, for example, a women bankers (collecting loans, while the husband gives them out), and "alewives." There are even illustrations of women in helmets bringing refreshment to archers engaged in a battle!More important, however, women could learn and engage in trades and business on their own. They could do this as widows, as single, unmarried women (femme sole), or as married women, running a separate business from that of their husbands. The skills acquired, even more than property, fostered economic independence and empowerment because property can be lost — in a fire, an invasion, from imprudence and debt — but skills are mobile and enduring, as long as one remains healthy enough to pursue one’s profession. Furthermore, once qualified in a trade, women took part in the administration of their respective profession, both as guild-members and on industrial tribunals that investigated allegations of fraud, malpractice and the like. In short, there was no discrimination against qualified women engaged in a specific trade.Women in the Middle Ages could learn a variety of trades. Some trades were dominated by women, for example, in England brewing, in France baking, and almost everywhere silk-making. However, women were also very frequently shopkeepers, selling everything from fruit and vegetables (not very lucrative) to spices and books (very up market!) In addition, women could be, among other things, confectioners, candle-makers, cobblers, and buckle-makers. Women could also be musicians, copiers, illuminators, and painters. More surprising to modern readers, medieval records (usually tax rolls) also list women coppersmiths, goldsmiths, locksmiths, and armorers. A survey of registered trades in Frankfurt for the period from 1320 to 1500 shows that of a total 154 trades, 35 were reserved for women, but the remainder were practiced by both men and women, although men dominated in 81 of these.Notably, in the early Middle Ages women could be medical practitioners. All midwives were women, of course, and sisters of the Hospital provided most of the care for women patients, but women could also be barbers (who performed many medical procedures such as blood-letting), apothecaries, surgeons, and physicians. A female doctor, for example, accompanied King Louis IX on crusade in the mid-13th century. Women learned these trades in the traditional way, by apprenticing with someone already practicing the profession, who was willing to take them on. It wasn't until the 14th century that universities imposed the exclusive right to certify physicians -- while excluding women from universities. Indeed, Pernoud argues that the growth and expansion of universities was one of the main factors leading to a deterioration of women’s position in society.To conclude, the fascination with all things “classical” that was inherent to the so-called “Renaissance” led to the re-introduction of many features of Roman law that included increasing restrictions on women’s status, independence and legal rights. The increasing centralization of government and the rise of absolutism undermined the power of all vassals (including women) and replaced inherited power with “professional” bureaucrats — the latter, however, being exclusively male.In other words, “who” one was (e.g. a Capet, a Plantagenet, an Ibelin) became less important than “what” one was (a man, a civil servant, a university graduate.)Likewise, the “enlightenment” replaced the unwavering Christian concept in the equality of all souls in the eyes of God with the concept of “intellect” — and pseudo-scientific studies “proving” that females had smaller brains and hence were “incapable” of intellectual activity equal to man’s.For more on women in the Middle Ages see my entries on:Women in the Middle Ages 3: Women and EducationWomen in the Middle Ages 4: Women and LoveAnd for a biography of just one powerful (and forgotten) medieval woman see:Queen Melisende I: The Formidable Wife of FulkQueen Melisende: Redoubtable Mother of Baldwin III

The fascination with all things “classical” that was inherent to the so-called “Renaissance” led to the re-introduction of many features of Roman law that included increasing restrictions on women’s status, independence and legal rights. The status, rights and freedom of women declined dramatically during the Renaissance. Medieval women enjoyed greater freedoms, status and rights than women in the so-called “Renaissance.”Non-historians are inclined to assume that progress is linear. Since women did not obtain the right to vote in major democracies until the early 20th century, the assumption is that before the 20th century women had no rights. Yet, as the noted French historian Régine Pernoud argues eloquently in her book Women in the Days of the Cathedrals (Ignatius, 1989) women enjoyed much greater power in the Middle Ages than in the centuries that followed. In the introduction she notes:Women at that time [the 10th to 13th centuries] incontestably exercised an influence that the lonely rebels of the seventeenth century or the severe anarchists of the nineteenth century were not able to achieve. This influence manifestly decreased [thereafter] …dragging them toward an eclipse from which they emerged only in the twentieth century.Pernoud attributes this retrogressive development to the Renaissance and the attendant fascination with all things “antique.” The focus on Rome ultimately led to the re-introduction of many elements of Roman law, a legal tradition that was extremely misogynous.The higher status of women in the Middle Ages as compared to antiquity and the renaissance and early modern periods stems from the two principles that formed the basis of medieval society: 1) Christianity and 2) Feudalism.Christianity accorded women unprecedented status because it eliminated polygamy and divorce, while elevating women from sexual objects to spiritual beings. Feudalism raised the status of women because power derived through hereditary titles to land.Simplified: in feudalism bloodlines were more important than gender. What this means is that although the hierarchy gave precedence to the first born son over his brothers, and to sons before the daughters, it nevertheless gave the daughters precedence over cousins and illegitimate children of either sex, much less individuals without any blood relationship to the hereditary lord.Bonds of marriage, furthermore, were considered “blood-ties,” meaning that wives were given very powerful rights over property, which in turn gave them control over the vassals, tenants, servants and serfs that went with the land. In practice, the feudal focus on blood-ties and land meant that in the absence of a male, whether temporary or permanent, females exercised the same authority as the absent male. In other words, in a hierarchical society such as feudalism, class trumped gender. Thus, while women were to a degree subject to men of their own class, they nevertheless had a higher standing and more power than men of any lower class.At the pinnacle of feudal society, queens were anointed and crowned because they were expected to exercise authority over the entire kingdom, and so the blessings of the Divine were deemed essential. This was not a nominal nor ceremonial power. When a king died leaving a minor child as his heir, it was normal for the child’s mother to act as regent. In France the custom goes back at least to 1060, when, at the death of Henry I, his wife Anna became regent for their son Philip I. In England, an example of this is when Isabella of France served as regent for Edward III after his father’s death but before he attained his majority. Even when a king was not dead, circumstances might hand power to his wife. In England, Marguerite of Anjou ruled during the frequent periods of mental illness exhibited by Henry VI. When Louis IX of France went on crusade to the Holy Land in 1249, he left his mother as his regent ― a function she had fulfilled during his minority as well. Indeed, when Louis IX was taken captive by the Saracens, he negotiated a ransom with the caveat that, since he was a prisoner, his queen was reigning and only she could confirm the terms of the agreement. (Below Louis and his queen)Across most of Europe women could be barons in the sense that they could both give and receive feudal oaths. The importance of this cannot be over stated: feudal oaths were the very basis of feudal society, they were the mortar that held society together, the social contract that made feudalism function. The recognition of a woman as a vassal and a lord ― not in her capacity as a man’s wife or daughter but in her own right ― entailed recognizing her as a fully independent legal entity. Thus, women in the Kingdom of Jerusalem could both initiate proceedings — and face trial as defendants — before the High Court. Yet, treating women as judicial persons was absolutely unthinkable under Roman law, and, sadly, was not the case in the France from the 16th to the 20th century!Note, in depth studies of specific lordships in France such as Troyes in the Champagne have shown that women held 58 of a total of 160 fiefs held directly (as opposed to being property of a higher lord, administrated by an appointee). (Pernoud, p. 180.) This suggests that women inherited at a rate of slightly better than one out of three.Not only did women hold the titles, they controlled the lands and commanded the men and women that went with them. One of my favorite stories in that of the “Keeper of the King’s Forrest” and Constable of Lincoln in 1217 ― a certain Nicholaa, who Austin Hernon has brought wonderfully to life in his well-researched novel The Women Who Saved England. She defended the castle of Lincoln against forces attempting to put the King of France on England’s throne during the minority of Henry III. She withstood multiple assaults, commanding the men of the garrison in person. But there are literally countless cases of women holding and defending castles against siege and storm.Above just one of the medieval queens who commanded armies: the Empress Mathilda, 12th century.Last but not least, no description of political power in the Middle Ages would be complete without noting that the emergence of nuns and convents in the 5th century AD opened completely new opportunities for women. Convents were centers of learning, music, and illumination. The Order of the Hospital also offered women careers in social work and medical care ― not to mention an opportunity to travel to the Holy Land. Critical to understanding these institutions is to note that they were self-governing, so that women were not subject to any men inside the community, and ― often completely overlooked ― in many double foundations (monastery and convent side-by-side) the Abbess ruled over the men as well as the women. What this means is that monks entering the monastery took their vows to the abbess ― not the abbot. Finally, although such power is indirect, many abbesses enjoyed great influence outside the walls of the convent. As women of recognized learning and wisdom, some of the greater abbesses such as Agnes of Poitiers, Mathilda of Fontevrault, or Hildegard von Bingen, corresponded with popes, emperors and kings.Moving from the aristocracy to the middle class, the high status of women in the medieval period as opposed to the so-called “Renaissance” remains striking. This is because nothing gives women more power and status than wealth. In societies where women cannot own property (e.g. ancient Athens) they are not only powerless to take their fate into their own hands in an emergency, they are also generally viewed by men as worthless. Where women can possess, pass-on, and control wealth, they enjoy independence, respect and are viewed (and coveted) not only as sexual objects but as contributors to a man’s status and fortune (e.g. ancient Sparta). In Medieval Europe it was not just noblewomen who could inherit, own and bequeath property, but the peasant woman as well.Significantly, it was not only heiresses that enjoyed property and the benefits thereof. On the contrary, every married women received a “dower.”A dower is not to be confused with the dowry. A dowry was not an inheritance. It was property that a maiden took with her into her marriage. The key thing to remember about dowries, however, is that they were not the property of the bride. They passed from her guardian to her husband.Dowers, on the other hand, were women’s property. In the early Middle Ages, dowers were inalienable land bestowed on a wife at the time of her marriage. A woman owned and controlled her dower property, and she retained complete control of this property both before and after her husband’s death. In England, it was normal to view one-third of a man’s property his widow’s dower. In the Kingdom of Jerusalem, the dower portion was even higher: 50% of the deceased’s property.Whatever the source of a woman's wealth, in Medieval France, England and Outremer, women did not need their husband’s permission or consent to dispose over their own property. There are thousands of medieval deeds that make this point.Middle-class women could inherit whole businesses, and as widows they ran these businesses, representing them in the respective guilds. Indeed, most wives were active in their husband's business while he was still alive. Manuscript illustrations show, for example, a women bankers (collecting loans, while the husband gives them out), and "alewives." There are even illustrations of women in helmets bringing refreshment to archers engaged in a battle!More important, however, women could learn and engage in trades and business on their own. They could do this as widows, as single, unmarried women (femme sole), or as married women, running a separate business from that of their husbands. The skills acquired, even more than property, fostered economic independence and empowerment because property can be lost — in a fire, an invasion, from imprudence and debt — but skills are mobile and enduring, as long as one remains healthy enough to pursue one’s profession. Furthermore, once qualified in a trade, women took part in the administration of their respective profession, both as guild-members and on industrial tribunals that investigated allegations of fraud, malpractice and the like. In short, there was no discrimination against qualified women engaged in a specific trade.Women in the Middle Ages could learn a variety of trades. Some trades were dominated by women, for example, in England brewing, in France baking, and almost everywhere silk-making. However, women were also very frequently shopkeepers, selling everything from fruit and vegetables (not very lucrative) to spices and books (very up market!) In addition, women could be, among other things, confectioners, candle-makers, cobblers, and buckle-makers. Women could also be musicians, copiers, illuminators, and painters. More surprising to modern readers, medieval records (usually tax rolls) also list women coppersmiths, goldsmiths, locksmiths, and armorers. A survey of registered trades in Frankfurt for the period from 1320 to 1500 shows that of a total 154 trades, 35 were reserved for women, but the remainder were practiced by both men and women, although men dominated in 81 of these.Notably, in the early Middle Ages women could be medical practitioners. All midwives were women, of course, and sisters of the Hospital provided most of the care for women patients, but women could also be barbers (who performed many medical procedures such as blood-letting), apothecaries, surgeons, and physicians. A female doctor, for example, accompanied King Louis IX on crusade in the mid-13th century. Women learned these trades in the traditional way, by apprenticing with someone already practicing the profession, who was willing to take them on. It wasn't until the 14th century that universities imposed the exclusive right to certify physicians -- while excluding women from universities. Indeed, Pernoud argues that the growth and expansion of universities was one of the main factors leading to a deterioration of women’s position in society.Along with the fascination with all things “Roman,” came the increasing centralization of government and the rise of absolutism, which undermined the power of all vassals (including women) and replaced inherited power with “professional” bureaucrats — the latter, however, being exclusively male. In other words, “who” one was (e.g. a Capet, a Plantagenet, an Ibelin) became less important than “what” one was (a man, a civil servant, a university graduate.)Likewise, the “enlightenment” replaced the unwavering Christian concept in the equality of all souls in the eyes of God with the concept of “intellect” — and pseudo-scientific studies “proving” that females had smaller brains and hence were “incapable” of intellectual activity equal to man’s.For more on women in the Middle Ages see my entries on:Women in the Middle Ages 3: Women and EducationWomen in the Middle Ages 4: Women and LoveAnd for a biography of just one powerful (and forgotten) medieval woman see:Queen Melisende I: The Formidable Wife of FulkQueen Melisende: Redoubtable Mother of Baldwin III

CHAPTER 2: LITERATURE REVIEW …“Police Ethics encompass a broad range of behavior from interpersonal relations to outright criminal activity” (Hyams, 1990, pp. 40-41). As such, it is intertwined in the definition of corruption. This section will attempt to focus on philosophical aspects, while following sections discuss the specifics and ramifications of unethical acts.Kleinig (1990) stated, "Police ethics is characterized by a particular focus rather than a particular set of values" (p. 3). In other words, the situational context within law enforcement may differ, but the underlying philosophy, or decision-making process, cannot vary from the culture represented. He further cites John Stewart Mill's description of an ethical decision maker as using his senses and mental abilities to first collect the information necessary, then to make the decision, and further to stay the course once the decision is made.Spader (1994) paraphrased Plato: "All major legal issues are simultaneously ethical issues" (p. 100), and "justice" is "the act of giving each person his 'due'" (p. 83). Spader also stated, "[W]hether the ends justify the means is central to due process" (p. 83). This leads to the so-called “dirty hands” dilemma.That is, on some occasions a public official may find that the only way he can do his job successfully, meet his official obligations, is to do something that, from the perspective of private life, would be morally unacceptable. (French, 1983/1992, pp. 243-244)French (1983/1992) differentiates public obligations from private obligations by identifying the primary objective. Public obligations emphasize “the accomplishment of certain recognized ends, whereas ... private-sector obligations concern the way things are done and what particular things are done, and less with outcomes” (p. 251).Kleinig (1996) pointed out that this dilemma was discussed early on, from ancient Greek tragedies to The Prince, and includes Sartre more recently. Plato wrote, “[W]e must discover who are best guardians ..., that they must do whatever they think at any time best for the city” (1935/1992, p. 93). Modern advocates of this point of view still believe thatanyone who would act up to a perfect standard of goodness in everything, must be ruined among so many who are not good. It is essential, therefore, for a Prince who desires to maintain his position, to have learned how to be other than good, and to use or not use his goodness as necessity requires. (Machiavelli, 1910, p. 53)A social and ethical phenomenon described by Pollock (1994) is the glorification of "strong" criminals vs. ridicule of "weak" moralists (e.g., public acclaim for Bonnie and Clyde), the antithesis of morality. Popular culture seems to project a similar justification for police who exceed their authority in pursuit of justice, as portrayed by the “Dirty Harry” character and many of a similar nature.A scenario from a Dirty Harry screenplay has Harry forcibly extracting the location of a kidnap victim from the perpetrator by shooting him in the leg, only to have the case dropped when his tactics are exposed in court (Delattre, 1994; Kleinig, 1996). Barker (1996) highlighted this mixed message when he wrote that “’Dirty Harry’ may be a character we applaud on the screen, but” (p. 51) “[w]e, as a free society, will not tolerate a law enforcement agency staffed by Dirty Harry’s, who use illegal and unethical means to accomplish what they perceive as legitimate ends” (p. 12).Delattre (1994) indicated that “[e]nds do justify the means up to a point, and in certain ways, depending on what you mean, but not simply or unqualifiedly” (p. 193). Every person is significant and worthy, “even if that person appears without merit” (p. 193). Once prohibitions against cruel treatment are broached without recourse, even in the area of rights for innocent victims versus perpetrators, the implications are poor for all civil liberties.However, Delattre (1994) also added “that illegal conduct in a specific case may or may not be excusable—and I believe that it could be—depending on the particulars, and even the minute details, of the case” (p. 212-213).In The Ethics of Policing, Kleinig (1996), a recognized police ethics scholar, discussed the dirty hands concept at length. Two primary issues were raised by this concept. First, was the consideration that two alternative courses of action are in fact wrong. He argued that it would not be morally wrong to adhere to the law and therefore not seek a desirable outcome. And, secondly, if it is true that both actions are wrong, what should be done about the person who made a decision under those circumstances?Kleinig (1996) wrote that Machiavelli advocated resignation or punishment for officials caught in such a situation. Kleinig stated that he has sought not to accept the premise of the necessity to commit a crime to thwart a crime, while acknowledging that it is accepted by others. But he still raised the issue of the public being placed in the position of punishing a person who performed a service that could be identified with the preservation of social order, thereby raising the dirty hands question for those who would inflict the punishment.Skolnick and Leo (1992) pointed out that "the acceptability of deception seems to vary inversely with the level of the criminal process" (p. 3). It is legally acceptable to lie during the course of an investigation. Undercover investigations and "sting" operations are almost routine. Courts have upheld the authority of police to lie during interrogations under most circumstances. However, deception is supposed to stop when testimony is called for.Whether it does or not is questionable, for example, when investigations encompass the use of what is sometimes referred to as a "wall" between a confidential covert investigation and the parallel construction of a prosecutable case that has been creatively disengaged from the original source of information.In further exemplification, a confidential informant in a position to be of long-term use reports that he/she will be receiving money identifiable as narcotics proceeds. The investigation for record purposes, and future testimony, begins once the delivery has been made, without further reference to that event.Investigation from that point will focus on the person that made the delivery and subsequent activities and contacts, totally excluding the informant’s participation. The tainted money will be passed on within the criminal organization. This deception will help to ensure the safety of the informant and facilitate the detection of future crimes. However, it will also allow criminals to profit, even if only in the interest of potential neutralization of the organization in the future.In 1992, Skolnick and Leo warned that authorized deception "tends to encourage further deceit, undermining the general norm" (p. 10). Kleinig (1996) identified four negative aspects and consequences of lying: (a) it violates expectations of truthfulness in interpersonal relations; (b) it subverts the natural purpose of language; (c) it negates the concept of humans as worthy of dignity and respect by denying them an accurate reflection of reality; and, (d) it does not meet ethical requirements of universalizability.Universalizability has to do with the “fundamental requirement of morality, as the activity of a rational being, that we act only on maxims that we could, without ‘contradiction,’ will to be universal laws” (Kleinig, 1996, p. 125). It would be impossible to rely on untruth as a universal law. In consequence, “Not only does the liar violate another’s being, but also his own” (p. 126). …Fishman (1994) presented an analysis of two celebrated cases of police corruption involving Robert "Prince of the City" Leuci and Frank Serpico, which differed from the interpretation of the acts of these men by Pollock (1994). Pollock equates the two and failed to note, as Fishman did, that Leuci was a pragmatist. He was caught "red handed" and acted in his own self interest when he cooperated with a corruption investigation (Fishman, 1994).Serpico was apparently honest in his personal acts but prudently silent about the corruption swirling around him until it reached a level he found to be overly destructive. He had at first known that it was unlikely that he could change the system, so he worked within it, thereby remaining employed.When a parolee convicted of killing a police officer was released on a subsequent charge due to graft, he was overcome by what can be characterized as a violation of natural law and became the first New York City officer to testify against his own on corruption charges. "In short, Serpico practiced prudential realism because his fight against lawlessness was based on moral ideals, but he did not ignore material circumstances" (Fishman, 1994, p. 201). …Chief G. S. Kniffen (1996) cited a lack of ethics as a cause for numerous problems in law enforcement within recent years, from Rodney King, to O. J. Simpson, to the federal shoot-out in Idaho. Kniffen laid these problems at the feet of leadership, and more specifically a lack of ethical leadership. He quoted the International Association of Chiefs of Police (IACP) Law Enforcement Code of Ethics from 1957, and decried a lack of compliance. He also cast aspersions on suggestions that it be "updated to reflect the changes in this postindustrial age" (p. 9). However, there has been a change. In 1992, the IACP added a line to the code addressing cooperation in internal investigations (Pollock, 1994)(see Appendix C).Barker’s (1996) Police Ethics: Crisis in Law Enforcement examined the four questions:(1) Is law enforcement a profession? (2) Can law enforcement officers be professional? (3) What forms of behavior are the major law enforcement ethical violations? and (4) Can we control police ethical violations? (Barker, 1996, p. v)Barker (1996) addressed each of these questions as they relate to and are exemplified by the IACP’s Law Enforcement Code of Ethics. He concluded that law enforcement falls short of professional standards on several counts. It is deficient on admission standards based upon educational achievement, and also with regard to standardized certification and decertification.Both Delattre (1994) and Kleinig (1996) agree with this assessment. Failure to reach professional status has at least in part been attributed to internal organized bargaining pressures. Representatives of organized bargaining entities have displayed interest in preserving the status quo in the interest of their membership, who may be negatively affected by increased requirements (Barker, 1996).Inasmuch as the term “professional” refers to behavior, Barker (1996) is convinced that officers can be professional. Common forms of corruption (addressed in following sections of this chapter) can be controlled, according to Barker, through reducing opportunity, eliminating peer support for unethical behavior, and increasing the likelihood of punishment for such behavior.Delattre (1994) stated that codes of ethics may be useful, but they “do not motivate people to behave well. They assist only people who want to do so” (p. 33). If an organization’s leaders do not take seriously failure to live up to the codes, they “will be treated as worthless platitudes” (p. 33). Sherman (1991) stated that "[s]uch codes provide useful frameworks ... but are usually too general to provide guidance" within the "complex circumstances" of law enforcement (p. 10).According to Pollock-Byrne (1989), calls for codes of ethics may be missing the point, and the codes themselves may be counter-productive. "Since they are so far removed from reality, they are worse than ignored since they in fact encourage officers to believe there are no relevant ethical guides to behavior" (p. 96).Felkenes (1984) conducted a study in several police agencies to determine how officers view professional ethics outlined in the Law Enforcement Code of Ethics and the Canons of Police Ethics. The results indicated that a majority of the respondents clearly understood the requirements for honesty and self-restraint under provocation, although more than 20% were unclear about “obligations to colleagues, the profession of law enforcement, other officials, and criminal subjects” (p. 215).About 60% of the respondents were neutral, unclear, or very unclear about “[o]bligations in relation to confidentiality, enforcement of the law without fear, and engaging in appropriate private conduct” (Felkenes, 1984, p. 215). Thirty-eight percent responded “that it was not wrong to accept small gifts from the public” (p. 215), in spite of explicit identification of this behavior as unethical in the Code.Twenty-nine percent agreed that “[l]aw enforcement’s professional ethics serve primarily as a pledge rather than as a guide to action” (Felkenes, 1984, p. 215). And 97% of the respondents indicated that they rely on personal ethical beliefs in professional matters.Another attempt at developing ethical law enforcement personnel, with similar inherent problems, involves specific written organizational policy. Murphy and Caplan (1989) state that policy manuals normally contain "provisions so unrealistic that no officer, however dedicated, can obey all of them all the time" (p. 317). They cite the all-pervasive specter of punishment induced by policy manuals as a cause for people to conceal unintentional and minor violations, which in turn creates the environment that could stimulate corruption. Pollock-Byrne (1989) stated that studies suggested "extensive rules seem to be present in inverse proportion to high ethical standards" (p. 96). …Another reason Kleinig (1990) believes that collegiate ethics training is necessary is the partisanship of academies brought on by "social isolation" and organizational identity (p. 7). Kleinig further stated that the fact that law enforcement recruits do not come morally prepared for the decisions they must make and argued for inclusion of ethics in basic training.In 1997, the IACP conducted the “most extensive ethics training survey ever conducted by law enforcement” (International Association of Chiefs of Police, 1998, p. 2), with over 900 responses. Over 80% of the responding agencies reported providing ethics training for new officers, and over 70% provided some type of in-service ethics training. For more than 70% of these agencies, ethics training consisted of 4 hours or less in the classroom. Just over 50% of these agencies sought outside assistance in course design.“One major finding was that the amount of time devoted to ethics training did not appear to be consistent with how important the needs were, based on the responses” (International Association of Chiefs of Police, 1998, p. 5). One of the survey questions requested participants to “provide us with any ‘working definition of ethics’ your organization uses” (p. 8). “[O]nly a handful [of respondents] provided any ‘working definition’” (p. 8).Recommendations of the IACP Committee on Police Image and Ethics arising from this study (International Association of Chiefs of Police, 1998) included (a) adoption of a law enforcement oath; (b) job specific ethics training; (c) an enhanced curriculum and training style; and (d) insistence on recruit ethics training that incorporates ethics training by field training officers.As suggested at the beginning of this section, any discussion of ethics is simultaneously a discussion of corruption.Corruption DefinedThe definition of corruption may be limited by some to receipt of financial or other considerations in exchange for overlooking crime in some manner. Corruption can include "those activities regarded by society as illegitimate or seen by the power elite as contradictory to the logic of the system" (Jacek Tarkowski cited in Johnston, 1992, p. 160). Police corruption is an occupational crime within the institutions responsible for control of crime, and a form of "elite" deviance (Henderson & Simon, 1994).Punch (1985) provided a four-element definition of police corruption. With an added a fifth element, this definition guided the present study.I Straitforward Corruption: something is done or not done for some form of reward....II Predatory (Strategic) Corruption: the police stimulate crime, extort money and actively organize graft ...III Combative (Strategic) Corruption: 'flaking', 'padding', falsifying testimony, 'verbals', intimidating witnesses, buying and selling drugs, 'scoring' or 'burning' informants, and paying informants with illegally obtained drugs. ('Flaking' refers to 'planting' evidence on a suspect; 'padding' means to add to drugs or evidence to strengthen a case; 'verbals' is used in Britain to indicate where words attributed to a suspect are invented by a policeman to help incriminate him; 'scoring' concerns shakedowns where police take money, drugs or goods from suspects or prisoners, and 'burning' means revealing the identity of an informant). Most of these practices are involved in 'building a case' ... in which the major goal is to make arrests, obtain convictions, confiscate drugs, and get long sentences for criminals. It may involve accommodations with some criminals and certain informants but it is posited on using illicit means for organizationally and socially approved ends....IV Corruption as Perversion of Justice: lying under oath, intimidating witnesses, planting evidence on a suspect, etc.... It involves the perversion of justice largely in order to avoid the consequences of serious deviant behavior. (Punch, 1985, pp. 13-14)The fifth element is any abuse of power or authority—such as excessive force, theft while on duty, or other acts under color of law. The Knapp Commission (1974) (or the Commission to Investigate Allegations of Police Corruption and the City's Anti-Corruption Procedures, instituted in 1971) added other offenses to the list of corrupt practices, such as illegal wiretaps, financing of drug transactions, soliciting customers for drug traffickers, kidnapping witnesses, providing security for drug dealers, and offering to assist in murder of witnesses.The fifth element was added as a personal evaluation and in consideration of a dictionary definition of corruption that includes the following: "1. a changing or being changed for the worse; making, becoming, or being corrupt. 2. evil or wicked behavior; depravity" (Guralnik & Friend, 1968, p. 332). This definition is consistent with a statement by Jacek Tarkowski (cited in Johnston, 1992): "Also 'corrupt' are those activities regarded by society as illegitimate or seen by the power elite as contradictory to the logic of the system" (p. 160).The Mollen Commission (The Commission to Investigate Allegations of Police Corruption and the Anti-Corruption Procedures of the New York City Police Department), formed in 1992, seems to support this expanded definition of corruption by stating that "twenty years ago police officers took bribes to accommodate criminals ... today's corrupt cop often is the criminal" (Commission to Investigate Allegations, 1993/1995, p. 31).This is also consistent with the assumption of the researcher that acts of criminal justice personnel leading to their own incarceration are an aberration from the state of their moral and ethical behavior at the commencement of their criminal justice career, in other words, a change for the worse.The Mollen Commission described brutality and corruption as being on a continuum, “with brutality against citizens serving as a sort of ‘rite of passage’ toward corruption” (cited in Human Rights Watch, 1998, p. 46). Commission interviews indicated that brutality was often the first deviant act, and when officers were not subjected to negative consequences as a result of this deviance, it became easier for them to progress to other abuses of authority.This seems consistent with self-reports of criminal involvement in a sample of the general population that “suggest a clear escalation in the seriousness of criminal behavior over time” (Elliott, 1994, p. 12). “[T]he behavioral repertoire was [found to be] accompanied by an increase in offending rates for all types of offenses” (p. 13).Public definitions of police brutality can include perceptions of verbal abuse, unnecessary stops for questioning, display of weapons, or physical contact short of levels that could cause physical harm (Klockars, 1996). Current legal definitions hinge upon the finding in Graham v. Connor [490 U.S. 386 (1989)].In accordance with the Fourth Amendment to the United States Constitution, “’[O]bjective reasonableness’ of a police officer’s use of force would be ‘judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight’” (cited in Klockars, 1996, p. 6). A single punch, or anything short of that, is not generally considered excessive.Worden (1996) differentiated between “excessive force” and “unnecessary force,” the former being more than reasonable force, and the later being where no force is reasonable. James Fyfe (1996) also subdivided excessive force.Extralegal violence—brutality—is “the willful and wrongful use of force by officers who knowingly exceed the bounds of their office.” Unnecessary force, by contrast, is the result of ineptitude or carelessness and “occurs when well-meaning officers prove incapable of dealing with the situations they encounter without needless or too hasty resort to force.” (Fyfe, 1996, p. 165)The IACP defines "excessive use of force" as "the application of an amount and/or frequency of force greater than what is required to compel compliance from a willing or unwilling subject" (Neubauer, 1999, p. 6). …Criminological TheoryIn the late 19th century, Emile Durkheim (1858-1917) (cited in Cohen & Machalek, 1994/1997) proposed “that crime is ‘normal’ behavior performed by normal individuals living in unexceptional social systems” (p. 113). Durkheim’s theory, in summary, consists of the contention that, since crime is known in all societies, it is therefore a fundamental element of societies.He [Durkheim] reasoned that a certain level of crime is both necessary and beneficial to society because (1) individual deviation from the social norm is a primary source of innovative social change; (2) increases in crime rates can warn or alert officials to damaging problems existing within social systems that give rise to such crimes; (3) crime enforcement helps to establish and to maintain behavioral boundaries within communities; and finally, (4) crime provokes punishment that in turn enhances solidarity within communities. (Cohen & Machalek, 1994/1997, p. 113)Gottfredson and Hirschi (1990) were dismissive of the assertion that crime is “normal learned behavior” (p. xv). Cohen and Machalek (1994/1997) theorized that evolutionary and ecological explanations should be incorporated within Durkheim’s theory in order to make it viable. Ecology was incorporated in the form of availability of resources. …Criminological theories on crime causation supported by research include opportunity theories and rational choice theories. Opportunity theories generally state that three elements must coexist: (a) motivation, (b) an appropriate target, and (c) lack of deterrence. Rational choice theories assume a relatively constant level of criminal activity, with crime rates fluctuating due to increased or decreased opportunity (Cohen & Machalek, 1994/1997).Intrinsic to the perceptions of risks and rewards involved in rational choice theory is the thought that if one was a police officer, a lessened fear of the police might be assumed. In addition, the common presence of the code of silence, loyalty to other officers, and cynicism could be inferred to reinforce the perception of lessened risk.Conflict theory looks at crime as a "label produced by social values and political power" (Maxfield & Babbie, 1998, p. 40). Marxism is a macro level form of conflict theory. Conflict theory holds that prosecution is most likely when the violator lacks power and the public is aroused due to the nature of the violation (Henderson & Simon, 1994).Strain theory shares a similar outlook, in that it asserts that we are socialized to seek rewards (in effect positing of goals), and when the rewards are blocked strain is created that can be relieved by law breaking (Henderson & Simon, 1994). Burton et al. (1994/1997) conducted an empirical assessment of strain theory on three levels: strain created by the difference between aspirations and expectations, blocked opportunity, and relative deprivation.Burton et al. (1994/1997) found that only blocked opportunity and relative deprivation have a significant effect on adult deviance, with relative deprivation having the greatest correlation. However, they also measured self-control as a variable and found that it had a greater effect than any other variable. …Self-Control TheorySelf-control, an ability to control one’s emotions, desires, and actions (Guralnik & Friend, 1968), is considered an enduring individual difference, a personality trait that remains relatively consistent throughout life (Gottfredson & Hirschi, 1990). Nagin and Paternoster (1993/1997) identify six elements of self-control: impulsiveness, desire for simple tasks, preference for risk, preference for physical activity, self-centeredness (selfism), and temper. Those “who lack self-control will tend to be impulsive, insensitive, physical (as opposed to mental), risk-taking, short-sighted, and nonverbal” (Gottfredson & Hirschi, 1990, p. 90).In 1990, Gottfredson and Hirschi published A General Theory of Crime, in which they suggested that crime results from the sum of opportunity and low self-control, and stated that “people ... differ in the extent to which they are vulnerable to the temptations of the moment” (p. 87). The theory assumed that parental monitoring of childhood behavior, recognizing deviance, and consistently and appropriately punishing such deviance within a child’s first 8 years establishes self-control that leads to socially appropriate responses throughout life. Failure in this area leads to low self-control.Gottfredson and Hirschi (1990) intended for their theory “to explain all crime, at all times, and, for that matter, many forms of behavior that are not sanctioned by the state” (p. 117), to include juvenile delinquency, sex-based differences, cross-culture comparisons, street crime, and occupational crime. A later publication elaborates upon the above statement:Our theory does not claim that self-control (or self-control and opportunity) is the only cause of crime. On the contrary, we explicitly mention important causes of crime that self-control cannot explain (e.g., age). To invoke an analogy we have used before ... : Trees and tides have gravity in common but more than gravity is required to account for their peculiar features. To admit this in no way limits the generality of the theory of gravity. (Hirschi & Gottfredson, 1993, p. 50) …Gottfredson and Hirschi’s (1990) theory posited that opportunity and self-control standing alone have little meaning, and that "[f]raud and force occur primarily when individuals with low self-control encounter opportunities to engage in fraud or force," according to Grasmick, Tittle, Bursik, and Arneklev (1993/1997, p. 180). Grasmick et al. cited and concurred with Gottfredson and Hirschi’s claim that "low self-control is a personality trait established early in life, which remains relatively stable over the life course" (p. 188), which was also accepted by and Nagin and Paternoster (1993/1997). …Gottfredson and Hirschi have credited individual motivation with too much influence, according to Henderson and Simon (1994). Henderson and Simon also took exception to the contention fostered by Gottfredson and Hirschi that white-collar criminals (to include corrupt police) share the same primary causative factor (i.e., self-interest) as other criminals. One particular factor noted is that recognizing that they hold jobs makes them less likely to commit crimes, which seems somewhat spurious in light of the known existence of criminal justice corruption.Hirschi and Gottfredson (1993) addressed this area of criticism, as exemplified by Henderson and Simon above.In the context of discussion of white collar crime, we have argued that position in the occupational structure is in part caused by self-control. Thus white-collar workers should on the whole have higher levels of self-control than those outside the labor force. White-collar offenders should therefore have higher levels of self-control on the average than offenders among the unemployed. It seems obvious to us that their criminal records should therefore show fewer offenses and “offense types,” a result that white-collar researchers … take to be actually contrary to our theory! Our theory is also said to be called into question by the finding that white-collar offenders start “later … in life than common offenders”.... In fact, a decade ago we pointed out that the connection between frequency and age of onset is a statistical necessity. (Hirschi & Gottfredson, 1993, pp. 53-54) …Corruption TheoryCorruption has been conceptualized as having been based upon either affinity or affiliation. Affinity represents the predisposition of individuals to commit crime that exists prior to their being hired as police officers. Affiliation refers to the subjecting "of the honest police recruit ... [to] a dishonest police subculture" (Sherman, 1974, p. 192).A more common label for affinity has been the “rotten apple” theory, wherein the rotten apple taints the barrel of apples. Conversely, the affiliation theory is commonly referred to as the “rotten barrel” theory. The barrel is responsible for making the apples rot.The affinity/affiliation question points out the different levels of inquiry and theorization. Macro level examination focuses upon entire societies. Middle level, or intermediate, inquiry focuses upon organizations, and micro level involves individuals (Sherman, 1974). One example of macro-level impact is described as follows:Richardson put the police graft system in its proper perspective: the political and ethnic conflicts of a fast-growing pluralist society. On the ethnic level New York was a classic case of culture conflict, where the puritan morality of the original settlers was intolerable to the new immigrants. Laws prohibiting liquor sales, gambling, and prostitution were focal points for this conflict.Seen from the functionalist perspective, corruption was a means of easing the conflict and satisfying both sides. Politicians won the support of Yankee groups with rhetoric against vice, while maintaining immigrant support by giving the police a free hand to permit vice—in exchange for a price. But the police hand was so free that graft grew to be intolerable, although the Lexow commission [of 1894] was the first indication ... of how large it really was. After Lexow, police graft became more sophisticated and centralized, surviving investigations right up to the present. (Sherman, 1974a, p. 45)In 2000, Klockars, Ivkovich, Harver, and Hagerfeld published research based upon an organizational theory of police corruption “which emphasizes the importance of organizational and occupational culture” (p. 1). They presented officers from 30 different departments with 11 hypothetical situations and asked them to rate the levels of seriousness, whether they would report these incidents, and their support for punishment for each situation. In the more serious scenarios (e.g., stealing from a crime scene, bribery, or excessive force), most officers indicated that they would report violations by a fellow officer. However, “substantial differences in the environment of integrity” (p. 2) were observed among the different departments.In comparing one high-scoring department (all scenarios were considered to be more serious violations relative to other agencies) to one low scoring department, it was found that the high-scoring department’s officers expected more severe discipline and would be much more likely to report violations by fellow officers. These characteristics of a department’s officers are said to provide a description of a department’s “culture that encourage its employees to resist or tolerate certain types of misconduct” (Klockars et al., 2000, p. 7).In 1997, a survey was administered to criminal justice students at Florida State University oriented toward determining values and expectations (Brand, 1999). Thirty-one percent said that they would not leave a party where marijuana was in use, 28% believed that a person with a felony arrest record should not be excluded from being hired as an officer, and about 18% believed that it may be acceptable for an officer to lie. Police will undoubtedly reflect the culture that surrounds them, as suggested by the writings of C. Wright Mills (cited in Henderson & Simon, 1994).Causes of corruption can best be described as being the result of an intricate matrix of potential actions and interactions impacted by numerous inputs (societal, organizational, biosociological, and psychological). Both middle-level and micro level aspects of corruption will be examined for cause-and-effect clues in the following review, in recognition of their apparent interrelatedness. In particular, the elements of conflict, control, differential association, interactional, neutralization, opportunity, rational choice, strain, symbolic interaction theories, and stress will be examined with sufficient depth that the criminality causation elements they propose can be inferred to exist for the purpose of this study.Ideology figures into criminological theory and corruption theory, from Marxism on the left to Lombrosians on the right, particularly when politicians attempt to establish policy (Henderson & Simon, 1994). Karl Marx (1818-1883) was a classical conflict theorist who deplored exploitation of the masses by a limited number of power-wielding elites. Classical criminological theory began with Cesare Lombroso (1835-1909), an Italian physician apparently influenced by Darwinism, who theorized that criminals were evolutional throwbacks, and who believed in biological determinism (Gottfredson & Hirschi, 1990).Henderson and Simon (1994) stated that conservatives generally embrace anomie and liberals generally embrace affiliation causation. A dichotomy generally equivalent to the affinity/affiliation theory described above.Henderson and Simon (1994) characterized the Christopher Commission as "liberal" based upon the suggested improvements in minority concerns. Conservative and liberal perspectives both lack sociological perspective, according to Henderson and Simon. Also lacking is an attempt to show the interconnection among macro, intermediate, and micro levels.Theories of occupational crime may have some relevance, but police corruption is a unique subcategory—crime within the institutions responsible for control of crime—and a form of "elite" deviance. Henderson and Simon (1994) proposed a synthesis of theoretical perspectives to account for this subcategory based for the most part upon the theory of C. Wright Mills (1917-1962).Mills stressed social structure (macro level composition, interrelationships, significance of the parts, etc.), historical epoch (cultural ascendancy or decline, what is considered historically significant, characteristics of change, etc.), and biography (roles of the individual, impacts of family, culture, and institutions, etc.).One important attribute of Mill's model is that institutions actually select and shape social character. This is because success in institutional settings ... requires that people, as role players, accept (internalize) the “expectations of institutional leaders” (elites). (Henderson & Simon, 1994, p. 34)Alienation was an important concept to Mills for understanding the structure of behavior; and it can occur at macro, intermediate, and micro levels (Henderson & Simon, 1994). Two types of alienation were identified: inauthenticity and dehumanization. Inauthenticity exists when outward or acknowledged appearances are stated in a positive manner, while the known situation is negative. A macro example would be the coupling of sexual images in advertising with alcohol or cigarettes.In a police department, alienation could be characterized by the Mollen Commission finding that anticorruption efforts were focused more on preventing disclosure than identifying and eliminating corruption (Commission to Investigate Allegations, 1993/1995). The consequence of this form of alienation is dehumanization (Henderson & Simon, 1994).Victor Bernard (cited in Henderson & Simon, 1994) argues that dehumanization is the result of a disconnection of mental concepts from one another and "unconscious denial, repression, depersonalization, isolation of effect, and compartmentalization" (p. 36). Dehumanization is a defense mechanism to internal and external stressors achieved through blinding oneself to the humanity of another.There are two types of dehumanization. The first is self-directed, wherein one mutes emotion and becomes robot-like. This can be a response to anxiety caused by being a powerless part of a bureaucracy. The second is object-directed, wherein one lessens the humanness of another through negative labeling and stereotyping, a self-protection against feelings of guilt and shame. "These two types of dehumanization are mutually reinforcing; reducing one's feelings for other people lessens one's feelings for the self, and lessening the humanness of one's self-image limits one's capacity to relate to others" (Henderson & Simon, 1994, p. 36).Consistent with alienation theorization is neutralization theory (Henderson & Simon, 1994). Guilt feelings that tend to prevent crime can be minimized by rationalizations learned previous to crime commission. Deviant groups commonly construct guilt neutralizing terminology and strategies, such as shifting blame to the victim, dehumanizing the victim, professing loyalty to the group that sanctions or condones the crime (following orders), and condemning the condemners (soft on crime).Henderson and Simon (1994) criticized neutralization theory as deficient because of an intentional disregard for the effects of cultural and societal norms. They pointed out that cultural patterns of crime have been shown to exist.Drawing from Mills and control, differential association, and neutralization theories, Henderson and Simon (1994) made the following theoretical statements:1.Criminal behavior is widespread in American society, including within the criminal justice system. It is widespread because it is often learned, tolerated and/or encouraged within the organizational contexts that make up criminal justice agencies....2.Only a tiny percentage of such crimes are explained by extreme behaviors of abnormal personalities.... The behavior and the ideologies that justify and excuse them are part of an organization's cultural value system.3.Crime as caused by the inability of immature individuals to delay gratification is a widespread occurrence, so widespread that it is part of the American character....We are not saying that human nature is evil.... We are saying that people are born innocent and relatively "blank" concerning their criminal propensities, and that criminal behavior is a socially acquired attribute. (Henderson & Simon, 1994, pp. 34-35)Sherman (1974c) wrote that it is appropriate to begin corruption causes and effects theorization with a simple model. He chose to "treat police corruption simply as a dependent variable—as effect not cause" (p. 2). However, he pointed out the complexity of the issue by asking: "Why are there different kinds and extents of police corruption in different communities, and in the same communities at different points in their history?" (p. 3). Sherman proposed a sociological theory of police corruption containing the following propositions that are identified as independent variables, or more likely, interdependent or covariant:COMMUNITY STRUCTURE1. There will be less police corruption in a community with little anomie, in terms of corrupters and corruptees.2. There will be less police corruption in communities with a more public-regarding ethos.3. There will be less police corruption in a community with less culture conflict.ORGANIZATIONAL CHARACTERISTICS4. A punishment-centered police bureaucracy will have the least corruption, a representative pattern will have more, and a mock pattern will have the most. [In a representative pattern there is enforcement of and obedience to rules to which workers can contribute. A mock pattern exists when action is only taken due to bad publicity.]5. There will be less corruption in a police agency having leadership highly reputed for integrity.6. There will be less organized police corruption when there is less work group solidarity.7. The less gradual the probable steps in a corrupt policeman's moral career, the less the ultimate 'seriousness' (self-defined) of the grafting.8. The greater the policeman's perception of legitimate advancement opportunities, the less likelihood there will be of their accepting corruption opportunities.LEGAL OPPORTUNITIES9. A decrease in either the scope of morals laws or the demand for the services they proscribe, while holding the other constant, will reduce police corruption opportunities (also the converse).10. An increase in either the scope of the regulative law or the economic incentive to violate it, while holding the other constant, will increase corruption opportunities (also the converse).CORRUPTION CONTROLS11. There will be a greater perceived risk of apprehension for corruption in police agencies that have an internal investigation unit.12. There will be proportionately less undiscovered corruption in police agencies that have an internal investigation unit using proactive methods.13. Controls will decrease corruption only when they can avoid amplifying the corruption's extent or methods.14. Less corruption will go undiscovered in a police agency watched by a vigorous and uncensored news media. (Sherman, 1974c, pp. 31-32)A study conducted by Herbert W. Eber, presented in 1991 at the annual meeting of Multivariate Experimental Psychology, as reported by Lorr and Strack (1994), administered a Clinical Analysis Questionnaire to about 15,000 police officer candidates to determine personality characteristics. The most distinctive finding was that personality profiles “were characterized by a strong pattern of self-discipline or Control, Tough Poise, and low Anxiety” (p. 200).Hyams (1990) conducted a study in which he hypothesized that police officers having unethical attitudes would be found to have higher narcissism (or selfism), and have a perception of their policing role as being more oriented toward arrest than service. In this study involving police officers from one West Coast agency, this hypothesis was confirmed; in addition, he found that[t]hose who are officers out of the academy, with higher levels of narcissism, a role perception oriented more toward arrest and apprehension and higher levels of dedication were found to have less ethical attitudes. (Hyams, 1990, p. 89)In 1998, Chamberlin, using Hyams’ police ethical attitudes instrument, conducted an experiment wherein this instrument was administered to treatment and control groups (pretest), followed by an 8-hour in-service training session on ethics for the treatment group. Six to eight weeks later, the instrument was again administered (posttest).The treatment group was found to show no difference in ethical attitudes between the pretest and the posttest. However, the control group was found to have “significantly increased their scores in the ethics, selfism, and role scales,” an indication of a tendency to have a more positive view of unethical behavior (Chamberlin, 1998, p. 82). Chamberlin does make a cautionary statement that because of the necessity of an “extended training effort and repeated testing, the probability of threats to the internal validity of the study due to history [outside influences such as the known focus of the testing] and maturation [gaining in knowledge over time] were significant” (p. 54).Sherman (1974b) used symbolic interationist theory to explain the existence of police corruption. The corrupt cop appears to have a moral view that differs from the view held prior to becoming an officer, and differs from the morality of his family, thus showing divergence and conflict of views.The school stems from the early work of George Herbert Meade, who saw life as a “conversation of significant symbols,” a process in which one continually defines and redefines one's self as a result of interacting with others. In this school of thought, police bribe-taking is to be explained as an individual process of becoming for each policeman, not as a static or “pressured” result of larger community structure. (Sherman, 1974b, p. 172)Consistent with the findings of the Mollen Commission cited earlier, wherein it is stated that unchecked excessive force is a precursor to corruption, Sherman (1974) indicated that corruption of a police officer is gradual and is characterized by the stages of contingencies, moral experiences, and apologia.Contingencies are circumstances or problems which a person must face, often for purely accidental reasons. The moral experience is a reaction to contingencies, often involving decision of action, that alters the "framework of imagery" in which a person evaluates himself and others. The moral experience is a benchmark between the stages in a moral career, which usually culminate (for the deviant) in an apologia: a distorted image of one's life course that brings it into alignment with the basic values of his society. (Sherman, 1974, p. 194)"Mills argued that people often experience their everyday, private lives as 'a series of traps'" (Henderson & Simon, 1994, p. 35). By this, he meant that people are unaware of how their behavior is unavoidably shaped by their immediate environment. Empirical evidence indicates that as violence-prone officers engage in subsequent confrontations, those confrontations are of increasing intensity (Babcock, 1998).Taylor and Braswell (1978) stated, "All police officers violate departmental rules and regulations and sometimes criminal statutes; it is inherent in their discretionary powers" (p. 177). They quoted a former officer as saying, "It's like a spider web, you're drawn in toward the center" (p. 177), with the center being the point where you have engaged in enough corrupt behavior that you must look the other way when a fellow officer takes another step outside the boundaries.In a similar vein, M. David Ermann (cited in Henderson & Simon, 1994) believed “that white-collar deviance takes place incrementally by merging normal administrative behavior with wrongdoing" (p. 28). In addition, new employees go along with behavior they find present upon their arrival, particularly in organizations that are results oriented. "Organizational crime also frequently occurs in instances where corporate employees are socially and spatially mobile, where they do not consider themselves part of the community in which they live" (p. 29).Biosociology/DemographicsOne consistent finding of research is that males are responsible for substantially more crime than females, “and this conclusion does not depend on the method of measurement (official or self-report), or time period and it seems to hold wherever the matter has been studied by criminologists” (Gottfredson & Polakowski, 1995, p. 68).Both Walsh (1995) and Goldsmith (1991) reported that physiological differences between male and female brains result from differences attributed to hormones and hormone ratios. Increasing testosterone levels in either sex increases assaultive behavior and decreases nurturing behavior, while estradiol decreases assaultive behavior and increases nurturing behavior. Progesterone also increases nurturing behavior, indicating more than mere coincidence regarding the differences of these hormones in males and females (Walsh, 1995). …Analysis yields good evidence that higher levels of testosterone are associated with adult deviance largely because they predispose an individual toward weak social integration and toward juvenile delinquency, and those are factors that considerably increase the likelihood of adult deviance. (Booth & Osgood, 1993, p. 105)Primate studies have shown that “testosterone increases to meet demand” and decreases “when submissiveness is deemed the path of least resistance” (Walsh, 1995, p. 86). It could be inferred that those assuming the role of law enforcer, who must also adopt the trappings (i.e., gun, badge, power to arrest, etc.), will show increased testosterone production. It is also known that as males age the production of testosterone decreases and hormonal ratios favoring nurturant behavior increase. …Gottfredson and Polakowski (1995) related that “[t]he relationship between age and crime is one of the most significant and well established general correlates in the field of criminology” (p. 68). Late adolescence and early adulthood stages account for a "vastly disproportionate amount of crime" (p. 69).The Christopher Commission found that just over 2% of Los Angeles police officers accounted for a disproportionately large number of citizen complaints (Independent Commission, 1991/1995). Lersch and Mieczkowski (1996) conducted a study to test this phenomenon and to determine if there are characteristics shared between officers with higher numbers of complaints, in effect testing the rotten apple theory (affinity theory). They also examined characteristics of complainants and complaints to determine if patterns existed.Lersch and Mieczkowski (1996) reviewed 682 allegations against 274 officers. "A small group of 37 officers, or about 7 percent of the sworn personnel, accounted for over one-third of the total number of complaints filed over the three-year period of analysis" (p. 37). The repeat offenders were all male, and "significantly younger and less experienced than their peers," and they were "more likely to be accused of violent and non-violent harassment resulting from a proactive contact" (p. 37).Babcock (1998) examined "the relationship between individual police officer characteristics, situational factors and the incidence of violent police-citizen encounters" (p. iv). He studied 117 officers in a department numbering about 350. Babcock also found that younger and less experienced officers had a significantly larger number of use-of-force incidents. "The group data suggested that as the number of use-of-force incidents per officer increased, so did the level and severity of violence inflicted by the officer" (p. 246).The age related findings of Lersch and Mieczkowski (1996) and Babcock (1998) were consistent with the findings of Burton et al. (1994/1997), who also reported that age was significantly related to nonutilitarian crime (not providing economic reward).Girodo (1991) conducted a psychological assessment of 271 undercover drug agents, with the purpose of correlating deviant behavior with personality dimensions. Among other findings, he determined that drug and alcohol abuse and disciplinary problems increased as undercover experience increased, somewhat contrary to the age-related findings cited earlier in this paper.Disinhibition was the significant predictor of risk for corruption in nearly half the agents … Disinhibition, however, did not predict risk for corruption among the best ... [person-environment] fit notwithstanding their obtaining the highest ... [disinhibition] scores of all. Their risk for corruption, while not particularly high, was best accounted for inversely by scores on the trait of Disciplined Self-Image. Finally, the High Extraversion-High Neuroticism agents produced the largest risk for corruption index; their higher scores on Experience Seeking and Neuroticism, would appear to be a poor combination.... The personality traits associated with corruption risk were impulsivity, emotionality, and undisciplined self-image. When these were found together, as in the Extraverted-Neurotic, we also found an increased risk for drug/alcohol abuse and disciplinary problems. (Girodo, 1991, pp. 368-369)Psychological theory has been unable to shed much light on the actions of individual officers, according to Worden (1996). Attitudinal studies, including Worden’s work, have indicated only a weak correlation between use of force and outlooks on human nature and “moral attitudes toward coercive authority” (p. 26). Organizational and social factors were shown to have a greater impact upon behavior. However,A larger body of evidence has accumulated on the relationship of officer’s behavior to their background and characteristics—race, gender, length of police service, and especially education. Officer’s educational backgrounds have been the subject of a number of studies, and although this research has shown that education bears no more than a weak relationship to officer’s attitudes ... and no relationship to the use of deadly force ..., it also indicates that college-educated officers generate fewer citizen complaints.... [O]n most behavioral dimensions the differences [between men and women] are negligible.... [B]lack officers ... are more likely to use deadly force ..., but these differences can be attributed to ... duty assignments.... Finally, analyses of officer’s length of service indicate that less experienced officers ... patrol more aggressively, ... are more likely to make arrests, ... and use deadly force. (Worden, 1996, p. 27)In research by Robert Friedrich (cited in Worden, 1996), published in 1980, the explanations of the use of force were characterized as having three contributory aspects—individual, situational, and organizational—were subjected to analysis. Friedrich found marginal correlation only regarding situational aspects. Provocative acts of a low-class, intoxicated, felon were most likely to evoke the use of force. Officer characteristics were not found to be significant.The GAO noted that police officers “lacking in experience and some higher education were considered to be more susceptible to involvement in illicit drug-related activities" (United States General Accounting Office, 1998, p. 4). Brown and Campbell (1994) concluded that response to stress is related to “personality, and life experiences, as well as variables such as age, gender and family history” (p. 19).StressGary Hankins (cited in Sulc, 1995), an official with the Fraternal Order of Police, related that "[p]olice officers die younger, suffer more injuries and stress-related disabilities than the average American ... [and] have high rates of alcoholism, divorce and suicide" (pp. 80-81). Hankins contended that stress inherent to criminal justice positions exceeds that of most other occupational groups. Corruption has been identified as a reaction to stress (Winter, 1993).In 1973, Haney, Banks, and Zimbardo (1973/1981), psychologists at Stanford University, conducted an experiment wherein “normal” college students were randomly selected as either guards or prisoners for a prison simulation. The planned 2-week experiment was terminated after less than half that time due to unexpectedly high levels of stress, and even distress in some cases, on the part of prisoners.Interactions between guards and prisoners were typically hostile and negative, with guards displaying increasing levels of aggression and authoritarianism. Haney et al. (cited in Maxfield & Babbie, 1998) concluded that their "results are ... congruent with Milgram who most convincingly demonstrated the proposition that evil acts are not necessarily the deeds of evil men, but may be attributable to the operation of powerful social forces" (p. 191). "Moreover, since both prisoners and guards are locked into a dynamic, symbiotic relationship which is destructive to their human nature, guards are also society's prisoners" (Haney et al., 1973/1981, p. 68).The reference to Milgram above concerns an experiment wherein subjects were directed to administer what were in fact simulated electrical shocks to an experimenter's confederate. The device manipulated by the subject was marked to purportedly indicate severity of the shock up to “severe,” while no shock was actually administered.The level of shock the subject was willing to give upon command of the experimenter was the primary dependent variable. Unexpected findings included "the sheer strength of obedient tendencies manifested" and "the extraordinary tension and emotional strain" on the subjects when they complied with orders to inflict high shock levels (Milgram, 1963/1981, pp. 33-34).This reference to stress induced by inflicting punishment is significant to the researcher, and is a stressor not specifically listed as applicable to police in relevant literature. "As former Chief Justice Earl Warren has said, the policeman is more powerful than the President. Only the policeman has the power to deprive an American of his liberty" (Sherman, 1974c, p. vii).Shooting, even shooting at, someone in the line of duty can readily be identified as a traumatic event. Arresting a father and mother while restraining their grieving 4 year-old, particularly when the crime involved is mala prohibida versus mala in se (prohibited by law versus a crime such as murder that is bad in and of itself), can also be an enduringly stressful event, as the researcher can personally attest.This is stress of punishment infliction as opposed to stress from the potential of personal injury at the hands of an arrestee. It would seem easily verifiable that most arrests are for transgressions of the former (mala prohibida). For more than one reason, an arrest—even if one does not fear for one’s own safety—can be stressful.Moreover, “ever-present danger lies in taking an action that is judged improper” (Waddington, 1999, p. 14). A judgment made in haste will be reviewed at leisure though official channels, as well as by a society as a whole.Brown and Campbell (1994) reported that it is “well documented that high levels of stress among employees, whether induced at work or by personal problems, can reduce productivity” (p. 1). Selye (cited in Winter, 1993), a stress research pioneer, stated that law enforcement is "one of the most hazardous professions, even exceeding the formidable stresses and strains of air traffic control" (p. 253). However, Brown and Campbell relate that empirical support for this position is not consistent.Winter (1993) defined stress as "the awareness of potential threat, or in other words [in the context of police corruption], awareness of the potential for a comprehensive change in one's core structures," such as experienced by a newly hired police officer (p. 254). Brown and Campbell (1994) offered three definitions of stress. The first was a model wherein an external factor causes “some degree of physical or psychological discomfort” (pp. 14-15).The second was a process that relies upon Selye’s General Adaptation Syndrome. This included:·The initial alarm reaction. The “fight or flight” response [from exposure to a threat] ... which ... includes physiological changes preparing the body for “fight or flight.”·The stage of resistance. The period during which the person adapts to external stressors and symptoms of stress improve or disappear.·The stage of exhaustion. [I]f the stressor is sufficiently severe or prolonged ... symptoms reappear and the end result is death. (Brown & Campbell, 1994, p. 15) …“The accumulation of evidence ... does indicate that stress levels within the police do play a significant role in absenteeism and wastage through early retirement” (p. 10), and “some research has indeed shown that the police tend to exhibit higher rates of stress-related disease, higher suicide rates and higher divorce rates” (p. 13).United States and British police “listed poor and insensitive supervision, unreasonable workload, shift work, personal safety and volume of paperwork as the most significant sources of stress at work” (Brown & Campbell, 1994, p. 14). However, “police work” being somewhat non-specific, it must be noted that “[r]ank, role, gender, ethnicity and sexual orientation result in some distinctive patterns of stress experiences” (p. 167).For Winter (1993), police stress lies in problems encountered with administrative procedures and legal proceedings that lead torole ambiguity and role conflict (e.g., between the roles of community servant, as exemplified in the stereotype of the general British Bobby, and crime fighter and between the requirement to enforce the law and the procedural constraints imposed on the officer by that same law). (Winter, 1993, p. 254)Kirkcaldy (1993) conducted a study of police stress involving 42 officers from several countries attending a stress. The police officers studied showed a higher level of internal control than the general population, and they "were more likely to be stressed in terms of organizational structure and climate ..., home and work interface ..., and relationships with other people" when compared to the general British population (p. 386). Though not stated in the article, it may be fair to assume that these were not run-of-the-mill patrol officers on this junket to Germany. Whether or not the sample population is representative of the population of street-level officers could be questioned.Violanti and Aron (1993) found that police organizational stressors (court decisions, regulations, nonparticipation in job decisions, disagreeable duties, discipline matters, etc.) were 6.3 times more likely to cause distress than was "police work." This study was conducted in a large New York department and consisted of 103 respondents who submitted a self-report survey.Similarly, Kirkcaldy, Cooper, and Ruffalo (1995) conducted a study of 49 officers in one Illinois town (the size of the department is unknown), and determined that these officers found "factors intrinsic to the job" to be lesser stress producers than "organizational structure and climate" (p. 700). Kirkcaldy et al. observed positive correlation between both psychological and physical illness and stress. In addition, they observed a significant negative correlation between perceived stress and job satisfaction. They recommended providing counseling and coping strategies to enhance self-control.Carona (1998) conducted a study having as its hypothesis the expectation that police departments having high-quality stress-relief programs would have fewer losses to sick leave, fewer resignations, fewer vehicle accidents, and fewer sustained excessive force complaints. Carona discovered no significant correlations in this research. However, it was determined that departments with longer running stress programs had "fewer sustained excessive force complaints" (p. 27).One possibly confounding variable that was apparently not addressed by these studies of stress in police (Kirkcaldy, 1993; Kirkcaldy et al., 1995; Violanti & Aron, 1993) could be the traditional stoicism expected of authority figures, and how this could be affected by self-reporting of police officers through under reporting perceptions of stress caused by intrinsic factors.As stated by Brown and Grover (1998), "Police officers are taught to respond personably rather than personally to their operational duties, to project strength and authority, to deal with events without displaying emotion and put the requirements of the work before their own emotional needs" (p. 181). This phenomenon has also been described as the “cult of masculinity” (Waddington, 1999, p. 11).Brown and Grover (1998) studied police officers and the role moderating factors have on coping and distress when stressors are present. One finding was that those exposed to both high and low levels of stress show the greatest levels of psychological distress when they lack social support, have high negative attitudes concerning emotional expression, and low just world beliefs. Those with low just world beliefs "perceive the threats as being in excess of their capacity to cope," making them unable to assimilate and integrate stressful experiences (p. 181). Also assumed in the definition of low just world beliefs was a feeling of low control on the part of the officer.A Gallup survey of randomly selected workers indicated that "the most common cause of workplace anger ... [is] the actions of supervisors or managers" (Wuensche, 1999, p. 1D). The next most anger-producing circumstances were, respectively, "irritating co-workers" and "dealing with the public" (p. 1D). Donald Gibson (cited in Wuensche, 1999), a Yale University School of Management professor, stated, "In an environment where you think people are satisfied with their jobs, there is a sort of undercurrent of anger and resentment aimed at the workplace that could potentially lead to the kinds of explosions or rage we have seen" (p. 1D). The rage Gibson refers to was that found in "normal" jobs, as opposed to police work.PrejudiceResearch on prejudice disclosed that those who perceive that they have been subjected to prejudice "reported more aggression, sadness, anxiety, and egotism" than those not perceiving such prejudice (Dion & Earn, 1975/1981, p. 281). Winter (1993) reported what appears to be an analogous perception of prejudice when he related that "there is evidence that police officers perceive the public and the press as construing them more negatively than is in fact the case," citing five studies (p. 254). The GAO (1998) also reported that “officers’ dissatisfaction with how they were viewed and treated by the people of the community” has been cited as a factor contributing to corruption (p. 9).The 1968 Kerner Commission examination of the New York police indicated that minorities perceived the police to "symbolize white power, white racism and white repression" (cited in Human Rights Watch, 1998, p. 40). The Christopher Commission surveyed a sample of Los Angeles police officers and found that about 25% of them believed that racial prejudice toward minorities exists and negatively impacts police community relations (Independent Commission, 1991/1995).In 1992, the St. Clair Commission examined excessive force complaints against the Boston Police Department and found that "50 percent of complainants in the sample group were African-American, while 26 percent of Boston's population was African-American" (Human Rights Watch, 1998, p. 41). Worden (1996) related that “empirical evidence confirms that minorities are in fact, overrepresented among the human targets at which police shoot …, but it also indicates that minorities are overrepresented among those whose actions precipitate the use of deadly force by police” (p. 25).The results of a reciprocal negative interchange between police who perceive prejudice from minorities and minorities who perceive prejudice from police, each feeding the negative spiral of the other, should not be overlooked in the search for corruption causes.The Mollen Commission reported in 1993 that the "us versus them" police attitude was particularly strong in minority neighborhoods and contributed to a divisiveness that "makes many police officers feel isolated from, and often hostile toward, the community they are meant to serve" (Commission to Investigate Allegations of Police Corruption, 1993/1995, p. 33). The Mollen Commission further reported that the us versus them attitude was "present wherever we found corruption" (p. 33).The GAO (1998) determined that a “commonly identified factor associated with drug-related corruption was a police culture that was characterized by a code of silence, unquestioned loyalty to other officers, and cynicism about the criminal justice system” (p. 4). These characteristics reportedly promote corruption while impeding its detection and control.Paradoxically, the structures of occupation that Durkheim predicted would function to strengthen them as autonomous, professional associations working for the common good (helping to clarify and maintain the value system of the broader society) are often "turned inward." That is, in criminal justice agencies (for several historic, political, economic, and social reasons) professional particularity, the cult of the individual, and extreme social solidarity reflected in a quasi-unification of all authority levels generates the unanticipated consequences of a high degree of corruption and graft in all components of the criminal justice system in virtually every region of the United States. (Henderson & Simon, 1994, p. 102)One aspect of neutralization theory, consistent with the us versus them characteristic, states that "subgroups take on a culture of their own that has been termed 'groupthink'" (Henderson & Simon, 1994, p. 30). One groupthink outcome is that prerationalized criminal acts are agreed upon before their commission. "Those objecting to the proposed ‘policies’ are often criticized by other group members, and, if they persist in their criticism, are threatened with ostracism from the group or firing" (p. 30).Reference:Robb, D. L. (2002). An investigation of self-control and its relationship to ethical attitudes in criminal justice personnel. Dissertation Abstracts International, 62 (12), 4343. (UMI No. 3036984)