The History Of Police Misconduct

Published Date: 02 Nov 2017

PSYCHOLOGICAL TESTING Police civil liability cases have forced police executives that failure to properly screen applicants could result in monetary damages towards the department responsible (Lee, 2006, p. 1). Lee (1995) study revealed the importance of pre –employment screening, "an employer will not hire an individual who possesses some attribute of character or prior conduct that would create an undue risk to harm others in carrying out his or her employment responsibilities" the risk is greater in police hiring practices.

Lee’s case example, Bonsignore v. The City of New York (683 F.2d 635 [N.Y. CT. App. 1982)], shows how crucial pre-screening is needed for potential police officers and that any police department will be liable if they fail to assess an officer’s psychological fitness. The case summary deals with an officer who shot his wife then turned the gun on himself, the wife miraculously survived (Lee, 2006). The wife felt the department should not have given her husband a gun this was the basis of her civil suit (Lee, 2006). The wife was awarded $500,000 to the in compensatory and punitive damages because the police department failed to do an evaluation of her husband (Lee, 2006). Bad publicity of the police has forced many departments to implement psychological screening when selecting applicants (Lee, 2006). The U. S. Department of Justice, (1999) states, "by the 1990’s, 49% of the major U. S. Police and Sheriffs’ agencies used psychological screening in selecting their applicants, and this figure rose to 94% in 1997".

Lee (1995) defines what Pre-employment psychological test are and their purpose. Lee (1995) continues to say in his study that, "Pre-employment psychological tests have two main parts 1) to measure an applicant’s intelligence and 2) to screen out mentally unfit applicants (Lee, 2006). The purpose of psychological testing of police applicants is to screen out the ones who are mentally unfit to handle the stress of being a policeman "(Lee).

There are different types of tests used in the pre- screening process one of the most commonly used by law enforcement agencies is the Minnesota Multiphasic Personality Inventory (MMPI) (Lee, 2006). The Minnesota Multiphasic Personality Inventory consists of 10 clinical scales and 4 validity scales with a 566 item, true –false questionnaire (Lee, 2006). This test original purpose was to identify patients with psychological problems with medical symptoms (Lee, 2006). The usefulness of this test has limitations it does not assess job performance in regular population, and police need a test design specifically for law enforcement (Lee, 2006, Barwick & Mount, 1991).

The next test discussed is the NEO-PI-R assesses five traits, agreeableness, extraversion, openness, neuroticism, and conscientiousness also known as the Big Five (Lee, 2006,). The NEO-PI-R is designed to measure 30 different traits organized by the Big Five areas in mind to test 16 years and older (Lee, 2006.). There are two main parts, Form R is for observer ratings, and Form S is designed for self-report (Lee, 2006, Costa and McCrae, 1992). In Lee’s study, the NEO-PI-R is a very valuable tool to predict behavior and job performance but it is questionable to screen law enforcement (Lee, 2006). One of the cons dealing with this test is the self-report, are the answers given by the officers valid and reliable? (Lee, 2006). It is very important to have special psychological tests designed particularly for the law enforcement to prevent future misbehavior conduct of police officers (Lee, 2006).

POLICE ETHICS TRAINING Police ethics concerns have become critical in law enforcement agencies mainly because of the co-relationship between the police and the community (Jones T. R., Owens C., & Smith, M.A. 1995, p. 22). There are two main reasons why ethics are crucial to have in law enforcement 1) the public will tolerate aggressive and legal crime fighting and 2) the increase police –community watch, while at the same time officers must obey the law and accountable to the public (Jones, et al., 1995). Jones (et al., 1995) reintegrates again that, "ethical training must become an integral part of the academy and in service training for new and experience officers alike" (Jones, et al., 1995). Jones (et al. 1995) study revealed that "basically, all police agencies have some form of military style structure, but when policies are general and imprecise, they become functionally useless and when it’s overly detailed they fail as a working guide". Lawsuits were one way of dealing with police misconduct, threats of civil sanctions against police agencies have resulted in little structural changes (Jones, et al., 1995). The authors feel that ethics training could be used as a deterrent because as the authors stated, "Civil liabilities simply do not constitute a valid strategy for preventing officer misconduct" (Jones, et al., 1995). Although, sanctions and civil liabilities are in place for punishment of police misconduct cases are still on the rise (Jones, et al., 1995). This proves that the police executives will have to find another way to deal with corruption by managing through values rather than implementing new policies (Jones, et al., 1995).

MANAGEMENT THROUGH VALUES The authors, Jones, Owen, & Smith (1995), stated, "This management technique is based on the premise that policing styles reflect a department’s value and that, in turn, these values powerfully influence the actions of the department and its officers" (p. 1). A police officer values are influenced by its agency’s official values, including working materials, class discussions, test, and field officer programs if they have flaws so will the people enforcing them (Jones, et al., 1995). Once you implement a system of managing through value strategies it will emphasize professional ethical standards in the entire law enforcement organizations (Jones, et al., 1995). The authors, (Jones, et al., 1995), realized that "organized training in ethical policing would ensure that every officer understands the department’s code of ethics and reinforce acceptable behavior with rewards and punish unacceptable behavior with discipline" (p. 3).

Ethic training programs for police managers and supervisors is imperative in order to lead by personal example (Jones, et al., 1995). Reason being, your subordinates can only be as good as their leader, and if the leaders are corrupt there stand to reason so will the followers. When you begin recruit training one of the first things is to have the supervisor explain the ethics and the sworn oath in details until it is completely understood by each recruit (Jones, et al., 1995). The supervisor should elaborate repetitively on the expectations, the accountability, and the responsibilities of the profession the officer have chosen for his or her career (Jones, et al., 1995).

Jones, Owen, & Smith, (1995) all agree that "A training program of this type should be part of an ongoing effort to instill, reaffirm, and institutionalize ethical policing in every law enforcement agency". According to Jones, Owen, & Smith, (1995) ethics in policing has become a very integral part of the law enforcement institution and the accountability to the public have become a highly relevant issue that affects how one performs duties in the community (p. 4). Having a higher moral ethic instill in police officer deters deviant behavior and promotes a professional and trustworthiness that the public will accept (Jones, et al., 1995).