Police misconduct and crime : bad apples or systems failure?

There is a debate in the research literature whether to view police misconduct and crime as acts of individuals perceived as 'rotten apples' or as an indication of systems failure in the police force. Based on an archival analysis of court cases where police employees were prosecuted, this paper attempts to explore the extent of rotten apples versus systems failure in the police. Exploratory research of 57 prosecuted police officers in Norway indicate that there were more rotten apple cases than system failure cases. The individual failures seem to be the norm rather than the exception of ethical breaches, therefore enhancing the rotten apple theory. However as exploratory research, police crime may still be explained at the organizational level as well.

Police Misconduct as a Breach of Public trust: the Offence of Misconduct in Public Office

Until relatively recently, the common law offence of misconduct in public office has been regarded as anachronistic. The offence was perceived to have been supplanted by specific statutory offences that could more appropriately deal with criminal conduct by public officials. However, there has been a revival of the offence with successful prosecutions occurring in Australia, England and Hong Kong. Many of these contemporary cases have involved police officers. Examination of these cases reveals that the circumstances in which misconduct in public office has been identified have been diverse, including the unauthorised disclosure of confidential information, the use of false search warrants and the sexual exploitation of vulnerable persons. In many instances, police officers were charged with other criminal offences in addition to charges relating to misconduct in public office. The matters prosecuted as misconduct in public office typically involved matters that were serious and/or could not be adequately prosecuted as other criminal offences or as breaches of police regulations governing conduct. Consequently, despite the proliferation of statutory criminal offences in the 20th century it appears that there continues to be a place for the offence of misconduct in public office. It criminalises misconduct by police officers that may not be adequately dealt with by other offences and recognises the public trust dimension of wrongdoing by these officials. However, a continuing and fundamental challenge is to determine the appropriate definition and scope of the offence.

The footage is decisive’: Applying the thinking of Marshall McLuhan to CCTV and police misconduct

This article adapts Marshall McLuhan’s writings on mass media to ubiquitous and universal surveillance systems, looking at surveillance as media. The term ‘broadcast media’ is derived from an agricultural metaphor, a technique of planting. I argue that CCTV systems are an inversion of broadcasting: ‘harvest media’. Drawing on three case studies in which CCTV has been relevant to allegations of police misconduct, I explore how harvest media impacts on cultural and legal perceptions of evidence, and what can be known.

Conceptual framework for managing knowledge of police deviance

This is a conceptual article on police deviance and its multi-faceted forms. It seeks to address the lack of an adequately formulated framework in the literature of the breadth and depth of police misconduct and corruption. The article argues for the use of a proposed ‘sliding scale’ of police deviance by examining the nature, extent and progression of police deviance and crime using research in Australia and Canada as illustrative case studies. This sliding scale is designed to research, capture and store, and hence extend the knowledge base of what constitutes police deviance at the level of the individual, the group and the organisational contexts of policing. As such, the conceptual framework is a robust yet flexible research tool and its utility as a sliding scale constitutes a step forward in advancing the knowledge on police deviance and criminality through adopting an integrated and holistic approach to managing such knowledge.

The motivation and structure of corrupt police networks : theorising the dark side of the ‘thin blue line’

In recent times considerable research attention has been directed to understanding dark networks, especially criminal and terrorist networks. Dark networks are those in which member motivations are self rather than public interested, achievements come at the cost of other individuals, groups or societies and, in addition, their activities are both ‘covert and illegal’ (Raab & Milward, 2003: 415). This ‘darkness’ has implications for the way in which these networks are structured, the strategies adopted and their recruitment methods. Such entities exhibit distinctive operating characteristics including most notably the tension between creating an efficient network structure while retaining the ability to hide from public view while avoiding catastrophic collapse should one member cooperate with authorities (Bouchard 2007). While theoretical emphasis has been on criminal and terrorist networks, recent work has demonstrated that corrupt police networks exhibit some distinctive characteristics. In particular, these entities operate within the shadows of a host organisation - the Police Force and distort the functioning of the ‘Thin Blue Line’ as the interface between the law abiding citizenry and the criminal society. Drawing on data derived from the Queensland Fitzgerald Commission of Enquiry into Police Misconduct and related documents, this paper examines the motivations, structural properties and operational practices of corrupt police networks and compares and contrasts these with other dark networks with ‘bright’ public service networks. The paper confirms the structural differences between dark corrupt police networks and bright networks and suggests. However, structural embeddedness alone is found to be an insufficient theoretical explanation for member involvement in networks and that a set of elements combine to impact decision-making. Although offering important insights into network participation, the paper’s findings are especially pertinent in identifying additional points of intervention for police corruption networks.

'The police are rottenly corrupt': Policing, scandal, and the regulation of illegal betting in Depression-era Sydney

One groundbreaking aspect of the Wood Royal Commission into police corruption in New South Wales was to recognize the importance of the historical dimension of corruption. The historical consensus is that systemic police corruption emerged in NSW only after the Second World War but, as Wood acknowledged, there has been little detailed research into earlier periods. One window into policing in the 1930s is provided by the Markell Royal Commission, which investigated allegations of police misconduct in relation to illegal bookmaking in 1936. This article explores the evidence gathered by Markell, and argues that his inquiry uncovered a system of entrenched police corruption at a level of complexity previously thought not to have appeared for another decade. It is argued that poor management contributed to the growth of systemic corruption from the early 1930s, and that a defensive and negative reaction to the exposure of this corruption caused an historic opportunity for
reform to be lost.

Illinois municipal officers' perceptions of police ethics /

Cover title.

Royal Commissions and Criminal Justice : Behind the Ideal

Royal commissions are approached not as exercises in legitimation and closure but as sites of struggle that are heavily traversed by power holders yet are open to the voices of alternative and unofficial social groups, social movements, and individuals. Three case studies are discussed that highlight the hegemony of the legal methodology and discourse that dominate many inquiries. The first case, involving a single-case miscarriage inquiry, involves a man who was accused, convicted, and served a prison sentence for the murder of his wife. Nineteen years following the murder another man confessed to the crime. The official inquiry found that nothing had gone wrong in the criminal justice process; it had operated as it should. Thus, in the face of evidence that the criminal justice process may be flawed, the discursive strategy became one of silence; no explanation was offered except for the declaration that nothing had gone wrong. The fallibility of the criminal justice system was thus hidden from public view. The second case study examines the Wood Royal Commission into corruption charges within the NSW Police Service. The royal commission revealed a bevy of police misconduct offenses including process corruption, improper associations, theft, and substance abuse, among others. The author discusses the ways in which the other criminal justice players, the judiciary and prosecuting attorneys, emerge only briefly as potential ethical agents in relation to police misconduct and corruption and then abruptly disappear again. Yet, these other players are absolved of any responsibility for police misconduct. The third case study involves a spin-off inquiry into the facts surrounding the Leigh Leigh rape and murder case. This case illustrates how official inquires can seek to exclude non-traditional viewpoints and methodologies; in this case, the views of a feminist criminologist. The third case also illustrates how the adversarial process within the legal system allows those with power to subjugate the viewpoints of others through the legitimate use of cross-examination. These three case studies reveal how official inquiries tend to speak from an “idealized conception of justice” and downplay any viewpoint that questions this idealized version of the truth.

The Fitzgerald Symposium: An Introduction

This article introduces the collection of six papers that commemorate the twentieth anniversary of the tabling of the Report of the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct ('the Fitzgerald Report'). The report exposed the entrenched corruption among Queensland's political and police leaders, deeply ingrained abuses of process and power, and an inept public administration. It led to the prosecution and imprisonment of key politicians and police. The Fitzgerald Report was notable not just for these direct outcomes, but also for its prescriptions for widespread and enduring reform, which came from Fitzgerald's analysis of the underlying causes of police corruption in Queensland. This article places the Fitzgerald Inquiry in its historical context, and provides a brief outline of the key provisions of the Fitzgerald Report. It concludes with a brief introduction to each of the six articles in this collection. These articles critically examine the aftermath of the Fitzgerald Report and the reforms that Fitzgerald recommended. They ask whether Fitzgerald's blueprint for accountable and ethical government was achieved - or indeed capable of being achieved - and whether it has stood the test of time.

Video Activism and the Ambiguities of Counter-Surveillance

This paper examines the use of visual technologies by political activists in protest situations to monitor police conduct. Using interview data with Australian video activists, this paper seeks to understand the motivations, techniques and outcomes of video activism, and its relationship to counter-surveillance and police accountability. Our data also indicated that there have been significant transformations in the organization and deployment of counter-surveillance methods since 2000, when there were large-scale protests against the World Economic Forum meeting in Melbourne accompanied by a coordinated campaign that sought to document police misconduct. The paper identifies and examines two inter-related aspects of this: the act of filming and the process of dissemination of this footage. It is noted that technological changes over the last decade have led to a proliferation of visual recording technologies, particularly mobile phone cameras, which have stimulated a corresponding proliferation of images. Analogous innovations in internet communications have stimulated a coterminous proliferation of potential outlets for images Video footage provides activists with a valuable tool for safety and publicity. Nevertheless, we argue, video activism can have unintended consequences, including exposure to legal risks and the amplification of official surveillance. Activists are also often unable to control the political effects of their footage or the purposes to which it is used. We conclude by assessing the impact that transformations in both protest organization and media technologies might have for counter-surveillance techniques based on visual surveillance.

Corrupción, reforma y realidad. Incidencia de la corrupción publicada por los medios de comunicación en la estructura de la policía nacional de Colombia (1993 – 2012)

El texto analiza el impacto de la corrupción policial presentada por los medios de comunicación desde 1993 hasta el 2012 en la estructura interna de la Policía Nacional de Colombia. En el primer capítulo se plantea un estado del arte del concepto de corrupción policial, asimismo, se incluyen las teorías bajo las cuales se ha entendido el fenómeno a nivel mundial buscando generar soluciones plausibles a un flagelo en el que se ven inmiscuidos una gran cantidad de cuerpos policiales en el mundo. En el segundo apartado, se evalúa de manera cuantitativa cómo los casos de corrupción han modificado la estructura de la Policía Nacional, pero a su vez, cómo éstas modificaciones han sido evanescentes. En el tercer capítulo, se escudriña el impacto y los cambios estructurales desde la perspectiva de los miembros del cuerpo policial, recurriendo a la recolección de datos de manera cualitativa por medio de entrevistas y encuestas. En el cuarto momento se analiza la incidencia de los directores de la policía en la lucha contra la corrupción policial y como se establece una relación entre los subalternos y los mandos medios al momento de realizar este tipo de actividades. Finalmente se plasman las conclusiones a las que se llegó posterior a la realización del trabajo investigativo.

Conflict of interest in policing : problems, practices, and principles

Examines conflict of interest across the private and public realm of the everyday lives of police officers. Outlines how the problem is an important aspect of police ethics, arguing that recognition of, and accountability for, conflict of interest may be a significant element in preventing police misconduct and corruption

Continuum of police crime : an empirical study of court cases

The great majority of police officers are committed to honourable and competent public service and consistently demonstrate integrity and accountability in carrying out the often difficult, complex and sometimes dangerous, activities involved in policing by consent. However, in every police agency there exists an element of dishonesty, lack of professionalism and criminal behaviour. This article is based on archival research of criminal behaviour in the Norwegian police force. A total of 60 police employees were prosecuted in court because of misconduct and crime from 2005 to 2010. Court cases were coded as two potential predictors of court sentence in terms of imprisonment days, ie, type of deviance and level of deviance. Categories of police crime and levels were organised according to a conceptual framework developed for assessing and managing police deviance. Empirical findings support the hypothesis that as the seriousness of police crime increases in breadth and depth so also does the severity of the court sentence as measured by time in prison.

Parliamentary committee reviews of police oversight agencies : a Queensland case study

The suggested model of an ideal public sector corruption commission includes oversight by a parliamentary committee with an attached parliamentary inspector (Prenzler, 2009). However, little research has been conducted on parliamentary oversight of corruption commissions. In Queensland, a role of the Parliamentary Crime and Misconduct Committee, which has the Parliamentary Crime and Misconduct Commissioner attached, is to review the Crime and Misconduct Commission every three years. This paper considers the public written and oral submissions made to the Parliamentary Crime and Misconduct Committee in the four reviews of the Crime and Misconduct Committee conducted to date (2004, 2006, 2009 and 2012). By doing this, the paper will begin to identify the gaps in our understanding of the relationship between parliamentary committees and public sector corruption commissions and the processes used by parliamentary committees to provide oversight of corruption commissions.