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November 2001 In Defense of Police by Charles P. Connolly I believe it reasonable
to posture that there is no shortage of studies, papers, news articles or television
commentaries on what's wrong with our nation's police service and more importantly
what needs to be implemented to achieve positive change. We should not be surprised
as this examination of policing in America has been continually researched and
reviewed for the past four decades. Unfortunately, such police criticism has gone
unabated despite that the country has changed and to a considerable extent the
manner in which we police and serve the nation's citizenry. This relentless review
has not only been the focus of non-police professionals but the result of numerous
observations by those within the police experience. Yet, if one left the planet
forty years ago only to return today, his or her observations based on the communications
media would be that nothing has changed. Lack of trust in our nation's police
service is the operative belief by those who articulate that they understand the
police function. But do they? And what do they base their set of beliefs on? If
many of these perceptions are erroneous is it because of a relentless drumbeat
of what's wrong with the police and why they misbehave? Given the fact that
the past decade has witnessed significant crime reductions, particularly in the
urban areas, accompanied by what I believe is a reduction in police shootings,
police officers have a right to question the accuracy and fair reporting of the
police mission in a democratic society. Moreover, given such a positive track
record of performance, it is difficult, I suspect, for police to understand why
so many of our political figures appear to have an unlimited faith in the appeasement
of police critics. Focusing on the police perspective, it is time to examine
or debate whether it is the police's sole responsibility to read and understand
the diverse nature of our community in a more effective and flexible manner. However,
some segments of our community need to recognize that their perception of policing
is not only unhealthy but too often the result of false messengers and political
people too quick to jump on a politically correct trend. I don't think its unfair
for police officers to inquire of the media to examine whether their private prejudices
or political perspectives provide little opportunity for a reconciliation of police
and community perspectives. Have today's people of influence allowed their experiences
of the 1960's to continually shape their opinion of police practices. The media's
review of a police action too often appears to result in recommendations that
can only be seen as "old wine wrapped in new bottles." Subsequent recommendations
whether it be community policing, assertive or zero tolerance, will have little
consequence if the solution is simply that the police must change but no similar
obligation to reexamine their view of policing is encouraged. By treating the
police fairly, it is meant that certain segments of our society examine its biases
and prejudices towards their protectors. I think it is time for members of the
"doubting Thomas' society" to consider the unintended consequences of
inflammatory anti-police rhetoric not even supported by statistics. Such rhetoric
from the police officer on the street appears to have one purpose--to inflame
police and community relationships rather than reduce the natural tension often
present within a community. In my judgement the police perspective has been
absent from any debate on their ability to effectively serve a diverse community.
If we continue to urge a unilateral attitudinal or behavior change on the police
without a corresponding examination on the part of a critical segment of the community,
little or no positive change will occur, rather the opposite is more likely. It
is time that our nation's high regard for tolerance extend to its sworn protectors. Before
any defense of America's policing is to be made, let me state the obvious: Police
omissions will occur and mistakes will be made despite any and all training and
procedures implemented. Unfortunately some police officers will violate their
code of conduct, some in a horrific and egregious manner. Police management and
oversight, however vigilant, will not initially detect these transgressors. The
saving grace in my view is that increasingly the nation's chief police executives
have assumed greater accountability for both their officers' behavior as well
as their own. It is important to recognize that each of our citizenry is different
as they pursue life's interest. Just as important is that police officers' must
be viewed in a similar context. It is important that the police are given the
opportunity to be similarly viewed as uniquely different. It is time to stop making
mountains out of molehills when viewing police activity and recognize that public
support is necessary if we are to appreciate and increase the capacity for the
public to be well served. In that regard it is important to ask whether there
is a lack of trust in their police by the public. It appears to many--even
some within the police service--that there is a lack of trust. It is obvious from
media reports, comments from the political infrastructure and members of the activist
community that such is a real or perceived concern. My response to the police
community is that such a lack of trust may not actually exist or is somewhat exaggerated
because of the increasing politicization of police practices. Polling surveys
have shown less inclination by the public to view the media's purpose as solely
serving the public good. In fact, the more it blurs the news with entertainment,
to enhance ratings, it may be seen simply as another business. The only business,
I might add, that enjoys constitutional protection. Up and until the most recent
media and political drumbeat regarding racial profiling, numerous polls showed
law enforcement more respected than the press. It has been my observation
that the police have always done well in polling surveys conducted throughout
the U.S. A poll taken by USA Today on 6/18/01, regarding what institutions people
have a great deal of confidence showed the police placing 3rd out of 16-only behind
the military and the church or organized religion. Obviously, one polling
survey should not confirm my suspicion. It should, however, allow us to verify
whether similar polls suggest similar results. Therefore, I submit that the current
belief may not reflect the vast majority of Americans but more accurately describe
the feelings and perceptions of an important segment of our society, "persons
of color." Our relationship with African Americans needs to be examined and
seriously addressed by the nation's police. However, if we are to successfully
address and resolve a negative belief system, every aspect of public governance
and the media's influence must be identified. There are examples of police misconduct
that aid and abet adverse reaction of the public. But police do not function in
a vacuum. There are external forces that surface controversy and shape public
opinion. In fairness to the police their impact must be debated. Within
the industry itself, we hear complaints that the journalistic integrity is being
blurred by a mixture of "news and entertainment." Ratings are what many
in the media live and die by not the pursuit of meritorious journalistic awards.
Good news is no news, and "if it bleeds, it leads"-- the more gory the
more glorified. It is important from the police perspective that the press
evaluate where there is a collective bias within their profession based on personal
opinion and belief, and if so, its impact on this nation's public safety. It
is important to examine the issue that appears to many as a lack of trust on the
part of the public towards the police. However, it is possible that it may be
a perceptual rather than a reality issue for several reasons. We have apparently
a country divided along political ideology. One half tends to support strong enforcement
without deviation. The other half focuses on the danger posed by police aggressiveness,
particularly as it applies to racial, somewhat ethnic and to a limited degree,
economic class. The latter perspective may have resulted from the almost daily
accounting of our failures, alleged cover-ups and accusations of racial discrimination
and an alleged propensity towards violence. Undoubtedly, there is a kernel of
truth to their concerns but where is the balanced viewpoint? It is possible
that an examination of the trust issue may show the police have less a burden
of trust than believed. Is it possible that the media bias emerging since the
1960's exaggerate police failures and incidents? If there is bias it may be the
result of today's media people's experience during the anti- Vietnam War and Civil
Rights struggles which shaped an institutional distrust and subsequent over-balancing
of its report coverage. Times may have changed, but attitudes didn't. Unfortunately,
the police don't have the capacity or the ability to operate the way many wish
or want society to behave. We deal as best we can whether 911, a citizen's cry
for help, or acting on experience or instinct moves us to engage suspects. As
a result, people and increasingly groups whose perceptions differ greatly on how
police are to function not only have a preferred state of behavior but are greatly
disturbed when the perception goes awry. Increasingly, we are witnessing group
thinking that is at variance with other groups. Sadly, these perceptual differences
increasingly appear to be more combative than collegial. Police engagement
in controlling individuals or groups can be described as physically demanding
and dangerous. Whether we like it or not, police activity can be dangerous to
either the officer or to whom he/ she comes in contact. Whether members of the
public appreciate that fact of life doesn't change the equation. You can avoid
a violent scene on television by changing the channel. On the street or in real
life, it isn't that simple. Police officers and other individuals can get hurt
and lives jeopardized during ordinary citizen interviews, custodial situations,
apprehensions and calming disorderly conditions. Individuals acting alone or in
contact with others don't wish to be inhibited or restrained by police. No matter
the chaos, or criminal intent displayed, such groups appear to have sympathetic
audiences. When police are required to document the police contact, a minor infraction
can escalate to a major event. When such occurs, particularly involving race,
the reflexive action is to blame the police. This rush to judgment by politicians
and those desirous of creating chaos for personal benefit attribute no blame to
participants whose lack of civility and judgment aided and abetted any possible
police misconduct. Worse, there appears little or no attempt to rightsize the
incident, reduce exaggeration and community tension. Little if any interest is
paid to the unintended consequence of future police decision making that agonizes
over any possibility of injuries to individuals rather than maintaining a safe
and law abiding community. The continual rush to judgment on the part of well
meaning and not so well meaning police critics forces a belief among the troops
that their commanders are primarily concerned that their decisions are not met
with any negative press or community criticism by activists. That perception is
aided by their observation that too many city halls seemingly operate with a similar
mindset. Possibly, too many are intimidated by the politically correct cult of
activists. I suspect that there is what I would call a lot of unspoken conversation
occurring in many of today's conversations. Why is that? Is it because so many
individuals fear being attacked as a racist, anti-animal/environmentalist, warmonger,
anti-poor or any variety of current trends. Are there people who feel if they
minimally question what appears in the media as dogma, they are seen as out of
synch or politically incorrect. Unfortunately, remaining silent gives the impression
of approval. Obviously, one doesn't know the extent of such unspoken conversation.
Nor can one gauge its adverse impact on free speech and good debate. This may
explain the seemingly wide disparity among media, politicians, self-appointed
community activists and members of the general public regarding their impression
of the police. Maybe it is time to raise the specter of group influence, if not
intimidation. This reluctance to speak ones' mind cripples the necessary public
debate, which would allow all of us to move forward with a rational and fair national
policy. From the police imperative, it would identify and separate racial bigotry
more precisely and allow agencies to pursue appropriate and understandable anti-crime
initiatives. Not withstanding the good intentions of well meaning individuals
and groups their politics often appear to be driven by ideology and not reason.
Their ultimate goals are not well served when the only opposition left standing
is those espousing a redneck philosophy. In my opinion, should we have an appropriate
national dialogue there is little doubt that the vast majority would recognize
that policing in general is not a racially-motivated conspiracy or intent to deprive
any citizen or group of its lawful rights. Again, it may be necessary to restate
the police function is not without its flaws, negligence and omissions nor will
it ever be in the future. This is not a prediction--it is reality. Lack
of Trust and the Media-Who is Off Balance? It is appropriate to examine
the inner workings of the police organization and its practices with regard to
its impact on what has been described as a much more liberal and socially responsible
society. Equally we need to minimally debate the same introspection by the media
in regards to its excessive impact on the public's awareness of public policy.
It is possible that a media bias, consciously or unconsciously, generates an unhealthy
resistance to necessary and legitimate assertion of law enforcement. It is important
to gauge whether a media bias contributes to many individuals' negative feelings
towards police. The press is not an organic entity but is comprised of editors,
reporters, columnists and researchers hopefully with individual opinions about
politics, politicians, people in the media, public events, prejudice and minorities.
But is it? If their belief systems are so similar, is it possible that the
public, which increasingly relies on the evening news for a 30-second story, is
not receiving comprehensive balanced information produced and delivered by reasonably
objective people. The vast majority of media appear to be not aware of any such
bias on their part. Some deny it even exists. Worse still, some behave as if their
partisan viewpoint is the only sane public policy available. Surveys over
the past five or six presidential elections identify an overwhelming propensity
on the part of the press corps, particularly within the Washington, D.C., area
to vote the Democratic Party line.1 Recently, Jerry Nachman, former
editor of the New York Post and vice president of CBS New York, reported that
the press itself accepts a 90+ percentage vote along Democratic Party lines. 2
It should be clear to all that they have every right to vote in such a manner.
However, under any other circumstances involving any other influential segment
of society, the press itself would acknowledge, question and report such a wide
divergence from the ordinary citizen and its implication on public policy. While
it is not germane to today's issue, a recent article in the Washington Post cited
a study in which 80% of U.S. law professors describe themselves as "democrat
or leaning democratic," only 13% called themselves republican. 3 The
First Amendment protects five freedoms: religion, speech, press, assembly and
petition. Yet news organizations are often aligned in joint ventures or owned
outright by non-media corporations that might pose a conflict of interest. Nevertheless,
the press as an organization still remain the only business or commercial entity
expressly protected by our constitution. That is not today's issue. Our issue
is whether the media is appropriately exercising its obligation as opposed to
publicizing a single, biased perception of policing in America. Racial profiling
may be better debated and understood if the media were to examine its own processes
and potential bias. Media bias may be a serious public question that requires
industry examination if not public debate. It is important from everyone's perspective
to consider whether public safety is jeopardized if group thinking is an accepted
virtue particularly among the media elite. Their personal opinions become personal
facts to the others in the industry desirous of achieving similar success. It
is understandable that the young and ambitious are reluctant to challenge the
settled and successful wisdom within their profession. Too often those elite who
shape public policies and opinion are far removed from the daily activities of
the largest number of citizens. Their celebrity status forfeits an understanding
of the complexities of a multicultural society, particularly in its impact on
law enforcement. It is with that reason that the media should examine themselves
or minimally debate whether a fair and balanced account is being given the viewer
or the reader. This introspection is crucial in those circumstances where reporting
of incidents create hostility, polarization and what appears to be a permanent
distrust against those agencies charged with public safety. Again, is it
reasonable for members of the police community to believe the media has an obligation
not to fan the flames of racial hostility by portraying every lawless anarchistic
act as a legitimate protest against local, state or federal government or for
that matter big business. The media can by close cropping photos, selective news
exposes, and showcasing one-sided panels of witnesses, create an impression contrary
to the actual occurrence. That is not telling it like it is but crafting propaganda,
or selectively advocating partisan political opinions. Due to their public image
their personal opinions become personal facts disseminated to an unsuspecting
public. The police are often required to control the antics of unruly groups
whose actions are broadcast as celebrants or protesters despite widespread property
damage and attacks on innocent bystanders. Policing such disturbances is not a
science. Unfortunately, too often it requires physical force to restore order.
Accidents occur, people get hurt. Police officers have a right to question why
the story fails to be concerned with the increasing public threat posed by hooliganism
but focuses on some mishap or adverse action taken by the police in an attempt
to restore order. A recent example of such reporting was in Cincinnati,
Ohio, where the protesters were never described as rioters, which clearly could
be documented. The media continued to reinforce the righteousness of the demonstrators,
citing their claim that police murdered 15 black youths during the past five years.
There was little or no response aired indicating that among the 15 shootings,
nine of the deceased held guns in their hands, three held knives and one had a
3 x 4 imbedded with nails. For several days, no challenge or discussion was raised
with the police critics on the air. Not even the fact that several of the police
officers involved were black was aired. The nature of police/citizen contact
is particularly complex one. In many instances, it involves police engaging one
or more citizens adversely on behalf of another citizen or group. Unfortunately,
for a myriad of reasons, force is often employed. Given the number of adverse
contacts, arrests, custody situations, mentally disturbed detentions and the amount
of crime in the nation, the police restraint has been admirable. Aside from the
Cincinnati statistics, a good example would be New York's Amadou Diallo shooting
in which four officers fired 41 rounds, striking him 19 times. This was unquestionably
a horrible and tragic incident. No police officer or official defended the actions
other than to say that they were horrible accidents with no intent to discriminate
or harm a minority. The shooting involved four white inexperienced officers, without
a supervisor, attempting to apprehend a reportedly armed black rapist of black
women in a minority neighborhood. Aside from any training or supervisory issues,
there was never any indication of racial intent to harm the individual. Despite
their acquittal the collective hysteria continued. Racial agitators pilloried
the officers with compete access to an unchallenging press. It is possible that
the young people of the sixties that have come into influential positions in the
media and public life with the notion that bad things are caused only by bad people.
A reader might question that people who are on death row are not adversely affected
by this belief. In the NY shooting, the constant criticism ignored what should
have had a calming effect on a community concerned with police shootings. During
the past twelve months, despite the police effecting the arrests of over 370,000
individuals, only 11 subjects were fatally slain by the police. In fact, every
non-fatal police category decreased. The only increased category was the one where
police were shot at and did not return fire. However, during the last year of
the prior mayoral administration (1993), there were 41 people slain by the police.
There was no hue and cry for police scalps at that time. Some may suggest it was
because the color and political affiliation of the new mayor differed from the
incumbent. Keeping the peace in a troubled city is not a political option of choice.
In my judgement, it is a moral imperative on the part of the press and those who
govern. A possible example of disparate treatment may be exemplified by
a series of articles on police use of deadly force by the Washington Post in early
July 2001. The paper complied a comprehensive report on "Police Killings"
in our nation's 51 largest law enforcement agencies. This data ranked the New
York Police Department 43 out of 51 departments listing 0.71 fatal incidents per
1,000 officers. Yet, consider that Phoenix and San Diego Police Departments, both
excellent agencies regarded as models of successful, non-aggressive community-oriented
policing, are nearly five times as likely as New York cops to shoot and kill people
(San Diego's rate per 1,000 officers is 3.27; Phoenix is 3.14). 4 The point
we need to remember is there are very few questionable police shootings and when
those shootings have high visibility and a racial component a well earned police
reputation can be sullied if not destroyed. A good example of a similar situation,
dissimilar outcome, is a police shooting in Camden, New Jersey, involving a mentally
disturbed man who during a long confrontation pulled from his pocket a talcum
powder bottle wrapped in a sock. Eleven officers responded by firing at least
106 shots. The media coverage consisted of one small newspaper story. There was
no discipline, no criminal trial, no outrage. Unfortunately by design,
naivete or ideology, people develop viewpoints often from a profoundly flawed
fact base. Personal opinions appear to be offered in lieu of obtainable facts.
Despite their great wisdom, many in the media fail to recognize that the instruments
of government and law enforcement, particularly in dealing with behavioral control,
don't have the capacity to function the way that many individuals with decent
and good motives wish or want society to behave. This factor often comes into
play in law enforcement where common sense and statistical data is ignored and
one's personal opinion, be that of a televised street witness, some panel member
or TV commentator, is transmitted as fact. Allowing alleged witnesses on television
to hurl unverified accusations, which never are tested in a courtroom, does serious
harm to the reputation of law enforcement and its ability to deliver police services.
Television particularly provides instant recitation by witnesses whose credibility
would be destroyed if such were uttered in a courtroom. The police's inability
to refute or challenge the instantaneous witness needs to be re-examined. A research
study of individuals who make serious accusations on television involving police
and a follow-up to their testimony in court might prove interesting. "Testi-Lying"
before TV cameras by these witnesses may be far more prevalent and more socially
damaging than that of the alleged police perjurer. The media's and subsequent
political interpretation often given of police events and activity stem from these
initially breaking news stories. Justice may take place in the faraway courtroom
but the public's belief system has already been captured in the media. Probably
because it is the most visible arm of the government, these distortions have fueled
the emerging politicization of police practices. Some would suggest that
many police critics display a belief that facts and evidence are irrelevant in
judging government and only the perception of public opinion matters. However,
those who espouse or seem to place a higher premium on simple opinion in crafting
public awareness, fail to acknowledge that they are the same people who shaped
opinion in the first place. Such opinions appear to carry the day on too many
news headings. Police can get the sense in some coverage of police incidents
that some journalists have decided there is no time for disagreement, no debate
as to the circumstance and no reason for balance. One side is right, and therefore
just. The other side is evil at worst, out of step with the times at best. It
should be troublesome when too much of the media takes an activists groups' press
releases and without any deliberation treat it as gospel. They publish this package
of terror and oppression without any troublesome questions. It may be time to
raise a challenge regarding advocacy journalism that misleads and misinforms the
very public to which the media is responsible. Racial profiling accusations,
absent a balanced media review and appropriate police response, provides a downside
which includes enormous, though often hidden, cost of litigation and intimidation
of police action on the street. Undoubtedly, our country has some social problems
to solve and the police play an important role in addressing some of those issues.
But collecting data as demanded today will detract from the police mission, misplace
much needed attention elsewhere and incite hostility rather than cooperation.
This particular debate cannot be left solely to police critics, political opportunists
and unspoken conversationalists. Additionally, we find official decision making
fostered by inconsistent standards of judge made law accompanied by a vaguely
misplaced emphasis on a justice defined by the content of one's color or economic
condition. Any debate on our part involving such misplaced emphasis should not
necessarily be an indictment of their bad intent but rather of bad results. We
can't accept a form of perception and opinion as legally valid that relieves some
portion of citizen responsibility based on selective distinctiveness without an
adverse counter-reaction. A bad childhood does not automatically give one the
right to be a bad adult. Despite the news photos that convey a positive
image of an alleged police victim, many of these individuals have had numerous
adverse contacts with police. Many are very street-wise. If refusal to comply
and creating a scene results in forcing a police officer to back down in fear
of administrative and criminal penalties, who is the beneficiary? Not the community
that has a high victimization rate. The street thug who attempts to immobilize
his police interrogator has already victimized his community. With the aid of
community activists misleading the media, he or she is intimidating the police. A
Police Introspection A memo of this size cannot identify to everyone's
satisfaction police management needs, as well as, practices and methods. In fact,
it is not capable of providing that type of document. Hopefully this paper will
encourage a public awareness that is needed if the police function is to effectively
serve and protect an increasingly diverse national population. Undoubtedly,
there have been times in our nation's history where the police can be rightly
criticized. A number of police departments may have lived off the celebrated success
of other agencies and failed to examine whether bad attitudes and practices permeated
its dealing with a significant segment of its population. Traditionally
the role of the police has not been one of an absolute standard. Given the diverse
political, cultural, ethnic ideologies present in the various parts of our country
and our emphasis on local governmental control, such may not be possible. A student
of police history during the past century should recognize that policing styles
developed different methods and perceptions of enforcement. One example was the
legalistic approach exemplified by the LAPD. Such related to a simple notion that
all laws were to be enforced. One can debate if it was realistic and procedurally
enacted. Yet a somewhat different model flourished in Philadelphia called the
Watchman. This model recognized that circumstances within a community could dictate
or refrain from an enforcement action depending on time, circumstance and neighborhood.
Unfortunately racial identity probably played too large a part in street decision
making. Ironically, the LAPD took a fair measure of pride in the public enforcement
posture. In today's standards, many of the liberal persuasion would probably opt
for the watchmen concept absent the racially discriminatory practices that might
have existed. In fairness to our diverse communities it may be time to examine
the rational as to why individuals pursue advanced supervisory/managerial positions
in policing. Are our people seeking job advancements for the right reasons? It
is an area that needs to be examined. Unfortunately, there is little or no financial
incentive for those seeking careers in law enforcement. Aside from some detective
pay incentive, the only financial ladder is the supervisory/management career
path. The officer may be a great cop, respected and admired in and out of the
job but he or she does not want to be responsible for the actions of others. This
is an understandable position. Family, as well as other considerations, motivate
such an individual towards promotional exams. After achieving success, essentially
they are placed in a position that he or she is neither comfortable nor want to
be a part of. The unknown question is what damage, if any, do we do to the individual,
the officers he or she supervises and the agency he or she serves. Leadership
requires an individual who has the motivation, desire to lead and inspire others
and be responsible for the conduct and behavior of others. A similar issue
though viewed from a different context is the individual who wants to be a boss
for the wrong reasons. It is an issue of symbols over substance, involving and
individual who wants all the trappings, perks and prestige that accompanies the
title. He or she rarely has a desire to motivate or lead in any dedicated team
effort. In reality, this individual sees the team as adjuncts to his narrow and
specific interests. His or her demeanor adds to the internal cynicism within the
agency and affects the community perception of its protectors. In the war
against crime it is possible that we have placed too large a burden on those line
officers dealing face to face with the community. Observing man's inhumanity to
man on a daily basis may have an adverse impact on many officers. Police
officers should be educated to the fact that they are not responsible for the
revolving door of the criminal justice system. They must recognize that their
role is to prevent where possible and detect and apprehend when necessary. How
the system functions thereafter is not their burden. Why is this crucial? The
police officer is often the only governmental agency that comes to the victim's
or complainant's home. If a citizen wants to complain to others, he or she has
to make and appointment or be involved in governmental actions. I suspect that
too many police officers feel responsible because of their interaction with victims
and sense that corners can be cut and truths abridged if justice is to be served.
Additionally, the extension of meting out punishment can surface if the officer
feels responsible for the crime problem. Therefore, it is not only the incompetent
officer but the caring one who can get in trouble as well. For that reason, our
training curriculum must stress the dangers associated with the caring and responsible
officer, not just the incompetent or corrupt individual. To paraphrase the Alcoholic
Anonymous creed--the wisdom to know the difference between the things we can and
cannot change. More importantly that we accept such limitations. During
the course of police training, I have often felt that the police officers should
be engaged as to why, when asked about another officer's obvious misconduct, they
never appear angry or ashamed because of the misconduct. We may have a case of
the unspoken conversation as we don't wish to appear to be "breaking ranks"
with our fellow officers. Fraternity and fellowship is good and necessary for
their sense of well being. But such silence also appears to provide a public image
that all officers are all like that. Anecdotal data should be regularly dispensed
in every distribution mode possible describing the temptations faced and regularly
ignored. It is not an aberration that police officers are often offered in one
transaction, what amounts to be close to a yearly salary. The aberration is that
so few bribes are accepted. Because the adverse publicity often involves a police
shooting, officials should include the fact that in most police training programs
anywhere from 20-40% of the curriculum involves firearms training. Despite the
emphasis on such training, less than 1% of the police service will ever discharge
a firearm. This emphasis clearly indicates the value police place on human life
as well as the recognition that firearm mistakes are irreversible. Police executives
must continually reinforce these messages internally as well as externally. To
those police agencies whose response is that "we try to get the message out
but it is basically ignored by the media," our response must be to try and
try again. Yes, the police need to develop sound law enforcement strategies
that explain and respond to the resentments of individuals and groups actually
or perceived to be victimized by police conduct. Police executives have been progressively
improving their delivery of service systems while apparently failing to develop
a more contemporary response regarding adverse incidents played up in the press.
A number of reasons inhibit this problem. Police officials often feel constrained
by legal process, "We can't comment on an on-going investigation." Past
experience might have been to ignore such public outcries as they would go off
the news screen in quick time. Further, they didn't want to contribute to the
problem by debating so-called community leaders. The lack of an immediate police
response could also be attributed to restraint directly by city or urban officials
or the traditional belief that a police response will incite more than resolve
an already contentious position. What they failed to understand was that the explosive
and competitive growth in the media universe was changed radically by cable and
the Internet. Less than 30 years again there were two basic news cycles, one morning
and evening. Technology now allows for continuous coverage. Some news critics
suggest that this constant news flow has eliminated the nature of a more thoughtful
process on the part of media professionals. Immediate disclosure and deadline
are one and the same. Police executives must adjust their management style to
deal with this new phenomenon. The media, in my judgment, has a responsible
role not only in expediting breaking stories but educating the public on why some
practices by police may seem irregular but have a basis for sound enforcement
management. Regarding the practice now described as racial profiling, police executives
must educate the public that delicately stresses certain historical observations
regarding organized threats to society be it violence, extortion, drugs, etc.
It should be clear that any police action taken against an individual solely because
the color of one's skin is wrong. However, police practices should be able to
take racial identity into consideration when it is part of a necessary pattern
of investigation or surveillance. A traditional example is when the top echelon
of an organized crime group is often of the same racial, ethnic or religious persuasion.
With rare exception have we witnessed the hierarchy of a specific organized crime
threat permitting little if any integration other than alliances with other groups
engaged in similarly illicit activities. There is a greater trust factor, desire
for family association and a history of earlier social contacts among its participants,
which provides greater protection from police activity. Such enterprises, initially
engage in anti-social or criminal behavior against its own people. In its formative
stages such selectivity provides greater control over its victims and more insulation
against police engagement and enforcement. Further, these crime issues and
its social impact on society rarely surface or come onto the police screen until
a group has been successfully victimizing its own over a significant period of
time. Victimizing their own racial, ethnic, even religious members allows minimum
public disclosures and police attention. This incubation period allows greater
opportunity and success in mainstreaming criminal victimization. Many in law enforcement
and a number of victims and families believe there are already numerous legal
impediments that render law enforcement less effective. In a democratic society
it may be the price we wish to pay. But labeling every adverse incident or police
failure a racist act or part of a profiling conspiracy endangers the initiation
of strategic crime management practices based on patterns and trends as well as
historical experience. Innovation in policing, not intimidation through litigation,
or statute is needed if crime is to be controlled in every community regardless
of the racial or economic circumstances of its inhabitants. Racial profiling
as a blanket accusation if allowed to be successful, will be applied down the
road to a host of other categories, Asian, Muslim, ethnic or where color is a
distinctive feature. Mandating law enforcement to such record keeping without
any proper context is a futile exercise revealing nothing about profiling but
will get a lot of uninformed people fired up by racial hustlers. If we focus on
proportionate representation, i.e., racial, ethnic or gender percentages, and
women represent 50% of the population, should we anticipate 50% of our police
stops be women. In groups where there is a robust population of individuals under
30 should the percentage be of the overall group population or broken down to
represent those populations whose age tends to be more criminally significant.
Experience should teach us that more group accusations will follow and more record
keeping will be imposed. Worse, police restraint to inquire into legitimate avenues
of investigation will increase to the detriment of society's well being. Police
officials whose physical bravery could not be challenged may opt not to contest
the politically correct version of public safety. It might be important
to touch on the fact that distrust of the police is not necessarily founded in
our practices with such individuals but a result of several other factors not
under our control. Since the early 20th century, immigrants from all parts of
Europe fled oppression much of which was carried out by military or police-like
agents. They related their tales to the first and second generation within the
household. The immigration from Asia and South America held the same anti-police
history for many of the new arrivals. The black experience in early American history
failed to exhibit much police trust on their behalf. Unfortunately, while not
the fault of today's police there continues in my judgment a reinforcement of
police mistrust on the part of former victims and their offspring. I believe if
the police and the community could understand these long held beliefs, the officers
could deal better with the obvious frustrations that occur when dealing with public
mistrust. If we can break down the false barrier of us versus them, all will benefit. The
police must be quick to apologize for bad behavior and not wait for a full disclosure
that comes too late. The accusation damage has been solidified in the minds of
the citizenry. A court verdict and or a prosecutors press release are no longer
a comfortable fit given the immediate and continual intensity of publicized incidents.
With the media's assistance the public should accept a police apology, place it
in its appropriate context, and work with the police to improve the system and
not destroy it. Police ordinarily perform a minimum of 20 years prior to
retirement. For even those officers with the best of intentions, it may be too
long to ask an individual to continue in a job with a lifetime of stressful situations.
Police interact with difficult people without the benefit of being allowed to
vent. They function in a community where the ordinary citizen is permitted the
choice of flight or fight when encountering danger. In the police officer's case,
his/her choice is limited to go towards the danger. Over a period of years, officers
may hide their concern through alcohol or drug abuse or unhealthy family habits.
Equally bad is the development of cynicism and apathy by the officer towards his
charge. Giving one an opportunity to vest after five years with increments to
subsequent early retirement might prove beneficial to the citizen, the officer
and the agency. The Community-What is it They Need to Know? Ironically,
the police community in some respects is similar to those minority groups they
appear to be in conflict with. The police are often judged by the misbehavior
of a notorious few. Yet, unlike other minority groups, they fail to get a supportive
defense from the media, the community and an increasing number of political representatives.
The police have a right to question why so many accept police criticism as gospel. The
police have a right to be cynical and frustrated when engaging self-appointed
community leaders whose life's work seems solely to targeting police activities.
For years these leaders have inflamed community tension mostly with unfounded
police misconduct accusations or grossly exaggerating a police situation. Year
in and year out the police watch these individuals anointed and highlighted by
the press but never challenged by the media, the political infrastructure or even
respected community leaders. These self-styled leaders never appear to role up
their sleeves and engage in the difficult task of reconciling distrust and improving
police/community communication. Even worse, is the fact that these individuals
are rarely involved in the productive aspects of community life such as improving
the educational needs of the young members of their community so that they can
enjoy the fruits of this nation's economic evolution. Some well meaning,
others not so intentioned ask for a level of safety that cannot be produced. It
is not simply an issue of money and resources or a need for recruitment. Even
police oversight, however constructed, may not address the concerns of a diverse
population. The debate may include all the above but it can only lead to evolving
success when we recognize the 290 million people view the police function and
its role differently. Based on how they were raised at home, taught at school,
listened to their peers and identified with segments of the media and developed
a subsequent political philosophy they will judge their police differently. Two
people can view the same police incident and walk away with a different version
of what took place. Given a polygraph, both would probably pass because both told
the truth as they saw it. Their truth was based on their differences. Police
are often required to problem solve circumstances that provide little training
expertise or resources that would address or mitigate a serious social concern
(i.e., spousal abuse, emotionally disturbed individuals, disruptive school children
and racially disparate situations to name just a few). Aside from the social needs,
they have to respond to physical crises involving gas eruptions, crowd control,
fires, massive accidents, etc. Additionally, they provide the band aid response
when other governmental agencies are not operational. Unlike their fire department
counterparts, who wait for the citizen's call for help and respond often in heroic
situations, the police have to be a physical presence on the streets unable to
pick a heroic moment. Hence, we love our fireman and suspect our police. There
was a time when the American Civil Liberties Union's (ACLU) role was more of a
gadfly at the table of public opinion. Obviously they served an important and
constructive role within the public arena raising legitimate concerns over constitutional
issues. Today, it appears that their influence is such that they have first approval
over any issue affecting the public. We should debate whether it is their seal
of approval or intimidation that we are subjecting ourselves too. America's
social problems, I suspect, are not simply solved by addressing economic issues.
All our ills are not rooted in material deficits but something more intangible.
Both liberal and conservative philosophies suggest deficits of habit, mores, values,
even civility necessary for a thriving and just society. Such deficits can be
found spanning a diverse economic universe covering low income, middle class and
the affluent community. In the sixties we lost respect; shame in the seventies;
and civility appears to be the current casualty. The police are impacted by these
issues but not capable of solving them. Throughout our history we have been
called a melting pot because of our diverse immigration population. In many of
our large urban centers you can find over one hundred plus different languages
spoken in the homes of our students. Assimilation and group respect in some cases
came grudgingly and not without struggle. Today's immigration, both legal
and illegal, continues amidst struggle and rejection but with two distinct changes.
Where Europeans were once the dominant factor, it is now non-Europeans and more
distinctively people of color who are seeking the American dream. The second major
change is the existence of federal and state law to protect newcomers that did
not exist for those earlier arrivals in the 20th century. These protections can
be a source of conflict between the earlier and current migration groups. The
term melting pot was often spoken with pride. Today, our new immigrant society,
despite the same wants and desires, many find themselves in what could be termed
a boiling pot encouraged to remain culturally diverse and more group-oriented.
Why does this pose an issue for the future of policing? Because as more and more
people identify with their former culture, their fears and slights will be exaggerated
by agitators, the media and the political process. As the police have proved to
be a worthy scapegoat in the past, highlighting social prejudices, discriminatory
practices, history will continue to repeat itself. Whether we are to plan
for educational growth, social welfare, the police service must plan its anti-crime
program on issues relating to robust legal and illegal immigration. Government
institutions are placing their heads in the sand if we don't recognize the real
potential for balkanization, group dissension and dissatisfaction created by reality
and activist-inspired have and have not disparities. The psychological aspect
of scapegoating will emerge in direct relationship to the economic, racial and
criminal justice gap believed to exist. The police will be the most obvious target
for scapegoating. Their work is important but can be distorted to inflame and
separate communities. One of the issues that have complicated policing is
the notion that every act of physical contact can be applied or labeled police
brutality. It is possible an officer could find him/herself in a situation where
even a reasonable person would accept some form of justifiable physical response
on the part of an officer (i.e., slap in the face resulting from tremendous provocation;
a slight shove, or even a foolish or intemperate utterance). Any and all of these
situations would result in departmental charges of unnecessary force or conduct
unbecoming an officer. Over the years I have questioned why society has moved
psychologically light years in advancing the notion that people under stress have
a need or a right to vent. This type of stress and release apparently is confined
to everyone except law enforcement personnel. Police officers, when faced with
conflict accompanied by danger and similarly vent are often charged with brutality.
The net result is that the public is conditioned to expect and anticipate a pattern
of response behavior that isn't found within other professions including those
requiring a Ph.D. When dealing with police misbehavior and questionable
service, the public should be aware that a number of prerogatives were bargained
away in labor management negotiations that had an adverse effect on policing.
While there are many, several come to mind--many departments cannot change a working
tour or day off to meet a commitment without negotiating, disciplinary action
must meet rigid legal standards that essentially create barriers to simple common
sense resolutions. Some are necessary, as police officers in today's environment
require the same protections as those they are sworn to protect. But too many
municipalities gave away the police's ability to manage in lieu of salary increases.
Police management and community service are paying the price. It is probable
that today's police executives are better educated and trained to execute their
duties in public safety. The problem in the writer's opinion is their inability
to defend those policies, procedures and actions when the results are challenged
in an incident. The police service, as a body, must market more effectively what
it is they do, how it is accomplished, and just as in any profession, cope with
the occasional bad practices, errors and omissions. It is somewhat perplexing
to this writer that the police may have less then 10-20 questionable police shootings
in the nation annually. Yet we read periodically about questionable hospital fatalities
listing as many as 100,000 yearly. Why is there no constant drumbeat of protest
targeting that industry? Undoubtedly, it has its critics. It is possible that
the nature of the police function amidst great evil and wrongdoing diminishes
our public respect. Because we function amidst great evil, is there a sense we
become tainted? We can't change our working conditions but we need to remind the
public that the police have to deal with individuals and situations that the general
public finds distasteful. The fact that we deal more often with evil, corruption,
crime, loss of integrity and violence does not make us candidates for such proclivities.
It may be necessary to continually remind the public of that fact and act quicker
to respond to accusations of improper racial profiling, brutality and corruption
or any activity that catches the attention of the media or the political process.
The notification process may require around the clock police media availability
necessary to keep pace with hysterical and image damaging accusations. Someone
once said that, "A lie is halfway around the world while the truth is just
putting his pants on." If we can't afford the staff then we must have specifically
trained ranking personnel available to meet this increasing challenge. Both
the line officer and the public need to recognize that the police executive role
is not only demanding internally but difficult given the public oversights and
external pressures in today's world. While physical cowardice is a rare or non-existent
commodity in police circles, the executive's role is further challenged by the
notion of mental toughness. Despite membership in a variety of professional associations,
it can be a lonely job. Regardless of the size of the organizations one can be
isolated within the agency. He or she came to the position by an appointing power,
mayor, city manager, governor, etc. Your appointment is greeted by opposing groups
and you are expected to turn things around. If you came up through the ranks your
role models may have been "get along, go along" guys. Realizing that
tenure could be 2 ½ to 5 years, executives may consciously or subconsciously
minimize or avoid difficult decisions. In some police administrations the executive's
ranking officers are not the individuals he would have chosen. The community
at large should consider whether politically correct thinking is not simply proselytizing
but persecution of others' viewpoints. When observed in action, one wonders if
the opposition is not only denied the right to debate an issue but even hold a
contrary opinion. We should recognize that if we can't debate an issue we can't
alter public policy. Thomas Jefferson may have had political correctness in mind
when he wrote, "No man has a natural right to commit aggression on the equal
rights of another and this is all from which the laws ought to restrain him." Today
there appears to suggest there are many real and imagined differences that pull
us apart. The politics of "group identity" (race, sex, sexual orientation
and ethnicity) rely on differences. Many new immigrants feel drawn to their native
country while similarly embracing their homeland. That is natural and their right.
However, unscrupulous activism and political pandering distorts those feelings
jeopardizing the traditional assimilation process by its constant attack on our
nation's history and its institution, the police being one of its most visible
targets. There are beliefs about this country that bring the best out in
us. It has inspired Americans to give their lives defending our ideals. The police
as an institution should and can be an example of the best. Police executives
bear the responsibility to ensure such, but it is not their burden alone. We must
in the most appropriate, creative and marketing of ideas respond to the current
trend in attacking our police delivery of services system. We must enlist community
allies in this challenge. We owe no less to those who have gone before us, but
more importantly to those police executives who come after us. Note:
This paper was written prior to September 11's terrorist attack on the World Trade
Center and the Pentagon. The police along with their firemen comrades are receiving
well-deserved accolades for their service and sacrifice. The police critics have
been silenced, but sadly if history is any judge, not for long. Endnotes 1
The Lichter-Rothman Survey of 1980, cited in William Buckley's article on the
"Press Prejudice", NY Post 5/21/01 - 80% of the media elite had voted
Democratic in every Presidential Election from 1964 to 1976. 2 This political
partisan trend has apparently continued up to the current 2000 election. The media
and partisanship was widely publicized after Clinton's second election. Jerry
Nachman, former editor of the NY Post and Vice Chairman of CBS News NY, while
speaking at the FBI National Executive Institute in Sun Valley, Idaho (June 2001)
advised that the media itself acknowledges a 90 plus percentage of Democratic
Party electoral support. 3 Article reprinted in the NY Post, 6/10/01, citing
a Washington Post article by UCLA Law Professor, Eugene Volokh. 4 Article
"When Cops Kill, Someone Should Count," Professor James F. Fyfe, Washington
Post, 7/8/01. Mr.
Connolly retired from the New York City Police Department, retired as Chief from
the Yonkers, New York, Police Department and retired as Vice President of the
Merrill-Lynch Corporation.
The National Executive Institute Associates Leadership Bulletin
editor is Edward J. Tully. He served with the FBI as a Special
Agent from 1962 to 1993. He is presently the Executive Director
of the National Executive Institute Associates and the Major City
Chiefs. You can reach him via e-mail at tullye@aol.com
or by writing to 308 Altoona Drive, Fredericksburg, Virginia 22401
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