[Cprb] Why the police are hard to police
Fri Oct 3 22:39:55 CDT 2003
Why the police are hard to police
From New York to L.A., the latest charges of abuse show how tough it
is to impose civilian oversight on the ranks.
By Daniel B. Wood , Staff writer of The Christian Science Monitor
As the FBI investigates what some are calling the largest corruption
scandal to rock the Los Angeles Police Department in 60 years, the
story is following a script familiar to many American cities.
First come the headlines: "Police abuse alleged." "Corruption probe
widens." Then come shock and public protests, followed by calls for
more citizen oversight, new leadership, better police training, or
another in a long litany of reform.
The allegations this time in Los Angeles are that at least a dozen
officers abused their authority - from opening fire on unarmed
suspects to planting evidence, dealing illegal drugs, or covering up
their crimes by imprisoning at least one innocent man.
Recent history offers some stark lessons on the difficulties of
rebuilding public trust in the wake of police abuse.
Key among them is that citizen oversight of police - the solution
often touted as the most-needed remedy - runs into so many obstacles
that it can easily fail to accomplish "Society lacks in general, and
political figures and police administrators in particular, the
political will to take the steps necessary to institute real [police]
oversight, real accountability, real scrutiny," says John Crew, head
of the Police Practices Project for the American Civil Liberties Union
(ACLU). "It is a pattern," he adds, "that stretches from the president
to the Department of Justice, to statehouses, down to the local city
council and police chief."
Behind the limited progress is a host of considerations. Politicians
who built their careers on crime-fighting seldom become champions of
police-reform legislation. Police unions or top brass often resist the
"meddling" of citizen-oversight boards. And citizen boards, once in
place, have been known to render themselves ineffective by becoming
mired in politics and personality conflicts.
Sustained public will
But just as important, say some criminologists and police-watchdog
groups, is that the public at large seems unable to muster the
sustained will to follow through on police reform. Such grass-roots
activism, say Mr. Crew and others, is what brings truly independent
police commissions or a change of police leadership at the top.
That's not to say progress is nonexistent. The recent emphasis on
community policing has required a new spirit of police-community
relations, in which neighborhood residents need to be as willing to
aid police as they hope police are to help them.
In some communities the public has opted to pay for new technology,
such as video recorders for police cruisers. In a few, citizens have
lobbied long and hard for new laws that require videotaping of
criminal interrogations and confessions.
"Normal citizens have to keep up their energy and focus, instead of
letting it dissipate when the initial crisis passes," says Ilene Luna,
an authority on police reform at the University of Arizona in Tucson.
The citizen activism has reaped some rewards, experts say.
In most cities, police departments are more diverse than they've ever
been, having a larger share of women and minorities. Significant
increases in funding for training, including the education of beat
cops in interpersonal and communication skills, have also improved
police conduct in dealing with the public. And citizen concern has, on
occasion, prompted mayors or city councils to replace the man at the
top, the police chief, upon whom rests the responsibility for a police
culture of abuse or corruption.
But what has not been followed through on as successfully, say
watchdog groups, is police accountability.
Many observers say police departments resist the kinds of mechanisms
that seek to scrutinize, investigate, control, and discipline trained
professionals. This is especially true when such boards are run by
civilians who, in the eyes of police, don't know about the pressures
and skills needed for police work.
"Police unions and associations from the national to the local level
fight such boards tooth and nail," says Mary Powers of the National
Coalition on Police Accountability. "Without a watchdog organization
that has teeth, police know they can hide behind civil-service
protections until the latest scandal passes by. Then they come out
again when the coast is clear."
Others say the civilian boards themselves must accept some of the
responsibility for limited progress.
"Too many civilian police boards and police commissions have developed
a structure that won't upset the police," says Ms. Luna. "Too many
operate out of the public view; too many set up models where
everything is confidential."
The result, say critics, is a pattern of police abuse that seems to
repeat itself in major American cities.
*In New York, the police killing of Amadou Diallo, an African
immigrant, in a hail of 41 bullets brought a new spotlight on possible
abusive tactics by elite police units nationwide.
*In Riverside County outside Los Angeles, the December 1998 shooting
of Tyisha Miller, a black woman sitting alone in a car, raised
questions of racial bias in the police department.
*In Illinois, a recent finding that 12 of 25 death-row criminals were
wrongly convicted has opened a new dialogue on the tactics police use
to elicit confessions.
In the past week, at least a dozen LAPD officers in gang-fighting
squads have been implicated in a new scandal here. One of their own
has charged that police shot an unarmed gang member, planted a gun on
him to make the shooting look like self-defense, framed him, and lied
under oath to send him to prison for 23 years. Since the charges
surfaced last week, the man, now in a wheelchair, was released after
serving three years.
The case is leading federal investigators to revisit old cases to
determine the extent of the corruption, which allegedly centers on one
precinct in a mostly Latino part of the city.
This latest episode is seen partly as a failure by the LAPD to
sufficiently police its own ranks - and of citizen oversight to bring
real change to the department. It follows on the heels of the Rodney
King beating in 1991, which touched off a national furor after it was
captured on videotape.
In December, the city's first inspector general, Katharine Mader,
resigned, saying the Police Commission had undermined her position and
misled the public into thinking her job was truly independent.
An issue of confidence
While some claim such incidents prove police departments are not
improving, others argue they are the exceptions to a steady progress
since the Rodney King episode.
"The overwhelming preponderance of studies ... show that the American
public has confidence in police departments," says Hubert Williams of
the Police Foundation. "The problem in policing ... continues to be
that a small percentage of officers blemish the image of departments
that otherwise are making progress."
San Francisco and Pittsburgh are two cities that are credited with
operating effective review boards. Though varying in the amount of
formal power they wield, each has established trust among citizens and
police by avoiding partisanship.
"It's really about treating the police and civilians as equals," says
Mary Dunlap, director of San Francisco's Office of Civilian
Complaints. "You can't have the police be trusted simply because they
have a badge, or civilians think they are always right because they
are citizens."
"If you are going on a witch hunt or cop chase just for the chase, it
won't work," agrees Elizabeth Pittinger of the Pittsburgh Citizen's
Police Review Board, which has exonerated 70 percent of citizen
complaints. "The key is being balanced and fair."
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