Tuesday, July 21, 2009

Deep Thinking: The Moral Origin of Police Power

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed” – do these words from the Declaration of Independence haunt us when we are tackling a suspect? Perhaps they should.

Police power in the United States is derived, designed, and purposed differently from most other countries. We cannot imagine the absence of some mechanism in place to enforce protections for life, liberty, property, and the pursuit of happiness envisioned by the Founders, but they could not have foreseen our powerful ubiquitous modern police departments. There are a variety of internal and external controls on human behaviors that worked with some success prior to the arrival of today’s organized police. Our 21st century culture suffers the weakening of some of those controls such as religion, extended family, and strong long-lasting local community ties. The sheer volume of human interaction, cultural influences, and unprecedented anonymity add to criminal opportunity against which our police forces are now embattled.

We must be honest in recognizing that police power is the power of force and coercion. A glance at your equipment belt will verify this fact. A societal value associated with the capacity to force compliance is that this power must be held in reserve and used only in the most extreme circumstances. Understand that our practical application of this philosophy is not so clear and certain, but the general public views force in this way and it is good that it is so viewed, lest the baser nature of those holding that power perpetrate the diabolical abuses seen today in the streets of China, Iran, and Korea.

A sad and common mistake in interpreting the Constitution is that this grand document gives us rights. It does not. It recognizes rights that naturally exist – “God given” as our deist forefather Jefferson recognized them – and that the only thing government can do is to repress those rights or protect them. Therefore, our power is derived from the people and granted to us for the purpose of ensuring the rights of all. That power is to be exercised only in the interests of a greater peace and equality. Every citizen has the power and responsibility to intervene and be a peacekeeper, but we often stand in their stead to protect the weak and unawares. Our power is the equalizer against the opposing forces of disorder. It is this rationale that provides the only moral basis for use of force in gaining compliance with the law.

Power exercised in violation of our national design necessarily diminishes the goals of freedom, peace, and equality. When a police officer uses his or her power to exact vengeance or when a politician uses police power to create favor of one over another, then our treasured values are betrayed.

Deep Thinking: The Moral Imperative of Loyalty

The dyed fabric from the famous mills of Coventry, England in the 17th century kept its blue color so well that it was known as true blue. The color you bought was the color that stayed, without fading or changing. Is that you? Do you honor your highest and original values by remaining true blue? Can you state your most basic values that guide your daily behavior?

Loyalty is often expressed as if it were purely an emotion; the misting of eyes at the national anthem or a breathless vow of love in a moment of passion. I believe we need to understand loyalty as an act of will and intellect. It is this firmness of thought that will sustain our behavior within a solid ethical framework through a law enforcement career.

Our real loyalties are exposed in the grist mill of life experiences. In their book Theory in Practice, Chris Argyris and Donald Schon state “When someone is asked how he would behave under certain circumstances, the answer he usually gives is his espoused theory of action for that situation. This is the theory of action to which he gives allegiance, and which, upon request, he communicates to others. However, the theory that actually governs his actions is this theory-in-use.” This perspective on the contrast between espoused theory (our stated life principles) and our theory-in-use (what we really look like as we behave in the world) is an enlightening one for self-examination. For example, if we say that we are loyal to Constitutional principles, to a high morality, to the espoused values of our department, and yet falsify a use of force report for ourselves or a co-worker then we have established that our highest loyalty is to convenience and self-interest. Our true colors show, and they are faded and not true blue.

Without a clear reminder of what you really believe and live for, the expediency of the moment may prevail and betray your higher aspirations. A loss of focus that allows us to drift from our highest ideals can contribute to burnout and misconduct. A visible cornerstone for your primary, ethics-defining loyalty can have refreshing preservative value to the soul. Your cornerstone might be a cross or wedding ring worn daily. For others that reminder might be a family photo on the visor in the patrol car. For some it might be a daily ritual or reading. I recommend a written personal mission motto.

A personal mission motto articulates your values so that you are compelled to define them. A motto or mission statement is the central measure for your life’s work and provides a standard against which to measure your decisions. My father was a WWII veteran who gave a lot of effort to the American Legion whose motto was “For God and Country”. All that he lived for, even the mundane tasks of work and family, was embodied by that phrase. Others might say “Family First” or “Remember Your Mission” or “Liberty and Justice”. Finding your cornerstone can help you through the day, and perhaps help you survive the worst days of all. What is your motto?

Saturday, May 23, 2009

Be The Advocate These Invisible Victims Need

Another repeat victim. Voluntarily going back into a situation where violence is virtually assured to repeat itself. Why do they do it, why don’t they just leave? Do they really love everything else about their lives that they willingly accept the brutality they risk every day? Is it a sense of moral obligation? Can it be, as some experts say, that they are addicted to the drama and trauma of it all? Is it for the kids? Do they think they deserve to be treated with contempt and disrespect? And yet there they all go, suiting up for their shifts, climbing back into their marked patrol cars, making themselves a target for the next assault.

Supervisors and other police leaders need to be leading the way toward a new awareness and attention to police officers as victims of crime. Every state in the union requires compliance with a lawful arrest therefore resisting arrest is a crime. Assaults against police officers are, in theory, punished more harshly because of the great risk to social order symbolized by such crimes. Every state has victim’s rights laws and as far as I know being a police officer is not an exemption to their provisions. How can you help your officers?

1. Affirm their right to be free from assault. Yes, it’s going to happen – no, it’s not just part of the job that you have to suffer though with no recourse. According to a recent survey, fewer than 10% of officers believe that getting assaulted is “just part of the job” with no expectation of prosecution. However, over 15% of those same officers thought that their supervisors expected them to take hits, kicks, punches, and pushes without complaint. Over 40% thought their prosecutor thought very little about prosecuting assaults on officers.

2. Be a strong advocate with your supervisors and prosecutors for criminal charges against assaults on officers. Only 18% of officers surveyed thought that prosecution for assaults on officers was aggressive. Officers perceived that assaults against officers were among the first charges dropped when a defendant faced multiple charges. Almost half of officers felt that felony charges were prosecuted as misdemeanors.

3. Know your victim’s rights laws and make sure police officers are afforded the same rights as other assault victims. Nearly half of officers who saw charges filed were not told of the disposition of the case by the prosecutor. Three quarters of officers were not asked for a victim impact statement or consulted on sentencing. Officers have legal rights to victim notification, victim compensation, and the right to sue offenders. Officers should be guided on accurately describing their victimization on the victim impact statement including the effect the crime had on secondary victims such as family and co-workers.

4. Consider the long-term affects of repeated victimization. Over 80% of officers reported having injuries they did not report and over half stated they had been assaulted but did not consider themselves “victims”. Fifteen percent of officers did not report because of fear of peers thinking they were “wimps”, and the same percentage of officers reported seriously considering leaving police work because of the dangers. One third of officers report having personal property vandalized because of their job. Most officers have been threatened with off-duty assaults, threats of lawsuits, or with threats to make the officer lose his or her job.

5. Investigate the assault on the officer. When we respond to a report of an assault on a citizen we don’t hand the victim a camera and clipboard and tell them to investigate on their own. Why do we do it with police officers? A quarter of officers were investigated as suspects in a use of force violation when that officer felt that they were the victim. It is unconscionable that the officers who are victims of assault must investigate their own victimization with the likelihood that the report may be used against them in a criminal, internal, or tort investigation. They deserve an objective inquiry just like any other assault victim.

It is not possible to know how the lack of criminal justice response to victim officers affects the daily life of each officer. We need more research on the part this deficit of attention to victimization affects the careers, health, and ethics of police officers. Offenders should not get a free pass from the police or the courts to resist, threaten, and assault our nation’s protectors.

Stupid Mission Statements

The AllThingsToAllPeople Police Department’s mission is to enhance the blah blah provide blah blah blah and to blah blah zzzzzzzzzzzzzzz. Who cares? Mission statements and guiding values were the thing to do a few years back. They still have value and a place in our policy, websites, and in our hearts. However, if you want to read some good fiction and wonder what the heck some departments think their purpose is, check out random websites and look at some mission statements. This is an editorial piece so you can disagree if you want, but here are a few things I hate about some of your mission statements:

1. If you have the phrase “enhance the quality of life” in your mission statement that’s just wrong. What are you doing? Planting flowers? Imagine your community without the police. Is it “disenhanced”? No – It would be crime infested and chaotic. No watch commander stands before the troops at briefing and barks out “Awright coppers – get out there and do some enhancing”. Let’s stop the poetic language and just crush some crime.

2. Your own officers don’t know the mission statement. If they can’t quote or at least paraphrase the mission statement, then it’s not really your department’s core mission is it? Or is it your “mystery mission”, the one that’s on paper in your policy but is not written on the hearts of your officers? If the cops don’t know the mission, something’s missin’ – like a realistic mission statement.

3. By the way – did you mention anything at all about the fact that you are armed government agents with the power over life, liberty, and the pursuit of happiness and that you arrest bad guys and hope they go to prison? I don’t expect any mission statements that read “cuff ‘em and stuff ‘em”, but can we be a little more realistic? I miss the old “to protect and to serve”.

4. Stating the obvious implies that it’s not so obvious after all. Do you really have to say that you’ll have high ethical conduct? That you’ll enforce the law with integrity? That you’ll respect Constitutional rights? Did your officers and the public see that in your mission statement one day and say “Gee that’s a good idea!-Who woulda thunk it!” as though these things aren’t foundational values that go without saying? Me thinks thou protest too much!

5. Do you have a mission statement or an rambling essay on all things good? Some departments have a mission statement along with the vision statement along with the guiding principles statement and values statement that is longer than Constitution itself. If it’s longer than the Pledge of Allegiance or doesn’t fit on your business card, ditch it before somebody actually reads the whole thing.

Police work is a wonderful mix of services and expertise. We are heroes doing a thousand different jobs. But the one thing we do best that no one else can do is to bring the rule of law to criminals by use of force. We can enhance and empower and collaborate all day long, but in the end it’s our badges and guns and guts that make the difference. If that’s not in your mission statement you might consider sneaking it in someplace when nobody’s looking.

Saturday, February 28, 2009

The V.A.L.O.R. Project

One of the most overlooked groups of people victimized by violent crime is a population estimated at over 700,000 Americans. This group spans all ages and genders but the one thing they have in common is that they are police officers. Nobody in police work wants to call themselves a victim. After all, it’s part of a police officer’s job to take a kick or punch isn’t it? The V.A.L.O.R. (Violence Against Law Officer Research) Project is designed to discover how police officers are treated when they are a victim of a crime in the line of duty. The first effort of V.A.L.O.R. was an online survey taken by police officers all across the nation invited to participate by the researcher via emails and posts in police online forums.

The survey asked the question: “Who do you believe has the opinion that getting
assaulted (pushed, hit, kicked, spit on, etc) is just part of your job and that you shouldn't expect that these offenders should always be arrested, charged, or prosecuted”? Forty percent of officers said that their prosecuting attorneys felt that police officers should accept assaults as part of the job. Within police ranks, 17% of the officers thought their supervisors felt that way. Only 7% of officers agreed with the statement that offenders shouldn’t always be charged with assault and resisting; twice the number who believed their peers felt that way. This may reveal an aspect of police culture that makes officers perceive a greater sense of self-sacrifice than is necessary for effective policing. Over half of the officers surveyed (55%) reported that they had been assaulted but had not considered themselves a crime victim. Fourteen percent of officers surveyed felt that they were a victim but didn’t pursue victim services because of perceived peer pressure. The vast majority of officers are not getting compensation for injures or other victim advocacy services.

It is no surprise then, that over 80% of police officers have been painfully injured in the line of duty without reporting it or even seeking treatment. If officers believe that their victimization will not be taken seriously there is no incentive to document offenses against them. More than one in ten officers surveyed had silently seriously considered quitting police work because of the dangers of the job. Police officers surveyed had generally low confidence in prosecution of offenses involving resisting arrest or assaults on officers. Over 60% said that those charges are the first to be dropped by prosecutors in cases where multiple charges exist on an offender. Nearly half of officers saw felony cases prosecuted as only misdemeanors and 70% were not consulted on prosecution decisions or sentencing. Nearly 60% said cases were disposed of completely without the officer’s knowledge.

Unlike other crime victims police officers must conduct their own investigations into crimes in which they are victims. Few than one in three cases had an uninvolved officer investigating a crime committed against them. Only 3% of officers surveyed had sought their own compensation from perpetrators by filing civil suit for damages.

The lack of prosecution and victim services afforded to police officers who are victims of crimes perpetrated against them in the line of duty is not an indication of the infrequency of such offenses. Over half of the officers answering the survey report having been injured in an assault to the extent that they had to seek medical care. About one in four had lost time off from work due to injuries from an assault. Six in ten officers have, in the course of their career, been in a position to make the choice to use deadly force and over half had been assaulted with a deadly weapon themselves. One quarter of officers were investigated as a suspect when they were in fact a victim of an offender’s violence. As previously noted, over 80% of officers reported suffering painful injuries that they did not report or seek medical care for.

Police officers carry their risk for victimization off duty as well. Nearly a third reported that personal property had been vandalized because of their police officer status. Almost all officers have been threatened with lawsuits or job loss, and over 80% have been threatened by an offender that the officer would be attacked off duty. Two of ten officers have been assaulted or confronted off duty by offenders with whom they had previous on-duty encounters.

How frequently victimization of police officers occurs is poorly researched. The affects of those crimes is also currently unknown. If police officers seldom get services as crime victims, how does this shape their empathy for other crime victims? If those who should support the police – administrators, political leaders, and prosecutors – seem not to care when officers are injured, threatened, or resisted, how does this influence an officer’s mental health and physical well being? Are police officers less likely to refrain from using excessive force if they believe that crimes against them will go unpunished by the criminal justice system? How does victimization affect recruiting, retention, and performance of officers?

Based on the V.A.L.O.R. Project’s initial research the following recommendations should be pursued:

Police officers who are victims of assault should be offered all of the victim advocacy services that any other citizen would get. Police officers are not excluded from victim services and, in most states, failing to provide such services is a violation of law.

Police officers who are victims of assault or other offenses should have their case investigated by another officer or agency. No other victim of violence is asked to be their own investigator. If an officer is involved in a crash with his or her patrol car, no one would expect them to do the investigation, why is being assaulted so different? Police officers are often accused of misuse of force and may become suspects by accusations of offenders seeking legal or monetary gain from such allegations.

Police officers should have access to legal services to recover damages incurred from line of duty actions with offenders. There should be no legal barriers to police officers to exercise their rights to make a full tort action to recover all legally allowable losses.

Crimes against police officers should be prosecuted vigorously. Police officers should be encouraged to file appropriate charges and not let offenses go unpunished. Offenders should not be given tacit permission to resist and assault those who are appointed to protect and defend us. Citizen support groups, political leaders, and police professional organizations should be at the forefront in supporting prosecution of crimes against police officers.

Citizens must go beyond a general recognition that police work is dangerous. We must all be diligent to protect those who protect us, for we will all be better served as a result.

http://www.joelshults.com

Remember the Midnight Shift

Just remember me. I may not have my name engraved on a memorial wall or be saluted once a year with misty eyes and trumpets played. I don’t want to compete for glory or take away anything from those whose last heart beat was beneath a badge stilled at their last breath or lovingly adorned before they are laid to rest. Remember me in the glow of the patrol car’s console as I bumped through alleys on a quiet midnight shift, balancing a cup of coffee. Part of me is glad for the quiet respite from the back-to-back demands of dispatch. Part of me wishes something would happen because I’m wired for those adrenaline infusions that keep my soul alive. From some subliminal habit my mind balances a practiced calm against the constant scanning of my senses. A thousand cues are processed as sounds or silence, shades of shadow and reflections of light keep every atom at attention. I am ready to chase, ready to retreat, ready to rescue. To the happily ignorant observer I’m a dulled door shaker just waiting for the donut shop to open. But remember me as the warrior who, while my family and yours slept warmly, shared the darkness with the evil I was quietly hunting.

Just remember me. I may not have a war story of dodging a hail of bullets. Not many of us do. Remember that I was willing; why else would I wrap my torso in Kevlar every day? My life is a walk among weapons. Guns and knives are plenty, but I see the ball point pen, the cell phone, the ashtray, the boot, the mini-van all poised for a kill. Just to go to work requires attaching tools of destruction to my body, itself a weapon and shield. An officer of peace adorned with a half dozen ways to kill, inflict pain, and subdue. This same one who proudly assured those who hired him that he wanted to be a police officer to help people now heavy hearted that victory often means another man in chains. Remember me as a tormented crusader for all that is good, tainted by all that is not.

Just remember me. I may not show you my scars. I may not be among the many of my fellow warriors disabled by distress, but I am touched by their early deaths, their PTSD, their failed families, their addictions, and their bitterness. Remember that I could still smile and be quick with a joke and enjoy a good conversation. But know that I was always fighting pain. I cannot have pure grief for a fallen comrade at a police officer’s funeral without weeping for my own mortality. I cannot shake the reality that death is my constant companion. I cannot enjoy the luxury of looking at my own delightful children without thinking of the dead and broken ones. It is a discipline to sit down and eat a meal soon after binding up the wounds that left skin and blood on the asphalt, to touch a loved one in a loving way after you’ve touched the dead. Remember me as one who carried on with life surrounded by reminders of its brevity.

Just remember me. I may not have as many enemies as I imagined, but it was not because I watched too many cop shows that I always had my eye on the door in the restaurant and I never carried anything in my gun hand. Nobody knew that I was calculating my odds on being able to take on anybody in the room, that I was looking for snipers and pickpockets at the ball game, that I was always a little disappointed that there was not a robbery in progress when I went to the bank to cash a check, and that while I was singing hymns in church I was scouting trajectories to minimize crossfire just in case. Remember that I was 24/7 even when I didn’t want to be.

Just remember. It is what I tell myself. If I don’t celebrate my walk in this life I may, in my current comfort, forget the others still on the front lines of the ongoing battle. I mostly sit at a desk now. I have finally aged into my premature gray hair. My fingers are on business cards and laptop keyboards much more often than on Miranda cards and handcuffs these days. But I must remember the midnights. God forbid that I lay my head on my pillow and forget the men and women watching over the night to own it for me. Shame to me if I drive the highways and fail to remember why they are smooth and safe, or go to the voting booth and fail to appreciate why it is such an easy exercise in this nation. May I never leave a prayer unsaid for a siren sounding in the distance. I must not forget that nearly every block and section of the land tells a story of when a hero was there. They are my brothers and sisters whose hearts have beat beneath a badge. I am proud of them.

I remember.

Wednesday, January 21, 2009

The Civilian Soldier - Today's Police Officer

There are often comparisons made between the cops and those in the armed services. Uniforms, guns, public service, danger, discipline, all are characteristics commonly shared. Those who have and are serving in the ground, air, and sea services are to be commended and deserve honor befitting their service.

As I think about how our nation was able to restore the veterans' honor after the despicable manner in which our Vietnam era servicemen and servicewomen were treated during their time of service and the ensuing anti-war and anti-government, I ponder if we can restore a similar level of honor to those in police service.

Isolated cases of excessive force by police officers, as well as other police misconduct, have reinforced the already disturbing level of disrespect for our law enforcement officers. Having been out of active police work while I was teaching criminal justice in college, I have a little more objective view of policing than some who have been swimming in the world of police patrol for a while. My re-entry into law enforcement, even as an administrator, has made me recall some of the reasons I was drawn to the work as a young man. I have also been reminded of the craziness of this business and what it can do to the human pysche.

Soldiers train for combat and some of them experience it. There are a number of soldiers who have served in more than one field of combat and in more than one war.

Police officers suit up for combat every day. Not just every work day - every day. I was visiting with my adult son some weeks ago and I met him at a sports bar to watch a game. As is my habit I stopped just inside the entrance and stood to the side for a moment scanning the place. I looked to see where the doors were, where the cash register was, where everyone was sitting, the moods and body language and expressions of everyone within my sight, the places that were hidden from my view. I sized up everyone in the place and convinced myself that if I had to I could take them down. I looked for escape routes if I had to retreat, and calculated what I would say to my wife and son if I had to spring into action. This is the life of a police officer whose field of combat never goes away. The process of vigilence continues constantly and everywhere.