Research Essay (15%) Week 12 This assignment is structured to assess the skills and content of the course, and the following learning outcomes: • Practice college level reading strategies • Identify the thesis and main ideas in written models • Compose structured paragraphs • Apply conventions of grammar and punctuation to written assignments • Practice editing skills • Develop vocabulary skills • Apply the APA style of documentation to written assignments • Complete a short research assignment • Identify communication strengths and weaknesses Instructions: This assignment represents a culmination of all of the skills that we have covered in this course. Students are required to write a 5 paragraph research essay that is approximately 2-3 pages in length (not including the title page and the reference page), which adheres to APA standards. This essay should be argumentative in nature. Your essay should include a minimum of 5 research sources (at least 3 of which must be from the Sheridan Library Database). The rubric will evaluate grammar at 40%, content at 40%, structure/organization at 10%, and APA formatting at 10%. Running Head: STOP AND SEARCH POLICY Stop and Search Policy Name Instructor Course Institution Affiliation Date 1 STOP AND SEARCH POLICY 2 Stop and Search Policy The stop and search is a policy purported for improvement of policing for the goodness of the community. However, the topic has raised various controversies in the policing sector in the changing legislation. Bowling and Phillips (2007) quoted Lord Scarman, ethnic minority member, who asserted that the stop and search is a good mode of controlling and reducing street crimes especially basing on the Brixton riots. Nevertheless, the extent to which it is conducted should be limited, whereby, community consultation ought to be involved. Though crucial, the stop and search has caused more challenges in the society. Despite the effectiveness of stop and searching controlling crimes for the purpose of the community, it has disregarded the community concerns and therefore ought to be regulated to certain extents. Stop and search has faced complaints of discrimination on the basis of gender, religion, racism and national origin among the police. Lord Macpherson has raised issues on members of the Asian and black communities whereby it has been reported to having heightened distrust among the police due their inappropriateness in conducting the stop and search (Radford, Betts & Malcolm, 2006).Basing on the same perspective, stop and search has been associated with murder cases for instance the Stephen Lawrence murder case. Therefore, the stop and search should be recorded and publicized which means that it will be conducted under some sort of surveillance. Additionally, this calls for further training and recruitment of officers. Stop and search has in most instances been associated with police corruption. The police may tend to commit crimes for their personal gains. For instance, they may conduct the stop and search in a discriminatory arrest, bribery, verbal and physical harassment as well as selective enforcement of the law. However, as Johnson (2004) asserts, this form of corruption goes STOP AND SEARCH POLICY 3 unnoticed as reported by the National Institute of Justice, “The measurement of police integrity”, as most cases of police corruption incidences going unreported. In 1998, the federal General Accounting Office reported evidence in growth of perjured testimony on illegal searches. Under section 42 of the civil Right Act of 1964, the law protects all individuals against any form of unjustified arrests and discrimination on the basis of race, gender or ethnicity (Frederickson, 2010). The stop and search violates the human rights on privacy or family life. Under the fourth constitutional amendment, every human being has a right to privacy and authorized searches. Thus, stop and search should only be conducted for instances or situations where there are hardly any alternatives such as searches on terrorists (Patel, 2012). This is according to section 44 of the 2000 Terrorism Act. Therefore, it should be conducted in reason able suspicion only, for instance, where the police are aware that a terrorism act may be performed somewhere. Therein, every individual is entitled to authorized stop and search. In instances where there are no legal bases, stop and search ought to be conducted regardless of the individual’s consent. In conclusion, though crucial in detecting crime in the streets, the stop and search actions should be regulated and only applied in certain extents. Stop and search has been associated with instances of corruption, discrimination and breaching of privacy human rights. Therefore, its application ought to be regulated to certain extents in regards to the communities’ priorities. The stop and search is effective, however, though designated for the purpose of the community, stop and search policy disregards the community concerns. STOP AND SEARCH POLICY 4 References Bowling, B., & Phillips, C. (2007). Disproportionate and discriminatory: reviewing the evidence on police stop and search. The Modern Law Review,70(6), 936-961. STOP AND SEARCH POLICY 5 Frederickson, H. G. (2010). Social equity and public administration; origins, developments, and applications. Public Integrity, 11. Johnson, D. T. (2004). Police integrity in Japan. The contours of police integrity, 130-160. Patel, T. G. (2012). Surveillance, suspicion and stigma: Brown bodies in a terror-panic climate. Surveillance & Society, 10(3/4), 215. Radford, K., Betts, J., & Malcolm, O. (2006). Policing, accountability and the black and minority ethnic communities in Northern Ireland. Institute for Conflict Research. OPEN JOURNAL SYSTEMS Journal Help Home > Vol 1 (2004) > Sunahara The Canadian Review of Policing Research (2004) ISSN: 1710 6915 A MODEL OF UNETHICAL AND UNPROFESSIONAL POLICE BEHAVIOUR David F. Sunahara Dr. Sunahara is leads the research program at the Canadian Police College. The research on which this summary is based was carried out in 2003. The views expressed are those of the author and do not necessarily represent those of the Canadian Police College, the Royal Canadian Mounted Police or any government department or agency. Dr. Sunahara may be reached at dave.sunahara@rcmp-grc.gc.ca or at 613.998-0797 Introduction Ethical behaviour is learned, and like all learned behaviour, is shaped by experience. In an environment where temptations and threats are few, acting ethically comes easily. In more hostile environments, where temptations, insults and threats are commonplace, acting ethically poses a greater challenge. And this is the dilemma facing police. They work in a professional environment that challenges the high ideals that draw new recruits into policing. The weakening of high ideals is more than a normative issue. It also represents a change in the attitudes and values of officers. As such, it can be subjected to social-psychological investigation. In this essay I draw together various strands of research to model the processes that may explain the relationship between a challenging professional environment and unethical behaviour. The Model The model begins with four givens: the corrosive street environment, an unsupportive workplace, idealistic, motivated officers and the police subculture. The model argues that each of these shapes the emotions and personality of officers and that these changes contribute to various forms of unethical and unprofessional behaviour.1 The Corrosive Street and Organizational Environments Police officers are caught between the harsh world of operational police work and an organizational environment that can add its own injuries. Operational police work is characterized by the conflict inherent in attempting to control the behaviour of others. Police are also the bearers of unwanted news and the duty-bound accomplices to actions they personally see as unjust or simply fruitless. Police work obliges officers to function in a world where hypocrisy is made manifest. They see behind the facade of respectability and witness the sinister behaviour of ostensibly good citizens. The harsh professional world of police goes beyond these direct dealings with the public. Critical media and political commentary and hostile private observations are part of everyday life for police. The organizational environment is often no less harmful. Research2 describes an organizational environment where shift work, intrusive policies, authoritarian management, onerous paperwork and a lack of respect often characterize the organizational life of rank-and-file officers. So instead of acting as a refuge from the hazards of the street, the organization adds its own insults. The Corrosive Environment and Affective Behaviour The psychological consequences of working in corrosive environments are threefold. Most obviously such experiences generate emotions that lead to affective acts that violate the norms of democratic policing3 . Police are all too familiar with the sequence of events that begins with a high speed pursuit and ends with the pursuing officer assaulting the offending driver. But such emotion-driven behaviour is not limited to the street. Affective acts also accompany the insults delivered by the organization. The filing of vexatious grievances and complaints, the undermining of management controls and the ongoing criticism and conjecture over the motives of management typify the affective acts routinely seen and heard in police services. The Corrosive Environment and Entitlement While heightened emotions may be transient, other changes may be more long lasting. The corrosive experience of the street and organization may change how police see themselves and the world they live in. Gilmartin4 argues that the harsh treatment accorded police officers causes them to see themselves as victims. And as victims they develop a sense of entitlement. That is, they begin to feel that they deserve special compensation for the harsh treatment accorded them and the onerous duties they must perform. Unethical behaviour arises when officers’ demands for compensation overrides their public duty. The compensation sought by police can take a variety of forms. At one end are the illegal material benefits an officer may extract from the public or organization. At the other are psychological rewards. Public deference and officers exploiting their position to obtain sexual favours are examples of the psychological rewards demanded by some officers.5 Regardless of whether the compensation sought is material or psychological in these cases, the public good is sacrificed in the pursuit of private interests. The Corrosive Environment and Alienation An abrasive environment, in the office and on the street, can also cause officers to redefine their relationship with their employers and the larger community. This aspect of police work has received substantial attention. The alienation of police officers, or as it is often labelled police cynicism, has two dimensions: mistrust and hopelessness. The mistrustful officer constantly searches for ulterior motives, conspiracies and ambushes and their absence is merely proof that the enemy is clever. This mistrust is not the same as the prudent wariness that every police officer must possess. It is a debilitating and bleak world view that causes the police officer to engage the world with extreme and unfounded pessimism. Hopelessness, the second dimension of alienation, is the sense that there is no light at the end of the tunnel. The alienated officer sees the future as bleak and that all effort is pointless. The alienated officer sees no reason to be loyal to the rules of society or the police organization. And those that represent the rules, such as police managers, are also deemed unworthy of the officer’s loyalty. Under these conditions, the pursuit of private interests becomes permissible and can be rationalized on the grounds that, in a corrupt world, there is no reason not to seek personal advantage. Professionalism demands the diligent performance of duties. But from the alienated officer’s perspective there is little reason to strive in a corrupt, hopeless world. Thus diligence can become a victim of the corrosive environment too often found in policing. Acts such as careless recordkeeping, tardiness, poor deportment, and so on, can begin to characterize the performance of the alienated officer. While such actions are not commonly seen as moral issues, they clearly fall in the realm of unprofessional conduct. And as such they must be addressed in any discussion of professional ethics. Police work brings officers face to face with the hierarchical structure of Canadian society. All largescale societies contain a complex, vertical arrangement of groups scattered along continua of wealth, ethnicity, race, religion, and so on. And invariably, some of these groups come into more frequent contact with police than others do. Repeated exposure to such groups can lead to the development of stereotypes, namely simplified representations of group membership. Visible markers such as skin and hair colour, dress, residence or lifestyle figure prominently in these stereotypes. Developing stereotypes is a normal psychological process to which everyone is subject. This normal process, however, becomes problematic for democratic policing when these images gain control over an officer’s behaviour, when the officer reacts, not to the substance of a person’s behaviour, but to the markers of group membership6 . The nature of Canadian society and the nature of police work may combine in this way to threaten the integrity of police officers. A Corrosive Environment and Noble Cause Corruption An aversive work environment may create more complex consequences for police than for other workers. For police officers bring to their work a sense of mission7 . When this sense of purpose collides with an alienated world view, the sense of mission may survive but allegiance to procedural justice may be left in tatters. Procedural justice gives way to rules of the officer’s own making, and valued ends come to justify illegitimate means. This aspect of unethical police behaviour has been labelled “noble cause corruption”8 . It can underlie such problems as wrongful conviction and the use of excessive force when officers assume personal responsibility for ensuring the guilty are punished. This same pursuit of noble ends and disregard for acceptable means can also be found in an officer’s relationship with his or her employer. Whistle blowing and a willingness to cut policy corners in the name of effectiveness and efficiency can often be seen in policing. A Motivated Workforce Police recognize that they more than most are motivated to do good and to serve the public interest. They are also aware that this dedication has placed them in a taxing and sometimes dangerous profession. This awareness can translate into a sense of being part of an elite group, a sense that is probably reinforced by the social isolation of many officers. Because of this, the image of the knight errant may figure prominently in the minds of some. Both good and ill can come from this selfdefinition. It can lead to extraordinary focus and dedication but it can also lead to a sense of entitlement, a sense that he or she is deserving of more than those who do not play such a heroic role. And heroes can, in their own minds at least, justifiably seek rewards to which others are not entitled 9 . This elitist and heroic self-image can be the precursor to placing private interest above the public good. Bringing a sense of public service to a taxing profession has one additional consequence. And like the situations described above, the public may find itself poorly served as a consequence. Those whose work represents a vocation are far more prone to burnout than those for whom their job is just an economic necessity10 . And the consequences of burnout may be indistinguishable from the negligent and indifferent performance of those who care nothing for their work. Diligence, a trait of motivated police officers may become a victim of the very dedication that brought them to policing at the beginning of their careers. The Police Subculture While not synonymous with the police occupational subculture, loyalty is one of its dominant features. And loyalty, as an important sub-cultural value, transcends time and space. Police from very different societies value loyalty, and this universality is explained by its being instrumental for those who must face a hostile world11 . In such a world, loyalty is instrumental; it ensures one’s safety and success. Loyalty, as discussed here, is neither a virtue nor a vice. The value we assign it is situational 12. The object to which loyalty is shown determines its moral worth. The loyalty that causes a police officer to risk his or her life to save another police officer is virtuous because the life of that officer, like all human life, is valuable. The loyalty that underpins a cover-up is corrupt. Refusing to “rat out” other officers and backing up threatened officers serve very different ends. The first serves the private ends of police in the same way as accepting a gratuity serves a private end. And backing up a threatened police officer serves the public good just as protecting the innocent serves the public good. Discussion Figure 1 summarizes the arguments made in this essay. It portrays the hypothesized causal linkages that connect the police environment, culture and idealism of police officers to unethical and unprofessional police behaviour. Such behaviour falls under the headings of affective acts, noble cause and self-interested corruption, a lack of diligence and the prejudicial treatment accorded marginalized groups. Mediating between these two sets of variables are emotions such as fear and frustration, an alienated world view, the stereotypes that emerge in hierarchically ordered societies and the sense of being entitled to more than other members of the public. The state employs police to apply coercive force on its behalf. And to ensure that the trust that underpins the public’s relationship with the state remains undamaged, police must act ethically in the use of this force. But by assuming this legitimate coercive role, police are placed in an environment that can erode those personal qualities needed to ensure democratic policing. That is, the legitimate role of police and the performance of this role can become locked in a downward, self-defeating spiral. That there are so few Canadian officers who become trapped into this spiral is a testament to the character of Canadian police officers. If there is a failure, we should probably look to police institutions and their inability or unwillingness to hold officers accountable and to promote a healthy, professional culture. For police institutions, while they cannot change how the public acts towards police officers, have the power and obligation to ameliorate some of the consequences of this treatment. And by so doing, they will encourage the kind of behaviour that justifies the trust placed in police to use their coercive power ethically. Endnotes 1. This discussion is part of a larger research project undertaken by the author. This larger project includes a survey designed to test the main hypotheses presented in this essay. 2. Akiva M. Liberman.et al, “Routine occupational stress and psychological distress in police”, Policing: An International Journal of Police Strategies & Management, Vol. 25, 2002, 2: pp. 421439; Daniel C. Lee and Brenda G. Stoneham. 1993. Survey of Work Stress. Ottawa: Health Services Directorate, Royal Canadian Mounted Police. 3. For a discussion of this see Sean P. Griffen and Thomas J Bernard, “Angry aggression among police officers”, Police Quarterly, Vol. 6, 2003, pp.3-21. 4. Kevin Gilmartin, Ethics-Based Policing …Undoing Entitlement [Online]. [cited August 20, 2002]. Available from Internet: 5. The research highlighting the importance of demeanour and the police aversion to “ass holes” emphasize the importance that many police place on public deference. Clearly, there is an expectation amongst some police officers that they are entitled to respect and that the public should, at all times, defer to them. See for example, David A. Klinger, “More on demeanor and arrest in Dade County.” Criminology, Vol. 34, 1996, 1: pp. 61-82 and Robert E. Worden, and Robin L. Shepard, “Demeanor, Crime, and Police Behavior: A Reexamination of the Police Services Study Data.” Criminology, Vol. 34 1996,1: pp. 83-105 6. Stephen D. Mastrofski et al, “Police disrespect toward the public: an encounter-based analysis”, Criminology, Vol. 40, 2002, 3 (August 2002): pp.519-551. 7. John P. Crank, Understanding Police Culture. Cincinnati, Ohio: 1998, Anderson Publishing Company. 8. John Kleinig, “Rethinking noble cause corruption”, International Journal of Police Science & Management, Vol. 44, 2002, 4: pp. 287-314; Carl B. Klockars,”The dirty harry problem”, in Moral Issues in Police Work, edited by Frederick A. Elliston and Michael Feldberg, Totowa, New Jersey: 1985, Rowan & Allanheld Publishers: pp. 55-75. 9. Robert S. Pynoos, “Interpersonal violence and traumatic stress reaction”, in Handbook of Stress, second edition, edited by Leo Goldberger and Shlomo Breznitz, New York: 1993, The Free Press: pp. 573-590. 10. Ayala M. Pines, “Burnout”, in Handbook of Stress, second edition, edited by LeoGoldberger and Shlomo Breznitz, New York: 1993, The Free Press: pp. 386-402 11. Raymond G. Hunt and John M. Magenau, Power and the Police Chief, Newbury Park, CA: 1993, Sage Publications 12. R. E. Ewin, “Loyalties, and why loyalty should be ignored”, Criminal Justice Ethics, vol.12, no. 1, Winter-Spring 1993. Massive Toronto police corruption trial begins 5 officers face jury in case that stretches back to the 1990s By Dave Seglins , CBC News Posted: Jan 16, 2012 5:29 AM ET Last Updated: Jan 16, 2012 7:56 AM ET The jury trial of five former members of the Toronto Police Service drug squad begins Monday. From left to right are Ray Pollard, Steven Correia, Ned Maodus, Joe Miched and John Schertzer. (Ron Bull/Toronto Star) Five former Toronto police drug squad officers who were accused of beating and robbing suspects of drugs and large sums of money will go on trial Monday, accused of a conspiracy in which they allegedly falsified official police records to cover their tracks. The cast of characters See story timeline at the bottom of this page. John Schertzer: 54, detective sergeant in charge of Toronto Police Service (TPS) Team 3 Central Field Command drug squad. Charged in 2004 (conspiracy to obstruct justice, attempt to obstruct justice, perjury, theft over $5,000, assault causing bodily harm, extortion) Suspended with pay in 2004 through to November 2007 when he retired at age 50 with full pension. Steve Correia: 25 years service, suspended with pay eight years for conspiracy to obstruct justice, attempt to obstruct justice, perjury, theft over $5,000 and extortion. Ned (Nebojsa) Maodus: He was forced to resign from Toronto police in fall 2007 after being convicted of assault, threatening and pointing a firearm. He had spent years suspended with pay fighting numerous criminal charges including off-duty assaults, sexual assault, weapons and drug offences. He’s on trial for conspiracy to obstruct justice, attempt to obstruct justice, perjury, assault causing bodily harm and extortion. Joseph Miched: He retired from Toronto Police Service in October 2003 after 25 years and went into car sales in the Greater Toronto Area. The charges he faces include one count of conspiracy to obstruct justice, two counts of attempt to obstruct justice and two counts of perjury. Raymond Pollard: He retired from TPS in February 2008, after 20 years. He faces four criminal charges, including one count of conspiracy to obstruct justice, two counts of attempt to obstruct justice and one count of perjury. Rick (Richard) Benoit: He was charged in 2004 with conspiracy to obstruct justice, one count of extortion and one count of assault causing bodily harm. Those charges were stayed in 2008 due to delays. He has left the TPS and now leads a private security and investigative firm in Toronto, VP Protection. The charges against John Schertzer, Ned Maodus, Joe Miched, Ray Pollard and Steve Correia date back to the late 1990s and police drug busts they performed in which the Crown alleges the officers themselves committed a range of offences — from conspiracy to obstruct justice, to theft, assault, perjury and extortion. The five have all pleaded not guilty and on Monday will face a jury, after more than a decade and $14 million spent on investigations and prosecution in what is the largest case of alleged police corruption in Canadian history. Follow the trial on Twitter CBC News reporter Dave Seglins will be tweeting from the trial, follow him at @cbcdaveseglins. In addition, between 1999 and 2003, the federal Department of Justice, without any explanation, stayed some 200 criminal cases against accused drug dealers arrested by the officers. Prosecutors did so long before the officers were charged or given a chance to defend themselves against allegations of misconduct. Lengthy delays affect memories, witnesseses Six officers were originally charged in January 2004 after a Toronto Police Special Task Force led by a single RCMP chief superintendent spent three years investigating. In 2008, a trial judge stayed all charges, ruling that delays by the prosecution infringed on the officers’ rights. But in 2009, Ontario’s Court of Appeal rejected that and ruled a trial should proceed for five of the six officers, noting the complexity of the case. (Charges against Richard Benoit, though, were dismissed.) Toronto’s former mayor John Sewell, who heads the Toronto Police Accountability Coalition, said prosecutions of alleged police corruption in general can take years, likening them to organized crime trials in which defendants challenge every legal decision and ruling. "And they just go on and on and on forever," Sewell told CBC News, "because they hope, or the strategy seems to be, that they can drag things out for long enough that witnesses are going to die, that they’re going to move away, maybe to another continent, people are going to retire, everyone’s going to forget what really happened." Indeed, in the Toronto police case headed to court on Monday one witness has died, another has left the country and memories of all involved have no doubt faded. "Well it’s pretty extraordinary, to say the least," said criminology professor Simon Holdaway. Based in the United Kingdom, Holdaway studied the Toronto Police force extensively throughout the early 2000s. "One expects a public service to be able to sort out and go to trial quickly, and the police being one of, if not the, primary public service," he said. "I found it a policing system, in terms of its culture, that was kind of like 15 years behind what was happening in the U.K. It was extraordinary, really," Holdaway told CBC News, noting that unlike in Canada, in the U.K. all major police forces have dedicated anti-corruption units trained to rapidly deal with allegations of internal wrongdoing. Accused complain of ‘malicious prosecution’ The five accused have long asserted they are victims of a "witch hunt" within Toronto police and in 2003 several of them launched a $116-million lawsuit alleging "malicious prosecution" and "abuse of process" against the force, its then-chief Julian Fantino, as well as city overseers. The lawsuit remains on the books, awaiting the outcome of the criminal trial. All but one of the five men set to stand trial have retired from the force, many of them spending many years "suspended with pay" while collecting full benefits. In November 2007, former Det. Sgt. John Schertzer — who led the group of accused officers who were all members of Team 3 of the TPS Central Field Command drug squad — retired with full pension as he turned 50, with 32 years of service to the force. Steve Correia, 44, is still on the force but has been suspended while collecting full pay since he was charged criminally in January of 2004. QO N El 89% 5:46 AM late. sheridancollege.ca/ 3 : day and tomorrow DISCUSSION POST 5 - MODULE TT-Locked DISCUSSION POST 5 - MODULE 11 - Locked Apr 2, 2017 11:30 PM PSRV16298 Public Administration A Model of Unethical & Unprofessional Police Behaviour We as human beings are constantly faced with ethical dilemmas; personal or professional. Ethical dilemmas are problems where we need to make a decision or choose a course of action based on conflicting ethical principles or values. Those in the justice field will face unique ethical dilemmas that cut across a professional boundary. Ethics cannot be taught, it is a learned behaviour that is shaped by experiences. Based on the assigned readings, how does Dr. Sunahara's research explain the behaviour of the Toronto Police Officers who were investigated and subsequently charged? Your post must be 500 words. Be clear and concise. Your answer must be reflective of the articles. Do not use outside sources. Your post must make reference to Dr. Sunahara's article. A personal opinion is not to be included. Do not submit as a word document or in an email. Late submissions will NOT be accepted. Due: Sunday, April 2, 2017 at 11:30 pm DISCUSSION POST 5 - MODULE 11 A
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