CONTEMPORARY POLICE PROBLEMS

Some critiques have said that a small percentage of law enforcement officers who are responsible for the
misdeeds of the organization that have brought public criticism upon them. This very fact makes the indifference of
police heads to the situation all the more reprehensible subject to criticism. Generally, when the police administrators
are brought to task for permitting improper practices and misbehavior to continue, they are quick to blame political
interference, inadequate salaries, weakness of the law, and lack of public support.

The Police Problems

The problem on political interference can be a most destructive force and often it is a serious obstacle to
effective administration of the police organization, but it cannot be corrected by passive measures. A fundamental
responsibility of police administrator is to go and on, fighting for the ideals to the extent that political leader will finally
be convinced of political expediency of efficient law enforcement.

On the inadequacy of salaries, many believed that honesty and integrity couldn’t be purchased. Thus, when
the policemen are willing to accept responsibility as professionals and establish high standards of performance, then
they can expect recognition in terms of appropriate pay scale and reasonable allowances. Careful inquiry usually
discloses that those who are most deeply involved are the leaders in the politico-criminal malpractice. If the wages are
too low to attract men who are capable of effective service, then, it is the administrator duty to present the facts to the
proper authorities for correction and adjustment.

If the laws are weak and new legislations are necessary, then the administrators must see that the proposed
solutions are properly placed before the legislature for consideration and correction.

As for public apathy, a law enforcement agency does not meet the approval of the good citizens will not
succeed. Public support is the end product of faithful, honest and effective law enforcement for the people in the
community. Public support must originate with the people. It is a fundamental responsibility of police administrators to
clean their own ranks and must deal with the problems directly, promptly and effectively. Otherwise, the impatient
citizenry may take upon themselves to do the job for them.

Although the past many years of police development have record distinctive achievements, police services
have apparently failed to cope with increasing crime. Despite of substantial addition of personnel at all levels of police
service, statistics show continuing increases in criminal offenses and anti-social acts. Part of the blame may be
attributed to political interference, low salaries, weak law enforcement, public apathy or corruption of officials and police
officers.

But these factors are not the basic causes in the breakdown of police services. They are symptomatic of the
more fundamental factors, such as disorganization, lack of cohesion or inadequate and realistic leadership, defective
recruitment, inadequate personnel management and insufficient training. A situation of this character has a profound
effect on the public welfare as well as upon the law enforcers themselves.

The public has become increasingly critical on police service and as a result a significant number of loyal and
capable officers find them selves confused and fearful of the future.

Factors and Conditions which caused the Problems

Why Man Turns to Crime?

The causes are so varied as human experiences itself and man’s capacity for evil is matched only by his
capacity for good.

If experts in human behavior, sociologist, and police authorities are asked why man turns to crime, complex
and elaborate answers are offered that could be divided into the following categories:
 1. Biological- The impulsive and the temperamental are likely to blow their tops given a particular situation.
Obviously, certain types of temperament are prone to violent behavior – those whose tolerance levels are
extremely low.
2. Psychological – Too many frustrations, rejections and disappointments.
3. Environmental / Sociological
4. Economics
5. Political

Why Crime is on the Rise?

Crime is committed because of the following factors:

1. A need exist or the lack of something necessary or desirable

2. There is an opportunity
3. Specifically, the following situations provide opportunities for crime to take place:
4. Police Protection of the Criminals
5. The citizens distrust the police
6. Inefficient law Enforcement
7. Poverty
8. Others

Statistics from year to year show that on a nationwide scale, one crime committed every three minutes,
which means 20 crimes per hour. Theft, the leading index offense, occur every 16 minutes, followed by physical
injuries every 19 minutes, robbery 28 minutes, homicide every 39 minutes, murder every 49 minutes and rape every 6
hours.

Cost of Crime

The factors that go into the cost of crime and disorder are legion. In so far as lives lost, limbs broken and
mental anguish are concerned, the cost of crime is not quantifiable.

The cost of enforcing the laws can be categorized to three aspects: namely: 1. to the government, 2. to the
society, and 3. to the individual person. These costs to crime do not even include social costs associated with offenses
such as:

1. Victimization
2. Fear of Victimization
3. Cost of protection against crime
4. Operation of then Criminal Justice System
5. Welfare for offenders and families

Crime Factors

The causes of criminality and social disorder are numerous and occur in such complex variety of
combinations that their isolation, analysis and evaluation become extremely difficult. The prevention of criminality,
therefore, cannot be the exclusive task of one agency or organization. Crime is a social problem and the basic concern
of the entire community. The law enforcement effort as a rule is limited to factors within its control. It can only provide
support to the related effort of the pillars of the Criminal Justice System.

Some of the conditions that affect the volume, density and type of crime that occurs from place to place are
as follows:

1. Density and size of the community population area of which it is a part.

2. Composition of the population, particularly with reference to age, sex, race.
3. Economic status and mores of the population
4. Stability of population taking into accounts the percentage of commuter seasonal and other transient types.
 5. Climate including seasonal weather conditions.
6. Educational, recreational and religious characteristics
7. Effective strength of the police force
8. Attitudes and policies of the courts and correctional institutions and formal supportive organizations existing
in the community
9. Relationship and attitudes of law enforcement, including degree of adherence to crime enforcement
procedures and reporting standards.

Police Problems on Human Rights

Observation reveals that many police officers violate, in different degrees and circumstances, the rights of
people. As previously discussed in chapter ten, the violations of human rights in every state all over the world has
connection with the alarming negative effects of globalization.

With law enforcers’ involvement on human rights violations, it is proper to discuss the basic concepts on
human rights.

What is Human Right?

The term human rights is generally defined as those rights inherent in the nature of every individual person
without which man cannot live as a human being. The Commission on Human Rights defined human rights as the
supreme, inherent, inalienable right to life, to dignity and to self-development.

Who is a Human Being?

A human being is a person who possesses physical existence, a product of pro-creation. The term person
refers not only to a human being who inhabits the earth, but also contemplates an unborn child who has not yet seen
the light of a day.

What is Inherent Right?

An inherent right is one which is essentially a part of a person’s legal personality from the moment of his
birth. It is a right, which cannot be sold, transferred or in any other manner alienated to another person.

 Meaning of Life - Life means more than mere physical existence. It includes the right to live, free from
social damages against limbs or freedom from unjustified control.

 Meaning of Liberty - Liberty means the right of a person to act without any interference except in
accordance with law.

 Meaning of Property - The term property means everything which man may legally have exclusive
dominion and ownership.

When is a person deprived of his Liberty?

A person is considered deprived of his property without due process of law when it is physically taken from
him, when its value is destroyed, when its capability for enjoyment or its adaptability to some particular uses is
impaired.

What is due process of law?

The term due process of law means that law which hears before it condemns, which proceeds upon inquiry,
and renders judgment only after trial.
On Unreasonable Search and Seizure

Constitutional Protection

The protection afforded the people against unreasonable searches and seizure under Sec. 2, Art. III of the
1987 Constitution speaks of three things namely: The right to be secured in their persons, in their houses, in their
papers and effects.

Human Rights Violation per se

The following are classified as Human Rights Violation Per Se under Commission on Human Rights Circular
No. 001 – 88

1. Deprivation of life, liberty or property without due process of law. (Sec. 1, Art. III Bill of Rights under the
Constitution)
2. Violation of the Right to the equal protection of laws.
3. Violation of the rights of the people to be secure in their persons, houses, papers, and effects against
unreasonable search and seizure of whatever nature and for any purpose.
4. Commission of acts constituting illegal arrest and procurement of illegal search warrant.
5. The use of force, torture, violence, threats and other means that vitiate the freewill of any person or to do
anything or to sign a document against his will. (Sec.12 Art. III Bill of Rights under the Constitution).
6. Holding a person in a secret detention places, in solitary confinement, or incommunicado or other forces of
detention.
7. Employment of physical, psychological and degrading punishment against a prisoner or detainee.
8. Unexplained of force disappearance and extra-legal executions.

Human Rights are violated in different areas under any of the following categories:

1. The constitutional areas

2. The statutory area, whether civil or criminal
3. Where one acts in defense of one rights
4. Conflict of interest and of motives

The Constitutional Area

Human Rights subject to the violation fall within the protecting ambit of Art. III of the 1987 Constitution of the
Philippines entitled “The Bill of Rights” which includes those found in other provisions.

The Statutory Area - The statutory area includes those provided under Chapter 2, Preliminary Title of the
New Civil Code of the Philippines entitled Human Relations on the one hand, and those defined and punished under
Book Two of the Revised Penal Code, which include the following:

1. Those Crimes Against the Fundamental Laws of the State

2. Those Against Personal Liberty
3. Those Against Chastity

Where one act in defense of his rights - There are acts which a person commits in defense of his rights, he
thus, violates the rights of another as a consequence.

Conflict of interest, motives and disparity in the social and economic status of people.

Classification of Human Rights

1. Civil and Political Rights

  The right to life, liberty, security of person.
 Protection against torture and other forms of cruel, inhuman and degrading punishment.
 Protection Against Arbitrary Arrest and Detention
 Right against Slavery, Force or Compulsory Labor.
 The Right to own Property.
 The Right to Leave and to Return to one’s country
 Human Right in the Administration of Justice
 Freedom of Thought, Conscience and Religion and Belief
 Freedom of Opinion and Expression.
 Freedom of Association, including Trade and Union Rights.
 The Right of everyone to take part in the government.

2. Economic, Social and Cultural Rights

 The Right to Work

 The Right to Education
 The Right to Health
 The Right to Adequate Shelter and Services
 The Right to Culture
 The Right to Development
 The Right to a Clean Environment

The Bill of Rights

The Bill of Rights is the list of rights pertaining to persons. These rights are recognized, guaranteed, and
protected against invasion, reduction or destruction.

Article III of the 1987 Constitution provides for the Bill of Rights are as follows:

SEC. 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

SEC. 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

SEC. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety or order requires otherwise as prescribed by law. (2) Any evidence obtained in
violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

SEC. 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the Government for redress of grievances.

SEC. 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference,
shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

SEC. 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be
impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.

SEC. 7. The right of the people to information on matters of public concern shall be recognized. Access to
official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.

SEC. 8. The right of the people, including those employed in the public and private sectors, to form unions,
associations, or societies for purposes not contrary to law shall not be abridged.

SEC. 9. Private property shall not be taken for public use without just compensation.

SEC. 10. No law impairing the obligation of contracts shall be passed.

SEC. 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.

SEC. 12. (1) Any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except
in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms
of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him. (4) The law shall provide for penal and civil sanctions for violations of this section
as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

SEC. 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

SEC. 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all
criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a
speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed
notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is
unjustifiable.

SEC. 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or
rebellion when the public safety requires it.

SEC. 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.

SEC. 17. No person shall be compelled to be a witness against himself.

SEC. 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No
involuntary servitude in any from shall exist except as punishment for a crime whereof the party shall be duly
convicted.

SEC. 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress
hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The
employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

SEC. 20. No person shall be imprisoned for debt or non-payment of a poll tax.
 SEC. 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished
by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the
same act.

SEC. 22. No ex post facto law or bill of attainder shall be enacted.

Promotion of Human Rights

Under our laws and government administrative issuances the following are mandated:

1. The DECS shall include the study and understanding of human rights in the curricula of all levels of
education and training in all schools in the country, adapting the scope and treatment of the subject or course on
human rights to the respective educational levels. (Executive Order 27-86)

2. The CSC shall include in the examinations for government service the basic knowledge on human rights.

3. The Department of National Defense, the AFP and the PNP shall include the study of Human rights as an
integral and indispensable part of the education and training of all police, military, and other arresting and investigating
personnel.

4. The NAPOLCOM shall include in the qualifying examinations for police work a basic knowledge on human
rights. (Memo Order No. 26-86).

Police Problem on Graft and Corruption

The malady is the result of rampant criminal activities of public/private officials using their influence and
positional advantage in illegal acquisition of wealth. Police Corruptions has many definitions. Herman Goldstein defines
it as “acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for him
self or others.

Frederick A. Elliston and Michael Feldberg define corruption as “ the acceptance of money or the equivalent
of money by a public official for doing something he or she is under the duty to do anyway, that he or she is under a
duty not to do, or to exercise legitimate discretion for improper use”

Although these definitions differ, we can find enough commonalities to define corruption as follows: A police
officer is corrupt when he or she is acting under his or her official capacity and receives a benefit or something of value
for doing something or for refraining from doing something.

The Cost of Corruption

The cost of corruption is extremely high – to the police, the criminal justice system and the society. The most
important point is that a corrupt act is a criminal act. Criminal activity by the police officers undermines the fundamental
integrity of the law enforcement mission. At the same time, corruption protects other criminal’s activity. Gambling
syndicates, protected by corruption are the major source of profits for organized crimes.

Corruption destroys the police department itself. It robs officers of self-respect, respects for their supervisors,
and respect for the department as a whole. Effective discipline becomes impossible when corruption spreads. The
corrupt supervisor cannot discipline an officer who might threaten to expose the supervisor’s illegal activity. Corruption
also encourages police lying, as officers protect one another. Lying to protect one or other officers can then spread to
other areas of policing, such as covering up excessive use of force.

Corruption destroys public confidence in the police. The belief that a department is corrupt undermines
respect for officers and public support for the department as a whole. This has a special impact on police community
relations. Illegal vice activities have generally been relegated to low income and racial minority neighborhoods.
Awareness of corruption in their neighborhood is one reason why police have low ratings from the public.
How the Police Become Corrupt?

Police officers do not start their careers as corrupt individuals. The only exceptions are those who have some
criminal activity in the past, which was not detected in the selection process. An important part of understanding police
corruption, then, is examining how individual officers become corrupt,

Corrupting Individual Officers

Most experts believe that officers become corrupt through a process of socialization. An officer does not
become corrupt all at once. Rather, the process involves a series of stages in which the officer passes from lesser to
greater tolerance and or involvement in corrupt activities.

First Stage – The moral career of a corrupt officer begins with relatively minor gratuities. The officer begins to
regard free meals as a normal part of the job. Peer pressure is extremely important in the first stage. The new officer is
introducing to corrupt acts by veteran officers.

Second and Third Stage – According to Sherman, it involve regulatory offenses, an officer accepts a free
drinks from a bar owner and allows the bar to remain open after the legal closing hours. Peer pressure is important if
the officers know that other officers routinely do the same thing.

Final Stage – At some point the officer becoming corrupt changes from one who passively accepts gratuities
into one who aggressively solicits bribes. The corrupt acts begin to involve more serious violation of the law, become
more systematic, and involve larger amounts of money; the officer begins to initiate corrupt acts.

Level of Corruption

Not all departments are corrupt, and not all corrupt departments are equally corrupt. The relevant question,
according to Sherman is: Why are there different kinds and extends of police corruption’s is different communities?

First Level – Rotten Apples and Rotten Pockets

Corruption is less serious when it involves only a few police officers acting on their own. The rotten apple
theory applies to a situation where only a few officers independently engaged in corrupt acts. A rotten pocket exists
when several corrupt officers cooperate with one another. The Rotten apple problem is the easiest to control. Rotten
pockets represents a far more difficult problems, they involved a conspiracy among several officers who will not testify
against one another.

Second Level – Pervasive Unorganized Corruption

Corruption reaches a higher degree of intensity when it is a majority of personnel who are corrupt, but who
have little relationship to each other.

Third Level – Pervasive Organized Corruption

The most serious form of corruption exists at an organized level that penetrates the higher levels of the
department. An example is a systematic payoff to protect illegal activities with the payoff shared among all members of
a unit and their supervisors.

Types and Forms of Corruption

Corruption is not limited to the present day, for as long as there have been a police, there has been police
corruption. Samuel Walker describes four general types of corruption: taking gratuities, taking bribes, theft or burglary,
and internal corruption.
 1. Gratuities – are small tips or discounts on goods purchased. In many communities. Some prohibits gratuities,
while others do not.

2. Taking Bribes – the payment of money or other consideration to police officers with intent to subvert the aims
of the criminal justice system. According to Walker, bribe may take two forms: (1) the pad (formal, regular,
periodic payments to the police to overlook continuing criminal enterprises) (2) the score (a one time
payment to avoid arrest for illegal conduct).

3. Theft or Robbery – The taking of money or property by the police while performing their duties, is another
form of corruption. The police have access to numerous premises; include warehouses and stores, while
investigating burglaries.

4. Internal Corruption – Officers pay members of their departments for special assignments or promotions.

Thomas Barker and Julian Roebuck on the other hand have identified the following types of corruption:

 Acceptance of free or discounted meals and services.

 Acceptance of kickbacks for referral for services
 Opportunistic theft from helpless citizens or unsecured premises.
 Shakedowns
 Protection of Illegal Activities
 Acceptance of money to fix cases
 Planned Theft

Eight Kinds of Police Corruption

 Corruption of Authority – An officer’s authority is corrupted when he receives officially unauthorized

material gain by virtue of his position as a police officer without violating the laws.
 Kickbacks - Profits
 Opportunistic theft – Occurred from arrest of suspects, investigating victims in crime scenes and from
unprotected properties.
 Shakedown – Arises when an officer inadvertently witnesses or gains knowledge of a criminal violation
and the violator subsequently offer a bribe to evade arrest.
 Protection of Illegal Activities – This type of corruption concerns with the giving of protection by a
policeman in any illegal activity such as gambling, smuggling, prostitution or other vices to operate
without police interference in exchange of any form of material rewards.
 Traffic Fix – The quashing of prosecution proceeding following the offenders arrest
 Direct Criminal Activities – It involves no corruptor. Policeman directly committed crimes against the
person or property of another for material gain.
 Criminal Pay-off- Internal Pay-Off regulates a market where the police officers prerogatives maybe
bought, bartered or sold.

Other Kinds of Corruption

Many police officers has been involved in acts of corruption sourced out from Gambling - Parking and Traffic
– Narcotics - Retrieving seized automobiles – Construction - Intradepartmental Payments – Bars - Sale of Information
– Prostitution – and Gratuities

Reasons for Police Corruptions

Numerous theories attempt to explain corruption in law enforcement agencies. Frank Schmalleger offers an
interesting theory about the reason some police officers become corrupt by tying Edwin Sutherland theory of
differential association to police corruption. Sutherland’s theory of differential association holds that crime is basically
imitative, we learn crime the same way we learn other behavior. Police tend to imitate the behavior that surrounds
them.
 The tremendous discretion they are allowed to exercise, and the existence of the police personality and
police cynicism, it is easy to see that police work is fertile ground for the growth of corruption. Add to this, is the
environment the constant contact police have with criminals and unsavory people, and the enormous amount of money
that can be made by corrupt officers. Based on all these factors, it is little wonder that corruption is pervasive

Wilson says that low salaries and expectation that the police will have other jobs increase the probabilities
that the police will be involved in corruption.

Other Factors Which Contribute to Police Corruption

1. Branch of the Department to which the officer is assigned.

2. Area to which an officer is assigned
3. Character of the police
4. Rank
5. Police Attitude
6. Police Officer clientele
7. Leadership

Effects of Corruption on Law Enforcement

Nothing undermines public confidence in the police and in the process of criminal justice more than the illegal
acts of police officers. David Burnham identified what he calls four hidden social costs of police corruption namely:

1. It represents a secret tax on businesses that have to pay off the police to avoid harassment.
2. It undermines the enforcement of the law, allowing widespread illegal activity to flourish
3. It destroys the department itself, robbing the police officer of self-respect and respect for superior officers and
the department as a whole. Effective discipline becomes impossible when corruption is systematic
4. Knowledge of the existence of corruption under the public’s faith in the police and the entire criminal justice
system.

Problems on Police Response

Patrol effectiveness is frequently measured in response time. The time elapsed between when the call is
received and when the police arrived on the scene.
One obvious reason for a rapid response is the opportunity to apprehend a person engaged in criminal
activity.

Primary Reasons for Police Response Delay

Citizen’s delay in calling the police is because of decision-making problems or problems in communicating
with the police.

Three basic decision-making problems that result in citizen’s failure to call the police immediately are:

 Citizens sometimes want first to verify that a situation does indeed involve a crime; that is they try to
resolve ambiguity in the situation.
 Sometimes citizens take actions to help themselves cope with problems the crimes has created for
them, for example leaving the scene, talking with someone else to enlist support, chasing the suspect or
taking care of a physical injury.
 Most citizens experience conflict as to whether or not to call the police, and try to avoid making
immediate decisions.

After the citizens decided to call the police, they may encounter other problems, such as the following:
  No Phone Available
 Not Knowing what Number to Call
 Nor Being Able to Communicate Clearly with the Person Receiving the Call

Response time is also delayed when the department does not have enough patrol officers available for such
duty at any particular time.

Patrolling is mainly a deterrent to criminal activity: recent research showed that a patrolling police officer is
likely to come across a serious crime by chance once every 14 years.

Patrols are particularly useful in offering reassurance to the public. More targeted police presence also
prevents crime, especially where there are crowds of people.

Police patrols take place in cars or on foot; there has been some tendency to return to foot patrols
recently, as they are seen as more conducive to a good relationship with the public; car patrols, on the other hand,
have the advantage of speed of response when a crime is reported. Police are equipped with radios that enable the
local control room to respond with officers to an incident as appropriate.
Factors Affecting Police Response

Police Officers respond to calls about committed crimes depends on several important variables:

 What specific crime is involved?

 Is the crime still in progress? How many suspects are involved? Are weapons involved? Is they’re a
danger to the public?
 Could a hostage situation develop?
 How many officers are available?
 Where are they?

Police Use of Violence

Need for Restraint in Police Use of Force

One of the central issues in policing today is how we can make the police accountable to the citizenry in a
democratic society and yet not hamstring them in their legitimate pursuit of law and order.

All people-processing organizations, like the police agencies, face certain common problems. But the police
administrator faces a problem in controlling practice with clients that is not found in most other organizations. The
problem is that police contacts with citizens occur in the community, where direct supervision is not feasible and where
exercise of wide discretion is unavoidable.

The problem of excessive use of force by policemen is popularly referred to as POLICE BRUTALITY.
However, most authorities on the police have become wary of the phrase “police brutality” in this connection because
they believe the term has become so overcharged with emotional connotation. They feel the expression “violent-force”-
both authorized and non-authorized-is a more accurate way of describing this aspect of police conduct.

Sequence of Decision Phases in Police Use of Deadly Force

Research studies have established that in a substantial percentage of shootings by police, their action in
squeezing the trigger is not the product of a “shoot/don’t shoot” decision rather the result of a sequence of decisions
stretching back in time minutes or even hours before the gun is fired.

In this regard, Scharf and Binder have conceptualized five “decision phases”:

1. Anticipation – defined as the period from the officer’s first awareness of the need for the intervention to his
arrival on the scene where the encounter occurs with the opponent. A critical element of this phase is the
 substance, amount and accuracy of information that the officer receives and that he may use in forming
expectations of and preparations for the encounter.

2. Entry and Initial Confrontation – This is the period in which the officer physically enters the scene or fist
approaches the citizen. It is theorized that tactical decisions made in this phase can significantly influence the
officer’s later options. These decisions would include whether to seek cover (behind an object, protective
body armor, etc.) or concealment and whether to enlist the aid of individuals whom the suspect may trust.

3. Dialogue and Information Exchange – This is a “definitional” phase in which, through oral or other forms of
communication, the officer(s) and civilians(s) “size up” the situation and each other. Included in this phase
are orders to “halt”, “drop the gun” among others, issued by the police, threats or signs of contempt by the
civilian toward the officer, and actual negotiations of the sort that would be involved in extended hostage-
barricade incidents.

4. Final Frame Decision to shoot or not to Shoot – The officer’s actual determination about discharging the
weapon.

5. Aftermath – This final phase includes both on-site events immediately following a decision to shoot or not to
shoot and activities, such as departmental review and future contact between the officer and his opponent
that may occur days or week later.

When Use of Force on the Citizen can be judged to be Improper or Unnecessary?

In a significant study on the phenomenon of police brutality, Albert J. Reiss has laid down certain criteria
when use of physical force on a citizen can be judged to be improper or unnecessary if force was used in one or more
of the following ways:

1. If a policeman physically assaulted a citizen and then failed to make an arrest, proper use involves an arrest.
2. If the citizen being arrested did not, by word or deed, resist the policeman, force should be used only if it is
necessary to make the arrest.
3. If the policeman, even though there was resistance to the arrest, could have easily restrained the citizen in
other ways.
4. If a large number of policemen were present and could have assisted in subduing the citizen in the station, in
lockup, and in the interrogation rooms.
5. If an offender was handcuffed and made no attempt to flee or offer violent resistance.
6. If the citizen resisted arrest, but the use of force continued even after the citizen was subdued.

By the same idea, Reiss discovered that citizens objected to, and complained about:

1. The way police use language

2. The habit the police officers have of talking down to them
3. The harassing tactics of the police – the indiscriminate stopping and searching of citizens on foot or in cars,
commands to go home, or to move on.

Reiss summarizes the ways in which police have traditionally dealt with certain citizens, particularly those in
the lower class:

1. The use of profane and abusive language

2. Commands to move on or get home
3. Stopping and questioning people on the street or searching them and their cars
4. Threats to use force if not obeyed
5. Prodding with a nightstick or approaching with a pistol and
6. The actual use of the physical force or violence itself.
Use of Force Model Based Upon Progressive Application of Force

The model supports the widely accepted premise and practice of progressive application of force, which
implies the appropriate selection of force options in response to the level of compliance from the individual to be
controlled. For instance, each officer citizen encounter must flow in a logical and legal sequence of cause and effect
based upon the officer’s perception of risk.
A brief examination of the model includes the following areas:

Structural Components - The model consists of three panels – “reasonable officer’s perception”, “enforcement
electives” and “reasonable officer’s response”- each of which is comprised of five levels.

1. Reasonable Officer’s Perception – It is breakdown into five categories of perceived subject actions:

 Compliant (Cooperative) – Within the normal realm of law enforcement, the vast majority of
police/citizen encounters are positive and cooperative.
 Resistant (Passive) – In some confrontational contacts, the subject may offer a preliminary level of
noncompliance. The subject resistance is primarily passive, with the subject offering no physical
enhancement toward the effort other than sheer unresponsiveness.
 Resistant (Active) – At this level, the subject’s resistance has become more active in scope and
intensity. The indifference to control has increased to a level of enhanced physical defiance.
 Assault (Bodily Harm) – In this case, the officer’s attempt to gain lawful compliance has met with active,
hostile resistance culminating in an attack upon the officer.
 Serious Assault (Serious Bodily Harm/ Death) – This category represents the least encountered but
most serious threat to officer safety. Here the officer can draw a reasonable conclusion that he is
subject to death or great bodily harm as a result of the attack

2. Enforcement Elective Panel – The model corresponds to the tools provided via the training curriculum,
keying enforcement actions to the specific encounter.

 Level I – This category consists of fundamental procedures supportive of the initiation and continuation
of compliance and procedures.
 Level II – This level includes options centered on the gaining of control via procedures that are primarily
psychologically manipulative, rather than physically manipulative.
 Level III – Due to the introduction of a physical component to the subject’s noncompliance, the officer
now must call upon the tactics of encounter and, possibly, the deployment of supportive force.
 Level IV – Due to the combative nature of the confrontation, the officer must now deploy tactical
procedures centering upon active, force-enhanced counter measures.
 Level V – At this level, tactical options are directed toward officer survival and self-preservation.

3. Reasonable Officer’s Response

 Verbal Command – This level relies on the professional officer’s wide variety of communication skills,
capitalizing upon the general population’s acceptance of authority.
 Contact Controls – In the first stage of noncompliance, the officer must deploy tactical talents to assert
control and gain cooperation.
 Compliance Techniques – The officer must deploy sufficient force to overcome the subject’s active
resistance, remaining vigilant for signs of more aggressive behavior from the subject.
 Defensive Tactics – Confronted with the subjects assaultive act/s the officer is justified in taking
appropriate steps to immediately cease the assaultive action and gain and maintain control of the
subject once compliance is achieved.
 Deadly Force – Facing an assaultive situation that reaches the ultimate degree of danger, the officer
must deploy absolute and immediate tactics to stop the lethal threat and secure conclusive compliance
and control.
THE REMEDIES TO THE POLICE PROBLEMS

As they say, every problem has a solution. After we have discussed the problems, below is a discussion on
the possible remedies to deal with these police problems. They must be, however, taken into holistic approaches in
their implementation.

General Remedies Available

Consistent progress in public service is possible only when the internal strength of the organization exists.
There must be high morale among the members of the police service reflected in their esprit de corps that springs from
their genuine loyalty and noble faith in the policies and objectives of the organization.

Recruitment standards, training requirements and career development program must be strictly observed.

Salaries and allowances and other personnel motivations must be maintained in the proper levels. Police
service as it is presently conducted does not appear to meet all the requirements of a true profession, and while
evident improvements have been made in some areas of work, much remain to be done in the correction of the police
organizations to attain modern civilian professional concepts.

There are no obstacles to the attainment of professional status that are so great that cannot be surmounted if
the human elements of the organization themselves are willing to accept the demands of professional growth and
responsive service.

In professional organizations, high standards of qualifications must be established and recognized by the
members for recruitment and admission thereto. Likewise, facilities must be provided for technical and enrichment
skills and the development of knowledge on both substance and work procedures.

Remedies on Police Corruption

We can prevent or control police corruption through the following means:

1. List all the corruption or crimes reported to have been committed in your organization and arrange in order of
importance.
2. Specify each act of corruption using the following questions:
 What is the particular type of corruption committed?
 Who are reportedly involved as giver, taker, accomplishes etc.?
 Where is this corruption occurring in your organization?
 When is this corruption occurring in the cycle of your service?
 How big is the problem? How many times is it occurring? How much loss is involved?

3. Identify the forces of attraction to this crime.

 What is in it for the giver? The taker? And each of those involved?
 What gains or rewards are they after?
 What risks are involved? What punishments are in store for those who are caught? What is the likelihood
that the culprits will be caught and prosecuted?

4. Identify the rationalizations used to justify the act.

 What alibis, half-truths and plain lies are used to justify this act in your organization?
 What makes these alibi’s credible or acceptable to the persons involved and to the rest of the people in
your organization?
 What are the major flaws of these alibis? What truths and realities do they hide or deny?
 What are the sources of these lies? How are they communicated to your organization?
 Identify the occasions in your organization when this crime can be repeated?
 What in your organization that provides opportunities to commit this crime?
  Which systems and procedures are less effective, not properly understood, not given enough attention,
vulnerable to corruption?
 Formulate an action plan to prevent corruption.
 How can you minimize or eliminate the forces of attraction?
 How can you make honesty more rewarding, more meaningful and more satisfying?
 How can you make dishonesty more punishing, more risky, more attractive?
 How can you eliminate or minimize these rationalizations?
 How can you debunk these lies, alibis and half-truth?
 How can you arouse their sense of honesty, truthfulness and sincerity?
 How can you improve your systems and procedures so that you can detect corruption early and correct
as fast as possible?

Control Mechanisms in the Use of Force by Police Officers

To improve the control of violent force, many police specialist believe major changes in the purpose,
recruiting method, training, organization and tactics of the police will have to be implemented.
 Adoption of organizational rules, procedures, accountability mechanism, training, firm system of
oversight and accountability by police managers.
 Improved officer selection criteria, and officer training in various survival tactics, such as range
instruction, human relation skills, cultural awareness programs, verbal judo, martial arts, and the use of
less lethal weapon.
 Heavy emphasis should be given to detailed background check in order to detect any erratic behavior in
the past as an indicator of possible trouble in the future.
 Intensive psychiatric or psychological interview should be conducted for all applicants.

Proactive Measures against Police Violence

With training as a focal point, the following proactive measures towards violence-reduction in police work are
suggested:
 Training, training, training, retraining, retraining, retraining, communication, communication,
communication.
 Front-line supervision that is well trained, well informed and not afraid to supervise.
 Discipline that is fair, consistent and consistently applied.
 An awareness of instances of over-aggressive tendencies and the provision of remedial training or
discipline before these latent tendencies become assaults.

Other Remedies

To improve efficiency and effectiveness in police work with a lessened amount of police problems, the
following are other remedies on police problems:

 Comprehensive campaign of the Moral Recovery Program in the police service

 Comprehensive focus on educational measures with emphasis on the ethical standards and code of
conduct for law enforcers.
 Comprehensive check-up on existing statutes concerning the police organization
 Political will power remedies on erring police officers

…oΩo…