Tuesday, March 19, 2013

Code of Silence, part 2 of 3

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The “Code of Silence” or similar issue is prevalent in all walks of life.  Most people are reluctant to come forth with information that might hurt a fellow co-worker, many fear retaliation, and others feel safe hiding in the shadows.  I frequently hear cops say, “Why pick on us; the Code applies to lawyers, doctors, clergy and a lot of other professions?”  But, what makes it different in law enforcement is the impact it can have on the personal liberties and well being of civilians. Police employees have authorities given to no other employee in our society. Who else in America can use force, even take a life, or take away someone’s liberty by throwing them in jail without any immediate oversight?  And, usually other police employees are the only witnesses to police conduct or misconduct.

Then, of course, the existence and impact of the Code of Silence has been documented historically more frequently in law enforcement than in any other walks of life, as well.  After the Civil War, the KuKluxKlan Act was enacted in 1868 and the Voters’ Rights Act in 1871.  These came about when Southern sheriff’s and prosecutors looked the other way when blacks were lynched and persecuted by whites.  In the late 1960s the Johnson Study and Kerner Commission studied the urban riots in many American cities and found that the Code of Silence in law enforcement was one of the factors that caused community unrest.  Police sociologists have written about the influence of the Code in law enforcement; Neiderhoffer, Wilson and Skolnick in the 60s and 70s and later with Delattre.  Then, of course, you have the influence of movies and television with shows like Serpico, NYPD Blue, Chuck Norris’ Code of Silence, and the countless other productions.

The Code of Silence either currently exists or the potential for its existence is present in every police agency. It has significant implications on police agency employees who come forward with information adverse to other agency employees.  These employees who have done the right thing and acted professionally are often subjected to various forms of retaliation.  This retaliation frequently ends with the employee, who has done the right thing, being forced out of the agency due to the hostile work environment.  This often can end with these employees taking civil action against the agency.

But is it something that is inherent in and affecting all police agencies?  I don’t think so!  In some agencies it is deeply rooted in the history of the agency.  Many older agencies have three and even four generations of the same family who have been cops. In other agencies you might get a new, reform Chief who does all he or she can to eliminate or minimize the adverse impact of the Code on the agency.  But, unfortunately, these Chiefs don’t stay around too long.  The malcontents and promoters of the Code seem to last forever.  They exert a tremendous amount to influence and they know that the reform Chief is temporary.

On the other hand there are many examples where police employees have stepped forward and given information that results in significant agency changes.  There may be many motivations for these employees.  Some may truly be offended and outraged by the conduct of other employees.  Some may fear they may get caught up in the misconduct and are looking to protect themselves.  Some might see it as a way to step on others in an attempt to gain influence or promotion.  Others may see it as a way to create a change in administration.   
 
The four most reasonable approaches for a police agency to take in addressing the “Code of Silence” is (1) to acknowledge that the Code of Silence exists or the potential for it does exist, (2) have a written prohibition against it, (3) involve the subject in basic, in-service and supervisory training in realistic ways with real life examples, and (4) discipline, when appropriate, an employee who engages in giving false and/or misleading statements during an administrative investigation.   Don’t make the mistake many police administrators have done by replying that it doesn’t exist, has never existed and is simply something Hollywood has created.  Why be made to look foolish?

My next blog on the Code of Silence will delve into the telltale signs within a police agency that indicate that it may be alive and well and flourishing.

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