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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