Why law enforcement organizations fail: mapping the organizational fault lines in policing, second e

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Mapping the Organizational Fault Lines in Policing

SECOND EDITION

JOHN JAY COLLEGE OF CRIMINAL JUSTICE

THE CITY UNIVERSITY OF NEW YORK

CAROLINA ACADEMIC PRESS

Durham, North Carolina

Copyright © 2014 Patrick O’Hara

All Rights Reserved

Library of Congress Cataloging-in-Publication Data

O’Hara, Patrick, 1946eISBN 978-1-61163-475-4

Why law enforcement organizations fail : mapping the organizational fault lines in policing / Patrick O'Hara. -- 2nd ed. p. cm.

Includes bibliographical references and index.

ISBN 978-1-59460-911-4 (alk. paper)

1. Law enforcement--United States. 2. Police administration--United States. 3. Organizational effectiveness. I. Title.

HV8141.O53 2012 363.2'30973--dc23

2012021332

Carolina Academic Press

700 Kent Street Durham, NC 27701

Telephone (919) 489-7486 Fax (919) 493-5668 www cap-press com

Printed in the United States of America

To my wife, Kim, and my sons Christopher and Michael To my daughter-in-law Kristin, my mother-in-law Lyn and my grandchildren Hudson, Rowan and Harper. Nothing is more important than family and the love amongst us.

Bless you all.

CONTENTS

Preface to the Second Edition

Acknowledgments

Prologue

Chapter One • Diagnosing Organizational Dysfunction in Policing

Discerning Management Failure

Defining Failure

The Analysis of Failure: Searching for Suspects

Categories of Failure

Applying the Categories

Going Forward

Endnotes

Chapter Two • Normal Accidents in Law Enforcement: Making Sense of Things Gone Wrong

Normal Accidents

Congenital Error in Organization

The “At Risk” Law Enforcement Organization

Runaway Police Van at the Holiday Parade

The Obscure Origins of Normal Accidents

The Tragedy of Eleanor Bumpurs

Antidotes: Transparency and Performing with Integrity

Sexual Predators in the Pennsylvania State Police

Peer Privilege and Cultural Immunity

Dealing with Deviant Employees and Enabling Cultures

New Orleans: The Perfect Storm

Death on the Danziger Bridge

Battling Intractable Culture

Summary: Leading Means Managing Culture

Endnotes

Chapter Six • Institutionalization in Law Enforcement: Running Agencies for Those Within

Introspective, Insulated and Institutionalized

The FBI Lab Implodes

Mismanaging the Interface of Image and Reality

Self-Protection at the Institutionalized Agency

The Historical Roots of Institutionalization

Profiling on the New Jersey Turnpike

Institutionalizing Problematic Practice

Agency-Environment Disconnects and Institutionalization

Separated at Birth? The CIA and FBI Spies

Sheltering Marginal Employees in Institutionalized Organizations

The Felonious Judges of Luzerne County

Nepotism: Inbred Institutionalization

Coda: New York’s Family Court

Curing Institutionalization

Endnotes

Chapter Seven • Resource Diversion in Law Enforcement: Exploiting Organizational Systems

Creative Expropriations and Compromised Agencies

plans built around the first edition, those lessons will work just fine with this one. Same goes if you are a police trainer who has been using this book.

So what’s

new?

A new case has been added in each chapter, along with analyses that zero in on issues arising from each new case.

Most of the new cases occurred, or came to a climax, after the first edition went to press.

Bernard Kerik, once NYPD Commissioner and poised to become Homeland Security Secretary in late 2004, sits in federal prison as I write this. His exploitation of public office for his own enrichment makes his a marquee case for the chapter on “Resource Diversion.”

In Hurricane Katrina’s aftermath in 2005, a group of New Orleans police officers gunned down unarmed civilians doing nothing wrong, investigating officers conspired to cover it up, and jeering officers swarmed the halls at the subsequent state murder trial that was aborted by a technicality. The problematic New Orleans police culture revealed in the five years it took to bring the officers to justice in federal court makes this the capstone case in the chapter on “Cultural Deviation.” Documentary material regarding this case, from Frontline and other sources, is available online as a powerful supplement to what’s in this book.

In Luzerne County, Pennsylvania, the two judges who ran the Court of Common Pleas with an iron hand were railroading juvenile defendants to fill a detention facility whose principals were funneling money to the judges even as ground was broken for construction. This went on through early 2009, nearly a decade in all, and was abetted by an organization staffed via patronage and nepotism, run by favoritism and infected with a see/hear/speak no evil mindset. Those familiar with the first edition will recognize this as “Institutionalization” writ large, and that’s the chapter where this case lands.

In 2011, a ticket-fixing scandal engulfed the NYPD after blindsiding Internal Affairs investigators who were looking into allegations about a drug dealing cop when the wiretaps lit up with union delegate officers arranging to “disappear” tickets issued to particular individuals. Despite police union leaders’ unselfconscious claims that this was a widespread “professional courtesy,” more than a dozen officers were indicted, including an Internal Affairs lieutenant accused of tipping off fellow cops. The allegations against the Internal Affairs lieutenant, plus the fact that Internal Affairs needed to

ACKNOWLEDGMENTS

No author’s labor comes to fruition without the help of many, and this is even truer of scholarly work. I have been blessed to be able to rely on so many friends, colleagues and family members.

Thanks, first and foremost, to my wife, Kim, whom I love for bearing with me as, insane and isolated, I wrapped up this edition. My gratitude also goes to Lyn Kenyon, whose home was my office for this book’s final edits.

My friends and colleagues at John Jay College of Criminal Justice have given me unstinting support. This edition was made possible by a sabbatical that was just one way John Jay’s President Jeremy Travis and Provost Jane Bowers encouraged my work. And this continues the college’s support of my research for this book dating back to 2004, when another sabbatical and a small grant helped me along thanks to President Emeritus Gerald W. Lynch and Dr. Basil Wilson who was then provost.

Professor Maki Haberfeld and Dean Jannette Domingo, my partners in building the NYPD Certificate Program more than a decade ago, have remained go-to sources for testing my thinking about police and community. This book would never have been written were it not for our joint commitment to providing a credit-bearing opportunity for NYPD officers and commanders to engage with the realities of community and organization in a college-centered learning environment.

My thanks go as well to colleagues who helped review what I wrote. A professional eye was cast by retired Paterson, New Jersey, Police Director Michael Walker, long an NYPD Program mainstay as well as a faculty member at Passaic County Community College in New Jersey. The legacy material in this volume owes much to Dr. Harald Otto Schweizer of

have sat in my classes educating me about policing. What I have learned from them has made this book immeasurably better.

And to anyone I forget, please forgive, for I owe you as much as anyone else.

ORDINARY DISORDER

The Federal Bureau of Investigation what better icon for United States law enforcement could there be?

The FBI has been in the forefront of federal law enforcement since the early 1930s when it battled gangsters with colorful names like Machine Gun Kelley. That campaign was mounted by FBI Director J. Edgar Hoover, who had been appointed in 1924 with a mandate to reform what had been the lightly regarded Bureau of Investigation of the Department of Justice. Hoover reinvented the organization, which was renamed the Federal Bureau of Investigation in 1935, and he campaigned relentlessly to increase the FBI’s power and autonomy until his death in 1972.1

Under Hoover, the FBI pursued missions linked to shifting public passions and fears. Hoover dedicated FBI units to counter-intelligence work against Nazi infiltration in the U.S. before and during the Second World War,2 and similarly positioned the Bureau relative to Communism in the 1950s.3 In the 1960s, he marshaled the FBI against die-hard segregationists violently resisting integration in the South,4 even though Hoover’s obsession with “communist influences” also led to surveillance of civil rights workers and leaders such as Martin Luther King.5 As opposition to the Viet Nam war grew on college campuses in the 1960s, Hoover added student activists and progressive professors to the FBI watch list and made speeches that played on the anxieties of parents of college-age students.

Hoover constantly burnished the FBI’s image. The 1959 movie The FBI Story featured a voice-over cameo by Hoover.6 In 1965, The FBI began a nine-year run as a Sunday night TV staple in U.S. living rooms.7 Washington visitors toured the agency, including the vaunted FBI Lab, which pioneered the scientific analysis of evidence. FBI profilers were zeroing in on serial killers years before fictional agent Clarice Starling matched wits with

Instead the FBI imploded.

The fuse was the 1992 Ruby Ridge case that Freeh inherited from Sessions. Things went wrong from the start at Ruby Ridge in rural Idaho, home to Randy Weaver, a white separatist, and his family. Because Weaver had failed to appear for a court date on a weapons charge, a team of U.S. Marshals was staking out the family cabin when a gunfight erupted between the marshals, Weaver’s fourteen-year-old son and Kevin Harris, a friend of the Weavers. When the smoke cleared, a U.S. Marshal was dead, as was Weaver’s son and the family dog. The next day the FBI entered the fray with controversial “fire at will” rules of engagement, under which an FBI sniper inadvertently killed Weaver’s wife while she was holding their infant child. Weaver and Harris, charged with murdering a federal agent, ultimately were acquitted on all but minor charges. The trial, and its extended aftermath, turned into an indictment of the FBI’s tactics, forensic work and veracity that eventually led to obstruction of justice charges against one FBI agent, and administrative action against several Bureau officials.13

As the 1993 Ruby Ridge trial loomed, the FBI stumbled again, this time at the Waco, Texas compound of the Branch Davidian religious sect.14 At Waco, the FBI took over after the Bureau of Alcohol, Tobacco and Firearms (ATF) had suffered twenty casualties, including four agents dead, while storming the compound in order to serve a weapons violations warrant. A siege ensued but, after six weeks of stalled negotiations, FBI officials who favored an assault gained the upper hand in the Bureau and in the Department of Justice, where Attorney General Janet Reno had just taken office. Concerned about allegations of child abuse and relying on understated FBI descriptions of the planned assault, Reno gave the go-ahead. Shortly after the assault began, flames consumed the compound, leaving over seventy Branch Davidians dead. Years of investigations followed and, as late as 2000, Congressional reports continued to dissect the FBI’s decision-making and tactical choices at Waco.15

The FBI Lab’s stellar reputation also took a dive in the 1990s. The qualifications of the lab’s analysts, the validity of its testing procedures and its conclusions about evidence were all successfully challenged in case after case.16 Federal prosecutors at times resorted to outside forensic experts

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