Despite the official insistence to the contrary, it is clear that police organizations, as well as individual officers, hold a large share of the responsibility for the prevalence of police brutality.96 Police agencies are organizationally complex, and brutality may be promoted or accommodated within any (or all) of its various dimensions. Both formal and informal aspects of an organization can help create a climate in which unnecessary violence is tolerated, or even encouraged. Among the formal aspects contributing to violence are the organization’s official policies, its identified priorities, the training it offers its personnel,97 its allocation of resources, and its system of promotions, awards, and other incentives.98 When these aspects of an organization encourage violence—whether or not they do so intentionally, or even consciously—we can speak of brutality being promoted “from above.” This understanding has been well applied to the regimes of certain openly thuggish leaders—Bull Connor, Richard Daley, Frank Rizzo,99 Daryl Gates, Rudolph Giuliani, Joe Arpaio (to name just a few)—but it needn’t be so overt to have the same effect.
On the other hand, when police culture and occupational norms support the use of unnecessary violence, we can describe brutality as being supported “from below.” Such informal conditions are a bit harder to pin down, but they certainly have their consequences. We may count among their elements insularity,100 indifference to the problem of brutality,101 generalized suspicion,102 and the intense demand for personal respect.103 One of the first sociologists to study the problem of police violence, William Westley, described these as “basic occupational values,” more important than any other determinant of police behavior:
[The policeman] regards the public as his enemy, feels his occupation to be in conflict with the community and regards himself as a pariah. The experience and the feeling give rise to a collective emphasis on secrecy, an attempt to coerce respect from the public, and a belief that almost any means are legitimate in completing an important arrest. These are for the policeman basic occupational values. They arise from his experience, take precedence over his legal responsibilities, are central to an understanding of his conduct, and form the occupational contexts with which violence gains its meaning.104
Police violence is very frequently over-determined—promoted from above and supported from below. But where it is not actually encouraged, sometimes even where individuals (officers or administrators) disapprove of it, excessive and illegal force are nevertheless nearly always condoned. Among police administrators there is the persistent and well-documented refusal to discipline violent officers; and among the cops themselves, there is the “code of silence.”
In its 1998 report, Human Rights Watch noted the inaction of police commanders:
Most high-ranking police officials, whether at the level of commissioner, chief, superintendent, or direct superiors, seem uninterested in vigorously pursuing high standards for treatment of persons in custody. When reasonably high standards are set, superior officers are often unwilling to require that their subordinates consistently meet them.105
Even where officers are found guilty of misconduct, discipline rarely follows. For example, in 1998 New York’s Civilian Complaint Review Board issued 300 findings against officers; fewer than half of these resulted in disciplinary action.106
LAPD assistant chief Jesse Brewer told the Christopher Commission:
We know who the bad guys are. Reputations become well known, especially to the sergeants and then of course to lieutenants and captains in the areas. But, I don’t see anyone bringing these people up and saying, “Look, you are not conforming, you are not measuring up. You need to take a look at yourself and your conduct and the way you’re treating people” and so forth. I don’t see that occurring.… The sergeants don’t, they’re not held accountable so why should they be that much concerned[?] … I have a feeling that they don’t think that much is going to happen to them anyway if they tried to take action and perhaps not even be supported by the lieutenant or the captain all the way up the line when they do take action against some individual.107
Rank-and-file cops, likewise, are extremely reluctant to report the abuses they witness. Some of this reluctance, surely, is a reflection of their superiors’ indifference. (After all, if nothing’s going to come of it, why report it?) But their peers also enforce this silence. A National Institute of Justice study on police integrity discovered:
a large gap between attitudes and behavior. That is, even though officers do not believe in protecting wrongdoers, they often do not turn them in. More than 80 percent of police surveyed reported that they do not accept the “code of silence” (i.e., keeping quiet in the face of misconduct by others) as an essential part of the mutual trust necessary to good policing.… However, about one-quarter (24.9 percent) of the sample agreed or strongly agreed that whistle blowing is not worth it, more than two thirds (67.4 percent) reported that police officers who report incidents of misconduct are likely to be given a “cold shoulder” by fellow officers, and a majority (52.4 percent) agreed or strongly agreed that it is not unusual for police officers to “turn a blind eye” to other officers’ improper conduct.… A surprising 6 in 10 (61 percent) indicated that police officers do not always report even serious criminal violations that involve the abuse of authority by fellow officers.108
We should remember that these numbers reflect the reluctance of police to report misconduct when they recognize it as such. Given police attitudes about the use of force (when nearly a quarter of officers—24.5 percent—think it acceptable to use illegal force against a suspect who assaults an officer),109 we can reasonably conclude that the police report their colleagues’ excessive force only in the rarest of circumstances.
I have, to this point, concentrated on the means by which violence (and excessive force in particular) is institutionalized by police agencies. That is, I have discussed the ways police organizations produce and sanction violence, even outside the bounds of their own rules and the law. This examination has provided a brief sketch of the way the institution shapes violence, but has not thus far considered the implications of this violence for the institution. It seems paradoxical that an organization responsible for enforcing the law would frequently rely on illegal practices. The police resolve this tension between nominally lawful ends and illegal means by substituting their own occupational and organizational norms for the legal duties assigned to them. Westley suggests:
This process then results in a transfer in property from the state to the colleague group. The means of violence which were originally a property of the state, in loan to its law-enforcement agent, the police, are in a psychological sense confiscated by the police, to be conceived of as a personal property to be used at their discretion.110
From the officers’ perspective, the center of authority is shifted and the relationship between the state and its agents is reversed. The police become a law unto themselves.
This account reflects the attitudes of the officers, and explains many of the institutional features already discussed. It also identifies an important principle of police ideology, one that (as we shall see in later chapters) has guided the development of the institution, especially in the last half-century.
But Westley’s theory also raises some important questions. Chief among these: why would the state allow such a coup?
The Police, the State, and Social Conflict
We might also ask: To what degree is violence the “property” of the state to begin with? At what point does the police co-optation of violence challenge the state’s monopoly on it? When do the police, in themselves, become a genuine rival of the state? Are they a rival to be used (as in a system of indirect rule) or a rival to be suppressed? Is there a genuine danger of the police becoming the dominant force in society, displacing the civilian authorities? Is this a problem for the ruling class? Might such a development,