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Police Ethics - Part II

by Lt. Steven D. Guthrie - ILEA - 6/3/08

The following is the second part of a work written by Lt. Steven D. Guthrie of the Indiana Law Enforcement Academy for his Master Instructor requirement and lays the foundation for a discussion on police ethics. It has been edited slightly for length.

What are the Countermeasures?

For law enforcement to be recognized by all as a profession, it is vital that we start addressing critical behavioral problems. The following factors play a significant part in trying to control corruption and misconduct with new police officers:

Environment: a positive work environment will enhance officers to be more productive and upbeat.
Training Academy: plays a part in shaping recruits' behavior, professionalism, awareness and instilling self-discipline.
Home Life: it is crucial to have support of loved ones and an open-line of communication.
Individual Beliefs: police departments need to recruit people with good core values as a person's values are already instilled at an early age.Citizens: a strong community-oriented policing program that will enable officers to interact in the community.Stress: it is imperative that officers prepare themselves physically, mentally, and emotionally to handle the ups and downs of police work as it can be a roller coaster from day-to-day.

Neal E. Trautman, Ph.D. - (The National Institute of Ethics), has also conducted an enormous amount of research and offers these additional countermeasures:

1. Proper Recruitment & Hiring Process
In the area of recruitment, agencies need to raise their standards and make use of all processes available that may aid in determining the integrity and character of prospective officers that includes voice/polygraph test, psychological assessments, and thorough background investigation. Using these processes along with other testing procedures will ensure that the best applicants are chosen, instead of hiring marginal candidates.

2. Top-notch FTO Program
The implementation of top-notch FTO programs has improved new police officers' performance through this training. This program enables new officers to make the transition from the academic setting to the real-life, field situation and other general uniformed patrol duties of the police agency. As a result, this increases the chances of having a positive organization culture within a patrol division and throughout the department.

3. Continuous Adequate Ethics Training
When it comes to ethics training most agencies do very little, if any. Goldstein, writing in the 1970's (Goldstein, 1975) noted that most police training avoided discussion of corruption, believing that discussing wrongdoing was inherently undesirable and might even encourage such behavior. He further suggests if agencies do ethics training, it is generally done in a manner that is unlikely to resonate with new recruits or make much difference to subsequent behavior. For ethics training to be effective, it must be explored fully and realistically; and cover all aspects of corruption from accepting gratuity to the more serious misconduct. In other words, we must understand and accept the moral danger in police work, due to the duties and the inherent power.

4. Professional Pride
Although there is a difference in opinions on professional pride, one would argue that pride comes from within. If officers would hold themselves more accountable, they would realize that lack of commitment, laziness, and mediocrity is unacceptable, pre-empting the opportunity for misconduct and possibly criminal behavior. Furthermore, each would come to realize that this is not a daunting task, as it only calls for one to perform their jobs with a high level of consistency, integrity, and being committed to do the right thing at the right time.

5. Good Leadership
Police administrators and supervisors responsibilities are never ending. The law enforcement workforce is expected to operate in an efficient and professional manner without expressing their personal views and emotions. At times this can be a very difficult task, as police officers are only human. However, to enable them to accomplish this, law enforcement agencies must have a strict and unwavering adherence to a code of ethics and a code of conduct. It is imperative that every organization has a set of values, written or unwritten, which form the underlying structure of all policies, guidelines, rules, and regulations. Subsequent actions, both positive and negative, by members of the department should be judged according to these principles and appropriately recognized. If a department can accomplish this, then they can achieve a state of integrity.that is, a consistency of principles and actions throughout the organization. If all decision-making in the department can follow the basic principles, it will make the task of integrity maintenance much easier.

In addition, police officers routinely deal with the worst that society has to offer. This cause's police work to be very stressful, seductive and exhilarating which at times can feel like being on a roller coaster. In an instant, an officer may have to use physical or deadly force against someone or even have physical or deadly force used against him or her. When police officers come into the profession they are trained to be "warriors" and to handle all types of crime and situations. However, most are not trained in how to deal with the draining, often gruesome work they are exposed to day-to-day, coupled with personal stress, the attitudes of the public and the criminal justice system, the sum total of which can create significant psychological stress.

More than 1300 law enforcement officers committed suicide in 2004, according to statistics by the National Police Suicide Foundation. Police are killing themselves two to three times faster than they are being killed. Furthermore, one third (1/3) of all active-duty and retired policeofficers are suffering from "Post Trauma Stress" and the majority of them don't realize it (http://www.help4cops.netheaven.com/). If not dealt with, stress can take a toll on any law enforcement officer that can affect his or her decision-making, or even worse, leads to suicide. That is why police agencies should provide psychological services for their officers and encourage, or perhaps even make use of them mandatory (www.faculty.ncwc.edu/toconnor/417/417lect09). Having this in place will not only increase morale and decrease unethical behavior; it will enable officers to be in the best mental condition to make the right decisions.

Summary

Police corruption cannot exist long without at least an implied acceptance by the police agency. Therefore, it is the responsibility of police administrators to see that the "barrel" does not leak integrity. Police administrators must revitalize and reinforce the department's core values in the minds and hearts of all their personnel, so police officers understand their responsibility to uphold the integrity of the department.

Furthermore, the department's code of conduct needs to consist of guidelines for all officers to perform their duties. Some of those guidelines should include acting impartially, exercising discretion, using reasonable force, maintaining confidentially, and displaying a professional image at all times. However, these are just words on a piece of paper. It is important for administrators and supervisors to understand that their actions or inactions are critical, as they can easily create an atmosphere of eroding standards, eventually leading to a significant act of misconduct or corruption by their subordinates. In other words, ethical behavior is not only judged by words, but also by actions.

Law enforcement has changed tremendously over the last fifty years and we have made great strides in the area of professionalism. However, current events and the research support the premises that more work needs to be done. To be recognized by all as a profession, it is essential that law enforcement agencies implement the above mentioned criteria and each state adopt a "Profession-wide System" for decertification purposes (www.hrw.org/reports98/police/uspo28.htm - Disciplinary actions). The National Institute of Ethics has recommended that this system develop the following:

Standardize decertification terminology throughout the country.
Set recommendations for guidelines and procedures for decertification.
Maintain state and nation-wide data base to track officers decertified to prevent decertified officers from unknowingly being hired by another agency.
Track and analyze decertification statistics to develop appropriate on-going "Ethics" training.

In addition, law enforcement needs good leadership that will ensure proper procedures are in place and that partner with their police officers in finding ways to maintain autonomy while at the same time continue accountability within their "community". If this is accomplished, law enforcement will have taken a substantial step towards demonstrating to the public that we are a "Profession".

Police Ethics - Part I

by Lt. Steven D. Guthrie - ILEA - 4/30/08

The following work was written by Lt. Steven D. Guthrie of the Indiana Law Enforcement Academy for his Master Instructor requirement. It has been edited slightly for length and divided into two parts. Part I is presented his month. It lays the foundation for a discussion on police ethics. Part II will be presented next month.

Abstract

In our highly technological and multicultural society there has been a high degree of social, economic, political, and cultural change during the past fifty years. It is only natural that some people will accept change; some will resist, and some will be confused, but most will debate the wisdom of doing things differently (Misconduct, Corruption, Abuse of Power-What Can the Chief Do, Edward J. Tully, 1998). Nevertheless, it appears that most would agree what was acceptable behavior in the 1950's has changed tremendously with what is acceptable behavior in today's society.

With this in mind, it is no wonder that during the past several years law enforcement behavior has been the subject of increased scrutiny across the country. The forces publicizing police officers conduct, along with many well-organized interest groups, make the job like working in a virtual "fishbowl". Police officer's actions are certainly more visible and more publicized; to include their mistakes and instances of inappropriate behavior, than they were years ago.

However, concerns about police integrity, corruption and unethical behavior are nothing new. While the power inherent in police work is seductive and exhilarating, it has the potential to lead some police officers down a path of ethical compromise in the performance of their duties, which can devastate one's life through loss of their job, career, reputation, friends or family, and can even result in prison time.

There are, no doubt, advocates on both ends of the spectrum in the debate regarding whether or not law enforcement is a profession. However, not everyone will accept law enforcement as a profession unless we start doing certain things better.

For law enforcement to be fully recognized as a true profession, we must create the proper framework for doing the right thing at the right time.

While police officers have absolute control over their own integrity and professionalism, a portion of responsibility lies with police administrators. Leaders who demonstrate integrity - in other words, leaders who talk-the-talk and walk-the-walk.will enable law enforcement to be on the right road in attaining this goal of being recognized as a profession.

Ethics In Law Enforcement

The consideration of ethics and ethical behavior has existed for centuries. Aristotle, Plato, and Socrates are generally considered some of the most influential of ancient Greek philosophers. They transformed Presocratic Greek philosophy into the foundations of Western philosophy, as we know it today. Socrates was one of the first philosophers to delve into the issue of ethics, especially the ethical treatment of problems in government. Before discussing how Socrates would likely view law enforcement today, it is important to understand the duties and responsibilities of law enforcement.

Law enforcement officers do not serve as a direct arm of the state, such as the military. Thus, a law enforcement officer's fundamental duty is to serve and protect the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all men to liberty, equality and justice (The Police Code of Ethics, 1992 IACP version).

In England, Sir Robert Peel in 1829 created what is often referred to as the first professional police force. This police force obtained its authority from the common-law legal obligation and was viewed as being part of the community. Police authority was to be as unobtrusive as possible, so as not to infringe upon citizens' rights. Consequently, today's justice system tends to lean towards the concept of common-law rights, e.g., the right to property, the right to defend oneself, and the right to protect one's property.

Within our current society, it has become more difficult to address questions and concerns relating to ethics and ethical behavior because the rules and laws change constantly and officers' freedom to perform the tasks at times becomes obstructed. Keeping this in mind, we must also realize that police work is not a business designed to make a monetary profit. Because policing is a "not for profit" endeavor, the law enforcement officer's number one objective is the people in the community. Therefore, rather than profit being the bottom line for the police agencies, it is the adherence to the common-law mandate. If this mandate is not met, then law enforcement will fall short of their responsibility. Since law enforcement officers are in the "people business" it is essential that we act in an ethical manner at every level of the police organization, starting at the top. It is at this level where top management has the obligation to chart the path of the organization in a manner that can achieve the common-law mandate and provide for an ethical police organization, ensuring that all police personnel adhere to policies, rules and regulations.

What is "Ethics"?

"Ethics" is a system or code of conduct based on universal moral duties and obligations that indicate how one should behave. "Values" are core beliefs that guide our choices and actions and determine the purpose of our lives (Josephson Institute of Ethics 1997, Making Ethical Decisions). Most people associate integrity with "core values," which are defined as a set of beliefs, values, and standards. Without a set of "anchors" to measure behavior against, we could say that "Mother Teresa" was no different from "Saddam Hussein" because each, by definition, is a person of integrity (if you define integrity as living in a manner true to the principles you believe in). Obviously, both of them have somewhat different core values.

How is integrity defined?

Integrity comes from the Latin "integritas" and "integra" meaning whole, or complete. Integrity is based on one's actions on an internally consistent framework of principles to the extent that their actions and beliefs are based on the same core set of values. Although values may change, it is their consistency with each other, that is, a person's day-to-day acts or speech that tends to reflect those principles that will determine their character, good or bad. Therefore, one's words and actions should reflect a relatively stable set of core moral virtues, by which one is committed to live by; as good character is a life-long pursuit (http://www.neiassociates.org/ - Misconduct, Corruption, Abuse of Power - Part II, What Can the Chief Do, Edward J. Tully). Consequently, some essential moral qualities that should be considered in the recruitment process of police applicants are: honesty, truthfulness, accountability, fairness, courage, empathy and self-discipline.

The "Six Pillars":

Possessing ethics and establishing ethical standards, basically means doing the right thing at the right time in the right way. Citizens expect law enforcement personnel to have a set of values and norms by which they live. Consequently, without a set of anchors to measure behavior one would have a confusing ethical predicament. In today's society, most people would agree the "Six Pillars of Character" are sound anchors against which one can measure behavior.

The "Six Pillars" (Josephson Institute of Ethics 1992, Making Ethical Decisions) are:

Trustworthiness - integrity, honesty, promise keeping, loyalty
Respect - courtesy, autonomy, diversity, Golden Rule
Responsibility - duty, accountability, pursuit of excellence
Justice/fairness - openness, consistency, impartiality
Caring - kindness, compassion, empathy
Civic virtues/citizenship - lawfulness, common good, environment

Using the Six Pillars as anchors in one's life gives a person an ethical checklist. Is it legal? Does my decision violate codes, laws or constitutions? Is it balanced? Is my decision fair, both in the short and long term? Is it a win - win situation, and most of all, how will I feel about myself as a result of my actions?

So why is it so difficult for a person to be ethical if one just lives by these standards, and why do we have police misconduct and corruption?

What is police deviance and corruption?

"Police deviance" includes all activities that are inconsistent with norms, values or ethics within the society norms, even from the police perspective. It is wrongdoing that goes against the organization's policies, procedures, principles and values. It may consist of drinking on duty, sleeping on duty, accepting gratuity, sexual misconduct or lying and misusing confidential information, which is sometimes rationalized as a "Noble Cause", making the world a better place to live, also known as "street justice". "Police corruption" is any proscribed act involving the misuse of the officer's position for personal or monetary gains or another form of "Noble Cause," such as police brutality (The Corruption of Noble Cause, John P. Crank, & Michael A. Caldero, p.35/75).

There are certain traits or conditions of responsibility and power that are attached to the position of being a police officer. With this in mind, police work
by its very nature involves the slippery slope, i.e., "the potential for gradual deterioration of socio-moral inhibitions and a perceived sense of permissibility for deviant conduct" (Police Deviance & Ethics - www.faculty.newe.edu/toconner/205/2051ect11, Ida Tarbell). It is no wonder police officers deal with ethical dilemma decisions on a daily basis considering their work environment.

What research has discovered?

Thousands of men and women every year in this country raise their right hand and are sworn to enforce the laws and to protect and defend the Constitution of the United States, as well as the constitution and laws of the state in which they live (Police Ideology and the Constitution, Chuck Klein, p3). Most of these new officers are young and enthusiastic and want to make a difference in their community. So what causes some of these new police officers to behave inappropriately? Several of the more publicized commissions for investigating corruption were the Knapp Commission in the 1960's, the Mollen Commission in 1993 and the Christopher Commission. Additional corruption investigations include the Philadelphia Police Department investigation of 1974, the internal investigation in Miami, Florida in the 1980's where seventy-five Miami P.D. police officers were arrested and the Rampart Investigation in the late 1990's within the Los Angles Police Department.

Although some high officials and police administrators would lead you to believe the "rotten apple" theory (i.e., a few corrupt individuals spoil the whole bunch), the study of corruption by the various commissions, especially the Knapp Commission hearings, didn't support that theory. Systematic corruption was found in department after department (Barker & Cater, 1994), revealing that it is, in fact, not just a few bad apples in the barrel, but the whole police sub-culture that can compromise the ethical conduct of many police officers.

In reality, there will always be a few that should not be police officers, but those few generally, sooner or later, are effectively dealt with and will not typically destroy an entire police agency. It is the breeding environment within the "barrel" that generates the major difficulties. It is this barrel, the culture of the police organization, which can cause the scandals that police organizations are periodically faced with.

Nonetheless, some researchers believe that we have gone too far in dismissing the "rotten apple" theory. The investigation of the River Cops drug scandal in Miami supported the "rotten apple" theory due to a period of accelerated hiring and relaxed standards for new applicants. Furthermore, the Mollen Commission's investigation within the New York City Police Department concluded, "The corrupt acts were the result of small groups of rotten apples and not systematic corruption within the department" (Barker & Carter, 1994 p 57). Therefore, there is research that suggests we must hold ourselves more accountable, and it is critical for agencies to implement a thorough recruitment and hiring process to get the best-qualified candidates.

Furthermore, during the past several years the following three critical factors have also affected law enforcement: greater temptation, decentralization, and organizational culture. These factors make managing for ethics far more different and demanding than in the past. First, police officers face greater temptations than they did just a decade ago due to the explosive and lucrative illegal drug trade. Second, community-policing strategies have revolutionized traditional methods of control and accountability. Police officers are encouraged to be creative problem solvers and much of their activities go unmonitored, resulting in less accountability. This type of freedom often exposes officers to more opportunities for official misconduct that could lead to corruption. Third, police managers must consider some long-standing features of police organizational culture: loyalty over integrity, the code of silence, and an "us against them" mentality. In these circumstances, even the well-intentioned officers may become frustrated and vulnerable.

The combined effects of temptation, decentralization, and organizational culture could prove disastrous for the ethical well being of a law enforcement agency. Police misconduct and corruption are atrocious, as these undermine the integrity of a police organization, and they also erode the trust of people. Taking this into consideration, it is reasonable to conclude that the loss of public trust in law enforcement may become one of the most serious problems we face in the next several years. There are a number of areas that need to be addressed to counter these factors and promote and enhance ethical conduct for law enforcement.

Part II of Lt. Guthrie's work will be published here next month. It identifies specific areas that Lt. Guthrie believes law enforcement must address in order for Law Enforcement to be recognize as a true profession.

The Essence of a Profession

by Michael Lindsay, Deputy Director - ILEA - 3/5/08

In my previous two articles for The Law Enforcement Journal, I have written about the recent advances we in Indiana made towards professionalism through the Refresher and the Revocation laws. The question naturally arises as to why these rules are necessary for law enforcement to be considered a profession. It could be argued that there was no monumental increase in police performance the day these laws were enacted; nor did police misconduct cease; nor did recruit qualifications skyrocket. So what makes these things necessary and are there others that we have not yet addressed?

Along a similar line, U.S.A. Today had a recent article (published 12/18/07) titled, "Police brutality cases ups 25%". In this article, the newspaper cites Department of Justice statistics recorded between 2001 and 2007. Are we making progress? Are we slipping? Have we arrived as a recognized profession? If not, how close are we?

For many years, I have asked basic classes if they think law enforcement is a profession, a blue-collar occupation or just a job. The enthusiastic response is always and overwhelmingly, a profession. I then ask why this is? What distinguishes a profession from a craft, skill, art, vocation, avocation, occupation or simple employment?

With all of this uncertainty, how do we plot a course for attaining and then maintaining a professional status, both at a department level and within the occupation generally? Perhaps one of the first steps we need to take is to decide what it takes to be recognized as a profession.

I have some ideas along this line from years of contemplating the question. I must say, however, that there is not (to my knowledge) a list anywhere that says if an occupation or department satisfies 12 of the 15 elements listed here, that occupation or department has attained a professional status.

In my list, the elements for becoming a profession were mostly hijacked from a number of the recognized professions. You may disagree with my selections or interpretations.

1. One of the most important elements is something that departments cannot really control although good recruiting helps. This is the inner perspective of the officer. Most practitioners say they felt a calling to the profession. The profession is the way in which they wish to dedicate their lives for serving mankind. It is more than eight-to-five employment. It is a vocation. A life-long pursuit.

2. As such, this naturally leads to a career. A career differs from a job in that the practitioner becomes and "is" a doctor, for example, as compared to someone who "works" as a clerk. The doctor is viewed as being a doctor 24/7. The clerk punches out at 5 p.m. and has no off-duty responsibilities. A clerk may or may not still be a clerk in subsequent years.

3. The occupation itself must supply a critical need or function in society. As well intended as a street department worker may be, that group will probably never be viewed as a true profession no matter how well its members fill chuckholes. Doctors, lawyers, pharmacists, CPAs and policemen perform the sensitive, critical kinds of tasks that fulfill this requirement. They operate in arenas in which much harm can be inflicted if matters are not properly handled.

4. Because these functions are so important and crucial, a great deal of discretion must be placed with the practitioner. These are areas that do not respond well to a one-rule-fits-all approach.

5. In order to ensure that only qualified people are given these substantial discretionary powers, they must be screened and prepared in certain ways. Applicants must have a prescribed minimum level of education so that they have a basic knowledge of how their society operates as well as what is acceptable.

6. Thereafter, specialized training in the professional skills is one of the more obvious elements. Easily stated, this requirement is usually the most demanding.

7. Because these positions are life-long careers, a continuing education requirement must also be established to assure the public that those who graduated thirty years ago have kept pace.

8. In order to know and establish meaningful entrance standards as well as continuing education requirements, etc., there needs to be a controlling organization or professional association that is largely composed of peers who have worked in the profession. The highly technical nature of the specialized training does not lend itself to regulation by outsiders. These organizations typically become the hub of the profession. The ABA and AMA are examples of such organizations.

9. Along with education and training standards, all professions have established a professional publication or journal to keep members informed of new rules and the latest developments in the profession and association.

10. The professional association typically screens new applicants and constructs exams to document new members have sufficient training to enter the profession. This typically manifest itself through a licensing or certification process.

11. Realizing that the function of the profession is to aim for a high level of service to benefit society and to ensure discretion is not abused, most associations create a code of ethics to which all new members must affirm their support.

12. Beyond a general code of ethics, a professional association typically has canons of conduct for addressing specific problems or for handling new developments in society.

13. In order to maintain the standards established by the professional association, the profession needs a way to impose sanctions on those who violate the code of ethics, canons of conduct or continuing education requirements. These sanctions must also include the power of de-certification, license revocation or disbarment when appropriate. This is typically done through a board of peer review.

These are benchmarks that I see other professions successfully using to maintain their professional status in the eyes of the public. There well may be additional elements that I have overlooked. A few of my future articles will likely focus on one or two of these elements in much more detail or examine an entirely new element.

If you would like to make comments on these elements or discuss whether you believe law enforcement has satisfied enough of these elements to qualify as a true profession, you are invited to email, write or call. You may just find your remarks appearing in a future edition of The Law Enforcement Journal.

This is the second part of a two-part article on law enforcement procedures when dealing with the Amish. Tom Fitch of the Shipshewana Police Department wrote this article for the Master Instructor program. Part one dealt with law enforcement contacts with Amish juveniles. Part two deals with law enforcement contacts with adult Amish church members

The Challenges of a Cultural Right of Passage: Law Enforcement and Amish Youth (Part 2)

by Tom Fitch, Shipshewana Police Department - 12/11/07

Another challenge law enforcement faces is dealing with parents of the problematic Amish youth. Upon encountering the parents for the first time, officers may find that many Amish parents will be angry or offended by their presence. These parents adhere to the belief that the church is the supreme authority and that law enforcement is intrusive. Often, parents will argue the facts with the officer, and occasionally, they will accuse the officer of picking on the Amish youth. Parents will argue in front of the younger siblings of the juvenile in question. This reinforces and supports the behavior.

Well known is the fact that Amish use horse and buggies as a means of transportation and have no telephones. Many of the young Amish individuals stopped are too young to be taken to jail. Officers will need to contact the parents, in person, and most likely take the juveniles home, since many live miles from the police station or jail, and their only mode of travel is horse and buggy.

The Shipshewana Police Department has found several effective strategies of working with the Amish Community. First and foremost, all agencies sharing jurisdiction should act consistently. It requires a joint effort . to help change attitudes and years of tradition.

Police agencies in LaGrange County have begun to coordinate officers from all agencies to raid and apprehend the large drinking parties. This coordination makes for a safer and more effective raid. Another change is to start holding parents, who are condoning these large parties, accountable by charging adults with maintaining a common nuisance and contributing.

LaGrange County Probation has contributed to the effort by starting a home-arrest program. This program is enforced by the local law enforcement agencies who then conduct surprise visits to make sure they are in compliance with their probation.

Law enforcement in the past may have taken the same stance as the Amish community on Rumspringa by considering this a harmless tradition. Our agency has changed our attitudes and policies on this practice. In the past, officers would conduct what was known as "pour and goes" by allowing offenders to dump their alcohol and be on their way. It is standard policy to now arrest or detain on the spot the young offenders.

It was common knowledge that in the past officers would not pursue juveniles who ran from law enforcement, thus encouraging the practice. LaGrange County now has several canines, which are called to the large parties that are raided.

As a more proactive approach, the law enforcement agencies are having meetings to share information and coordinate efforts. The Shipshewana Police Department held a meeting in September 2002 with the Amish community to discuss the release of the movie The Devil's Playground. This meeting brought over 400 bishops, deacons, and members of the Amish community from seven different states together.

The Shipshewana Police Department has joined with the Town of Shipshewana in starting the Youth Vision Project that is working with the Amish community to provide drug and alcohol counseling. The project also provides the mental health and law enforcement fields with education on the Amish culture and issues in their Amish community.

The Shipshewana Police Department is attending Amish schools and giving lectures on all safety issues, including drug and alcohol abuse.

Another issue which affects law enforcement is how to respond to and investigate calls in which Amish are victims. Without an understanding of the Amish culture, officers cannot and will not effectively service their Amish communities.The Amish are a very closely-knit community. It is for this reason they are often victims of crimes that go unreported. The Amish believe in non-resistance and pacifism. This is demonstrated in a popular movie Witness starring Harrison Ford. Many Amish are taught and expected to "turn the other cheek." This leads to the Amish being victimized by the same perpetrators, as they will not call the police. Sexual crimes, domestic violence, and property crimes often go unreported in the Amish community. When crimes such as domestic violence and sexual crimes are committed, they are generally reported to church officials who then attempt to handle these situations on their own. It is not until the crime is so severe or has occurred on multiple occasions that eventually law enforcement becomes involved. Neighbors, friends, or witnesses to the crime who are not of the Amish culture, are often the source by which these crimes are reported. Local law enforcement is currently working on more effective strategies to encourage the Amish community to report crimes.

It is critical for law enforcement agencies that have an Amish community in their jurisdiction to train their officers in the Amish culture. Without this critical training, officers will not have an understanding of why certain situations occur.

In light of the recent school shooting incident in Pennsylvania, a need for training in the area of school safety and security has arisen. The Shipshewana Police Department is working to provide resources to Amish Schools and Churches, without interfering with religious beliefs. This is just one example of how police agencies should strive to continue training in the area of cultural diversity.

This month's article is from Tom Fitch of the Shipshewana Police Department. Tom presented this paper, The Challenges of a Cultural Right of Passage: Law Enforcement and Amish Youth as part of his Master Instructor requirement. Tom's paper has been edited for length and is presented in two parts. Part one is this article and describes the problems of handling Amish youth. Part two will be published next month and will address the problem of dealing with Amish adults, particularly parents.

The Challenges of a Cultural Right of Passage: Law Enforcement and Amish Youth

by Tom Fitch, Shipshewana Police Department - 11/1/07

Police officers must be proactive in their communities. Most officers receive extensive police training in how and when to enforce state statute. Officers are taught criminal law, traffic law, accident investigation, and many other aspects of law enforcement, and though some cultural diversity training is given, the Amish culture is so unique and isolated that it . is not often addressed in formal police training.

LaGrange County has a population of 37, 000 citizens, of which one third is Amish. LaGrange County is part of the LaGrange-Elkhart Amish settlement, which is the third largest in the United States. Shipshewana is a small community whose population is comprised mainly of Amish and Mennonite citizens.

The Shipshewana Police Department is responsible for the Midwest's largest flea market and a tourist population of over one million people a year who come to observe the Amish way of life. The perception of Amish culture by visiting tourists is quite different than that of local law enforcement.

To better understand why the Amish community provides such a unique challenge for law enforcement, it is imperative to understand its history. Believing in separation of church and state and freedom of choice in choosing when you become baptized, a small group of individuals started the Anabaptist Movement.

The beliefs that [originally] separated the Anabaptists from other religious organizations of their time were adult baptism (Anabaptism - twice baptized), use of the New Testament, separation of church and state, separation from the world, pacifism, nonresistance, and a disciplined community.

From the Anabaptist Movement splintered four groups. The Hutterites and Mennonites splintered from the movement in 1525. The Mennonites got their start from a Dutch Anabaptist by the name of Menno Simons. The Mennonites believed that baptism is a conscious choice of an individual and should only be considered as an adult.

In 1563, the Amish splintered from the Mennonites. The Amish took their name from an individual named Jakob Ammann. Those who followed Ammann were called Amish.

In 1770, the Mennonites and Amish both began looking for land in North America. Approximately 300 individuals settled in the Quaker Colonies of Pennsylvania. In 1840, the Amish began looking for land further west. Four Amish men traveled as far west as Iowa looking for land. Originally hoping to settle in Iowa, these individuals traveled back across northern Indiana, coming across the Goshen, Indiana, area, where they decided to settle. During the middle 1800's the second wave of Amish from Europe settled directly in Allen and Adams Counties in Indiana.

Since this time, the Amish have continued to grow and migrate at an astounding pace. The Amish are one of the fastest growing groups of individuals in the United State, doubling their population every 20 years. Currently, there are approximately 222,000 Amish and 1,674 congregations throughout the United States. In Indiana alone, there are 37, 900 Amish and 285 congregations.

Cities and towns will face complex tasks as Amish communities grow in size, due to larger families and high retention rate in the Amish religion. Additionally, there are several differences between the Amish community and mainstream America. This creates several conflicts. First and foremost is that of how to effectively enforce the laws against the Amish without interfering with their religious beliefs. Secondly, is how to properly train our officers to investigate crimes against the Amish.

One of the major issues faced by law enforcement is rumspringa. Rumspringa is a period of time between the age of sixteen and when individuals decide if they are going to join the Amish church and become baptized. It is during this time that young adults are allowed to "test the waters" of mainstream society.

Many juveniles during this period do not attend church. It is also during this time that juveniles begin working outside the home. They purchase vehicles, dress in the most modern fashions, and begin dating and socializing. This socializing often involves large parties that include drugs and alcohol. Often, this is when local law enforcement has its most negative dealing with the Amish community. One might say this is no different than what juveniles in mainstream society encounter at that age, but there are several factors not accounted for.

Due to religious affiliation, Amish juveniles end their formal education at 8^th grade, as opposed to the "English" who are required to attend school through age sixteen.

After 8^th grade, many Amish youth join the work force. In the Elkhart-LaGrange Amish Settlement this means working in the recreational vehicle and mobile home industry. This industry requires a lot of exertion but is also very lucrative. At a very early age, Amish youth are making between fifty and seventy thousand dollars a year. It should also be mentioned that drugs and alcohol flourish in these factory settings. This creates a very bad combination for a young adult.

Weekends in the Amish juvenile community involve socializing with other Amish youth. Much of the socializing that takes place occurs at large group gatherings or parties or while cruising around on the dirt back roads drinking, also called graveling. It is not uncommon for Amish to gather in groups of five or six juveniles and cruise the back roads drinking, smoking, and possibly doing drugs.

When not graveling, many Amish youth attend very large parties, usually involving several hundred juveniles and young adults. The participants in these parties come from several different states and are not always Amish. These parties are either in fields off the road or, during inclement weather, in barns or tool sheds.

Cruising around the rural back roads and going to or coming from the parties is when law enforcement most often encounter the Amish juveniles. It is during these contacts with law enforcement when it becomes critical to understand the cultural beliefs of the Amish. Without this knowledge, an officer will find himself uninformed and dealing with difficult situations.

At first glance, rumspringa appears as a stain on Amish culture. The Amish, however, feel as though this fling with worldliness gives them the strength to come back to the Amish religion and be strong standing members. It is believed that ninety percent of the Amish youth will return to the Amish Church.

The history of this practice dates back to very early Amish culture. In the Amish culture, it is accepted and even is expected of the young Amish people.

It is for this reason that when police officers stop Amish youth on the road, they will encounter very different attitudes than that of English society. Often times, the young Amish males will not show any remorse or attempt to hide the fact they have been partaking in the illegal activity. When stopped, many Amish juveniles will not [volunteer to take a] test for alcohol on a preliminary breath test but will be more than willing to share with the officer the fact that they had consumed alcohol. The juveniles are often times jovial and sarcastic when talking with officers. Occasionally, the young Amish youth will resist law enforcement. Amish youth view law enforcement differently than mainstream youth. To many Amish youth, running from police is a game which they learn form friends and family.

An example of this attitude is demonstrated in a recent situation in Millersburg, Ohio, at a nearby Amish settlement with close ties to Shipshewana. A group of more than 100 Amish juveniles at a party threw rocks at police cars, causing police to enter the party, at which time juveniles attempted to take the handgun of an Ohio Deputy. There were juveniles from several different Amish settlements throughout the United States at the party. Twelve of the Amish juveniles arrested were from LaGrange County in the Shipshewana area. While on probation one of the juveniles explained a plan by local Amish youth to ambush a Shipshewana deputy and flip over his squad car.

Many of the above-mentioned issues stem from the cultural belief that church is the supreme authority. Amish live there lives by a guideline called an ordnung, which is enforced, by the church.

This has been the case since the Anabaptist Movement in the early 1500s. These juveniles have grown up all their lives watching their parents and their neighbors living by the ordnung.

The Amish culture is very close and most often solves problems within its community, who find law enforcement to be very intrusive and unnecessary. Many problems handled in mainstream society are often times handled by parents, bishops, or deacons of the Amish church. This engrained belief will create a problem for a road officer who has just stopped an Amish juvenile or a group of juveniles. Many will not accept the authority of law enforcement due to their strong belief in church as being the supreme authority. There are no real consequences, except for man-made laws, for their actions. They are expected to experience what real life has to offer, and part of this is experimentation with drugs and alcohol.

Part two of this paper will be published next month.
Our thanks to Tom Fitch for allowing us to publish his paper.

The Profession: Refresher Training

by Michael Lindsay, Deputy Director - ILEA - 8/13/07

In discussions on professionalism, there seems to be several recurring points that surface when addressing law enforcement's continuing development.

The essential elements of a profession are often debated. One that seems well settled, however, is the need to keep members updated on the latest developments as well as keeping them well practiced in the basic skills.

To this end, all recognized professions require continuing education beyond a practitioner's basic educational and training requirements.

Law enforcement is no different. A continuing education requirement has been mandated since the early 1990's.

Since that time, other continuing education requirements have also been established by federal regulations, state law and grant provisions. Interestingly, our original 16 hour continuing education requirement has not been modified since its enactment.

Also of interest is the fact that even with the mandated training for SIDs, Hazmat, mental illness, domestic abuse and human trafficking-just to mention a few-we have never required continuing education in the high liability areas.

Most departments probably address firearms, emergency vehicle operations and physical (defensive) tactics just because these subjects are high liability areas. The Law Enforcement Training Board (LETB) is presently considering what requirements should be established, if any, for these areas. Your input as a member of the profession is important.

The relatively new "refresher" statute is yet another aspect of this same continuing education question.

For years, there was a question as to what in-service training an officer should receive if that officer left law enforcement for several years and then returned. Did the officer need to make up the 16 hours for each year missed? Was he beyond the jurisdiction of the training statute while out of law enforcement, and therefore needed no training before re-entering law enforcement? Should he re-take the basic course?

None of these questions were clearly addressed by the original basic and continuing education statutes.

Although some gray areas still exist, if an officer re-enters law enforcement after a period of inactivity, additional training is now required depending on how long the officer has been absent.

Whether one considers the new refresher law a remedy for unanswered questions in the continuing education statute or a new basic training law for those with prior experience, the specific requirements have now been solidified by the LETB. Those who are out of law enforcement for more than two (2) years but less than six (6) years can reactivate their certificates by completing a Board specified program.

Those out of law enforcement for more than six (6) years must retake the entire basic course.

All recognized professions have a well-developed continuing education requirement. The refresher law is just another step in establishing a system that projects a professional image to the public.

We must, as a profession, also evaluate if the time has arrived to modify or re-design our basic 16-hour continuing education requirement. Should training in the high liability areas be mandatory? Is this a matter that should be left exclusively to department discretion so that courses can be designed that are right for that particular department?

Please let us know your thoughts. This is your profession.

(Send your thoughts to mlindsay@ilea.in.gov)

The Profession: Another Step Closer

by Michael Lindsay, Deputy Director - ILEA - 7/20/07

In a somewhat mechanical way, we have recently taken another step in becoming a recognized profession through our newly acquired ability to exclude members from our ranks for misconduct.

This occurred when the Indiana legislature enacted a provision which allows the Law Enforcement Training Board to revoke a basic training certificate under a few, well-defined, conditions.

When discussions occur on law enforcement's status as a profession, one of the issues that some say is a stumbling point is our ability to discipline or exclude those who would violate our standards. Of course, departments have always had the ability to terminate an officer's employment, but this does necessarily brand someone ethically. We all know that some firings occur for political purposes or because of personality conflicts. Conversely, someone terminated from one department is not barred from employment at another department.

Indiana, as well as many other jurisdictions, has multiple levels of practitioners-as well as competency levels. All levels have arrest powers that are substantially the same. The difference then is not so much if someone has arrest powers but more as to how well trained and how professional the highest strata has become.

Most states allow sheriffs and chiefs to appoint special deputies, special officers or auxiliary officers who are required to have no formalized training or continuing education. These are typically limited commissions for a particular purpose or for a restricted time period although there are occasionally a few of these appointees who are paid, full-time officers.

Many states also allow reserve officers who, like military reservists, typically have less training and experience than regular officers but are fully empowered and used to supplement the regular force.

In addition to these officers, Indiana also has several groups of specialized enforcement officers who, even though they are full-time employees, are granted authority only while working for a particular type of agency or for a specific department. These officers are often allowed to complete an abbreviated basic training program.

At the top of this hierarchy is the fully certified officer who is authorized to enforce all of the criminal law and who can move freely from department to department because the basic and continuing education requirements for this officer are the highest required of any enforcement group.

It is this top layer that sets the standards and strives to maintain a professional status.

The Law Enforcement Training Board has recently concluded its first revocation hearing for one of these certified officers. The outcome-revocation of his certificate-was actually less important than the fact that this procedure is now available and used.

On a more philosophical level, this new law has substantially changed the focus of our Indiana certification statute. Previously, our basic course certification was merely an acknowledgement that the basic course had been successfully completed. Once certified, always certified was the law in Indiana .

The revocation power has altered the basic course certificate from being merely an acknowledgement of training to being an on-going professional license.

Although the grounds for decertification are limited at this time, this law along with the new "refresher" statute is a radical change in the philosophical underpinning for this highest level of Indiana enforcement officer.

With this new law, we have taken another substantial step towards the goal of demonstrating to the public-in a concrete way-that we have addressed one more essential element of a profession that was previously in question. - M. Lindsay

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