Código penal
DECLARACIÓN DE MUERTE PRESUNTA 1 Antecedentes
6.3. Situación jurídica
Corruption is a complex concept that is not easily given a specific or wider coverage of understanding that will include all aspect of its form. Corruption has been defined to mean a different thing at different times. For example,
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You (2006), sees corruption as an infringement of just procedures and
signifies a breach of the trust placed in officials to act fairly and impartially. According to the global corruption index (2013), corruption is an abuse of an entrusted power for personal advantage. Sandholtz and Koetzle (2000:32) define corruption as “the misuse of public office for private gains”. For this research, the definition of corruption by Sandholtz and Koetzle might guide my judgement; this definition is all-encompassing, extended to range of behaviours from favour received in form of cash or in kind to induce or change somebody's mind in a contrary manner if such favour had not been introduced.
Empirical studies have shown negative effects of corruption on the trusting attitude for democratic institutions. The scholars also believed that
corruption violates fundamental doctrines of rule of law such as equality, fairness and accountability. Citizens in more corrupt democratic societies would report lower levels of satisfaction with the performance of their legal and political systems and trust in government compared to people who experienced lack of corruption in their government (Smith, 2008; Anderson and Tverdova, 2003; Kaariainen, 2007 Tankebe 2010; Tankebe, 2012). It has also been established that there is a negative relationship between corruption and police legitimacy; corruption diminishes respect and trust for police officers and criminal justice in their regular encounters with the public (Punch, 2009:19; Silva Forne 2009; Tankebe,2010; Sabet 2012; Boateng and Darko, 2016).
In a survey study among the sixteen European countries, Anderson and Tverdova (2003) found that perception of corruption among government institutions in the new democratic system has a negative effect on public trust in the police. Citizens who consider government officials, not
necessarily the police to be corrupt tend to have low trust in the police as well. The effect is possibly damaging since the police operate within an institutional setting in which corruption is widespread, therefore, perceptions of institutional misconduct that affects public ratings, in this case,
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specifically the police (Morris and Kleiner, 2010). Uslaner (2005:4), who argues that corruption in the police is likely to diminish trust in the
government, given the facts that the police is an agent accountable to the government, further supports this argument.
Similarly, Sabet (2012) in the comparative survey, that examined 14 major cities in Mexico, found that the citizens’ dissatisfaction with the Mexico police were associated with both corruption and insecurity. Corruption specifically bribery was linked to insecurity, resulting in low legitimacy perceptions and dissatisfaction with the police. The study concludes that individuals who had directly experienced police corruption in the form of money extortion and other form of bribery expressed higher dissatisfaction with the police (Sabet 2012). Similarly, studies have linked police corruption to bribery (see Tankebe 2010; Morris and Kleiner, 2010). According to Punch (2009:19) “bribery solicitation” from the public is likely to undermine trust in the police.
In a survey study of public perceptions among African— American white and Hispanics on the attitude of the police misbehaviour in the United States, Weitzer and Tuch (2004:320) found different types of police misconduct such as use of excessive force, police corruption, verbal abuse and unnecessary stops of civilians were explanation for low trust in the police. The study showed that race was a great predictor of police abuse and corruption. It was discovered that some offences associated with whites were overlooked
compared to those that were committed by blacks. This study associate police corruption to unnecessary stops and vulgar attitudes in dealing with the
minority ethnics groups. It shows that those who perceived the police as corrupt and that the police rendered abusive words or unnecessary stopped because of their race are likely to see the entire police department as rotten (Tuch, 2004:320).
In another survey, which examines political trust across 10 East‐Central European states, Mishler and Rose (1997) found that higher levels of
corruption were related to lower levels of political trust. Where corruption flourished
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and unchecked, the implication is that such government will experience low trust and people will be unwilling to see such government as legitimate, by implication the police as an agent of the government. Similarly, Morris and Kleiner (2010:1276) have argued that corruption in the government
“undermines the ability of the police to fight public corruption.” The public will consistently disregard the police and build low trust when they perceived corruption in the police and by and large challenge their legitimacy.
However, the section suggests that there is a link between corruption and police legitimacy in understanding public attitudes. This fact can further be substantiated by other studies. For example, Bradford et al (2014) suggest that citizens’ disrespect for police order in South Africa is largely influenced by corruption. Tankebe (2010) also associated a lack of respect for Ghanaian police because of perceived corruption. Similarly, Jackson et al., (2014) argue that corruption has undermined the legitimacy of police in Pakistan.