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LAW ENFORCEMENT ETHICS

Means vs Ends Dilemma

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Deonological vs Utilitarian is an approach to

ethics that focuses on the rightness or wrongness of intentions or motives behind action such as respect for rights, duties, or principles, as opposed to the rightness or wrongness of the consequences of those actions

the moral worth of an action is determined solely by its contribution to overall utility: that is, its contribution to happiness or pleasure as summed among all persons - the moral worth of an action is determined by its outcome: put simply, the ends justify the means

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Ethics in a Democracy

While consequences are important, the basis of a democratic society includes the notion that process is an integral part of a democracy and therefore, the basis for evaluating the behavior is the means not the ends

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Forms of Behavior

Ethical

Organizational/Political

Legal

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Sources of Ethics

Justice

Law

Agency Policy

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Sources of Standards Law enforcement code of ethics

and codes of professional conduct Organizational standards –

established by departments and by state & national commissions

Procedural and substantive laws – established by appeal court rulings and by legislation

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Why are Ethical Standards an Issue?

Social Contract Protection based on control

mechanisms that contribute to the maintenance of order in return for surrendingin certain rights

Government collectively represents the society as a whole and appoints agents (police) to enforce the control mechanisms

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Social Contract (cont) Privileges granted to government include

permission by the people to develop strictly limited processes and procedures

Society expects that the government will protect citizens, respect the rights of citizens, and appoint agents who have the integrity to protect citizens and adhere to the conditions of the social contract

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Police Roles

Protector

Crime fighter

Service provider

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What constitutes a Good police officer?

Based upon Principles of Justice

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Principles of Justice

Fairness

Rule of Law

Behavior

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Fairness

Uphold the law regardless of who the offender is and not single out special groups

Cannot use the position to take advantage of people

Must avoid gratuities which could give the appearance of special treatment

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Rule of Law Police are tools of the constitution

and are mandated not to go beyond or supplant rule of their own

Not concerned with law breakers, but their own behavior must be within the bounds of law.

Police behavior must conform to the dictates of law and policy

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Behavior

Police officers must at all times and all places maintain a high standard of behavior consistent with the position of a public servant

Practice higher standards of behavior in their public and private lives than most other people

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Why is Ethics Important

Play an important part of the internal image of police

Play an important part in how the police are perceived by the public

Ensure self-respect in the individual officer

Mutual respect among officers

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What is Integrity?

Acting in ways consistent with an ethic

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What is Police Deviance?

Sex on duty Sleeping on duty Drinking/chemical use on duty Sexual harassment Quid-pro-quo harassment Hostile work environment

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What is Police Corruption? Takes place when an officer receives or is

promised significant advantage or reward for: Doing something he/she is under duty to

do any way Doing something he/she is under duty

not to do Exercising a legitimate discretion for

improper reasons Employing illegal means to achieve

approved goals

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Rewards Personal rewards

Money Gifts Access to power

Organizational rewards Promotion Peer support Approval of Superiors

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Slippery Slope Process of developing a “moral career” Passing through various stages of

rationalization to more serious misdeeds in a graduated and systematic way

Once a person gets past the first moral crisis, it become less difficult to rationalize new and more unethical behaviors

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Why are Deviance/Corruption problems? Erosion of public service Falloff of confidence in government

competency Overall lack of public trust and

credibility Constant displays of lying, cheating,

theft, etc. create Cynicism and threaten even the strongest code of ethic – especially when carried out by member of the criminal justice system

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Corruption Mooching Perjury Prejudice Shopping Premeditated Theft Bribery/Extortion Shakedowns Opportunistic Theft

Corruption of Authority – Chiseling

Kickbacks The Fix Direct Criminal

Activity Internal Payoffs Combative

Corruption

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Preventing Corruption Positive Leadership Political Influence Authority and Responsibility Policies and Procedures Internal-Affairs units Field Associate Programs Turning Integrity Testing