Ethics in Criminal JusticeEthics in Criminal Justice

CJ 3750CJ 3750

Professor James J. Drylie Professor James J. Drylie

Week 7Week 7

Crime Fighter or Public Servant?Crime Fighter or Public Servant?

•• Majority of police officers are honest and Majority of police officers are honest and

ethical people.ethical people.

•• Police actions often result is Police actions often result is harsh scrutinyharsh scrutiny

•• Police feel they are often treated Police feel they are often treated unfaorlyunfaorly

by public and mediaby public and media

•• No other CJ profession wields as much No other CJ profession wields as much

discretion as a POdiscretion as a PO

Crime Control Model Crime Control Model

•• Criminals are the Criminals are the ““enemyenemy””

•• Police are the Police are the ““armyarmy”” to protect societyto protect society

•• ““Good peopleGood people”” accept and understand that accept and understand that

the police are in a the police are in a ““warwar”” and they are the and they are the

expertsexperts

Police as Public Servants Police as Public Servants

•• Criminals are not a distinct groupCriminals are not a distinct group

•• Police have limited ability to affect crime Police have limited ability to affect crime

ratesrates

•• The police serve The police serve ““allall”” people, including people, including

criminalscriminals

PackerPacker’’ss Model of Policing Model of Policing

•• Most important function: crime controlMost important function: crime control

•• A failure law enforcement A failure law enforcement –– breakdown of breakdown of

orderorder

•• The criminal process guarantees social The criminal process guarantees social

freedomfreedom

•• Efficiency is a priority Efficiency is a priority

•• EmpahsisEmpahsis on speed and finalityon speed and finality

•• Presumption of guilt Presumption of guilt

DueDue--Process ModelProcess Model•• The possibility of error existsThe possibility of error exists

•• Finality is not a priorityFinality is not a priority

•• Insistence on prevention and elimination Insistence on prevention and elimination

of mistakesof mistakes

•• Protection of process and innocence are Protection of process and innocence are

equally importantequally important

•• Shortcuts negate efficiencyShortcuts negate efficiency

•• Coercive power of state is abusive Coercive power of state is abusive

Community Policing Community Policing

•• A move away from a position of A move away from a position of

anonymityanonymity

•• Direct engagement with the publicDirect engagement with the public

•• ProPro--active crime preventionactive crime prevention

•• Decentralized operationsDecentralized operations

•• Move decisionMove decision--making downward to POmaking downward to PO

•• Encourage citizen initiative Encourage citizen initiative

Authority & PowerAuthority & Power

•• AuthorityAuthority is the unquestionable is the unquestionable

entitlement to be obeyed that comes from entitlement to be obeyed that comes from

fulfilling a specific rolefulfilling a specific role

•• PowerPower is similar to authority, but implies is similar to authority, but implies

resistance resistance

•• PersuasionPersuasion overcomes resistance thru overcomes resistance thru

signs, symbols, words and argumentssigns, symbols, words and arguments

•• ForceForce is physical and exercised through is physical and exercised through

mental domination and control mental domination and control

Social Contract Social Contract

•• Society gives up complete liberty in return Society gives up complete liberty in return

for guaranteed protectionfor guaranteed protection

•• Police power is apart of the Police power is apart of the quid pro quoquid pro quo

•• The police have the power to protect us, The police have the power to protect us,

but the power may be used against usbut the power may be used against us

Cohen & Feldberg (1991)Cohen & Feldberg (1991)

Social contract & ethical standardsSocial contract & ethical standards

•• Fair accessFair access

•• Public trustPublic trust

•• Safety & security Safety & security

•• TeamworkTeamwork

•• ObjectivityObjectivity

Cohen & Feldberg (1991)Cohen & Feldberg (1991)

Formal Ethics for Police OfficersFormal Ethics for Police Officers

•• An aspiration or ideal describing the An aspiration or ideal describing the

perfect professionalperfect professional

•• Principles or guidelines that relate to the Principles or guidelines that relate to the

value system of the organizationvalue system of the organization

•• Mandatory rules of conduct that serve as Mandatory rules of conduct that serve as

the basis of disciplinethe basis of discipline

Law Enforcement Code of Ethics Law Enforcement Code of Ethics

•• IACP promulgated a code of ethics IACP promulgated a code of ethics

–– Widely adopted by agenciesWidely adopted by agencies

–– May not relevant to the realities of most PosMay not relevant to the realities of most Pos

–– Criticized for being Criticized for being

•• VagueVague

•• ConfusingConfusing

•• Impractical Impractical

–– Praised asPraised as

•• An idealAn ideal

•• Something to aspire toSomething to aspire to

•• A goal, not a descriptive average of behaviorA goal, not a descriptive average of behavior

Four themes of IACP CodeFour themes of IACP Code

•• Principle of justice or fairnessPrinciple of justice or fairness

•• ServiceService

•• Importance of lawImportance of law

•• Personal conductPersonal conduct

Policing and Professionalism Policing and Professionalism

•• Body of specialized knowledgeBody of specialized knowledge

•• PrePre--professional & continuing educationprofessional & continuing education

•• Legal autonomy to exercise discretionary Legal autonomy to exercise discretionary

judgmentjudgment

•• Lateral movementLateral movement

•• Authorized selfAuthorized self--regulation regulation

•• Professional associationProfessional association

–– Is policing a profession?Is policing a profession?

The Police Subculture: An extremeThe Police Subculture: An extreme

•• Members are typically homogenousMembers are typically homogenous

•• Uniquely stressful environmentUniquely stressful environment

•• Participate in a basically closed social Participate in a basically closed social

system system

Police Attitudes Police Attitudes

•• Cynicism Cynicism –– view all citizens with suspicionview all citizens with suspicion

•• Use of force Use of force –– embraces force for all embraces force for all

situations wherein a threat is perceived situations wherein a threat is perceived

•• Police as victims Police as victims –– public public

misunderstanding, low wages, and misunderstanding, low wages, and

vindictive administrators vindictive administrators

ScheingoldScheingold (1984)(1984)

Normative Orders of PolicingNormative Orders of Policing

•• LawLaw

•• Bureaucratic controlBureaucratic control

•• Adventure/machismo Adventure/machismo

•• SafetySafety

•• CompetenceCompetence

•• Morality Morality

Herbert (1996)Herbert (1996)

Police Police ““ThemesThemes””

•• Coercive territorial controlCoercive territorial control

•• ForceForce

•• Illicit coercionIllicit coercion

•• Importance of gunsImportance of guns

•• Suspicion Suspicion

•• DangerDanger

•• Uncertainty Uncertainty

•• SolidaritySolidarity

•• Maintaining the Maintaining the ““edgeedge””

““Cop CodeCop Code””

•• ““cover your mencover your men””

•• ““dondon’’t back door itt back door it””

•• ““dondon’’t go into somebodyt go into somebody’’s areas area””

•• ““CYACYA””

•• ““Know the bossKnow the boss””

A weakening subcultureA weakening subculture

•• Increasing diversity of police recruitsIncreasing diversity of police recruits

–– Reduced the level of social homogeneity in Reduced the level of social homogeneity in

police organizationspolice organizations

•• Police unionsPolice unions

–– Formalizing the relationship between line and Formalizing the relationship between line and

managementmanagement

•• Civil litigation Civil litigation

–– Increased the risks associated with the Increased the risks associated with the ““Thin Thin

Blue LineBlue Line””

Discretion, Duty, Discrimination Discretion, Duty, Discrimination

•• Discretion Discretion –– the ability to choose between the ability to choose between two or more courses of behaviortwo or more courses of behavior

–– Police style impacts discretionPolice style impacts discretion•• LegalisticLegalistic

–– Least amenable to discretionary enforcementLeast amenable to discretionary enforcement

••WatchmanWatchman–– Depends on definitions of groups and individuals Depends on definitions of groups and individuals

•• CaretakerCaretaker–– Treats citizens depending on their relative power and Treats citizens depending on their relative power and position within society (Wilson, 1976)position within society (Wilson, 1976)