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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