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LAW ENFORCEMENT ETHICSWhat is “Ethics”Means vs Ends dilemmaUtilitarian EthicsDeonological EthicsWhile consequences are important, the basis of a democratic society - process is anintegral part of a democracy and therefore the basis for evaluating the behavior is themeans not the endsThree forms of behavior:CEthicalCOrganizational/politicalCLegalSources of ethicsJusticeLawAgency PolicySources for standards1. Law enforcement code of ethics and codes of professional conduct2. Organizational standards - established by departments and by state and nationalcommissions3. Procedural and substantive laws - established by appeal court rulings and bylegislationNote: it is the ethical standards that have come under scrutiny by medial and publicinterest groupsWHY ARE ETHICAL STANDARDS AN ISSUE?Social Contract:Protection based on control mechanism that contribute to the maintenance of order inreturn for surrendering certain rights. (Rousseau - The Social Contract, Locke - Two Treatises on Civil Government, andHobbes - Leviathan)Government collectively represents the society as a whole and appoints agents (police)to enforce these control mechanisms. Privileges granted to government includepermission by the people to develop strictly limited processes and proceduresSociety expects that the government will protect citizens, respect the rights of citizensand appoint agents who have the integrity to protect citizens and adhere to theconditions of the social contract.Police RolesCProtectorCCrime fighterCService providerRole conflictsWHAT CONSTITUTES A GOOD POLICE OFFICER?Principles of justiceFairness - uphold the law regardless of who the offender is and not single outspecial groups. Cannot use the position to take advantage of people, must avoidgratuities which could give the appearance of special treatmentRule of law - police are tools of the constitution and are mandated not to go beyondit or supplant rules of their own. Not concerned with law breakers, but their ownbehavior must be withing the bounds of the law - their behavior must conform to thedictates of law and policy.Behavior - police officers must at all times and all places maintain a high standard ofbehavior consistent with the position of a public servant. Practice a higher standard ofbehavior in their public and private lives than most other people.WHY ARE ETHICS IMPORTANT:Cplay an important part of the internal image of policeCplay an important part in how the police are perceived by the publicCensure self-respect in the individual officersCmutual respect among officersIntegrity - acting in ways consistent with an ethicWhat contributes to a police subculture?Typically from a homogeneous social group - feel themselves more similar to eachother than to the groups they interact with as part of their jobJob is stressful (potential danger and generally unpleasant experiences - results infeeling that police are special and different from everyone else.Participate in basically a closed system - Social isolation - Erratic working hours andsocial stigmatism - results in closed viewpoints and legitimization of subculture values.Discretion A - Discretion BForceDue ProcessTruthTimeRewardsLoyaltyPOLICE DEVIANCECsex on dutyCsleeping on dutyCdrinking/chemicals on dutyCsexual harassmentCquid-pro-quo harassmentChostile work environment harassmentPOLICE CORRUPTIONTakes place when an officer receives or is promised significant advantage or rewardfor:Cdoing something he or she is under duty to do anywayCdoing something that he or she is under duty to not doCexercising a legitimate discretion for improper reasonsCemploying illegal means to achieve approved goalsNOTE: the reward may be personal - money, gifts, access to power; or organizational -promotion, peer support, approval of superiorsCInvolves a benefit for the police officer involved in exchange for an abuse of theofficer’s powerCThe misuse of authority by a police officer in a manner designed to producepersonal gain for the officer or others Misuse of powerPersonal gainConstant displays of lying, hiding, cheating, theft create CYNICISM and threaten eventhe strongest code of ethics, especially when these behaviors are carried out by judges,prosecutors, supervisors, and politicians.The SLIPPERY SLOPE of developing a “moral career” - passing through various stagesof rationalization to more serious misdeeds in a graduated and systematic way - once aperson gets past the first moral crisis, it becomes less difficult to rationalize new andmore unethical behaviorsWhy a problem:Erosion of public serviceFalloff of confidence in government competencyOverall lack of public trust and credibilityTypes of CorruptionMoochingacceptance of free coffee, cigarettes, meals, liquor groceries, etc.Perjury willingness to lie under oath to provide an alibi for fellow officersPrejudicetreatment of minority groups less than impartial, neutral, objectiveShoppingopportunistic theftPremeditated theftpredatory criminal activity including planned burglary - this is rarely tolerated bydepartmentsBribery/Extortionuse of vested authority to generated personal source of moneyBribery if initiated by citizenExtortion if initiated by officerShakedownstaking money from criminals or traffic violators in return for overlooking anoffenseOpportunistic theft theftsthefts from suspects, victims, crime scenes, or unprotected areasCorruption of authority (chiseling)accepting or demanding free meals, liquor, services or discounts Kickbacksaccepting or demanding money, good, services from towing companies,ambulances, garages, lawyers, doctors, taxi driversProtection of illegal activitiestaking money or other rewards from vice operators or from legal companies forillegal activityThe fixtaking money or other rewards for quashing prosecution has already beeninitiatedDirect criminal activitiesburglary, robbery, that uses information known to policeInternal payoffssale of work assignments, off-days, holidays, evidence, etc.Combative corruptionplanting or adding evidence, falsifying testimony,etc.Internal Corruptionacts among police officers themselves and involves behaviors from bendingrules to outright commission of illegal acts - Ruby Ridge (destroying all traces ofan after-action internal critique), Waco (falsifying information about use ofweapons)Favoritismpractice of issuing license tabs, window stickers, or courtesy cards that exemptusers from arrest or citation from traffic offenses - frequently extended to familymembers of


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