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LAW ENFORCEMENT ETHICS Criminal Law and Evidence; POST LD (Learning Domain) 1
Means vs Ends Dilemma
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Ethics in a Democracy The principles of honor and morality, accepted rules of conduct, the principles of conduct governing an individual or group.
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Forms of Behavior Ethical Organizational/Political Legal
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Sources of Ethics Justice Law Commissions 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 CA Peace Officers Standards and Training (POST) Procedural and substantive laws – established by appealate court rulings and by legislation
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Professional Police Principles
Sir Robert Peel (1822) the founder of the British Police System and considered the father of Law Enforcement.
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Sir Robert Peels 9 Principles
Basic guidelines created by Sir Robert Peel, for the London Metropolitan Police in 1829 1. The basic mission for which the police exist is to prevent crime and disorder. 2. The ability of the police to perform their duties is dependent upon public approval of police actions. 3. Police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the law.
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Peels Principles continued
4. The degree of cooperation of the public that can be secured diminishes proportionally to the necessity of the use of force. 5. Police seek and preserve public favor not by catered public opinion, but by constantly demonstrating absolute impartial service to the law. 6. Police use physical force to the extent necessary to secure observance of the law or to restore order only when exercise of persuasion, advice and warning is found to be insufficient.
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Peel’s 9 Principles continued
7. Police at all times should maintain a relationship with the public that gives reality to the historic tradition; the Police are the public and the public are the police. The police being only full time individuals charged with the duties that are incumbent on all of the citizens. 8. Police should always direct their actions strictly towards their functions and never appear to usurp the powers of the judiciary. 9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it.
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Progress in Police Professionalism
The Commission on Peace Officer Standards and Training (POST), created in 1959. CA Post established standards of training for Officers in the Academy as well as ongoing professional update training. POST Training for full time officers: Basic Certification Intermediate Certification Advanced Certification
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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 surrendering 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 Problem Solver 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
Doing the right thing, the right way, for the right reason
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Leadership The practice of influencing people, while using ethical values, to produce an intended change. People pay more attention to what you do than what you say! Effective Leaders of the 21st Century have two important traits that must exist together: “Competence and moral character”- General Norman Schwarzkopf
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Police Power and authority
The officer has the privilege of representing society Police Authority is the right to act according to the general health, safety, and welfare of the people Police Power is the force utilized to ensure compliance with the laws.
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Leadership and Community
Successful community policing require that officers and the community have a common regard for each other. Share common sense of values and communicate openly
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Leaders as a courageous followers
Follow the law Assume responsibility for self and department Speak out against injustice Mentor and develop others Putting yourself after the needs of the community and the agency
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Absence of leadership Fear, suspicion, disdain
“Them against us” mentality Reduced community input and help Decreased financial support Reduced compliance and increased officer safety threats
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Law Enforcement Officer
Society has elected to govern the behavior of its members by enforcing rules designed to control conduct Law, to be effective, must naturally be enforced
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Police authority vs. power
Police authority is the right to act according to the general health, safety and welfare of the people Police power is force utilized to ensure compliance with the law
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Compliance vs. commitment
Compliance is the acceptance of a person’s authority . Often a response to a lawful order. Commitment is the result of an internal willingness to embrace certain values of leadership and agency goals. Often looked at as a willingness to exceed expectations.
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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 Organizational 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
Adequate background checks Adequate Training Adequate financial support and services Positive Leadership and supervision Checks and balances in police assignments Political Influence Policies and Procedures Internal-Affairs units Policing the Police by he police
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