Ethics in Policing free essay sample

This paper explains issues that shape the role of ethics in policing. Police ethics involves hard choices as well as avoiding violations of basic moral standards. Police officers will inevitably face ethical issues concerned with questions of right and wrong. Moreover, the authority that is given to police officers in order to protect the public presents the temptation to abuse the power given to them. This paper is meant to explain the rule-of-law and how it represents societal standards that define police duties and responsibilities. Additionally, the two types of problems that are encountered in police ethics is explained as issues that center around integrity and problems that involve harder choices in law enforcement which require additional ethical analysis. Police corruption is further explained through personalistic, institutional, and a systemic approach. This is witnessed in the example of the hiring of Miami police officers in the early 1980s. Finally, efforts to prevent police corruption are described with a concentration at the beginning of an officer’s career with continual training throughout. We will write a custom essay sample on Ethics in Policing or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Ethics in Policing The original conception of the police forces’ role in society emphasizes the need for police to obtain community support in order to perform policing duties. There are three issues that have shaped the role of ethics in policing: styles of policing, the police as an institution, and police culture. The study of police ethics highlights the importance of the roles and responsibilities of the police, specifically the power of discretion afforded to them. Police decisions can affect life, liberty, and property of individuals within the community and must maintain a high moral code. All of these factors point to the centrality of fostering ethical standards in policing. â€Å"Effective law enforcement in a democratic society is possible only when the police honor basic standards of integrity (Heffernan, 1982). † Police misconduct is a complex singularity that occurs when police officers abuse the trust of the society they are sworn to protect. This can come in the form of lying, accepting bribes, robbing drug dealers, selling of drugs, or turning a blind eye when a fellow officer is using excessive force. The consequences of these acts go far beyond actions against the police officer as it diminishes public confidence and trust in law enforcement. Crime prevention and public safety are the overarching goals of law enforcement. Police ethics involves making hard choices as well as avoiding violations of basic moral standards. â€Å"Of all criminal justice agencies the police are the most widely dispersed, readily accessible, and widely visible agents of the criminal justice system (Sechrest and Burns, 1992). † Officers must draw upon an ethical framework along with relying on emotion, instinct, and personal values when facing ethical issues. Ethical issues and questions arise for nearly every officer and are concerned with the issue of right and wrong and how we should react to them. The approach that is adopted to an ethical issue will frame and give meaning to any decision we make, and can be used to justify and validate that decision. Members of the law enforcement profession must be aware of, and adhere to ethical standards when carrying out their functions. The law gives the police immense authority, and that authority, if used appropriately, ensures law and order while protecting the community. Policing, or police culture, fringes on the mutual respect and cooperation of the public in which the police are sworn to protect (Banks, 2009). Due to the authority that is placed on these individuals, the temptation to abuse this power is forever existent. Similarly, there is a formal rule-of-law that represents societal standards that define police duties and responsibilities. Then there are unwritten rules that determine acceptable and normative behavior with any particular police department. Finally, there are individual officers ethical standards developed over a lifetime of interaction with family and peers (Finckenauer, 2002). In certain circumstance police officers have a selective disregard for the rule-of-law. This is evidenced by the many cases of police misconduct seen throughout the nation. Officers at times bend and sometimes break rules and laws in attempting to reach those goals. Occasionally the police commit crimes, violate the rule-of-law, and infringe on human rights while protecting the community they are protecting (Finckenauer, 2002). There are two types of problems that are encountered in police ethics. The first type include issues that center around integrity such as taking bribes, giving  perjured testimony, or inflicting harm on suspects through use of illegal force. The other set of problems involve harder choices in law enforcement that require further ethical analysis needed to supplement the judgment of right and wrong (Heffernan, 1982). Although the public is most concerned about the more visible encroachment of the rule-of-law, most of the unethical conduct is more mundane and difficult to detect. Violations of the rule-of-law include acts such as police brutality, planting false evidence, and lying in court (Finckenauer, 2002). There are several factors that encourage police officers to violate the rule-of-law and human rights. Police are an integral part of the criminal justice system has the purpose of controlling crime in the community. Due to the unique authority that is given to police officers the opportunities to abuse that power are countless. With this authority officers must respect the public they serve and must maintain a balance between crime-control and due process. Career success and progression influence officer behavior. Society judges the effectiveness of police organizations based on crimes solved, people arrested, tickets written, or contraband seized. Due to this pressure that is placed on these organizations, thus the officers within, police conduct in terms of legality are sometimes ignored or covered up. Another factor includes an officer’s need for belonging. It is human nature to desire acceptance and to be a part of a group. The complexity of law could also be a factor in such violations. Laws at times tend to be very complex and unclear in their application. This can be witnessed in numerous court cases. Interpretation of laws requires judgment from the police and extends to the principle of police discretion (Bayley 2002). By violating the rule-of-law police do not achieve a visible reduction in criminal activity. Additionally, overstepping the legal boundaries hinders the overall perception of law enforcement and undermines its authority. It also impairs crime control by isolating the public. This will cause the public to lose trust and respect with the police lessening the likelihood of community assistant. Once a lack of public support is present the likelihood that criminal activity will be present within the community will increase. The effectiveness of law enforcement is directly tied to the level of public support. Without this support the police’s ability to solve crimes and apprehend criminals is significantly hindered. â€Å"Extensive research has shown that when the police alienate the public, their ability to enlist the cooperation of the public declines and hostility toward the police in face-to-face encounters increases (Bayley 2002). † Officers must enforce the law but how they decide to enforce it will lead to the support, or lack thereof, from the individuals involved. Additional research presents that the way in which laws are enforced (i. e. forcing one party in a domestic abuse situation to leave or arrest that individual in front of everyone in the neighborhood) affects the overall perception of their legitimacy and the willingness of people to respect police authority. This authority, along with police discretion in any given situation, can lead to ethical misconduct. This misconduct can be a result of individual officer attributes, community or ecological factors, and organizational characteristics. The community or ecological factors can determine the type and severity of temptations an officer may face. Certain characteristics or changes in these characteristics directly relate to police misconduct. The third group of factors includes the organizational attributes of the department police officers work in. Although little research has been conducted in this area, the importance of organizations in preventing or promoting police misconduct cannot be ignored. Unethical behavior is largely a product of the everyday practices within an organization. Additionally, explanations for police corruption may be â€Å"personalistic†, institutional, or systemic. The personalistic explanation describes corruption as a result of rotten apples where personal values and beliefs determine the performance of an officer. This can be prevented by a proper recruitment process to ensure corrupt individuals are prevented from entering the police force. The factors that entice corruption according to the institutional approach include the low public visibility of police and the secrecy, or police subculture, with the institution. Lastly, the systemic viewpoint looks at the pressure placed on the police by society that provokes corruption. The root of this issue can be found in the interaction between the police and the community, and not in the individual officer or the police department (Banks, 2009). Conversely, explanations for police misconduct focus on three factors: individual police officer, on the institutional culture of policing, and on society in general. In the individual approach, corruption is explained as a consequence character faults, and the principal motive is the pursuit of personal gain whether materialistic or promotion. Explanations based on the institutional culture of policing suggest that the police commitment to the overall good, also called the noble cause, and how it can produce a way of thinking about police work that justifies acts of misconduct on the basis that the noble cause of policing justifies bending the rules. Another explanation for police corruption suggests that corruption is caused by the pressure society imposes on the police. Moreover, corruption evolves out of organizational character or lack thereof (Manning, 2009). Research studies indicate that the underlying causes of police misconduct go beyond the conduct of one officer and his/her subunit. The organizational and occupational approaches towards police misconduct stems from the leadership within the respective police department, recruitment process, police culture and socialization, ethics training, and official agency rules (Ivkovic, 2009). It can also be argued that the behavior of police officers is due to the misunderstanding of what is right and wrong. Other theories suggest that the problem is not normative, but cognitive. With this theory police generally know the difference between right and wrong and what behavior is acceptable. This can be explained as these types of police officers believe the violation of law and of human rights is required to effectively enforce the law. According to a survey conducted for the U. S. Department of Justice, 43% of 925 officers randomly selected from 121 American police departments thought that â€Å"always following the rules is not compatible with getting the job done† (Bayley 2002). This is witnessed by the corruption that was rampant throughout the late 19th Century. Although levels of corruption is not as prominent as that time, recent incidents reveal an emergence of pockets of more aggressive corruption, use of excessive force, and racism (Ivkovic, 2009). An example can be found in the hiring of Miami police officers in the early 1980s police corruption occurred as a result of both social structural changes and departmental problems (Sechrest and Burns, 1992). An investigation of police conduct in Miami ensued due to three drug raids on the Miami River. As a result of this investigation nearly 100 officers were relieved of duty for various acts of corruption. It concluded that an integral part of the problem rested on the recruitment, screening and selection procedures of the department. Additionally, it was found that the stage for corruption was set by political, legal, and organizational events occurring in the community and within the department. The scandals that took place in Miami during the 1980s indicate that both rotten apples (personal characteristics) and rotten structures (organizational culture) must be addressed to combat the problem of corruption. Corruption can be reduced through examining four basic aspects of policing including: recruitment, reducing the opportunities for corruption, detecting and deterring corruption, and reinforcing the motivation to act morally (Banks, 2009). One of the biggest factors in curbing police misconduct and unethical behavior such as this is organization culture. Within the criminal justice system, ethics is germane to most administrative decisions relating to punishment and is the rationale used in making these decisions (Banks, 2004). By creating rules and having each member of that organization understand the benefits of ethical conduct not only should the percentage of police misconduct decrease, but the overall perception of the police force will improve. The challenge for organizations is instilling, implementing and monitoring these rules. At this level, the development of a police force free of corruption requires community and political support, high standards, carefully implemented screening procedures, and good training and supervision after hiring (Sechres and Burns, 1992). Although unknown levels of deviance are always present in any organization, the greater the degree of deviance in an organization, the more difficult it is to detect. Many acts of deviance are carried out by officers with the belief that such conduct is for the greater good and in the interest of the organization’s goals, also referred to as noble cause. Additionally, it can be said that many instances of unethical behavior are necessary elements of the policy to get tough on crime and criminals (Finckenauer, 2002). These instances are highlighted as a result of the buildup of institutionalized practices that gain public attention, often inadvertently (Manning, 2009). Efforts must be concentrated at the beginning of an officer’s career to ensure that unethical behavior does not occur in policing. Thorough intensive background checks of incoming police officers will help prevent individuals with a history of bad behavior from entering the police force. Essentially bad cops share a set of common attributes that are evident prior to their employment in law enforcement. Once employed, police organizations can prevent misconduct by creating rules, creating surveillance and reporting mechanisms to detect misconduct, undoing the blue wall of silence (police subculture), but most importantly holding officers accountable for their actions and punish those who participate in misconduct (King, 2009). Although strengthened selection and training are critical first steps, it is also necessary that procedures be in place to discipline or dismiss problem officers as soon as possible (Sechres and Burns, 1992). It is the responsibility of the department to correct police misconduct for the benefit of the public. Furthermore, the level of training throughout the nation is comparatively lacking. These limitations must be addressed in both pre-service and in-service to prevent police lawlessness. Teaching ethics is necessary but is not an overall solution, at least not in its entirety. Officers that conduct unethical behavior make a rational choice to do so thus conveying that the benefits of violating the law outweigh the consequences that would come down from the action. Thus solution must be formed to change this perception (Finckenauer, 2002). Educating police officers on ethics in policing should extend past guidelines in particular situations, instead focusing on the analytical process that should occur when facing an ethical issue. Training gives police officers the tools for identifying and resolving ethical dilemmas that present themselves. Also, training allows officers to shape an ethical philosophy by the way an officer deals with confusion, ambiguity, and compromise that insinuate themselves into the behavior and decisions confronting police officers every day (Pollock and Becker, 1996). Police officers must understand that conducting ethical police practices is not only commendable but also furthers their own collective interests. Police commonly define themselves using the rhetoric of professionalism arguing that anyone outside the police profession are incapable of understanding the pressure placed on the police therefore should have no say in its performance. It is important to distinguish the study of police ethics between a profession and a bureaucracy whereas the profession emphasizes an oath to serve and protect the citizens in a respective community, and to do so ethically. Police officers act corruptly when, in exercising or failing to exercise their authority, they act with the primary intention of furthering private or departmental/divisional advantage. Ethical considerations are central to decisions surrounding discretion, force, and due process that require people to make enlightened moral judgment. Police corruption and police abuse of power are inextricable linked to the nature of policing and to police culture.