Criminal justice ethics

Last updated

Criminal justice ethics (also police ethics) is the academic study of ethics as it is applied in the area of law enforcement. Usually, a course in ethics is required of candidates for hiring as law enforcement officials. These courses focus on subject matter which is primarily guided by the needs of social institutions and societal values. Law enforcement agencies operate according to established police practices and ethical guidelines consistent with community standards in order to maintain public trust while performing their responsibilities. [1]

Contents

Police ethics and integrity are essential aspects of the law enforcement system that facilitate effective crime control practices. [1] A combination of laws, training, and standards help police officers maintain ethical behavior on duty. Holding a position of authority while also having the means to use force legitimately requires police professionals to adhere to the strictest ethical standards to avoid controversial or corrupt abuses of power. [2]

Policing the community often brings ethical situations into consideration that may be, but is not limited to, one of the following circumstances: criminal investigations, procedural justice, racial profiling, early intervention systems, internal affairs, citizen complaints, mediation, recruitment, and use of force. [1]

Values

Values are the ideas and behaviors that shape ethical ideals. Personal values are things that are important to individuals that are shaped by one's specific upbringing, religious beliefs, cultural background, and personal experiences. [3] Societal values are things that are comprehensively held by a broader number of people, like a community, that align closely to the society's culture and beliefs. [3] Personal values are unique to individuals and thus are not an appropriate basis for professional ethics. [3] Ethics can be defined as a system of moral values that distinguish rules for behavior based on an individual's or groups' ideas of what is good and bad. [4] Police ethics are the rules for behavior that guide law enforcement officials based on what society deems as right and wrong. Ethics remain constant while definitions of right and wrong may change over time, yet what may be considered ethically right or wrong can be different than what is legally considered right and wrong. [4] For police officials, ethical standards further include values such as integrity, courage and allegiance. [5]

Code of ethics

Law enforcement officials are expected to comply with a code of ethics outlining general guidelines to ethical behavior of police professionals. [6] To be effective, the code of ethics should become part of each officer’s demeanor and officers should learn to live and think ethically in order to avoid conflicting behaviors. [4]

Codes of ethics are used as instructional aids for law enforcement departments to help officers define standards and expectations of behavior. [7] Some countries adopt or draft a national code of ethics that all law enforcement officials are expected to abide by and other countries allow for individual police departments to adopt their own code. For example, the United Kingdom adopted a national code of ethics in April 2014, [8] while in the United States, most police departments adopt the code of ethics (adopted) by the International Association of Chiefs of Police, though they are not required to. [9]

The Code of Ethics was developed and written by Captain Gene Muehleisen of San Diego PD as chairman of the Professional Committee of the Peace Officers Research Association of California (PORAC).

The failure by police professionals to act ethically could result in the loss of public trust, jeopardize investigations, or expose agencies or departments to liability issues. [10]

International Association of Chiefs of Police

The International Association of Chiefs of Police (IACP) has over 14,000 members and operates in 68 countries, making it the most universally representative police association. [11] The IACP emphasizes the importance and need of ethics training in law enforcement agencies. [12] The organization developed a subcommittee for ethics training in 1995 that later released multiple recommendations to all of its members. [12] The recommendations include encouraging the adoption and support of a law enforcement oath of honor, providing job-specific ethics training, and constantly reinforcing ethical conduct throughout the agency and during recruitment. [12]

Incorporated in the IACP’s rules is a code of ethics outlining standards of professional conduct. [11] The first five sections of the code of ethics are the basic tenets that all IACP members should uphold. [11] Sections six through fourteen outline ethical standards concerning enforcement procedures. [11]

Aspects of police ethics training

Police officers routinely face complicated situations that involve strong emotions and volatile circumstances. [6] Ethics training can help prepare officers and police professionals for unpredictable situations and how to react ethically. [6] Training can include ethical guidance such as: [6]

Law enforcement officials must both think and act ethically. A response to any particular situation has two factors, the reaction and action. [6] The reaction is an emotional response and the action refers to how a police professional handles the situation. Ethics training emphasizes the importance of responding with actions that are not just abiding the law but also take motivation into consideration. [6] Actions that involve an officer doing the right thing for the wrong reason is not considered acting ethically.

The United States Department of Justice released a report in 2009 titled "Building Trust Between the Police and the Citizens They Serve" which outlines the ways in which ethical training can help create and maintain trust between a community and the professionals policing it. [13] One aspect of training is having the chief of police establish, exhibit, and promote ethical conduct and fairness both inside and outside the agency. [13] Aside from establishing an ethical culture, ethical training should begin with new police professionals and extend throughout their career until they retire. [13]

In the United States

The United States has various laws and policies in place, such as the Miranda Rights, that are meant to ensure ethical practices by law enforcement officials. Further measures have been adopted to secure ethical standards in police departments. [2] Such measures include various codes of ethics provided by professional law enforcement associations like the Law Enforcement Code of Ethics, adopted in 1957, and the American Federation of Police, adopted in 1966. [2] The Law Enforcement Code of Ethics was revised in 1989 by the International Association of Chiefs of Police. [2] [14] The U.S. does not have a national code of ethics, rather individual police departments construct their own code of ethics based upon the basic standards laid out in the law enforcement associations that are then incorporated into an oath of office each member of the department pledges. [2]

See also

Related Research Articles

Ethical codes are adopted by organizations to assist members in understanding the difference between right and wrong and in applying that understanding to their decisions. An ethical code generally implies documents at three levels: codes of business ethics, codes of conduct for employees, and codes of professional practice.

The Uniform Crime Reporting (UCR) program compiles official data on crime in the United States, published by the Federal Bureau of Investigation (FBI). UCR is "a nationwide, cooperative statistical effort of nearly 18,000 city, university and college, county, state, tribal, and federal law enforcement agencies voluntarily reporting data on crimes brought to their attention".

This index of ethics articles puts articles relevant to well-known ethical debates and decisions in one place - including practical problems long known in philosophy, and the more abstract subjects in law, politics, and some professions and sciences. It lists also those core concepts essential to understanding ethics as applied in various religions, some movements derived from religions, and religions discussed as if they were a theory of ethics making no special claim to divine status.

<span class="mw-page-title-main">Professional ethics</span> Principles and rules which guide professional activity

Professional ethics encompass the personal and corporate standards of behavior expected of professionals.

A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization.

Media ethics is the subdivision dealing with the specific ethical principles and standards of media, including broadcast media, film, theatre, the arts, print media and the internet. The field covers many varied and highly controversial topics, ranging from war journalism to Benetton ad campaigns.

A Drug Recognition Expert (DRE) is a law enforcement officer trained in a scientifically validated method to identify people whose driving is impaired by drugs other than, or in addition to, alcohol. All DREs follow the same 12 step procedure called a Drug Influence Evaluation (DIE), to purportedly determine which category of drugs is causing the driver to be impaired.

<span class="mw-page-title-main">International Association of Chiefs of Police</span>

International Association of Chiefs of Police (IACP) is a 501(c)(3) nonprofit organization based in Alexandria, Virginia. It is the world's largest professional association for police leaders.

Criminal intelligence is information compiled, analyzed, and/or disseminated in an effort to anticipate, prevent, or monitor criminal activity.

Industry self-regulation is the process whereby members of an industry, trade or sector of the economy monitor their own adherence to legal, ethical, or safety standards, rather than have an outside, independent agency such as a third party entity or governmental regulator monitor and enforce those standards. Self-regulation may ease compliance and ownership of standards, but it can also give rise to conflicts of interest. If any organization, such as a corporation or government bureaucracy, is asked to eliminate unethical behavior within their own group, it may be in their interest in the short run to eliminate the appearance of unethical behavior, rather than the behavior itself, by keeping any ethical breaches hidden, instead of exposing and correcting them. An exception occurs when the ethical breach is already known by the public. In that case, it could be in the group's interest to end the ethical problem to which the public has knowledge, but keep remaining breaches hidden. Another exception would occur in industry sectors with varied membership, such as international brands together with small and medium size companies where the brand owners would have an interest to protect the joint sector reputation by issuing together self-regulation so as to avoid smaller companies with less resources causing damage out of ignorance. Similarly, the reliability of a professional group such as lawyers and journalists could make ethical rules work satisfactorily as a self-regulation if they were a pre-condition for adherence of new members.

<span class="mw-page-title-main">Law enforcement in the United States</span> Major component of the American criminal justice system

As of 2020, more than 800,000 sworn law enforcement officers have been serving in the United States. About 137,000 of those officers work for federal law enforcement agencies.

Police psychology, also referred to as "police and public safety psychology," was formally recognized in 2013 by the American Psychological Association as a specialty in professional psychology. The goal of police psychology is to ensure law enforcement is able to perform their jobs safely, effectively, ethically, and lawfully.

The following outline is provided as an overview of and topical guide to ethics.

Ethics in the public sector is a broad topic that is usually considered a branch of political ethics. In the public sector, ethics addresses the fundamental premise of a public administrator's duty as a "steward" to the public. In other words, it is the moral justification and consideration for decisions and actions made during the completion of daily duties when working to provide the general services of government and nonprofit organizations. Ethics is defined as, among others, the entirety of rules of proper moral conduct corresponding to the ideology of a particular society or organization (Eduard). Public sector ethics is a broad topic because values and morals vary between cultures. Despite the differences in ethical values, there is a growing common ground of what is considered good conduct and correct conduct with ethics. Ethics are an accountability standard by which the public will scrutinize the work being conducted by the members of these organizations. The question of ethics emerges in the public sector on account of its subordinate character.

The Nationwide Suspicious Activity Reporting (SAR) Initiative (NSI) is a program of the United States government used to collect and share reports of suspicious activity by people in the United States. The Nationwide SAR Initiative (NSI) builds on what law enforcement and other agencies have been doing for years — gathering information regarding behaviors and incidents associated with criminal activity — but without the customary restrictions on collecting data on individuals in the absence of reasonable suspicion or probable cause. The program has established a standardized process whereby SARs can be shared among agencies to help detect and prevent terrorism-related criminal activity. This process is in direct response to the mandate to establish a "unified process for reporting, tracking, and accessing [SARs]" in a manner that rigorously protects the privacy and civil liberties of Americans, as called for in the 2007 National Strategy for Information Sharing (NSIS), which in turn was authorized by the Intelligence Reform and Terrorism Prevention Act of 2004. Reports of suspicious behavior noticed by local law enforcement or by private citizens are forwarded to state and major urban area fusion centers as well as DHS and the FBI for analysis. Sometimes this information is combined with other information to evaluate the suspicious activity in greater context. The program is primarily under the direction of the US Government & US Department of Justice.

In the United States, certification and licensure requirements for law enforcement officers vary significantly from state to state. Policing in the United States is highly fragmented, and there are no national minimum standards for licensing police officers in the U.S. Researchers say police are given far more training on use of firearms than on de-escalating provocative situations. On average, US officers spend around 21 weeks training before they are qualified to go on patrol, which is far less than in most other developed countries.

Communication ethics is how a person uses language, media, and journalism and creates relationships guided by an individual's morals and values. These ethics involve being aware of the consequences of one's Behavior and consequences; to “respect other points of view and tolerate disagreement.” Principles of ethics include being transparent and fair, as well as the integrity of one's own words. James Chesebro describes communication ethics to be "ethical standards in communication should reflect the more universal, humanistic perspective of humans... consistent with the principles which ensure the development and expanded opportunities for the individuals". Communication ethics can be different based upon different perspectives of the world; any perspective can have "codes, procedures, and standards [which] can conceptually and behaviorally frame communication in varying contexts".

Noble cause corruption is corruption caused by the adherence to a teleological ethical system, suggesting that people will use unethical or illegal means to attain desirable goals, a result which appears to benefit the greater good. Where traditional corruption is defined by personal gain, noble cause corruption forms when someone is convinced of their righteousness, and will do anything within their powers to achieve the desired result. An example of noble cause corruption is police misconduct "committed in the name of good ends" or neglect of due process through "a moral commitment to make the world a safer place to live."

The American Psychological Association (APA) Ethical Principles of Psychologists and Code of Conduct includes an introduction, preamble, a list of five aspirational principles and a list of ten enforceable standards that psychologists use to guide ethical decisions in practice, research, and education. The principles and standards are written, revised, and enforced by the APA. The code of conduct is applicable to psychologists in a variety of areas across a variety of contexts. In the event of a violation of the code of conduct, the APA may take action ranging from termination of the APA membership to the loss of licensure, depending on the violation. Other professional organizations and licensing boards may adopt and enforce the code.

The Florida Criminal Justice Standards & Training Commission(CJSTC), established in 1967 under Florida Statutes, Chapter 943, is a Florida state commission. The Commission's mission is "To ensure that all citizens of Florida are served by criminal justice officers who are ethical, qualified, and well-trained." It is part of the Florida Department of Law Enforcement.

References

  1. 1 2 3 "Ethics and Integrity". U.S. Department of Justice.
  2. 1 2 3 4 5 Chuck Klein (2005). "Police". In Mitcham, Carl (ed.). Encyclopedia of Science, Technology, and Ethics. Charles Scribner's Sons, Macmillan Reference USA. ISBN   0-02-865991-0.
  3. 1 2 3 Timothy Roufa. "Ethics in Law Enforcement". About.com Criminology Careers. Archived from the original on 2014-07-12. Retrieved 2014-06-05.
  4. 1 2 3 Klein, Chuck (2000). Lines of defense: Police ideology and the Constitution. Institute of Police Technology and Management. ISBN   978-1884566400.
  5. ↑ Chuck Klein (October 23, 2012). "Police Ethics: The Creed". PennWell Corporation,Law Officer.com. Archived from the original on 2014-08-19.
  6. 1 2 3 4 5 6 Captain Tag Gleason (November 2006). "Ethics Training for Police". Police Chief Magazine.
  7. ↑ Van Slyke, Jeffery Matthew (December 2007). POLICE ETHICS TRAINING: PREFERRED MODES OF TEACHING IN HIGHER EDUCATION LAW ENFORCEMENT (treatise). The University of Texas at Austin.
  8. ↑ O’Neill, Sean (April 24, 2014). "Ethics code for police". The Times. London, England: NI Syndication Limited.
  9. ↑ DeShon, Richard W. (March 31, 2000). Police Officers Oath of Office and Code of Ethics- A Question of Knowledge (Thesis). Eastern Michigan University School of Police Staff and Command.
  10. ↑ Fitch, Brian D. (October 2011). "Focus on Ethics: Rethinking Ethics in Law Enforcement". FBI Law Enforcement Bulletin.
  11. 1 2 3 4 "Police Code of Ethics". World Encyclopedia of Police Forces and Correctional Systems. Ed. George Thomas Kurian. 2nd ed. Detroit. 2007.{{cite encyclopedia}}: CS1 maint: location missing publisher (link)
  12. 1 2 3 Ethics Training Subcommittee of the IACP. "Ethics Training in Law Enforcement". International Association of Chiefs of Police.
  13. 1 2 3 United States Department of Justice (October 2009). Building Trust Between the Police and the Citizens They Serve: An Internal Affairs Promising Practices Guide for Local Law Enforcement (PDF) (Report). Sponsored by the International Association of Chiefs of Police. Archived from the original (PDF) on 2010-08-05.
  14. ↑ Grant, J. Kevin (December 2002). "Ethics and Law Enforcement". FBI Law Enforcement Bulletin. 71 (12): 11–14.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.