Law Enforcement Code of Ethics and the Use of Authority
The law gives police extraordinary powers and, at the same time, circumscribes
those powers in a manner that ensures that they are not abused. This form of
expression of the doctrine of the separation of powers not only ensures that
power is not abused but also has the consequence of enhancing the reputation
of the police as a fair-dealing body. It is the very values that underlie police
governance that ensure it. In order to illustrate the relevance of the study of
ethics, the use of authority in the criminal justice system, a number of specific
codes of ethics, ethical problems and issues that might arise for professionals in
the criminal justice system are set out in the following sections. These
problems and issues might, for example, be concerned with how to exercise
authority, with how to deal with conflicts between the personal and the
professional, or with ethical issues confined within one particular part of the
system, such as juvenile justice.
2.0 Objectives
The focus of this unit is to examine code of ethics and the use of authority as
ethical issues in criminal system.
3.0 Main body
A priori, it may be considered that questions of professional ethics would be of
greater concern to members of the liberal professions than to public servants
such as the police. However, professional ethics can also be important in the
police profession, by its very nature and the conditions in which its members
fulfil their function. A police officer has extensive powers conferred on him,
and he exercises these powers in the context of professional duties, hence the
necessity of an internalised ethic, which would certainly gain from a
codification. Through such a code of professional ethics, the legal provisions
normally contained in the general regulations for public servants are raised to
the level of professional moral imperative. The code of professional ethics is
then seen as a means of transmitting a standard, the purpose of which would be
to induce police officers to adhere to a system of values combining professional
efficiency with respect for basic liberties.
PRIMARY RESPONSIBILITIES OF A POLICE OFFICER
A police officer acts as an official representative of government who is
required and trusted to work within the law. The Officer’s powers and duties
are conferred by statute. The fundamental duties of a police officer include
serving the community; safeguarding lives and property; protecting the
innocent; keeping the peace; and ensuring the rights of all to liberty, equality
and justice.
PERFORMANCE OF THE DUITES OF A POLICE OFFICER
A police officer shall perform all duties impartially, without favor or affection
or ill will and without regard to status, sex, race, religion, political belief or
aspiration. All citizens will be treated equally with courtesy, consideration and
dignity. Officers will never allow personal feelings, animosities or friendships
to influence official conduct. Laws will be enforced appropriately and
courteously and, in carrying out their responsibilities, officers will strive to
obtain maximum cooperation from the public. They will conduct themselves in
appearance and deportment in such a manner as to inspire confidence and
respect for the position of public trust they hold.
DISCRETION
A police officer will use responsibility the discretion vested in the position and
exercise it within the law. The principle of reasonableness will guide the
officer’s determinations and the officer will consider all surrounding
circumstances in determining whether any legal action shall be taken.
Consistent and appropriate use of discretion, based on professional policing
competence, will do much to preserve good relationships and retain the
confidence of the public. There can be difficulty in choosing between
conflicting courses of action. It is important to remember that a timely word of
advice rather that arrest – which may be correct in appropriate circumstances –
can be a more effective means of achieving a desired end.
USE OF FORCE
A police officer will never employ unnecessary force or violence and will use
only such force in the discharge of duty as in reasonable in all circumstances.
Force should be used only with the greatest restraint and only after discussion,
negotiation and persuasion have been found to be inappropriate of ineffective.
While the use of force is occasionally unavoidable, every police officer will
only use the minimal level of force that is necessary and never engage in cruel,
degrading or inhuman treatment of any person.
CONFIDENTIALITY
Whatever a police officer sees, hears or learns of, which is of a confidential
nature, will be kept secret unless the performance of duty or legal provision
requires otherwise. Members of the public have a right to security and privacy,
and information obtained about them must not be improperly divulged.
INTEGRITY
A police officer will not engage in acts of corruption or bribery, nor will an
officer condone such acts by other police officers. The public demands that the
integrity of police officers be above reproach. Police officers must, therefore,
avoid any conduct that might compromise integrity and thus undercut the
public confidence in a law enforcement agency. Officers will refuse to accept
any gifts, presents, subscription, favours, gratuities or promises that could be
interpreted as seeking to cause the officer to refrain from performing official
responsibilities honestly and within the law. Police officers must not receive
private or special advantage from their official status. Respect from the public
cannot be bought; it can only be earned and cultivated.
COOPERATION WITH OTHER OFFICERS AND AGENCIES
Police officers will be responsible for their own standard of professional
performance and will take every reasonable opportunity to enhance and
improve their level of knowledge and competence. An officer or agency may
be one among many organizations that may provide law enforcement services
to a jurisdiction. It is imperative that a police officer assist colleagues fully and
completely with respect and consideration at all times.
PERSONAL/PROFESSIONAL CAPABILITIES
Police officer will be responsible for their own standard of professional
performance and will take every reasonable opportunity to enhance and
improve their level of knowledge and competence. Through study and
experience, a police officer can acquire the high level of knowledge and
competence that is essential for the efficient and effective performance of duty.
The acquisition of knowledge is a never-ending process of personal and
professional development that should be pursued constantly.
PRIVATE LIFE
Police officers will behave in a manner that does not bring discredit to their
agencies of themselves. A police officer’s character and conduct while off duty
must always be exemplary, thus maintaining a position of respect in the
community in which he or she lives and serves. The officer’s personal
behaviour must be beyond reproach.
Ethical Problems in the Use of Authority
•The use of authority to promote personal values
•The use of authority to avoid accountability for wrongdoing
Ethical Problems in the Relationship Between Personal and Professional
Interests
• Using professional status to promote personal interests (religious,
philosophical, financial, etc.)
• Using institutional time and materials for personal gain unrelated to
legitimate work activity
• Engaging in or promoting professional activities that are contrary to
personal values
• Engaging in public or private personal activity that is contrary to
professional values (use of drugs, driving under the influence of alcohol,
etc.)
Ethical Problems in Personal and Professional Commitments to Clients
• Behaving unethically in personal relationships with clients
• Using relationships with clients/public for personal gain (to acquire goods
more cheaply, have work done for personal benefit, accepting gifts, etc.)
Ethical Issues in Criminal Justice and Public Policy
• The “War on Drugs”
• Government policies having implications for criminal justice professionals
in issues such as youth confinement, fingerprinting of juveniles, and
compulsory treatment such as mandatory participation in substance abuse
programs or anger management
• Capital punishment
• The move away from rehabilitative juvenile justice policies toward more
punitive policies
• Policies involving harsher penalties resulting in “ prisoner warehousing”
• Government-imposed mandatory sentencing (three-strikes legislation,
mandatory minimum sentences)
• Truth in sentencing policies
• Increased surveillance of citizens in society
Ethical Issues Resulting From Policing Policies
•Policing policy in domestic violence cases
•Police profiling
•Use of force
•Use of police discretion
Ethical Problems in Information Sharing
• The ethics of withholding information; for example, from a client, the court,
or the police
• Problems of confidentiality and privileged communication; for example,
counsellor/ client relationships and participation in research
• Rules or practices relating to the retention or disposal of court records; for
example, in the juvenile system where some states are now considering
making juvenile records and court hearings open to the public and the media
Ethical Problems Dealing With Human Rights Issues in the Criminal
Justice System
•The administration of cruel and unusual punishmen t
•Human rights violations against prisoners (women, men, juveniles)
•Capital punishment
Ethical Issues in the Media Reporting of Crime
•Crime and public opinion
•Crime as entertainment
•The politicization of crime
Self Assessment Exercise
Succinctly highlight and discuss five ethical issues in law enforcement
4.0 Conclusion
There are many issues facing today's police officer and other law enforcement
agencies. Some include the police use of excessive force, deadly force, police
corruption, police pursuits and other popular police related topics. Irrespective
of these there are code of ethics guiding the profession. All police agencies
throughout the country should be required to adopt the code of ethics as part of
their policies and procedures. Each department should make it mandatory for
officers to know as a matter of training what the code of ethics document
represents. The departments should hold annual ceremonies were officers
renew their code of ethics and oath of office.
5.0 Summary
This session concludes major discussions from previous units with emphasis on
ethics and all related subjects. Most import of all is the role of ethics in shaping
decisions in the profession of law enforcement. Ethics has been shown to be a
central component in decisions involving ethical dilemmas, and the process of
analyzing an ethical dilemma has been illustrated. Ethics is concerned with
standards of conduct and with “how I ought to act,” and standards of conduct
may vary among different societies. Approaches to setting standards range
from cultural relativism to moral absolutism; a perspective that emphasizes
moral pluralism seems to offer the best hope for resolving problems of
relativities. Investigating sources of ethical standards reveals that religion,
natural law, and other forms of law have an influence in shaping ethical
standards. An understanding of ethics is essential to competent decision
making by criminal justice professionals and to the proper working of the
criminal justice system. Specifically, this unit show cases the importance of
codes of professional ethics in law enforcement.
6.0 Tutor Marked Assignment
What are the Advantages of professional codes of conduct for the police?
7.0 References/ Further Reading
Arrington, R. 1983. “A Defence of Ethical Relativis m.” Metaphilosophy 14:
225–239.
Bunting, Harry. 1996. “A Single True Morality? The Challenge of Relativism.”
Pp. 73–85 in Philosophy and Pluralism, edited by David Archard. Cambridge:
Cambridge University Press.
Cook, John. 1999. Morality and Cultural Differences. New York: Oxford
University Press.
Death Watch. 2002. “New Orleans: Recent History 199 6.” Retrieved January
28, 2002 (www. hrw.org/reports98/police/uspo93.htm).
Felkenes, G. 1987. “Ethics in the Graduate Criminal Justice Curriculum.”
Teaching Philosophy 10(1): 23–26.
Glover, Jonathan. 1999. “Capital Punishment.” Pp. 2 45–253 in The Right
Thing to Do: Basic Readings in Moral Philosophy (2nd ed.), edited by J.
Rachels. Boston: McGraw-Hill.
Hare, R. M. 1987. “Moral Conflicts.” Pp. 205–238 in Moral Dilemmas, edited
by C. Gowans. New York: Oxford University Press.
Hinman, L. 1998. Ethics: A Pluralistic Approach to Moral Theory. Fort Worth,
TX: Harcourt
Brace. Holmes, Robert. 1998. Basic Moral Philosophy (4th ed.). Belmont, CA:
Wadsworth.
Kane, R. 1996. Through the Moral Maze: Searching for Absolute Values in a
Pluralistic World. Armonk, NY: North Castle Books.
Ladd, John. 1973. Ethical Relativism. Belmont, CA: Wadsworth. “92nd death
row inmate freed since ’73: Louisiana.” January 5, 2001. New York
Times. Retrieved January 2002 (www.truthinjustice. org/no92.htm).
Rachels, J. 1991. “Subjectivism.” Pp. 432–441 in A Companion to Ethics,
edited by P. Singers. Cambridge, MA: Blackwell Press.
