ETHICS IN POLICING

This paper, titled Ethics in Policing: Strategies for Merging Theory with Practice, was written March 15, 2009 for my Online UFV Crim 339 (Professional Ethics in Criminal Justice) course, taught by Terry Waterhouse.

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INTRODUCTION

Morality and ethics go hand in hand. You can’t have one without the other. In this paper I will attempt to discuss how the theoretical and philosophical perspectives of morality and ethics can be integrated into the policing profession and how they should be addressed. In my first paper of this course I addressed the definition of morality; in this paper I will address the definition of ethics so that the reader may have a better understanding of my position.

DEFINITION OF ETHICS, ETHICAL AND ETHOS

According to the Oxford Canadian Dictionary (2005), ethics is defined as the “science of morals in human conduct; moral principles; rules of conduct; moral correctness.” The Merriam-Webster Dictionary (1974) defines ethics as a “discipline dealing with good and evil and with moral duty; moral principles or practice.” The New Webster’s Dictionary (1991) defines ethics as the “doctrine of morals; moral philosophy; a system of moral principles.”

According to the Oxford Canadian Thesaurus (2006), ethical is defined as “moral right-minded, principles, irreproachable, righteous, high-minded, virtuous, good, correct, honourable, reputable, noble, worthy.” Ethos, according to the Merriam-Webster Dictionary (1974) is defined as the “distinguishing character, sentiment, moral nature, or guiding beliefs of a person, group, or institution.”

PERSPECTIVE

As you can see by the definitions above that morality and ethics go hand in hand and that it is imperative that morality and ethics must be integrated into the policing profession, because without morality and ethics corruption will abound and more and more innocent people could very well be the target of wrongful convictions.

Common sense. That is a term we hear all too often when we describe the difference between what we believe to be right and what we believe to be what is wrong; we use the term common sense. However, that is not always the case. For example, in some cases what may be right to one person may be viewed as wrong by another.

One specific example is the death penalty. On the one side there are the proponents who argue that the death penalty is ethically right, yet on the other hand there are the opponents who argue that the death penalty is ethically wrong.

Or when one police officer believes that what they are doing is ethically right, whereas another, may feel they are not acting in an ethical manner. So, therefore there must be an established code of ethics within the policing profession.

Another extremely important reason why the policing profession requires a standard code of ethics is because the members are tasked with law enforcement. In other words they are tasked to serve and to protect society from the criminal element.

There must be an element of trust and as we have seen in the past, the policing profession have acted in a very unethical manner when causing innocent people such as David Milgaard, Donald Marshall, and Guy Paul Morin. Of course, there are others such as those that were wrongfully convicted based on false information given by the infamous Dr. Smith.

Therefore, it is of my opinion that because there are differing views and beliefs of what is ethically right and what is ethically wrong within the policing profession there needs to be a code of ethics, a set of guidelines for all members to follow which would give them a set of values and beliefs to follow to alleviate confusion of what is ethically right versus what is ethically wrong.

To incorporate a standard code of ethics in the policing profession there needs to be at least two steps, in the initial stages that need to be taken, to successfully incorporate this standard code of ethics with the policing profession. And this applies to any profession; however, the focus of this paper is ethics within the policing profession.

So, as you can see, it is extremely important for the policing profession, as well as other Criminal Justice components, to not only have a standard code of ethics, but also to follow those codes in good faith.

KEY ISSUES

MacMillan et al (2002) discuss the challenges for ethics in the policing profession by asking the question “Are there circumstances when an officer can refuse to protect an abortion clinic based on that officer’s religious beliefs?” (p. 34). In the policing profession there is a demand for impartiality, otherwise the members in question would, in all likelihood, pick and choose who in the public domain is worthy of their protection.

Take the above question for example; if a member was tasked to protect a local abortion clinic from violent radicals and refused to carry out his or her duty by not attending the site in question due to his or her beliefs, there would be an opportunity for the radicals to not only cause severe property damage, but also to cause physical harm to both abortion practitioners and patients.

Referring to my online discussions in reference to the BC Police Code of Ethics (2003), we can see the strengths of the code in the way it addresses all areas of the officer's life. How the code outlines the way the member is supposed to act or react to a situation and how they are to interact with the public as well as with their peers of the profession.

The code also addresses how the officer is to conduct themselves in their private lives. A number of questions that the member is to ask themselves will also help that member to identify ethical issues that they face on a day-to-day bases. Both on the job and in their private lives.

However (as I pointed out in my on-line discussion), as with anything else there are two sides to this coin. We've looked at the other side, now we will look at the weaknesses. Writing and teaching ethical codes is one thing, but actually following the code is another. A person of good character will always do their best to be ethical, but a written code can only go so far.

The same applies to ethical training lectures. In reference to the professional's personal life, again, this can only be taught through life experiences. Common sense dictates that the professional life and personal life are interconnected, and a code of ethics is only as good as the person who it applies to.

According to the International Association of Chief of Police (2002), law enforcement officers risk their lives to protect the public, therefore the policing profession must adhere to a higher set of standards. These standards are found in the code of ethics. They must also maintain these standards, for without them there will be very little trust, if any at all, from the public’s perspective. The IACP also suggests that demonstrating ethics should be “consistent, frequent, and visible.”

Whether it is in court presenting evidence, investigating crime scenes, or having to use force when apprehending suspects, the member must maintain and demonstrate the highest standards of ethics.

The Interpol Group of Experts on Corruption (IGEC) discusses possible criminal offences as well as outline elements of these offenses that address corruption within the policing profession. The IGEC also addresses protection against whistle blowers in good faith. Meaning that if the complaint was an honest, valid concern, and not a false complaint due to a personal vendetta.

According to Kernahan et al (1990), conflict of interest (COI) “is one of the most common forms of unethical” behaviors “in the public service.” When there is conduct of a COI what follows is the downfall of not only businesses directly related to the COI conduct, but also the reputation of the member that initiated the COI.

COI can cause a number of negative reactions, such as wrongful convictions, or favoring one party over another. When there is a COI no one benefits, and the public is not protected with impartiality, and the public’s perception of trust diminishes.

CONCLUSION

The question ‘why?’ keeps cropping up. The answer is simple. The policing profession have special powers so that they can complete their tasks and if there is no standard code of ethics, the possibility of powers of abuse could very well take place more frequently then it currently does. A code of ethics holds the policing profession accountable and makes them conduct themselves in a more responsible fashion.

MacMillan et al (2002) give reference to four ethical challenges that the policing profession face on a day-to-day bases. These four challenges focus on “moral injunction,” an “ethical compass,” to “demonstrate their commitment,” and how to respond to each ethical dilemma on a day-to-day basis (p. 34).

It is extremely important that the public perception of trust supports, and assists the policing profession, for without that trust it will be extremely difficult for the policing profession to serve and to protect.

What is extremely imperative in the policing profession are disciplinary sanctions for those who act in a manner contrary to the standard code of ethics. For without the appropriate disciplinary sanctions, the code of ethics is meaningless.

REFERENCES

International Association of Chiefs of Police. (2002). Achieving and Maintaining High Ethical Standards: IACP’s Four Universal Ethics Documents. The Police Chief, 64.

Interpol Group of Experts on Corruption (n.d.). Global Standards to Combat Corruption Police Forces/Services

Kernahan, K., Langford, J. W. (1990). Conflict of Interest. The Responsible Public Servant, 133. Institute for Research on Public Policing, Institute for Public Administration of Canada: Halifax, NS.

MacMillan, C. S., Tinsley, P. N. (2002). Challenges for Ethics in Policing: It’s Time to Walk the Talk. The RCMP Gazette, 64(4), 34.

Merriam-Webster Dictionary (1974). New York, NY: Pocket Books.

New Webster Dictionary (1991). Miami, Florida: P. S. I. Associates, Inc.

Oxford Canadian Dictionary (2005). Don Mills, On: Oxford University Press.

Oxford Canadian Thesaurus (2006). Don Mills, On: Oxford University Press.

Working Ethics Committee (2003). BC Police Code of Ethics.