Ethics and law enforcement

Many people consider the U.S. justice system, comprised of various organizations, such as the U.S. Marshals Service, the U.S. Immigration and Naturalization Service, and the FBI, as one of the best criminal justice systems in the world. Nevertheless, the system still has concerns that it deals with on a regular basis, such as ethics and ethical conduct.

The topic of ethics and ethical behavior has existed for centuries. Many people believe that Socrates was the first philosopher to delve into the issue of ethics, specifically the ethical treatment of problems in government. (1) Plato documented Socrates' discussions concerning ethics in The Republic.

Ethical Standards

As society has evolved, the questions and concerns that involve ethics and ethical behavior have grown more difficult to address. Ethical standards have become both more complex and scrutinized by the public than at any other time in history. Therefore, law enforcement personnel must carry out tasks assigned to them while the rules and laws constantly change and their freedom to perform the necessary tasks becomes obstructed. Citizens expect law enforcement officials to operate in an efficient and professional manner without expressing personal views and emotions. To accomplish this, law enforcement personnel must have a strict and unwavering adherence to a code of ethics and a code of conduct.

Law enforcement officers are professionals; they work in a skilled occupational group whose prime consideration constitutes providing a service that benefits the public. Because law enforcement is a profession, ethics and ethical conduct play an important role. Ethics and ethical standards involve doing the right thing at the right time in the right way (2) for the right reason. (3) With this in mind, the International Association of Chiefs of Police (IACP) established a code of ethics to govern the conduct of its members. This code of ethics, originally written in 1957, was revised at the IACP conference in Louisville, Kentucky, on October 17, 1989. The IACP membership reviewed and finalized these revisions. In October 1991, IACP members unanimously voted to adopt the new codes. (4)

U.S. citizens have a set of values and norms that they expect all law enforcement (local, state, and federal) to practice. To follow these norms and to gain respect, law enforcement personnel must remain ethical and conduct themselves accordingly at all times, both on and off duty. The law enforcement code of ethics and the police code of conduct represent the basis for ethical behavior in law enforcement. In addition, these codes encourage law enforcement's classification as a profession. However, these codes simply constitute words. For them to be effective, law enforcement officials and their leaders must consider them as the bible for law enforcement. Law enforcement personnel must not only believe in the codes but also follow them and display conduct that supports them. Thus, law enforcement officers must live the code. (5)

Any criminal justice system represents an apparatus society uses to enforce the standards of conduct necessary to protect individuals and communities. (6) The laws of this nation, designed to protect and defend the public, provide the framework for a democratic society. Law enforcement officials must perform their duties according to these laws. Law enforcement personnel must have guidelines to perform their duties to act in an ethical manner and to enforce specific standards of conduct. These guidelines exist in the form of the law enforcement code of ethics and the police code of conduct.

The law enforcement code of ethics is used as an oath of office during the graduation ceremony for many law enforcement personnel. Prospective law enforcement officers offer the oath to the state in exchange for the employment they receive. (7) This oath remains morally binding throughout the officer's entire length of service in law enforcement. The code of ethics states that the officer's fundamental duties are to serve the community; safeguard lives and property; protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and respect the constitutional rights of all to liberty, equality, and justice. The code of ethics also states that officers must keep their private lives unsullied and recognize the badge as a symbol of public faith and trust. The next to last paragraph states, "I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence."

The police code of conduct works in conjunction with the law enforcement code of ethics. The code of conduct consists of ethical mandates law enforcement officers use to perform their duties. These guidelines include acting impartially; exercising discretion; using only necessary force; and maintaining confidentiality, integrity, and a professional image at all times.

These codes are only pieces of paper with words printed on them. Society judges ethical behavior by actions, not words. These documents provide the guidelines for law enforcement personnel to conduct ethical investigations, use only the force necessary to apprehend an individual, and avoid conflicts of interest and corruption. These ethical statements, along with appropriate training and strong leadership, encourage law enforcement officers to become members of an ethical profession. (8)

Corruption

Corruption represents one ethical issue facing law enforcement officers. Police corruption is the lack of police integrity. (9) It also constitutes one of the most significant obstacles to positive police-public relations in today's society. Police corruption includes acts of brutality, excessive force, inefficiency, and, among others, the use of public office for private gain. Eight corruption issues face law enforcement personnel daily. These issues are the--

(1.) acceptance of gratuities;

(2.) association with known criminals without a supervisor's knowledge or consent;

(3.) disclosure or furnishing of confidential information, files, reports, computer information, or the identity of confidential sources to unauthorized persons;

4) disclosure of any information concerning ongoing or planned investigations to any officer, person, agency, office, bureau, department, news medium, or group not directly involved in the investigation, without the express consent of the commanding officer;

5) falsification of affidavits, warrants, or other official reports;

6) harassment of, taking action against, or failing to take proper action against any person due to race, sex, creed, religion, national origin, or sexual orientation;

7) sexual or ethnic harassment of citizens, coworkers, or subordinates; and

8) failure to protect the rights of citizens and to follow laws, policy, and court decisions regarding those rights with reference to probable cause, arrest, evidence, interrogation, collection/protection and report preparation! submission. (10)

Several studies have classified corrupt situations into three different groups." Individual corruption exists when a few corrupt individual officers work in a department that actively discourages corruption. Organizational corruption represents illegal and unprofessional acts common in a department in which both officers and administrators are involved together in a widespread and organized practice of corruption, contrary to written policies, regulations, and procedures. Finally, environmental corruption exists where politically significant groups or the collective population generally tolerates and, perhaps, actively supports corrupt practices by law enforcement personnel, other agencies, businesses, and average citizens. (12)

Corruption exists at all levels of law enforcement, and it must be controlled. One expert lists four methods for controlling corruption in law enforcement agencies. (13)

1) Strong leadership: The department's leadership must lead by example and avoid any questionable conduct.

2) Changes in the selection and socialization of new officers: Departments must complete extensive background investigations to retain qualified candidates and ensure that they receive complete training, which should include a field training officer spending time with the new officer.

3) Changes in departmental organization and operational procedures: The department's leadership should establish an investigative unit within the organization to investigate all charges of inappropriate conduct by all personnel.

4) Changes in the environment in which the department works: This will create a departmental code of conduct, with the help of city council or appropriate governmental organizations, that clearly defines appropriate officer behavior. (14)

Law enforcement officers cannot allow themselves to incur favors or become indebted to anyone. As public servants, they owe their services to society. To eliminate corruption, society must change officers' beliefs and, more important, their actions. However, administrators can take significant steps by ensuring that quality leadership exists, screening applicants completely, training personnel (newly hired officers should go through stages of training, such as an initial training program, field training, and, finally, in-service training (15), giving them guidelines, providing them with honorable work, and encouraging them to be team players. By taking these steps, law enforcement organizations can eliminate the conditions that lead to corruption within their agencies.

Conclusion

To flourish as a democratic society, the United States must continue to have one of the best criminal justice systems in the world. Philosophers, educators, citizens, and law enforcement personnel have discussed, and will continue to address, the topic of ethics and ethical conduct. The world continuously changes, which brings different and more complex ethical questions. To adapt to these changes, law enforcement officials must continue to emphasize the importance of ethical standards. Only through sound hiring practices, proper training, ethical leadership, and a written code of ethics will the U.S. criminal justice system prosper.

"The mark of a civilization is how well its policemen have breathed and absorbed the spirit of liberty.... Police are the guardians of our civil liberties.... They have an unequal opportunity to show the downtrodden and the momentarily despairing how to cope in a free country." (16) They are teachers who must help set the example for society. Ethics do not come from a piece of paper, but from within. All law enforcement personnel must set the ethical example; therefore, not only will law enforcement become a more ethical profession but, perhaps, society will become more ethical as well.

Endnotes

(1.) Peter Madsen and Jay M. Shafritz, Essentials of Government Ethics (New York, NY: Penguin, 1991).

(2.) David A. Hansen, Police Ethics (Chicago, IL: Charles C. Thomas, 1973).

(3.) This infers that people will take the correct action for altruistic reasons, not just because they are forced or because someone is watching them.

(4.) International Association of Chiefs of Police, "The Evolution of the Law Enforcement Code of Ethics," Police Chief January 1992, 14-17.

(5.) Supra note 2.

(6.) President's Commission on Law Enforcement and Administrative Justice, The Challenge of Crime in a Free Society (Washington, DC: U.S. Government Printing Office, 1967).

(7.) William C. Heffernan and Timothy Stroup, Police Ethics: Hard Choices in Law Enforcement (New York, NY: John Jay Press, 1985).

(8.) For additional information on police leadership, see Paul Hansen, "Developing Police Leadership," FBI Law Enforcement Bulletin, October 1991, 4-8.

(9.) Hubert Williams, "Maintaining Police Integrity: Municipal Police of the United States," Police Studies, Spring 1986, 27-33.

(10.) Paul Myron, "Crooks or Cops: We Can't Be Both," Police Chief January 1992, 23-28.

(11.) Supra note 9.

(12.) Supra note 9.

(13.) Supra note 9.

(14.) Supra note 9, 32.

(15.) Susan Braunstein and Mitchell Tyre, "Building a More Ethical Police Department," Police Chief January 1992, 30-34.

(16.) Supra note 7.

Mr. Grant serves in the FBI's Contract Administration Office, Criminal Justice Information Services Division, Clarksburg, West Virginia.

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