The importance of ethics among the police professional police employees has become important particularly due to the nature of their work. Police officers on overall use a lot of discretion and one of their duties is the enforcement of the law. At the same time, police officers have the big duty of protecting the constitutional safeguards that in essence, are tenets of any society’s system, due process, and equal protection. Lastly, the police constitute public servants’ body that their behavior involves public trust. Nevertheless, the police according to Royal Commission Inquiries findings have fallen short of these requirements as more and more of the police have been found to participate, facilitate, or even have knowledge of corruption cases (Roland and Royal Commission, 1997). According to the findings of the commission, it was discovered that ethical issues affecting the police body has to do with process corruption, issue of gratuities and improper associations, substance abuse, fraudulent practices, assaults and abuse of police powers, prosecutions where there is compromise or favorable treatments, theft and extortion, protection of the drug trade, protection of club and vice operators. Moreover, protection of gaming and betting interests, drug trafficking, interference with internal investigations, and the code of silence, and other circumstances suggestive of corruption are roles of the police (Roland and Royal Commission, 1997).
Corruption is extensive within the police by the time the Commission was commencing its activities and characteristically, it was found that this kind of corruption was department-wide phenomenon, and majority of police were unwilling to reveal it since those taking part in it operated under the protection of code of silence (Roland and Royal Commission, 1997). Corruption within the New York Police Department is an issue that is not at all new, since it has turned out to be subject of numerous corruption scandals that in turn are followed by investigations. Nevertheless, in each case, evidence of corruption has been huge that sometimes the public has reacted with great shock and outrage. Interestingly, to the police themselves, this is not unusual thing since immediately after investigation and things have cooled down, they return to their business as usual (Roland and Royal Commission, 1997). Although some substantive reforms have been undertaken, the issue has persisted for sometime now and all indications are that it is not likely to go away anytime in the near future.
Police and ethical dilemma
As mentioned above, corruption forms the most type of misconduct that police are involved in. However, at the same time as revealed in the Royal Commission findings, brutality is another issue facing the police. What should be noted is that names, places, and times change but the issue of corruption and brutality has defied time. In general, there has risen conflict between the role of police maintaining law and order in the society. Ethics is an issue that features prominently as item number 8 in the United Nations toolkit of criminal justice assessment. In the toolkit is inclusion of questions that concerns “statistical data, laws, police powers, police code and conduct, monitoring and supervision, management, human resources, leadership, complaints and police misconduct, physical abuse, prisoner treatment, evidence, property, informants, criminal behavior, unauthorized disclosure of information as well as extortion (UNODC, 2006 cited in Gottschalk, 2009, p.34 ). In general, when police officers take part or facilitate misconduct, such officers suffer from ethical deficiencies, and ethics, in large part, has to do with examining and judging attitudes, behaviors and practices (Gottschalk, 2009). Police service as a profession is distinguished from other professionals in that, from the moment police officers start their career, it becomes a requirement for such officers to accept certain occupational roles that are largely defined by achievement of police ends, and by means that they employ in order to achieve those roles (Gottschalk, 2009). In performing their roles, police, unlike other professionals, are given powers and rights that other citizens in the society are denied. For instance, police are allowed to carry firearms in situations where other people are not allowed in the course of conducting their investigations. Further, the police may be entitled to infringe the privacy of other people in the process of investigation in ways that are not allowed to other citizens (Gottschalk, 2009).
Ethics and ethical dilemma among the police has been defined and put into perspective through the lenses of corruption. Gratuities and improper associations characterize the police and police are found in-between whether to say no or yes to different forms of gratuities such as money, free liquor, meals, and even sexual services (Roland and Royal Commission, 1997). Also emanating from the Royal Report is the fact of substance abuse where many of police officers take on drinking while on duty (Roland and Royal Commission, 1997). Most affected were found to be the detectives, and the danger in this is the likelihood of police judgment being impaired in the execution of their duties. Other likely results of this is the potential of police risking the services in which they are taking part in, while at the same time, putting the lives of people in danger, receiving favors from law breakers in form of alcohol or entertainment and even the likelihood of development of group culture which emphasize solidarity and silence (Roland and Royal Commission, 1997).
Ethical dilemma among police officers can be explained using the ethical formalism and utilitarianism concepts. Ethical formalism constitutes a deontological system that has become relevant in judging whether an act is moral, and the understanding is that, it does result from its consequence, as well as from motive or intent of the actor (Pollock, 2008). For instance, the assumption of the ethical formalism is that if someone performs an action from a good will, such actions can be considered a moral action even if it results in bad consequences (Pollock, 2008). Further, when an individual engages in some kind of activity that appear to be altruistic in nature but inside the performer’s heart there are ulterior motives to gain certain or specific favor then such an act does not qualify as a moral act (Pollock, 2008). The concept of ethical formalism was further enriched by Kant (1949) when the philosopher noted that moral worth originates from doing one’s duty (Pollock, 2008). Accordingly, in taking part in any form of action, the performer of such actions should be able to examine whether the particular behavior would be accepted and if by applying universal law such actions would be performed by other people in other situations (Pollock, 2008). Also, Kant notes that, in the process of performing actions, individuals need not do it directed by own purpose and lastly, individuals actions in the process of doing them should be carried out within the consistency of universal law and that the good act should be done freely. In the event an individual is forced to do a good act then compulsion removes the moral nature of the act (Pollock, 2008). Put together, these laws form what Kant referred to as the categorical imperative.
Another body of knowledge that can further explains the ethical dilemma among police officers is the utilitarianism concept. Utilitarianism, also known as the Greatest Happiness Principle, postulates that actions are regarded to be right in proportion if they promote happiness and they are wrong if they produce reverse of happiness (Banks, 2004). Happiness here is used to mean the intended pleasure and absence of pain; unhappiness on the other hand refers to the state of pain and privation of pleasure (Banks, 2004). The issue of police ethical dilemma draws much from this concept where police actions are justified on the basis that they are largely associated with means-end or utilitarian thinking that determines good by the result (Banks, 2004). Utilitarianism has been used to justify and analyze tactics. According to Cohen (1987), utilitarian approach can be used to justify police actions in the following ways: the end has to be good in itself, the means must be plausible way to achieve the end, there should be no alternative or better means to achieve the same end, and the means must not undermine some equal or greater end (cited in Banks, 2004).
Police issue of corruption can be formulated within the perspective of utilitarianism where the argument is that police have to negotiate an ‘end’ that takes into account the needs of all groups in society. In general, utilitarianism considers the greatest good for all those affected by the decision and usually uses persons as means to an end. Whatever means are used to achieve the best outcome are acceptable as long as the outcome is good for all those affected. Nevertheless, utilitarianism has been seen as a concept that deprives individual right protection, and the individual is sacrificed to the interests of all (Banks, 2004).
Ways of establishing an ethical culture in the Police
It has been observed that the issue of ethics in the police is particularly morally problematic in the sense that a lot and different demands are legitimately made and required of police. Because of this, ethical dilemmas seem to characterize policing and it is becoming imperative for police officers to participate in ethical choices, which in most cases constitute decisions individuals have to undertake together with appropriate responsibilities as a result of consequences arising from their actions. Any ethical analysis system should be able to exhibit functional concepts of responsibility, accountability, liability and due process (Gottschalk, 2009). Barbara Etter and Mick Palmer, writing in the book titled ‘Police leadership in Australasia’ observe that, police work in general requires considerable freedom of action and high degree of individual discretion and judgment usually in situations where little or no direct supervision is possible. At the same time, police discretion is unevenly distributed. Corruption in the police therefore can be minimized by taking all necessary steps to ensure that discretion and judgment are exercised correctly and within the acceptable limits (Etter and Palmer, 1995). Ethical culture hence can be established by undertaking the following four broad tasks: establishing appropriate ethical values, and an ethical culture; setting the framework of police and standards which should apply to relevant work; providing adequate resources, including management tools; and using the resources and tools to ensure that all police act in accordance with the Service policy and ethical values (Etter and Palmer, 1995).
Ethic behavior culture among police has been investigated and found that it can be achieved through appropriate formulation and enactment of an ethical code, which should have the capacity to accomplish the organization goals of police (Petrillo and Bagno, 2001). In essence, the ethical code formulated should reflect the country’s government needs, the religion issues of the police officers, the culture, and the tradition of the country (Petrillo and Bagno, 2001). In other words, an organization like the police needs to establish an ethical code within the society’s code. The resultant code should serve as guideline for developing cooperative mechanism and systems within the police to create and sustain an ethical culture that majority of police are able to identify and practice (Soms, 2003).
At the same time, education programs for police officials should be carried out in police ethics, which is seen to address and confront the extreme, more mundane situations in which they are faced with ethical dilemmas. In establishing a strong ethic culture, McConnell (2010) asserts that there is need to be a leadership with ethical values in the organization (McConnell, 2010). The ethical leadership should be able to institute organizational policies that outline guidelines for ethical behavior, which the members should be able to follow. Assessment should be another aspect to incorporate which should be enforcement of compliance with ethical behavior guidelines (McConnell, 2010). An appropriate ethical policy should be developed within the police force. The formulated ethical policy should be able to address ethical behavior standards, as well as describe how to identify and address ethical dilemmas and conflicts (McConnell, 2010). The particular ethical policy has to define and give guidelines on how to deal with gifts or with monetary value limit if gifts are acceptable. At the same time, to establish a strong ethical culture, there should be a thorough orientation of police officers to the basics of the ethical code or policy while at the same time, carrying out a mandatory annual training sessions which also should be evaluated (McConnell, 2010).
Conclusion
Ethical issues continue to confront police officers, and this is largely contributed by the nature of the work and responsibilities police are required to perform of fulfill. In carrying out their duties, police encounter conflicts in values that results into ethical dilemma. Therefore, the issue that needs to be addressed within the large police force is the need to develop an ethics code and put in place necessary mechanisms of ensuring the ethic code fulfills the objectives of the police. Further, to realize an ethic culture among police officers, there is need for continued training of police in the matters of ethics together with continuous orientation and assessment. In summary, an effective ethical culture in the police force can be realized through an effective leadership that exhibits ethic-oriented behaviour.
References
Banks, C. (2004). Criminal justice ethics: theory and practice. NY: SAGE.
Etter, B. (1995). Police leadership in Australasia. Leichhardt: Federation Press.
Gottschalk, P. (2009). Knowledge Management in Police Oversight: Law Enforcement Integrity and Accountability. FL: Universal-Publishers.
McConnell, C. R. (2010). The Health Care Manager’s Legal Guide. MA: Jones & Bartlett Learning.
Petrillo, M. A. and Bagno, D. R. (2001). The New Age of Police Supervision and Management: A Behavioral Concept. NY: Looseleaf Law Publications.
Pollock, J. M. (2008). Ethical Dilemmas and Decisions in Criminal Justice. OH, Cengage Learning.
Roland, W. J. (1997). New Police Service-Corruption found by the Royal Commission. (Attached notes).
Sims, R. R. (2003). Ethics and corporate social responsibility: why giants fall. CT: Greenwood Publishing Group.