WSURCPI Ethics Fundamentals

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    Ethics in Policing

    Richard N. Holden, Ph.D.

    Central Missouri State University

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    Crisis in Law Enforcement

    According to Human Rights Watch, an

    international public watchdog group, federal

    prosecutors in 1998 brought charges againstpolice officers in less than 1% of the cases

    investigated by the FBI involving allegations

    of police abuse.

    Earl Ofari Hutchinson The Plain Dealer

    March 23, 1999

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    Crisis in Law Enforcement

    The tragic killing of Amadou Diallo, shot41 times by four New York City police

    officers, has focused attention on policebrutality. This attention has revealed thepolice practice of racial profiling, whichincludes stopping and searching

    people--mostly blacks and Latinos--because they fit a certain profile. TonyNewman USA Today

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    Crisis in Law Enforcement

    the perception of too many

    Americans is that police officers cannot

    be trusted. Janet Reno, Attorney General of the United States

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    Ethics in Policing

    Professional Police Conduct

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    Primary Responsibilities

    Serving the Community

    Safeguarding Lives and Property

    Protecting the Innocent

    Keeping the Peace

    Ensuring the Rights of All to Liberty,Equality, and Justice

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    Philosophy of Minimalism

    Best Approach to Law Enforcement.

    Principle of Least Intrusive Action.

    Select the Option that Solves the

    Problem While Doing the Least Amount

    of Harm.

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    Professional Standards of

    Behavior Police Officers Will Be Responsible for

    Their Own Professional Conduct.

    The Necessity for Professional Growthis Prevalent in All Professions,Especially in Policing.

    Officers Will Seek Opportunities ForExpanded Learning and ContinuousDevelopment of Relevant Skills andConcepts.

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    Police Deviance

    How Bad is the Problem?

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    Police Deviance

    Brutality

    Abuse of Authority

    Lying

    Sexual Misconduct

    Theft Alcohol/Drug Abuse

    Deliberate Inefficiency

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    Brutality

    Individual police brutality is a often aproduct of immaturity. It is caused by

    fear. Institutionalized brutality is a by-product

    of:

    Poor training.

    Peer support.

    Lax/incompetent supervision.

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    Abuse of Authority

    Legal.

    Physical

    Verbal.

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    Lying

    Falsifying Reports

    Falsifying Evidence

    Cover-ups.

    Lying in Court

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    Sexual Misconduct

    The patrol car has been referred to as a

    rolling bedroom due to its heavy use

    for sleeping on duty and illicit sexualencounters.

    Sexual Bribery/extortion.

    Sexual liaisons.

    Voyeurism.

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    Crimes for Profit

    Theft of Property

    Bribery

    Extortion

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    Alcohol/Drug Abuse

    Drinking on duty is more common than

    most people suspect.

    Drug abuse among police officers hasbeen a growing concern for over a

    decade.

    Officers have ready access to bothalcohol and drugs.

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    Deliberate Inefficiency

    Sleeping on Duty

    Shirking Duty

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    Organizational Pathology

    Causes and Symptoms

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    Mismanagement by Budget

    Public agencies are not punished for

    inefficiency; they are rewarded.

    An agency failing to spend its annualbudget will lose funding for the following

    year.

    Overspending the budget is oftenrewarded by an increased budget.

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    Parkinsons Law

    Work expands to fill the time allocated

    for it.

    C. Northcote Parkinson

    There is no relationship between

    organizational growth and

    organizational effectiveness.

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    Peter Principle

    In any organization, people rise to their

    level of incompetence.

    Lawrence Peter

    Ultimately, all management positions

    may be filled with incompetent people.

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    Organizational Life-Cycles

    Five stages in the life of an organization

    Adolescent

    Prime

    Maturity

    Aristocratic

    Bureaucratic

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    Adolescent Stage Time of organizations creation.

    Productivity is low.

    Original policies formulated.

    Training cliques develop.

    Value system begins to form.

    Morale is high.

    Strong informal interaction.

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    Prime Stage Organization is results oriented

    System is stable.

    Productivity is optimal. Organization acutely aware of external

    demands.

    Support services are predictable and tuned to

    the needs of line elements. Emphasis on planning but coupled to high

    expectations.

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    Maturity Stage Organizations sense of urgency declines.

    Risk taking declines; less emphasis on

    research and development. Aspirations are held low as both labor andmanagement enjoy past success.

    Procedures and policies become more

    important as formal climate develops. Birth of internal political systems seeking

    power at organizations expense.

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    Aristocratic Stage Business as usual.

    Organization becomes backward looking.

    Ritual becomes important. Tenure becomes important.

    Dress codes are developed and understood.

    Jargon stagesubculture language fully

    developed . Training focuses on organizational symbols

    and getting along on the job rather than doingthe job.

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    Bureaucratic Stage Production falls as organization slips

    into stagnation.

    Research and development ignored. Management paranoia, political

    infighting, and blame placing.

    Guiding principal: Put it in writing. Unit isolation enforced.

    Private organization bankruptcy!

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    Trained Incapacity Trained incapacity refers to that state of

    affairs in which ones abilities function as

    blind spots. Training a person to do a job one way

    simultaneously trains that person to not do

    the job any other way.

    Training for one set of conditions becomesdysfunctional when conditions change.

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    Occupational Psychosis

    Occupational psychosis is a product of

    the socialization process.

    The new member must replace values andbeliefs with those of the subculture.

    In policing this is known as the John

    Wayne or Wyatt Earp Syndrome.

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    Occupational Psychosis

    Symptoms

    Dualism-viewing the world as good vs.

    bad. You are either for or against me.

    Loss/warping of sense of humor.

    Distancing from outsiders. Preoccupation with organizational value

    system

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    Fundamental Ambivalence

    A form of occupational blindness or

    tunnel vision.

    A way of seeing becomes a way of notseeing anything different.

    Every event is screened through the

    value laden viewpoint of the subculture.

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    Sanctification Sanctification is the process wherein

    bureaucratic norms become sacred

    values. Agency members develop an over-

    reliance on organizational symbols and

    provide these symbols a legitimacy oftheir own.

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    Fear A by-product of the sanctification

    process is organizational fear. The

    values become so accepted no onedares challenge the system.

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    Goal Displacement Adherence to rules, originally devised

    as means, becomes transformed into

    ends. Ends become obscure or lost.

    Means become sacred.

    People/organization lose sight of theirmission.

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    Espirit dCorps Group cohesiveness, necessary for

    successful military operations, has a

    destructive component for civilianagencies.

    It is the belief that the worst of us isbetter than the best of them.

    We have bad cops because goodcops protect them.

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    Organizational Arrogance

    Caused by a perceived powerdifferential.

    The organization is powerful, thereforethe member is also powerful.

    The citizen, representing no one, is notpowerful and not worthy of respect.

    The result is institutionally sanctionedrudeness.

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    Police and the Minority

    CommunitiesOvercoming History

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    Police-Minority Relations

    There is a history of discrimination

    against minorities by all aspects of

    society. This history is centuries old.

    The problem is compounded by the

    absence of economic power in minoritycommunities.

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    Police-Minority Relations

    Minority frustrations with policepractices are compounded by a lack of

    support from the majority community. Police support derives mostly from the

    majority community, thus increasingminority community isolation.

    Minority communities have few meansto obtain redress for concerns withquestionable police practices.

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    Improving Police-Minority

    Relations Open communication between the

    police and minority communities.

    Establish community task-forces toidentify problems and proposesolutions.

    Initiate changes in departmentprocedure based upon task-forcerecommendations.

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    Improving Police-Minority

    Relations Ultimately, it is the behavior of individual

    officers towards members of the

    minority community that will determinethe departments relationship with the

    minority community.

    No amount of good will can overcomeimproper police conduct!

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    Ethics

    Ethics is a Management Issue!

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    Ethics Department value statements and

    public relations initiatives are useful.

    Police conduct, however, determinesthe publics perception of lawenforcement.

    Ethics is about behavior.

    Behavior is determined byaccountability.

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    Ethics and Accountability

    "Police departments like to claim thateach high-profile abuse is an

    aberration, committed by a `rogue'officer. But these human rightsviolations persist because theaccountability systems are so

    defective." Kenneth Roth executive director of the

    human rights watch.

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    Accountability The greater the officers ability to avoid

    accountability, the greater the amount of

    police misconduct. The police subculture often defeats

    accountability.

    We have bad cops because good copsprotect them.

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    Experience vs. Procedure

    Many officers rely more heavily onexperience than department procedure.

    Personal experience is inherently

    flawed; it rests on subjectiveimpressions filtered through biasedexpectations.

    Officers often remember when atechnique to a problem works, but forgetthe many times in which a similarapproach did not work.

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    Police Information Sources

    Over reliance onemotional sources: War stories

    Personalexperiences

    Rumors

    Fictional crime

    stories. Organizational

    mythology

    Under reliance on

    factual sources:

    Establishedprocedures

    Training

    Case law

    Research Reports Professional

    Journals

    Text books

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    Police Subculture Corrosive influence.

    Emphasizes collective experience over

    training and procedure. Emphasizes group loyalty over duty.

    Built on distrust of outsiders.

    Alters definition of police success.

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    Views of Police Success

    Department view

    Community focus.

    Problem addressed. Appropriate approved

    procedure used.

    Accurate record of event.

    Actions takenlegally/morally

    defensible.

    Subculture view

    Officer focus.

    Problem masked. Least demanding

    procedure used

    (shortcuts).

    Self-serving record ofevent.

    Actions often

    questionable, sometimes

    illegal.

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    Ethics and the Line Officer

    People are responsible for their ownbehavior.

    Each officer must make it clear tocolleagues that improper behavior willnot be tolerated in his/her presence.

    Each officer must intervene quickly toprevent/stop improper conduct fromfellow officers.

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    Ethics and Supervision

    Too many supervisors are moreinterested in being liked by officers than

    in holding them accountable for theirbehavior.

    Supervision is not a popularity contest.

    Supervisors must make expectationsclear and hold subordinatesaccountable for their behavior.

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    Ethics and Middle

    Management Mid level managers must clarify and

    solidify department expectations.

    Managers must hold supervisorsaccountable for the behavior of theirofficers.

    People who will/can not superviseothers must be removed fromsupervision.

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    Ethics and the Chief

    The chief creates the ethical climate of

    the department.

    Internal affairs is only as effective as thechief wants it to be.

    The chief must be fair, but abuses of

    authority and inappropriate conductmust be handled quickly and firmly.

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    Department Ethics

    A police department has as much

    misbehavior as it is willing to

    tolerate.