The Concept of Ethics in the Realm of Policing
When we talk about "ethics" in police work, we’re essentially addressing questions that affect the core of the law enforcement profession. In deciding how it is going to act, the police department is really determining whether or not it values a particular set of standards and practices. In deciding whether or not to hold an officer accountable for using excessive force, a department is speaking to its belief regarding whether or not to apply the same rules to all those who wield the power of the law. In deciding whether to promote a supervisor for sexually harassing a subordinate , a department is speaking to what kind of culture it wants.
Just as the attitude and actions of the employer are central to creating a culture, our shared values contribute to the atmosphere of respect—or lack thereof—for the law. By keeping our shared values in mind, we are saying that we expect our officers to act ethically and to use his or her privilege-the badge etc.-to help those who cannot protect themselves or to enforce the law.
Ethical Dilemmas for Law Enforcement Officers
Law enforcement officers face numerous ethical challenges on a daily basis. In the midst of these routine encounters, unique challenges inevitably arise that tempt the officer to act unethically. Some of the most common ethical dilemmas faced by law enforcement officers include the following: Use of Force – Police officers must sometimes use physical force to subdue a suspected perpetrator. However, excessive force can lead to serious consequences for the police department as well as legal action against the officer’s personal finances. Officers must be sure to comply with all policies regarding the use of force and only use the force required to detain a suspect. Corruption – Corruption refers to a violation of an individual’s responsibilities for personal gain. Examples include theft, bribery, drug abuse, kickbacks, insurance fraud, falsifying financial documents, self-dealing, and a host of other illegal activities. Officers must resist temptation to act corruptly. They must resist the urge to use their authority for personal benefit. Racial Profiling – Racial profiling occurs when a police officer stops an individual based solely on his or her racial or ethnic background. Officers must ensure that they do not allow a person’s race or ethnicity to influence their decision to stop and question the person. The officer must focus on the behavior of the person rather than biases regarding race or ethnicity.
Effects of Police Misconduct on the Community
Ethical misconduct by law enforcement has a profound impact on many communities and can lead to a negative loss to many people. The negative impact leaves a larger footprint than is at first acknowledged.
The most common negative impact to communities looks at the erosion of trust in officers who are supposed to uphold and enforce laws fairly and impartially. As indicated above, the sense of betrayal is only worsened when the officer engages in discriminatory action. This dissipation of the trust causes many professional and lay persons in the field of criminal justice to question all officers-even the honorable ones. As a result, there is a true loss of confidence in the justice system and its representatives. This loss of trust is certainly something that is hard to restore to the old sense of community.
Communities all across the nation are affected when officers lose the moral battle and allow their acts to go unchecked. When the misconduct of officers is to the extent in which they are forced to terminate employment, other officers are forced to take the proverbial fall; and the community loses out because one or more honorable officers have to pay the price. It is always disturbing to see an officer loosing the battle of moral right and wrong. The saw that cuts two ways is when officers engage in misconduct; the trust and respect of officers and the criminal justice system erodes. Which in turn, leads to a negative impact on the communities they are sworn to protect and serve.
Policies and Training Tackling Ethical Issues
Training and policies designed to prevent ethical violations are of critical importance. If not handled correctly, training can increase the risk of a future violation instead of reducing it. Ethics training routinely has the potential to be perceived as mechanical, dull, and uninspired. This has the potential to undermine a culture of ethical decision-making. Motivated by organizational culture, rather than the threat of discipline, employees are ultimately more likely to behave ethically.
The State of Washington Office of the Attorney General produced an excellent video on ethics entitled "A Good Seattle Ethics Program". The video emphasizes how ethical dilemmas must often be considered within the complex system of interrelated factors. For example, a particular action that is considered unethical in one context may be considered acceptable in another context. There is an inherent complexity to most ethical dilemmas. It is usually simplistic to conclude that anyone who has acted unethically was being "immoral," or "crooked," or "out for self". In addition to the emotional need to rationalize an individual’s behavior to avoid feelings of disgust and shame, there are also psychological factors that can result in ethical blindness.
Clarifying corporate values is important. The Washington AG Office video encourages an agency to begin by clearly stating and developing what is considered "core values". Statewide law enforcement agencies should develop a statewide statement of values that are consistently communicated through policy and training . The video suggests five "core" values: The video points out: "Ethics program compliance is not achieved through mechanical rule compliance but organizationally through consistent and motivational communication of what is valued."
Internal investigations and complaints. Fostering a culture of ethical decision-making is difficult when unethical behavior by some individuals can be perceived as being tolerated, or even accepted, by an agency. A thin blue line mentality that conveys the perception that police officers are above the rules can have a negative influence on ethics inside the agency.
Policy development and communication. In order to ensure the existence of an effective ethical culture, an agency needs to develop and implement policies, rules and regulations that are notified to all employees either by publication or distribution, and are periodically updated. This process requires that an agency participate in the local government policy development process. The Oregon League of Cities has developed a very helpful guide on policy development. Public agencies should consult their city attorney, county counsel, or general counsel to ensure that personnel and citizen policies are legal, valid, effective, well communicated and understood by all. The Washington AGO video notes that without proper implementation, even the best policies can do little to prevent misconduct. Keeping policies fresh and relevant is crucial, and policies should be reviewed annually. The Washington AGO video encourages agencies to view ethics policies as "tools to help employees make the right decision."
It is often advisable for internal policies and guidelines to reference the state ethical code for public officials in addition to agency policies.
Ethics-Related Case Studies to Consider
Shining a light on the impact of police misconduct, the failure to live up to legal obligations and legal standards, and the depths to which some police agencies will collude with or cover up the unlawful actions of their personnel, provides a roadmap to prevent ethical lapses in the future.
Even though these incidents are rare, we can learn a great deal from reviewing instances where law enforcement failed to follow the law or accepted policies. Three of the most notable examples of ethical breaches in police history are:
The Los Angeles Police Department gave a "free pass" to the Ramparts Division for years. Until about 1992, the Ramparts Division engaged in abuse of power and corruption at every level. Officers beat and stole from gang members and falsely arrested innocent citizens. They denied medical care to injured citizens. They shot innocent civilians and then fabricated evidence against them in order to conceal the shooting from regulators. Rampart cops planted fake evidence, including guns, in order to fabricate justifications for patrol stops and the use of deadly force.
After a year-long investigation, the Ramparts Division was essentially shut down. A hundred officers had their careers ended after being implicated in the scandal. The damage control after the Ramparts debacle included the investigation of 2,400 of the 4,200 cases that were pending or had been adjudicated since 1995. Dozens of convictions were overturned, complaints were filed against officers, trials were reopened, and millions of dollars were paid in civil judgments and settlements.
L.A.’s Ramparts Division shortfalls prompted a series of police-led reforms in the City of Los Angeles. And while the Rampart Division was shut down, the city moved forward with establishing the Office of Independent Review and the Police Commission as civilian oversight programs.
The New Orleans Police Department’s Internal Affairs is the watchdog of the department, catching potential misconduct and preventing it. In August 2005, before Katrina hit the Gulf Coast, the NOPD’s Internal Affairs Division announced it was under investigation for corruption, particularly regarding the group that oversaw the Internal Affairs process. It was a reasonable suspicion and was eventually confirmed after Katrina. When the storm hit, the department dissolved entirely. Officers received no training in how to respond after the hurricane struck.
Post-Katrina, a New Orleans officer killed a man at Henry-Roosevelt intersection, who apparently was driving in the wrong area. Another New Orleans officer killed a disabled man in the French Quarter who allegedly was threatening people with a pen. An off-duty officer was part of a vigilante group that chased and then executed two black men. Another blind NYPD officer allegedly shot another unarmed man in the French Quarter. Officers also fired at civilians in moving cars, chest-high fences, and at a stationary car that had its hands up in surrender.
By the summer of 2006, eight officers were indicted in the shooting death of two unarmed men. It was an indicator of a breakdown in major urban police infrastructure, and the beginning of a restructuring process.
The Newark Police Department periodically faces federal oversight due to allegations of misconduct. In 2019, the New Jersey Attorney General’s office helped a former Newark police officer obtain a one million dollar settlement upon his claim of retaliation against him after he reported alleged police misconduct. Additionally, the City of Newark paid the family of a man killed by an officer accused of holding a man hostage over a perfume sale, three million dollars.
In a separate, but short-lived endeavor, the New Jersey Office of the Attorney General created the Police Officer Internal Affairs Policy and Procedures Working Group. The aim of the group was to create a model policy for New Jersey police departments. The working group released a report in January 2017 stating, "we must all acknowledge that we face an ongoing challenge when it comes to accurate reporting of suspected misconduct by police officers." The report noted that in the majority of the departments reviewed, only a small number of internal affairs matters were substantiated, which is unusual. The report also noted that some agencies routinely miss statutory timelines for reporting investigations to the Attorney General, and those statistics revealed that missing reports regarding investigations were too high.
Future Trends in Police Ethics
Technological advancements are poised to play an increasingly crucial role in shaping the ethical landscape of law enforcement in the years to come. The integration of sophisticated communication devices, surveillance technologies, and data analysis tools into police work presents unique ethical challenges that will require a delicate balance of public safety concerns and the protection of individual rights. As law enforcement agencies continue to adopt these technologies, they must also invest in rigorous training programs that emphasize the importance of ethical decision-making and accountability in the use of such tools.
Public expectations for ethical conduct in law enforcement are also likely to evolve over time. As citizens become more informed about their rights and the intricacies of the legal system, law enforcement officers may be required to navigate a more informed public that demands greater transparency and accountability. To address this , police departments might consider implementing regular public outreach programs to better educate citizens about the ethical standards expected of law enforcement personnel.
Collaboration among different law enforcement agencies and community organizations can also be expected in the future, particularly with regard to ethics-related training and education. For instance, local and state law enforcement agencies might partner with criminal justice programs at nearby colleges and universities to provide training on the latest ethical standards in policing. Community organizations may also work with the police to develop and implement programs aimed at fostering better understanding and improved relations between the police department and the communities they serve.
Finally, the field of law enforcement ethics will need to keep pace with the rapidly evolving legal landscape surrounding policing. As new laws are enacted and existing laws are interpreted by the courts, law enforcement officials must stay abreast of these changes and adjust their policies and practices accordingly to ensure that they remain in compliance with current legal standards.