Police Ethics

Chapter V.
The Police and the Law
The police must apply the law fairly, even handedly with a view to promote justice. Laws are created by legislatures presumably for
the best interest of all the people.

Philippines, like other countries is a country of laws and constitutional principles, the main purpose of which is to create a society
where everybody is free to pursue what he or she, individually believes is the good in life.

The idea of “good life”, a life that is personally satisfying and meaningful is the dominant motivation of every person.

Justice provides the environment within which the pursuit of the good is possible. When justice is successful, pursuit is treated fairly
relative to each other. Justice involves allocation of resources and rights in a way that allows individuals to obtain what it is, that they
are due and what they deserve.

The police must understand the true meaning of justice before acting and must behave in an honorable way as a law enforcer. In a
true sense, the police must be fair in the application of the laws of the land to everybody irrespective of the status of said individual
in a given community.

In a great extent, the actions of the police determine what the law really means.

The police make the written laws of the penal code come to life for the public.
Most analysts and well informed police officers believe no matter what the law states, no matter
how penal code sections read, no matter what training teaches us and no matter what police
leadership may want to tell us, the true meaning of the law on the streets is determined by police
officers.

Police officers bear a tremendous and unique responsibility. When said officers decide on a day-to-
day basis where to focus their attention, whom to arrest, and when to use force, they determine the
effects of the legal system will have on the lives of the individual citizen.

Police officers cannot be considered to be competent if they do not support their behavior in the
street with a personal ethics that is thoughtfully created and maintained. Ethics and competence
are largely determined by an individual police officer’s character.

The world is full of good, honest and competent police officers who have never studied Ethics.
Good ethics conduct comes primarily from what a person already has before he or she entered the
police academy. It comes from the person’s character and upbringing.
Ethics in Law Enforcement and Policing
It’s often said that no other profession demands a higher ethical standard than that of law
enforcement. Regardless of whether or not there are other careers that require a similar dedication
to doing the right thing, it is undeniable that there is an understanding of the tremendous degree of
expectations placed upon police officers.

Police Officers Must Live in a Fishbowl

Every officer knows or at least should know by now that they live in a fishbowl. Friends, relatives,
neighbors, and strangers watch every move law enforcement officers make, both on and off duty.
The fact is that the public scrutinizes police more than most other professions because they are
cynical and hope to catch them screwing up or because they are hopeful and are looking for a good
example and a strong leader. In either cases it’s up to the officer to be above reproach in both his
public and private life.
Law Enforcement, a Few Bad Apples Spoil the Reputation in of the Bunch. Day in and day out, we read stories of
officers who do wrong. Theft, excessive use of force, misuse of public office, abuse of authority, and even simple
things like speeding are all examples of unethical behavior on the part of those that the public has entrusted to
serve and protect them. It must be noted that the vast majority of police officers are truly good and dedicated
people who strive to serve the public and do the right thing at every turn. It’s unfortunate, but hard-working the
good work law enforcement does rarely make news, and when it does, it doesn’t carry with it the same long
memory that bad news seems to. Decades later, we still lament the Rodney King accident, and law enforcement
continues to reel from the perceptions and implications that were in its wake. Less-than-appropriate responses to
race riots and peaceful protests, as well as widespread mistreatment of racial minorities, still affects how officers
approach their jobs half a century later. Moreover, those events have served to shape down and erode the
public’s trust in their police making it that much harder for officers to do their job.

Unfortunate though it may be, a single ill-mannered act committed by a single unprofessional officer can impact
the entire law enforcement profession. Rarely does the public make a distinction between uniforms; at the end of
the day, all police officers look and act the same in the eyes of the average citizen. That’s why it is so vitally
important that each and every officer does her utmost best to maintain and build on the trust that the public has
given her, instead of squandering it simply for the sake of bravado, greed or self-gratification.
Some professional organizations may define their ethical approach interns of a number of
discrete components.
Typically these includes:
1. Honesty
2. Integrity
3. Transparency
4. Accountability
5. Confidentiality
6. Objectivity
7. Respect
8. Obedience to the Law
9. Loyalty
Definitions of Justice
Justice as Process- Justice prevails when people under similar circumstances are
treated in an equal and far manner before the law.

Justice as Substance- Justice prevails when people receive from the law what they
deserve to receive.

Three (3) major functions of the police which are admittedly vague and often in conflict
with each other.

1. Enforce the law

2. Maintain order

3. Provide community service

The Need for Police to Study Ethics
Why is it important for the police officers today to discuss morality in relation to their work? Here are
some of the reasons why:
1. Limited Police Academy Trainings in Ethics
2. Limited Academic Training in Ethics
3. The Intellectual Capabilities of Today's Officer

Limited Police Academy Trainings in Ethics

A systematic treatment of ethics, if in a short period is necessary to make the connection
between the police officer’s duty and the common good of the community.

Police academies offer only three and half hours allocation for ethics in their curriculum.
This is so inadequate for police officers who always encounter a sort of ethical dilemma in
the performance of their sworn duties. Several police officers were charged of misconduct
while in the performance of their duties maybe due to the insufficiency of their knowledge of
what ought to be a competent and a professional officer – a person who possesses and
exhibits a good character.
Limited Academic Training in Ethics
An increasing number of police recruits who are graduates of Criminology have only six
units in Ethics which is inadequate for them to exercise their profession as true
professional police officers. Existing criminal justice ethics classes tend to discuss ethics
from the positive perspective starting with philosophical considerations of ethics in
general and move through analyses of what it means to be a professional police officer.

The Intellectual Capabilities of Today’s Officer

A professional, knowledgeable, competent and effective police officer must want
to include in his or her body of knowledge about the world of understanding of
what ethics means. Public expectations of police competence, is an officer with a
clear, ethical understanding of the job and possesses good moral character.
Police Professionalism
The first era in the history of the policing system
was introduced by Sir Robert Peel, an english statesman with
the establishment of the Metropolitan Police of London in 1829. The members of the
Metropolitan Police were regarded as professionals because they were hired, trained
and paid to do the job on a full time basis. These people replaced a semi-voluntary
system as the night watchmen. This is referred as “Political Era” which was followed by
the Reform Era between 1910 and 1950.

During the Reform Era strict control were placed on police officers and police
organizations in order to fight the corruption and incompetence of the police officers.
Chains of Command were tightened, uniforms and a more military look were harnessed
and Internal Affairs were created to investigate accusations of police conduct. The police
academy was invented and training was taken seriously for professiozing the police.
Definitions of a Professional
1. A professional is anyone who does a job for pay (a professional athlete as compared to an
amateur)
2. A professional is anyone who looks clean cut, disciplined, and polished when on the job (a
military standard)
3. A professional is anyone who develops and uses a special skill at work (a carpenter or a
plumber)
4. A professional is anyone who possesses an academic experience and possesses a body of
knowledge that is unknown to lay people (a physician, lawyer, engineer or teacher)

Professionals possess
1. Knowledge
2. Education
3. Regulation
4. Discipline
5. Problem Solving
Knowledge- a systematically organized body of knowledge that lay people (not professionals) do
not understand.

Education- an academic experience that involves studying and learning. This systematically
organized body of knowledge within a wider conceptual framework.

Regulation- self regulation, standards of education and licensing that are set by members of the
profession themselves, normally controlled by professional organizations such as PCAP
(Professional Criminologists’ Association of the Philippines), PEACE (Philippine Educators’
Association of Criminology Education). Federation of Authors in Criminology and Criminal Justice
Inc (FACCI) etc,

Discipline- self policing, investigation, and disciplining of members accused of misconduct by their
peer professionals.

Problem Solving- done in a collegial manner; all licensed members of the profession are co-equal
partners in problem-solving using their expertise and insight to solve problems together.
The Professional Officer (William K Muir) possesses:
1. Passion
2. Perspective

Passion- the understanding that resorting to violence or threats is ethically acceptable if and only if
it is done in the interest of justice and in accordance with the welfare of the community; that no
guilt need be associated with the pain or unpleasantness of using force.

Perspective- the development of an inner understanding of the motives of the people, a sense of
life’s causes and effects, and a knowledge of the tragedy of life (that all people suffer sometimes,
that everyone yearns for some dignity, and that no individuals is worthless.)

Professionalism is changing the way thousands of police officers view their jobs. The change is
seeing police work as an occupation that gives something to the police officers, so seeing police
work as a profession to which the police officers owe something.
True professionals are embracing the idea that it is a privilege to be a police officer aside
from the benefits and a dynamic work experience, it is also the responsibility and power
entrusted to them.

The personal ethics of individual police officers are critical to the impact of the criminal
justice system.

A Vision of Ethical Policing

The ethically ideal police system would be one with
integrity and nothing puzzling about it (e.i., there would be no
corruption or misconduct). There would be no us-against-them and no disrespect for the
limits of the law or how it is enforced. Everything done in private would be just if it was
done in public. Mistakes would be treated as learning opportunities, but there would be
less of them because of widespread adherence to the values of probity, restraint,
reasonableness and caution.
Recruitment, selection and training mechanisms would be flawless, with promotion on
the basis of permit no one being without ample supervision, and the organization giving
its personnel whatever resources they need to perform their work better. There would be
“open door” policies to the public, academics and the media. Nothing the police do or
how they do it would come as a surprise to anyone. They would conduct themselves, as
August Vollmer once said, in ways that make it impossible for anyone to make a joke
about them.

Besides having the public on their side, the police desperately need to have politicians
who care more about the public interest than their own political survival or advancement.
Ethical policing works best in an ethical climate. However, even if the political leaders
are a bunch of bunglers and even if all society becomes a Sodom and Gomorrah, this is
no excuse for the police to abandon their ethics. Their commitment to a code of ethics is
unconditional. You don’t lower your ideas (or revise your mission statement) just
because circumstances in the environment have changed. The true test of character is
keeping your faith in the face of adversity.
Professional Code of Ethics
Every criminal justice profession and association has “codes” of ethics, “canons” of
professional responsibility “statements” of values, “principles” of conduct, “standards” of
practice, and “oaths” of office, along with “pledges” , “vows”, “maxims”, “credos”,
“prayers”, “tenets”, and “declaration”.

Some are directed to God; others to superiors of the profession; and still others to
society as a whole. Some are regulatory; others are aspirations; some adhere to
utilitarianism; others to deontological ethics; but they all make promises to people to
keep it as a standard of performance. A code of ethics, if it is to be used for occupational
purposes, must set a standard above ordinary morality.

Otherwise, there’s no need for a code of ethics at all. This is especially relevant to police
work, where it’s going to take more than just a commitment to being an ordinary, decent
human being.
The practice of a profession cannot be regulated entirely by legislation. Each profession
therefore subscribes to a set of moral code. This Code of Ethics guides the actuation of
a professional where the law is silent or inadequate.

A Code of Ethics implies that, before anything else a professional is a person who has
the obligation to listen to the “dictates of reason”. The need for it is obviously to the
advantage of the profession.

Codes of ethics have long been associated with professional bodies and groups. In fact,
members of those associations must abide by their codes of ethics. More recently,
business organizations have become aware that they need their own codes of ethical
conduct. So you may have to develop your own code providing an ideal opportunity to
tailor one that fits the specific needs for your organization and its people.
Some important steps to follow:
1. Get started on your code of ethical conduct.
Following recent global corporate events and scandals we have become
increasingly aware of the need for ethical business conduct. The print and
electronic media continue to reveal examples of unethical conduct by global and
emerging and corporate organizations as well as smaller local businesses. The
need for higher ethical standards in business is obvious.

•2. Conduct initial research.

As a first step, check for two important ingredients:
2.1. Investigate any current legislative requirements guiding ethical conduct in
your field, and be prepared to take immediate action if any anomalies are
uncovered.
2.2. Check the top-five traits or values espoused by your own professional
association. Those for example could be ‘honesty’, ‘integrity’, ‘objectivity’,
‘confidentiality’, and ‘accuracy’. Aligned with those values should be desirable
actions.
3. Secure commitment.
Staff needs to see that management is serious about ethical conduct and not just
protecting itself and its interest. The type of consultative process will depend on
the size of your organization, but key staff discussions will focus on values. Don’t
assume that people share common values; identifying those beliefs can’t be
rushed. Provide opportunities for people to discuss in practical terms how a code
of ethical conduct will fit into, enhancing, their day-to-day operations.

•4. Focus on your organization.

Try this three-step approach.
4.1. Identify and collect descriptions of major issues in your work place.
4.2. Select those issues considered to be ethical in nature-dishonesty,
discrimination, unfairness, etc.
4.3. Identify behaviors needed to eliminate the causes of those issues and which
values would generate your preferred behaviors. To minimize dishonesty for
example, you might promote the value ‘respecting the property of others’.
5. Consider a social audit.
A social audit involves asking employees, customers, suppliers, and
other stakeholders whether they believe the organization meets its stated
aims on key issues such as customer service, honesty, integrity, etc. The
audit could be conducted as a survey or involved focus groups. Ideally,
the skills of an independent expert would be used with a brief to provide a
snapshot of the organization’s performance and areas for possible
improvement. This information will assist your next step.

6. Assemble high-priority ethical values.

From your various forms of data collection, compile a top-ten list of ethical
values. Your list will probably resemble existing values lists, such as the
Josephson Institute of Ethics’ ‘Pillar of Character’.
7. Compose and circulate a draft code.
Having arrived at your top-ten ethical values, align key behaviors with each of them. In
addition to your top ten, you could do document requirements in relation to, for example,
dress codes, substance abuse, promptness, adhering to instructions from superiors,
conflict of interest, reliability, confidentiality, acceptance of gifts from stakeholders, use of
the organization’s property personal purposes, reporting illegal or questionable activity. It
is likely that this list will result from your consultative process. Your completed draft will
probably include:
1. An introduction
2. A clear definition of mission, objectives and values.
3. Guidance in dealings with colleagues, shareholders, stakeholders, suppliers and the
community.
4. Clear expectations of acceptable conduct.
5. Operating principles and realistic examples.
6. A formal mechanism for resolving issues.
Invite feedback from as many people in the organization as possible.
8. Adopt the final code.
Provide everyone in the organization with a copy of the code, and include it in the
introduction program, staff training and performance appraisals.

9. Institute a procedure for dealing with issues.

Appoint an internal ethics management committee which will, among other things, elect an
ethics officer who is ideally a member of executive (international company Raytheon has a
Director of Ethics Compliance). Additional training for this person is desirable, on way to
deal with issues that may arise and how to mediate in grievances raised by employees. If
anonymity needs to be protected, you may decide to use the services of an ethics counselor.

10. Review bi-annually.

To review ethical issues frequently will risk alienating staff. Indeed, the review process must
be quick, to the point, involve representatives of all areas of the organization, and
acknowledge examples. (Reference: How to Develop a Code of Ethical Conduct: By Dr. Niel
Flanagan)
End of
Chapter V.