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Ethics in police discretion
Ethics within policing
Ethics in police discretion
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Police ethics are extremely important because ethics are the typical of “fair and honest conduct” (pg 460). People may have a different definition of what is fair and what is honest, and there are different circumstances where officers may not be able to be honest; such as covert investigations. Society in general determines what our ethical standards and moral principles are. Individual morals vary among all of us as they are what we as an individual consider to be right or wrong. We also have morals that are set by society. These are what we as a society consider to be right or wrong and may go hand in hand with individual morals. Morals change as society and people change, therefore we as a country have to adapt to what the changing morals are. Officers are able to use discretion in many situations that their morals would guide them in. They have the right to pull a person over with probable cause or a violation and they can choose whether to give them a ticket, a warning, or nothing, depending on the situation. The morals I have and that I teach my children are what I belie...
Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized. " Having less than ethical people in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime. For a start, ethics, or lack thereof, in criminal justice could be detrimental to citizens, and to the society as a whole.
As a police officer my ethical responsibility does take precedence over my personal views. I do not make the laws but I must carry them out as they are presented. It is not my place to make changes. If there is a conflict between my ethical responsibility and personal views, I will move forward with the ethical responsibility as I have promised to do. If I were not able to do this, I would not be a police officer. My personal views are in line with my ethical responsibilities which makes this very easy for me. If at any time I find that I am struggling with this, I would find another
As stated in the textbook, police often have to make decisions on their own, with only their moral compass to guide them. Most ethical dilemmas that police officers face derive from their powers of discretion. Moral dilemmas that police officers face are often frequent and unavoidable. They are often unpopular with many people, resolved quickly, and are often dealt with alone.
Within our police system in America, there are gaps and loopholes that give leeway to police officials who either abuse the authority given to them or do not represent the ethical standards that they are expected to live up to by society. Because of the nature of police work, there is a potential for deterioration of these ethical and moral standards through deviance, misconduct, corruption, and favoritism. Although these standards are set in place, many police officers are not held accountable for their actions and can easily get by with the mistreatment of others because of their career title. While not every police abuses his or her power, the increasingly large percentage that do present a problem that must be recognized by the public as well as those in charge of police departments throughout our country. Police officials are abusing their power and authority through three types of misconduct known as malfeasance, misfeasance, and nonfeasance and these types are being overlooked by management personnel who rarely intervene even though they know what is happening. Misconduct is wrong because it violates rights and causes people to be wrongly accused of crimes or be found not guilty and set free when they are still an endangerment to other people. The public needs to be educated on what is happening in the police system in hopes that someone will speak out to protect citizens from being violated by police officers.
Police misconduct has been in existence since the 1600’s, European Influence on American Policing. Ironically, Police Officers in modern day continue the legacy of the police “culture” (Barry, 1999). A culture of abuse of authority or discretion, code of silence amongst officers, discrimination, and a strong belief that “cops — and firefighters — stick together, in life and death situations” (Wetendorf, 2004). Regardless of the abuse of authority officers conduct, it is a clear sign of poor ethics and morals amongst officers.
Police officers are judged excessively over their use of discretion. Depending on the situation it can be difficult to identify whether and officer is abusing their power of discretion without being detected. This is a concern
Police discretionary practices vary from officer to officer and every officer is differently trained by departments. Without the proper use of discretion out on the field, police officers are left open for legal suit actions however, if the officers are trained and exercising the use of discretion in a good manner, each individual officer can be held accountable. The second disadvantage of use of police discretion is that it allows the police officers to have too much power on making decisions which can affect the life, safety or liberty of an individual (Bargen, 2005). Police discretion presents a clear danger to society because the average officer can make a poor decision and affect the life of a person or persons. If discretion in law enforcement is used in a wrongful manner, it has great potential for being abused out of the field. Discretion allows police officers to “perform a duty or refrain from taking action” (Gaines & Kappeler, 2003, p. 251). Police officers are supposed to enforce equality under the law, people in society all should have equal rights and should be treated the same. However, discretion allows police officers to misuse it by treating offenders of different genders, race, class, ethnicity, religion, age and more inappropriately (Pepinsky, 1984). Law enforcement officers are
Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).
Police corruption and misconduct come apparent in many different forms. A basic definition for police corruption is, when an officer gets involved in offenses where the officer uses his or her position, by act or omission, to obtain improper financial benefit. The main reason for such corruption is typically for personal gain, such as bribery. Police abuse of authority occurs in three different general areas such as physical abuse, psychological abuse, and legal abuse. Physical abuse is such abuse where one uses excessive force or physical harassment. The psychological abuse occurs through disrespect, harassment, ridicule, excessive stops, or intimidation. Finally, legal abuse is abuse that occurs during unlawful search and seizure or manufacturing evidence (Pollock, 2012). One source describes police corruption in eight different ways. They include: corruption of authority, kickbacks, opportunistic theft, shakedowns, protection of illegal acts, the fix, direct criminal acts, and internal payoffs (Roebuck & Barker, 1974).
A Critical Assessment In defining police ethics, ethical policing and police ethics are not synonymous or interchangeable connotations to or for one another. Aside from establishing a police role independently from establishing any definition of ethics or police ethics, the semantics tend to complicate the defining process. Some of these complications include, but are not limited to, sociological aspects, psychological conditions, or philosophical reasoning. Examples of sociological complications include historical, political, cultural, or economic aspects. Some psychological examples include one’s ability to discern sociological implications from other implications; namely, the condition of post-traumatic stress disorder, hydrophobia, or even weary dreams. Lastly,
Ethics are the foundation of the criminal justice system. It allows us to create and developed our moral reasoning, our role in society, what society as a whole consider a fair, just, or acceptable punishment for those “breaking the rules”. Ethics also help us understand what the characteristics we believe are criminal activities are. Therefore ethics allows our criminal justice system to work smoothly and more efficiently.
In order to have effective policing I believe integrity and ethics play a huge part in helping build trust within communities. Sound conduct by police improves community interactions, enhances communication, and promotes shared responsibility for addressing crime and disorder. There are three ways that police departments can strengthen community relationships just by training officers about procedural justice, bias reduction, and racial reconciliation. If we implement these concepts, we can create an environment in which effective partnerships between the police and citizens can flourish.
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).
Being a police officer requires high level of ethics and standards. Corruption within an agency can affect a community, state, and even a nation. Corruption may seem inevitable but using proper screening, extensive and continuous training and holding officers responsible can deter officers from becoming corrupt.