2. ETHICS

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2. ETHICS
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Note to Instructors Commission Course Ethics
(3925), can be used as a supplement for this
unit.
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Unit Goal 2.1 The student will be able to
summarize the importance of ethical judgment and
behavior in the criminal justice system.
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2.1.1 The student will be able to define ethics.
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A. Definition of ethics - the discipline
dealing with what is good and bad and with moral
duty and obligation (Merriam-Websters Collegiate
Online Dictionary, 2002).
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1. Ethics is concerned with the study of moral
duty. It is important in that it develops ways
of understanding and learning of moral duty and
right or wrong.
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Ethics is the study of the rules of the game of
life. It is important to realize that ethics is
simply a field of study, because there are
different rules.
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People who believe that they have no duty other
than to themselves will act differently than
those who believe that they have a duty to assist
other in many circumstances.
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Which group is correct in their beliefs?

• Are both correct?
• Or neither?

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Ethics attempts to look at these differing
approaches to determine if one view is better
than another and then to generate discussion and
consideration of differing views regarding the
same problem.
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2. Ethics is, among other things, a set of rules
and standards that governs individual conduct.
Ethics is NOT a written code or credo, it is
about WHAT WE DO! - Michael Josephson
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2.1.2 The student will be able to discuss basic
social ethics concepts.
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A. You cant train people to be ethical. But
you can educate them to begin to think about
ethics differently.
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Ethics education can raise awareness, help
people think more imaginatively, see problems in
ways they havent before, acknowledge competing
claims, and perhaps, become more comfortable with
ethical issues
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- Barbara Lye Toffler
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B. Every aspect of human behavior is influenced
by personal values, but values are not easily
defined. Their definitions and interpretations
vary from period to period, location to location,
person to person, and situation to situation.
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2.1.3 The student will be able to list typical
misconceptions about ethics.
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A. MISCONCEPTION Ethics is not something that
good people need to worry too much about.
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B. MISCONCEPTION Idealism is incompatible with
realism.
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C. MISCONCEPTION People concerned about ethics
dismiss every pleasure and are just
holier-than-thou.
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D. MISCONCEPTION The principal focus of ethics
is moral problems, as opposed to the formation of
habits of good character.
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E. MISCONCEPTION If other officers are not
concerned, then a behavior is acceptable.
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F. Some common examples of unethical behavior
criminal behavior, lying, sexual harassment,
cultural insensitivity, and abuse of position.
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2.1.4 The student will be able to list standards
of conduct for state employees.
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A. These state standards are relevant for
county corrections officers because they
articulate some minimum legal concepts regarding
areas of concern for public service employees.
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B. As public servants, we are expected to abide
by standards of conduct established by the Texas
Legislature, the federal government, and
departmental policies.
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The public has entrusted us with a large
responsibility. It demands that we abide by the
highest ethical standards and is quick to
criticize when we fail to live up to those
standards.
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C. The Texas Legislature has enacted standards
of conduct for state employees.

• The intent was that the standards of conduct that
  are provided serve not only as a guide for
  official conduct of those persons but also as a
  basis for discipline for those who refuse to
  abide by its terms.

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D. According to GC 572.051 - Standards of
Conduct. A state officer or employee should
not
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1. Accept or solicit any gift, favor, or
service that might reasonably tend to influence
the officer or employee in the discharge of
official duties or that the officer or employee
knows or should know is being offered with the
intent to influence the officers or employees
official conduct.
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2. Accept other employment or engage in a
business or professional activity that the
officer or employee might reasonably expect would
require or induce the officer or employee to
disclose confidential information acquired by
reason of the official position.
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3. Accept other employment or compensation that
could reasonably be expected to impair the
officer or employees independence of judgment in
the performance of the officer or employees
official duties.
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4. Make personal investments that could
reasonably be expected to create a substantial
conflict between the officers or employees
private interest and the public interest.
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5. Intentionally or knowingly solicit, accept,
or agree to accept any benefit for having
exercised the officers or employees official
powers or performed the officers or employees
official duties in favor of another.
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E. The Texas Ethics Commission was created in
1992 to administer and enforce provisions
relating to, among other things, the standards of
conduct of state officers and employees. They
have subpoena power and can initiate their own
investigations.
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F. Each department should also have a specific
set of guidelines for employee behavior.
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2.1.5 The student will be able to list the
principles of public service.
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A. Public service ethics have some principles in
common.
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B. Josephson and others have identified five
principles
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1. Public Interest - Public office is a trust to
be used only to advance public interests, not
personal gain.
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2. Objective Judgment - Decisions made on the
merits, free of partiality or prejudice, and
unimpeded by personal bias.
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3. Accountability - Government is to be
conducted openly, efficiently, suitably, and
honorably so that the public can make informed
judgments and hold public officials accountable.
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4. Democracy - Honor and respect democratic
principles, and observe the letter and spirit of
laws.
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5. Respectability - Safeguard public confidence
in integrity of government by avoiding
appearances of impropriety and conduct
unbefitting a public official.
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2.1.6 The student will be able to apply ethical
decision-making tools.
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A. Pillars of character Josephson
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1. To arrive at these standards, Josephson
convened a board of some 30 acknowledged leaders
from schools, family support organizations, faith
communities, youth service groups, and so on.
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They gathered to see if an agreement could be
reached on what should be the absolute
rock-bottom tenets of ethics and character.
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2. What resulted was a set of twelve core ethical
values that transcend cultural, religious, and
socio-economic differences.

• a. Trustworthiness
• b. Integrity
• c. Promise-keeping
• d. Loyalty
• e. Respect
• f. Responsibility
• g. Accountability
• h. Pursuit of excellence
• i. Self-restraint
• j. Justice and Fairness
• k. Caring
• l. Civic Virtue and Citizenship

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B. Identifying and Making Choices
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1. The Southwestern Law Enforcement Institute
of Law Enforcement Ethics has developed a
three-step approach to ethical decision-making.
The system is designed to encourage a
consideration of alternatives.
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2. A.C.T. stands for

• a. Alternatives Identify all choices
• b. Consequences Project outcomes
• c. Tell your story Prepare defense

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3. The decision-maker moves through each of
these steps as they consider a situation.

• Although it is a simple design, the ACT system
  tends to steer people toward cost-benefit
  analyses and consideration of stakeholders to the
  exclusion of other ethical decision-making
  perspectives.

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a. Stakeholders are any person, organization or
entity that may be affected by what you do.
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C. Ethics Check Questions (The Power of Ethical
Management)
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1. Is it legal? Will actions violate any laws,
codes, or constitutional rights?
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2. Is it balanced? Is my decision fair to
everyone concerned?
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3. How will I feel about myself? Will it
withstand public scrutiny?
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D. Use of Official Powers
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1. As a government official, a county corrections
officer has official powers that they must be
careful to exercise with awareness of the
possibilities for problems.
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2. The following list of a dozen principles
developed by Josephson should be used as general
guidelines for decision-making.
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a. Dont provide favors or exercise official
influence in exchange for money or any other
thing of value.
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b. Dont accept gifts, favors or gratuitous
benefits of any kind from persons that may be
seeking to influence official actions by virtue
of the benefit.
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c. Dont accept any personal benefit other than
official pay in payment or gratitude for the
performance of public duty or the exercise of
official influence.
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d. Dont accept gifts, favors, or gratuitous
benefits of any kind, which would not be
conferred by government positions.
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e. Dont use official powers or influence to
confer financial or other undue personal benefits
on family, friends, or oneself.
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f. Dont use government facilities, services or
personnel for personal benefit or any purpose
other than the public interest.
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g. Dont use official title, badges or
identification cards, letterhead, or the prestige
of public office for personal gain.
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h. Pursue the policy decisions of elected and
appointed officials in good faith and
energetically.
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i. Actively and continuously seek to improve
systems and methods so that public service is
rendered with the utmost courtesy, efficiency,
and equity.
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j. Make official judgments on their merits, free
of real or apparent conflicts of interest.
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k. Make official judgments on their merits, free
of personal bias or prejudice.
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l. If a decision cannot be made objectively on
its merits because of a real or apparent conflict
of a bias or prejudice, reveal the impeding
factors to supervisor and, if possible, withdraw
from the matter.
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E. Unethical Behavior and Rationalizations
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1. Many times when we are confronted with
unethical behavior, we find ways to rationalize
our actions. You probably have heard some of the
following excuses used by inmates to explain away
their behavior.
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2. Josephson has identified the following
excuse-building concepts.
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a. If it is necessary, it's ethical. The end
justifies the means.
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b. The false necessity trap. We tend to
overestimate the cost of doing the right thing
and underestimate the cost of doing the wrong
thing.
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c. If it is legal and permissible, it is ethical.
Legal requirements are minimum standards of
behavior, not necessarily the most ethical.
Ethics is about doing less than what is legally
allowable and more than is minimally acceptable.
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d. I was just doing it for you. An example might
be lying to someone to "protect" him or her from
the truth.
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e. I am just fighting fire with fire. Everyone
lowers their standards in a spiral of unethical
behaviors that leads to the lowest common
denominator. Leadership is exercised by the most
unethical.
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f. It does not really hurt anyone. Even if there
are no immediate consequences seen, the long-term
consequences to someone involved may be negative.
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g. Everyone else is doing it. My mother always
asked the question, "If everyone else jumped off
the cliff, would you?"
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h. It is acceptable if I do not gain from it
personally. Justification of ones own conduct
for the agency or others, implying that financial
gain is the only criteria involved.
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i. I deserve it. Officers that are overworked or
underpaid rationalize that they should get a few
perks.
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j. I can still be objective. This is difficult
minor favors can affect judgment when it comes
time to make a decision that is affected by
friendship and gratitude for previous kindnesses.
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3. Instructor should lead a group discussion
using the following scenario.
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A Correctional Officers Dilemma Stick to the
Rules or Get Involved?
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Officer Rogers worked in the visitation
department of a correctional facility. As a
corrections officer, he was responsible for
security in the large, open meeting area, and
naturally kept track of each inmates visitors.
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For several months, a young college woman named
Natasha had been visiting an inmate named Dennis.
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Dennis had answered Natashas plea for
companionship in the Personals section of the
local newspaper. Dennis offered Natasha not only
love, but also glorification of her white
knight role in his life.
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As the weeks went by, Natasha successfully
convinced herself that only a warm-hearted,
well-educated person like herself could provide
both the love and the guidance that Dennis needed
to put him on the right path in life.
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Natasha obviously took her new responsibilities
very seriously. She began to visit more and more
frequently, and her visits lasted longer and
longer. As Officer Rogers looked on, the romance
between Dennis and Natasha rapidly gathered
momentum.
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Officer Rogers agreed that this inmate could use
a white knight in his life. But Dennis
certainly could not be said to lack for
companionship within the prison walls.
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In fact, Dennis prided himself on a long list
of amorous adventures since landing in this
facility. Many of these exploits would have to
be defined, by any standard, as high-risk sexual
behavior.
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While individual health issues were kept strictly
confidential, it was common knowledge that this
facility had increasing numbers of HIV-positive
inmates.
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However, the impact of Dennis sexual behavior,
both to himself and to future partners, was
clearly of no concern to Dennis. He bragged
openly about his conquest of Natasha,
impressing other inmates with his finesse and
savoir-faire, while blatantly continuing his
dangerous sexual activity, unbeknownst to her.
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Officer Rogers was understandably alarmed by the
developing relationship between Natasha and
Dennis.
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He knew little about Natasha, but he knew a
chump when he saw one. Natasha was young,
impressionable, and needy. She was lonely enough
to run an ad in a newspaper to find a friend, and
limited enough in experience to be thoroughly
swept away by Dennis words and actions within
the confines of the visiting room.
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When Natasha blushingly announced her plans to
marry Dennis upon his release from prison in two
months, Officer Rogers was deeply disturbed.
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All indications were that Dennis planned to
secure this windfall by marrying Natasha and
gaining whatever he could from his good fortune
and slick manipulation, while not addressing the
health risks he presented to his future wife.
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Natasha, on the other hand, seemed naïve enough
to trust Dennis unconditionally, without checking
any other source as to his established patterns,
his background, or even his medical status.
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Officer Rogers knew the code of confidentiality
that protected inmates privacy. He was
duty-bound to keep silent about the danger he
suspected that Natasha was facing.
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What would you do? Is this an ethical
decision? If it is, what are the immediate
issues you must deal with? What theory would
best serve you in making this decision and why?
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Five Principles of Public Service Ethics
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1. Public Interest

• Public office is a trust to be used only to
  advance public interests, not personal gain.

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2. Objective Judgment

• Decisions should be made on their merits, free of
  partiality or prejudice, and unimpeded.

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3. Accountability

• Government is to be conducted openly,
  efficiently, equitably, and honorably so the
  public can make informed judgments and hold
  public officials accountable.

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4 Democracy

• Honor and respect democratic principles. Observe
  both the letter and the spirit of laws.

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5. Respectability

• Safeguard public confidence in the integrity of
  government by avoiding the appearance of
  impropriety and conduct unbefitting a public
  official.

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When you take something from someone who wants
something from you, you are playing with dynamite!
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Use of Official Powers
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1. Dont provide favors or exercise official
influence in exchange for money or any other
thing of value.
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2. Dont accept gifts, favors, or gratuitous
benefits of any kind from persons that may be
seeking to influence official actions by virtue
of them.
115
3. Dont accept any personal benefit other than
official pay in payment or gratitude for the
performance of public duty or for the exercise of
official influence.
116
4. Dont accept gifts, favors, or gratuitous
benefits of any kind that would not be conferred
by the government position.
117
5. Dont use official powers or influence to
confer financial or other undue personal benefits
on family, friends, or oneself.
118
6. Dont use government facilities, services, or
personnel for personal benefit or any purpose
other than the public interest.
119
7. Dont use official title, badges or
identification cards, letterhead, or the prestige
of public office for personal gain.
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Pursue Public Interest
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8. Pursue the policy decisions of elected and
appointed officials in good faith and
energetically.
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9. Actively and continuously seek to improve
systems and procedures so that public service is
rendered with the utmost courtesy, efficiency,
and equity.
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Objective Judgment
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10. Make official judgments on their merits, free
of real or apparent conflicts of interest.
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11. Make official judgments on their merits, free
of personal bias or prejudice.
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12. If a decision cannot be made objectively on
its merits because of a real or apparent conflict
of a bias or prejudice, reveal the impeding
factors to supervisor and, if possible, withdraw
from the matter.
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Codes of Ethics
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All professions create, profess, and follow codes
of ethics. Two that have been developed for
corrections officers are the Corrections
Officers Code of Ethics and the Corrections
Officer's Creed And Code Of Conduct.
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CORRECTIONS OFFICERS CODE OF ETHICS
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As a Corrections Officer, my fundamental duty is
to serve my community to safeguard the lives and
community within my jurisdiction to protect
against deception, oppression, or intimidation
to prevent violence or disorder and to respect
and preserve the constitutional rights of all.
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I will keep my private life unsullied as an
example to all maintain courageous calm in the
face of danger, scorn, or ridicule develop
self-restraint and be constantly mindful of the
welfare of others. Honest in thought and deed in
both my personal and official life, I will be
exemplary in obeying the laws of the land and the
regulations of my office. Whatever I see or hear
of a confidential nature or that is confided to
me in my official capacity will be kept ever
secret unless revelation is necessary in the
performance of my duty.
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I will never act officiously nor permit personal
feelings, prejudices, animosities, or friendships
to influence my decisions. With no compromise
for crime and with relentless dedication to duty,
I will regulate those in my charge appropriately
and with dignity, without fear, favor, malice, or
ill will never employing unnecessary force or
violence and never accepting a gratuity.
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I recognize the badge of my office as a symbol of
public faith, and I accept it as a public trust
to be held so long as I am true to the ethics of
my calling. I will constantly strive to achieve
these ideals, dedicating myself before God to my
chosen profession.
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OUR CREED
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"Dignity, Honor, Personal Integrity
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And at all times fair dealings."
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An analysis of The Corrections Officers Code of
Ethics reveals the following principles
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Fundamental duty
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Safeguard lives and community
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Constitutional rights
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An example to all
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Courageous calm
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Self-restraint
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Honest in thought and deed
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Confidential
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Personal feelings
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Without fear, favor, malice or ill will and
with dignity
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No unnecessary force
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No gratuities
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Some of the key provisions of code ethics are
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Diligent preparation
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Special knowledge
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Exemplary conduct
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Impartiality
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Discretion
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Service obligations
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CORRECTIONS OFFICER'S CREED AND CODE OF CONDUCT
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As a professional Corrections Officer I believe
that my public service is a high and honorable
calling. I believe that this service is worthy
of the best that I can become, as an officer and
as a person. I believe that I can worthily
follow this calling and I will sincerely seek
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To hold freedom among the highest values, though
I deny it to those in my charge...to deny it with
dignity, so that in my example they find no
reason to lose their dignity...to speak
sparingly...to act, not argue...to be in
authority through personal presence...to speak
with the calm voice of certainty...
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To see, but to know what is significant and what
not to notice...to be neither insensitive to
distress nor so distracted by pity as to miss
what must elsewhere be seen...to do neither that
which is unkind nor self-indulgent in its
misplaced charity...never to obey the impulse to
tongue-lash...to correct without nagging...to be
both firm and fair...to know that I cannot be
fair simply by being firm, nor firm simply by
being fair...
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To support the reputations of associates and
confront them without anger, should they stand
short of professional conduct...to reach for
knowledge of the continuing mysteries of human
motivation...to think always to think...to be
dependable...to be dependable first to my charges
and associates, and thereafter to my duty as a
public official and as a citizen...to keep
fit...to keep forever alert...to be prompt...to
listen to what is meant as well as what is said,
with words and with silence...
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To expect respect from my charges and my
superiors, yet never to abuse the one for abuses
from the other...for each full working day to be
an example of the person I could be at all
times...to acquiesce in no dishonest act...to
cultivate patience under boredom, and calm during
confusion...
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To be honest with all who practice deceit, that
they not find in my behavior any excuse for
themselves...to privately face down my fear, that
I not signal it...to privately cool any anger,
that I not displace it onto others...to hold in
confidence what I see and hear which by the
telling could harm or humiliate to no good
purpose...to keep my outside problems
outside...to leave inside that which should stay
inside...to do my duty.
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Adapted from Bob Barrington
165
From a historical perspective (and for as long as
people have been living together), the moral
regulation of behavior has been necessary to the
groups well being. Ethics are principles of
right or good conduct or a body of such
principles.
166
Ethics is a code of values, which guides our
choices and actions and determines the purpose
and course of our lives.
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Michael Josephson derived from Ayn Rand
168
Ethics are principles or standards of human
conduct, sometimes called morals. Morals were
developed, sometimes irrationally, after
religious taboos were violated out of chance
behavior that became habit or custom, or from
laws imposed by chiefs to prevent disharmony in
their tribes. Morals were formalized and made
into standards of conduct.
169
Ethics are among other things, a set of rules and
standards, which govern individual conduct.
Every aspect of human behavior is influenced by
personal values, but values are not easily
defined or achieved. Their definitions and
interpretations vary from period to period,
location to location, and situation to situation.
Some human values have remained intact through
centuries (i.e., courage) while others have
declined (value of life).
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Is it possible to teach ethics to someone else?
By the time someone reaches adulthood, are not
his or her belief systems fairly well formed? In
short, how can someone be taught the parameters
of acceptable behavior in the Criminal Justice
system if they have not already learned and lived
them? General C. C. Krulak, Commandant of the
U.S. Marine Corps answers that question in the
following fashion
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We are not born with character. It is developed
by the experiences and decisions that guide our
lives. Each individual creates, develops and
nurtures his or her own character. Being a man
or woman of character is not an easy task. It
requires tough decisions, many of which put you
at odds with the more commonly accepted social
mores of the times.
172
Marines are called upon to make ethical,
life-and-death choices in the execution of their
responsibilities. It is the nature of our duty.
That is not the case for someone in the business
sector, and arguments that advocate like
standards are baseless. We cannot anticipate and
train Marines for each situation they may face
therefore, all Marines must possess a moral
consistency to serve as a compass guiding them in
their integrity, honor, courage and commitment.
173
Making the right ethical choices must become a
habit. Decisions cannot be situational, based on
others actions or dependent upon whom is
watching. We establish standards by which we
expect Marines to live. When those standards are
compromised, it is imperative we have the tools
necessary to hold those accountable who are found
lacking.

• USA Today August 11, 1998