Ethics in Policing

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Ethics in Policing
Mike Steeves La Junta Police Department La Junta,
CO 81050
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• Modified from the original
• Mike Steeves presentation
• by
• Miner Blackford

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Objectives
1. The student will be able to identify the
expectations of a peace officer as it relates to
the following groups a. Community b. Victim,
witnesses, suspect c. Department d. Governmental
agencies e. Fellow officers
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Objectives
2. The student will be able to describe the
importance of ethical conduct. 3. The student
will be able to paraphrase the Law Enforcement
Code of Ethics and describe how it pertains to
their profession and their personal life.
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Objectives

• The student will be able to identify the
  traits that officers should exemplify and
  explain the benefits of professional and ethical
  behavior to the officer, department and
  community.
• The student will be able to describe the
  consequences of unethical/unprofessional
  conduct to the peace officer, department and
  community, and explain why an officer should
  respond to a co-worker's unprofessional conduct.

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Objectives

• 6. The student will be able to define culture and
  cultural diversity.
• The student will be able to identify personal,
  professional and organizational benefits of
  valuing diversity within the community
  and law enforcement.

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Objectives
8. The student will be able to define a. Stere
otype b. Prejudice c. Discrimination
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Law Enforcement Code of Ethics

• As a Law Enforcement Officer, my fundamental
  duty is to serve mankind to safeguard lives and
  property to protect the innocent against
  deception, the weak against oppression or
  intimidation, and the peaceful against violence
  or disorder and to respect the Constitutional
  rights of all persons to liberty, equality and
  justice.

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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 department. 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 or permit personal
feelings, prejudices, animosities or friendships
to influence my decisions. With no compromise for
crime and with relentless prosecution of
criminal, I will enforce the law courteously and
appropriately without fear or favor, malice or
ill will, never employing unnecessary force or
violence and never accepting gratuities.
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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
the police service. I will constantly strive to
achieve these objectives and ideals, dedicating
myself before God to my chosen profession...law
enforcement.
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CANONS OF POLICE ETHICS

• Article 1. Primary Responsibility of Job
• The primary responsibility of the police
  service, and of the individual officer, is the
  protection of the people of the United States
  through the upholding of their laws chief among
  these is the Constitution of the United States
  and its amendments. The law enforcement officer
  always represents the whole of the community and
  its legally expressed will and is never the arm
  of any political party or clique.

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CANONS OF POLICE ETHICS

• Article 2. Limitations of Authority
• The first duty of a law enforcement officer,
  as upholder of the law, is to know its bounds
  upon him in enforcing it. Because he represents
  the legal will of the community, be it local,
  state or federal, he must be aware of the
  limitations and proscriptions which the people,
  through law have placed upon him. He must
  recognize the genius of the American system of
  government which gives to no man, groups of men,
  or institution, absolute power, and he must
  insure that he, as a prime defender of that
  system, does not pervert its character.

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CANONS OF POLICE ETHICS

• Article 3. Duty to Be Familiar with the Law and
  with Responsibilities of Self and Other Public
  Officials
• The law enforcement officer shall assiduously
  apply himself to the study of the principles of
  the laws which he is sworn to uphold. He win make
  certain of his responsibilities in the
  particulars of their enforcement, seeking aid
  from his superiors in matters of technicality or
  principle when these are not clear to him he
  will make special effort to fully understand his
  relationship to other public officials, including
  other law enforcement agencies, particularly on
  matters of jurisdiction, both geographically and
  substantively.

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CANONS OF POLICE ETHICS

• Article 4. Utilization of Proper Means to Gain
  Proper Ends
• The law enforcement officer shall be mindful
  of his responsibility to pay strict heed to the
  selection of means in discharging, the duties of
  his office. Violations of law or disregard for
  public safety and property on the part of an
  officer are intrinsically wrong they are
  self-defeating in that they instill in the public
  mind a like disposition. The employment of
  illegal means, no matter how worthy the end, is
  certain to encourage disrespect for the law and
  its officers. If the law is to be honored, it
  must first be honored by those who enforce it.

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CANONS OF POLICE ETHICS

• Article 5. Cooperation with Public Officials in
  the Discharge of Their Authorized Duties
• The law enforcement officer shall cooperate
  fully with other public officials in the
  discharge of authorized duties, regardless of
  party affiliation or personal prejudice. He shall
  be meticulous, however, in assuring himself of
  the propriety, under the law, of such actions and
  shall guard against the use of his office or
  person, whether knowingly or unknowingly, in any
  improper or illegal action. In any situation open
  to question, he shall seek authority from his
  superior officer, giving him a full report of the
  proposed service or action.

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CANONS OF POLICE ETHICS

• Article 6. Private Conduct
• The law enforcement officer shall be mindful of
  his special identification by the public as an
  upholder of the law. Laxity of conduct or manner
  in private life, expressing either disrespect for
  the law or seeking to gain special privilege,
  cannot but reflect upon the police officer and
  the police service. The community and the service
  require that the law enforcement officer lead the
  life of a decent and honorable man. Following the
  career of a policeman gives no man special
  perquisites. It does give the satisfaction and
  pride of following and furthering an unbroken
  tradition of safeguarding the American republic.
  The officer who reflects upon this tradition will
  not degrade it. Rather, he will so conduct his
  private life that the public will regard him as
  an example of stability, fidelity, and morality.

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CANONS OF POLICE ETHICS

• Article 7. Conduct toward the Public
• The law enforcement officer, mindful of his
  responsibility to the whole community, shall deal
  with individuals of the community in a manner
  calculated to instill respect for its laws and
  its police service. The law enforcement officer
  shall conduct his official life in a manner such
  as will inspire confidence and trust. Thus, he
  will be neither overbearing nor subservient, as
  no individual citizen has an obligation to stand
  in awe of him nor a right to command him. The
  officer will give service where he can, and
  require compliance with the law. He will do
  neither from personal preference or prejudice but
  rather as a duly appointed officer of the law
  discharging his sworn obligation.

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CANONS OF POLICE ETHICS

• Article 8. Conduct in Arresting and Dealing with
  Law Violators
• The law enforcement officer shall use his
  powers of arrest strictly in accordance with the
  law and with due regard to the rights of the
  citizen concerned. His office gives him no right
  to prosecute the violator nor to mete out
  punishment for the offense. He shall, at all
  times, have a clear appreciation of his
  responsibilities and limitations regarding
  detention of the violator he shall conduct
  himself in such a manner as will minimize the
  possibility of having to use force. To this end
  he shall cultivate a dedication to the service of
  the people and the equitable upholding of their
  laws whether in the handling of law violators or
  in dealing with the law-abiding.

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CANONS OF POLICE ETHICS

• Article 9. Gifts and Favors
• The law enforcement officer, representing
  government, bears the heavy responsibility of
  maintaining, in his own conduct, the honor and
  integrity of all government institutions. He
  shall, therefore, guard against placing himself
  in a position in which any person can expect
  special consideration or in which the public can
  reasonably assume that special consideration is
  being given. Thus, he should be firm in refusing
  gifts, favors, or gratuities, large or small,
  which can, in the public mind, be interpreted as
  capable of influencing his judgment in the
  discharge of his duties.

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CANONS OF POLICE ETHICS

• Article 10. Presentation of Evidence
• The law enforcement officer shall be
  concerned equally in the prosecution of the
  wrong-doer and the defense of the innocent. He
  shall ascertain what constitutes evidence and
  shall present such evidence impartially and
  without malice. In so doing, he will ignore
  social, political, and all other distinctions
  among the persons involved, strengthening the
  tradition of the reliability and integrity of an
  officer's word. The law enforcement officer shall
  take special pains to increase his perception and
  skill of observation, mindful that in many
  situations his is the sole impartial testimony to
  the facts of a case.

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CANONS OF POLICE ETHICS

• Article 11. Attitude toward Profession
• The law enforcement officer shall regard the
  discharge of his duties as a public trust and
  recognize his responsibility as a public servant.
  By diligent study and sincere attention to
  self-improvement he shall strive to make the best
  possible application of science to the solution
  of crime and, in the field of human
  relationships, strive for effective leadership
  and public influence in matters affecting public
  safety. He shall appreciate the importance and
  responsibility of his office, and hold police
  work to be an honorable profession rendering
  valuable service to his community and his
  country.

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Excellence of Character
It is a matter of real importance whether our
early education confirms in us one set of habits
or another. It would be nearer the truth to say
that it makes a very great difference indeed, in
fact all the difference in the world. -
Aristotle
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Can an immoral or unethical person have a serious
ethical question?
A question about what is rightand what is wrong?
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Unethical people dont worry about right or
wrong. They just do it.
What they worry about is getting caught.
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First and Second Nature
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None of us are born with a formed character
As an infant, you seek immediate gratification
You are indifferent to how this affects others
You have no real concept of self
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This is what is considered your First Nature as a
human being. Self before others. Childish,
immature, and yet very basic to survival
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While babies have neither good character nor bad
character, as they grow, develop, learn, are
trained they develop better or worse
dispositions and habits of conduct
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It is this development of character which allows
us to set aside our First Nature and do heroic
deeds which require great self-sacrifice
Or just put others feelings and needs ahead of
our own
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This is called your Second Nature
Its a learned process not something you are born
with
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If you are a normal human being and not
incapacitated by some abnormal defect, then
whether you acquire good or bad character depends
on the upbringing we get
- J.O. Urmson
Yes? Or No?
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But how about environment? Doesnt that affect
how a child develops?
Generally, children who are exposed primarily to
bad habits seldom acquire good character
They tend to be self-indulgent, lack regard for
othersand in some cases, can be downright
dangerous
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Its difficult to bring about respect for moral
ideas in adults who have not learned
self-discipline as children
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Adult programs that focus on ethical issues are
not going to work unless you the student takes
the questions of decency seriously
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On the other hand Whose sense of morality are
we talking about?
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Compare developing habits with training for a
skillas in sports, or in learning basic shooting
skills at the range
Is there much difference?
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Is it easy to train someone who has been shooting
for awhile? Or someone who never has, and has no
bad habits?
Moral education, training, and forming of habits,
of character traits have the best chance of
taking when begun early in childhood That is
why it is so important that adults consistently
model positive and ethical behavior
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Institutions which also help in this development
Family
Church
School
Community
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all of which are experiencing dramatic change in
our society
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Yet an apparently wholesome upbringing does not
inevitably lead to character excellence
Ask the people in Jonesboro, Arkansas what they
think of that
..but did those kids have a wholesome
upbringing?
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Some thoughts
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If a man be allowed to follow his own will in his
youth, without opposition, a certain lawlessness
will cling to him throughout his life -
Immanuel Kant
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When the young are not required to learn anything
but that which has been made easy and
interesting, one of the chief objects of
education is sacrificed. - Stuart Mill
because learning in youth to control our
impulses is often disagreeable, but character
education cannot otherwise succeed.
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So can character be reformed, later in life?
Its a matter of breaking habits. People quit
drinking, go on diets, quit smoking, quit using
drugs
But first they must learn self-control.
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How about this
A persons character is his set of dispositions
to behave systematically in one way rather than
another, to lead one particular kind of
life. - Alasdair MacIntyre
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You learnyou develop a sense of right and wrong,
in many ways
- The telling of stories
The explanation of decent behavior
- Your observation of heroes and heroines
Exposure to the fundamental meaning of positive
ideals

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Character and Police
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We look at four personality types, four
character types, in police officersand in
everyone else as well
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• Bad Character
• The Uncontrolled
• The Self-Controlled
• The Excellent

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Bad Character
Basically, one who will seek to profit by
victimizing others.
Others exist only to be used for advantage.
This type of police officer feels no shame in
abusing his authority
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The Uncontrolled
Weak-willed, gives in to impulse
Very susceptible to peer pressure
These guys have a price. Usually a lot cheaper
than yours or mine.
They are not trustworthy
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Self-Controlled
This guy will report a crime, will safeguard
remaining property without stealing it...
But deep down inside, there is a resentment, the
knowledge that the bad guys got away with the
goods, that crime does pay, sometimesand here I
am at ten bucks an hour
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There is a tension between duty and desire. I
coulda took that hundred bucks off the table and
nobody woulda knew itDAMN!
These guys will work out, but the organization
needs to continually support and reinforce good
behavior
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The Excellent of Character
These guys have acquired habits of
trustworthiness that are integral to their lives
second nature.
They love and respect honesty
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They behave in the same way as the
self-controlled person, but enjoy peace-of-mind
in knowing who they are and what they stand for.
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More on character
Your fitness to wear the uniform, to carry the
badge, depends on your habits of just behavior
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Officers who respect justice will not
Abuse the powers of their office Exceed their
authority in the exercise of discretion Falsify
reports Give perjured testimony
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• Just because you can
• doesnt mean
• you should

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• Badge Heavy
• or
• pompous jerk
• or
• Both?

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• The Slippery Slope
• - It begins with the free cup of coffee
  and festers until you cant make a move without
  having to mentally ask yourself whether or not
  you will get caught because you are beyond
  instinctively knowing right from wrong.

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• Corrupt police officers
• Meat-Eaters aggressively use their police
  powers for personal gain.
• Grass-Eaters simply accept whatever pay-offs
  come their way

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None of these considerations is more important
than in the use of force
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How about an officer who will use reasoned
persuasion, the Art of the Silver Tongue, to
defuse a situation - if possible?
As opposed to one who will resort to force
immediately?
Which tends to be a better choice?
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The use of force is never as satisfying or as
fulfilling in conflict resolution as is achieving
it through reason and persuasion.
A person in whom a sense of justice has become
second nature reflects this in her behavior.
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How about temperance - moderation - and character?
Intemperate people - undisciplined people - seek
pleasure without restraint.
That could be through sex, drugs, rock and
rolluhbooze, foodanything like that.
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Exercising temperance doesnt mean you are a
stick in the mud, a drudge -
It means that you tend to choose pleasures and
relaxations that contribute to your well-being -
personally and professionally.
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Is not self-control a vital part of courage?
How about the officer who will not abandon their
partner, or who will not abandon a citizenthough
common sense would have anyone else fleeing in
fear?
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How about moral courage rather than physical
courage?
Refusing to participate in corruption often
requires greater courage than facing a thug with
a gun.
Yes? No?
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How do you deal with your fellow officers when
they are the ones that are corrupt, and you are
not?
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How about those cops who will view you as a
doity rat bahstidwhen to them, a great cop is
one who shares the take with them and doesnt rat
them off?
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Rememberif a colleague is worthy of being called
friendhe or she is not going to put you in a
compromising situation
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There are two kinds of wholeness related to
excellence of character - Perception - Integrity

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Perception
must be balanced
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This has to do with how you make judgmentshow
you decide to use your authority
Judgment and a sense of proportionwhat is right
and justare what we call wisdom in everyday life.
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Integrity is the second type of wholeness of
character and of spirit
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Integrity by definition means wholeness - it is
how you apply your sense of justice and honesty
to your entire lifestyle
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A person of integrity is the same person in
private life or in public life. This business of
separating the two is absolute foolishness.
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Rule 7 Honesty and integrity is not like a
coat you can leave hanging on the back of your
office door when you leave your job.
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Honesty and integrity are a second skin that you
operate with day and night. True honesty is
what you do when there is no possible way anyone
will ever find out what you did. What you
automatically do when no one is looking and you
never look back.
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You cant turn off integrity when you take off
your coat and tie
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You either have it, or you dont.
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Habits that you form in your home and among your
working associates are reflected in your
relations with the public. - Don Kooken, ISP
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What is morally importantwhat is morally
problematicand whats the difference?
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The mission of policing in a free society can
only be entrusted to those who understand what is
morally important. To those who respect
integrity.
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Without those qualities in police officers, there
is no set of laws which will prevent the police
from becoming brutesjack-booted thugs.
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So the question you ask yourselfis where do you
stand on these issues?
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The Mission of Police
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The accumulation of all powers legislative,
executive and judiciary, in the same hands,
whether of one, a few, or many, and whether
hereditary, self-appointed, or elective, may
justly be pronounced the very definition of
tyranny. - James Madison
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The United States is a constitutional republic.
The government was designed - and laid out in the
Constitution - so that no person or group could
rise to absolute power.
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The purpose of our government is to maintain
order and protect liberty
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The powers of the government are split among the
three branches
93
There is a system of checks and balances in this
governmental design, the purpose of which is to
prevent any person or agency from acting without
restraint.
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The government must maintain order - if it
cannot, then the people are victimized by
factions within the population - thugs,
gangsoutlaws.
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Yet if the government goes too far in maintaining
order, then personal liberties suffer greatly
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Our ordered liberty is therefore based on Rule
of Law, applied to the governors and the governed
alike
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Rule of Law The supremacy of regular and
universal application of the law drawn from
decisions made with foremost consideration of the
rights of private individuals verses arbitrary
and inconsistent application of laws created with
bias and malice.
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Rule of Law also requires keeping the peace.
The question then becomes whether or not policing
in America can promote security and serve liberty
forjustice
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James Madison also said Justice is the end of
government. It is the end of civil society. It
has ever been and ever will be pursued until it
be obtained, or until liberty be lost in the
pursuit.
Justice, then, is the goal of government, at
least in theory
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Alexander Hamilton Government must have a
proper degree of authority to make and execute
the laws with vigor, for too little leads to
anarchyand too much leads to tyranny.
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So there is a tension between order and liberty,
between freedom and government interference,
wherever you have men and women who are concerned
about justice.
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Justice requires restraint, on the part of the
government, and on the part of the citizens.
This restraint is the purpose of laws.
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Disorder and Injustice
From the citizens...
Inner city neighborhoods where drug dealers and
gangs run violently roughshod over anyone who
gets in their way
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Youth violence
Family violence
Riots, looting, bombings
And attitudes which find these things
acceptableor tolerable
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So whats the alternative?
106
If you go too far the other way, you invite
tyranny.
Some would say that the worst the citizens can do
is nothing as compared to the injustices
government is capable of.
107
I think I could agree with that.
What about you? What do you think?
108
Discretion
A public officials power to act in certain
circumstances according to personal judgment and
conscience in the discharge of their duties.
109
All right, then. So just what is the police
mission?
110
According to Sir Robert Peel, the police mission
is
The basic mission for which the police exist is
to prevent crime and disorder. The ability of
the police to perform their duties is dependent
upon public approval of police actions.
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• Police must secure the willing co-operation of
  the public in voluntary observance of the law to
  be able to secure and maintain the respect of the
  public.
• The degree of co-operation of the public that can
  be secured diminishes proportionately to the
  necessity of the use of physical force.

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• Police seek and preserve public favour not by
  catering to public opinion but by constantly
  demonstrating absolute impartial service to the
  law.
• Police use physical force to the extent necessary
  to secure observance of the law or to restore
  order only when the exercise of persuasion,
  advice and warning is found to be insufficient.

113

• Police, at all times, should maintain a
  relationship with the public that gives reality
  to the historic tradition that the police are the
  public and the public are the police the police
  being only members of the public who are paid to
  give full-time attention to duties which are
  incumbent on every citizen in the interests of
  community welfare and existence.

114

• Police should always direct their action strictly
  towards their functions and never appear to usurp
  the powers of the judiciary.
• The test of police efficiency is the absence of
  crime and disorder, not the visible evidence of
  police action in dealing with it.

115

• Sir Robert Peels most memorable principle was,
• "the police are the public, and the public are
  the police.
• If you can remember that you will never be in
  fear of operating out of bounds.

116
Maintaining order means different things to
different people.
Some focus on crime prevention, while others
emphasize peacekeeping and a straightforward
maintenance of order.
117
I tend to think of myself as a peace officer,
first and foremostand thats how we are referred
to in Colorado law.
118
But that tends to be a bit too simple...
even if we understand what keeping the peace
really means.
119
Our mission might be to keep order, but doing so
is an extremely complex task.
You need to be able to think, and evaluate, and
communicate.
You need to be able to adapt your skills to any
given situation.
120
You must maintain a high level of confidence
with..and inthe public.
What happens when your attempts to communicate,
to reason, fail?
121
Remember, for you to be able to reason with a
person, that person must be predisposed to listen.
122
Even in highly intellectual discussions, emotions
can run so high as to make communication
impossible.
Abortion, gun control, drug laws, politics,
juvenile issuesare some examples of intellectual
discussions where things can get quickly out of
hand.
123
In police work, self-defense and protection of
the innocent sometimes requires the application
of immediate and sufficient force.
124
At what point do you transition from peacekeeper
to law enforcer?
Public trust really depends on two thingsat
least for purposes of our discussion here
125
Effective communication is probably the most
important
And a host of other actions and police
behaviorsincluding
The use of force.
126
Ineffectiveness in protecting the public will
erode the public confidence at least as quickly
as corruption and brutality
127
Police civility... Freedom from
prejudice Realistic patience All are part of
what we must be...
128
But we also, from time to time, and based on
circumstances, must use force.
Those who fear police use of force above all else
have missed an essential point
129
We allow police to use force because we (society)
prefer that a disinterested party have this
authority
130
The use of reasoned force by an authorized
official for legitimate purposes - even extreme
force deadly physical force - is neither brutal
use of force nor police brutality
131
There are times when continued attempts or even
an initial attemptto communicate, can
jeopardize your safety and the safety of innocent
citizens and police officers.
132
You exercise some discretion in your duties. We
talk about this more a bit later.
The Presidents Commission on Law Enforcement and
the Administration of Justice, in 1967, observed
133
the police do not have the resources to enforce
all criminal provisions equally
134
Youre going to learn, if you havent already,
that you cannot enforce every law to the letter
and still enjoy public support.
135
People who generally obey the laws resent
excessive strictness.
136
But honorable, competent behavior on your part is
no guarantee of public confidence.
Most people get their image of cops from
television. Is that realistic?
137
And other people will never be convinced that all
public officials are not corrupt, cowardly,
ambitious, and/or interested only in political
survival.
138
So while you should be guided by public opinion,
you cant be preoccupied with it.
Public opinion can be so far out in left field as
to be nigh on worthless.
Look at the audiences in Rikki Lake.
139
Sound difficult? Full of conflict?
Take a look at page 30, at what Lennie Harrison
has to say about police work.
140
A public office is a public trust.
Policing is a public office.
141
Lets go off on a tangent...
And look at the tale of The Ring of Gyges.
142
In Platos Republic, Socrates and his homie,
Glaucon, are talking about character, trust, and
human nature.
Glaucon is a cynical old fart who trusts not his
fellow man.
Socrates tends to see the brighter side.
143
The Story...
144
Back to trust...
Public trust calls for good intentions and
very best exertions...
You have to work in good faith, and do the best
you can.
Take a look at page 34
145
Trust is serious business...
When you trust someone, you expose your feelings,
you interests, your well-being.
You become very vulnerable.
146
Betrayal causes...
Deep resentment
Anger
Some real emotional pain, if the betrayal is in a
personal relationship
147
When you trust someone, you believe that they
will not forsake or abandon you. You believe that
they will be there for you.
148
You dont believe that a trusted person will take
advantage of you or will sacrifice you for some
personal advantage.
149
You feel that people you trust will treat your
interests as your own.
150
and when they dont, there are few
disappointments that will cut deeper, or hurt
more, than that misplaced trust.
151
In our daily lives, we find that we frequently
have to trust strangers.
You dont necessarily have to trust strangers any
further than you have to, but you cant live in
society if you trust no one at all.
152
Speaking of whichnow that youve had a few days
to get to know each other, how do you feel about
running around out on the rangewith all these
other peopleall of them with loaded guns?
153
The Public Trust
154
If you are going to live in a society, you must
trust strangers.
The most common strangers you have to trust, at
least to some degreeare your government
officials.
155
But at least you vote for your government
representatives you listen to them speak on the
issues you may even meet them personally and ask
them questions
156
Every public official must seek to deserve the
public trustthough he may not actually possess
that trust.
Whats that mean?
157
If some of the people feeland actually
areliving in poverty, disenfranchised, ignorant,
subjected to brutality and harassment...
158
is it no wonder that they dont trust the
governmentthe cops?
A little tangent here...
Have you ever heard of the offenses of DWB or DWH?
159
As a police officer, you may not be able to
deliver the benefits of a justand therefor
trustworthy society or government.
What you can do is offer service and respect.
160
Competence
161
If you do not understand the people with whom you
deal, you cannot possibly deal competently with
their problems and conflicts.
162
Your communications skills are one of your
greatest resources in dealing with people.
If you cannot communicate effectively, it really
doesnt matter how good you are on the range, or
on the mat in arrest/control, or on the track.
163
Your ability to communicate effectively is
directly tied to how competently you are able to
do your job as a police officer.
164
Trustworthiness
165
Much police literature stresses common sense as
the basis for competency as a police officer.
More to the point is the good sense in allowing
others to keep their self-respect rather than
humiliate them needlessly.
166
Decency is a habitit is second nature.
A decent person does not abuse her authority by
ridiculing others or by taking advantage of them
for personal gain.
167
How would you feel if someone offered you a bribe?
You should find it pretty damned well insulting.
It should make you angry.
168
You should reject it out of hand You son of a
bitch!.
Is not, in my opinion, too strong a reaction.
169
Once you have sold yourself, you are tainted for
life. You can never recover. You can take up
discussing ethics with the hookers on East Colfax.
170
Socrates There is a shortcut to building a
reputation - make yourself the kind of man you
want people to think you are.
171
Discretion
172
Discretion is the authority to make decisions of
policy and practice.
173
In policing, this means that you have the
authority to decide which laws are going to be
enforced, when, where, and how.
174
Here is how Howard Mellon, Mifflen Township PD,
views of discretion
175
Discretion is the most important thing an officer
on the street has. The ability to decide, after
looking someone in the eye, what is an
appropriate response, is the most underutilized
and undertrained skill an officer can have.
Sure, you make mistakes, we all do. But
operating as a robot is not really what we should
be doing out there.
176
I try to use each traffic stop as a public
relations opportunity, and an opportunity to show
that we are both firm and fair in our jobs.
Citations are issued where necessary and
appropriate. BUT, in dealing with very minor
issues, the ability to discuss the issue with
someone and advise them what they need to do
without a citation having to be issued can have
tremendous public relations advantages.
177
Discretion is a special form of liberty - the
freedom to make decisions that affect the lives
of others, which other citizens are not empowered
to make.
178
Police are granted discretion because no set of
laws or regulations can prescribe what to do in
every possible circumstance.
179
The problem with discretion is in how it is
applied. For example
180
Do you let some DUIs go? Offer them rides home?
If so, how do you decide which ones? City
Councilmen? Significant businessmen? Friends of
the chief? Do you give other people the same
breaks? If notwhy not?
181
If you do not, what does this do to the
communitys sense of your trustworthiness? compete
nce? And of course, their sense of confidence in
you?
182
The history of policing in America includes a
disregard for the limits of discretion, civil
rights violations, brutality, and arrogance.
183
The issues of discretion, and controlling it, are
crucial to modern policing.
184
In the 1984 Standards Manual for Law Enforcement
Agency Accreditation we find
Written policy should set forth the enforcement
policy of the agency, define the limits of
individual discretion, and provide guidelines for
the exercise of that discretion.
185
There are many factions out there that would
eliminate discretion entirely. These people
believe that police accountability to the public
can best be served by eliminating individual
officer discretion.
186
However, there is this from Philadelphia and Its
Police Toward a New Future -
The police are agents of the community and
therefore accountable to itimplicit in this
relationship is the expectation that the police
will feel morally responsible to the community,
not just to themselves.
187
But does accountability reduce discretionary
authority?
188
But discretion is necessaryfor you cannot treat
all cases the same. Sameness is not justice,
for justice is sensitive to differences in
context and detail.
189
A patrolman should not have discretion about
overall enforcement policy, but should have
discretion to do the needed individualizing in
applying the policy made by his superiors to the
facts and circumstances of each particular
case. -K.C. Davis, University of Chicago
190
Some considerations in making policy
191
One of the primary purposes in writing policies
is to prevent discriminatory practices by
subordinates.
192
Policies must take into account the facts of
daily enforcement.
193
Policy writers must say what they mean. Policies
cannot be tongue-in-cheek, or so unrealistic that
they cause disbelief.
194
More things that are critical to policy
development Available resources, budget,
manpower, community sentiment, and policies of
judges and prosecutors.
195
From K.C. Davis in Police Discretion
From the beginning, there has been a gap between
statutory law and law that is enforced...
196
almost all legislators are fully aware that the
system would not be sensible if all statutes were
enforced to the letter.
Pg 49
197
Do police take away the power of the legislature
in deciding which laws to enforce?
The counter-argument is that police enforcement
of unpopular or foolish laws will lead the
legislature to change them.
198
How about. Selective enforcement of some laws
leads to corruption.
199
Prostitution, gambling, after-hours sale of
booze, even double-parkingcan be manipulated for
kickbacks to the cops. Discretion? Or Show me
da munny.
200
The place where discretion ends must be known and
respected.
A person can know the limits, respect those
limits, and still show bad judgment when he has
the authority to decide.
And a person can know and understand the limits,
but be contemptuous of them.
201
Batches? Batches??!!?? We don need no
steenkeeng batches
The challenge is to know the limits and have the
wisdom to work within them.
202
Respect for Limits
203
There is a Child of Darkness in each of
uspassions, ambitions, desires, and
commitmentsall pull us toward behaving with
excessstupiditycupidity whatever you want to
call it.
204
But the Child of Light, that pure, innocent,
happy-go-lucky, trusting and trustworthy soulis
not exactly what we want.
205
This guy fails to understand that power
corruptsobscures his own fallibilityand can
lead to the prideful self-righteousness that we
see in many tyrants.
206
Neither of these characters can be trusted to
exercise discretionone will abuse the hell out
of it, while the other will be so righteously
tight-fisted it never gets exercised.
207
You have to understand human nature, and
understand the limits you have in exercising your
authorityand you have to understand the
temptations to exceed those limits.
208
A slightly tarnished Child of Light, as it
weregot the T-shirt, but still has a soul.
209
Now some officers can use discretion as an excuse
for weaseling out of hard decisionsothers as an
excuse for laziness or indifference.
210
Few things cause loss of confidence in a police
department as does indifference to officer
misconduct. That indifference can be by the
command staff, or by your peers.
211
Confidence from within can also be eroded if the
senior people play favorites. The effect on
morale, and performance on the streets, can be
devastating.
212
Policies and Laws
213
You need a sense of the law, of department
policies and regulations, in order to abide by
them.
If you are hit with such a pile of such things
that you cant begin to learn them, you tend to
sneer at them, and you sure dont take them
seriously.
214
And so...
... laws which are too specific leave an
opening. you didnt say I couldnt do it..
While laws which are too open-ended require
unreasonable standards of proof to dispel
reasonable doubt
215
Force and Deadly Force
216

• In the Report on Lawlessness in Law Enforcement
  (1931), August Vollmer comments on the third
  degree
• Coercing a suspect
• Verbal or physical abuse
• Threats
• To illegally get information or false confessions

217
Anticipation and Planning
218
You can avoid crises in judgment and discretion
by trying to anticipate situations when questions
of duty and rightful conduct arise.
In other words.plan ahea
d
219
Thinking about problems ahead of time, and
planning how to react, can save a lot of trouble
when you have to face the real thing on the
streets.
220
Public Corruption for Profit
221
The only thing that is incorruptible is a
personal character that refuses to be corrupted.
222
An incorruptible person is truthful in word and
deed just because truthfulness has become second
nature to him. -Arisotle, in The Nicomachean
Ethics
223
Good character includes a conception of what is
worthy of oneselfwhat you are willing to do, and
what is beneath you.
You certainly have to have a sense of self-worth.
224
Incorruptibility is a form of personal freedom.
It is control of your life in accordance with
standards of excellence and self-respect are more
important than anything elseincluding life
itself.
..including life itself?
225
Few of us may ever reach such a state. But the
nature of it is something we should keep clearly
before us.
226
It is not important what others think of you,
what is important is what you think others are
thinking about you
227
Cynicism and Consolation
228
Complaining that no one is incorruptiblethat
everyone has a pricethat everyone else does it
is a tired old excuse.
What does that have to do with you?
229
Easy to say hard to live.
But you have to deal with it.
230
History is full of people who did not have a
priceor whose price was so high it could not be
met.
231
Socrates refused to change his position on asking
the wrong questionsand died for his beliefs.
232
Cops will plant evidence, obtain illegal
confessions, submit false reports, and perjure
themselvesbecause of weaknesses in the
systembecause thats the only way we can get
these criminals off the street.
233
Is it so? And even if it were sodoes that make
it acceptable?
234
High Standards and Double Standards
235
Another whine cops like with their cheese Were
victims of a higher standard. Were unfairly
discriminated against.
236
Thats something youd better understand up
front You are held to a higher standard.
That you can go for quite a while before being
called on itor caught on itis beside the point.
It can be a real bitch when you are.
237
It doesnt matter what everyone else is doing.
What matters is what we are doing. If your
department has high standards, then your
department will be a better police agency, and
you will likely be a better police officer.
238
If you are going to be a police officer public
servantyou must hold to a higher standard of
conductof honestythan everyone else.
239
The public is granting you a lot of authority.
You can take peoples libertyyou can use force
against themyou can even take a life.
240
Hell yes, you need to be held to a higher
standard.
241
Butwhat about judgesprosecutorsdont they have
the power to do the same things?
Or legislators?
242
But there are fundamental differences between
your state senators job and your job as a police
officer.
243
So should there be different ways of dealing with
misconduct?
How about the police officer who falsifies a
report?
Or the legislator who lies in a floor debate?
244
Is either set of institutional remedies wholly
effective?
245
Look on page 70 for more examples of dirty cops
trying to justify themselves by using the
everybody else was doing itor they made me do
it.. excuses.
246
There is one school of thought which says that
you can eliminate the corruption by eliminating
the temptations.
247
That might work to some degree, but the bottom
line is this
There is no substitute for personal character,
for the deep and unshakable belief that
corruption is truly dishonorable and is truly
worse than death.
248
Theories about Corruption
249
There are all kinds of theories about this, but
there is general agreement that there are three
primary theories of corruption that apply to
police
250
Society-at-Large
O. W. Wilson explains how corruption in the
Chicago PD came about
251
See the top of page 72
252
The Structural or Affiliation Theory
253
Turn to page 74, where we will look at what Art
Niederhoffer has to say about it.
254
The Rotten Apple Theory
Page 76
255
This theory centers on the type of police
officers that are hired and retained on the
police force.
256
It maintains that the other two theories ignore
important roots of corruption.
257
Advocates of the Rotten Apple Theory feel that
you can eliminate a lot of corruption potential
by conducting in-depth background investigations.
258
Background investigations are really looking for
indications of character flaws.
There are very few large agencies which do not do
incredibly detailed background investigations
these days.
259
Even smaller departments are spending the time
and manpower to do these types of character
investigations.
260
Because the Rotten Apple Theory has been
confirmed in a lot of departmentsand in smaller
departments such as La Junta, as well.
261
When you lower your standards, for whatever
reason, you run the very serious risk of hiring
The Bad Apples.
These guys have caused us some serious problems.
262
Departmental Supervision
Page 78
263
The department structure and administrative
policies can help reduce corruption
Supervisory awarenessgetting off ones duff and
going forth to see whats upis one of the best
ways to prevent corruption.
Presuming, of course, that the supervisors are
not corrupt as well.
264
Rotating assignments helps keep people from
getting into a rutand becoming so insulated from
the rest of the department that corruption
becomes an option.
265
Rotating assignments can also help reduce
stressand associated alcohol, stress, and even
suicide levels.
266
But although department structuring and
policy-making can help reduce corruption, the
structural model has one significant weakness.
267
It presumes that we all are weak-willed and will
succumb to temptation.
268
Your view on that statement?
269
Gratuities
270
There are a number of well-known, experienced
police officials who believe that any gratuity,
including the free cup of coffee, is the
beginning of corruption.
271
Manymost, I would say, police officers disagree.
Take a look at what Michael Feldberg has to say,
on page 80.
272
While some business people do intend their free
coffee and halfies on meals as a kindness, there
are many who do not.
273
Look at the free coffee argument there about
halfway down on page 80.
Your thoughts?
274
Ed tends to think the vulnerability to corruption
associated with The Free Cup is based more on
police attitudes than anything else.
275
If not everyone who accepts The Free Cup is a
corrupt sleazebagnor is guaranteed to turn into
one, then what is the problem?
276
Given Eds theory, that attitude has much to do
with vulnerability, then at least some of those
cops are going to slip slide away.
277
Some is too many
278
So your department policy should treat all
gratuities as unacceptable.
Free coffee carries a price in public respect,
and resentment.
We all have to pay that price.
279
The Knapp Commission investigated corruption in
New York Police Department.
The Commission noted a wide difference in degree
of corruption. There were those officers who
aggressively misused their police authority for
personal gain...
280
and there were those who just took whatever came
along.
The Commission referred to the predatory types as
meat eaters, and the more placid types as
grass eaters.
281
But if the grass eaters lacked the contempt for
decency, and the greed necessary to become a
predator, why did they become corrupt at all?
282
Character and Free Will
Page 82
283
The Commission held this view
the grass eaters may not, in a
corruption-dominated department, be acting out of
free choice
284
Participating in corruption, accepting graft, is
a way of showing fellow officers you can be
trusted. Remember Kirkham?
285
Ifn you aint wif us, youse must be agin us
And if you are against us, you must be a doity
rat bahstid
In some departments, that means you arent going
to make it.
286
Your choices are limited. You can rat them
offand become another Prince of the City, or
you can take part in the corruption, or you can
quit.
287
But they are choices, and they are yours to make.
You cant blame anyone else.
288
Ohhes OK, you can trust him. Hes on the take,
too.
Yepper, a real confidence builder.
289
How about cops on the take, who tell kids in the
DARE programs Just say no. What an absolute
farce, ey?
290
Fundamentals of Character and Training
291
In studying Police Ethics, you have to dump four
prevailing and misleading points of view.
These viewpoints are held by most cops. That
makes it hard to teach ethics to the boneheads.
292
There is a lot of talk in ethics discussion about
morals. Most cops connect morals with sex.
When you mention ethics, they think money.
293
Many cops believe that realism, in judgment,
beliefs, and action, do not mix well at all with
idealism.
294
Cops tend to see themselves as realists,
dealing with real lifeand those who address
idealism as starry-eyed leftist liberal dreamers,
who know nothing about how it really is.
295
Cops think those concerned with ethics are
smarmy, Pollyannish, little Miss Goody-goodies,
prudes, sour holier-than-thou fun-haters.
296
And lastly, cops tend to think the real subject
of ethics has to do with the treatment of moral
problems (mostly sex, now) rather than the
development of habits of good character.
297
Its not surprising that people, including cops,
think of ethical issues as involving sex and
money. That certainly fits the doings of late in
DC, doesnt it?
298
Sexual and financial scandals are only two
examples of scandalous behavior. There are many
other kinds.
299
And so there are many kinds of virtue which can
be discussed regarding police officer.
How about the qualities of courage?
300
There is physical courage, which is required to
handle dangerous callsbut this type of courage
does not disallow preparation, planning, and
evaluation of the situation before acting.
301
T