Improving police ethics through integrated education and disciplinary systems

Police Ethics

Ethics, therefore, is not something that a policeman learns in the classroom -- yet, training classes are regularly scheduled -- and this picture of student not understanding why he is in the classroom is indicative of the problem of police ethics as a whole (Crank, Caldero, 2011). There is no established, realistic connection between policing and classroom ethics. The world of the streets is a different from the world of the textbook. This is one reason that the lengthy and often wasteful enforcement of discipline in law enforcement agencies seems negligent: it is dealing with personnel who have a negligible sense of the reason they are being investigated and/or punished. This paper examines the need to better guarantee police ethics through the development and implementation of an acceptable police ethics system, which incorporates education with corrective (i.e., punishment) procedure. Through literature review and interview assessment, this study concludes that the problem of transparency remains for law enforcement agencies and must be discussed in a future study.

The Problem of Police Ethics

1: Introduction

Background

Police ethics involve more than just members of law enforcement agencies. They involve the community which those agencies are meant to police. Ethics are ideas or ideals that serve as the ideological foundation of any society. They serve as a rule of thumb, a guide to just behavior. Without a system of ethics, a society tends towards ambiguity in action/meaning and amorality, i.e., action without sense or just purpose -- action whose end is opposed to its purpose. The purpose of ethics is to conform action to ideal. But it often happens that ethical systems need an enforcement policy of their own (Braswell, McCarthy, McCarthy, 2012).

Police disciplinary procedures have been a source of disappointment for individuals who have been involved in the process and are concerned with its consequences (Westmarland, 2005). Similarly, executives in police departments have been frustrated with the time it takes to conclude investigations of police misconduct. This frustration is further aggravated by the rate at which their decisions are altered and revised by arbitrators, civil services boards and grievance panels involved in the investigation (Baca, 2007). The widespread opinion of police officers and their unions is that discipline is arbitrary and lacks the basic guarantee of consistency and fairness. The current disciplinary process is mainly punishment oriented, involves a considerable amount of time and allows numerous cases to be overruled on appeal (Baca, 2007). All these challenges leave one with the only option of devising a better way to address these concerns of police discipline.

This issue is important because it affects the way that police agencies police themselves. If their ranks are susceptible to corruption, then it must follow that the society which they police, serve and protect is likely to be just as corrupted. Researchers and academics agree that it is imperative that a solution be found that can better address the problem of police ethics (Barker, 2011).

Overview

This paper will provide a review of relevant literature as well as a qualitative case study analysis in order to better understand how the issue of police ethics is actually perceived by police themselves. Can policemen police themselves? Or are they susceptible to the same temptations of human nature as everyone else? In other words, how can one in a position of authority be expected to act in a manner consistent with that position?

Following the literature review and the statement of the research problem, is a discussion of the methodology. This portion of the paper will describe the nature of the study, how it was conducted, organized, and for whom it should have interest.

The third section of this paper is devoted to a discussion of the results of the research, whether they confirm the hypothesis, or whether the hypothesis need be modified.

The final section provides an analysis of the study's results. It offers a rationale for the findings, gives an explanation of what they mean/suggest, and concludes with a series of recommendations that might be used to address effectively the problem of enforcing police ethics within law enforcement communities.

Statement of the Problem

The problem of this research is the issue of police ethics and how to better guarantee its enforcement. There are many models in place today in law enforcement agencies that have developed with this problem in mind -- but no single model has yet proven to be 100% effective. It is the hypothesis of this paper that a combination of models, while not expected to guarantee completely a perfect enforcement of police ethics, can effectively create an atmosphere in which police ethics are more likely to be fostered and followed.

2: Methodology

The nature of this study is qualitative in terms of assessing how police ethics are currently assessed in the world of law enforcement and how they might be better enforced. It takes a case study approach combined with a literature review assessment in order to provide a realistic perspective of the situation, to promote discussion/analysis of possible remedies, and to give a deeper understanding of the problematic nature of the issue.

The study was conducted by employing the interview process. This interview took place September 26 in an office of the country sheriff's department. The person being interviewed was hired by the sheriff to reinstate the internal affairs unit, a unit that had previously existed but was cancelled twelve years earlier by the previous sheriff. There are numerous ethical considerations when it comes to a sheriff's office and accountability -- and transparency -- because when a member of the community has a complaint against an officer that was not properly investigated, or officers lack training in interacting with the public which results in accusations of police misconduct, the community is not being well served. This interview delved into questions of ethics and law enforcement, and what components of law enforcement should be ethically appropriate.

The organization was chosen for reasons of proximity, time and relevance. First, the study did not permit a wide canvassing of police departments for reasons of time and scope. A longer and more extensive study would be required in order to gather more interviews from across the country. Funds would also need to be made available for traveling. Face-to-face interviews would be preferable to ones conducted via virtual format, such as Skype, for they could provide a phenomenological base that would greatly enhance the impressions that the researcher could use in the final analysis. This would give the report a subjective approach that could deepen the way researchers perceive how law enforcement agents see themselves. This study uses a single interview as the basis for its conclusions, which greatly limits the conclusions applications to the general field of police ethics. However, the findings may be compared to those of other studies and measured accordingly for terms of commonality and/or discrepancy. Further analysis as to why or how these findings are similar/different from other findings would provide another option of later study.

This study should be important to several different stakeholders. First, it deals with the issue of police ethics, which is a specific moral and social issue and which, for that reason, affects society in general. Because the nature of modern society is democratic, it is expected that a democratic public should take an interest in how its public officers are enforcing a system of ethics among themselves -- especially as it is these same officers who will be enforcing the same system of ethics amongst the public. Stakeholders in this study should include public citizens who have a sense of public duty. Second, the study deals with corrections and therefore considers all members of law enforcement to be part of its audience. Understanding how and why police ethics are implemented is a procedure that affects them more directly than it affects the public; thus, it is natural and expedient that they assume a stake in the findings of this study.

A series of seven questions was asked the interviewee for the purpose of this study. Those questions, their answers, and a discussion of them follow in the next section.

3: Results

ONE: Describe the definition and understanding of police ethics: The interviewee stated that an ethical law enforcement agency is one that is well managed by ethical leaders, which means there is high respect for all people no matter their socioeconomic situation or their ethnicity.

Assessment: Police ethics should revolve around morality and social values that everyone believes in. Police do not have one set of ethics and all other organizations have another; ethical behavior in law enforcement means being honest with citizens and other officers, it means being a role model for young people.

TWO: Are ethics specifically part of education in police training? The interviewee stated that the head of the internal affairs unit in the county sheriff's office has taken on the responsibility of training officers in all things that are ethical and also those behaviors that are unethical.

Assessment: Reform is a top priority -- at least public perception of reform is a priority. Even the officer admits that police ethics is still a problem, as training courses are evidently "not enough" in his eyes to guarantee ethical behavior amongst officers.

THREE: Are ethics part of the testing that is administered for potential police officers? The interviewee stated that, yes, this county has a very thorough policy when it comes to hiring new deputies. There is a thorough background check, there is a psychological test, and there are ethical questions that are part of the testing process.

Assessment: The officer said that since the new sheriff won his election two years ago, there have been a number of applicants that were disqualified because they had no idea at all about ethical standards.

FOUR: Are ethics stressed by the law enforcement agency with whom you are employed? Yes, in fact the sheriff believes that ethics training brings to the table the expectations that the department has for all employees. The new sheriff has re-instituted internal affairs, which gives training to existing deputies and to administrative staff.

Assessment: There are three important components associated with the ethics training in this department: a) inspiration (leadership by example); b) education (in addition to the in-house training, all staff and all deputies must agree to take one class per year, either online or in the evening); and c) collaboration (an ethical culture can only be created and maintained when staff at all levels cooperate and work together for the betterment of the department).

FIVE: Are ethical violations punished -- and what is the punishment? Yes, violations of ethical standards within the department are punished; first, by meeting; second, by one-day furlough without pay; third, by suspension.

Assessment: A corrective procedure is in place. A discussion of alternative measures follows in the next section.

SIX: Do deputies always behave in ethical ways? The interviewee stated that there can't be an accurate answer because the department does not know what deputies do on their time off. As long as what they do on their weekends or on their days off does not come back to embarrass the department, the department assumes that they are behaving according to the law and according to what the sheriff expects.

Assessment: Public scrutiny is still an undesired and unwanted action.

SEVEN: Does the county sheriff have a culture of ethics or is it lip service? This new sheriff most certainly has instituted a culture of ethics, and lip service is not part of his agenda. He is absolutely committed to have transparency and honesty in his department.

Assessment: The experienced officer that has been hired to re-institute the internal affairs unit, the man I interviewed, is being counted on by the sheriff to conduct frequent and meaningful training sessions, sometimes bringing one deputy in at a time for a one-on-one tutorial on ethics.

Confirming the Hypothesis

The results of the interview confirmed the hypothesis of this study that an implementation of ethical standards and practices within the law enforcement agency is necessary for guaranteeing effective police ethics procedures. The officer interviewed stated that ethics is of primary concern to the sheriff and that many applicants have been turned away because of a failure to have formed an adequate ethical foundation in their own lives and minds. This shows that the reform of police ethics, beginning with the hiring process, is still in play today and that a continual policy of educating officers is also still practiced -- as the officer stated that policemen are consistently undergoing educational classes.

However, the idea that what is acceptable is that which does not cause embarrassment to the department was also illustrated by the officer. This shall be discussed in the next section.

4: Analysis

The interviewee's answers bear out this argument and illustrate a substantial strain on police ethics acceptance: a main motive of "being" ethical is fear -- avoidance of investigation. The interviewee's answers also suggest that there is a problem between perception and reality regarding the public: According to a survey conducted in 2008, 70% of the Canadians thought that officers are not held accountable for their misconduct. This officer emphasized the idea that police ethics is a concern of his department. However, one of the most significant problems with the current disciplinary system in the department is the fact that it is more punishment oriented than change of behavior oriented. The majority of the police officers state that the concept of punishment is to prevent future misconduct and secondly that it sends a warning signals to the rest of the force that such misconduct will not be tolerated. This is problematic because punishment alone might bring resentment and anger in the officer and such an attitude is not good for the police department (Hunt, 2009).

As far as limitations are concerned, the present disciplinary system has been unable to deal with a small numbers of officers that have been a constant source of complaints. Measure should be taken in order to identify such officers earlier in the process. The interviewed officer also saw this as a primary concern of his department.

The problem of inconsistency, while not addressed specifically by the interviewee, does relate: police officers who work in high risk areas tend to receive more complaints than their counterparts, the reason being obvious that these officers are more prone to face situations where the use of force might be required by law and for self-defense. However, investigative focus is on whether the use of force was under the legal boundaries (Curry, 2004). Such practices leave the officers confused and reinforce the officers' behavior.

The problem of unfair outcomes was also not directly addressed by the interviewee. However, the literature review showed that most of the police officers think that the outcome of the disciplinary committee is not fair. This might be due to several factors. One of the most common factors, however, is the variation in the disciplinary decision for the same misconduct. A commander in one part of the department might issues a different opinion than the one in the other place.

Conclusion

In the opinion of this researcher the most effective model for guaranteeing police ethics is the "prevention" method also called the Education-Based Discipline (EBD). Although created by an American Sheriff Leroy Baca, the discipline is the most non- conventional with regards to the other reformation techniques in practice. As the name implies, the discipline is more education oriented and therefore focuses on changing the behavior of the officer and therefore prevent him or her from being a victim of civilian complain ever during the career.

The best case scenario for police department is to build an atmosphere where the old disciplinary method and procedures to deal with police misconduct is the taken as the last resort (Hunt, 2009). This concept is based on the notion that cure is better than care. But in order to create such an environment the police leadership has to focus its attention on some basic elements that will play an essential role in effectively employing such an atmosphere. Some of these basic elements include,

The main objective of police work is to serve the community effectively while staying within the legal limits of the laws, policies and at the same time delivering what the departments expects from one officer. In cases where the officer deviates from these predefined limits, appropriate measures should be taken into considerations in order to rectify such behavior. But the accountability and the disciplinary methods should focus more on prevention, meaning that employees should be trained in such a way that they should never come across any situation where they might be accused or charged of professional deviance and misconduct. The officer interviewed suggested as much and his assertions support the literature reviewed. The administration of police ethics should be a combination of punishment and rectification rather than punishment alone. Ideally speaking, this model should make it easier for the general public to file complaints they think might have crossed his or her legal lines and at the same time reassure the public that appropriate actions will be taken against these officers in case the charges are proven to be true.

Unfortunately, the current police discipline is complicated and very controversial. The amount of time involved from the issuance of complaints to the time of sanctions is often so long that it loses its objective. In most of the cases the conclusions of investigation are 'not sustained" -- which is difficult for the general public to comprehend. Therefore, police discipline has a lot of room for improvement if it is properly directed, and it is encouraging to see that agencies across Canada are making efforts in order to resolve these problems within the department.

Reference List

Baca, L. (2007). Psychology of Discipline. Leadership Message from the Sheriff.

Accessed November 12, 2011, from: http://www.lasd.org / divisions/leadership-training-div/bureaus / ebd/assets/leadership-message-psychology-ofdiscipline.pdf.

Barker, T. (2011). Police Ethics: Crisis in Law Enforcement. IL: Thomas Books.

Braswell, M.C., McCarthy, B., McCarthy, B. (2012). Justice, Crime and Ethics. MA:

Anderson Publishing.

Crank, J., Caldero, M.A. (2011). Police Ethics: The Corruption of Noble Cause. MA:

Anderson Publishing.

Curry, T.H. (2004). An Analysis of the Discipline Process and Outcomes, With

Recommendations for Police Department.

Ellis, D. (1987). The Wrong Stuff -- An Introduction to the Sociological Study of Deviance. Don Mills, Ontario: Collier Macmillan.

Forcese, D.P. (1992). Policing Canadian Society. Scarborough: Prentice Hall

Grant, A. (1992). The control of police behavior. In K.R.E. McCormick and L.A.

Visano (Eds) Understanding Policy, Toronto: Canadian Scholars Press.

Hunt, T. (2009). Modernizing the Police Disciplinary System. Police Beat

Opinion/Editorial.

Westmarland, L. (2005). Police Ethics and Integrity: Breaking the Blue Code of Silence. Police and Society: An International Journal of Research and Policey, 15(2): 145-165.