Police ethics and professional conduct

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.

Literature Review

Crank and Caldero (2011) state that "ethics" are widely perceived by policemen to be something that one learns "in the streets" (p. 1). It is a code that is unwritten, that is "about victims and the assholes who prey on them" (Crank, Caldero, 2011, p. 1). It is not something that applies to police officers, who are on the side of the "good" merely by virtue of their profession. They may "bend" the law in terms of aggressively dealing with criminal suspects, but such action is justified by the fact that the criminal element is perceived to be needing "correction" of a physical nature (Westmarland, 2005). Crank and Caldero make the point that education of policemen is important to the process of guaranteeing police ethics. The problem is convincing them that the ethics taught them in the classroom are expected of them in the field. Their argument is especially pertinent to this study because it highlights the dissociation displayed between officers of the law and the law which they are sworn to uphold as it applies to them.

Ellis (1987) shows that police corruption in Canada might be not as prevalent and widespread as in the neighboring USA but still there have been significant incidences in the police department that warrant a call from disciplinary commission. The problem is fourfold and can be summarized thus: 1) it is a constant activity rather than something isolated; 2) senior officers evade investigating reports of misconduct; 3) officers on duty justify their misconduct by referring to their "good intentions"; 4) illegal police activity is prevalent across Canada (Ellis, 1987). Ellis uses a qualitative method to describe a world of law enforcement in Canada that lacks a fundamental ethical aspect: the association of action with ideal. Excuses and blind-eyes are rampant and police corruption unchecked -- unless it becomes a public "black-eye" for the agency. In such cases as police corruption is exposed in the public, it is dealt with perfunctorily in order to display to the public that police do police themselves. But the reality is that in the past half century they have not -- at least not at satisfactory levels (Ellis, 1987; Sewell, 1986; Forcese, 1992). Today's police ethics researchers are looking for a way to end this system of neglect.

According to Sewell (1986) a crime should not be considered a crime when undertaken by an officer on duty. In contrast Forcese (1992) states that the police department during the 1970s and throughout the 1980s was involved in corruption on every level in the department. According to Ellis (1987) the deviances that take place in the Canadian police department are rampant.

The conventional process of accountability in Canada can be categorized into two processes: the internal review process and the external review process. The internal review process is the disciplinary policies that exist in individual departments and the external review process entails the police board, police commission and civilian inquires. A third review process also exists called the civilian review process and is a subject of great controversy and scrutiny among the police departments due to privacy reason. As stated before, law enforcement agencies do not generally exercise a policy of transparency, i.e., open the doors of their agencies to public scrutiny. When the public does become involved, it is generally believed to be a cause of discomfort and/or embarrassment for the agency/officers under scrutiny.

Baca (2007), Curry (2004) and Hunt (2009) discuss current issues with the police disciplinary process. They examine the source of conflict within law enforcement, the source of mistrust, the focus of punishment, as well as limitations, inconsistencies and unfair outcomes. Each of these points will be discussed in the final analysis section of this study.

The issue of reformation attempts within the world of law enforcement has been adequately discussed by Grant (1992) and Hunt (2009), whose work spans more than two decades of analysis. Grant highlights the basic models of reform which are still in use today: the In-house Model, the Externally Supervised In-house Model; the Independent Adjudication Model; and the Truly Independent Model. These models are admittedly punishment (i.e., corrective-after -- the fact) oriented and thus do not address the problem of police ethics from an active learning perspective but rather attempt merely to "keep a lid on" unethical behavior before the public "catches wind." A discussion of the best model of correction is discussed in the analysis section of this paper.

Other attempts at reform have focused on the hiring process, the training process, supervision, performance evaluation and review, the way in which complaints are handled and reviewed, and the implementation of technology (such as dash cams). Hunt (2009) notes that many of these attempted reforms have become standard practices across Canada -- such as, for example, the implementation of dash cams in police cruisers. It is Hunt's argument that such widespread implementation helps to guarantee a better ethical conduct of officers, especially if they are aware that their actions are being recorded and will be reviewed by a higher or separate authority.

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.