Criminal Justice 220: Ethics in Law Enforcement. Week 1 Online Presentation

CJ 220: Week 1 Script 11

Slide 1: Title Slide

Criminal Justice 220: Ethics in Law Enforcement. Week 1 Online Presentation

Slide 2: Introduction

The online presentation for Week 1 highlights morality, ethics, and human behavior, in addition to giving emphasis to how moral behavior is determined. Students learn the distinct differences between morals and ethics and how the different ethical systems define what is considered a right and a wrong behavior. This week students develop the theoretical foundations necessary for understanding the connection between theory and the application of ethical decision making in the criminal justice profession.

Slide 3: Development of Ethics

Typically, the criminal justice system is analyzed with political, organizational, or sociological approaches. However, we will approach the examination of the system through an ethics lens. Ethics is a branch of philosophy that examines questions of right and wrong, and how we ought to live. Ethics involves the determination of good and evil and the defining of duties. Morals define principles of right and wrong. Duties are closely related to ethics and morals. Duties are required behaviors and actions associated with a specific role (Johnson, 2008).

Morals and ethics are often used interchangeably. However, there is a fundamental, yet slight, difference between the two. Morals represent personal character and ideas about what is right and what is wrong, while ethics focus on a social system where morals are appropriate in various situations (Wilhelm & Firmin, 2008). Ethics identify standards or codes of conduct anticipated by the group to which an individual relates (Henderson, 1982). Ethics could also be related to an individual’s national, social, company, professional, or familial relationships. Individual moral codes are relatively stable, but ethical codes could be modified to align with the experience at hand (Henderson, 1982). Ethics and morals are derived from similar root meanings. The Greek word ethos refers to behavioral habits or character. The term morals has a Latin origin with a similar meaning; thus, the interchangeability factor (Pollock, 2012).

Slide 4: Importance of Ethics

A major argument for the study of ethics by criminal justice professionals is that individuals employed on all levels within the criminal justice system have discretion to make decisional choices that have the propensity to change drastically other people’s lives (Pollock & Becker, 1996). Police officers have the power to deprive people of their freedom; prosecutors decide what cases to pursue and who to prosecute; judges have the authority to make decisions about sentencing; correctional officials can make recommendations that could influence the length of detention, take actions to further deprive a detainee’s freedom of movement, and decide who will get paroled and who won’t be paroled.

The powers listed, if in the hands of the wrong individuals, can be damaging. As such, Felkenes (1987) clarified the necessity of criminal justice professional studying: (1) policy has to be administered morally and ethically; (2) ethical training promotes the development of analytical skills and reasoning required to understand pragmatic and theoretical

aspects of the criminal justice system; (3) criminal justice professionals must be constantly aware of the consequences associated with unethical decision-making; (4) ethics are important to the proper use of discretion, force and due process; (5) a firm ethical foundation is critical to issues of rehabilitation and deterrence; and (6) ethics are essential aspects of the criminal justice system. Overall, ethics provide individuals with a means of making moral choices when they are unsure about what to do in circumstances involving moral issues. In life in general, moral rules are desirable not because they convey absolute truth, but because they are generally trustworthy guides for normal circumstances.

Slide 5: Professional Codes of Conduct

Different professions within the criminal justice system have ethical policies or standards that employees must adhere to. For example, police ethical policies and oaths are typically adopted from the code created by the International Association of Chiefs of Police (IACP, 2012). Sheriffs abide by the ethical standards created by the National Sheriffs’ Association (NSA, 2012). Attorneys and judges are required to comply with the code created by the American Bar Association (ABA, 2012), while corrections professionals should adhere to the code developed by the American Jail Association (2012), or the American Correctional Association (ACA, 2012).

These organizations should not be considered exhaustive. There are others that promulgate standards for the different professions within the criminal justice system. The goal here is to demonstrate that ethics are so important that standards have been created, and professionals must abide by them. However, this is not the case all the time. There are cases where criminal justice professionals have lapses in ethical judgment. At this juncture in the presentation, take a look at the video, Police Beats Teen on Tape.

After viewing the video, ask yourself if you think the officer violated any aspect of the police code located at

http://www.theiacp.org/PoliceServices/ExecutiveServices/ProfessionalAssistance/Ethics/ModelPolicyonStandardsofConduct/tabid/196/Default.aspx

Slide 6: Analyzing Ethical Dilemmas

Values, what individuals find desirable and of worth, and morals are powerful principles that help individuals examine issues that conflict with their beliefs. Ethical dilemmas “are situations in which it is difficult to make a decision, either because the right course of action is not clear or the right course of action carries some negative consequences” (Pollock, 2012, p. 14). In response to ethical dilemmas, organizations implement an ethical code in an effort to give direction to those called upon to make decisions to ensure that they understand the difference between right and wrong and how they should apply this understanding to their decision-making processes. Ethical standards, in contrast, tell individuals how they should conduct themselves in any given situation. Values, morals, ethical codes, and ethical standards provide human beings with the tools needed to make decisions that are just (Pollock & Becker, 1996).

In addition, regulations, standards, and guidelines are important to helping individuals, especially those in the criminal justice profession, analyze ethical dilemmas. Regulations are usually developed by a governmental authority, and they control the activities of individuals in almost all professions. Standards are typically developed by a private or public governing body and are usually the basis for some type of accreditation. Guidelines, which are usually recommendations, are created by professional groups. In examining ethical dilemmas all relevant information must be considered (Pollock & Becker, 1996). When faced with an ethical dilemma there are steps that are helpful in conducting an analysis of the dilemma. Despite the abundance of information and training available for managing properly ethical dilemmas, there are professionals who experience ethical lapses. Before discussing those steps to resolving an ethical dilemma, let’s take a look at a case of police brutality that took place in New Orleans.

Slide 7: Ethical Dilemma: Case Study of Police Brutality in New Orleans (Excerpt)

NOTE: In discussing the issue during the presentation, the instructor might interject with comments that are not scripted. Comments and opinions might be made that appear as they do in normal non-scripted conversations.

In March 1990 an African American male by the name of Adolph Archie was injured by police who claimed that Archie shot and killed a Caucasian officer during a shootout. Archie later died under strange and unusual circumstances. After Archie was shot, officers reported that they immediately transported Archie to the hospital. However, a recorded time of 12 minutes and a distance from the hospital, which was only 7 blocks, did not support the officers’ claims. While transporting Archie to the hospital officers were using their radios to communicate with each other about killing Archie. Some officers were exclaiming that there was going to be a lynching if Archie was taken to the hospital. At the hospital approximately 100 officers were on the scene because they had heard about the shooting and the subsequent death of a fellow officer. Officers transporting Archie stated that they decided not to take him there. They instead decided to take him to another hospital, but they took him to the police station where the deceased officer was stationed.

Once at the station, officers reported that a fight broke out and Archie fell leaving behind blood stains. The sergeant in charge of the station ignored the incident telling investigative officials that he had not seen Archie. He also denied seeing the officers involved. When asked about the blood he stated that simply asked someone to clean it up.

When Archie was finally taken to the hospital staff advised that it was clear that he had been severely beaten. Archie received x-rays of his injuries, but they mysteriously disappeared. There was no record of his name or background found in hospital records. Even though this was apparent and that he had been in the custody of officers, none of them were held accountable for Archie’s subsequent death.

While at the hospital being treated, Archie was injected with iodine. He was allergic to iodine, so conveniently his death was attributed to the injection. Pathologists who examined Archie’s body concluded that he had been beaten to death. Eventually, the coroner concluded that Archie’s death was reported as a homicide by police intervention. Within hours of Archie’s demise, the police chief cleared all officers of any wrong doing; their conduct was deemed acceptable. The rookie officer who initially arrested Archie was chastised by fellow officers for failure to kill Archie right on the spot. A report submitted by the advisory committee on human relations indicated that officers involved in the incident had brutalized Archie and departmental leaders did nothing to hold them accountable. The report detailed the existence of a police code of silence that was supported at the highest levels within the department (Herbert, 1995).

Slide 8: Steps Used to Clarify an Ethical Dilemma

1. Review the facts. Analyze only what is known at the time of the analysis.

2. Identify all the potential values and concepts presented by each party that may be relevant to the outcome of the analysis.

3. Identify moral and ethical issues of each party to ensure that one person’s beliefs did not result in the dilemma.

4. Determine what is the most important moral or ethical issue faced by the individuals.

5. Resolve the ethical or moral dilemma by making use of an ethical system or another decision-making model (Pollock, 2012).

In applying these steps for solving an ethical dilemma to the police brutality issue previously discussed you should as the police leader or other governing body first examine all facts of the case: who were the officers involved; what were the injuries to the victim; what were the actions of the supervisors; and what standards and regulations were violated. You would want to deal with the things that can be proven, but you must also consider that the persons involved may not present that proof. Second, the values, responsibilities to duty, honesty, integrity, safety and protection are elements that should be examined because they could have a bearing on the outcome. Third, identify the ethical issues: should the officers have diverted the ride to the hospital; should the experienced officers have belittled the rookie officer for not killing Archie; should the police radios have been used to utter death threats? Fourth, ascertain what is the most critical moral or ethical issue faced by the individuals involved. In this case, the death of the victim is of highest ethical and moral priority. Finally, resolve the issue. You will have to consider not just the moral and ethical principles, but existing regulations and standards that govern police work. Certainly, not all ethical issues faced on the job would be of this magnitude; however, you can see that the five steps for analyzing and resolving an ethical issue could be a valuable model to follow when faced with making decisions regarding any ethical issue that arises.

Slide 9: Ethical Lapse

An ethical lapse is a mistake or error in judgment that leads to a harmful outcome. Certainly, the case of Adolph Archie provided a good example of how leaders can have lapses in ethical judgment. Another case, Michael Ray Graham, which we will examine later, is also a good example of how ethical lapses can harm others. But what about lapses not considered harmful on their face, yet they can be harmful to other people or to the organization? In the next slide, we will examine some ethical issues employees face on the job.

Slide 10: Typical Ethical Issues Faced on the Job

Following are other types of ethical issues that criminal justice professionals can run into on the job. These issues appear on the face to be very small, but employees who allow themselves lapses in ethical judgment involving these situations can find themselves punitively punished, and at worst terminated.

1. Ethical Issues Involving the Individual and the Organization

a. an individual’s overall work ethic

b. petty theft of supplies or cash

c. overtime abuse

d. gifts and gratuities

e. falsifying of reports

f. abuse of sick time

h. personal use of supplies and equipment

2. Ethical Issues Involving the Organization and the Employees

a. sexual or racial harassment

b. suppression of honest criticism or feedback

c. inequitable decision making

d. insufficient compensation

e. deficient training

f. unrealistic or inappropriate demands

g. creating an unsafe environment for employees

3. Ethical Issues Involving the Individual and Coworkers

a. backstabbing and lack of support

b. gossip

c. sexual or racial harassment

d. telling falsehoods to rationalize unaccountability

e. failure to give credit to others for their work

4. Ethical Issues Involving the Individual and the Public

a. abuse of authority

b. failure to perform duty

c. sexual, racial, and ethnic harassment

d. special treatment

e. lack of professional development

f. malfeasance (wrongful conduct demonstrated by a public official) or misfeasance (demonstrating a proper act but in such a way that it is wrongful or injurious) of duties

Two closely related concepts relative to professional duties include:

1.  Nonfeasance: the intentional failure to perform an official duty or legal requirement