💾 Archived View for spam.works › mirrors › textfiles › law › ethics.law captured on 2023-06-16 at 18:57:35.
-=-=-=-=-=-=-
January 1991
POINT OF VIEW
REDEDICATING OURSELVES TO
LEADERSHIP AND ETHICS IN LAW ENFORCEMENT
By
Vane R. King
Lieutenant
Flint, Michigan, Police Department
"Our problem is not to find better values but to be
faithful to those we profess." John Gardner
Corruption, drug abuse, conduct unbecoming an
officer--these are just a few of the dangerous and troubling
situations that could challenge law enforcement professionals as
they strive to meet their responsibilities in today's rapidly
changing and highly intricate social environment.
Unfortunately, just as the criminal activity law enforcement
officers are sworn to combat grows more violent and
sophisticated, clear ethical codes of conduct are not always
stressed by today's police leadership. To be sure, many
departments emphasize ethics and even offer special training in
this area, but the modern temptations facing today's officers
require a rededication to basic ethical behavior by both street
officers and police managers.
Ethical issues and values are most certainly not a new
concern in law enforcement. However, they have never before
been so publicized nor have the stakes involved been so high.
As Patrick V. Murphy, former New York City Police Commissioner,
notes, "Corruption, brutality, racial discrimination, improper
political interference, unequal enforcement, bribery, and
gratuities can appear to be commonplace. The cost of unethical
conduct by police is high--an excess of preventable crime, a low
level of respect for the police, and a loss of citizen
cooperation on which police effectiveness depends." (1)
Because aberrant police behavior results in shattered lives
and an erosion of public confidence and support, ethical
concerns in policing remain great. Officers and managers alike
are expected to perform their duties in a wide variety of
interpersonal situations where values and ethics are of
tantamount importance. Functioning with minimal supervision and
little time for reflection, they are required to make complex
and crucial decisions, many of which are irrevocable, (2) during
highly emotional, fast-moving, stressful situations. In time,
values and ethics may denigrate, and the prolonged effects of
this can be harmful and far-reaching. And because police
officers continue to face ethical questions, administrators must
positively impact on their ability to deal with these ethical
entanglements.
HISTORICAL PERSPECTIVE
In 1956, the National Conference of Police Associations,
representing approximately 200,000 police officers, and the
International Association of Chiefs of Police adopted the Law
Enforcement Code of Ethics. Leaders in law enforcement, as well
as rank-and-file officers throughout the Nation, offered their
suggestions and participated in its formulation. This code of
ethics offered solutions to many of the police officer's
everyday problems.
But times have changed, and according to various media
sources, so have police officers, not so much with regard to
their collective values, but to their faithfulness to those
values. Many outside law enforcement view the police as having
"doughnut shop ethics." As Bruce Benson and Gil Skinner wrote,
"Police think nothing of accepting `harmless' gratuities--the
free coffee, the half-price meals, `badging' their way into a
movie." (3) Unfortunately, tomorrow (or is it today?) these
same officers may think little of payoffs, ripoffs, and
assaults. By starting off small, they can lose control and
allow themselves to go too far. The local headlines tell the
story. The question then becomes, "What can be done to
positively influence an officer's ability to deal with ethical
entanglements?"
LEADERSHIP ROLE
To begin, law enforcement managers must provide an
atmosphere conducive to proper value judgments by their
officers, especially during those situations where the outcome
is based on discretion. To accomplish this goal, they must
nurture a more highly developed sense of ethical responsibility
and an inner code of ethics.
Police leaders set the moral tone of the department;
therefore, they are obligated to set an ethical example for
others to follow. Whether they want to accept it or not, top
management serves as a key reference point for all subordinates.
If the truth be known, "...ethical standards drop rapidly when
employees see their supervisors engage in questionable
managerial practices. What is needed more than anything else is
leadership." (4)
While police leaders control the working environment and
serve as role models, they must also educate personnel in sound
decisionmaking practices. Police officers may misdefine their
roles. Therefore, it is up to managers to evaluate what the
public expects and to communicate clearly and inculcate values
to their staffs--fairness, honesty, reliability, and
accountability. (5)
Motivation
Managers must begin with self-motivation. The key is the
dedication and sacrifice that are required and demanded from the
professional police officer. Professional law enforcement is no
place for the officer whose philosophy in life is "What's in it
for me?" Satisfaction in law enforcement must come from doing
the job to the best of one's individual abilities and not be
solely dependent upon the final outcome.
As the Law Enforcement Code of Ethics points out, the
mission and duty of law enforcement is to protect and serve.
The code addresses many issues, including human and
constitutional rights, prejudice, conduct unbecoming an officer,
physical assault, compliance with laws and regulations,
protection of confidential information, attitude, appearance,
values, fairness, unnecessary force, public trust, public faith,
and being true to the ethics of police service.
Unfortunately, there is no practical way to measure the
effect that ethics codes have on personnel, (6) even though codes
"serve as a living document of organizational standards and
provide direction in decisionmaking." (7) But without individual
beliefs, values, and commitment, these codes are only words,
ideas, goals, and philosophies--ideas that are easy to vocalize
but hard to implement. However, "codes can play a useful role
in reminding those tempted by misconduct of the shared goals of
the profession." (8)
Law enforcement administrators can use codes to clarify what
is meant by ethical conduct. Then, by using these codes, they
motivate employees to be "faithful" to themselves and their
profession.
Integrity
The quality most admired at every level of an organization
is integrity, followed closely by competence. These are
essential characteristics of effective leadership that influence
attitude, as well as behavior. Therefore, police managers must
be firmly committed to personal integrity.
At times, sticking to this commitment is difficult.
However, doing so is likely to be more than its own reward.
People will follow more readily one whose values are clear,
consistent, principled, and fair. (9)
Top administrators not only set the environment for the
department through example but also through compliance. To be
effective, they must be willing and able to discipline violators
of ethical standards. Inaction by the administration
constitutes approval of the individual's behavior, hurts
employee morale, and weakens public confidence.(10)
Education and Training
Police leaders should also use education and training to
set the proper ethics and value mode into perpetual motion. By
defining jobs, telling people what is expected of them, and
giving feedback, managers minimize uncertainties, avoid
repeating traditional unethical practices, and ensure that
assignments, evaluations, promotions, and hirings are meted out
in a systematic fashion.
If officers are given the proper education and training,
they have received the tools to do their jobs. But, they need
more than theory. They need up-to-date practical application,
experience, and knowledge.
With proper research and application, answers to the
majority of unethical situations faced by police officers can be
developed and incorporated into training programs. "In order to
challenge the contemporary officer's thinking about moral values
and ethical conduct, the police profession needs to incorporate
law enforcement ethics directly into the training provided all
personnel. Such instruction should begin during recruit training
and continue through short-term seminars to management programs
and courses." (11) As leaders provide position reinforcement for
theory to become reality, ethics will be kept at the forefront of
training and left open for discussion at all levels. When
wrestling with real-world moral dilemmas, group discussions and
the advice and counsel from others can heighten moral
reasoning. (12)
CONCLUSION
Today, there is perhaps more sensitivity about ethics and
personal conduct in the law enforcement field than ever before.
The profession has matured, but much is left to be done. Law
enforcement must be prepared to combat a new level of
temptation, where the rewards for "selling out" can be great
and general social codes have become more relaxed.
Police leaders must develop an ethical environment that
eliminates public suspicion and lessens employee temptation--one
that creates faith and confidence in a justice system that is
fair and just for all. More importantly, they must set the moral
standards and tone of their individual departments, lead by
example, and initiate and promote ethics training and education.
Police leaders must challenge and develop law enforcement
thinking in terms of moral values and ethical conduct by
communicating and supporting realistic approaches to ethical
dilemmas. As Patrick Murphy noted, "With strong leadership from
top police executives and a firm commitment to making policing a
full-fledged profession, we can go a long way toward providing
police officers with the sensitivity and insight they need to
meet the ethical demands of the important positions of public
trust they hold." (13) Today, law enforcement does not need to
find better values, but we do need to rededicate ourselves to
leadership and ethics and the basic values of our profession.
FOOTNOTES
(1) Patrick V. Murphy, "Ethical Issues on Policing,"
Criminal Justice Ethics, vol. 4, No. 2, Summer/Fall 1985.
(2) Interpersonal Communications Training Program, Lansing,
Michigan, Community College, November 1975.
(3) Bruce L. Benson and Gilbert H. Skinner, "Doughnut Shop
Ethics: There are Answers," The Police Chief, December 1988,
pp. 32-33.
(4) James Bowman, ed., Essentials of Management: Ethical
Values, Attitudes and Actions (Port Washington, N. Y.:
Associated Faculty Press, 1983).
(5) Supra note 1, p. 95.
(6) Donald R. Cressey and Charles A. Moore, "Managerial
Values and Corporate Codes of Ethics," California Management
Review, vol. 25, No. 4, Summer 1983.
(7) Harold W. Metz, "An Ethical Model For Law Enforcement
Administrators," Justice Profession, vol. 1, No. 2, Fall 1986,
p. 74.
(8) William Heffernan, "Two Approaches to Police Ethics,"
Criminal Justice Review, p. 32.
(9) Barry Posner and Warren Schmidt, "Values and the American
Manager: An Update," California Management Review, vol. XXVI,
No. 3, Spring 1984, p. 215.
(10) Supra note 7, p. 75.
(11) Supra note 7, p. 76.
(12) Supra note 1, p. 95.
(13) Ibid. p. 96.