Ethical Justice

Chapter Five: Ethical Issues in Police

Administration

Ethical Issues in Police Administration

Police administration refers to the control and operation of law enforcement agencies, and the subsequent discharge of policies that keep the peace, increase public safety, and prevent crime.

This chapter discusses two perspectives: 1. Command perspective

2. Human resources perspective

The Role of Law Enforcement

Law enforcement is the branch of the criminal justice system that is legally commissioned to respond to crime.

Strategies are developed and personnel are deployed within an established jurisdiction that:

Facilitate the prevention of crime; Respond to criminal complaints; Investigate unsolved crime; Arrest suspected criminals; and Recover stolen property.

Models of Policing

There are several approaches to policing. Many agencies will be a mix of the following models:

1. Enforcement orientated policing - an approach to policing where there is a clear separation between members of an agency or department and the citizens they police.

2. Peacekeeper oriented policing - an approach to policing where officers are often integrated with the community they serve, viewing themselves as an important part of it.

3. Intelligence oriented policing - an approach to policing that is driven by gathering intelligence and analyzing it for crime patterns and trends.

Command Perspective

The command perspective involves setting agency policy and making operational decisions that best achieve the aforementioned goals without violating the law or the public trust.

It requires ethical and professional leadership from an ethical and professional leader.

Command Perspective

Leadership Leadership describes a set of traits and abilities that

compel others to follow. In law enforcement, good leadership requires:

Good and trustworthy character; Explicit knowledge of the law; Explicit knowledge of agency functions and

operations; The ability to set effective agency policy; The ability to create effective budgets and build

consensus;

Command Perspective

Continued: Good and trustworthy character; Explicit knowledge of the law; Explicit knowledge of agency functions and

operations; The ability to set effective agency policy; The ability to create effective budgets and build

consensus;

Command Perspective

Professional Integrity Command officers have a responsibility to develop a culture

that nurtures those values which reflect professional and ethical integrity.

A local law enforcement community is ultimately a function of the values and ethics modeled, reinforced, and mandated by those in a command. It is understood that new hires will generally have had little

exposure to the ethical dilemmas faces in law enforcement; It is understood that culture and environment shape beliefs,

attitudes, and values; and It is understood that those in command influence culture

and environment greatly.

Command Perspective

Politics A chief of police is usually an “at will” or “exempt” employee,

meaning they do not have a traditional employment contract and can be fired at any time, for any reason. Most serve between 3 and 5 years.

Generally, negative outcomes for a chief are related to one of the following:

Political discord Abuse of power offenses Sexual misconduct

Human Resources Perspective

The human resources perspective involves making ethical and lawful decisions related to the hiring, management, retention, discipline, and termination of law enforcement personnel.

Unfortunately, the hiring and retention practices of many law enforcement agencies suggest that there is an internal tolerance for varying levels of overt criminality in the culture.

Human Resources Perspective

The practice of policing the citizenry with convicted criminals is an issue for the following reasons:

It violates the ideal of personal integrity that is held up as a necessary hiring mandate within the law enforcement literature;

It betrays the public trust; and It contributes to the decay of agency culture and ethics, as

it sends the message to all subordinates that breaking the law is no big deal.

Human Resources Perspective

Accountability Professional law enforcement agencies adhere strictly to the

principle of accountability. Accountability in law enforcement starts with the judicious use of administrative investigations, with a full awareness of Garrity.

Administrative investigations are fact-finding inquiries conducted by an agency or government regarding its own management and performance.

Garrity Rule refers to the U.S. Supreme Court’s decision in Garrity v. New Jersey (1967).

It provides that during an administrative investigation, a police officer or other public employee may be compelled to provide statements under threat of discipline or discharge, but those statements may not be used to prosecute him or her criminally.

Human Resources Perspective

Accountability - Internal Affairs Professional law enforcement agencies maintain a division

of unit that is tasked with the investigation of its own members for suspected crimes and misconduct.

Internal affairs is responsible for investigating any allegations made against members of the agency; for tracking the types of allegations that are made and for identifying any patterns of misconduct associated with a particular employee, group, or command.

Human Resources Perspective

Accountability - Integrity Testing Professional law enforcement agencies employ a variety of

screening tools to assess officer integrity. They include the following:

Anonymous radio runs Conspicuous placements of drugs, cash, or pornography in a

crime scene String operation Personal use of department issue cell phone Arrest and debrief of prostitutes

These integrity tests are intended to provide officers with the opportunity to spontaneously demonstrate their character to the department, without any ability to plan ahead or change their normal routine.

Human Resources Perspective

Accountability - False Statements, Reports, and Testimony

This kind of criminal misconduct occurs in all manner of contexts related to the work of law enforcement officers (for example: falsified time sheets, false statements in reports, false testimony).

Professional law enforcement agencies have a zero

tolerance policy for lying in any form.

Human Resources Perspective

Accountability - Sexual Harassment Law enforcement culture is often characterized by a military

hierarchy and mindset. As a result of the culture, sexual harassment of female officers is always a potential concern, and homosexual officers also hide their sexual orientation out of fear, to avoid harassment and discrimination.

Professional law enforcement agencies have a zero tolerance policy for sexual harassment and intimidation of any kind.

Human Resources Perspective

Accountability - Use of Force In the United States, police officers are issues both firearms

and non-lethal weapons intended to provide the officer with different options for self-defense, and when acting defense of citizens.

These agencies have a legal and ethical obligation to provide adequate training to their personnel regarding the

safe and lawful use of force.

Transparency

Law enforcement transparency is greater than every before, owing to five convergent and equally important influences:1. Law enforcement policies 2. Crime statistics3. Personal cell phone technology 4. Social media5. Press scrutiny

Law enforcement transparency is greater than every before, owing to five convergent and equally important influences:

1. 1. Law enforcement policies 2. 2. Crime statistics3. 3. Personal cell phone technology 4. 4. Social media5. 5. Press scrutiny