Introduction
The criminal justice system prides itself heavily on being transparent and ethical within its departments, their communities, and one another. When officers are sworn in and take an oath to uphold the law and the standard ethics that policing requires, they swear to protect and serve with honor and integrity. Unfortunately, however, there has been an ongoing epidemic throughout history with members within this field abusing the power instilled into them through that same oath.
Police ethics is a scorching topic, especially in today’s climate, and there have been countless efforts to find the root cause of these issues and probable solutions to these concerns, with debates on the use of force, fair and impartial policing, body cam footage, profiling, racism, and integrity, among others. Multitudinous research proves abuse or lack of ethics is an ongoing problem in law enforcement.
Specifically, the use of force and an established framework of what fair and impartial policing looks like creates a domino effect of other substantial issues. When focusing on those two target points, other dilemmas, such as racial profiling and questions of integrity, are also present. This proves that while extensive research is already gathered regarding these issues, it is a multifaceted problem that still needs a perfect solution. By deconstructing the analyses that have already been done and diving deeper into new perspectives, researchers can get closer to finding the base of the problem and work to restore the system starting at the foundation.
After speaking to some incredible faces in the field and constructing data from previous studies, new outlooks on both problems were formulated and can now be used as a blueprint for change. While the mistreatment of ethics is a global issue, the United States suffers severely from these problems, which is why this research has been formulated. The data gathered from other reports also regard US statistics, which is notable because the subject pool and numbers would be much larger if they were global.
Discussion
Ethics
The International Association of Chiefs of Police (IACP) established a code of ethics that has been adopted and amended throughout history since the late 1950s, becoming the framework on which society bases its ethical standards for officers. Promoting a culture of ethical conduct within police departments is essential for maintaining public trust, preventing misconduct, and fostering positive relationships between law enforcement and the communities they serve. Ethical behavior contributes to the effectiveness and legitimacy of law enforcement agencies.
Still, citizens must learn the proper ethical standards these officers are expected to uphold. On even rarer occasions, do they know what laws and training requirements these officers need to abide by and complete? This unfamiliarity with the justice system often gives officers a foot in the door to demonstrate ethical misconduct. According to the Office of Justice Programs, police ethics includes “acting impartially; exercising discretion; using only necessary force; and maintaining confidentiality, integrity, and a professional image at all times.” (Grant, 2002).
Deconstructing this definition creates a lot of room for misinterpretation within the terminology used. Some factors outside the training set someone up to be “ethical,” such as integrity, which cannot be taught. While an individual can be trained and reinforced to do something correctly, there have been instances repeatedly where an officer oversteps or goes against what the code of conduct expected. This makes measuring ethics challenging because it also requires the individual’s character to be measured.
Utilitarianism and Deontology in Law Enforcement
Ethical norms can help individuals make ethically sound judgments and decisions when confronted with ambiguous situations. The core concept of an ethical framework is to assist people with figuring out what is right or wrong or permissible based on one’s discretion and judgment. Maile et al. (2022) state that throughout their official duties, police officers are expected to apply considerable discretion while evaluating a situation for an appropriate reaction. This is permitted because they all set aside their prejudices and assumptions.
Even when they exercise their judgment, the officers may face challenging problems regularly that may not be handled by following professional guidelines, formal instruction, or any other training. In such circumstances, officers are forced to make quick choices without the benefit of consulting with senior officers, ethical norms, or work regulations and procedures. At such a time, the officers may want to depend on utilitarianism to make an appropriate decision that will stand up to scrutiny in the future. Russo (2020) argues that utilitarianism is founded on the fundamental principle of increasing utility while promoting public happiness. This indicates that most people’s most incredible sense of fulfillment should be applied to determine whether something is correct or incorrect.
An officer entrusted with monitoring a huge pro-marijuana demonstration group may witness a member of the organization possessing the prohibited narcotic drug. Legally, the police are required to prosecute that person with the distribution of an illicit drug under the Controlled Substances Act (CSA), which is a serious indictable offense. However, from a utilitarian standpoint, the officer can either detain and prosecute the individual or not pursue the person (Maile et al., 2022). The decision is impacted by the implications that would occur if every person were permitted to use and peddle marijuana. If the officer considers that this regulation will benefit society, they should allow the sale to proceed. The arrest would be justified if the officer believed the law would harm society.
Law enforcement acts can also be evaluated from a deontological standpoint, which is more complicated than utilitarianism. Immanuel Kant shaped the theory on the premise that the outcome is not the most crucial consideration. Instead, determining the moral intent of a choice or action is the most critical factor. In the words of Maile et al. (2022), Kant proposes that people should think of the consequences of their actions as if they were universal. In a law enforcement setting, officers should consider the ramifications of their actions.
A lead investigator, for example, may consider tricking the media into deceiving an accused criminal into making a blunder and incriminating himself. When weighing this option against the universality rule, the individual must evaluate the negative consequences of the action, even if the lie was spoken to elicit a moral effect. Kant also thought that a person should never be used as a tool. A person’s ethical decision must not take advantage of another individual in any way. One example is when the lead investigator utilizes an informant to get information on another suspect while allowing the informant to have a charge dropped, despite knowing that this will not work.
Police Misuse of Force, and Lack of Fairness and Impartiality
Furthermore, the use of force and lack of fairness and impartiality within police departments have long been an ethical topic for debate or discussion. The rule of law allows the police to use force to restore order, which may differ depending on the circumstances. Russo (2020) states that force proportionate to the offense and circumstances can be considered fair. Impartiality is applied when a police officer safeguards the public from harm in the same way that they would protect themselves from any danger that may arise. However, there have been instances where the limits of police use have been pushed, such as in the incidents of Philando Castile and Eric Garner. The police are considered to have acted unethically based on the circumstances surrounding these arrests.
Racial Inequalities and Police Profiling
Racial disparities and profiling have also been cited as unethical issues plaguing the police force. These illegal activities occur when an officer repeatedly confronts members of a specific community, makes random arrests, or just uses a racial epithet against them (Russo, 2020). In most cases, this occurs when people who belong to these neighborhoods are a minority group in the area, causing some or all members of the dominant groups to perceive them as unwanted or invasive. In a research conducted by the Pew Research Center in the U.S. in 2019, the findings revealed that Black people are commonly treated dishonorably by the police (DeSilver et al., 2020). As identified in the survey, the view was supported by both the Black and White Americans.
Discrimination takes place as part of a campaign to force them out of the area or to make them feel inferior to other groups, resulting in psychological suffering. The code of ethics stipulates that law enforcement officers should be above reproach on such matters to serve the public according to the statutory provisions and absolute ethical practices (Maile et al., 2022). When police officers take sides on such issues, they should be deemed unfit to hold their positions as a matter of public security. An example of such an incident is the case that happened in Ferguson, Missouri, due to a series of protests and riots after the fatal shooting of Michael Brown. The case reinforced the understanding that it is unethical for a police officer or department to have a practice that suppresses members of other communities.
The code of ethics states that law enforcement agents must be above reproach in such circumstances to serve all members of the public per statutory provisions and absolute ethical norms. According to Russo (2020), when police officers take sides in such cases, they should be declared unfit to serve as a matter of public safety. One such occurrence occurred in Ferguson, Missouri, as a result of a series of protests and rioting following the tragic murder of Michael Brown. The case stressed that it is unacceptable for a police officer or department to engage in a practice that oppresses people of other communities.
Absence of Integrity
Although police officers swear an oath of office, it takes effort to internalize it and make it a part of them. Russo (2020) indicates that when officers’ loyalty to the force is violated, they lose the credibility that comes with the profession, which bestows public trust in their hands, making it unethical. A typical example of a lack of integrity is when an officer fails to act when someone close to them, such as a family member or friend, commits a crime. In this instance, the officer tends to do nothing so that he is not perceived as a traitor within society and can be counted on to win respect.
The revelation automatically compromises police integrity, rendering the officer ineligible to hold office since the individual cannot be entrusted to protect the public interest under the law. In some cases, the police have moved in to cover up their people or other officers who have been found complicit in matters relating to law and order, resulting in a breach of integrity within the department. Many cover-up cases have been documented in which the same law enforcers were found to be breaking the same law that they were sworn to uphold and enforce. This occurs when an entire department commits to protecting one of its own, hoping the same thing will surface someday.
Conclusion
Given the essential role that police agencies play in the country, ethics is critical in law enforcement. Even if the officers have the discretion to pick the best course of action, they will likely encounter a situation where utilitarianism and Kantian reasoning give opposite perspectives. However, utilitarianism and deontology assist officers in comprehending the available options and how to justify the choice. It is difficult to determine which alternative to pursue, but officers must consider all stakeholders, including witnesses, individuals suspected, society, the agency, and, of course, themselves. Law enforcement officers must also evaluate various additional ethical issues in their line of duty. These include the use of force, fairness and impartiality, racial inequalities, police profiling, and integrity in enforcing their mandate.
References
DeSilver, D., Lipka, M., & Fahmy, D. (2020). 10 things we know about race and policing in the U.S. Pew Research Center. Web.
Maile, A., Ritzenthaler, S., Thompson, A., & Kristjansson, K. (2022). Professional policing and the role of autonomy and discretion in decision-making: A qualitative study from a virtue ethical perspective. Policing: A Journal of Policy and Practice, 17. Web.
Russo, C. (2020). Ethics in law enforcement and intelligence. College of Safety & Emergency Services Academic Journal. Web.