ETHICS IN POLICING
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Ethics in Policing
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ETHICS IN POLICING
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Abstract
There is no doubt that policing practices must evolve with the times and situations. This
paper explores a number of circumstances that influence such practices. First, it describes how
terrorist activities within the US since the September 11th attacks have changed policing strategy.
Specifically, it addresses the issues of how law enforcement agencies at multiple levels have
experienced difficulty with data sharing and access, and how such practices influence the civil
liberties of individuals within our society. Second, the role of social stigma in policing is
addressed in terms of its influences on the vicious cycle of police corruption and police abuse of
force. Lastly, the issues of police conscience in assignments and suggestions for police training
are addressed. In an effort to prepare new police officers for the multitude of ethical dilemmas
they will undoubtedly face multiple suggestions are presented. Ethics in policing requires a
genuine commitment from the officer and a clear organizational structure.
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Terrorism immensely impacts the police mission within the United States. Feedback
from executed terror plots and terrorist activity should be constantly utilized to direct law
enforcement behavior and associated efforts. However, there must be a balance between
evolution of policing duties and protection of individuals’ civil liberties.
Since the terrorist attacks on 9/11, it has become increasingly important that law
enforcement at all levels-federal, state, and local-are able to address terrorist threats and other
concerns quickly and accurately. This includes identifying and preparing for threats, as well as
avoiding the execution of terrorist goals and missions. From a federal standpoint, the Federal
Bureau of Investigation has initiated new efforts to increase personnel and to spur sharing of
intelligence with other federal agencies. The Department of Homeland Security was created to
consolidate the efforts of addressing both terrorist attacks and natural disasters. Furthermore, the
Department of Defense began to focus on identification of suspected terrorists within the United
States (Waxman, 2008).
At the state and local levels, governments began to reorganize their bureaucracies
accordingly. Emphasis has shifted from being reactive to being increasingly proactive.
Furthermore, the focus on counterterrorism was funneled into policing at the lowest level. Such
measures were taken in an effort to increase awareness of suspected terrorist activity and to
facilitate the connecting of dots in terms of information sharing (Waxman, 2008).
It has been well-proven that terrorist groups recruit individuals at many levels, and from
varying backgrounds. For example, the activities of sleeper cells, which consisted of “normal”
community individuals, have been thwarted due to intelligence information shared at multiple
governmental levels, and have been heavily reliant upon local police agencies. Given that our
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United States law enforcement is charged with protecting our country, it may be required to stop
personnel through traffic stops and other seemingly minimal policing strategies. However, many
individuals may believe that the degree to which law enforcement can interrogate and carry out
policing activities should be limited, because such actions may interfere with civil liberties.
For instance, in an effort to protect citizens and intercept planned terror activities, law
enforcement may need to conduct intrusive investigations and intelligence gathering. Waxman
points out that there are several challenges in terms of constructing counter-terrorism strategies
while also maintaining an individual’s civil liberties. These challenges are associated with
organizational and administrative activity, accountability in policing, and conflicts between
intelligence gathering and traditional policing functions.
Organizational challenges within law enforcement agencies include making
accommodations to traditional police concerns to extend to national security concerns. In the
wake of the War on Terror, the issue of law enforcement alignment has been brought to the
forefront. It would appear that local police forces could be harnessed in such a way that the
community involvement would be well-suited for detecting abnormalities such as sleeper cells.
Local police would also be inherently aware of social tensions within a community, due to their
close involvement with the municipality’s dynamics. Despite the benefits of using local police
agencies as the front-line against terrorism, it becomes difficult to coordinate resources and
information across multiple agencies in such a manner that the results are timely and useful.
Moreover, legalities and procedures about how to share information between jurisdictions create
a complex problem, given the extreme variations in personnel, standard procedures, and
governing laws of local police forces across the country (Waxman, 2008).
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Multiple efforts have been made to ensure a two-way flow of information between local,
state and federal agencies. Terrorism-related information can be shared amongst varying
hierarchical levels of law enforcement agencies through the Joint terrorism Task Forces. The
Justice Department has also established a National Data exchange, which permits data mining of
public records for intelligence purposes. However, these actions increase the likelihood of
infringement upon civil liberties. For instance, the ability to easily collect, store, and share
personal information across multiple governmental agencies may leave many individuals
concerned. It may also increase the risk of accidental information sharing, which might
compromise the goal of thwarting an attack as planned (Waxman, 2008).
Social stigma greatly influences police ethics. If ethical standards within policing do not
exist, then social stigma, personal perceptions, biases, and the like reduce the ability to act in the
expected professional manner. When social stigma becomes the driving force behind an
officer’s policing duties, this leads to corruption and a lack of trust by the citizens they have
sworn to protect and serve. On the part of the community, many individuals may have preconceived notions or stigma about police in reference to their ethics or lack thereof. Indeed,
many have accepted the fact the police may lie, cheat, steal, use drugs or conduct other illegal
activities to achieve an arrest or gather information pertinent to an arrest (Alpert & Noble, 2009).
An additional example of how citizen’s stigma about police is tied to police ethics concerning
violent actions committed by police, as in the case of police initiated shootings. Many of us have
come to expect such actions as necessary evils.
In this manner, it would seem that police corruption and police abuses of force are
inherently linked together. Both corruption and abuse of force involve the intricacies of power
and politics. Police may use their power to act as though they are above the law, and not
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required to abide by the same laws that govern the behavior of others. This, in turn, creates a
slippery slope that leads to the abuse of police force, either directly or indirectly. Of course,
neither of these outcomes benefits society at large; however, officers may develop an opinion
that their actions, no matter how heinous, are justified if it leads to a desired outcome of
enforcing the law.
Individual conscience in policing assignments should not dictate police conduct, although
it inevitably factors into an officer’s actions and perceptions (Stroshine, Alpert, & Dunham,
2008). For instance, an officer who believes homosexuality is wrong should not permit a
homosexual to be abused simply because of their personal beliefs. In this case, the officer’s
conscience cannot be used as the rule or guide to carry out his duties. However, there are
instances in which one’s conscience might interfere with beliefs on morals and ethics. Such an
instance may involve a police opting out of an assignment because it might require the use of
drugs or blatant disrespect to a specific religious group. It must be made clear that conscience
does not justify the execution of unlawful acts. Furthermore, it must be communicated that such
conscience does not permit one to act above the law.
Training can be used to prepare incoming police officers for ethical dilemmas in multiple
ways. Supervisors should work to instill the meaning of their obligations, and tie this to the fact
that their personal prejudices and beliefs should not interfere with their duties. Police should be
trained with peer mentors to provide insight into seeming difficult ethical situations. This
strategy should allow a constant cycle of feedback to be obtained in real-time, between both the
apprentice officer and the mentoring officer. The apprentice officer should be exposed to a
variety of situational trials ranging from minor traffic stops to major crises, with attention given
to ethical practices and policies. There should also be a probationary period during which the
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essentials of good policing and law enforcement are practiced and critically assessed.
Thereafter, trainees should be exposed to increasingly difficult assignments, both in terms of
ethics and police skills.
In addition, officers should be encouraged during their training to make matters of
conscience known to their supervisors and peers. In this manner, many assignments can be made
with certain provisions in mind. Further, matters of conscience will be respected and can be
formally weighed. Training should also consist of case studies and clear policies that outline the
expected level of performance under a variety of circumstances. Again, it must be clarified that
their first duty is to uphold the law.
Ethics in policing requires a genuine commitment from the officer and a clear
organizational structure. Police must feel that they are respected and appreciated in carrying out
their duties. However, they should also understand that they too, must abide by the laws. In the
wake of recent terrorist activities, law enforcement officials must be aware of ethical dilemmas
that can occur. At multiple levels of law enforcement and government, there must exist the idea
that the mission is to protect and serve. This mission should not be hampered by personal beliefs
or biases.
Ideally, the mission of law enforcement should preserve the civil liberties of all
Americans. However, with increasing creativity in terrorist acts, it is becoming necessary to
infringe on the basics rights of others. This requires a delicate balance act, open-mindedness,
and unfortunately trial-and-error processing. There should continually be increased efforts to
involve communities to address such issues from their perspective. Such an approach may have
far-reaching implications in considering people’s ideas about civil liberties and identifying the
ETHICS IN POLICING
best ways to infringe on such liberties in the most minimal way possible, while also upholding
the principles of moral authority, ethics, and civic duty.
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References
Alpert, G. P., & Noble, J. J. (2009). Lies, True Lies, and Conscious Deception. Police Quarterly,
12(2), 237-254.
Stroshine, M., Alpert, G., & Dunham, R. (2008). The Influence of “Working Rules” on Police
Suspicion and Discretionary Decision Making. Police Quarterly, 11(3), 315-337.
Waxman, M. C. (2008). Police and National Security: American Local Law Enforcement and
Counter-Terrorism after 9/11. Journal of National Security Law & Policy, Vol. 3, p. 377,
2009.