Course Law Enforcement I Unit II Code of Ethics Essential Question Why is it important to have ethical police officers, and how can a police agency attempt to weed out the unethical ones? TEKS 130.293(c) (4)(A)(B)(C) (D)(E) Prior Student Learning None Estimated Time 3 to 5 hours Code of Ethics Rationale A law enforcement officer must know what it means to have ethics. They must understand the consequences of unethical behavior and how it can affect society as a whole. Objectives The student will be able to: 1. Define terms associated with ethics. 2. Discuss where ethics come from and why they are important in society. 3. Analyze the types of corrupt officers and the police subculture. 4. Assess how to make an ethical decision. 5. Examine ways to reduce corruption in law enforcement. 6. Role play an officer forced to make an ethical decision. Engage Have the students write down their personal code of ethics the one that they live by daily, or when decisions must be made. It can include how they decide to treat others or their limits in questionable situations. Use the Writing Rubric to assess the students work. When the writing exercise is complete lead the students in a discussion. Use the following questions and the Discussion Rubric: What does it mean when someone is referred to as ethical? Why is it important for a police officer to have ethics? Who is affected by unethical officers and how? Is breaking the law to catch a criminal a good act? Does the good end of crime control justify bad means? Key Points I. Police and society A. The mission of law enforcement in protecting a democratic society: 1. To fight crime 2. To serve and protect 3. To promote public safety 4. To enforce the law 5. To provide due process and equal protection for all B. The police work for the citizens of the community who employ them C. Police officers have a duty to protect the community, even to the point of death D. Police officers have tremendous power in our society: 1. The power to arrest 2. The power to mediate or to charge 3. The power to use force 1
4. The power of life and death E. Police Authority 1. Entitlement to an unquestioned obedience that derives from fulfilling a specific role 2. The officer has power simply because he or she is a police officer. F. Police Power 1. Power is the means to dominate others. 2. The term power implies that there might be resistance to overcome. If there is resistance, it will be crushed. G. According to Social Contract Theory 1. Each person gives up complete freedom in exchange for the guaranteed protection of society from others. 2. Police power is part of this quid pro quo. 3. Police power exists to provide protection. 4. Since police power may also violate protection if abused, it is limited to what is necessary for protection. II. The role of the U.S. Constitution in police work A. The United States Constitution offers protections to citizens from unreasonable intrusions in their life by law enforcement. B. Police officials must have exceptions to violate these protections and these exceptions must be proven in court: 1. Reasonable suspicion 2. Probable cause 3. Warrant signed by a judge C. Rules and laws in relation to police officials and the U.S. Constitution are defined in court cases; their application to law enforcement is ever changing. D. This separation of powers in the criminal justice field maintains the integrity of the system while protecting innocent people from corrupt officers. III. Ethics in law enforcement A. Ethics a code of values which guides our choices and determines the purposes and courses of our lives B. The importance of ethics in law enforcement 1. Career survival 2. Media coverage 3. Community view of agency 4. In-house dissension 5. Personal stress 6. Innocent people can suffer C. The origins of ethics 1. Upbringing 2. School 3. Religion 4. Friends 2
5. Society as a whole IV. Threats to ethical conduct A. Corruption 1. Exploiting one s position for personal gain at the expense of those one is authorized to serve. 2. Police corruption is a worldwide problem. B. Noble Cause Corruption 1. Involves officers employing unethical means to catch criminals because it s the right thing to do. 2. Perceived by officers as a fulfillment of their profound moral commitment to make the world a safer place to live. C. Discrimination 1. Occurs when a discretionary decision maker treats a group or individual differently from others for no justifiable reason 2. Individual prejudices and perceptions of groups may influence an officer s decisions. 3. Everyone has prejudice; we just need to identify what it is and not act on it. D. Graft exploitation of one s role by accepting bribes or protection money E. Excessive Force occurs when an officer goes beyond what is necessary for arrest, or has no lawful reason to use force at all but does F. Racial Profiling stopping an individual based solely on racial characteristics V. Other possible ethical issues in law enforcement A. Duty 1. The responsibilities attached to a specific role 2. It is important for an officer to properly understand their role in society so citizens constitutional rights are not violated. B. Discretion the option to choose between two or more courses of behavior C. Gratuities items of value given because of role or position, rather than a personal relationship D. Police Subculture 1. An unofficial fraternity of police officers that promotes an us versus them mentality because they a. Typically form a homogenous social group b. Have a uniquely stressful work environment c. Participate in a basically closed social system 2. Characteristics of Police Subculture a. Cynical b. Isolated, alienated c. Defensive, distrustful d. Authoritarian, dogmatic e. More conservative than the general public 3
f. Value equality less than the general public g. Value obedience over independence VI. Types of corrupt officers A. Grass-eaters 1. Passively corrupt 2. Opportunistic ethical violations 3. Take bribes and gratuities 4. Accept unsolicited protection money B. Meat-eaters 1. Actively corrupt 2. Regular ethical violations 3. Participate in shakedowns 4. Rob drug dealers 5. Shop" at burglary scenes 6. Engage in criminal activities VII. Police discipline within Internal Affairs A. An internal discipline system where police investigate themselves B. This may be a separate division within the department or cases may be given to supervisors to investigate as complaints arise C. The assigned investigators follow up on reports by citizens and other officers about other officers misbehavior or unethical choices. D. Sometimes a committee is formed that will make a recommendation to the chief on what the punishment should be for the officer found guilty of unethical behavior. VIII. Ethical decision-making in law enforcement A. Every decision made should be assessed through application of the following questions: 1. Is it legal? 2. Is it fair to all concerned? 3. How will the decision make me feel about myself? B. Other standards 1. The Bell are there warnings in your head? 2. The Book are there any codes being violated? (penal code, CCP, SOPs) 3. The Candle will the decision withstand public scrutiny? IX. Enhancing public trust in police A. Methods to enhance the public s trust in law enforcement 1. A tough hiring process with high qualifications helps weed out the potential bad future employees from the good. 2. Qualifications include a. Clean or limited criminal record b. Good work history c. Lack of or limited history of drug abuse d. At least some college education or military experience 4
3. A good hiring process includes a. Extensive background investigation b. Polygraph test c. Oral review board d. Psychological examination e. Physical examination B. Good training brings ethical issues to light and reminds officers of what to be aware of. This can happen in 1. Police academy 2. Field training 3. In-service training C. Other ways to reduce corruption 1. Increase pay 2. Eliminate unenforceable laws 3. Establish civilian review boards 4. Improve leadership 5. Set realistic goals and objectives 6. Provide a written code of ethics 7. Provide a whistle blowing procedure that ensures fair treatment for all parties 8. Rotate assignments D. Civilian review/complaint model discipline approach 1. An independent civilian agency audits complaints and investigations. 2. Police still investigate and conduct the discipline proceeding. 3. This can provide more transparency and trust with the department and the public. X. Police and Ethics Conclusion nearly every decision a law enforcement officer makes is an ethical one and can have long-lasting consequences in society, for good or bad. Activities Code of Ethics Role Play: have the students imagine they are officers at the local police department, and then create an ethical dilemma scenario. This could be in the form of another officer doing something illegal or the officer being in a situation where a tough legal decision must be made. An example is a domestic disturbance in which, according to the law, someone must be arrested, even though it may have profound effects on the family and their finances. After each student writes his or her scenario, have the students trade scenarios to role play an officer in each other s scenario. Have the student playing the officer make a decision based on the Code of Ethics studied including the U.S. Constitution. Use the Role Play Rubric for assessment. Assessments Code of Ethics Exam and Key Code of Ethics Open-note Quiz and Key 5
Discussion Rubric Research Rubric Role Play Rubric Writing Rubric Materials Code of Ethics computer-based presentation Resources 020547893X, Fagin, James. Criminal Justice: Prentice Hall, 2007. Texas Commission on Law Enforcement Officers Standards and Education (TCLOESE) Training Officer s experience on-the-job Accommodations for Learning Differences For reinforcement, the students will choose a police agency they are interested and research what the hiring requirements are. Use the Research Rubric for assessment. For enrichment, students will research stories in the news about corrupt police officers. Use the Research Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education 130.293. Law Enforcement I. (One to Two Credits). (4) The student understands ethical behavior standards required for law enforcement personnel. The student is expected to: (A) explain the role of the United States Constitution in relation to the development and implementation of law enforcement; (B) evaluate individual ethical behavior standards; (C) analyze legal and ethical behavior standards protecting citizens' constitutional rights; (D) demonstrate strategies to enhance public trust; and (E) explain the mission of law enforcement in protecting a democratic society. College and Career Readiness Standards Social Studies Standards I. Interrelated Disciplines and Skills F. Problem-solving and decision-making skills 1. Use a variety of research and analytical tools to explore questions or issues thoroughly and fairly. 2. Analyze ethical issues in historical, cultural, and social contexts. 6
Name: Date: Code of Ethics Exam Matching: 1. Items of value given because of role or position, rather than a personal relationship 2. Stopping an individual based solely on racial characteristics 3. An internal discipline system where police investigate themselves 4. The responsibilities attached to a specific role 5. The option to choose between two or more courses of behavior 6. An unofficial fraternity of police officers that promotes an us versus them mentality 7. Exploitation of one s role by accepting bribes or protection money 8. Exploiting one s position for personal gain at the expense of those one is authorized to serve 9. Occurs when a discretionary decision-maker treats a group or individual differently from others for no justifiable reason 10. Occurs when an officer goes beyond what is necessary for arrest or has no lawful reason to use force but uses it anyway 11. A code of values which guide our choices and determines the purpose and course of our lives 12. Involves officers employing unethical means to catch criminals because it s the right thing to do 13. An independent civilian agency that audits complaints and investigations against police a) Discretion b) Duty c) Police Subculture d) Racial Profiling e) Gratuities f) Internal Affairs g) Noble Cause Corruption h) Excessive Force i) Discrimination j) Ethics k) Graft l) Corruption m) Civilian Review/Complaint Model Discipline Approach 7
Multiple Choice: 14. What is not the mission of law enforcement in protecting a democratic society? a) To fight crime b) To serve and protect c) To protect the vested interests of the police department d) To provide due process and equal protection for all e) To promote public safety 15. Whom specifically do the police serve? a) The chief b) The city council c) The citizens d) The courts 16. To what point does the police officer have the duty to protect the community? a) To the point of physical exhaustion b) To the point of mental exhaustion c) To the point of psychological exhaustion d) To the point of death 17. What do police not have power to do in our society? a) The power to arrest b) The power to mediate or to charge c) The power to use force d) The power of life and death e) All of the above 18. This is the means to dominate others. It implies that there might be resistance to overcome. If there is resistance, it will be crushed. a) Police Authority b) Police Power 19. This is the entitlement to unquestioned obedience that derives from fulfilling a specific role. The officer has power simply because he or she is a police officer. a) Police Authority b) Police Power 20. According to the Social Contract Theory, in Quid Pro Quo, what does each person give up in exchange for the guaranteed protection of the society against others? a) Complete freedom b) Democracy c) The right not to pay taxes d) All of the above 21. What offers protection to citizens from unreasonable intrusions in their lives by law enforcement? a) Declaration of Independence b) U.S. Constitution c) Police department policy d) An officer s own conscious 8
22. What is an example of an exception to the rights afforded to citizens by the U. S. Constitution? a) Reasonable suspicion b) Probable cause c) A warrant d) All of the above 23. Where are the U.S. Constitution and other laws sometimes defined in regard to their application to law enforcement? a) The local city council b) The Chief s office c) Court cases d) The executive branch of the state (the Governor) 24. Which is a reason ethics are important to law enforcement? a) Career survival b) Increasing the number of arrests c) Innocent people can suffer d) A and C only 25. What is not a place we get our ethics from? a) Society as a whole b) Religion c) Our upbringing d) None of the above 26. Police corruption is a rare problem in most parts of the world. a) True b) False 27. Everyone has some form of prejudice. Officers must not act on theirs. a) True b) False 28. What, when specifically studied, is important for an officer to properly understand so citizens Constitutional rights are not violated? a) Their role in their police department b) Their department s Standard Operating Procedure c) Their duty d) Their law book 29. The police subculture attempts to break through the cynical nature and isolation that police work can bring a person. a) True b) False 30. This officer is actively corrupt. a) Grass-eater b) Meat-eater 31. This officer engages in criminal activities. a) Grass-eater b) Meat-eater 9
32. This officer takes bribes and gratuities. a) Grass-eater b) Meat-eater 33. This officer shops at burglary scenes. a) Grass-eater b) Meat-eater 34. This officer takes advantage of opportunistic ethical violations. a) Grass-eater b) Meat-eater 35. This officer is passively corrupt. a) Grass-eater b) Meat-eater 36. This officer regularly engages in ethical violations. a) Grass-eater b) Meat-eater 37. This officer robs drug dealers. a) Grass-eater b) Meat-eater 38. This officer accepts unsolicited protection money. a) Grass-eater b) Meat-eater 39. This officer participates in shakedowns. a) Grass-eater b) Meat-eater 40. Every decision we make should not be assessed with which of the following questions? a) Is it legal? b) Is it fair to all concerned? c) Is something I need to keep to myself? d) How will the decision make me feel about myself? 41. In making an ethical decision in law enforcement, what would be the symbol for seeing if the decision will withstand public scrutiny? a) The bell b) The book c) The candle 42. In making an ethical decision in law enforcement, what would be the symbol for the warnings in your head? a) The bell b) The book c) The candle 43. In making an ethical decision in law enforcement, what would be the symbol for seeing if any codes would be violated? 10
a) The bell b) The book c) The candle 44. Which provides more transparency and trust with the department and the public? a) Internal Affairs b) Civilian Review/Complaint Model Discipline Approach 45. A committee formed to make a recommendation to the police chief for the punishment of an officer who has been found guilty of unethical behavior would be a characteristic of what? a) Internal Affairs b) Civilian Review/Complaint Model Discipline Approach 46. Which of the following is not one of qualifications a police department would use in their hiring process to weed out the good potential employees from the bad ones? a) Clean or limited criminal record b) Good work history c) No limits on history of drug abuse d) At least some college education or military experience 47. A good hiring process will include a) Extensive background investigation b) Polygraph test c) Oral review board d) Psychological Examination e) Physical Examination f) All of the above 48. By the time an officer is in field training, undergoing ethics training would be too late to have much of an impact. a) True b) False 49. Increasing pay for police officers is one way to reduce corruption. a) True b) False 50. A written code of ethics is an effective way to reduce corruption. a) True b) False 11
1. E 2. D 3. F 4. B 5. A 6. C 7. K 8. L 9. I 10. H 11. J 12. G 13. M 14. C 15. C 16. D 17. E 18. B 19. A 20. A 21. B 22. D 23. C 24. D 25. D 26. B 27. A 28. C 29. B 30. B 31. B 32. A 33. B 34. A 35. A 36. B 37. B 38. A 39. B 40. C 41. C 42. A 43. B 44. B 45. A 46. C 47. F 48. B 49. A 50. A Code of Ethics Exam Key 12
Name: Date: Code of Ethics Open-note Quiz What involves officers employing unethical means to catch criminals because it s the right thing to do? 1. What is an independent civilian agency that audits complaints and investigations against police? 2. What are items of value given because of role or position, rather than a personal relationship? 3. What is the term for stopping an individual based solely on racial characteristics? 4. What is an internal discipline system where police investigate themselves? 5. What is an unofficial fraternity of police officers that promotes an us versus them mentality? 6. What is exploitation of one s role by accepting bribes or protection money? 7. What is exploiting one s position for personal gain at the expense of those one is authorized to serve? 8. What are the responsibilities attached to a specific role? 9. What is the option to choose between two or more courses of behavior? 10. What occurs when a discretionary decision-maker treats a group or individual differently from others for no justifiable reason? 13
11. What occurs when an officer goes beyond what is necessary for arrest or has no lawful reason to use force but uses it anyway? 12. What is a code of values which guide our choices and determines the purpose and course of our lives? 13. List at least two different types of missions of law enforcement in protecting a democratic society. 14. 15. Whom specifically do the police serve? 16. To what point does the police officer have the duty to protect the community? 17. Name two kinds of powers police have in our society? 18. 19. What is the means to dominate others and implies that there might be resistance to overcome that will be crushed? 20. What is the entitlement to unquestioned obedience that derives from fulfilling a specific role where the officer has power simply because he or she is a police officer? 21. 14
What happens in Quid Pro Quo? 22. What does the U.S. Constitution do? 23. List an example of an exception to the rights afforded to citizens by the U. S. Constitution? 24. Where are the U.S. Constitution and other laws sometimes defined in regard to their application to law enforcement? 25. List two reasons why ethics are important to law enforcement? 26. 27. Name two origins of ethics? 28. 29. What is a worldwide problem? 30. What does everyone have a form of? 31. What is important for an officer to properly understand so citizens Constitutional rights are not violated? 15
32. List two characteristics of the police subculture. 33. 34. List two characteristics of a grass-eater. 35. 36. List two characteristics of a meat-eater. 37. 38. List one of the questions every decision we make should be assessed with? 39. What is the bell? 40. What is the book? 41. What is the candle? 42. List at least two qualifications a police department would use in their hiring process to weed out the good potential employees from the bad ones? 43. 44. Name two things a good hiring process includes? 45. 16
46. Name one place in which ethics training can happen? 47. List two effective ways to reduce corruption? 48. 49. List at least one comparison between Internal Affairs and the Civilian Review/Complaint Model Discipline Approach. 50. 17
Code of Ethics Open-note Quiz Key 1. Noble Cause Corruption 2. Civilian Review/Complaint Model Discipline Approach 3. Gratuities 4. Racial Profiling 5. Internal Affairs 6. Police Subculture 7. Graft 8. Corruption 9. Duty 10. Discretion 11. Discrimination 12. Excessive Force 13. Ethics 14. To fight crime 15. To serve and protect; To promote public safety; To enforce the law; To provide due process and equal protection for all 16. The citizens 17. To the point of death 18. The power to arrest 19. The power to mediate or to charge; The power to use force; The power of life and death 20. Police Power 21. Police Authority 22. Each person gives up complete freedom in exchange for the guaranteed protection of the society against others 23. Offers protections to citizens from unreasonable intrusions in their life by law enforcement 24. Reasonable suspicion, Probable cause, A warrant 25. Court cases 26. Career survival 27. Media coverage, community view of the agency, in-house dissension, personal stress, innocent people can suffer 28. Society as a whole 29. Religion, Upbringing, Friends 30. Police corruption 31. Prejudice 32. Their duty 33. Cynical 18
34. Isolated, alienated, defensive, distrustful, authoritarian, dogmatic, more conservative than the general public, value equality less than the general public, value obedience over independence 35. Takes bribes and gratuities 36. Takes advantage of opportunistic ethical violations, passively corrupt, accepts unsolicited protection money 37. Actively corrupt 38. Engages in criminal activities, shops at burglary scenes, regularly engages in ethical violations, robs drug dealers, participates in shakedowns 39. Is it legal? Is it fair to all concerned? How will the decision make me feel about myself? 40. The symbolic symbol for the warnings in your head 41. The symbolic symbol for seeing if any codes would be violated 42. The symbolic symbol for seeing if the decision will withstand public scrutiny 43. Clean or limited criminal record 44. Good work history; lack of or limited history of drug abuse; at least some college education or military experience 45. Extensive background investigation 46. Polygraph test, oral review board, psychological examination, physical examination 47. Police academy, field training, in-service training 48. Increase pay 49. Eliminate unenforceable laws, establish civilian review boards, improve leadership, set realistic goals and objectives, provide a written code of ethics, provide a whistleblowing procedure that ensures fair treatment for all parties, rotate assignments 50. Internal Affairs An internal discipline system where police investigate themselves This may be a separate division within the department, or cases may be given to supervisors to investigate as complaints arise The assigned investigators follow up on reports by citizens and other officers about other officers misbehavior or unethical choices Sometimes a committee is formed that will make a recommendation to the chief on what the punishment should be for the officer found guilty of unethical behavior Civilian Review/Complaint Model Discipline Approach An independent civilian agency audits complaints and investigations Police still investigate and conduct the discipline proceeding More transparency and trust with the department and the public 19
Name Date Objectives 4 pts. Excellent Discussion Rubric 3 pts. 2 pts. Needs Some Good Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 20
Name Date Objectives Question/goal Student identified and communicated a question or goal of the research 4 pts. Excellent Research Rubric 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research Reflection Student reflected on the importance of the research and its potential application Total Points (20 pts.) Comments: 21
Name: Date: Role Play Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Relates to the audience Provides fluent rendition of the scenario All required content is included Acts with feeling and expression Varies intonation Presents characters appropriately Gives the scenario its full range Breaches are easily identified Total Points (32 pts.) Comments: 22
Name: Date: Writing Rubric Objectives The writing has all required parts from introduction to conclusion in smooth transition. The writing is interesting, supportive, and complete. The writing demonstrates that the writer comprehends the writing process. Accurate spelling, grammar, and punctuation 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. The content of paragraphs emphasizes appropriate points. The writer shows an understanding of sentence structure, paragraphing, and punctuation. All sources and references are clearly and accurately documented. Total Points (28 pts.) Comments: 23