1 Professionalism and Ethics All

Professionalism and Ethics

Navarro College Police Academy

Objectives

Discuss the concept of professionalism.

Discuss the characteristics of professionalism.

Discuss the Law Enforcement Code of Ethics.

Discuss ethical dilemmas in law enforcement.

Discuss the differences between physical and moral courage.

Discuss Title 8 of the Texas Penal Code in relationship to an officer’s behavior.

Explain relevant federal criminal law in relationship to an officer’s behavior.

List civil penalties for sexual harassment and inappropriate officer conduct.

unit goal

Understand and respect professionalism as it applies to law enforcement.

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Profession

• Its earliest meaning comes from those professing the vows of a religious order.
• It meant the act of professing, a spiritual commitment, a range of academic expertise or both.
• By 1675 the term was secularized.

Professio

Professiona

Characteristics

Profession

Earliest meaning was religious

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Profession

The occupation which one professes to be skilled in and to follow. A vocation in which professed knowledge of some branch of learning is used in its application to the affairs of others, or in the practice of an art based upon it. Applied specifically to the three learned professions of divinity, law, and medicine; also, the military profession."

Professio

Professiona

Characteristics

Profession

Definition

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Professional

A professional is one who is "engaged in one of the learned or skilled professions, or in a calling considered socially superior to a trade or handicraft."

Professio

Professiona

Characteristics

Professional

Definition

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Professional

1. Service to others
2. Assessment of client needs
3. Theoretical body of knowledge obtained through extended pre-service education
4. Standards for entry, practice, and ethical conduct
5. Professional association to maintain standards
6. Continuing education and lifelong learning

Professio

Professiona

Characteristics

Professional

6 Characteristics

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Law Enforcement Officers are Professionals

Professionals profess to know better than others the nature of their specialty, and to know what is best for their client in this specialty. Although law enforcement officers are not typically included in the secular definition of a “professional,” law enforcement officers are professionals by every definition of the word. Additionally, the law enforcement profession meets every criteria of a “profession.”

A profession is a vocation that meets the following requirements:

Common Good

Specialized

The members share a commitment to promoting the common good.

The members possess a specialized body of knowledge, not easily acquired, accomplished through advanced education or training.

Ethical

Service-Oriented

The members share a commitment to serving clients and/or the public.

The members share a professional creed or code of ethics that effectively holds themselves and their colleagues to a higher standard of behavior than is the norm for other vocations.

Discussion

Identify the characteristics of a “profession” that make law enforcement a “profession.” Identify the characteristics of a “professional” that make the law enforcement officer a “professional.”

Discuss the importance of professionals in the law enforcement profession.

FILL IN THE BLANKS

police officer

professional

professor

A _____________ is one who is "engaged in one of the learned or skilled professions, or in a calling considered ________________ to a trade or handicraft"

professional

socially superior

socially inferior

equal

socially superior

Navarro College Police Academy

Discuss the necessity of professionalism as it relates to procedural justice, legitimacy and unbiased law enforcement decisions.

Discuss both positive and negative examples of professionalism.

Discussion

Discuss the advantages and disadvantages of professionalism as it relates to law enforcement.

Professionalism in Law Enforcement

Advantages

Disadvantages

• cost of training and development
• higher salaries or remuneration for job occupant
• limited entry into the work force from poor because of limited opportunity for educational attainment

• Public or client better served
• Quality of peace officer is improved
• ethical conduct
• more effective problem solving
• stronger community support and respect
• stronger role in the criminal justice system
• more effective innovations
• financial rewards

The best way to understand the concept of professionalism is to think of occupations differing as to the degree that they are professional. The degree to which an occupation meets the definition of "profession" should be assessed by measuring the occupation on certain key characteristics. It also follows that individuals will vary as to their compatibility with the characteristics and qualities of professionalism.

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"Every calling is great when greatly pursued."

- Oliver Wendell Holmes

TCOLE Test Prep

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Professionalism and Ethics 1.2

Discuss the Characteristics of Professionalism

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unit goal

Understand and respect professionalism as it applies to law enforcement.

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Police Legitimacy and Procedural Justice

Police legitimacy means people have trust and confidence in the police, accept police authority, and believe officers are fair. Officers build public confidence by:

Treating people with dignity and respect

Making decisions fairly, based on facts, not illegitimate factors such as race

Giving people “voice,” a chance to tell their side of the story

Acting in a way that encourages community members to believe that they will be treated with goodwill in the future

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Police Legitimacy

Departments that employ the principles that build police legitimacy and public confidence are rewarded with...

3.

1.

Stronger public support for police

Higher levels of public cooperation with police efforts to address crime

4.

2.

Greater deference to police in interactions with community members

Increased compliance with the law

Police Legitimacy and Procedural Justice applied

Giving Voice to all Parties

Impartiality

Fairness and Consistency

Transparency

Fairness and Consistency

The first pillar of procedural justice is fairness and consistency of rule application. Perceptions of fairness are driven not only by outcomes but also by the fairness and consistency of the processes used to reach those outcomes. The perception of fairness is not just about outcomes. People consider both the outcome of a decision and the process by which the decision was made when forming their opinion about whether a decision was fair. Often, the outcome of an interaction is less important than the interaction itself—whether respectful treatment was experienced by the parties involved. In short, the process of decision-making matters, the process of having a respectful conversation with a community member matters, and the process through which an outcome is arrived at matters.

Giving voice to all parties

The second pillar of procedural justice concerns voice. All people want to be heard and involving people or groups in the decisions that affect them affects their assessment of a given situation. Everyone wants to feel as though they have a measure of control over their fate; having voice in situations that may be somewhat out of their control (such as whether they get a traffic ticket) helps them to feel that their opinions matter and that someone is listening to their side of the story, taking them seriously, and giving some consideration to their concerns.

transparency

The third pillar of procedural justice is transparency and openness of process. Transparency means that the processes by which decisions are made do not rely upon secrecy or deception. In other words, decisions unfold out in the open as much as possible as opposed to behind closed doors. Nobody likes to feel that their future is being decided upon another person’s whim; we like to be able to see how things are unfolding so that we can come to understand the ultimate result of a decision. When officers are as transparent as possible, community members are more likely to accept officers’ decisions—even if they are unfavorable to them.

impartiality

The fourth pillar of procedural justice is impartiality and unbiased decision making. Impartial decisions are made based on relevant evidence or data rather than on personal opinion, speculation, or guesswork. Americans have a strong sense of fairness, and especially in our media-driven society— which allows for instant answers to nearly every question via the Internet—we want the facts. When people take the extra few minutes to make apparent to others the data used to make decisions, understanding and acceptance readily ensue.

Misuses of the term:

Many confuse professionalism with an image of the officer who is cool and aloof, showing no feeling, with a crisp uniform, shined shoes, reflective sunglasses, using high technology as an expert at fighting criminals or, it has been used in the context of sports to mean anyone who is paid for their work (i.e., the opposite of amateur).

Discuss how professionalism, legitimacy, and procedural justice relate.

Discuss how legitimacy and procedural justice can be applied to everyday law enforcement situations.

Identify examples of how legitimacy and procedural justice can both be enhanced and/or compromised within a community.

The value of the

professional model for law enforcement

Advantages

• Public better served.
• Quality of peace officers is improved.
• Ethical conduct
• More effective problem-solving
• Stronger community support and respect
• Stronger role in the criminal justice system
• More effective innovations
• Financial rewards

Disadvantages

• Cost of training and development
• Higher salaries or remuneration for job occupant
• Limited entry into the work force from poor because of limited opportunity for educational attainment

Cultivating Relationships through Procedural Justice and Community Policing:

A Model for Law Enforcement Officers and their Organizations

Problem-Solving

Partnerships

Organizational Transformation

Partnerships

Refers to collaborative partnerships between law enforcement agencies and the individuals and organizations they serve to develop solutions to problems and increase trust. Partners with law enforcement may include local government agencies or departments, community groups, SART, nonprofit organizations, social service providers, private businesses, and members of the media.

Problem-Solving

Refers to the process of engaging in the proactive and systematic examination of identified problems to develop and rigorously evaluate effective responses. Key components of problem-solving include the following:

Problem-Solving

Analysis:

Response:

Assessment:

Victim Offender Location:

Scanning:

Identifying and prioritizing problems.

Using the crime triangle to focus on immediate conditions .

Researching what is known about the problem.

Developing solutions to bring about lasting reductions in the number and extent of problems.

Evaluating the success of the responses.

Organizational Transformation

Refers to the alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem-solving. Community policing, like procedural justice, should permeate the agency at all levels.

It is important to be able to distinguish between professional and non-professional behavior. Sometimes the line is very narrow; sometimes there is a behavioral continuum.

Identify recent case studies and/or examples of law enforcement officers acting professionally and ethically.

Discuss the potential impact of both ethical and unethical behavior on community /police partnerships.

Discussion

Identify recent case studies and/or examples of law enforcement officers acting unethically and unprofessionally.

TCOLE Test Prep

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Professionalism and Ethics 1.3

Discuss the Law Enforcement Code of Ethics

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unit goal

Understand and respect professionalism as it applies to law enforcement.

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Code of Ethics: Example

Professional law enforcement organizations embrace a strict code of ethics. Additionally, professional law enforcement organizations adopt a personal code of ethics they expect their organization and personnel to embrace. The following is the International Association of Chiefs of Police Code of Ethics:

As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality, and justice.

Professio

Professiona

Characteristics

Profession

International Association of Chiefs of Police Code of Ethics

I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.

Professio

Professiona

Characteristics

Profession

International Association of Chiefs of Police Code of Ethics

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

Professio

Professiona

Characteristics

Profession

International Association of Chiefs of Police Code of Ethics

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

Professio

Professiona

Characteristics

Profession

International Association of Chiefs of Police Code of Ethics

Professio

Professiona

Characteristics

Profession

I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence.

International Association of Chiefs of Police Code of Ethics

Professio

Professiona

Characteristics

Profession

I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession... law enforcement.

International Association of Chiefs of Police Code of Ethics

Discuss the significance of a Code of Ethics in law enforcement.

Discuss what the Code of Ethics is or should be to a law enforcement officer.

Discussion

Discuss the meaning of a Code of Ethics to you.

TCOLE Test Prep

Navarro College Police Academy

TCOLE Practice

TCOLE Most-Missed Question

This question ties into the ethical responsibility of officers to ensure thoroughness and integrity in their investigations.

TCOLE Practice

This relates to ethical communication and the duty of officers to de-escalate situations, showing respect and understanding for individuals in crisis.

TCOLE Practice

This question directly ties into the ethical responsibility to intervene in cases of excessive force, which is a key element of the TCOLE Code of Ethics.

Professionalism and Ethics 1.4

Discuss ethical dilemmas in law enforcement.

Navarro College Police Academy

unit goal

Understand and respect professionalism as it applies to law enforcement.

Navarro College Police Academy

Discuss ethical dilemmas in law enforcement.

Much current public and private concern centers on our own values or our lack of them. Many of our institutions and, indeed, the American way of life are attacked for placing value on the wrong things. Every aspect of human behavior is influenced by personal values, but values are not easily defined or achieved. Their definitions and interpretations vary from period to period, location to location, person to person, group to group, and situation to situation. Some human values have remained intact through centuries (for example, courage) and some have declined and been revived (for example, respect for life).

Professio

Professiona

Characteristics

Profession

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Discussion

Identify needed changes as law enforcement advances into a new era of policing. Discuss how legitimacy and procedural justice relate to law enforcement’s Code of Ethics.

Discuss the values, morals, and ethics that have changed in law enforcement.

DESCRIPTION OF THE ETHICAL ROLE

The ethical role is performed by being objective, impartial, neutral, and ethical in personal behavior and in functioning as a representative of the criminal justice system. The ethical role is also that of a professional. Being ethical is a critical component of being professional. Being professional is a critical component of being ethical. Considering legitimacy and procedural justice, law enforcement officers and their organizations cannot and should not separate and/or differentiate between the two – they go hand in hand.

Professio

Professiona

Characteristics

Navarro College Police Academy

Elements of the ethical role:

• To act in a manner that reflects belief in the fundamental value of ethical behavior and in application of this value to your job.

• To conduct daily activities in an objective manner striving to be uninfluenced by emotion, personal prejudice, or insufficient evidence.

• To provide objective and constructive assistance or information to all persons, regardless of personal feelings.

• To assist the public to understand how they can help in achieving objective and ethical behavior.

• To embrace fairness and consistency, giving a voice to all parties, transparency and impartiality.

Cornerstone of the Ethical Role

Pillars of Character

• Trustworthiness
• Respect
• Responsibility
• Fairness
• Caring
• Citizenship

Discussion

How do the pillars of character describe you?

Discuss the significance of character in the law enforcement profession.

Degradation of Legitimacy

Benefits from role performance:

Behavior that ignores the basic goals of the criminal justice system and which only serves individual or agency-oriented motives tends to confuse people, causes them to lose confidence in the system, and runs counter to the reason that the system exists. This can be referred to as the degradation of legitimacy. Sometimes short-term goals (such as getting promoted), or those of the agency (such as getting a new computer or obtaining approval of a budget), seem to be the most important. When this is allowed to happen, the long-term goals established for the organization, such as crime prevention, justice for all, and protection of the rights of the individual and society, tend to become obscured or displaced by the short-term goals. To prevent this from happening, remember: that the prime beneficiary of the criminal justice system is the public served.

Motivation for Ethical Behavior

Personal Advantage:

Approval:

Religion:

Habit:

Inner Benefit:

Virtue is its own reward.

Ethical decisions can fit in with upbringing or training. .

It is prudent to be ethical. It is good business.

Being ethical leads to self-esteem, the admiration of loved ones and the respect of peers.

Good behavior can please or help a deity.

Obstacles to Ethical Behavior

Pursuit of happiness

Self-interest

Ethical behavior:

Ethics involves the definition and achievement of what is good or bad, right, or wrong, in relation to moral duty and obligation. It also includes the need to act in accordance with the principles of right and wrong governing the conduct of a particular group, such as doctors and lawyers. Suggested police ethics have been spelled out in the Code of Ethics of the International Association of the Chiefs of Police. In the study of ethics, it is critical to understand that the motive is as important as the act. If a person refrains from stealing only because s/he fears prison, s/he cannot really be viewed as ethical.

Components of Consistent Ethical Behavior

Moral motivation

Moral sensitivity

The desire to do the right thing and to be a good and ethical person.

The ability to recognize the presence and nature of ethical issues; the awareness that a situation represents an ethical problem that requires an ethical decision.

Moral character

Moral judgment

The ability to make the right ethical decision; to determine the morally correct and wisest course of action. This requires the use of critical thinking skills and the ability to prioritize competing ethical principles and values

Possessing the maturity, courage, and discipline to follow through and do what you know is right in situations of strong temptation and/or great pressure from others.

Moral progress depends on the willingness to improve the consistency of ethical judgment and behavior and to apply the same principles more thoroughly to conduct involving other people. Primitive people recognized few, if any, obligations to those outside their tribe. But modern people in this shrinking world must recognize their obligations to humanity in general.

It is much easier to hold ideals than to live up to them. To convince someone of his/her duty by reasoning does not necessarily induce him/her to do it. Our decision of what to do in a given situation depends on our understanding of basic ethical principles and our commonsense knowledge of the way of the world and its people. The professional behavior of peace officers and others in the criminal justice system needs to come closer to "ideal" ethical behavior than may be possible in private life.

example

If you obey the law, you will set a good example for others and spare your fellow officers the discomfort of having to intervene in your private affairs.

Representing the Criminal Justice System

In the business community, there are those who live by the concept of "anything for a price." Some politicians behave as though they would do "anything" to stay in office. And some may. Both groups defend themselves by such excuses as "everybody's doing it." In the light of readily available evidence, one could easily believe that the person of honesty and integrity no longer have a chance in our society. The presence of these people in our society provides the major reason that confidence in the system survives. Ethical people are made, not born, and peer pressures can work for or against ethical behavior. Ethical problems such as corruption and official dishonesty must be acknowledged and discussed if solutions are to be found. Every profession must have the ability and the willingness to police itself. Some may argue that ethics cannot be taught. And they may be correct. But research suggests ethical behavior can be taught. In other words, an ethical person can make unethical decisions and an unethical person can make ethical decisions.

example

Ethical problems are not always clearly seen. A peace officer may accept free meals from a restaurant owner who wants to discourage rowdy drunks and armed robberies. The people could reason that the cost of the food is a very small price for the extra protection they provide. Once a peace officer begins to excuse away such behavior, it becomes easier and easier to graduate from accepting a breaded veal cutlet to a case of scotch.

Practicing honesty and integrity in our personal lives is important. But as we interact with people we serve, participate in community relations and education programs, and work with other criminal justice professionals, doing what is right rather than what may be more rewarding financially or simply more expedient is even more important. It contributes to legitimacy within the law enforcement profession, but more importantly, the legitimacy of the community and police partnerships that are established. The reason a peace officer's behavior has a great impact on larger numbers of people inside and outside the system is because of their place of honor and their highly visible job.

“Do what is right, not what is easy.”

Roy T. Bennett

There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right.

Dr. Martin Luther King, Jr.

Ethical Decision-Making Model

How would it be viewed by your organizations code of ethics and shared values?

Is it permitted by your organization’s code of conduct?

Is it legal?

Does your personal code of ethics approve?

Is it a true ethical dilemma? Do both choices appear to be right?

Can you apply the ethical decision-making model for your organization?

Ethics in Relationships

The relationships with people who are clients (or the people they serve) can be either positive or negative. Differences in priorities and values can complicate these relationships. If standards of right and wrong are not consistent with the law, peace officers' actions may have a negative effect. If officers fail to hold themselves accountable in the same way that suspects or offenders are, people will believe that the officers' position and the criminal justice system as a whole are unjust. It ultimately erodes the legitimacy of the law enforcement officer and their organizations. For example, advising an individual to refrain from gambling--or arresting those for it when the officers are known to gamble frequently themselves can have negative effect onthe public image of policing. Attitudes and actions must be in line with the basic moral codes and the laws of the land if they are to have a positive effect upon the public. People’s attitudes affect their ethical behavior. Consistently going to work with bitter, negative attitudes about yourself, your job, your interpersonal relationships, or your life in general is a pretty accurate predictor that unethical actions and decisions will follow.

There are different attitude stages an officer goes through during his/her career that can motivate either ethical or unethical behavior. Consider these stages that can develop over a law enforcement officer’s career:

01

03

05

07

Aware

Decisive

Idealistic

Defiant

02

04

06

Frustrated

Resigned

Commitment

Attitude Stages in a Law Enforcement Career

Drivers of Ethical or Unethical Behavior

The "idealistic" stage is exemplified by new officers, confident of their values and ability to succeed. High expectations and goals, but confidence is naïve.

Idealistic

Attitude Stages in a Law Enforcement Career

Drivers of Ethical or Unethical Behavior

Begin to experience “the way things really are.” Idealism crashes into wall of reality. Present circumstances are a far cry from original goals and desires. Initial reactions are often dominated by fear, indecision, and anxiety. The world is not as simple as we had believed or hoped. Young officers at this stage might be susceptible to negative peer pressure. d by new officers, confident of their values and ability to succeed. High expectations and goals, but confidence is naïve.

Frustrated

Attitude Stages in a Law Enforcement Career

Drivers of Ethical or Unethical Behavior

Fear and indecision are overcome as we realize that we take some responsibility in our own hands. However, actions taken at this stage are usually negative and destructive, especially when covert or hidden. Some people continue to live for years with this hidden, internal resentment before they lash out in defiant rage. This can pollute relationships with family, coworkers, supervisors, the community, and even society at large. (Consider Timothy McVeigh, Unabomber, 9/11 terrorists, etc.) You can see how officers might “go bad” at this stage, acting in ways that harm themselves, others, the agency, the community, and the profession.

Defiant

Attitude Stages in a Law Enforcement Career

Drivers of Ethical or Unethical Behavior

Some people who have harbored covert defiance eventually slip into resignation to the disappointment and aimlessness of their lives. The lights go out in their eyes. They may continue punching the clock to get to retirement, but they have lost all joy in their lives and their jobs. This stage and the defiant one are when officers are most vulnerable to making poor decisions that could cost them their jobs and careers.

Resigned

Attitude Stages in a Law Enforcement Career

Drivers of Ethical or Unethical Behavior

Hopefully, some self-analysis goes on and we eventually become aware of some of the damage that our defiance and resignation have caused to our own lives and other people we care about. This awareness is the first step toward developing a more positive outlook on life. We realize that we must change.

Aware

Attitude Stages in a Law Enforcement Career

Drivers of Ethical or Unethical Behavior

We consciously do something different and positive, taking responsibility for our own lives and our happiness. These changes begin the process of making our lives more vital, creative, and meaningful.

Decisive

Attitude Stages in a Law Enforcement Career

Drivers of Ethical or Unethical Behavior

This is the final result of the positive life changes we made. We don’t expect perfection of ourselves or others, yet we are committed to attempt our best ideals, with our best abilities, while remaining realistic about our talents and results. This is not a fragile idealism, but a purposeful and prudent devotion – sincere, flexible, and open to learn and grow further.

Commitment

Discussion

Divide the class into two sections and discuss the pros and cons of being an "honest cop" in today's world. What kinds of behavior or conditions could the restaurant owner expect the police officer to overlook because of this relationship? How should the police officer react to such expectations?"

Discuss the impact of attitudes on professional and ethical behavior.

Ethics in Community Relations and Education Programs

Peace officers should maintain the highest standards of personal and professional behavior possible. They must serve the entire community and never represent any particular special interest group - impartiality. While it may be difficult to achieve these ideals in the real world, we should maintain an awareness of them and constantly work toward them. All of us need to present our views on ethics in community relations and education programs. If doing and describing what we believe to be right produces improved behavior, understanding, or happiness for the majority, we may consider that as a desirable goal reached.

Discussion

Discuss whether police officers should issue traffic citations for violations committed on or off duty by other police officers (from their own agency or others). What about an arrest for an observed petty theft? An assault?

Discuss the possible outcomes of a law enforcement officer’s ethical or unethical behavior.

Working Ethically with Other Criminal Justice Personnel

Mutual respect and trust among criminal justice personnel is extremely important in achieving system goals. A serious effort to perform in accordance with basic ethics, the law, and departmental regulations reinforces feelings of respect and trust and helps reach desired goals.

Example

If an officer has obtained an admission or confession without having properly advised the subject of their rights, it should be included in the report and discussed with the prosecutor prior to any court action. Regardless of the seriousness of the offense, if some improper action is brought to light during a court proceeding, it not only damages the officer's credibility, but it reflects on the prosecutor and the system and could cause an otherwise solid case to be lost. The big picture catastrophe is that legitimacy of the law enforcement officer and the organization may be eroded.

For purposes of this training, objectivity involves the expression or use of facts without distortion by personal feelings or prejudices - neutrality.

objectivity

In achieving objectivity, it is essential to gather all of the available relevant information on a topic and also strive to establish the validity of the information.

Efforts would include things as ensuring the accuracy of tests detecting drug and alcohol use, comparing stories from witnesses to the actual event for common elements, and checking the reliability of an informant.

The ability to be objective - neutral - is learned and improved with practice. To become aware of personal feelings, prejudices, "blind spots," implicit bias, and other elements of personality, we have taken a giant step toward introducing objectivity into our behavior.

Having achieved this awareness, we can then view things in their proper perspective.

More than 30 years of research in the areas of neurology and social and cognitive psychology, has shown that we hold implicit biases even in the absence of conscious, heartfelt bigotry, simply by paying attention to the social world around us.

According to Keesee, (2015) “implicit bias describes the automatic association people make between groups of people and stereotypes about those groups—stereotypes that even members of the targeted group can internalize.”

implicit bias

Areas where bias often comes into play include:

Sexual orientation

Behavior

Religion

Gender

Within the context of criminal justice and community safety, implicit biases can significantly, and most often negatively, influence outcomes of interactions between police and citizens.

Race/ethnicity

Consider the scenario where someone has been sexually assaulted under the following circumstances:

Within the context of these circumstances, implicit bias can distort one’s perception of, and subsequent treatment, either in favor of or against a given person or group. In the end, the victim still had the right to say NO to the advances of their attacker.

• Assaulted by a person they knew at party hosted by their friends.
• Was drinking prior to, and at the time of, the assault.
• Had engaged in flirtatious behavior with the suspect prior to the assault.

Discussion

Identify three scenarios in which police officer’s decisions may be influenced by personal biases. Identify three ways in which a police officer may prevent the influence of bias in decision making.

Discuss the importance of awareness of personal biases. Explore term “Implicit Bias.” Identify some of your personal biases.

Objectivity

Neutrality in Personal Behavior Police officers and other criminal justice personnel, even when they are not at work, stand out as representatives of the system. The standards by which they are judged, even in their private lives, are often higher than those required for other members of society. If biases, animosities, and friendships are allowed to influence decisions in their personal lives, it is likely that they will influence their professional decisions as well. Associating with persons of questionable moral character as a private citizen may carry over into professional life. Practicing objectivity in your personal life makes it easier to practice it in your professional life.

The degree to which mutual respect and trust are enjoyed in the personal relations of criminal justice personnel influences the efficiency and effectiveness of the work. Word gets around if an officer is biased, prejudiced, and unfair, and his/her ability to serve is diminished. Word also gets around if an officer is fair and objective in their work, and their ability to serve is increased. Time must be devoted to exploring motives, possible omissions, and assessing the truth if justice is to be served.

neutrality

Acceptance of Gifts

The acceptance of gifts by a public servant could be problematic. List of potential gifts:

• Any amount of money
• An opportunity for sexual intercourse
• A weekend at a resort hotel
• A radio for your personal car
• The use of a camper for a weekend
• A pistol

• Two tickets to a ball game
• Use of a hunting lease
• Bottle of liquor
• Free meal
• Half price meal
• A cup of coffee and/or a doughnut

Does it make a difference who offers the gift?

Does it make a difference when the gift is offered?

Does it make a difference why the gift is offered?

Conditions associated with the gift

Does it make a difference where the gift is offered?

Discussion

Identify three examples in which accepting a gift as a peace officer could become problematic. Identify three possible personal consequences to accepting a gift as a peace officer.

Discuss the acceptance of gifts as a peace officer. Is it okay to accept gifts as a peace officer? If so, why; if not, why not?

Practical Scenario:

Officer: You stop a motorist for speeding 11 mph over. The vehicle has out-of-state license tags. You ask driver for license. Attached to the license is a fifty-dollar bill. Citizen: You are from out-of-state where to avoid the hassles of court it is common practice to attach money to the license. You want to avoid a jump in insurance rate. • Identify the ethical dilemma. • Discuss the difference in perceptions. • Discuss the possible personal consequences. • Discuss the possible professional consequences.

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Practical Scenario:

Officer: You have just finished a lunch of a cheeseburger, chips, and a Pepsi at the local cafe. When you ask for the check, the waitperson says the manager said, "Meals for police officers are on the house because it provides added security to the cafe." Waitperson: You like having officers come by to eat because it makes you feel safer since the cafe is in a rough neighborhood. You know the manager would be mad if you gave an officer a check. Citizen: You are a customer in the restaurant. You have recently been laid off because of the slow business cycle. You have three kids and your spouse is working two part-time jobs trying to keep a roof over your heads. You overhear the waitperson’s comments to the officer.

• Identify the ethical dilemma. • Discuss the difference in perceptions.

• Discuss the possible personal consequences. • Discuss the possible professional consequences.

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TCOLE Test Prep

Navarro College Police Academy

TCOLE Practice

TCOLE Most-Missed Question

Professionalism and Ethics 1.5

Discuss the differences between physical and moral courage.

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unit goal

Understand and respect professionalism as it applies to law enforcement.

Navarro College Police Academy

Discuss the differences between physical and moral courage.

Courage is the state or quality of mind or spirit that enables one to face danger with self possession, confidence, and resolution; bravery; valor. Moral courage is the courage to take action for moral reasons despite the risk of adverse consequences. Courage is required to take action when one has doubts or fears about the consequences. Moral courage therefore involves deliberation or careful thought.

Professio

Professiona

Characteristics

Profession

Code of Criminal Procedure Chapter 2.1387

A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if: (1) the amount of force exceeds that which is reasonable under the circumstances; and (2) the officer knows or should know that the other officer's use of force: (A) violates state or federal law; (B) puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and (C) is not required to apprehend the person suspected of committing an offense. (b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report.

Professio

Professiona

Characteristics

Profession

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Examples of physical courage

Facing barricaded, armed suspect

Duty to intervene.

3.

1.

Refusing to participate in ethnic or gender-based humor or practical joking, etc.

Refusing gratuities

4.

2.

Duty to intervene.

Refusing to participate in cover-up.

Examples of moral courage

Discussion

Discuss a situation where duty to intervene would apply through both moral and physical courage.

Professionalism and Ethics 1.6

Discuss Title 8 of the Texas Penal Code in relationship to an officer’s behavior.

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Offenses against public administration

Chapter 36: Bribery and Corrupt Influence

• Definitions – Penal Code Chapter 36.01
• Bribery - Penal Code Chapter 36.02
• Coercion of Public Servant or Voter - Chapter 36.03

• Improper Influence - Penal Code Chapter 36.04
• Tampering with Witness - Penal Code Chapter 36.05
• Obstruction or Retaliation - Penal Code Chapter 36.06
• Acceptance of Honorarium - Penal Code Chapter 36.07
• Gifts to Public Servants - Penal Code Chapter 36.08

Offenses against public administration

Chapter 37: Perjury and Other Falsification

• Definitions - Penal Code Chapter 37.01
• Perjury - Penal Code Chapter 37.02
• Aggravated Perjury - Penal Code Chapter 37.03
• False Report to Peace Officer or Law Enforcement Employee - Penal Code Chapter 37.08
• Tampering with Or Fabricating Physical Evidence - Penal Code Chapter 37.09 o Tampering with Governmental Record - Penal Code Chapter 37.10

Offenses against public administration

Chapter 39: Abuse of Office

• Definitions - Penal Code Chapter 39.01
• Abuse of Official Capacity - Penal Code Chapter 39.02
• Official Oppression - Penal Code Chapter 39.03
• Violation of Civil Rights of Person in Custody; Improper Sexual activity with Person in Custody - Penal Code Chapter 39.04
• Failure to Report Death of Prisoner - Penal Code Chapter 39.05
• Misuse of Official Information - Penal Code Chapter 39.06

Professionalism and Ethics 1.7

Explain relevant federal criminal law in relationship to an officer’s behavior.

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Criminal law relating to officer behavior:

• Unethical conduct on the part of peace officers can result in federal prosecution.

• There are specific statutes aimed at peace officers to prevent violations of civil rights.

• The FBI has a special role to investigate those accusations.

• Those investigations are controlled out of Washington, DC to prevent friendships and working relationships between locally stationed FBI agents and the peace officer being investigated from being compromised.

18 USC 241

Conspiracy Against Rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured --They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.

18 USC 242

Deprivation of Rights Under Color of Law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

Professionalism and Ethics 1.8

List civil penalties for sexual harassment and inappropriate officer conduct.

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Officer Conduct

Officers are accountable for their conduct at all times. This includes conduct within their respective agencies. There exist many examples of civil rights violations and sexual harassment in law enforcement. It is not only unprofessional and against the law; it can subject you and your department to civil penalties.

Civil penalties for sexual harassment

EEOC definitions 42 USC 1983 Violation of Civil Rights

The definition of harassment as opposed to sexual harassment - EEOC

Penal Code Chapter 39.03

Texas Commission on Human Rights

Equal Employment Opportunity Commission

There exist many examples of civil rights violations and sexual harassment in law enforcement. It is not only unprofessional and against criminal law; it can subject you and your department to civil penalties. See Penal Code Chapter 39.03 - description of sexual harassment.

Discussion

Identify three examples in which accepting a gift as a peace officer could become problematic. Identify three possible personal consequences to accepting a gift as a peace officer.

Discuss the acceptance of gifts as a peace officer. Is it okay to accept gifts as a peace officer? If so, why; if not, why not?

Practical Scenario:

You and your senior partner stop to visit a motel. They tell you they will be back in the car in thirty minutes. • Identify the ethical dilemma. • Identify your alternatives. • Discuss your response and why.

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Practical Scenario:

Another officer tells you that they have been getting the services of a prostitute who they got overly involved with. • Identify the ethical dilemma. • Identify your alternatives. • Discuss your response and why.

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Practical Scenario:

Your F.T.O. stops a motorist going 20 M.P.H. over the speed limit but accepts their phone number in lieu of a ticket. • Identify the ethical dilemma. • Identify your alternatives. • Discuss your response and why.

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Practical Scenario:

You are working an off-duty job at a bingo parlor. Several officers work there. The senior officer in charge explains to you that officers receive a percentage of the profits designated for charities. • Identify the ethical dilemma. • Identify your alternatives. • Discuss your response and why.

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Practical Scenario:

You and two other officers find a paper bag containing $200,000 in cash. Your partners take the money to the property room. You read in the paper that $50,000 was recovered. • Identify the ethical dilemma. • Identify your alternatives. • Discuss your response and why.

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Practical Scenario:

You and another officer are investigating a suspect for drug smuggling. The suspect tells you, "You will never get me on this." The let you search their apartment. You look in a dresser drawer, and it is empty. Your partner five minutes later finds a rock of crack in that drawer. • Identify the ethical dilemma. • Identify your alternatives. • Discuss your response and why.

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Practical Scenario:

You are aware that a fellow officer has developed a serious drinking problem. When you are in roll call, you smell alcohol on that officer's breath. • Identify the ethical dilemma. • Identify your alternatives. Discuss your response and why.

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Practical Scenario:

You go into a bar where the bartender and the owner have supplied you with information on some folks that allowed you to bust them for cocaine usage. As you come into the bar you notice an underage person being served alcohol. • Identify the ethical dilemma. • Identify your alternatives. • Discuss your response and why.

Navarro College Police Academy

TCOLE Test Prep

Navarro College Police Academy

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