Accountability, integrity and ethics

Deontology

duty is paramount

Police accountability requires police officers and the institutions to which they belong to

explain, justify and answer for their conduct. Accountability of police is addressed by the following four measures:

Internal professional standards:

operate within each agency to regularly monitor professional standards of police and codes of conduct.

The Fitzgerald Inquiry in Queensland was established in 1989

to examine police corruption involving bribes and graft (the acquisition of money by dishonest means), prostitution and drug trafficking. Fitzgerald identified police culture as instrumental in facilitating and sustaining corruption.

Utilitarianism -

' The needs of the many outweigh the needs of the few'

Moral Vulnerability

Moral Vulnerability refers to the susceptibility of police to engage in poor or wrongful behaviour as a consequence of some features of their work. Often required to interact with individuals who are morally corrupt. Many officers work in unsupervised circumstances and this creates opportunities for bribes etc Police work means officers frequently find themselves frustrated by situations where they are unable to make a difference. Police are often required to do things that are legally but are morally wrong.

Deception and entrapment:

Noble cause corruption occurs when a person acts illegally to ensure a greater good. This is a Consequentialist argument: the ends justify the means. Known as the 'Dirty Harry Syndrome', officers may lie, threaten or trick suspects into revealing information or confessing. These are not selfish acts, but rather a moral commitment to improve society, and an officer may feel justified in using deceptive, even immoral or illegal means to make an arrest. Preventative measures include videoing or recording interviews which also protect officers from false claims of coercion.

Discretion carries enormous responsibility.

Officers are legally required to treat everyone equally. However, their daily activities present opportunities to not treat all as equals. Discretion requires officers to balance justice for the individual against justice for the group which means full enforcement of the law may not be appropriate. This places officers in the path of unethical behaviour such as accepting bribes in return for not arresting a person.

Use of force:

Police have the unique legal authorisation to use physical force or capsicum spray to restrain or arrest individuals. In some situations this may involve the use of firearms which could result in the death of a person. Police codes of conduct provide clear guidelines for the use of force.

Victimless crimes:

Police must enforce the law even when they think it is pointless. Officers may believe that prostitution or some drugs should be legalised and therefore the law should not be enforced.

Codes of conduct:

Police organisations have codes which define the role and ideal characteristics of police conduct as well as what is unacceptable conduct and the sanctions applied

Police Subculture

Police... Typically form a homogenous social group. Have a uniquely stressful work environment. Participate in a basically closed social system. Have historically come from the white middle and lower classes

Evaluation of police integrity:

Research and reporting on police integrity is conducted in NSW, QLD and WA.

Accountability

Accountability of police is addressed by the following four measures: Codes of conduct External oversight bodies Internal professional standards Evaluation of police integrity Police must be held accountable and be accountable.

Discretion:

Allows flexibility to bring about just outcomes which could otherwise be obstructed by the constraints of regulation. Whether or not a person is arrested can depend on: Whether they are unemployed How well known they are to the police Whether they are Aboriginal or of another cultural/ethnic minority group The inappropriate use of discretion occurs when the professional uses unethical criteria to resolve decisions. Results in discrimination .

Personal life:

As police represent the law, they are role models within society. Thus any fall from grace is judged harshly by the public.

Discrimination:

Australians are protected by anti-discrimination legislation and the rule of law which is a fundamental principle of a free society; that all people are treated equally before the law. It is human nature to have prejudices and police need to be mindful of this and respect cultural differences. Disrespect occurs when individuals hold a moral distance (or a moral high ground) between themselves and others. Officers receive training on appropriate interaction with minority groups and even in their dealings with criminals

Corruption (Prenzler 2000)

Classic corruption: Bribes and gratuities: Organised or opportunistic. Process Corruption: Deception and entrapment: Fabrication of evidence or others ways of perverting the course of justice. 'Fitting up', verballing, lying in the witness box, withholding evidence or coercing suspects to make confessions. Noble cause corruption occurs when a person acts illegally to ensure a greater good. This is a Utilitarianism argument: the ends justify the means. Also known as The 'Dirty Harry Syndrome', officers may lie, threaten or trick suspects into revealing information or confessing Excessive use of force: unjustified violence -also verbal abuse. Reasonable force-the amount of force a reasonable person would assume was necessary. Deadly force - force applied that is likely or intended to cause death Miscellaneous misconduct: harassment, discrimination, inaction, abuse of strip searching, drug or alcohol abuse, misuse of confidential information, and neglect of detainees. Also conduct off the job.... As police represent the law, they are role models within society. Thus any fall from grace is judged harshly by the public.

Conflicts of interest:

Conflicts of interest occur when an individual's personal interests conflict with public duty. Officers face this dilemma when a relative or friend has committed a crime. Yet officers are legally and morally bound to do their duty.

External oversight bodies:

Established by Royal Commissions, the Qld Crime and Misconduct Commission, the NSW Police Integrity Commission and the WA Corruption and Crime Commission monitor police corruption. South Australia, Tasmania and the Northern Territory have a state ombudsman to manage complaints, while Victoria has an Office of Police Integrity. Federally, there is the Commonwealth Law Enforcement Integrity Commissioner.

cop culture

Every organization has a subculture-a broad term used to describe the basic assumptions and values that permeate law enforcement agencies and are taught to new members as the proper way to think, perceive, and act These values are formed in an environment of danger, stress, boredom, and violence Unique aspects of police work encourage this

Group members share group successes and failures.

However, group identification may lead to separation and even alienation from society and the group becomes a sub culture. This may occur with police when they feel they are being treated unfairly or unappreciated by the general public (Kleinig 1996)

The culture of police work is predetermined by the way police officers view society and their role within it.

In any organisation a subculture will develop based upon interactions of its members: 'the way things are done'. There are subcultures in the university among academics, among the administrative staff and among the students!

The slippery slope

Sometimes, in order to fit into a group, an individual may display social desirability bias in that they will adopt beliefs and values they would oppose in normal circumstances. Stages in Moral Decline of Police Officers (Sherman) 1st stage: Officer accepts minor gratuities 2nd stage: Gratuities evolve into outright bribes 3rd stage: Officers actively seek out bribes and even force parties to pay for services Moral decline follows lack of training, lack of supervision, and potential large financial gain Since it is difficult to challenge authority, few take a stand against a law or practice

Addressing Corruption

Ten best practice strategies to control corruption: Agency policy; Risk assessment; Internal controls; Internal and External reporting; Public interest disclosures; Internal investigations ; Codes of conduct; Police education and awareness; Community awareness .

Bribes and gratuities:

The Fitzgerald Inquiry highlighted the corruption among Queensland Police in the form of accepting bribes and gratuities from the illegal drug and prostitution trade.

The Fitzgerald Inquiry

The Fitzgerald Inquiry in Queensland was established in 1989 to examine police corruption involving bribes and graft (the acquisition of money by dishonest means), prostitution and drug trafficking. Tony Fitzgerald QC a former judge of the federal court was appointed to head a "Commission of Inquiry into Alleged Illegal Activities And Associated Police Misconduct on 26th May 1987 Public Hearings ran from July 1987 to July 1989. Evidence of police corruption and political malpractice over 30 years - During the terms of three commissioners: Biscof, Whitrod and Lewis and Premier Joh Bjelke-Petersen.

Cop Culture

You learn to stick by your mates. Its hard to socialise outside of the force/service. As an officer, who do you turn to? In whom do you confide? Slowly, officers tend to insulate themselves from civilians -"us versus them" Police cynicism-individual officer begin to distrust human motives and expect nothing but the worst from fellow humans Blue curtain descends; values secrecy and general mistrust of outside world Leads to understanding officers will not report wrong doing by peers

To reduce their vulnerability officers need to be able to:

recognise a situation where they could become vulnerable remove themselves from such situations or ask for help Look after themselves -reduce stress levels and seek balance

Sometimes police are morally obliged to act in a way that is not morally good

such as where they are morally obliged to kill another person to save others

Ethics is concerned about

t what is right fair just or good; about what we ought to do, not just about what is the case or what is most acceptable or expedient. (Preston 2007)

Ethical standards reflect

the basic social norms that denote universal expectations of attitudes and conduct in human interactions. This involves notions of fairness and empathy for others. These standards are reflected within social institutions and in best practice guidelines for those acting in various social roles - such as police. Ethical practices in policing are concerned with how officers act individually or institutionally when providing police services

The Fitzgerald Inquiry found

the corrupt environment of the Queensland police force at the time recruited officers who were facing financial difficulty and had poor morals. Within a small group environment people chose to avoid confrontation to keep the peace and turned a blind eye to corruption. The Fitzgerald Inquiry found the group culture made it impermissible for officers to criticise other police, particularly outside the group. Any criticism was dealt with internally. Even officers who were not corrupt enabled corruption by choosing group loyalty and not speaking out. There is also the pressure of group accountability, where the pressure of not letting the group down will cause honest individuals to act unethically. Many members of the Force were able to rationalise their choice through diffusion of responsibility: 'nobody else is reporting it either'.