Moral Issues In Policing. Moral Issues in Policing Should police be held to the same or higher standards than other members of society? – Courage? – Fairness?

Moral Issues In PolicingMoral Issues In Policing

Moral Issues in PolicingMoral Issues in Policing

Should police be held to the same or higher standards than other members of society?– Courage?– Fairness?– Justice?

Why or why not?


Should police be held to the same or higher standards than other members of society?– Courage

Apprehending robber

Why or why not?


Should police be held to the same or higher standards than other members of society?– Fairness

Requires that general standards apply to all citizens

Why or why not?


Should police be held to the same or higher standards than other members of society?– Justice

Requires that decisions be made IAW each person’s individual circumstances.

Why or why not?


Recall Bazelon’s Choices in Addressing the Crime Problem.– The choice is goals.

Repressive Order, or Moral Order

• David Bazelon, Federal Appeals Court Judge


Basic Premise: One of the most important benefits the state provides is protection.

If police are not always fair and just, what does that imply?

If police are not always fair and just, what are the practical implications?


Should the state violate civil liberties in order to decrease all, some or none of crime?


Is it reasonable to require that police oaths of office and codes of conduct that require fair and just treatment of citizens constitutes a promise to the public?


Judicial oaths of office and codes of conduct require fair and just treatment of citizens according to the law.

Should police be held to the same standard of public trust, responsibility and accountability?

What is the implication if that is not done?


Oaths of Office and Codes of Conduct– If government oaths and codes of conduct are

promises, they constitute a contract….

– Courts use codes of conduct as a basic for evaluating practitioners who have not explicitly or implicitly affirmed them.


Professional Obligations– These obligations apply to persons who take on a

duty and accept the benefits that go with the job.– Some Police Benefits

Cooperation Respect, Enhanced Community Status Trust Use of Discretion Use of Force

Moral Issues in PolicingMoral Issues in PolicingThe Bill of RightsThe Bill of Rights

“No right is held more sacred, or is more carefully guarded, by the common law, than the right of the individual to the possession and control of his own person, free from all restraint or interference from others, unless by clear and unquestionable authority of law.”


“Every resolution to an ethical dilemma must consider the act, the intention, the circumstance, the principles, the beliefs, the outcomes, the virtues, the narrative, the community, and political structures.”

Robert Nash


Dirty Harry Solutions• “The danger in Dirty Harry solutions is not in

their resolution, but in thinking that you have found a resolution that you can live with in peace.” Carl B. Klockars


Professional Demands• These demands are often the same but

occasionally differ from expectations for any decent human being.

Moral Issues in PolicingMoral Issues in PolicingPolice vs Citizen RequirementsPolice vs Citizen Requirements

Decency Issues for Citizens Generally

Courtesy Respect Honesty Act Equitably Use Reasonable Force

Added Police Demands

Courage Others?


Consequentialist Theory: Utilitarianism– Utilitarians argue that:

1. Other moral considerations such as duty, rights and justice are subordinated to, and their content determined by, the principle of utility.

2. What is just is producing greatest utility. 3. As circumstances change, consequences change,

and so do our duties, rights and requirements of justice.


Implications of Utilitarianism• 1. Act Utilitarian

• Choose actions based on greatest balance of pleasure over pain

• 2. Rule Utilitarian• Acts are permissible if they are not prohibited by the

best set of rules.


Criticisms of Utilitarianism• 1. Act Utilitarian -- Injustice

• It is unjust to punish someone for something they did not do regardless of other beneficial consequences.

• 2. Rule Utilitarian -- Limited Exceptions• It does not distinguish between morally obligatory

acts and superogatory acts.


Communitarianism Theory Morality is defined by ideals that define and hold

groups together.


Implications of Communitarianism• 1. Groups establish their own norms.• 2. Morality becomes equivalent to group

endorsement.


Criticisms of Communitarianism• 1. Groups norms differ.• 2. Some group norms, such as racial or sexual

discrimination, are wrong.


Deontological Ethics Morally involves more than only producing good

consequences. Morally right actions are done because we have a duty to do them.


Implications of Deontological Ethics 1. Morality is not determined by the consequences

of an action. 2. Morality is determined by the test that the act

would be acceptable in determining universal law. 3. Actions that do not treat other with respect, but

rather uses them as a means to an end, are wrong.


Criticisms of Deontological Ethics 1. It is complex and abstract. 2. It does not resolve what is agreed to as

acceptable to all people.


Virtue Ethics• Morality is determined by individual goodness

rather than goodness of rules or goals.


Implications of Virtue Ethics• Right actions are determined only on the basis

of their being “right.”


Criticisms of Virtue Ethics• 1. It is simplistic and complex at the same

time.• 2. It does not provide much help in deciding

between moral dilemmas.


Contractarianism• People agree to social contracts. • This is also a basis for examining morality.


Implications of Contractarianism• 1. Contract determine obligations.• 2. The obligations are binding when parties to

the contract fulfill their obligations.• 3. Does not allow sacrifice of the few for the

good of the many.• 4. Emphasizes concrete benefits


Criticisms of Contractarianism• 1. Implied contracts exist as a result of

membership in the state.• 2. Majority rules in most instances.• 3. Some individual freedoms are sacrificed.


Trust requires trustworthiness.– Police– Doctors– Public Officials– Students and Teachers

BreakBreak

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Moral Issues In Policing. Moral Issues in Policing Should police be held to the same or higher standards than other members of society? – Courage? – Fairness?