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CJ 220: Week 1 Script 1

Slide 1: Title Slide

Criminal Justice 220: Ethics in Law Enforcement. Week 1 Online Presentation

Slide 2: Introduction

The online presentation for Week 1 highlights morality, ethics, and human behavior, in

addition to giving emphasis to how moral behavior is determined. Students learn the distinct

differences between morals and ethics and how the different ethical systems define what is

considered a right and a wrong behavior. This week students develop the theoretical foundations

necessary for understanding the connection between theory and the application of ethical

decision making in the criminal justice profession.

Slide 3: Development of Ethics

Typically, the criminal justice system is analyzed with political, organizational, or

sociological approaches. However, we will approach the examination of the system through an

ethics lens. Ethics is a branch of philosophy that examines questions of right and wrong, and

how we ought to live. Ethics involves the determination of good and evil and the defining of

duties. Morals define principles of right and wrong. Duties are closely related to ethics and

morals. Duties are required behaviors and actions associated with a specific role (Johnson, 2008).

Morals and ethics are often used interchangeably. However, there is a fundamental, yet

slight, difference between the two. Morals represent personal character and ideas about what is

right and what is wrong, while ethics focus on a social system where morals are appropriate in

various situations (Wilhelm & Firmin, 2008). Ethics identify standards or codes of conduct

anticipated by the group to which an individual relates (Henderson, 1982). Ethics could also be

related to an individual’s national, social, company, professional, or familial relationships.

Individual moral codes are relatively stable, but ethical codes could be modified to align with the

experience at hand (Henderson, 1982). Ethics and morals are derived from similar root

meanings. The Greek word ethos refers to behavioral habits or character. The term morals has a

Latin origin with a similar meaning; thus, the interchangeability factor (Pollock, 2012).

Slide 4: Importance of Ethics

A major argument for the study of ethics by criminal justice professionals is that

individuals employed on all levels within the criminal justice system have discretion to make

decisional choices that have the propensity to change drastically other people’s lives (Pollock &

Becker, 1996). Police officers have the power to deprive people of their freedom; prosecutors

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decide what cases to pursue and who to prosecute; judges have the authority to make decisions

about sentencing; correctional officials can make recommendations that could influence the

length of detention, take actions to further deprive a detainee’s freedom of movement, and decide

who will get paroled and who won’t be paroled.

The powers listed, if in the hands of the wrong individuals, can be damaging. As such,

Felkenes (1987) clarified the necessity of criminal justice professional studying: (1) policy has to

be administered morally and ethically; (2) ethical training promotes the development of

analytical skills and reasoning required to understand pragmatic and theoretical

aspects of the criminal justice system; (3) criminal justice professionals must be constantly aware

of the consequences associated with unethical decision-making; (4) ethics are important to the

proper use of discretion, force and due process; (5) a firm ethical foundation is critical to issues

of rehabilitation and deterrence; and (6) ethics are essential aspects of the criminal justice

system. Overall, ethics provide individuals with a means of making moral choices when they are

unsure about what to do in circumstances involving moral issues. In life in general, moral rules

are desirable not because they convey absolute truth, but because they are generally trustworthy

guides for normal circumstances.

Slide 5: Professional Codes of Conduct

Different professions within the criminal justice system have ethical policies or standards

that employees must adhere to. For example, police ethical policies and oaths are typically

adopted from the code created by the International Association of Chiefs of Police (IACP, 2012).

Sheriffs abide by the ethical standards created by the National Sheriffs’ Association (NSA,

2012). Attorneys and judges are required to comply with the code created by the American Bar

Association (ABA, 2012), while corrections professionals should adhere to the code developed

by the American Jail Association (2012), or the American Correctional Association (ACA,

2012).

These organizations should not be considered exhaustive. There are others that

promulgate standards for the different professions within the criminal justice system. The goal

here is to demonstrate that ethics are so important that standards have been created, and

professionals must abide by them. However, this is not the case all the time. There are cases

where criminal justice professionals have lapses in ethical judgment. At this juncture in the

presentation, take a look at the video, Police Beats Teen on Tape.

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After viewing the video, ask yourself if you think the officer violated any aspect of the police

code located at

http://www.theiacp.org/PoliceServices/ExecutiveServices/ProfessionalAssistance/Ethics/

ModelPolicyonStandardsofConduct/tabid/196/Default.aspx

Slide 6: Analyzing Ethical Dilemmas

Values, what individuals find desirable and of worth, and morals are powerful principles

that help individuals examine issues that conflict with their beliefs. Ethical dilemmas “are

situations in which it is difficult to make a decision, either because the right course of action is

not clear or the right course of action carries some negative consequences” (Pollock, 2012, p.

14). In response to ethical dilemmas, organizations implement an ethical code in an effort to

give direction to those called upon to make decisions to ensure that they understand the

difference between right and wrong and how they should apply this understanding to their

decision-making processes. Ethical standards, in contrast, tell individuals how they should

conduct themselves in any given situation. Values, morals, ethical codes, and ethical standards

provide human beings with the tools needed to make decisions that are just (Pollock & Becker,

1996).

In addition, regulations, standards, and guidelines are important to helping individuals,

especially those in the criminal justice profession, analyze ethical dilemmas. Regulations are

usually developed by a governmental authority, and they control the activities of individuals in

almost all professions. Standards are typically developed by a private or public governing body

and are usually the basis for some type of accreditation. Guidelines, which are usually

recommendations, are created by professional groups. In examining ethical dilemmas all relevant

information must be considered (Pollock & Becker, 1996). When faced with an ethical dilemma

there are steps that are helpful in conducting an analysis of the dilemma. Despite the abundance

of information and training available for managing properly ethical dilemmas, there are

professionals who experience ethical lapses. Before discussing those steps to resolving an ethical

dilemma, let’s take a look at a case of police brutality that took place in New Orleans.

Slide 7: Ethical Dilemma: Case Study of Police Brutality in New Orleans (Excerpt)

NOTE: In discussing the issue during the presentation, the instructor might interject with

comments that are not scripted. Comments and opinions might be made that appear as they do in

normal non-scripted conversations.

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In March 1990 an African American male by the name of Adolph Archie was injured by

police who claimed that Archie shot and killed a Caucasian officer during a shootout. Archie

later died under strange and unusual circumstances. After Archie was shot, officers reported that

they immediately transported Archie to the hospital. However, a recorded time of 12 minutes and

a distance from the hospital, which was only 7 blocks, did not support the officers’ claims. While

transporting Archie to the hospital officers were using their radios to communicate with each

other about killing Archie. Some officers were exclaiming that there was going to be a lynching

if Archie was taken to the hospital. At the hospital approximately 100 officers were on the scene

because they had heard about the shooting and the subsequent death of a fellow officer. Officers

transporting Archie stated that they decided not to take him there. They instead decided to take

him to another hospital, but they took him to the police station where the deceased officer was

stationed.

Once at the station, officers reported that a fight broke out and Archie fell leaving behind

blood stains. The sergeant in charge of the station ignored the incident telling investigative

officials that he had not seen Archie. He also denied seeing the officers involved. When asked

about the blood he stated that simply asked someone to clean it up.

When Archie was finally taken to the hospital staff advised that it was clear that he had been

severely beaten. Archie received x-rays of his injuries, but they mysteriously disappeared. There

was no record of his name or background found in hospital records. Even though this was

apparent and that he had been in the custody of officers, none of them were held accountable for

Archie’s subsequent death.

While at the hospital being treated, Archie was injected with iodine. He was allergic to

iodine, so conveniently his death was attributed to the injection. Pathologists who examined

Archie’s body concluded that he had been beaten to death. Eventually, the coroner concluded

that Archie’s death was reported as a homicide by police intervention. Within hours of Archie’s

demise, the police chief cleared all officers of any wrong doing; their conduct was deemed

acceptable. The rookie officer who initially arrested Archie was chastised by fellow officers for

failure to kill Archie right on the spot. A report submitted by the advisory committee on human

relations indicated that officers involved in the incident had brutalized Archie and departmental

leaders did nothing to hold them accountable. The report detailed the existence of a police code

of silence that was supported at the highest levels within the department (Herbert, 1995).

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Slide 8: Steps Used to Clarify an Ethical Dilemma

1. Review the facts. Analyze only what is known at the time of the analysis.

2. Identify all the potential values and concepts presented by each party that may be

relevant to the outcome of the analysis.

3. Identify moral and ethical issues of each party to ensure that one person’s beliefs did not

result in the dilemma.

4. Determine what is the most important moral or ethical issue faced by the individuals.

5. Resolve the ethical or moral dilemma by making use of an ethical system or another

decision-making model (Pollock, 2012).

In applying these steps for solving an ethical dilemma to the police brutality issue

previously discussed you should as the police leader or other governing body first examine all

facts of the case: who were the officers involved; what were the injuries to the victim; what were

the actions of the supervisors; and what standards and regulations were violated. You would

want to deal with the things that can be proven, but you must also consider that the persons

involved may not present that proof. Second, the values, responsibilities to duty, honesty,

integrity, safety and protection are elements that should be examined because they could have a

bearing on the outcome. Third, identify the ethical issues: should the officers have diverted the

ride to the hospital; should the experienced officers have belittled the rookie officer for not

killing Archie; should the police radios have been used to utter death threats? Fourth, ascertain

what is the most critical moral or ethical issue faced by the individuals involved. In this case, the

death of the victim is of highest ethical and moral priority. Finally, resolve the issue. You will

have to consider not just the moral and ethical principles, but existing regulations and standards

that govern police work. Certainly, not all ethical issues faced on the job would be of this

magnitude; however, you can see that the five steps for analyzing and resolving an ethical issue

could be a valuable model to follow when faced with making decisions regarding any ethical

issue that arises.

Slide 9: Ethical Lapse

An ethical lapse is a mistake or error in judgment that leads to a harmful outcome.

Certainly, the case of Adolph Archie provided a good example of how leaders can have lapses in

ethical judgment. Another case, Michael Ray Graham, which we will examine later, is also a

good example of how ethical lapses can harm others. But what about lapses not considered

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harmful on their face, yet they can be harmful to other people or to the organization? In the next

slide, we will examine some ethical issues employees face on the job.

Slide 10: Typical Ethical Issues Faced on the Job

Following are other types of ethical issues that criminal justice professionals can run into

on the job. These issues appear on the face to be very small, but employees who allow

themselves lapses in ethical judgment involving these situations can find themselves punitively

punished, and at worst terminated.

1. Ethical Issues Involving the Individual and the Organization

a. an individual’s overall work ethic

b. petty theft of supplies or cash

c. overtime abuse

d. gifts and gratuities

e. falsifying of reports

f. abuse of sick time

h. personal use of supplies and equipment

2. Ethical Issues Involving the Organization and the Employees

a. sexual or racial harassment

b. suppression of honest criticism or feedback

c. inequitable decision making

d. insufficient compensation

e. deficient training

f. unrealistic or inappropriate demands

g. creating an unsafe environment for employees

3. Ethical Issues Involving the Individual and Coworkers

a. backstabbing and lack of support

b. gossip

c. sexual or racial harassment

d. telling falsehoods to rationalize unaccountability

e. failure to give credit to others for their work

4. Ethical Issues Involving the Individual and the Public

a. abuse of authority

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b. failure to perform duty

c. sexual, racial, and ethnic harassment

d. special treatment

e. lack of professional development

f. malfeasance (wrongful conduct demonstrated by a public official) or misfeasance

(demonstrating a proper act but in such a way that it is wrongful or injurious) of duties

Two closely related concepts relative to professional duties include:

1. Nonfeasance: the intentional failure to perform an official duty or legal

requirement

2. Negligence: failure to exercise due professional care

g. demonstrating disrespectful and uncivil behavior (Pollock, 2012).

Take a look at this brief video that highlights an officer conducting an act of intentional

negligence and abuse in carrying out his duties. Video: Police Brutality Caught on Tape

http://youtu.be/AuClFix7OJ0

Slide 11: Ethical Lapse: Case Study on Death Row Inmates Set Free (Excerpt)

Let’s examine the cases of Michael Ray Graham and Albert Ronnie Burrell, a death row

inmate who was released from incarceration after it was learned that the attorney who prosecuted

his case was involved in prosecutorial misconduct. On December 28, 2001, Michael Ray Graham

Jr. was released from death row at Louisiana State Penitentiary at Angola after 14 years of

incarceration. The state of Louisiana dismissed all charges against Michael due to the fact that

there was not any credible evidence that linked him to a crime that resulted in his incarceration.

Michael was compensated $10, which he had to use to cover the cost of being transported from

Angola. Albert Ronnie Burrell, a mentally challenged and illiterate man, was also charged with

the same crime. He too had spent 14 years on death row. He came close to being executed. His

charges were dismissed 17 days before his execution date.

There release was significant in that they and other individuals wrongfully imprisoned

and sentenced to death row were victims of unscrupulous lawyers. According to their lawyers,

prosecutorial misconduct was the cause of the incarceration of these two men. There was a lack

of physical evidence connecting them to the crime, and their convictions were largely founded

on the evidence of someone in prison. This person, according to law enforcement officials, was

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known to be a chronic liar. The snitch stated that Michael and Ronnie confessed that they had

committed the murders. However, the snitch also advised that he himself had been admitted to

several mental hospitals and had written countless bad checks. This information should have

caused the attorneys to dismiss this evidence, but they did not. The prosecutor did not reveal this

information in trial. He instead went ahead and made a plea agreement with the snitch. He

prosecuted both Michael and Ronnie, taking away their freedom based on a weak case. Once the

deal was uncovered, the prosecutor openly admitted that their cases should have never gone to

trial (Banks, 2004).

As we previously learned, malfeasance is wrongful conduct demonstrated by a public

official, while nonfeasance is the intentional failure to perform an official duty or legal

requirement. Clearly, the attorney involved in this situation demonstrated both behaviors. When

we look at the definition of negligence, the failure to exercise due professional care, the

attorney’s behavior was also demonstrative of it as well. The failure to exhibit ethical behavior

resulted in innocent people serving time in prison. Cases of this magnitude that have the

propensity to alter the course of peoples’ lives help us to understand why the study of ethics is

important to criminal justice professionals.

Slide 12: Major Ethical Systems (Deontological)

The issue of ethics has been one that mankind has questioned extensively. Much effort

has been exerted in attempting to explain ethics. Numerous inquiries and explanations resulted

in the development of a number of ethical philosophies, each with its own standard of what

constitutes ethics. The two basic types of ethical systems are deontological and teleological.

Deontological ethical systems include ethical formalism, religion, and natural law.

Deontological ethical systems focus on the nature of an action that is being judged. If the action

is thought of as essentially good, even if the action has a negative outcome then it can be defined

as good (Pollock, 2012, p. 33).

An example of a deontological ethical system is ethical formalism, which is concerned

with the motive and intent of a person’s actions. An example of applying this system to an

ethical dilemma involves a police officer who sees woman walking along the road with a child

in her arms. Knowing that the area is not safe the officer pulls over to offer the woman a ride.

She tells the officer that she lives around the block. Protocol requires that officers inform the

communication operators anytime a non-law enforcement individual is transported in a police

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vehicle. The officer decides that the distance is short, so declines to announce his or her

intentions. An accident occurs and the woman and her child are injured. Although the officer’s

intentions were good the result was bad. In addition, ethical formalism also believes that what is

considered to be wrong is wrong no matter what. According to ethical formalism, there is no

justification for murder and no good can come from a person taking another person’s life

intentionally (Pollock, 2012). As a major ethical system, ethical formalism is criticized in that it

is unresponsive to extreme circumstances, morality is limited to duty, and the priority of motive

and intent over results is problematic in some instances.

Another form of the deontological ethical system is religion. Religion is the most

acknowledged source of individual ethics. Religion encourages us to take into consideration that

what is morally good is what God has defined as good. All religions support their supreme being

as omnipotent as such we do not have to look or question further. God has provided guidelines

for us to follow, so all we have to do is His will. Although the struggle to understand God’s will

continues, most all religions have the same general ideas of what constitutes good and evil, and

what is right or wrong (Pollock, 2012).

Natural law as a deontological system that purports "what is good is that which is

natural" (Pollock, 2012). An example of applying this system to an ethical dilemma involves

a person who defends self in an effort to safeguard one’s life. If another is injured or killed in this

effort the defenders action is considered to be a natural reaction and therefore seen as a good

action. Natural law can be considered a deontological ethical system because it is much like

religion in that the acts are judged based on the situation (Pollock, 2012).

Slide 13: Major Ethical Systems (Teleological)

Teleological ethical systems, in contrast are concerned with the consequences of the act

rather than the act itself. Under the teleological system, if the action leads to outcomes that are

considered good, then the action itself must be good and whatever the end result is it will justify

the reason that the act was committed in the first place (Pollock, 2012). Utilitarianism, ethics of

virtue, and ethics of care are teleological ethical systems.

Utilitarianism is the view that "what is good is determined by the consequences of the

action". If it can be shown that an action benefits the greater sum, then it is good because it

prevails over the minor degree of harm that the action has caused (Pollock, 2012). An example

of applying this system to an ethical dilemma involves a police officer and his K-9 partner

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who are responding to a robbery call. On arrival, the perpetrators start to fire their weapons. The

officer fires back. His K-9 partner is mortally wounded in the cross fire. Even though the officer

can’t stand the thought of being without his faithful companion, he shots him in an effort to

relieve his suffering. The officer’s action under utilitarianism was a moral choice. As a major

ethical system it is criticized in that all pleasures and benefits are not equal, there is a

presumption that consequences can be predicted, and there is little concern for individual rights

(Pollock, 2012).

Another form of teleological ethical systems is the ethics of virtue. As an alternative to

judging the act or consequences, this ethical system examines the person who is performing the

act. The belief is that in order for something to be considered a good act then the person must be

a good person with virtues such as compassion, honesty, humility, courage, and devotion. If a

person holds such virtues, they are good people and will perform good deeds (Pollock, 2012).

In contrast, ethics of care is founded on the belief that the needs of individuals who are sick,

injured, or incapable of making decisions are of concern. Decisions made under this model are

based on the immediate needs of individuals being cared for and doesn't concern itself with a

person's individual right's (Pollock, 2012). An example of applying this system to an ethical

dilemma involves a person who is seriously injured in a car accident and is put on life support.

Consequently, he is rendered incapable of making decisions about his care. The next of kin

would be called in to make the decision to remove him from or leave him on life support.

Knowing that he would not want to live this way, the next of kin makes the decision to remove

him from life support. This ethical dilemma would be a justifiable moral choice, according to the

ethics of care. However, ethics of care is criticized in that it is vague in providing the steps

necessary to resolve the ethical dilemma.

Slide 14: The Relevancy of Major Ethical Systems to Issues in the Enforcement of the Law

The value of the study of the major ethical systems by criminal justice professionals was

made apparent in this presentation. We conducted an examination of the criminal justice system

to understand how decision makers sometimes fail to make the right choices, or deliberately act

unethically in carrying out their functions. One element of this examination was the review of the

kinds of ethical issues that can arise in criminal justice as highlighted by two criminal cases

involving police and prosecutors. The examinations revealed that studying and applying ethics is

a prerequisite for any competent criminal justice professional. Further, ethical systems are

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relevant to the enforcement of the law because they provide a procedural framework for

managing properly ethical dilemmas; they also demonstrate that there is more than one method

available for resolving ethical dilemmas. In fact, the same ethical system can be used to resolve

different moral dilemmas or multiple ethical systems can be used to resolve a single dilemma

(Pollock, 2012).

Slide 15: Professional Perspective and Experience on Ethics in the Criminal Justice Profession

Class, this is a brief commentary on my first hand knowledge and experience regarding

ethics in the criminal justice profession, law enforcement in specific. The information presented

provided is not scripted.

Slide 16: Conclusion

Although the exercise of ethics is important to the sustainability of an organization,

ethical behavior is an important trait to exercise in all aspects of life. Ethics are important

because they are the foundation upon which a civilized society is established (Robbins &

Coulter, 2007). When ethical behavior is not exercised in the workplace the result is often a loss

of employee trust and damage to leaders’ reputations. The lack of ethical principles can also

lead to an environment where employee morale and productivity are reduced (Schaubroeck et al.,

2007). Left unchallenged the lack of ethics could lead to organizational failure (Robbins &

Coulter, 2007). The ethical dilemmas, resolutions or lack thereof and alternatives discussed in

this presentation aids in the understanding of how important ethics are in maintaining an overall

positive work environment. An organization that fails to address issues of ethics can result in

loss of morale and important human resources needed for the sustainability of the organization

(Robbins & Coulter, 2007; Wagner & Simpson, 2009).

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References

American Bar Association. (2012). ABA: Model rules of professional conduct. Retrieved from

http://www.americanbar.org/groups/professional_responsibility/publications/

model_rules_of_professional_conduct/

model_rules_of_professional_conduct_table_of_contents.html

American Jail Association. (2012). Code of ethics for jail officers. Retrieved from

http://www.aja.org/ethics.aspx

Felkenes, G. 1987. Ethics in the graduate criminal justice curriculum.

Teaching Philosophy, 10(1), 23-36.

Henderson, V. E. (1982). The ethical side of enterprise: The need to define ethics. Sloan

Management Review, 23(3), 37-48.

Herbert, B. (1995). In America: Disgracing the badge. New York Times. Retrieved from

http://www.nytimes.com/1995/09/18/opinion/in-america-disgracing-the-badge.html

International Association of Chiefs of Police. (2012). IACP: Code of ethics. Retrieved from

http://www.theiacp.org/PoliceServices/ExecutiveServices/ProfessionalAssistance/

Ethics/ModelPolicyonStandardsofConduct/tabid/196/Default.aspx

Johnson, R. (2008). Kant’s moral philosophy. Stanford Encyclopedia of Philosophy.

Retrieved from http://plato.stanford.edu/entries/kant-moral/

National Sheriffs’ Association (2012). NSA code of ethics. Retrieved from

http://www.sheriffs.org/sites/default/files/tb/NSACodeofEthics.pdf

Pollock, J. M. (2012). Ethical dilemmas and decision in criminal justice (6th ed.). Belmont, CA:

Wadsworth Publishing.

Pollock, J. M., & Becker, R. F. (1996). Ethics training. FBI Law Enforcement Bulletin, 65(11),

20-28.

Robbins, S. P., & Coulter, M. (2007). Management (9th ed.). Upper Saddle River, NJ: Prentice

Hall.

Schaubroeck, J., Cha, S. E., & Lam, S. S. K. (2007). Embracing transformational leadership:

team values and the impact of leader behavior on team performance. Journal of Applied

Psychology, 92(4), 1020-1030.

Wagner, D. & Simpson, D. (2009). Ethical decision making in school administration (1st ed.).

Thousand Oaks, CA: Sage Publications, Inc.

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Wilhelm, G. M., & Firmin, M. W. (2008). Character education: Christian education perspectives.

Journal of Research on Christian Education, 17(2), 182-198.

References: Supporting Lessons Links

Gleason, T. (2006). Ethics training for police. The Chief of Police, 73(11). Retrieved from

http://policechiefmagazine.org/magazine/index.cfm?

fuseaction=display_arch&article_id=1054&issue_id=112006

Shu, L. L., Gino, F., & Bazerman, M. H. (2009). Dishonest deed, clear conscience:

Self-preservation through moral disengagement and motivated forgetting. Harvard

Business School. Retrieved from http://www.hbs.edu/research/pdf/09-078.pdf

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