SOUTH DAKOTA BASIC LAW ENFORCEMENT

OFFICER CERTIFICATION COURSE

TOPIC: LAW ENFORCEMENT ETHICS

TRAINEE GUIDE
HOURS: 4

DESIRED OUTCOME FOR THIS CLASS

Provide trainees with information and tools to aid them in making the proper
decision when faced with an ethical dilemma

TRAINING OBJECTIVES: Given a written examination

1.

Explain the importance of character and ethics in law enforcement and

describe the causes and impact of unethical behavior by law enforcement
officers

2.

Describe the methods (models) of ethical decision making that help law
enforcement officers make the proper decision when faced with an ethical
dilemma

CRITERIA: The trainee shall be tested on the following:

1.
2.
3.
4.

5.
6.
7.

Definition of Ethics
Josephsons Six Pillars of Character
5 Principles of Ethical Policing
Ethical Decision-Making Methods (Models)
a.
A.C.T.
b.
Ethics Check Questions
c.
Ethical Choice Strategies
The Common Statements Neutralizing Ethical Conduct
The Four Individual Motivations/Causes of Misconduct
The Continuum of Compromise

LESSON:
I.

6/12

Whats it in for you?

A.

Retirement unethical officers are not making it to retirement

B.

Peace of Mind Self-worth. The personal knowledge that you are

doing the right thing

C.

Personal/Internal Awards the sense that you do not need the

outside pats on the back to validate that you are doing the right
thing

II.

D.

Career Development As a member of the organization, the ability

to be what you want to be, and where you want to be. Problem
employees are not typically placed in high profile positions of trust

E.

Officer Survival Survival, in general, due to stress, but even more

so in an on the street capacity. An officer who is known to be
ethical (will not plant evidence, violate rights, abuse, etc.) can be
said to be safer than an officer with a reputation for doing all those
things

Defining Ethics
A.

Ethics is a code of values which guides our choices and actions

and determines the purpose and course of our lives. Michael
Josephson

B.
III.

Six Pillars of Character (Josephson Institute of Ethics) . Provide a set of

anchors against which one can measure his/her behavior.
A.

B.

6/12

Ethics is NOT a written code or credoIts about WHAT WE DO

Trustworthiness includes aspects of:

1.

Honesty: (In both communication and conduct)

commitment to truthfulness, sincerity, candor, as well as
avoidance of stealing, cheating, trickery

2.

Integrity: Moral wholeness/consistent walking the talk

moral courage

3.

Promise Keeping: Promises create a legitimate basis for

other to rely on us to make all reasonable efforts to fulfill
commitments

4.

Loyalty: Moral responsibility to promote or protect interests

of certain persons or organizations spouse, family,
employer, school Patriotism. BUT limits to loyalty: a
reciprocal concept. Cannot expect another to sacrifice
ethical principles for a special relationship

Respect Treat all with respect. A commitment to providing

information people need to make informed life decisions:
propriety tolerance no intimidation or prejudice
1.

for self

2.

for others

3.

for your decisions

C.

Responsibility includes aspects of:

1.

Accountability: I will accept responsibility for my decisions.

Dont shift blame to others. Dont accept credit for work of
other. Lead by example

2.

Pursuit of Excellence: Do your best. Employ good work

habits. Continuous improvement
Self-restraint: Voluntarily delay gratification. Avoid win-atany costs

3.

IV.

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D.

Justice & Fairness (Equity. Due Process. Open. Consistent)

Keep in mind that stakeholders with conflicting interests may
disagree on what is fair. May require a range of morally justifiable
outcomes

E.

Caring Concern for interests of others. ALWAYS consider how

decision will affect others DOES NOT preclude decisions which
cause harm SHOULD consciously cause no more harm than is
reasonably necessary to perform duty

F.

Civic Virtue & Citizenship Beyond your own self-interestsocial

consciousness an obligation to contribute to the overall public
good community service; doing your share vote, pay taxes,
protect the environment, give time/money to charity

Standards/Principles of Ethical Policing

A.

Fair Access As a social resource, police must provide fair and

open access to all services. Social Contract. Talks to both
favoritism and neglect

B.

Public Trust (Accountability) Citizens having given up the right to

enforce their rights, have make police work a public trust and
expect that thrust to be honored in the conduct of police business

C.

Safety and Security vs. full enforcement. Police should use

discretion in balancing the goal of maintaining order and security
with the goal of law enforcement. Should all laws be enforced
blindly? High speed pursuits for simple traffic infractions.
Noble Cause Issues

D.

Teamwork Police are part of larger system of legislators, other

law enforcers, judges behavior must meet the test of
coordination, communication, and cooperation with all parts of the
system. Talks about officer who teaches someone a lesson but
undermines others; will not share info/seeks personal glory; carries
teamwork too far/loyalty without limits

E.

V.

Objectivity Police must be disinterested party/impartial. Social

role requiring officers to set aside personality and demonstrate
objectivity, e.g. abortion issue.

Identifying and Making Choices

A.

Against the backdrop of the 6 Pillars of Character and the 5

Principles of Ethical Policing, there are means by which we can
identify and select choices:

FALLACY: I didnt have any choice!

I had to take the free food or there would have been a
scene with the store owner

eg:

I had to keep quiet when my partner lied in his deposition

about where the evidence was found. After all, the guy did
plead guilty

B.

YES, YOU DO HAVE A CHOICE

C.

Think then A.C.T.

D.

VI.

eg:

1.

A Identify Alternatives

2.

C Project Consequences

3.

T Tell your Story

An additional dynamic (often over-looked) that must be considered

in the making of ethical decisions is Stakeholders any person,
organization, or entity that may be affected by what you do.

Common Methods of Ethical Decision-making (Blanchard and Peal, Power of

Ethical Management)

A.

6/12

The Ethics Check Questions

1.

Is it Legal? Does my decision violate any codes, laws,

constitutions, written proscriptions? Just because it is legal,
does that always make it ethical?

2.

Is it Balanced? Is my decision fair to all, both in the short

and long terms? Does it promote win-win outcomes with
family, community, neighbors, peers, and friends? Do I
possess special information, because of my job, that will
give me an unfair advantage over others? Is there a conflict
between serving MY interests and those of the community?

3.

B.

How will I feel about Myself? Will I be able to explain my

actions so that my family, agency, significant others,
community will understand and agree with my choice?
(Test: child looking over my shoulder)

The Ethical Choice Strategies (Michael Josephson The Josephson

Institute)

VII.

1.

Bell Do any bells/warning buzzers go off as I consider my

choice of actions?

2.

Book Does it violate any laws, written codes, etc.?

3.

Candle Will my decision be able to withstand the light of

day or the spotlight of publicity?

Analyzing Reactions or Responses to Ethical Situations how do we go

about explaining or rationalizing our behavior?
A.

Common Statements Neutralizing Ethical Conflict (Sykes and Matza)

1.

Denial of Responsibility It wasnt my fault. Someone or

something else caused me to do this. I was drunk, I was
temporarily out of control. The adrenalin dump took over

2.

Denial of Injury Nobody was hurt so whats the problem?

I know our policy says I shouldnt pursue, but. Its only
a minor error in the report, and the guy was guilty anyway

3.

Denial of the Victim The guy deserved it. Hes a scumbag

anyway. Anybody that does what he did deserves what he
got

4.

Condemnation of the Condemners if you think what I did

was bad, wait until I tell you what the Chief did. The Theory
of Relative Filth.
Appear to Higher Loyalties We had to stick together; we
are a family, unit, team, gang, etc.

5.

VIII.

6/12

The Four Individual Motivations/Causes of Misconduct

A.

Anger (Assault, Simple Assault, Aggravated Assault, Excessive

Force by Ofc., Excessive Force by Corr., Domestic Violence,
Damage to Property, Cruelty toward Child, Weapon Offense,
Disorderly Conduct)

B.

Lust (Sexual Assault, Sexual Assault-Child, Stalking, Sex

Offense-Adult, Sex Offense-Child, Sexual Harassment, Obscene

Material-Possess, Obscene Material-Distribute, Sexual Relations

with Inmate, Sex on Duty, Procure for Prostitute)

IX.

C.

Greed most common act of unethical behavior by law

enforcement officers (Extortion, Burglary, Larceny, Forgery
Fraud, False Statements Overtime, Cocaine/Marijuana-Sell,
Bribery, Smug Contraband Prison, Misuse Public Property, Drug
Smuggling, Income Tax Evasion)

D.

Peer Pressure -- Dangerous Drugs, Cocaine Possession, Positive

Drug Test, Marijuana Possession, DUI-Liquor, Perjury, Obstructing
Justice

Reaching for What is Right

A.

Everyone faces tough choices

B.

Right vs. wrong are clearly answered

C.

For people with sound values, the tough choices pit one right
against another right vs. right situation are everywhere, eg.,
* It is right to protect the endangered spotted owl in the Northwest
forest, and right to safeguard jobs for loggers
It is right to honor a womans right to make decisions about her
body, and right to protect the unborn
It is right to throw the book at good employees who make dumb
decisions and endanger the organization, and right to have
compassion and give them a second chance

D.

6/12

In true Right vs. Right dilemmas, both choices are rooted in core
values
1.

Truth vs. Loyalty Take care not to be misled into thinking

that loyalty to persons engaged in wrong behavior is a right
choice. Even though loyalty as a concept is a valid right
choice, loyalty for the wrong reason is not

2.

Self vs. Community Who benefits in this decision? Me or

the community? One woman or many women? One
employee or a group?

3.

Short Term vs. Long Term Often difficult to predict long

term with accuracy. Should I sell my car now and enjoy a
new one, or hold onto my old one for my child? If I spend
now, do I diminish my ability to live later?

4.

X.

Continuum of Compromise
A.

Victimization
1.
2,
3.

XI.

6/12

Justice vs. Mercy What does the law say? What does the
heart say? Should justice be swift, sure, and painful, or
slow, deliberate and thoughtful to the seriousness of the
event? Should prior events matter?

Over-identification & Over-investment

Entitlement versus Accountability
Loyalty versus Integrity

B.

Acts Omission

C.

Acts of Commission (Administrative & Criminal)

Conclusion
A.

The Boiling Frog Syndrome The need for Perspective, to avoid

being trapped in the gradual decline of behavior. Unhealthy
cultures did not happen overnight, but most likely in a
gradual/incremental fashion. Example of the frog: If you try to put
a frog in a pan of boiling water, it will leap out. But if you put a frog
in a pan of cool water, and gradually increase the temperature, the
frogs system will adapt to the increased temperature in increments
until he finds himself in the boiling water and perishes

B.

The Climbing Crab Syndrome If a number of crabs are placed in

a pail and one happens to reach up and grab the lip of the pail with
the intention of pulling himself out, one of the others will reach up
and grab that crab and pull it back into the mix

C.

Ask yourself the following:

1.

Where do you want to be 15 years from now?

2.

What kind of person do you want to be 15 years from now?

3.

Will this decision head me in that direction?