CRIM4 For Prelim

Download as pdf or txt
Download as pdf or txt
You are on page 1of 17

1 INTRODUCTION TO PROFESSIONAL CONDUCT AND ETHICAL

STANDARDS

A person can be called as a professional based on the standards of education, training,

specific knowledge and skill he possesses in order to fulfill the requirements of a

particular task assigned to him. Law Enforcement is an important and learned

profession as it has direct and dynamic impact on the quality of life of people in terms of

security and peace and order. Professional Ethics can be considered as the personal,

social, organizational and corporate ideologies of behaviors expected from a

professional. Ethics is considered as a mandatory competency for a professional and as

a standard of performance and service the general public can expect to receive from a

professional practitioner. Ethics distinguishes professionals from others in the

marketplace.

Ethics has been defined as the study of morality. In a professional environment ethics is

all about development of reasonable standards for deciding between what is right and

wrong or goodness and badness, an established set of moral beliefs, normative rules of

conduct, and a description about what one should do instead of what one will do in any

particular instance.

Ethics is not merely associated with abiding by the law instead a code of behavior which

goes beyond usual compliance with law. Two basic theories developed by philosophers

include Ethical Absolutism and Cultural Relativism. Ethical Absolutism explains the core

ethical values such as honesty, fairness, integrity, accountability, and respect for others

etc. as global principles and applicable for any individual professional whereas Cultural

Relativism speaks about the ethical values that are specifically formed according to the

characteristics of the society in which we live.

Professional ethics is a continuous process; it is a way of reviewing behavior against

constantly changing standards. What may be ethical today, in a particular society may

be viewed differently by others at another time. This can be influenced by a lot of

parameters such as codes of conduct, legal systems, wider public interests etc.
Segment 2 Professional and Ethical Standards

It is advised that all professionals must be able to demonstrate that they act with

integrity. They shall be honest, straightforward and trustworthy in all their dealings.

Professional shall be conveying appropriate and necessary information in a way that is

understandable to the recipient. Confidential information shall not be divulged to

unintended receivers at the same time they have to be open and transparent to the

concerned parties in all their works. A professional shall act impartially, without any bias

and in the event of any conflicting interest or any potential conflict of interest; the same

shall be informed to the relevant parties. Public interests need to be taken care prior to

making any decisions and a professional shall not accept a gift if it may create an

improper obligation.

A professional shall always provide the best possible service within the context of scope

of engagement. They should clearly understand the employer’s requirements. An

efficient and effective communication system shall be in place. Always try to provide a

fair and reasonable treatment.

Not only the professional life but the activities in personal life of a professional are also

equally important. Always try to keep promises; do what is said and say only what can

be done.

Treat others with courtesy, politeness, consideration and respect immaterial of their

race, religion, size, age, gender, disability, country of origin, cultural differences etc.

Never discriminate against anyone for whatever reason. Always try to provide a fair and

respectful treatment as part of business culture.

A professional shall be accountable for all their actions; they have to take responsibility

whether it is right or wrong. They are supposed to act with skill, care and diligence. A

proper Complaints handling mechanism shall be established and all the complaints are

to be attended to and resolved in a constructive and professional manner.


Segment 3 UNDERSTANDING ETHICS

What is ethics?

Etymologically, the word ethics is coined from the Greek word “ethicos”, or that which

pertains to “ethos”, the English translation of which is “custom” or “character”. From this

etymological meaning, ethics is taken to mean as a philosophical science that deals

with the morality of human conduct or human acts.

What do we mean by “morality of human acts?” Morality of human acts refers to the

goodness or the badness, the rightness or the wrongness of human acts.

Ethics is a philosophical science. This means that ethics is one of the many disciplines

in philosophy.

At its simplest, ethics is a system of moral principles. They affect how people make

decisions and lead their lives.

Ethics is concerned with what is good for individuals and society and is also described

as moral philosophy.

Ethics covers the following dilemmas:

how to live a good life

our rights and responsibilities

the language of right and wrong

moral decisions - what is good and bad?

Our concepts of ethics have been derived from religions, philosophies and cultures.

They infuse debates on topics like abortion, human rights and professional conduct.

Approaches to ethics

Philosophers nowadays tend to divide ethical theories into three areas: metaethics,

normative ethics and applied ethics.

Meta-ethics deals with the nature of moral judgement. It looks at the origins and

meaning of ethical principles.

Normative ethics is concerned with the content of moral judgements and the criteria
for what is right or wrong.

Applied ethics looks at controversial topics like war, animal rights and capital

Punishment

What use is Ethics?

If ethical theories are to be useful in practice, they need to affect the way human beings

behave.

Some philosophers think that ethics does do this. They argue that if a person realizes

that it would be morally good to do something then it would be irrational for that person

not to do it.

But human beings often behave irrationally - they follow their 'gut instinct' even when

their head suggests a different course of action.

However, ethics does provide good tools for thinking about moral issues.

Ethics can provide a Moral map

Most moral issues get us pretty worked up - think of abortion and euthanasia for

starters. Because these are such emotional issues we often let our hearts do the

arguing while our brains just go with the flow.

But there's another way of tackling these issues, and that's where philosophers can

come in - they offer us ethical rules and principles that enable us to take a cooler view

of moral problems.

So ethics provides us with a moral map, a framework that we can use to find our way

through difficult issues.

Ethical standards shall refer to established and generally accepted moral values.

Ethical acts to be observed are the following:

Morality- PNP members shall adhere to high standards of morality and decency and

shall set good examples for others to follow. In no instance during their terms of office,

among other things, shall they be involved as owners, operators, managers or investors
in any house of ill-repute or illegal gambling den or other places devoted to vices, nor

they shall patronize such places unless on official duty, and tolerate operations of such

establishments in their respective areas of responsibilities. They shall be faithful to their

lawfully wedded spouses.

Judicious Use of Authority – PNP members shall exercise proper and legitimate use of

authority in the performance of duty.

Integrity – PNP members shall not allow themselves to be victims of corruption and

dishonest practices in accordance with the provisions of RA 6713 and other applicable

laws.

Justice – PNP members shall strive constantly to respect the rights of others so that

they can fulfill their duties and exercise their rights as human beings, parents, children,

citizens, workers, leaders, or in other capacities and to see to it that others do likewise.

Humility – PNP members shall recognize the fact that they are public servants and not

the masters of the people and towards this end, they should perform their duties without

attracting attention or expecting the applause of others.

Orderliness – PNP members shall follow original procedures in accomplishing tasks

assigned to them to minimize waste in the use of time, money and effort.

Perseverance – Once a decision is made, PNP members shall take legitimate means to

achieve the goal even in the face of internal or external difficulties, and despite anything

which might weaken their resolve in the course of time.

Segment 4 Key terms centric to Police Ethics:

1. Police Ethics- It is the practical science that treats the principle of human morality and

duty as applied to law enforcement.

2. Moonlighting- An act of a member of the PNP pursuing or following any calling or

occupation, or the act of engaging in any business, which includes but not limited to all

activities, jobs, work, and similar functions, performed, engaged in or undertaking by

him, in or off duty hours with or without compensation, which is inconsistent or

incompatible with the PNP duties or functions. Such as a


bouncer, security guard, driver, bodyguard, confidential agent, watchman and any other

occupations of similar nature, in any enterprise or establishment,

public or private, which will prejudice the interest of law enforcement and

public safety.

3. Ethical standard – it refers to the set of conducts and behavior governing a group, a

class or organization.

4. Police customs and social decorum – a set of norms and standards practiced by

members during social and other functions.

5. Nonfeasance/Neglect of Duty- It is the omission of some act, which ought to be

performed. It is the omission or refusal without sufficient excuse, to perform an act or

duty, which as a peace officer’s legal obligation to perform.

6. Misfeasance/Irregularities in the Performance of Duty- It is the improper performance

of some act which might lawfully be done.

7. Malfeasance- It is the performance of some act which ought not to be done. It is

the doing either through ignorance, inattention or malice, of that which the

officer had no legal right to do at all, as when he acts without any authority

whatsoever, or exceeds, ignores, or abuses his powers.

8. Incompetency- It is the manifest lack of adequate ability and fitness for the

satisfactory performance of police duties. This has reference to any physical and

intellectual quality, the lack of which substantially incapacitates one to perform the

duties of peace officers.

9. Oppression- Imports an act of cruelty, severity, unlawful execution, or excessive use

of authority.

10. Dishonesty- It is the concealment or distortion of truth in a manner of a fact

relevant to one’s office or connected with the performance of his duties.

11. Disloyalty to the Government- Consist of abandonment or renunciation of one’s

loyalty to the Government of the Philippines, or advocating the overthrow of the

government.

12. Public official- Includes elective and appointive officials and employees, permanent
or temporary, whether in the career or non-career service, including military and police

personnel, whether or not they receive compensation or not, regardless of amount.

13. Public Officer or Employee- It means any person holding any public office or

employment by virtue of an appointment, election or contract, and any person holding

any office or employment, by appointment or contract in any state-owned or controlled

corporation.

14. Gift- It refers to the thing or right disposed gratuitously, or any act of liberality in

favor of another who accepts it, and shall include a simulated sale or ostensibly onerous

disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value

not given in anticipation of, or in exchange for a favor.

ETHICS IN THE PHILIPPINE NATIONAL POLICE (PNP)

The PNP Professional Conduct and Ethical Standard are based from existing laws

covering public servants as embodied in the Constitution, Revised Penal Code, RA

6713 (The code of Conduct and Ethical Standards for Public Officials and Employees),

and other related statutes. The ethical conduct and standard of the PNP is further

enhanced to fit in their nature of their creation as embodied in the Constitution which is

civilian in nature but military in manner.

Segment 1 – ETHICS VS. MORALITY

Both morality and ethics loosely have to do with distinguishing the difference between

“good and bad” or “right and wrong.” Many people think of morality as something that’s

personal and normative, whereas ethics is the standards of “good and bad”

distinguished by a certain community or social setting.For example, your local

community may think adultery is immoral, and you personally may agree with that.

However, the distinction can be useful if your local community has no strong feelings

about adultery, but you consider adultery immoral on a personal level. By these

definitions of the terms, your morality would contradict the ethics of your community. In

popular discourse, however, we’ll often use the terms moral and immoral when talking
about issues like adultery regardless of whether it’s being discussed in a personal or in

a community-based situation. As you can see, the distinction can get a bit tricky.

It’s important to consider how the two terms have been used in discourse in different

fields so that we can consider the connotations of both terms. For example, morality has

a Christian connotation to many Westerners, since moral theology is prominent in the

church. Similarly, ethics is the term used in conjunction with business, medicine, or law.

In these cases, ethics serves as a personal code of conduct for people working in those

fields, and the ethics themselves are often highly debated and contentious. These

connotations have helped guide the distinctions between morality and ethics.

Ethicists today, however, use the terms interchangeably. If they do want to

differentiate morality from ethics, the onus is on the ethicist to state the definitions of

both terms. Ultimately, the distinction between the two is as substantial as a line drawn

in the sand.

Morality is the quality of human acts by which they are constituted as good, bad or

indifferent.

1. Norms deal with standards of appropriate behavior. There is no value judgment by

the individual as there is with morals. Instead society dictates what is acceptable.

2. Morals involve value judgments and principles about right and wrong in behavior.

They can be decided by individuals or society.

3. Ethics are based upon rules of what is morally good or bad behavior. Since ethics are

rules, they are generally determined by society.

Morality is the foundation of every human society. Without civic morality, communities

perish; without personal morality their survival has no value. Every culture admits the

importance of morality as a standard of behavior. When the moral foundation of a nation

is threatened, society itself is threatened.

Morals are the basis for the definitions of ethics (rules based upon morally good or bad

behavior) and norms (appropriate behavior is arguably, generally moral


Ethics

Social system / External Because society says it is the right thing to do.

Morality

Individual / Internal Because we believe in something being right or wrong.

The terms are all similar in that they deal with right and wrong in behavior. They are

different in that norms deal with societal standards, morals involve value judgments by

individuals or society, and ethics are based upon rules (usually dictated by society).

Moral integrity is the only true measure of what man ought to be. The most successful

professional, is nothing unless he too is morally upright. Thus, the philosophers speak

of Ethics as the “only necessary knowledge”.

Segment 2 - UNDERSTANDING VALUES

Undeniably, there is a metaphysical dependence of values in ethics, for values have

ethics as one of their indispensable carriers. True enough, ethics and values support

each other. An ethics without values is hollow and shallow and, therefore, weak. Values

without ethics are paralytic. Needless to say, values are values even if they are not put

into practice because primarily – not absolutely - values are objective. If values areconstrued this way, it
can be inferred that they have nothing to do with ethics. The

contention can be justified in view of the fact that not everything which is good is moral

or ethical. In other words, not all values (good) are necessarily moral. The good in a

glass of water – because it satisfies our thirst – does not quality water as moral. The

good in food – because it satisfies our hunger – does not make food moral as well.

General definition of Values

1. Values are the object of human desire and striving; they are also the subjective

assessment of a particular object insofar as it is good.

2. Values are our beliefs, those beliefs which we hold to be true. Thus values inspire us

to struggle towards our proximate and ultimate ends.

3. Values refer to things, person, ideas or goals which are important to life; they enable

us to direct, understand, and evaluate our lives. Thus, they refer to our
ideals and our principles by which we live. Further, values are those which we approve,

esteem, enjoy and prize.

ORGANIZATIONAL VALUES

Every organization has values that are important to the group. It will help the

organization to survive. Organizations develop values much the same as each

individual has developed values.

Social Norms

Social Norms are unwritten rules about how to behave. They provide us with an

expected idea of how to behave in a particular social group or culture. For example, we

expect students to arrive to a lesson on time and complete their work.

The idea of norms provides a key to understanding social influence in general and

conformity in particular. Social norms are the accepted standards of behavior of social

groups.

These groups range from friendship and workgroups to nation-states. behavior which

fulfills these norms is called conformity, and most of the time roles and norms are

powerful ways of understanding and predicting what people will do.

There are norms defining appropriate behavior for every social group. For example,

students, neighbors and patients in a hospital are all aware of the norms governing

behavior. And as the individual moves from one group to another, their behavior

changes accordingly.

Norms provide order in society. It is difficult to see how human society could operate

without social norms. Human beings need norms to guide and direct their behavior, to

provide order and predictability in social relationships and to make sense of and

understanding of each other’s actions. These are some of the reasons why most

people, most of the time, conform to social norms.

CHARACTER VS. PERSONALITY


Character

It is objective in nature. It is within a person.

A particular system of trait that is permanent to each person.

It is molded depending on his environment.

Personality

It is subjective. It changes at point in time.

A set of characteristics that each person possesses.

It influences how one behaves as well as one’s motivation.

Segment 1 – FIVE PILLARS TOWARD AN ETHICAL PNP MEMBER

1. Background of the applicants – this includes the qualification like educational

attainment and morality.

2. Type of training – strengthening the behavior of the selected applicant is believed to

be the objective of the PNP training.

3. Response to training – trainees’ obedience to legal orders is indispensable in

undergoing the training.

4. Determination – trainees’ determination to pursue the required training.

5. Ability to rise when fall – It is but natural to fail but what matter is the ability to rise

especially when put in hot water. Facing the consequences of our action is a sign of

maturity.

Segment 2 – PROFESSIONAL POLICE PRINCIPLE

1. Prevention of crime and disorder

2. Cooperation of community

3. Unreasonable force reduce community cooperation

4. Use of Reasonable Force When Persuasion Is Not Sufficient 5. Impartial

Enforcement of Laws

6. The Community Are the Police

7. Police Should Not Usurp Judicial Powers

8. Reduction of Crime and Disorder


9. Rule of Enforcement Impartially Observed

10. Police Discretion

The police is the community and the community is the police.

Ethical practice must be observed within the PNP must be observed at all

times.

A. Read the excerpt from the essay on Ethics in Policing by William Whitlatch and

write a response essay in no less than 300 words. Apply the pillars of an ethical

PNP members and professional Police members in your answer.

Ethics is defined “as the discipline dealing with what is good and bad and with

moral duty and obligation” (Merriam-Webster Online). This concept is prevalent

in the world of police work since police officers are supposed to be the “good” in

whatever is considered a “bad” situation. Many police departments offer training

in ethics during the time in which a cadet is in the police academy and after

officers are put on the streets, which is called in-service training. It is the hope

that while this training is available to officers, that they hold a basic code of

ethics within themselves While the wording of the police code of conduct may

vary by jurisdiction, the end result is the same— “protect those that need

protecting, perform the job with integrity, keep others information confidential

unless the performance of duty or legal provision requires otherwise, use

discretion based on reasonableness, never employ use of force unless in the

defense of life, and behave in a manner that does not discredit the office in

which they are employed” (Ethics and Law Enforcement, 2002). Corruption

Police corruption is one of the ethical issues affecting law enforcement officers.

Corruption is defined as “impairment of integrity, virtue or moral principle;

inducement to do wrong by improper or unlawful means” (Merriam Webster

Online, 2009). While the most recognizable form of corruption involves officers

taking money for favors (bribery), the actions that are considered corruption
include filing false police reports, harassment of any person due to sex, race,

creed, religion, national origin or sexual orientation, and failure to protect the

rights of citizens. Corruption exists in all levels of law enforcement.

Segment 1 CANONS OF POLICE ETHICS

1. Primordial Police Responsibility

- The primary objective of police is the prevention of crime.

2. Limitation of Police Authority- As an upholder of the law, policemen must know the limitation in
enforcing the law,

thus:

a. He must be aware of the limitations which the people, through law, have placed him.

b. He must recognize the center of the democratic system of government, which gives

person or group of persons, absolute power.

c. He must insure that he does not pervert its true character.

3. Knowledge of the Law and other Responsibility

- The policeman shall assiduously apply himself to the principles of the laws, which he is

sworn to apply.

a. He will make certain of his responsibilities in the particular field of enforcement,

seeking aid of his superior in matters technically or in principles not clear to him

b. He shall make special effort to fully understand his relationship with law enforcement

agencies, particularly on matters of jurisdiction, both geographically and substantively.

4. Use of proper Means to Obtain Proper Ends

a. The policeman shall be mindful of his responsibility to have strict selection of

methods in discharging the duty of his office.

b. Violation of law or public safety and property on the part of the officer are

intrinsically wrong. They are self-defeating if they instill in the public mind. c. The

employment of Illegal methods, no matter how worthy the end, is certain

to encourage disrespect for the law and its officers, If the law is to be

honored, it must first be honored by those who enforce it.


d. it is the proper performance of duty not the nobleness of the objective or

mission which should guide every police officer.

5. Cooperation with Public Officials

a. The policeman shall cooperate fully with other public officials in the performance or

authorized duties, regardless of party affiliation or personal prejudices.

b. He shall be meticulous in law, however, in assuring himself as property, under the

law, such actions shall guard against the use of his office or person whether knowingly

or in any improper or illegal action.

6. Proper Conduct and Behavior

a. The policeman shall be mindful of his special identification by the public as an

upholder of law.

b. The community and the service require that the policeman leads the life of

decent and honorable person, following the career of policeman gives

no special pre-requisite.

c. being a law enforcement officer is a noble profession, it follows that every law

enforcer must think, act and speak with decency and appropriately .

7. Conduct toward the Public

The law enforcement officer, mindful of his responsibility to the whole community, shall

deal with individuals of the community in a manner calculated to instill respect for its

laws and its police service. The law enforcement officer shall conduct his official life in a

manner such as will inspire confidence and trust. Thus, he will be neither overbearing

nor subservient, as no individual citizen has an obligation to stand in awe of him nor a

right to command him. The officer will give service where he can, and require

compliance with the law. He will do neither from personal preference or prejudice but

rather as a duly appointed officer of the law discharging his sworn obligation.

8. Conduct in Arresting and Dealing with Law Violators

The law enforcement officer shall use his powers of arrest strictly in accordance with the
law and with due regard to the rights of the citizen concerned. His office gives him no

right to prosecute the violator nor to mete out punishment for the offense. He shall, at all

times, have a clear appreciation of his responsibilities and limitations regarding

detention of the violator; he shall conduct himself in such a manner as will minimize the

possibility of having to use force. To this end he shall cultivate a dedication to the

service of the people and the equitable upholding of their laws whether in the handling

of law violators or in dealing with the law-abiding.

9. Firmness in Refusing Gifts or Favors

a. Policeman representing the government bears heavy responsibility of

maintaining, in his conduct, the honor and integrity of all government

institution.

b. He shall guard against placing himself in a Position in which the public can

reasonably assume that special consideration is being given.

c. He shall be firm in refusing gifts, favors or gratitude, large or small, which can

be public mind, be interpreted as capable of influencing his judgment in

the discharge of his duties.

10. Attitude towards Police Profession

a. Policeman shall regard the best possible of his duties as a public trust and recognize

his responsibilities as a public servant.

b. He shall strive to make the best possible application of science to the selection of the

crime and in the field of human relation.

c. He shall strive for effecting leadership and public influence in matters affecting public

safety.

d. He shall appreciate the importance and responsibility of his office, and hold police

work to be an honorable profession rendering valuable service to his community.

e. Through study and experience, a police officer can acquire the high level of
knowledge and competence that is essential for the efficient and effective performance

of duty. The acquisition of knowledge is a never- ending process of personal and

professional development that should be pursued constantly.

11. Impartial Presentation of Evidence

a. Policeman shall be concerned equally in the prosecution of the accused or

for the defense of the innocent

b. He shall ascertain what kind of evidence and shall present such evidence

impartially and without malice.

c. He shall ignore social, political and all other distinction among the person

involved, strengthening the tradition of reliability and integrity of an officer’s word.

Segment 2 LAW ENFORCEMENT CODE OF ETHICS

As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard

life and property; to protect the innocent against deception, weak against oppression or

intimidation and the peaceful against violence or disorder: and to respect the

constitutional rights of all men, liberty, equality and justice.

I will keep my private life unsullied as an example to all; 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 in deed both my personal and official life. I

will be exemplary in obeying the laws of the land and regulations of my organization.

Whatever I see or hear of a confidential in nature or is confided to me in my official

capacity will be kept ever secret unless revelation is necessary in the performance of

my duty.

I will never act officiously or permit personal feelings, prejudices, animosities or

friendship to influence my decision; 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 in return.

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. I know that I alone is responsible for my own standard or professional performance and

will take every reasonable opportunity to enhance and Improve my level of knowledge

and competence. I will constantly strive to achieve these objectives and ideals,

dedicating myself before God and my chosen profession.... Law Enforcement.

You might also like