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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?
Moral Issues in PolicingMoral Issues in Policing
Should police be held to the same or higher standards than other members of society?– Courage
Apprehending robber
Why or why not?
Moral Issues in PolicingMoral Issues in Policing
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?
Moral Issues in PolicingMoral Issues in Policing
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?
Moral Issues in PolicingMoral Issues in Policing
Recall Bazelon’s Choices in Addressing the Crime Problem.– The choice is goals.
Repressive Order, or Moral Order
• David Bazelon, Federal Appeals Court Judge
Moral Issues in PolicingMoral Issues in Policing
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?
Moral Issues in PolicingMoral Issues in Policing
Should the state violate civil liberties in order to decrease all, some or none of crime?
Moral Issues in PolicingMoral Issues in Policing
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?
Moral Issues in PolicingMoral Issues in Policing
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?
Moral Issues in PolicingMoral Issues in Policing
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.
Moral Issues in PolicingMoral Issues in Policing
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.”
Moral Issues in PolicingMoral Issues in Policing
“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
Moral Issues in PolicingMoral Issues in Policing
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
Moral Issues in PolicingMoral Issues in Policing
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?
Moral Issues in PolicingMoral Issues in Policing
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.
Moral Issues in PolicingMoral Issues in Policing
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.
Moral Issues in PolicingMoral Issues in Policing
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.
Moral Issues in PolicingMoral Issues in Policing
Communitarianism Theory Morality is defined by ideals that define and hold
groups together.
Moral Issues in PolicingMoral Issues in Policing
Implications of Communitarianism• 1. Groups establish their own norms.• 2. Morality becomes equivalent to group
endorsement.
Moral Issues in PolicingMoral Issues in Policing
Criticisms of Communitarianism• 1. Groups norms differ.• 2. Some group norms, such as racial or sexual
discrimination, are wrong.
Moral Issues in PolicingMoral Issues in Policing
Deontological Ethics Morally involves more than only producing good
consequences. Morally right actions are done because we have a duty to do them.
Moral Issues in PolicingMoral Issues in Policing
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.
Moral Issues in PolicingMoral Issues in Policing
Criticisms of Deontological Ethics 1. It is complex and abstract. 2. It does not resolve what is agreed to as
acceptable to all people.
Moral Issues in PolicingMoral Issues in Policing
Virtue Ethics• Morality is determined by individual goodness
rather than goodness of rules or goals.
Moral Issues in PolicingMoral Issues in Policing
Implications of Virtue Ethics• Right actions are determined only on the basis
of their being “right.”
Moral Issues in PolicingMoral Issues in Policing
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.
Moral Issues in PolicingMoral Issues in Policing
Contractarianism• People agree to social contracts. • This is also a basis for examining morality.
Moral Issues in PolicingMoral Issues in Policing
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
Moral Issues in PolicingMoral Issues in Policing
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.
Moral Issues in PolicingMoral Issues in Policing
Trust requires trustworthiness.– Police– Doctors– Public Officials– Students and Teachers
BreakBreak
Read AssignmentsParticipate in Class DiscussionsReview Notes Weekly
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