CRIM 4- PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

Ethics

The science of the morality of man; study of human motivation and ultimately of human rational behavior.

3 Major Areas of Ethics (MAN)

1. Meta-ethics

2. Applied Ethics

3. Normative Ethics

Meta-Ethics

Is a branch of philosophy that explores the nature, scope, and meaning of moral judgments. Rather than asking what is morally right or wrong, meta-ethics asks how we understand moral concepts and how we justify moral claims. Meta-ethics delves into questions like:

What is the nature of moral truth?

Are moral judgments objective or subjective?

How do we know what is morally right or wrong?

Applied Ethics

Concerning what a person is obligated (or permitted) to do in a specific situation or a particular domain of action.

Normative Ethics

Is the study of how people ought to behave. It explores what is right and wrong, good and bad, and seeks to establish moral principles that guide human actions. It provides a framework for evaluating actions and making ethical decisions.

Principles of Ethics

1. Respect for Persons/Autonomy

-Acknowledge a person's right to make decisions

2. Justice

-Treat others equitably, distribute benefits/burdens fairly

3. Non maleficence

-Obligation not to inflict harm intentionally

4. Beneficence

- Action done for the benefit of others

Morality

Is a system of principles and values that govern human behavior. It's about distinguishing between right and wrong, good and bad. Morality often involves concepts like fairness, justice, honesty, and compassion. It can be influenced by various factors, including culture, religion, and personal beliefs.

Norms

Are unwritten rules or expectations that govern the behavior of individuals within a society or group. They define what is considered normal or appropriate in a particular social context.

Types of Norms

1. Folkways:

These are everyday customs and manners that are not strictly enforced. Examples include saying "please" and "thank you," dressing appropriately for social situations, or using specific table manners.

2. Mores:

These are more serious norms with moral significance. Violating mores can lead to social disapproval or even legal consequences. Examples include prohibitions against murder, theft, and adultery.

3. Taboos:

These are strongly held norms that are considered forbidden or repulsive. Taboos often involve actions that are deeply offensive to a society's moral standards. Examples include incest and cannibalism.

4. Laws:

These are formal rules enforced by government institutions. Laws are the most serious type of norm, and violating them can result in legal penalties.

Nota Bene

Morality is a broader concept that includes values and principles, while norms are specific rules or expectations within a particular society or group.

Values

Are basic and fundamental beliefs that guide or motivate attitudes or actions. They are individual beliefs and principles that guide a person's behavior.

Classification of Actions According to Norms

1. Moral Actions

2. Immoral Actions

3. Amoral Actions

Moral Actions

Actions which are in conformity with the norms of morality.

Immoral Actions

Actions which are not in conformity with the norm of morality.

Amoral Actions

Actions which stand neutral in relation to morality. Example, a child who doesn't understand right and wrong cannot be considered moral or immoral.

Code of Ethics

Refers to to set of moral and ethical principles that all registered criminologist must abide by as they practice the profession.

Philippine Registered Criminologist Professional Conduct and Ethical Standards (Primary Responsibilities)

a. The primary responsibility of every person admitted to the practice of Criminology as a Registered Criminologist is to bear faithful allegiance to the Republic of the Philippines and be loyal to his profession. They shall accept as a sacred obligation and responsibility as citizens to support the Constitution of the Philippines and as a Registered Criminologist to defend the principles of liberty as defined in the Constitution of Laws.

b. As a Registered Criminologist they shall strive to improve their effectiveness by diligent study and sincere attention to improvement and welcome the opportunity to disseminate practical and useful information relating to matters accruing to the benefit of public safety and welfare.

Philippine Registered Criminologist Professional Conduct and Ethical Standards (Limitation of Authority)

a. The first duty of a criminologist as upholder of the law is to know its bonds upon him, be aware of limitations and prescriptions and recognize the system of government that gives to no man, group or institution absolute power. He must ensure that he is a prime defender of that system and as such must never pervert its character.

b. They shall in the performance of their duty be just, impartial and reasonable, never according anyone more preferential treatment than another they shall recognize the limitation of their authority and at no time use the power of their profession for personal advantage.

Philippine Registered Criminologist Professional Conduct and Ethical Standards (Private Conduct)

a. The Registered Criminologist must be mindful of his special identification by the public as an upholder of the law. He must never be lax in conduct or manner in private life, express disrespect for the law, nor seek to gain special privileges that would be reflective upon the profession. He must so conduct his private life that the public will regard him as an example of stability, fidelity, and morality.

b. He must strive to elevate the standing of the profession in the public mind, strengthen public confidence in law enforcement, develop and maintain complete support and cooperation of the public and insure the effectiveness by encouraging complete cooperation of members of their mutual benefit.

Philippine Registered Criminologist Professional Conduct and Ethical Standards (Conduct Towards The Public)

a. The Criminologists reminded at all times that dignity, fairness and genuine willingness to help are essential to their public image and their ability to do a good job.

b. The Criminologist, mindful of their responsibility to the whole community, deal with individuals of the community in a manner calculated to instill respect for its laws and her profession.

c. They shall be habitually courteous and accept their responsibility by being punctual and expeditious in their engagements and duties, they shall regard their profession as a public trust and in the discharged of their duties, bear constantly in mind their obligation to serve the public efficiently and effectively.

Philippine Registered Criminologist Professional Conduct and Ethical Standards (Attitude Towards Profession)

a. The Criminologist shall strive to take the best application of science to the solution of crime, by diligent study and sincere attention to self-improvement, and in the fields of human relationships, strive for effective leadership and public influence in matters affecting public safety.

b. He shall appreciate the importance and responsibility of his profession as an honorable one rendering valuable service to his community and country. They shall strive to attain certain technical and professional conclusions capable of the most withering cross-examination particularly from fellow criminologist.

c. He shall avoid outside influence from overzealous and overanxious clients and his findings shall be based solely and entirely on logical and scientific deduction derived from a fair and impartial examination personally performed by him.

d. He must not lose sight of the important fact that he should not only work for the identification, apprehension and conviction of criminals but must strive with greater if not equal vigor to the clear innocent.

Philippine Registered Criminologist Professional Conduct and Ethical Standards (Attitude Towards Fellow Criminologist)

a. The Criminologist shall strive constantly to improve professional standing of Criminology through association with others in the profession and keeping abreast with the fast moving world of science and technology through constant research and development.

b. He shall cooperate fully with fellow criminologists regardless of personal prejudice.

c. He shall cooperate with fellow criminologist and public officials to the end that safety and general welfare of the public will be assured, never permitting jealousness or personal differences to influence their professional duties and obligations.

RA 11131

The Philippine Criminology Profession Act of 2018

RA 11131 Section 22. Revocation or Suspension of the Certificate of Registration and Cancellation of Temporary/Special Permit

(a) Violation of any provision of this Act, its IRR, the Code of Ethics, the Code of Good Governance, or policy of the Board and/or the Commission;

(b) Conviction of a crime with finality involving moral turpitude;

(c) Perpetration or use of fraud in obtaining one's certificate of registration, professional identification card or temporary/special permit;

(d) Gross incompetence, negligence or ignorance resulting to death or injury of a person, or damage to property;

(e) Nonrenewal of the professional identification card for a period of six (6) years with the PRC without justifiable cause;

(f) Aiding or abetting the illegal practice of a non-registered criminologist by allowing the use of one's certificate of registration and/or professional identification card or temporary/special permit;

(g) Illegally practicing the profession during the suspension from the practice thereof;

(h) Addiction to drugs or alcohol impairing one's ability to practice the profession or a declaration by a court of competent jurisdiction that the registrant is of unsound mind; and

(i) Noncompliance with the CPD and APO requirements, unless one is exempted therefrom, for the renewal of the professional identification card.

RA 11131, Section 21. Refusal to Issue Certificate of Registration and Professional Identification Card or Temporary/Special Permit.

The Board shall not register any successful applicant for registration who has been:

(a) Convicted with finality of a crime involving moral turpitude by a court of competent jurisdiction;

(b) Found guilty of immoral or dishonorable conduct by the Board;

(c) Summarily adjudged guilty for violation of the General Instruction to Examinees by the Board; and

(d) Declared of unsound mind by a court of competent jurisdiction

RA 6713

Code of Conduct and Ethical Standards for Public Officials and Employees

Norms of Conduct of Public Officials and Employees

Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest

(b) Professionalism

(c) Justness and sincerity

(d) Political neutrality

(e) Responsiveness to the public

(f) Nationalism and patriotism

(g) Commitment to democracy

(h) Simple living

Duties of Public Officials and Employees (ASPAM)

(a) Act promptly on letters and requests

(b) Submit annual performance reports

(c) Process documents and papers expeditiously

(d) Act immediately on the public's personal transactions

(e) Make documents accessible to the public

Prohibited Acts and Transactions

a) Financial and material interest

(b) Outside employment and other activities related thereto

(c) Disclosure and/or misuse of confidential information

(d) Solicitation or acceptance of gifts

Divestment

A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall resign from his position in any private business enterprise within thirty (30) days from his assumption of office and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.

Divestment for government officials is a requirement in many countries, including the Philippines, to prevent conflicts of interest. It involves selling off assets or resigning from positions in private companies to avoid situations where personal interests could influence official decisions. This is crucial to ensure transparency, accountability, and ethical conduct in public service.

Nota Bene

The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to laborers and casual or temporary workers.

Law Enforcement Code of Ethics

The Canons of Police Ethics

1. Primordial Police Responsibility

2. Limitation of Police Authority

3. Knowledge of the Law and other Responsibility

4. Use of Proper Means to Obtain Proper Ends

5. Cooperation with Public Officials

6. Proper Conduct and Behavior

7. Conduct towards the Community

8. Conduct in Arresting Law Violator

9. Firmness in Refusing Gifts or Favors

10. Attitude towards Police Profession

11. Impartial Presentation of Evidence

The PNP Core Values

The police service is a noble profession and demands from its members specialized knowledge and skills and high standard of ethics and morality. Hence, the members of the Philippine National Police must adhere to and internalize the enduring core values:

-Love of God

-Respect for Authority

-Respect for Women

-Respect for sanctity of marriage

-Stewardship over material things

-Responsible dominion

-Truthfulness

The Police Professional Conduct

1. Commitment to Democracy

2. Public Office is a Public Trust

3. Commitment to Public Interest

4. Non-partisanship

5. PNP Conduct during Labor Dispute

6. Physical Fitness and Health

7. Secrecy Discipline

8. Social Awareness

9. Proper Care and Use of Public Property

10. Non-Solicitation of Patronage

11. Respect for Human Rights

12. Devotion to Duty

13. Conservation of Natural Resources

14. Discipline

15. Loyalty

16. Obedience to Superior

17. Command Responsibility

Commitment to Democracy

Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.

Commitment to Public Interest

Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

Non-Partisanship

PNP members shall provide services to everyone without discrimination regardless of party affiliation in accordance with existing laws and regulations.

Secrecy Discipline

All PNP Members shall guard the confidentiality of classified information against unauthorized disclosure.

Non-Solicitation of Patronage

All PNP members seeking self-improvement through career development and shall not directly or indirectly solicit influence or recommendation from politician, high ranking government officials, prominent citizens, persons affiliated with civic or religious organization with regard to their assignment, promotion, transfer or related advantage.

Command Responsibility

In accordance with the Doctrine on Command Responsibility, immediate Commanders/ Directors shall be responsible for the effective supervision, control and direction of their personnel.

The Police Ethical Standards

1. Morality

2. Judicious use of Authority

3. Justice

4. Humility

5. Orderliness

6. Perseverance

7. Integrity

Characteristics of a Police officer's Job

1. The Uniform

2. The Power

3. The Working Hours

4. The Danger

5. The Dirty Works

Strengths of the PNP

1. Spiritual Beliefs

2. Valor

3. Patriotism

4. Discipline

5. Courteous

6. Word of Honor

7. Duty

8. Loyalty

9. Camaraderie

Spiritual Beliefs

During times of great personal crisis and danger, they bravely forge on, confident that divine providence will grant them protection and safety.

Valor

They sacrificed their limbs and lives for the sake of their countrymen whom they have pledged to serve.

Patriotism

They manifest their love of country with a pledge of allegiance to the flag and a vow to defend the constitution.

Duty

PNP members perform their tasks with deep sense of responsibility and self-sacrifice. They shall readily accept assignment anywhere in the country.

Camaraderie

The binding spirit that enhances teamwork and cooperation in the police organization, extending to the people they serve, is manifested by the PNP members' deep commitment and concern for one another.

Weakness of the PNP

1. Misplaced Loyalty

2. Cynicism

3. The Use of Force

4. "The Police as Victims" Mentality

5. Preferential Application of the Law

6. "The Police as Untouchables"

7. Rewards

8. Due Process

9. Lying and Deception

Misplaced Loyalty

The loyalty is on fellow officers not on the government and the people they serve.

Cynicism

Is a general distrust of the motives and abilities of others. It's a belief that people are motivated primarily by self-interest, rather than by good intentions.

Most Common Types of Corruption in the PNP

1. Case Fixing

2. Bribery

3. Extortion or Shakedowns

4. Protection

5. Recycling

6. Selective Enforcement

7. Internal Pay-offs

8. Corruption of Authority

9. Kickbacks

10. Opportunistic Theft

11. Fixes

12. Direct Criminal Activity

Case fixing

The subjective imposition of penalties or downright sabotage of the investigation process in exchange for money or other things for personal gain.

Extortion or Shakedowns

The common practice of holding "street court", where incidents such as minor traffic tickets can be avoided with a cash payment to the officer and no receipt given.

Recyling

The use or sale of confiscated items and evidence, usually drugs or narcotics.

Internal Pay-offs

Sale of work assignments, day-offs, holidays, vacation periods, and even promotions.

Kickbacks

This type of police corruption occurs when the police officers receives any consideration such as money and other valuable materials in return to a police services which a police officer should be performed.

Direct Criminal Activity

This is the worst behavior of a police by involvement of police

officer in a criminal activity and profiting on it.

Categories of Corrupt Police Officers

1. White Knights

2. Straight Shooters

3. Grass Eaters/Vegetarian Cops

4. Meat Eaters/Carnivorous Cops

5. Rogues

White Knights

These are straightforward fellow, honest to a fault, and often take an extreme position on ethical issues. They are realistic and often render strict decisions in accordance with the law. Thus, they are considered a loner and deviant to the eyes of the colleagues who are corrupt and killjoy to the others.

Straight Shooters

These are honest policemen who are ready to hide the corrupt

practices for their comrades as part of camaraderie. They observe principle of "omerta" or hiding the secret of fellow policemen.

Principle of Omerta

Is an Italian code of silence and honor that emphasizes secrecy, loyalty, and the avoidance of interaction with authorities. It's a strict code often associated with organized crime, particularly the Mafia.

Grass Eaters/Vegetarian Crops

These are police man who just keep on waiting for the opportunities. They are engaged in relatively minor type of corruption opportunities as they present themselves.

Meat Eaters/Carnivorous Cops

They are worst because they come out of the headquarters to look for the opportunities. They actively seek out corruption opportunities and engage in both minor and major patterns of corruption.

Rogues

Are policemen who are considered having all the deviant behaviors of a corrupt policeman. They involve in dirty works and dirty money and are considered bad to the bone.

Police Misconduct

1. Malfeasance or Misconduct

2. Misfeasance or Irregularities in the Performance of Duty

3. Nonfeasance or Neglect of Duty

Malfeasance

Is any wrongful, improper or unlawful conduct motivated by premeditated, obstinate or intentional purpose.

Example:

A police officer pulls over a driver for a minor traffic violation. During the traffic stop, the officer finds a small amount of marijuana in the driver's car. Instead of issuing a citation, the officer demands a bribe from the driver in exchange for not arresting them. This act of demanding and accepting a bribe is a clear example of malfeasance.

Misfeasance

Is the improper performance of some act which might be lawfully be done.

Example:

A police officer is tasked with arresting a suspect. While making the arrest, the officer uses excessive force, causing unnecessary injury to the suspect.

Nonfeasance

Is the omission or refusal, without sufficient excuse, to perform an act or duty, which it was the peace officer's legal obligation to perform; implies a duty as well as its breach and the fact can never be found in the absence of duty.

Example:

A police officer receives a call about a domestic disturbance in progress. Despite being aware of the situation, the officer delays responding or fails to respond altogether.

Police Brutality

It refers to unnecessary and unreasonable use of force in effecting arrest or abuse in the manner of conducting search and seizure, and other police operations.

Police Lying

A deceptive practices are in fact part of working environment.

Police Community Relations

Is the sum total of dealings between the police and the people it serve and whose goodwill and cooperation it craves for the greatest possible efficiency in the service.

Principles of Community Relation

1. Community Support must be maintained

2. Community Resentment must be avoided

3. Community Goodwill must be developed

4. Community must kept informed

Human Rights Principles

Are the ethical foundation and values that underlie all human rights documents. To violate someone's human rights is to treat that person as though she or he were not a human being. To advocate for human rights is to demand that the human dignity of all people be respected.

Foundational Principles of Human Rights

1. Equality

2. Human Dignity

3. Non-Discrimination

4. Universality

5. Inalienability

6. Indivisibility

7. Interdependency

8. Accountability/Responsibility

Equality

Humans have equal worth; none is superior or inferior, therefore, all human beings have the same rights.

Human Dignity

The value and worth that we share because God created us in his image and likeness.

Non-Discrimination

No one should be discriminated against based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Universality

Human rights are inherent to all human beings, regardless of nationality, ethnicity, gender, religion, or any other status.

Inalienability

Human rights cannot be waived, taken or given away; we cannot lose these rights; they are ours because we are human.

Indivisibility

You cannot be denied a right because it is said to be "less important" or "non-essential".

Interdependency

The realization of one right often depends on the realization of others. For example, the right to work is linked to the right to education and the right to health.

Accountability/Responsibility

Governments and other institutions have the responsibility to respect, protect, and fulfill human rights. When rights are violated, there should be mechanisms in place to hold those responsible accountable.

Folkways

Norms that are not strictly enforced. Example is saying thank you.

Mores

Norms that are widely observed and have great moral significance. Example is honesty.

Taboos

These are strongly prohibited actions with severe social or religious consequences. Example is incest.