Chapter 3

Ethics and the Evolution of Police

Chapter Objectives

  • Understand the evolution of American police systems and practices, focusing on historical developments and current issues in policing.

  • Learn about the distinct eras of policing in America, each characterized by unique challenges, philosophies, and social contexts.

  • Identify ethical dilemmas associated with the various eras of policing, highlighting specific incidents and general trends.

  • Comprehend attempts to professionalize American police and the unintentional problems these efforts created in community perceptions and trust in law enforcement.

  • Learn the ethical issues linked to the use of discretion, including its implications for fairness, civil rights, and the integrity of policing.

  • Gain knowledge of community policing, its philosophies, and techniques intended to enhance community relations and proactive crime prevention.

  • Introduced to the interplay between ethics and community policing, particularly the challenges and opportunities it presents for modern law enforcement.

  • Understand the notion of the slippery slope with respect to police corruption and the gradual nature of ethical compromise within policing.

  • Learn about the USA PATRIOT ACT, including its provisions and the ethical challenges associated with its passage, especially in relation to civil liberties.

Introduction

Crime prevention and community security are traditional concerns for societies, and the methods employed vary widely across different cultures.

  • In Japan, policing emphasizes informal social control complemented by authoritative agencies only when necessary.

  • Many other countries rely heavily on government authority to maintain order.

  • In contrast, the United States primarily relies on police forces for maintaining public order while also valuing community input and engagement in the process.

  • Initially, American policing was informal, relying on community ties and kinship networks to enforce laws.

  • Over time, this transitioned to more professional policing models between 1900 and 1970, influenced partly by social movements and public demand for law enforcement reform.

  • However, attempts at professionalization often created an adversarial "us versus them" mentality between police and the community, leading to public distrust.

  • There was a shift towards community policing in the late 20th century, which aimed to foster citizen input and collaboration in crime prevention efforts, acknowledging that effective policing relies on strong community relationships.

  • The emergence of the Homeland Security Era after the 9/11 attacks introduced new ethical dimensions to policing, further complicating community-police relationships and increasing focus on counter-terrorism.

Evolution of American Police Systems and Practices

  • Influences from England: Early U.S. police systems mirrored British practices, utilizing officials, such as constables and sheriffs, to govern.

  • Colonial Policing: Law enforcement relied heavily on citizen participation, and refusal to assist law enforcement could lead to social and legal repercussions.

  • Failed Efforts: Initial attempts to create efficient policing, including systems likened to what would later develop into the watchman style, often fell short.

  • Initial Experiments: Boston initiated the first night watch in 1634, setting the stage for more organized efforts to monitor crime, while Philadelphia began experimenting with paid services in the 1830s to enhance policing effectiveness.

  • Formal Policing in England: The establishment of the London Metropolitan Police Act in 1829 served as a model for organized policing, advocating for ethical conduct, community cooperation, and an approachable demeanor from officers.

  • Peelian Principles of Policing: These principles remain foundational today, emphasizing crime prevention, public cooperation, impartial service, limited use of force, and maintaining public trust as integral aspects of effective policing.

Eras of Policing and Ethical Principles

Four distinct eras of American policing have been identified through historical analysis:

  1. Political Era (1830s–1900):

    • Characterized by strong ties between police forces and political machines, leading to widespread corruption.

    • Officers were frequently appointed based on political connections rather than merit or ability, resulting in low accountability and public trust.

    • Responsibilities extended beyond crime-fighting into political duties, creating conflicts of interest.

  2. Reform/Professional Era (1900–1970s):

    • Initiatives aimed at reducing corruption and enhancing police professionalism marked this era; driven largely by middle-to-upper-class Progressives seeking reform.

    • Influential figures such as August Vollmer championed the need for professional training and qualifications for police personnel.

    • Increased reliance on technology and scientific methods in policing began to diminish the political influence entrenched in law enforcement.

  3. Community Policing Era (1970s to early 2001):

    • Employed strategies that emphasized community involvement and cooperation, seen in programs such as Neighborhood Watch.

    • A strong focus on adapting policing practices to meet the specific needs of diverse communities emerged, aiming for a collaborative approach.

  4. Homeland Security Era (September 11, 2001, to present):

    • This era marked a shift toward more security-oriented policing as a response to terrorist threats, reshaping community-police dynamics.

    • Increased discretion afforded to police in executing their duties has surfaced ethical dilemmas with potential for abuse and corruption.

Ethical Dilemmas and Community Policing

  • Community policing encourages closer relationships between officers and citizens, yet it often leads to increased officer discretion.

  • This discretion can inadvertently facilitate ethical violations and corruption if not monitored properly.

  • Slippery Slope Concept: Acceptance of minor favors can escalate into more serious ethical breaches. For instance, casual acceptance of free meals or drinks might establish a general expectation of compliance or loyalty that contradicts impartial law enforcement.

  • A case study on Detroit Police Officers highlighted various issues including bribery and ethical misconduct, underlining the risks associated with the use of discretion within community policing frameworks.

The USA PATRIOT ACT and Its Ethical Challenges

  • Following the events of 9/11, the USA PATRIOT Act emerged, generating significant concerns regarding the balance between civil liberties and national security.

  • Key provisions of the Act provided law enforcement with extensive surveillance powers without the need for probable cause, initiating extensive debates on ethical implications and human rights.

  • Guantanamo Bay Concerns: The implementation of policies permitting torture and indefinite detention raised serious ethical questions about the treatment of individuals and adherence to human rights in law enforcement practices.

Conclusion and Scenarios

  • The ongoing evolution of police practices reflects persistent efforts to address corruption while trying to elevate ethical standards in law enforcement.

  • Although community policing offers pathways to improved relations with the public, it also creates opportunities for unethical conduct, pointing to a need for clear guidelines and accountability.

  • Continuous discussions surrounding the balance between law enforcement authority and individual rights remain central to understanding the complexities of modern policing.

  • The challenge lies in fostering trust within communities while ensuring public safety and upholding ethical practices amidst evolving societal expectations.