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First of all, when defining how society impacts ethical behavior in law enforcement, one is to unequivocally say that the impact is significant. Since the public is aware of the fact that law enforcements main purpose is to protect them, if officials actions go against that purpose, the reaction is corresponding. Not only are people indignant in such cases oftentimes, they do not hesitate to express their distaste.
The most recent and most high-profile occurrence of society demanding change from law enforcement is the Black Lives Matter movement a movement against police brutality and it has been reported to produce results. For instance, according to Emmanuel (2021), a new approach to covering police violence in the media is emerging: now, there is less centering of police accounts of the incidents. Instead, more in-depth stories are told about the victims in order for the focus to not be shifted from the horror of the crime. This, in its turn, will keep on fueling the publics dissatisfaction, and law enforcement will have no choice but to address the issue on a systematic level. Additionally, Daley (2021) states that in places where BLM protests have taken place, the number of police homicides fell by almost 17 percent, compared to places where there have not been any. That shows that the effect of societys wrath is very palpable and changes will continue happening.
Importance of Societys Impact on Ethics in Law Enforcement
It seems reasonable that society must have a say on the way law enforcement manages their job and on the ethical guidelines, they need to follow. At the end of the day, those who make up the society are those who law enforcement officials are bound to serve. Consequently, public expectations will always be high since people want to make sure law enforcement keeps them safe. Personnels ethical behavior is a key factor in this because one is very unlikely to trust someone with doubtful ethical standards. However, not only law enforcement officials are to embrace it they are advised to pay attention to the publics opinion. It provides them more guidance on how to do their work in a way that will leave those they do their work for satisfied.
Relationship between Society and Law
The tie between society and the development of the law has always existed but never has it been more pronounced than now. Luckner (2021) argues that currently, with the Internet and social media deeply integrated into peoples everyday life, the informal civil society movements formation is conducted with extreme ease. Moreover, such movements are provided with means for unprecedented participation in the development of international law. The most outstanding example, according to Luckner (2021), is Fridays For Future an initiative that started with a couple of Swedish kids sitting in front of the parliament on schooldays to express disagreement with the lack of action on climate change. What it turned into is a global movement with demands redacted in the Declaration of Lausanne. Therefore, in order to influence the possible enactment of a law, nowadays, one needs no more than an electronic device and irrepressible enthusiasm.
Importance of Societys Role in Laws Development
The argument for the importance of societys impact on the development of laws is essentially the same as for its impact on law enforcements actions. Law is the regulator of social behavior that is, the law is comprised of the rules the members of society need to abide by to live in peace. It is only logical that the members of society should have an opportunity to have a bearing on the implementation or alteration of laws. Lawmakers need to listen to people because people do not want chaos and no issue that people call attention to in terms of law regulation is aimed at creating it. If the public feels that there is a policy that will make their lives better, they deserve to be able to try and propel it.
Relationship between Morality and Ethics
Furthermore, touching upon the subjects of morality and ethics, even though they are often considered to be synonyms, there is a distinction to be made. However, these are interchangeable depending on the rendering chosen by the scholars. For instance, according to Walker and Lovat (2017), ethics is understood as a more individualistic appreciation of values in relation to ones perspective or system of beliefs. At the same time, morality is more of an intersubjective assessment of how right, good, or fair something is for everyone involved. In relation to law enforcement, it can be applied to personnel making decisions in professional settings that is, delicate ethical situations, when there are different courses of action based on what is beneficial for an employee personally and what is the right thing to do considering ones responsibilities.
Impact of Changing Views on Ethical Guidelines
The science called the sociology of law is very helpful in determining how societys changing views may impact ethical guidelines for law enforcement or anything else, in that regard. As Utama (2021) states, according to this science, any dynamic resulting from social change demands a legal response. Community institutions are only considered to be truly effective if their norms are fully supportive of social models. That means that law enforcement can only be counted on by people if its guidelines are in accordance with what is considered right and wrong by society. Granted, it changes over time and law enforcement professionals have to constantly change in response in order to be trusted.
Ethical Dilemmas
In order to determine an ethical dilemma that I face in the selected scenario, it is reasonable to first give a definition of an ethical dilemma. According to Pollock (2016), it is a situation in which one finds themselves having to choose between at least two possible courses of action, and this decision is tough to make. In this case, my dilemma is the necessity to choose between two options. I have an option to fulfill the mayors request and consequently fail to execute my duties as a police officer. Another option I have is to do my job and refuse to cover up for the mayor but by doing that bring his wrath upon myself.
Why Is This Dilemma Ethical?
This dilemma is made ethical by the fact that if I were to agree to the mayors terms, I would violate the law, since not testing a visibly drunk driver certainly is a violation. In addition, it would be a violation of the Oath of Honor, according to which I must always hold myself accountable and uphold my communitys values (International Association of Chiefs of Police, n.d.). Moreover, this dilemma challenges my personal moral beliefs, as I know what has to be done but unwillingly hesitate at the promise of a favor.
Factors Led to the Dilemma
The main factor that led to the dilemma was the mayors decision to drink and get behind the wheel of his vehicle afterward. Another crucial factor is that the crime turned out to be victimless no one was injured, and the car was almost not damaged. Furthermore, me not having been the witness to the accident and there not being anyone else means that there is no proof. It all leads to ambivalence in terms of a measure of punishment. When it comes to my course of action when facing ethical dilemmas, according to Pollock (2016), after identifying the facts, I have to identify relevant values and concepts. Then I need to identify all possible dilemmas and decide what the immediate one is, along with corresponding ethical or moral issues standing in my way. In using my own ethical system, I am to decide what is the best course of action under given circumstances.
Implications
The implications when determining my next course of action are:
- If I did what the mayor asked, it would be a dereliction of my duty. I would be guilty of falsifying a police report and covering up the mayors crime. Additionally, I would also establish that he is above the law due to his position and set a precedent, in accordance with which he may expect similar treatment in the future. Furthermore, I would violate the Oath of Honor, which is a dishonor to me as for a police officer.
- If I decided to arrest the mayor, I would carry out my obligation as a police officer. I would most likely gain respect from my fellow officers and a sense of fulfillment from doing the right thing. However, it might anger the mayor and lead to some troubles at work. Still, the integrity of myself and of the department I serve would be upheld.
Ethical Theories and Personal Values
The ethical theory that I would rely upon in addressing this dilemma is deontology. As stated by Elvey and Mackey (2020), deontologists believe that people have particular duties that they have to perform, regardless of what the consequences might be. In deontology, everyone should act the same way the way of understanding and following duty in accordance with the universal law (Elvey and Mackey, 2020). This theory would be effective in applying to my scenario because the dilemma I face is precisely that either to do what I must, following the prescribed set of rules or to deviate from that and act in order to gain benefit.
Separating Morals from Ethics
When it comes to distinguishing between ethics and personal morals, one might turn to Pollocks (2016) definitions: ethics is often used to refer to behaviors that are related to a persons job, while morals describe ones actions in other spheres life. That is, ethical codes such as the above-mentioned Oath of Honor are applied to an individuals professional setting, and so-called moral codes are personal sets of rules for what is sustainable and appropriate. It is important to separate one from the other, since in extreme situations, ones morals may impact the ethical guidelines set at their job. As a result, the decisions made under such influences are likely to be unsatisfactory.
When Should Morals Guide Ones Actions?
The actions dictated by personal morals could contradict the theory of ethics that I decided to abide by in accordance with my scenario that is, deontology. To reinforce what has been said before, deontology dictates one to follow the corresponding rules at all times, independent of consequences (Elvey and Mackey, 2020). One of the drawbacks of deontology is the possibility of such situations where no existing law is applicable, whether due to the lack of information or the novelty of circumstances. There are no instructions to follow there other than to deal with those on a case-to-case basis. To conclude, in instances such as this, we must rely on morals to guide us since they are the only road maps available. That is another reason why our moral codes should be as strict as the ethical ones provided to us by someone else.
Duties
If I were the officer in the selected scenario, I would insist on bringing the mayor in for an alcohol test. This course of action is the only one appropriate for the officer sworn to protect the law and safeguard the citizens (Schmalleger & Hall, 2017). If I were to overlook this scenario in favor of the mayor, then I would have to do so for any other citizen in the same situation in order to be fair. This would essentially undermine the rules of law and make them unnecessary. By doing that, I would be acting outside of the scope of my duties, which is unacceptable. Additionally, this action will be effective in preventing the mayors future transgressions since he was not essentially given a pass to drink and drive.
Responsibility as a Professional
In thinking about my responsibilities as a professional in this scenario, I think about following the Oath of Honor, which every officer swears to serve. The guidelines, some of which have been mentioned above, include treating everyone with equal dignity and respect and ensuring that ones actions protect the community and provide its safety (International Association of Chiefs of Police, n.d.). Abiding by these guidelines means treating the mayor as if he is a regular person with no influence on my potential career and holding him accountable for his careless actions, ensuring that he never drives drunk again.
Ethical Responsibility vs. Personal Views
In this case, my ethical responsibilities take precedence over my personal views. That means my realization of what needs to be done, as well as my loyalty to the law, prevails over my desire to gain benefits from the mayor. If the ethics and personal morals are in conflict, then, according to Barsky (2019), one needs to find ways to challenge their thinking and alter the methods of approaching their professional setting. Otherwise, at one point, it will become unbearable to make tough decisions and doing that is part of a profession of a criminal justice worker.
Impact of Changing Views
Finally, the modern society in the USA scrutinizes the actions of officers more closely than ever and it is important for us to act appropriately. According to Monaghan (2017), under such scrutiny, only the actions that strictly comply with the law are seen as appropriate. This heightened visibility makes always acting strictly within the law not only the duty of the criminal justice practitioner but an absolute necessity. However, seeing how nowadays society influences the application of new laws and alteration of new ones and how rapidly this might happen, one is always to stay up to date with the latest in the field. Only then can one hope to stay relevant in their profession and not make crucial mistakes.
References
Barsky, A. E. (2019). Ethics and values in social work: An integrated approach for a comprehensive curriculum. Oxford University Press.
Daley, J. (2021). Killings by police declined after Black Lives Matter protests. Scientific American.
Elvey, K. M., Mackey, D. A. (2020). Society, ethics, and the law: A reader. Jones & Bartlett Learning.
Emmanuel, A. (2021). Spurred by Black Lives Matter, coverage of police violence is changing. Nieman Reports, 75(2), 18-25.
International Association of Chiefs of Police. (n.d.). Law Enforcement Oath of Honor.
Luckner, K. (2021). # WhoseLawIsItAnyway. How the Internet augments civil society participation in international law making. Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper Series, 2021-15.
Monaghan, J. (2017). The special moral obligations of law enforcement. Journal of Political Philosophy, 25(2), 1-20.
Pollock, J. M. (2016). Ethical dilemmas and decisions in criminal justice. Cengage Learning.
Schmalleger, F. & Hall D.E. (2017). Chapter 13: Victims and the law. In Criminal law today (6th ed) (pp. 429-464). Pearson.
Utama, A. S. (2021). Law and social dynamics of society. International Journal of Law and Public Policy, 3(2), 107-112.
Walker, P., & Lovat, T. (2017). Should we be talking about ethics or about morals?Ethics & Behavior, 27(5), 436-444.
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