Kren Matison Hess Christine Hess Orthmann Henry Cho

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Chapter 14 Liability and Ethics: Is It Legal? Is It Moral? © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -1

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Introduction • Law enforcement officers must act within the law • Most lawsuits against law enforcement officers deal with civil matters • Law enforcement officers must protect the constitutional rights of their public • Law enforcement officers must not only act legally, they must act ethically • Ethics looks at human conduct in the light of moral principles, that is, set ideas of right and wrong © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -2

THEORY AND PRACTICE • SIXTH EDITION Kären Matison Hess Christine Hess Orthmann Henry Cho Civil Liability: An Overview • Civil action • Tort • Three types of state liability • Strict liability • Intentional tort • Negligence © AP Images/John Fitzhugh LITIGIOUS SOCIETY © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -3

THEORY AND PRACTICE • SIXTH EDITION Kären Matison Hess Christine Hess Orthmann Henry Cho Section 1983, The Civil Rights Act LAWSUITS AGAINST LAW ENFORCEMENT • Passed in 1871 after the Civil War • Originally part of the Ku Klux Klan Act of 1871 • Designed to prevent the abuse of constitutional rights • Vicarious liability • Collective deep pocket © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -4

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Common Charges Brought against Police Officers POLICE VIOLATION OF CONSTITUTIONAL RIGHTS • • • False arrest or imprisonment Malicious prosecution Excessive force or brutality Wrongful death Negligent operation of a vehicle • Hot pursuit • No pursuit Cont. © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -5

THEORY AND PRACTICE • SIXTH EDITION Kären Matison Hess Christine Hess Orthmann Henry Cho Common Charges Brought against Police Officers POLICE VIOLATION OF CONSTITUTIONAL RIGHTS • Failure to protect • General failure to protect • Failure to arrest or restrain people • Failure to respond to calls for assistance • Failure to identify • Negligent service • Other areas of civil liability: libel and slander © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -6

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Reducing the Occurrence of Civil Lawsuits • • • Effective policies and procedures Thorough and continuous training Proper supervision and discipline Accurate, thorough police reports Always act professionally Good community relations © David Butow/CORBIS SABA REDUCING LEGAL PROBLEMS AND LIABILITY RISKS © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -7

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Civil Suit and Countersuits LAWSUITS WILL HAPPEN • Affects all demographics of law enforcement • Several common defenses • Did not intend to deprive rights • Acted in good faith • Acted with what was considered reasonable judgment • Acted with valid authority © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -8

THEORY AND PRACTICE • SIXTH EDITION Kären Matison Hess Christine Hess Orthmann Henry Cho Legal Liability and Community Policing BETTER UNDERSTANDING OF WHAT POLICE DO • • • Less likely to bring lawsuits View them as partners Officers will have a service orientation Less likely to infringe on the constitutional rights Policing in a more ethical manner © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -9

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Ethics: An Overview USUALLY INVOLVES CONSCIENCE • • • Absolute issue Relative issue The Law Enforcement Oath of Honor Code of ethics The police culture The code of silence © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -10

THEORY AND PRACTICE • SIXTH EDITION Kären Matison Hess Christine Hess Orthmann Henry Cho Gray Areas in Police Ethics CONTROVERSIAL AREAS • Police placebo • Blue lie • Acceptance of gratuities • Professional courtesy • Abuse of the badge © Sean Murphy RF/Getty Images • Police use of deception © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -11

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Unethical Behavior RATIONALES • Unethical deception • False testimony • Withholding exculpatory evidence • Corruption • The ends-versus-means dilemma • The slippery slope • Being above the law • “Rotten apples” versus “rotten barrels” © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -12

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Basic Ethics Tests DECISIONS POLICE OFFICERS MUST MAKE • Am I doing the right thing? • Three steps • Clearly understand the issues • Evaluate the facts • Apply objective standards to the decision • Golden Rule © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -13

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION A Brief Word about Internal Affairs Investigations FUNCTIONS OF THE IA PROCESS • • • Protecting the public Protecting the department Protecting the employee Removing unfit personnel Correcting procedural problems © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -14

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Ethics and Community Policing ROOTS • • Sir Robert Peel Primary objective is prevention of crime Approval and cooperation of the public Police officers get involved with the community • Change the way they think • Change the way they behave © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -15

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Integrating Ethics into the SARA Model ETHICS ANALYSIS • Boston Police Department • Dilemmas-options-consequences (DOC) method • Challenges officers to carefully consider their decisions • Short- and long-term consequences • Raises the standards in the community • Positively affect the qualify of life © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -16

Kären Matison Hess Christine Hess Orthmann Henry Cho THEORY AND PRACTICE • SIXTH EDITION Summary • Most civil lawsuits brought against officers are based on the Civil Rights Act • Law enforcement officers and agencies can countersue if they are falsely accused of a civil offense • Ethical issues are usually relative and are affected by the police culture • Ethical behavior within a law enforcement agency is ultimately the responsibility of each officer © 2014 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 14 -17