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Crim 4 Ho

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0% found this document useful (0 votes)
19 views7 pages

Crim 4 Ho

Students' handouts for prelim.

Uploaded by

jimenojoyd
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

CRIM 4: POLICE PROFESSIONAL CONDUCT AND ETHICAL STANDARD

CHAPTER 1
BASICS CONCEPTS OF ETHICS
Ethics
• defined as “the science of the morality of human acts and rational human behavior.”
• is the capacity to determine proper conduct and the knowledge of what is right from wrong
• a system of moral principles or moral standards governing conduct
• It is a particular system of principles and rules concerning duty, a system of rules and practices applied to a single
class of human actions.
• concerned with rationally examining principles and rules that guide appropriate moral conduct.
• The study and philosophy of human conduct, emphasizing the determination of right and wrong. It is also known
as the standard of character set up by any race or nation.
Morals
• about character and behavior from the point of view of right and wrong
• The judgment we make relating to societal principles of right and wrong behavior.

ETHICS AND MORALS DISTINGUISHED


 Ethics ordinarily suggests the study of moral conduct or the principles underlying the desirable types of human
conduct, while morals ordinarily refer to the human conduct itself.
 Both relate to “right and wrong” conduct, sometimes used interchangeably. Still, they differ in ethics in terms of
rules provided by an external source, such as codes of conduct in workplaces or principles in religions. Morals
refer to an individual’s principles regarding right and wrong.
 Ethics will guide a person’s judgment concerning the morality of human acts, whereas morality is the application
of ethics.
A moralist is a person who values or follows good conduct, even in the absence of religion.

VALUES
 A principle or quality that is intrinsically desirable.
 These are the priorities an individual gives to the elements in his life and career based on his ethics, morality, and
integrity.
 Described as a qualitatively determined behavior that has a normative obligatory character and presupposes the
liberty of possible decision

Kinds Of Values
1. BIOLOGICAL VALUES - those that are necessary for survival, such as food, shelter, clothing, sex, water, and sleep, and
include the physiological needs of man as man
2. PSYCHOLOGICAL VALUES - those that are necessary for the emotional fulfillment of man, such as relationships,
companionship, family, friendships, love
3. INTELLECTUAL VALUES - those that are necessary for the intellectual fulfillment of man, such as achievements, career,
success
4. MORAL VALUES - those that are necessary for the spiritual fulfillment of man

THE SIX (6) CORE MORAL VALUES:


1. LOVE OF GOD - give God what is due Him and develop the moral virtue of religion through adoration, prayer, and
obedience.
2. RESPECT OF AUTHORITY - treat freedom with a sense of self-determination and personal responsibility, and as a
social being, exercise intelligently obedience.
3. SELFLESS LOVE OF PEOPLE - respect human life and the human body, and learn to give, give oneself, and love.
4. CHASTITY - respect the dignity of human sexuality by practicing chastity in marriage through sexual love that is
romantic, procreative, exclusive, and lasting, or if unmarried, by having no experience of sexual pleasure.
5. RESPONSIBLE DOMINION OVER MATERIAL THINGS - should not be dominated by it (detachment) and should share
it with his fellowmen, bearing in mind that the material world is limited (scarce).
6. TRUTHFULNESS - never telling what is not true (untruth) because it destroys the foundation of social life, which is
based on mutual trust.

THE SIX (6) CORE WORK VALUES:


1. INDUSTRIOUSNESS - what a person wants to, looks for, keeps busy, and strives to work well.
2. SENSE OF RESPONSIBILITY - what a person does depends on him, and he puts his will and intellect into his job
(creativity/initiative) and is held accountable for it.
3. ORDER (SENSE OF TIME) - prioritizes the use of time, values his time, first things first.
4. COLLABORATION - fosters teamwork and solidarity for unity.
5. DETERMINATION - a person possesses perseverance, patience, and strength to cope with obstacles, difficulties,
and trials.
6. SERVICE - performing duties or work for another, a person, or an institution that brings about benefits and/or
results.

IMPORTANCE OF ETHICS AND VALUES


- Ethics is an indispensable knowledge. Without ethical perception, man is only an animal. Without values, man
as a rational being is a failure. Because ethics is too essential to be dismissed, we were gifted with an innate
ability to understand right and wrong. No matter how rudimentary and vague, even the primitive men had it.
And modern man, finding convenient reasons to turn his back on it, discovers that he is in the center of it.
- Moral values are the only accurate measure of what man ought to be. The most potent king or successful
professional is nothing unless he is morally upright. Thus, the philosophers speak of ethics as the only
necessary knowledge. "We are tempted to center everything on human happiness," says Jacques Leclercq,
"forgetting that man's greatness, perfection, and happiness, his whole meaning in fact, consist in transcending
the commonly accepted human good."
- Moral values are the foundation of every human society. Rightly, Russell (1995) observes that "without civic
morality, communities perish; without personal morality, their survival has no value." Every culture admits the
importance of morality as a standard of behavior. When a nation's moral foundations are threatened, society
itself is threatened.
WHY WE STUDY ETHICS?
➢ Decisions (wrong ways and proper ways of doing things)
➢ To have an orderly social life.
➢ To value life

BASIC CONCEPTS OF POLICE ETHICS

Significance Of Ethics and Values in Police Work

1. Immense Powers of The Police


Police officers have a great deal of discretionary powers. For example, they often have the choice to arrest or
not to arrest or to mediate or to charge. Furthermore, they possess the power to decide whether or not to use
deadly force, giving them the power of life and death in some circumstances. No other public figure possesses
greater authority over the personal destiny of people. A police officer, in one split second, may act as prosecutor,
judge, and executioner. In many day-to-day decisions, police hold much decision-making power over people’s lives
because of their authority to enforce the law.

Without an ethical perspective, a police officer becomes a tyrant


The tendency to abuse his power over citizens increases exponentially the weaker his moral foundations
become. It has been well-documented throughout the history of the world that power corrupts and absolute power
corrupts absolutely. It is the absence of this ethical perspective that has been deemed as the primary reason why
cases of police misconduct are still occurring in the PNP.

2. The Social Contract


The idea that police officers must display a higher standard of ethical behavior than that of the "average citizen"
was originated by French philosopher Jean-Jacques Rousseau in The Social Contract (1762), John Locke in Two
Treatises on Civil Government (1690), and Thomas Hobbes in Leviathan (1651). Based on the concept of the social
contract, Rousseau writes: "Each of us puts his person and all his power under the supreme direction of the general
will, and in our capacity, we receive each member as an indivisible part of the whole.
In other words, the public expects the police to behave at the highest levels of integrity and to obey the rules
and laws of society clearly for a social contract to remain a valid principle.

3. Police Officers as Role Models.


August Vollmer (recognized as the Father of Police Professionalism) once said that the average citizen expects
the police officer to have the wisdom of Solomon, the courage of David, the strength of Samson, the patience of
Job, the leadership of Moses, the faith of Daniel, the diplomacy of Lincoln, the tolerance of the Carpenter of
Nazareth, the kindness of the Good Samaritan, and finally, an intimate knowledge of every branch of natural,
biological, and social sciences. If he possesses all these qualities, he MIGHT be a good policeman.
PROFESSIONAL ETHICS
The branch of moral science treats the obligations a member of a profession owes to the public, his profession,
his brethren, and his clients. Examples of Professional Ethics are:
a) Legal Ethics,
b) Medical Ethics,
c) Nursing Ethics
d) Police Ethics.
ETHICS AND ACTION: WHY BEHAVE? (An Ethical Basis: Rules, Results and Relationships)
Rules
We accept rules for our behavior because we believe them to be given by divine revelation or because we
believe them as necessary parts of a social contract to protect and further human welfare. The philosopher Kant
argued that there is a universal law, which he saw as a categorical imperative, an essential requirement with which
we must all comply. The authority of laws enacted by a government depends on our recognition of its right to
govern. People who choose a career in the public service may have no difficulty with that.
Results
The utilitarian principle focuses our attention on the consequences of our actions. It has been expressed
traditionally as seeking the greatest good for the most significant number. That is difficult to operationalize:
imagine the public officers trying to estimate for their decisions as public servants what would bring the greatest
good to the most significant number, and arguing about the greatest good. However, in practice, they seek to avoid
causing hurt.
Relationships
Confucius proposed a golden rule of caring: Do not do to others what you would not have them do to you—the
spoke of a principle of reciprocity. For Confucius, care and kindness were primary virtues, especially in caring for
one’s family. (This led to an exciting warning that too much emphasis on virtue would corrupt officials because they
would favor their families. As officials, they needed to be impartial). Jesus Christ expressed the golden rule as “In
everything, do to others as you would have them do to you, and claimed that this fulfilled the law and the prophets,
seeing a concern for others and reciprocity as being in accord with rules and revelation.”

ACCOUNTABILITY AND ACTION


If our actions are to obey instructions, accountability requires only reporting that those instructions have been
obeyed (perhaps saying where, when, and how). Suppose our actions require us to exercise some discretion (to
make choices and decisions); then being accountable also requires an explanation. We need to explain why we
acted as we did, not only report what we have done. We are responsible for the results or outcomes of our actions,
the professional standards of our work, and the effective use of resources, including financial resources. Our
accountability need not be only to those who give a command.
 For public service, they must ultimately be accountable to:
1. Accountability in Government and Civil Society
There is a network of accountability between the different organs of the State. The aim is usually to have some
separation and balance of powers so that no one part of the system can dominate the others.
2. Accountability in Management
Public services are mostly hierarchical, with each officer accountable to a manager. Sometimes, the lines of
management accountability are blurred.
3. Accountability to the Public
Public servants are accountable to the public, and in their name, they are appointed to serve. There has been
increasing concern about this in the past few years, with an emphasis on becoming directly accountable to “clients”
or “customers”.

VIRTUE
- a habit that inclines the person to act in a way that harmonizes with his nature
- the habit of doing good
- the opposite is vice, the habit of doing bad
FOUR MORAL/CARDINAL VIRTUES
1. PRUDENCE - the ability to govern and discipline oneself using reason and sound judgment; the virtue that
attracts the intellect to choose the most effective means for accomplishing what is morally good and
avoiding what is evil
2. TEMPERANCE - one’s ability to moderate or avoid something; the virtue that regulates the carnal appetite for
sensual pleasures
3. FORTITUDE - refers to law enforcement officers' moral strength and courage in challenging situations. It
encompasses the ability to endure adversity and maintain resilience without compromising ethical
principles. This virtue encourages officers to uphold integrity, make principled decisions, and persevere in
facing difficulties, ensuring they act bravely and steadfastly.
Three combinations of fortitude:
a. PATIENCE – calmness, and composure in enduring situations
b. PERSEVERANCE – the ability to go on despite the obstacles
c. ENDURANCE – the ability to last
4. JUSTICE - the virtue that inclines the will to give to each one of his rights

THE VICIOUS CYCLE

POLICE STRESS
1. Police officers are expected to risk their lives daily to protect the citizens who most often do not appreciate
them.
2. Police officers are usually victims of the police trauma syndrome (PTS) that can develop after catastrophic events
that affect a police officer physically, emotionally, mentally, and behaviorally.
3. The police profession is also plagued with burnout. Job-related stressors such as shift work, hypervigilance, poor
nutrition, work overload, unpredictability, responsibility for people, and ongoing contact with stress carriers all lend
themselves to high burnout. Other stressors are peer pressure, family crises, financial stress, and boredom.

PUBLIC PERCEPTION
1. Police officers have been hurled with accusations for unethical actions in solving crimes or in bringing the
lawbreakers to justice (like police abuse, violation of human rights, harassment, etc.), for missing, tampering or
planting evidence, for not appropriately disposing of confiscated properties (like carnapped luxury vehicles), for
committing perjury to gain convictions, etc.
2. Now, the present-day policeman is much feared, vilified, and mistrusted, often the butt of negative criticism,
cruel jokes, and ridicule.

WHAT MAKES A POLICE OFFICER?


James Q. Wilson (1968) wrote, "It is not money or organization that defines the policeman's job; it is the job
that defines the policeman.” Similarly, Peter Manning and John van Maanen observed (1978), "Policing is more than a
job; it is a way of life." In short, what makes cops different from non-police is the job itself.

FIVE CHARACTERISTICS OF A POLICE OFFICER’S JOB


1. The Uniform.
The uniform sets the officer apart and clearly identifies his or her status as a police officer. It is not possible for
the uniformed officer to be inconspicuous or to blend into the crowd. Wearing the uniform marks, the officer is a
member of a particular minority group--the police.
2. The Power
As previously discussed in earlier chapters, the uniformed police officer, with the sidearm, baton, citation book,
and other trappings of office, is a walking symbol of government power. In most circumstances, the officer and the
citizen recognize that the officer is dominant and do things to reward or punish the citizen. The fact of power means
that the police officer is not equal to the citizen on the street. It changes the nature of the relationship between the
citizens and the police.
3. The Working Hours
In most places, police officers work rotating shifts. A typical pattern involves changing work hours every month,
so the officer works days for one month, afternoons for the next, nights for the third, and then days again. Police
officers also work weekends and holidays and must frequently put in overtime for emergencies and court
appearances.
4. The Danger
Every day, thousands of PNP personnel patrol our streets. While carrying out this function, they deal with
several issues, situations, and problems. They must also cope with a situation in which there is little time to decide
and make a judgment, and constant movement and attentiveness must always be observed in responding to a call
for help that may have life-or-death implications. Whether the officer is patrolling large rural spaces or a small
urban beat, this is true. As previously suggested, it is more of an exception than the rule for many patrol officers to
deal with crime-related incidents, especially crimes in progress. Still, officers must always be vigilant and ready
because they never know when that “big call” will come that will require every ounce of knowledge and skill to
survive.
5. The Dirty Work
One of the most essential things police do for society is its dirty work. The police deal with dead bodies, crimes,
crime victims, criminals, automobile accidents, and other aspects of society that most of us would instead not think
about. As dirty workers, police officers are untouchables because we do not wish to be reminded of what they do.
Fogelson (1977) has suggested that the police occupation suffers from what he calls a pariah complex. On a
somewhat broader level, Egon Bittner (1975) suggests that because the police have become the repository of
coercive force, they have what he termed as tainted occupation. That is, the police can (and do) use blatant force to
accomplish their tasks in a society that has increasingly become apathetic.

THE FILIPINO POLICE OFFICER


Strengths Of The Filipino Police Officer:

1. Spiritual Beliefs
PNP members are traditionally religious and God-loving persons. They attend religious services together with
the members of their family. During times of great personal crisis and danger, they bravely forge on, confident that
Divine Providence will grant them protection and safety.
2. Valor
History attests that the Filipino law enforcers have exemplified the tradition of valor in defending the country
from aggression and oppression and protecting/preserving the life and property of the people. They sacrificed their
limbs and lives for the sake of their countrymen whom they have pledged to serve.
3. Patriotism
The PNP members are traditionally patriotic by nature. They manifest their love of country with a pledge of
allegiance to the flag and a vow to defend the Constitution.
4. Discipline
The discipline of PNP members is manifested by instinctive obedience to lawful orders and thorough and
spontaneous actions toward the attainment of organizational objectives guided by moral, ethical, and legal norms.
5. Courteous
PNP members are upright in character, gentle in manners, dignified in appearance, and sincere in their concern
to fellowmen.
6. Word of Honor
PNP members’ word is their bond. They stand by and commit to upholding it.
7. Duty
PNP members have historically exemplified themselves as dedicated public servants who perform their tasks
with a deep sense of responsibility and self-sacrifice. They shall readily accept assignments anywhere in the country.
8. Loyalty
PNP members are traditionally loyal to the organization, country, and people, as borne by history and practice.
9. 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.

WEAKNESSES OF THE FILIPINO POLICE OFFICER


1. Misplaced Loyalty
Due to the bonds shared by police officers in their line of work, it becomes one’s paramount duty to protect his
fellow officers at all costs, as they would protect you, even though you may have to risk your career or your own life
to do it. If your colleagues make a mistake, take a bribe, seriously hurt somebody illegally, or get into other kinds of
trouble, you should do everything you can to protect them in the ensuing investigation. If your colleagues routinely
break the rules, you should never tell supervisors, reporters, or outside investigators. If you don't like it, quit or
transfer to another assignment. But never, ever, blow the whistle.
2. Cynicism
Sometimes, because of their experiences as law enforcers, police view all citizens with suspicion. Everyone is a
possible problem, but especially those who fit a type. Recruits learn this way of looking at others from older officers
if they have not come to the job already holding these perceptions. Cynicism spills over to their relations with other
people since they have found that friends expect favors and special treatment and since police routinely witness
negative behavior even from the most upstanding of people. As a result, their work life leads them to conclude that
all people are weak, corrupt, and dangerous.
3. The Use of Force
The police sometimes embrace force in all situations wherein a threat is perceived. Threats may be interpreted
as acts or statements "against the officer's authority" rather than those against the officer's physical person. So,
anyone with an "attitude problem" deserves a lesson in humility. Force is both expressive and instrumental. It is a
clear symbol of the police officer's perceived authority and legitimate dominance in any interaction with the public,
and it is also believed to be the most effective method of control. In other words, everyone understands a baton; it
cuts across all social and economic barriers and is the most effective tool for keeping people in line and getting
them to do what is required without argument.
4. The Police as Victims Mentality
This concept is based on the idea that the police are victims of public misunderstanding and scorn, of low wages
and self-serving administrators. This feeling of victimization sets police apart from others and rationalizes a different
set of rules for them as opposed to other members of society. 4.5 Preferential Application of the Law. Decisions
about whether to enforce the law, in any but the most severe cases, should be guided by both what the law says
and who the suspect is. Attitude, demeanor, cooperativeness, regional affiliation, age, and social class are all critical
considerations in deciding how to treat people generally and whether to arrest suspects.
5. The Police as Untouchables
Disrespect for police authority is an offense that should always be punished with an arrest or use of force. This
number one "offense," known as "contempt of a person in uniform, cannot be ignored. Even when the party has
not violated the law, a police officer should find a safe way to impose punishment, including an arrest on fake
charges.
6. Rewards
Police do hazardous work for low wages, so it is proper to take any extra rewards the public wants to give them,
such as free meals, Christmas gifts, free access to movies, public transport, etc. The general rule is: Take any reward
that does not change what you would do anyway, such as eating a meal, but do not take money that would affect
your job, such as not giving traffic tickets. One theory is that it is acceptable to accept any reward as long as an
individual gives it wholeheartedly to a police officer. This rationalization was even given a term: LAUGHING MONEY.
7. Due Process
Due process is only a means of protecting criminals at the expense of law-abiding, and it should be ignored
whenever it is safe to do so. Illegal searches and wiretaps, interrogation without advising suspects of their rights,
and if need be (as in the much-admired movies such as Dirty Harry), even physical pain to coerce a confession are
all acceptable methods for accomplishing the goal the public wants the police to accomplish: fighting crime. The
rules against doing those things merely handcuff the police, making it more difficult for them to do their jobs.
8. Lying and Deception
Lying and deception are essential parts of the police job, and perjury should be used if it is necessary to protect
yourself or get a conviction for a bad guy. Due process violations cannot be admitted to prosecutors or in court, so
perjury is necessary and, therefore, proper.

1-21-2025 23-1

1. Araneta-
2. Balignot-
3. Banglos-
4. Bernal-
5. Bicoy-
6. Binongo-
7. Castro-
8. Corial-
9. Dumo-
10. Gandoy-
11. Ismael-
12. Limbaga-
13. Lumingkit-
14. Lungay-
15. Mamawe-
16. Manlegro-
17. Obuga-
18. Pachica-
19. Paler-
20. Paulin-23
21. Revilleza-
22. Rivera-
23. Rodero-23
24. Ronquillo-
25. Salinas-
26. Samson 2-L
27. Tarambisa-
28. Dalaoyan
29. Awas
30. Navarro-23
31.

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