ETHICS-BASED POLICING... UNDOING ENTITLEMENT
by: Kevin M. Gilmartin, Ph.D.
Gilmartin, Harris & Associates
One of the greatest challenges
facing law enforcement administrators today is the creation and
maintenance of a values-based agency consisting of an ethical
cadre of officers and supervisors that represent the values of
society. Many issues arise that make the maintenance of ethical
employees a difficult task. One major challenge to maintaining an
ethical/values-based agency is that over the course of a police
career every department can expect it's officers to be exposed on
a daily basis to individuals and situations that violate the
values these officers hold central. This exposure over time can be
expected to leave an emotionally corrosive impact. To assist in
the goal of creating values-based police agencies, one of the
primary areas of study of the law enforcement behavioral sciences
for more than two decades has been the refinement of preemployment
selection techniques that bring values-based individuals to the
starting point of a police career. Screening protocols from
psychological test batteries to interactive video assessment
instruments have assisted agencies in selecting men and women who
have the skills and values to potentially become successful police
officers. These individuals begin their careers able to not only
successfully complete the multiple task demands required of a
police officer, but to present personal backgrounds reflective of
well developed values systems congruent with those of society. For
the law enforcement administrator, the challenge of the selection
of competent and ethical police candidates may be significantly
less demanding than the maintenance of a values-based police
agency.
To become a law enforcement officer
is not an easy task. Intellectual, psychological, and background
reviews are completed that many times require the officer
applicant to wait months, if not years, to determine if they are
successful in obtaining a position in the basic police academy.
Once selected to attend the academy, the applicant faces further
academy screening and testing. Demanding academic, physical, and
discipline challenges continue to reduce the number of recruits
who eventually graduate the academy. Even then, after successful
completion of months of an academy curriculum, a Field Officer
Training Program thins the ranks even further of those hoping to
successfully complete the probationary period and have the
opportunity to serve their respective communities as police
officers. With the exception of a small number of professions in
our society, very few, other career fields demand more to obtain
an entry level position than law enforcement. Even with these
highly selective screening measures in place, why does the field
of law enforcement experience the headline cases of wrongful acts
perpetrated by officers that potentially taint the entire
profession? Are these cases of "Bad Apples" that should never
have been officers and are selection failures or can the
experience of being a law enforcement officer change the existing
values structure of the officer? Can this change cause an
abandonment of "Core" ethical values by officers and permit the
development of rationalized "Situational Ethics"?
The selection of values-based
individuals at the entry level appears to have been successfully
completed by most law enforcement agencies over the past 20 years.
The maintenance of values-based individuals in police work,
however has not been a major focus of attention either by law
enforcement executives or behavioral researchers until quite
recently.
In an effort to reduce ethical
violations by officers, agencies continue to address the issue of
inappropriate officer behavior patterns by utilizing primarily a
reactive investigative model. Although clearly the thorough
investigation of inappropriate acts committed by officers is an
absolute necessity, it does not reflect a complete management
intervention strategy to reduce wrongful police acts. The reactive
investigative prong needs to be augmented by a proactive values
maintenance" prong designed to provide officers with the necessary
information and insights to maintain core based values. These
interventions would need to take place at routine intervals over
the course of a police career and not limited to only entry level
academy lectures.
In attempting to create
values-based 1cw enforcement agencies the profession demands
review of the dynamics that create officers who willfully violate
the values structures they possessed at the time of career entry.
Viewing officer values or ethics as a never changing photograph
taken at the time of entrance into the career, inappropriately
permits ethical violations to be viewed as poor pre-employment
selection decisions and misses the essential elements of most
inappropriate police behavior patterns. In reviewing the factors
that permit ethical violation to occur within a law enforcement
agency, no singular determining causative factor exists that
generates these behavior patterns. There does however, exist
several central traits that provide fertile ground for the
development of ethical deterioration at all levels of the rank
structure.
One of the central traits to values
deterioration is the development of a culture of perceived
"Entitlement". This belief would permit law enforcement officers
to rationalize and Justify to themselves behavior that is clearly
unacceptable and would warrant enforcement action if engage in by
members of the community at large. The belief that unrealistic
expectations of favorable treatment or privileges being granted
embodies entitlement. Entitlement can take many forms and can
appear at initial review to be a relatively benign issue. Closer
scrutiny can demonstrate the essential malignant nature of
entitlement. Entitlement is the belief that an individual by
virtue of his/her position as a law enforcement officer is owed
certain privileges or latitudes in terms of their behavior, "those
rules really don't apply to us". The old military adage of "rank
has it's privileges" would represent one example of "Entitlement"
that appears to be accepted within that culture and possibly is
only an expression that certain positions of authority are
afforded additional respect in proportion to additional
responsibility. In Law Enforcement, however, like any other
authority based system, the potential for the abuse of authority
exists and requires consistent vigilance for prevention. When the
concept of entitlement is transferred to the law enforcement
culture, it can take the form of "as cops we deserve "Professional
Courtesy"; "Speed limits don't apply to us"; "as a commander my
secretary can do my personal typing"; "as the Chief, I can play
golf instead of attending the conference, even though I'm
attending the conference at the communities expense". Each of
these statements is the embodiment of entitlement. A belief
develops that "you owe us cops for all we put up with on the
streets to serve and protect you". Pride in being able to serve as
a member of a given police agency is not entitlement. The belief
that as a member of a police agency we're special and "the rules
don't apply to us" is however, "Entitlement".
When attempting to discuss values
many law enforcement agencies, unfortunately have not discussed
the concept of the possible existence of a belief of entitlement
in their agencies, but rather have instead focused on such issues
as the acceptance of gratuities or other potentially controversial
behaviors. When an agency focuses it's attention on the question
of what is an inappropriate behavior or gratuity without
discussing entitlement it bypasses the more fundamental question
for the officers to answer. Without discussing entitlement the
agency losses an opportunity for officers to understand and
discuss the potential impact of the gratuity question and its
impact on core values for the police officer. Lecturing working
police officers about the evils of gratuities and how they lead to
the "slippery slope" of corruption will usually be met with
sarcastic sighs and closed minds. Discussing entitlement provides
officers the information necessary to conceptualize independent
values-based decisions. Whether or not the free cup of
coffee is a harmless expression of appreciation by a member of the
community or represents a contingent gratuity such as; "if
I keep the cops in my restaurant the added security is good for
business" is actually a moot point for officers trained in core
values maintenance. The more appropriate questions for a police
administrator would be, by permitting the members of the
department to accept free coffee or reduced priced meals are we
permitting to be created a belief system in the officers that they
warrant a different standard of accountability than the general
population. Secondly, it should be asked if a different standard
of accountability does exist, is it one where the officers are
less accountable for their behavior than the general community.
Many a police administrator that would consider reduced priced
meals inappropriate would permit officers to accept "special
prices for law enforcement" for cellular phones or pagers without
a second notice. The law enforcement administrator would also need
to evaluate if a sense of "Entitlement" is being cultivated within
the departmental hierarchy, and expressed as an extension of the
military "rank-to-privileges" relationship. &"As a commander I can
bend the rules, but you folks down the chain better behave",
represents in-house entitlement in operation.
How does entitlement develop and
become institutionalized across levels of rank/status within
agencies ? Law enforcement by it's nature is required to perform
tasks the majority of society cannot or will not perform. The
tasks can range from dealing with violent situations. responding
to tragic events, or dealing with the most unsavory aspects of
society. Officers by seeing themselves dealing with situations
that they alone must handle and control learn early in a police
career that the position permits them authority to transgress
certain social norms to perform job duties. Impacting freedom of
movement of citizens, ingress and egress into citizen's private
homes, emergency movement due to exigent circumstances that permit
traffic laws to be suspended, even the capacity/responsibility to
make lethal force decisions are part of the officers regular
routine. Being exposed on a regular basis to "special authority"
and at the same time being exposed on a daily basis to that
element of society that operates without values, combines to
severely challenge an officer's core values system. Unchecked
authority operating in an ethical vacuum is a central component of
all police corruption.
The movement away from core values
is not a difficult transition for officers working in many
settings in our society. "What harm is there in accepting a free
meal compared to the carnage these suspects at my last call just
dealt to society?", is a realistic appraisal of the situational
relativity of values. It severely challenges officers to maintain
their essential "Core" values. "Situational" or "Relative" values
or ethics are often times the path of least resistance. "Before I
became a cop I had no idea this kind of stuff went on", can become
the foundation for rationalizing what initially appears to be
harmless rule violations. The change in values-based decisions by
police officers can be outlined by a "Continuum of Compromise"
ranging from "Acts of Omission" typified by not performing
seemingly petty tasks to "Acts of Commission" including the active
violation of administrative rules and possibly ultimately criminal
violations. This compromise begins with the onset of a change in
the manner in which officers explain or rationalize minor rule
violations. The officer's newly acquired behavior patterns begin
with a reappraisal of values relative to the environment in which
the officers operate. "Because of all the garbage we put up with
on the streets, what's the big deal about a little speeding or a
free meal" can become an expression of situational values
comparison. Entitlement is the precursor belief that leads to
wrongful acts ranging from minor to felonious. Entitlement spans
the rank structure. Many times the best examples of entitlement
can be found at the top of the organizational chart. The chief who
disciplines an officer for accepting a free meal, yet plays golf
with greens fees that are paid for by a member of the community is
clearly expressing a double standard and loudly proclaiming the instruction "Do as I say not as I do", rendering hollow any
attempts to create and maintain a values based agency. Police
executives that operate under the double standard in terms of
entitlement are doomed in attempts to create values-based agencies
and are viewed cynically by rank and file as little more than
generating sound bites for the local media. This command
perspective lends itself to "Politics-based" policing as opposed
to "Values-based" policing. Often times the executive level
capacity to rationalize "special" ethical decisions due to
political exigency is no different than the street officer
rationalizing inappropriate actions for more tangible or earthy
reasons.
A culture of entitlement is only
reduced by a culture of ethical accountability. Accountability
needs to be both self-initiated and organizationally-generated.
The capacity to rationalize a lack of both individual and
organizational accountability can be directly linked to what
degree officers perceive themselves as being victimized by the
deteriorating values of the community they police. If the officer
is exposed on an increasing basis to violence and a generalized
lack of social order it becomes easier to perceive wrong doing as
harmless relative to the general level of community deterioration.
The officer can readily rationalize that "Extreme situations
demand extreme measures". Brutality, lack of truthfulness in
reporting police activities, and a well entrenched belief that
loyalty is far more essential than integrity for a street police
officer can, unfortunately become established core cultural agency
values, internalized by officers but rarely if ever discussed or
reviewed.
If officers are not reviewing their
respective values through competent training and frank discussion
of the emotional demands of the job, "Core" ethics give way to
"Situational Ethics". Officers not provided ongoing values
training can naively perform a comparative assessment of their
held core values and beliefs in relation to the social disorder
that can typify their call-loads. This potential transfer to
"Situational Ethics" away from "Core Values" occurs in an
emotionally charged atmosphere of perceived exigency of the
situations in which the officer works. A sense of entitlement
combines with a belief that the degree of the social deterioration
permits situational suspension of core values for the police
officer. "You won't exist for five minutes out here in this jungle
with your core values", "these folks down here would eat you
alive, all they understand is force", "These folks respect what
they fear, not your core values", can become the expression of the
rationalization of values deterioration.
This movement to situational values
from core values many times put the police in direct confrontation
with subgroups within society. Subgroups within our society that
experience significant disenfranchisement in terms of education,
employment and housing are particularly at risk for exposure to
the "Situationally Ethical" police officer. Permitting the belief
that separate standards of policing behavior are demanded in
certain areas of the community has potentially tragic consequences
for all involved. Although obviously more violent areas of any
community require enhanced officer safety procedures tactically,
they do not warrant suspension of ethical police behavior.
The capacity to maintain ethical
behavior can poise an overwhelming challenge to the young officer
experiencing for the first time, challenges and questioning of
his/her core values in a confrontational atmosphere supported only
by other officers requiring camaraderie for survival. The more
confrontational the situation, the more officers are
required to rely on fellow officers for survival. Loyalty becomes
more important than integrity. Officers policing in the more
confrontational areas of any community require larger
organizational resources invested in the area of values
maintenance and review, however manpower shortage-, and high
call-loads typically permit the administrator to perceive it as a
low operational priority. This belief typically changes radically
when an agency must react to a significant crisis stemming
directly from inappropriate officer behavior patterns.
To establish a values-based police
agency requires the agency to invest resources into permitting
officers to review the dynamic process of values formation and
deterioration. Lectures from Internal Affairs on past
investigations of "Bad Cops" that do not explain the underlying
behavioral issues facing the officers only further alienates
officers from the mechanisms of values based accountability. This
potentially leads to the belief "so-called" values "are
externally imposed upon us by people who have either forgotten
what the streets are really like or have never been out here".
Officers without an understanding of the dynamic nature of values
formation respond to values or ethics training with rather naive
comments like "you can't teach ethics, either you have it or you
don't". Vilifying officers that have produced major ethical or
criminal transgressions does little to preserve core values if the
officers do not gain insight into the dynamic process of ethical
deterioration that leads to the violations. Strictly seeing the
"Bad Cops" as some alien entity from other larger departments and
unrelated to the "Good Cops" does nothing to inoculate officers to
values/ethical deterioration. Interventions that pen-nit officers
to realize that many times the compromised officer started his/her
career as an enthusiastic values-based individual, who possibly
only after 10 or more years of good service began the
transgressions, permits a more valuable values/ethics review.
Helping officers to understand their perception of values and
ethics in policing as a potentially changeable state consisting of
daily challenges pen-nits officers to reduce their own respective
naiveté and resistance to the issue. This also permits officers to
develop and embrace strategies for ethical preservation and
maintenance. Officers with well developed support systems and
priorities consistent with their core values are more resistant to
deterioration. Integrity -Inoculation and strategies for ethical
maintenance requires effort and resources. These resources,
however, are minuscule compared to what an agency invests dealing
with a major ethical/values violation that destroys the public
trust. Strategies to preserve values based behavior are varied.
Group instruction/discussion of ethical issues by competent
facilitators is fundamental. Information on past cases of
corruption and the specific potential pitfalls to officers in any
given jurisdiction is also essential. Officers with well developed
support systems and balance in the realm of their personal lives
can be expected to be perceptive of the full range consequences of
their behavior. "Emotional Survival" training needs to be
perceived as essential to the officer as street survival
instruction. Officers need to learn the skills to develop and
internalize a sophisticated sense of self accountability that
stretches beyond the belief "us cops are victimized by having to
deal with society's problems therefore we're justified or
"Entitled" to take liberties with rules or laws". Using exposure
to hazard and risk in the line of duty as an officer as a means of
rationalizing rule violations needs to be seen as a precursor to
deterioration/corruption, not misplaced loyalty or camaraderie to
fellow officers. "If it weren't for us where would society be?" at
one level can be an expression of job commitment; at another level
can be an expression of victimization and entitlement. A
rationalization or belief that can prove disastrous to maintaining
"Core" values-based police officers.
Providing law enforcement
professionals with the information and support to remain core
values-based individuals should be a primary goal of any police
administrator. Officers who maintain emotional and social
perspective are the only ones who can professionally enforce
societies values and norms. Officers who perceive themselves "at
war" with the communities they serve, soon question their own
internal values beliefs. Officers, due to special assignment, that
are exposed to either increased risk or behavioral latitude are
particularly vulnerable in this area. Although this questioning of
values is to be expected it cannot be ignored. Competent
intervention is demanded. Those officers who posses the belief
"that due to everything we deal with and are exposed to on a daily
basis we're "Entitled" to our own standard" spell a disaster to
the community and agency alike.
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