Crim 3 Final

May 11, 2018 | Author: Jacquelyn Tapil | Category: Police, Crime & Justice, Crimes, Morality, Loyalty
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POLICE ETHICS

It co)es $o) the Lati% 'o$d ,ETHOSa%d $ee/ ,ETHICUS- 'hich )ea%s csto)a$!"

CHAPTER I

FOUNDATIONS FOUNDATIONS OF POLICE ETHICS

!thics employs the aculty o human reasoning in tac"ling the important #uestion o what ma"es an upright lie. !thics is thereore a noble and important science.

A.INTRODUCTION TO ETHICS Understanding Ethics

Public Ofce is a public trust. In view thereo, all ofcers and members o the police orce must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efciency, and act with judiciousness, patriotism and justice. As law enorcers they are also protectors o the rights o the people, the guardians and implementers o peace and order and at all times exemplars o  conduct betting a public servant. What is Ethics? As a feld o std! std!"" ethics is a #$a%ch o &hiloso&h! 'hich stdies the &$i%ci&les o $i(ht o$ '$o%( i% h)a% co%dct. Ri(ht o$ '$o%( a$e *alities assi(%ed to actio%s" co%dct a%d #eha+io$.

Ethics is co))o%l! associated 'ith the ollo'i%($ %. &ustoms '. (abits ). Practices *. !ti#uette +. oral values -. Principle Csto)s  means long established practices common to a particular community, class or race. A customs implies a more or less permanent way o acting a reinorced by traditions and social attitudes, e.g., the customs o giving gits on &hristmas. Ha#its0 on the other hand as applied to an individual implies the repetition o  the same

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action as to develop a natural, spontaneous or rooted tendency or inclination to perorm it.

that is consistent with what is generally considered to be right or moral. !thical behavior is the bedroc" o )tal t$st.

P$actice  means a regularly ollowed procedure or pattern in conducting activities.

ETHICS IN PRACTICE 4enneth 5. Andrews, in 6!thics in Practice,6 contends that there are three aspects to ethical behavior in organi1ations$

Eti*ette means observance o social norms as re#uired by good breeding, e.g. table manner, dress code, etc.

%. 3he development o the individual as an ethical person, '. 3he e7ect o the organi1ation as an ethical or unethical environment, and ). 3he actions or procedures developed by the organi1ation to encourage ethical behavior and discourage unethical behavior.

1ales provide the basis or judgments about what is important or the organi1ation to succeed in its core business. 2o$al +ales0 those choices" decisio%s a%d actio%s #! 'hich )a%3s $atio%al aclties a$e i%+ol+ed a%d &e$ected.

The$e a$e th$ee *alities i%di+idals )st &ossess to )a/e ethical decisio%s.

O#4ecti+es o Ethics5

%. ma"e clear to us why one act is better than the other2 '. !nable us to live and have an orderly social way o lie2 ). Appraise, critici1e and evaluate intelligently the moral conduct and ethical system, and2 *. !xplore and aspire to the time value o lie.  3o  3 o behave beh ave ethica e thically lly is i s to b ehave in a manne mannerr '/

%. 3he ability to recogni1e recogni1e ethical ethical issues and to reason through the ethical conse#uences o decisions. '. 3he ability to loo" loo" at alternative alternative points o view, deciding what is right in a particular set o circumstances. 3his is similar to the ability to rerame.

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action as to develop a natural, spontaneous or rooted tendency or inclination to perorm it.

that is consistent with what is generally considered to be right or moral. !thical behavior is the bedroc" o )tal t$st.

P$actice  means a regularly ollowed procedure or pattern in conducting activities.

ETHICS IN PRACTICE 4enneth 5. Andrews, in 6!thics in Practice,6 contends that there are three aspects to ethical behavior in organi1ations$

Eti*ette means observance o social norms as re#uired by good breeding, e.g. table manner, dress code, etc.

%. 3he development o the individual as an ethical person, '. 3he e7ect o the organi1ation as an ethical or unethical environment, and ). 3he actions or procedures developed by the organi1ation to encourage ethical behavior and discourage unethical behavior.

1ales provide the basis or judgments about what is important or the organi1ation to succeed in its core business. 2o$al +ales0 those choices" decisio%s a%d actio%s #! 'hich )a%3s $atio%al aclties a$e i%+ol+ed a%d &e$ected.

The$e a$e th$ee *alities i%di+idals )st &ossess to )a/e ethical decisio%s.

O#4ecti+es o Ethics5

%. ma"e clear to us why one act is better than the other2 '. !nable us to live and have an orderly social way o lie2 ). Appraise, critici1e and evaluate intelligently the moral conduct and ethical system, and2 *. !xplore and aspire to the time value o lie.  3o  3 o behave beh ave ethica e thically lly is i s to b ehave in a manne mannerr '/

%. 3he ability to recogni1e recogni1e ethical ethical issues and to reason through the ethical conse#uences o decisions. '. 3he ability to loo" loo" at alternative alternative points o view, deciding what is right in a particular set o circumstances. 3his is similar to the ability to rerame.

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). 3he ability ability to deal with ambiguity ambiguity and and uncertainty2 ma"ing a decision on the best inormation available.

Police ofcers cannot be considered competent i they they do not support support their their behavi behavior or on the street with a personal ethics that is thoughtully created and maintained. !thics and compe ompete tenc nce e are lar largely gely det determi ermine ned d by individual police ofcer:s character.

I2PORTANCE OF ETHICS • •



What is 4stice?

It is an indispensable "nowledge 8ithout moral perception, man is only an animal 8ithout morality, man as a human being is a ailure.

It is the co%ce&t o )o$al $i(ht%ess #ased o% ethics ethics"" $atio%a $atio%alit lit! !" la'" la'" %at$a %at$all la'" la'" $eli(io%" ai$%ess o$ e*it! alo%( 'ith the &%ish)e%t o the #$each o said ethics.

 ;ustice as a process process prevails when people under similar circumstances are treated in an e#ual and air manner beore the law.

6. POLICE ETHICS

Police ethics is a practical science that treats the principle o human morality as applied to law enorcement.

 ;ustice as a substance substance prevails when people rece receiv ive e rom rom the the law law what what they they dese deserv rve e to receive. THE THREE 2A7OR POLICE FUNCTIONS

THE POLICE AND THE LAW

%. !norce the law. law.

 3he police must apply the law airly, evenhandedly with a view to promote justice. 9aws are created by legislature presumably or the the best best inter interes estt o all peop people le.. In a grea greatt exte extent, nt, the action actions s o the polic police e deter determin mines es what the law really means .

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'. aintain aintain order order. ). Provide community service . THE THE NEED EED ETHICS

FOR FO R POLI POLIC CE

TO STU TUD D8 

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8hy is it important or the police ofcer:s today today to discu discuss ss moral morality ity in relat relation ion to their wor"< =ome o the reasons are2 9. Li)ited Li)ited &olice acade)! t$ai%i%( t$ai%i%( i% ethics.

Police Police academies academies o7er only three three and one hal hours hours allocati allocation on or ethics in their curriculum. 3his is so inade#uate or police ofcer:s who always enco encoun unte terr ethi ethica call dile dilemm mma a in the the perormance o their sworn duties. :. Li)ited acade)ic t$ai%i%( i% ethics.

An increasing number o police recruits who are graduates o &riminology have only six units in ethics which is inade#uat inade#uate e or them to exerc exercise ise their their proession as a true proessional police ofcer. ;. The The i%te i%tell llec ect tal al toda!3s o+/.

a%d #e co%sta%tl! )i%dl o the 'ela$e o othe$s. Ho%est i% tho(ht a%d deed i% #oth )! &e$so%al a%d oa)&le to all= )ai%tai%

c$i)i%al" I 'ill e%o$ce the la'

co$a(eos cal) i% the ace o da%(e$"

co$teosl! a%d a&&$o&$iatel! 'ithot

sco$% o$ $idicle= de+elo& sel0$est$ai%t=

ea$ o$ a+o$" )alice o$ ill 'ill" %e+e$

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e)&lo!i%( %%ecessa$! o$ce o$ +iole%ce a%d %e+e$ acce&ti%( ($atities. I $eco(%i@e the #ad(e o )! oit Call   PCP members pays an !xit &all on their superiors in the unit or command when relieved or reassigned out o the said unit or command. -. Co$tes! o the Post   3he host unit extends hospitality to visiting personnel who pay respect to the command or unit. /. Ra%/ Has0Its0O'% P$i+ile(e KRHIP   PCP members recogni1e the practice that di7erent ran"s carry with them corresponding privileges. Police Customs on Ceremonies  3he ollowing are police customs on ceremonies$

'. Ch$ist)as call   PCP members pay a &hristmas &all on their local executives in their respective area o responsibility. ). Ne' 8ea$Js Call   PCP members pay a Cew Gears call on their commanders andNor "ey ofcials in their respective area o responsibility.

%. Fla( Raisi%( Ce$e)o%!  3he PCP members honor the Jag by raising it and singing the Cational Anthem beore the start o the ofcial days wor".

*. P$o)otio% Call  Cewly promoted PCP members call on their unit head. On this occasion, they are usually given due recognition and congratulations by their peers or such deserved accomplishment.

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:. Fla( Ret$eat Ce$e)o%!   At the end o the ofcial the lowering o the J ag. ;. Hal02ast   3he Jag is raised at hal mast in deerence to deceased uniormed members o the command. '0

0. Weddi%( Ce$e)o%!  Buring marriage o PCP members, a ceremony is conducted with participants in uniorm and swords drawn.

*. F%e$al Se$+ice a%d Ho%o$s   Beparted uniormed members, retirees, war veterans or ormer P&NICP services and graveside honors as a gesture o arewell.

>. A%%i+e$sa$!   3he birth or institutional establishment o a command or unit is commemorated in an Anniversary &eremony.

+. Ce$e)o%! Te%de$ed to Ret i$ees  In recognition o their long aithul and honorable service to the PCP, a testimonial activity is tendered in their honor. -. Ho%o$ Ce$e)o%!  Arrival and departure honor ceremonies are rendered to visiting dignitaries, DIPs, PCP Ofcers with the grade o &hie =uperintendent and above and AHP ofcers o e#uivalent grade, unless waived. /. T$%0O+e$ Ce$e)o%!   3he relin#uishment and assumption o command or "ey position is publicly announced in a 3urnOver &eremony by the outgoing and incoming ofcers in the presence o the immediate superior or his representative.

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. P$o &e$ A tt i$e  PCP members always wear appropriate and proper attire in conormity o the occasion.

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. U%io$)A&&ea$a%ce   3he public loo"s upon a PCP member as distinctively a man among men. It is a welcome sight when PCP members wear their uniorm properly wherever they may be. Fulging stomach is a taboo in the uniormed service. =ince disciplined PCP members are best exemplied by those who are neat in appearance and wearing the prescribed uniorm, they must thereore observe the ollowing$ a. 8earing o prescribed uniorm. b. Adherence to haircut prescribed by rules  regulations.

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%'. 2a%%e$ o Wal/i%(0 !very PCP ember is expected to wal" with pride and dignity.

a light hearted jesting or airing o minor gripes.

Othe$ Police Csto)s5 %. Immediate 1isiti%( the Sic/0 commanders or other available ofcers o  the unit visit PCP embers who are sic" in the hospital, their residence or any place o connement in order that their needs are attended to. '. S$+ i+o$ Assist a%ce o  Hei$ o   Deceased 2e)#e$s0 A survivor ofcer is designated whenever PCP members die, to render maximum assistance to their bereaved amily until all benets due shall have been received. ). 1isiti%( the Reli(ios Leade$s PCP Ofcers visit religious leaders in their areas o  assignment to establish or maintain rapport and cooperation between the di7erent religious leaders and the PCP. *. Athletics PCP members indulge in physical tness activities o insure that their proper physical appearance and bearing are smaller than the si1e o his chest and in conormity with the standard set orth by the organi1ation. +. Ha&&! Ho$s  Esually on Hriday or any other day suitable or the occasion, PCP members gather together at their PCP club or

THE TRADITIONS THAT POLICE2EN ARE ADHERIN TO5

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%. S&i$ital #elies   religious and Kod loving persons. 3hey attend religious services together with the members o  their amily. '. 1alo$   history attests that the Hilipino law enorcers have exemplied the tradition o valor in deending the country rom aggression and oppression. ). Pat$iotis)  patriotic by nature. 3hey maniest their love o country with a pledge o allegiance to the Jag and a vow to deend the constitution. *. Disci&li%e  instinctive obedience to lawul orders and through spontaneous actions towards attainment o organi1ational objectives guided by moral, ethical and legal norms. +. e%tle)a%li%ess   bright in character, polite in manner, dignied

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in appearance and sincere in his concern to his ellowmen.

b. 3he ,&a)&adlas@  the git given to acilitate or expedite the doing o a legal thing.

-. Wo$d o ho%o$  a policeman:s word is his bond. (e stands by it and commits to uphold it.

c. 3he@ &a)&asala)at ? the git given in appreciation or a thing already done.

/. Dt!  dedicated public servants who perorm their tas"s with a deep sense o responsibility and sel sacrice. 0. Lo!alt!   loyal to the organi1ation, country and people as borne by history and practice. >. Ca)a$ade$ie  the binding spirit that enhances teamwor" and cooperation in the police organi1ation, extending to the people they serve maniested by members deep commitment and concern to one another.

d. 3he@)a(cash%do , the password used in consideration o doing something to be done or to undo, in terms o Qcash: or in "ind. e. ?&o$ die@ &o$ sie%to@  an explanatory remar" in a new sense or ?por dos por santoR@o an ofcial dealing or transaction, either in cash or in "ind.

THE POLICE AND THE CO22UNIT8   A. Police Cha$acte$istics $

SO2E CORRUPT PRACTICES CO22ITTED 68 SO2E DISHONEST 2E26ERS OF THE PNP

a. 3he ?&a#a(sa/  ? the git given so that an illegal thing maybe done.

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%. 2o$ale a%d es&$it de co$&s   there must be high morale among the members o the PCP reJected in their esprit de corps and spring rom their genuine loyalty and noble aith in the

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policies and objectives o their organi1ation.

-. Co$teos t$eat)e%t o la' +iolato$.

'. 2st ha+e e>acti%( a%d e>e)&la$! co%dct  the community demands that members o the PCP are more exacting LdemandingM and exemplary than is expected o private citi1ens.

/. Leade$shi&  psychological balance showing a well integrated personality.  ") ! good leader must possess the following -ualities$

). Police )st %de$sta%d  policeman:s duty is to regulate the conduct and administers to the needs o the people rom all wal"s o lie. *. Police i%e%ce o+e$ the co))%it!  the community loo"s upon policeman as representative o the authority o law. +. P$actice o co$tes!  to appreciate sincerity habitually perorms act o courtesy re#uires cultivation o appearance, voice, manner, intelligence, humor, temperament and unselshness that are easily appreciated by the people.

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%. Sel co%fde%ce  is aith to onesel, and is predicated upon "nowledge, still in applying "nowledge and in the ability and willingness to pass one:s "nowledge or the benet o others. '. Sel0 sac$ifce  is a undamental trait to true leadership. It is inescapable act that to contemplate a situation without bias re#uires rst a subordination o sel. ). Pate$%alis)  as a #uality is ound in a policeman who is mindul o the welare o others. It is basic to police leadership because community welare is the '0

primordial responsibility o the police.

not thoroughly understood by most citi1ens.

*. Fai$%ess a%d ho%est!  are #ualities that have universal appeal. 3hus, there is opportunity or need to display these #ualities especially in the police service.

0. 2o$al asce%da%c!  inJuence that one person exercise over a group o persons by reason o exemplary nature o his character. It arises out and withstands the hardships and vicissitudes o the wor", sincerity o purpose that maniest its willingness to personally adhere, without e#uivocation, to the same standards o conduct that he is dutybound to enorce upon others.

+. Decisi+e  initiative and decisiveness are characteristic traits o man who acts correctly and at a proper time. -. Pe$so%al di(%it!  is indicative o  a policeman:s appreciation o the honor o his position. It is an excellent maniestation o his ?esprit de corps@ and is a powerul actor in creating community respect. /. Ph!sical a%d )o$al co$a(e   community assumes that policemen are physically courageous, yet true courage is

>. De&e%da#ilit! a%d &%ctalit!  public has the right to the same guarantees in the manner o its saety as all exacts or the protection o public.

9G. Attitde i% t$ial co$t a. (e must say nothing but the truth. b. (e must be calm. '/

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c. (e must be prepared. d. (e must be courteous. e. (e must be natural and straightorward . (e must maintain his temper g. (e must be attentive to the #uestions to be heard. h. (e must spea" loudly enough to be heard. i. (e must be conscious o his personal appearances.

%%.

A&&ea$i%( as a 'it%ess $

a. Wit%ess i% c$i)i%al case   policeman shall, when subpoena as a witness in a criminal case, promptly notiy their immediate chies. b. Wit%ess i% ci+il case   no member o the PCP shall testiy in civil cases unless summoned by proper authority.

immediately report to their superior ofcer.

OTHER ETHICAL CREEDS PNP 2ISSION5 ;he P9P shall enforce the law  prevent and control crimes maintain  peace and order and ensure pu%lic safety and internal security with the active support of the community .

PNP 1ISION5 We are committed to the vision of  professional dynamic and highly motivated P9P supported %y a responsive community regarded as one of the most credi%le national institution and ran< safety and internal security with the active support of th e community)

c. Actio% ate$ co$t atte%da%ce  ater having been released thereo or the day, '/

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public ofce is a public trust and that all POLICE :GGG5

public servants must at all times serve with

 P 0 P$e+e%tio% a%d co%t$ol o c$i)e &$i)a$il! th$o(h the COPS. O 0 O$de$ a%d )ai%te%a%ce a%d i%te$%al sec$it!.  L 0 La' e%o$ce)e%t 'ithot ea$ o$ a+o$.  I 0 I)a(e c$edi#ilit! a%d i)a(e s&&o$t. C 0 Coo$di%atio% 'ith othe$ (o+e$%)e%t a(e%cies" NO. E  Et$a4dicial e>ectio%s o$ disa&&ea$a%ces" a%d $ese to o#e! a%! o$de$ to do so

6asic Sta%da$d 5 All detai%ees )st #e t$eated h)a%el!. Do %ot i%ict" i%sti(ate o$ tole$ate a%! act o to$t$e o$ ill0t$eat)e%t" i% a%! ci$c)sta%ces" a%d $ese to o#e! a%! o$de$ to do so

Co one should be arbitrarily or indiscriminately deprived o lie. An extrajudicial execution is an unlawul and deliberate "illing carried out by, or on the order o, someone at some level o government, whether national, state or local, or with their ac#uiescence.

Betainees are inherently vulnerable because they are under the control o law enorcement ofcials who thereore have a duty to protect detainees rom any violation o their rights by strictly observing procedures designed to respect the inherent dignity o the human person. Accurate record"eeping is an essential element o the proper administration o places o detention. 3he existence o ofcial records which are open or consultation helps to protect detainees

6asic Sta%da$d 9G5 Re&o$t all #$eaches o these 6asic Sta%da$ds to !o$ se%io$ o
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