Police Ethics PDF

POLICE ETHICS  POLICE The police simply means the public officials with the extraordinary powers of arrest who performs the direct police services of patrol, criminal investigation, and/or traffic control.  ELEMENTS OF POLICE 1.Public Officials 2.Extraordi...

POLICE ETHICS  POLICE The police simply means the public officials with the extraordinary powers of arrest who performs the direct police services of patrol, criminal investigation, and/or traffic control.  ELEMENTS OF POLICE 1.Public Officials 2.Extraordinary Power of arrest 3.Direct police Services  SIR ROBERT PEEL PRINCIPLE(FATHER OF LAW ENFORCEMENT) PRINCIPLES OF POLICING BY SIR ROBERT PEEL 1) The basic mission for which police exist is to prevent crime and disorder as an alternative to the repression of crime and disorder by military force and severity of legal punishment. 2) The ability of the police to perform their duties is dependent upon public approval of police existence, actions, and behavior and the ability of the police to secure and maintain public respect. 3) The police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain public respect.  4) The degree of the cooperation of the public that can be secured diminishes proportionately the necessity for the use of physical force and the compulsion in achieving police objectives. 5) The police seek and preserve public favor, not by catering to public opinion, but by constantly demonstrating absolutely impartial service to the law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws; by ready offering of individual service and friendship to all members of society without regard to their race or social standing, by ready exercise of courtesy and friendly good humor, and by ready offering of individual sacrifice in protecting and preserving life.  6) The police should use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient to achieve police objectives; and police should use only the minimum degree of physical force that is necessary on any particular occasion for achieving police objectives. 7) The police at all times should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police are only members of the public who are paid to give full-time attention to duties that are incumbent on every citizen in the intent of community welfare.  8) The police should always direct their actions toward their functions and never appear to usurp the powers of the judiciary by avenging individuals or the state, or authoritatively judging guilt or punishing the guilty. 9) The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with them. PROFESSIONAL POLICE PRINCIPLE  1.PREVENTION OF CRIME AND DISORDER THE BASIC MISSION FOR WHICH THE POLICE EXIST IS TO PREVENT CRIME AND DISORDER AS AN ALTERNATIVE TO THE REPRESSION OF CRIME AND DISORDER BY POLICE FORCE AND SOVERITY OF LEGAL PUNISHMENT  2. COOPERATION OF THE COMMUNITY A. THE POLICE MUST SECURE THE WILLING COOPERATION IN THE VOLUNTARY OBSERVANCE OF THE LAW TO BE ABLE TO SECURE AND MAINTAIN THE RESPECT AND SUPPORT OF THE COMMUNITY. B. THE ABILITY OF THE POLICE TO PERFORM THEIR DUTY IS DEPENDENT UPON THE COMMUNITY SUPPORT OF POLICE EXISTENCE,ACTIONS, BEHAVIOR AND THE ABILITY OF THE POLICE TO SECURE AND MAINTAIN COMMUNITY AND RESPECT.  3.UNREASONABLE FORCE REDUCE COMMUNITY COOPERATION A POLICE OFFICER WILL NEVER EMPLOY INNECESSARY FORCE OR VIOLENCE AND WILL USE ONLY SUCH FORCE IN THE DISCHARGE OF DUTY AS IS REASONABLE IN ALL CIRCUMSTANCES. FORCE SHOULD BE USED ONLY WITH THE GREATEST RESTRAINT ONLY AFTER DISCUSSION, NEGOTIATION AND PERSUASION HAVE BEEN FOUND TO BE INAPPROPRIATE OR INEFFECTIVE. WHILETHE SUE OF FORCE IS OCCASIONALLY UNAVOIDABLE, EVERY POLICE OFFICER WILL REFRAIN FROM APPLYING UNNECESSARY INFLICTION OF PAIN OR SUFFERING AND WILL NEVER ENGAGE IN CRUEL, DEGRADING OR INHUMAN TREATMENT OF ANY PERSON. 4. USE OF REASONABLE FORCE WHEN PERSUASION IS NOT SUFFICIENT A. THE POLICE SHOULD USE REASONABLE FORCE TO THE EXTENT NECESSARY TO SECURE OBSERVANACE OF THE LAW OR TO RESTORE OREDER ONLY WHEN THE EXERCISE OF THE PERSUASION,ADVISE AND WARNING IS FOUND TO BE INSUFFICIENT TO ATTAIN POLICE OBJECTIVES B. NO VIOLENCE OR UNNESCESSARY FORCE SHALL NOT BE SUBJECT TO ANY GREATER RESTRAIN THAN IS NECESSARY FOR HIS DETENTION  5.IMPARTIAL ENFORCEMENT OF LAWS A. POLICE SEEK AND PRESERVE COMMUNITY FAVOR, NOT BY CATERING TO COMMUNITY OPINION, BUT CONSTANTLY DEMONSTRATING ABSOLUTELY IMPARTIAL ENFORCEMENT OF LAWS, WITHOUT REGARD TO THE JUSWTICE AND INJUSTICE OF THE SUBSTANCE OF PARTICULAR LAWS. B. IMPARTIAL ENFORCEMENT OF LAWS ON ALL INDIVIDUAL MEMBERS OF THE SOCIETY WITHOUT REGARD TO THEIR RACE OR SOCIAL STANDING 6. THE COMMUNITY ARE THE POLICE A. THE POLICE AT ALL TIMES SHOULD MAINTAIN RELATIONSHIP WITH THE COMMUNITY THAT GIVES REALLY TO THE HISTORIC TRADITION THAT THE POLICE ARE THE COMMUNITY ARE THE POLICE. B. THE POLICE ARE THE ONLY MEMBERS OF THE COMMUNITY WHO ARE PAID TO GIVE FULL TIME ATTENTION TO MAINTAIN PEACE AND ORDER WHICH ARE INCUMBENT ON EVERY CITIZEN IN THE INTEREST OF COMMUNITY WELFARE.  7. POLICE SHOULD NOT USURP JUDICIAL POWER THE POLICE SHOULDALWAYS DIRECT THEIR ACTIONS STRICTLY TOWARD THEIR FUNCTIONS AND NEVER APPEAR TO USURP THE POWER OF JUDICIARY BY AVERAGING INDIVIDUALS OF THE STATE OF AUTHORITATIVE JUDGING GUILT OR PUNISHING THE GUILT.  8. REDUCTION OF CRIME AND DISORDER THE TEST OF POLICE EFFICIENCY IS THE REDUCTION OF CRIME AND DISORDER UNTIL TOTALLY ERADICATED, NOT BY EVIDENCE OF POLICE PRESENT AND ACTION IN DEALING WITH THE COMMUNITY.  9. RULE OF ENGAGEMENT IMPARTIALLY OBSERVED A. POLICEMEN ENGAGED IN ANTI-CRIME OPERATION MUST ALWAYS CONSIDER THE SAFETY AND SECURITY WHO MIGHT BE CAUGHT IN THE CROSSFIRE OF ARM ENCOUNTERS. B. THE USE OF FORCE INCLUDING FIREARMS, IS JUSTIFIABLE ONLY BY VIRTUE OF THE DOCTRINE OF SELF- DEFENSE AND DEFENSE OF A STRANGER. NOBODY,INCLUDING THE POLICEMAN AND OTHER LAW ENFORCEMENT AUTHORITIES,IS ABOVE THE LAW. C. THE USE OF FORCE , ESPECIALLY FIREARMS, SHOULD BE APPLIED ONLY AS A LAST RESORT, WHEN ALL OTHER PEACEFUL AND NON-VIOLENT MEANS HAS BEEN EXHAUSTED. D. THE USE OF FORCE, ESPECIALLY FIREARMS, SHOULD BE CONFINED ONLY IN THE LAWLESS ELEMENT AND THE RESPONDING PNP UNIT. THIS IS INHERENT IN THE POLICE SERVICE IN WHICH THE PROFESSION, THE ARMAMENTS AND SAFETY LIFE OF EVERY PNP MEMBERS ARE DEDICATED TO THE PROTECTION AND SAFETY OF THE PEOPLE. 10. POLICE DISCRETION A POLICE OFFICERS WILL USEE RESPONSIBILITY THE DISCREATION VESTED IN THE POSITION AND EXERCISE IT WITHIN THE LAW. THE PRINCIPLE OF REASONABLENESS WILL GUIDE THE OFFICER’S DETERMINATIONS AND THE OFFICER WILL CONSIDER ALL SURROUNDING CIRCUMTANCES WHETHER ANY LEGAL ACTION SHALL BE TAKEN. CONSISTENT AND WISE USE OF DISCRETION, BASED ON PROFESSIONAL POLICING COMPETENCE, WILL DO MUCH TO PERSERVE GOOD RELATIONSHIP AND RETAIN THE CONFIDENCE OF THE PUBLIC. THERE CAN BE DIFFICULTY IN CHOOSING BETWEEN CONFLICTING COURSES OF ACTION. IT IS IMPORTANT TO REMEMBER THAT A TIMELY WORD OF ADVICE RATHER THAN ARREST-WHICH MAY BE CORRECT IN APPROPRIATE CIRCUMTANCES-CAN BE A MORE EFFECTIVE MEANS OF ACHIEVING A DISIRED END  LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard life and property; to protect the innocent against deception; weak against oppression or intimidation; and the peaceful against violence or disorder; and to respect the constitutional rights of all men, to liberty, equality and justice.  I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and regulations of my organization. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.  I will never act officiously or permit personal feelings, prejudices, animosities or friendship to influence my decision, with no compromise for crime and with relentless prosecution of criminals. I will enforce the law courteously and appropriately without fear or favor, malice or will, never employing unnecessary force or violence and never accepting gratuities in return.  I recognize the badge of my office as a symbol of public faith and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.  I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession... law enforcement. CANNONS OF POLICE ETHICS  THE FOLLOWING ARE THE CANNONS OF POLICE ETHICS: 1.Primordial police responsibility 2.Limitation of police authority 3.Knowledge of the law and other responsibilities 4.Use of power means to obtain proper ends 5.Cooperation with public officials 6.Proper conduct and behavior 7.Conduct toward the community 8.Conduct in arresting law violation 9.Firmness in refusing gifts or favor 10.Impartial presentation of evidence 11.Attitude toward police profession  1.PRIMORDIAL POLICE RESPONSIBILITY The primary objective of police is the prevention of crime, policeman knew too well that he has committed his life to defend and protect the rights of the citizen and uphold the law at all cost.  2. LIMITATION OF POLICE AUTHORITY Policeman as an upholder of the law must know its limitation upon him in enforcing the law, thus: a. He must be aware of the limitation which the people, through law, have place upon him. b. He must recognize the center of the democratic system of the government which gives no person are group of persons, absolute power. c. He must insure that he does not pervert its true character.  3. KNOWLEDGE OF THE LAW AND OTHER RESPONSIBILITIES a. The policeman shall assiduously apply himself to the principle of the law which he is sworn to applied. b. He will make certain of his responsibilities in the particular field of enforcement, seeking aid of his superior in matters technically or in principle are not clear to him. c. He shall make special effort to fully understand his relationship with other law enforcement agencies, particularly on matters of jurisdiction, both geographically and substantively.  4. USE OF PROPER MEANS TO OBTAIN ENDS a. The policeman shall be mindful of his responsibility to have strict selection of methods in discharging the duty of his office. b. Violation of law or disregard of public safety and property on the part of the officer are intrinsically wrong. They are self-defeating if they instill in the public mind and a like disposition. c. The employment f illegal methods, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be honored, it must first be honored by those who enforce it.  5. COOPERATION WITH PUBLIC OFFICIALS a. The policeman shall cooperate fully with the other public officials in the performance of authorized duties, regardless of party affiliation or personal prejudices. b. He shall be meticulous, however, in assuring himself of property, under the law, of such actions and shall guard against the use of his office or person whether knowingly or in any improper or illegal action.  6. PROPER CONDUCT AND BEHAVIOR a. The policeman shall be mindful of his special identification by the public as an upholder of law. b. Police laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain special prevail, cannot but reflect upon in the policeman and the police service. c. The community and the service requires that the policeman leads the life of decent and honorable person, following the career of policeman gives him no special pre-requisite.  7. CONDUCT TOWARDS THE COMMUNITY a. The policeman shall be mindful of his responsibility to the community. b. He shall deal with individuals of the community in the matter calculated to instill respect for its law. c. He shall conduct his official life in a manner that will inspire confidence and trust. d. He will be neither overbearing nor subservient, as no individual citizen has no obligation to stand in awe of him or fight to command him. e. He will do neither from personal preference or prejudice but rather a duty appointed officer of the law discharging his sworn obligation.  8. CONDUCT IN ARRESTING LAW VIOLATOR a. Policeman shall use his powers of arrest in accordance with the law and with due regard to the rights of the citizen concerned. b. He shall, at all times, have a clear appreciation of his responsibilities and limitation regarding the detention of the accused. c. He shall conduct himself in such a manner as will minimize the possibility of having to use force. d. He shall cultivate a dedication to the people and the equitable upholding of the law whether in the handling of the accused or law abiding citizen.  9. FIRMNESS IN REFUSING GIFTS A FAVORS a. Policeman representing the government, bears heavy responsibility of maintaining, in his conduct, the honor and integrity of all government institution. b. He shall guard against placing himself in a position in which the public can reasonably assume that special consideration is being given. c. He shall be firm in refusing gifts, favors or gratitude, large or small, which can be the public mind, be interpreted as capable of influencing his judgement in the discharge of his duties.  10. IMPARTIAL PRESENTATION OF EVIDENCE a. Policeman shall concerned equally in the prosecution of the accused of the defense of the innocent. b. He shall ascertain what kind of evidence and shall present such evidence impartially and without malice. c. He shall ignore social, political and all other distinction among the person involved, strengthening the tradition of the reliability and integrity of an officer’s word. d. He shall be mindful that in many situation be is the sole impartially testimony to the facts of the case.  11. ATTITUDE TOWARD POLICE PROFESSION a. Policemen shall regard the discharge of his duties as a public trust and recognize his responsibilities as a public servant. b. He shall strive to make the best possible application of science to the selection of the crime and in the field of human relation. c. He shall strive for effective leadership and public influence in matters affecting public safety. d. He shall appreciate the importance and responsibility of his office, and hold police work to be an honorable profession rendering valuable service to his community. e. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly.  PROFESSIONAL CONDUCT OF THE POLICE 1. Commitment to Democracy – They shall at all times uphold the constitution and be loyal to our country, people and the police organization. 2. Commitment to public Interest – Members will always uphold public interest over and above personal interest. 3. Non-partisanship – Shall provide service to every one without discrimination regardless of party affiliation in accordance with existing laws and regulations. 4. Physical Fitness and Health – They shall strive to be physically and mentally fit and in good health at all times. 5. Secrecy Discipline – Members shall guard the confidentiality of classified documents and information against unauthorized disclosure. 6. Social Awareness – Members and their immediate family shall be encourage to actively get involved in the religious, social and civic activities to enhance their image. 7. Non-solicitation of patronage – Members shall not solicit influence or recommendation directly or indirectly. 8. Proper Care and Use of Public Property – Be responsible for the security, proper care, and use of public property issued to them or deposited under their custody and care 9. Devotion to Duty – Manifest concern for public welfare and shall refrain from engaging in any activity which shall be in conflict with their duties as public servant. 10. Conservation of Natural Resources – For ecological balance and posterity as these are inalienable heritage of the people. 11. Discipline – Keep themselves with the rules and regulations of the Philippines. 12. Loyalty – Loyal to the Constitution and to the police service. 13. Obedience to Superior – Must be courteous to superior officers. 14. Command Responsibility – Superior shall be responsible for the effective supervision, control and direction of their personnel.