The Importance of Ethics in Policing Adrian Lee, CC Northamptonshire Keele Workshop on Ethical Policing Thursday 18 th November 2010
If only policing was as easy as this
Overview Ethical Leadership - Our position of strength The continuing need for an applied ethics of policing Ethical decision making What are the values of the police service?
Ethical leadership and public life
Relevance of trust in leadership? I would assert that regulators have an obligation to consider the question of whether they should have a role to play in relation to judging the ethics and culture of the firms they regulate. Hector Sants, Chief Executive, Financial Services Authority http://www.fsa.gov.ukpages/library/communication/speeches/2010/1004_hs.shtml In almost every study the world over the most important leadership quality is honesty and integrity police professionals wanted individuals who practice what they preach and apply moral courage. Hilarie Owen, Police Professional, Feb 22, 2007
Relevance of trust in our leadership? Our reputation Policing with consent The Trust and Confidence Strategy The virtuous circle Legitimacy
Relevance of trust in our leadership? The importance of legitimacy The research of Meares, Skogan, Bottoms and Sherman.these rules justify the claim that the police are a rule bound institution engaged in the pursuit of justice and the protection of individual liberties, as well as the battle against crime. (Lawful Policing : Skogan and Mears @ http://ann.sagepub.com/cgi/content/abstract/593/1/66)
Survey of public attitudes towards conduct in public life 2008 On the new measure, 44 per cent of respondents said they would trust government ministers a lot or a fair amount to tell the truth, compared with 94 per cent for family doctors, 83 per cent for head teachers and 79 per cent for local police officers. Committee on Standards in Public Life Chair: Sir Christopher Kelly
The role of good leaders in developing the ethical mind Leading by example What is rewarded in the organisation What is not challenged How does the leader / organisation respond when under pressure? Howard Gardner: Five Minds of the future, Harvard Business School Press, 2007. Daniel Goldman: what great leaders have in common is emotionally intelligent Clear and lived values? Ethical leadership a factor in great leadership? An opportunity for further research
Ethical Leadership - Operational Use of lethal force Officers choosing their duties Armed guard at Israeli embassy Policing animal rights demonstrations The legal/moral boundary Alcohol and Cannabis Prostitution Covert policing tactics (L/N/P) Critical Incident Command
Ethical Leadership - Management Ethics and financial decisions Ethics and organisational change Environmental Strategy Ethical input to Training Chief Officer Pay
Ethical Leadership - Partnership Leadership in a partnership setting A common set of values? Duty of care to individual or society? Who is the customer health v police The Tragic Problem of the Good Joint ownership of decisions
Ethical Decision Making Step 1 Identify the real ethical decision as opposed to problems associated with decision implementation Step 2 What type of ethical dilemma is it (Romanelli)? Step 3 Review relevant ethical guidelines, standards, principles that are relevant Step 4 Know the relevant laws and regulations Step 5 If appropriate consult with others Step 6 Consider possible and probable courses of action which are consistent with the principles Step 7 List the consequences of the probable courses of action Step 8 Would you be happy with public disclosure? Step 9 Decide on what appears to be the best course of action Step 10 Monitor and be prepared to modify in the light of additional information
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The (propsed) National Decision Model Appendix 1 Gather Information Intelligence Assess Threat & Risk Take Action Policing Mission, Values, Risk and Protecting Human Rights Consider Powers & Policy Identify Options & Contingencies
Statement of Risk Principles Principle 1: The willingness to make decisions in conditions of uncertainty (ie risk taking) is a core professional requirement of all members of the Police Service. Principle 2: Maintaining or achieving the safety, security and well-being of individuals and communities is a primary consideration in risk decision making. Principle 3: Risk taking involves judgement and balance, with decision makers required to consider the value and likelihood of the possible benefits of a particular decision against the seriousness and likelihood of the possible harms. Principle 4: Harm can never be totally prevented. Risk decisions should, therefore, be judged by the quality of the decision making, not by the outcome. Principle 5: Taking risk decisions, and reviewing others risk decision-making, is difficult so account should be taken of whether they involved dilemmas, emergencies, were part of a sequence of decisions or might appropriately be taken by other agencies. Principle 6: The standard expected and required of members of the Police Service is that their risk decisions should be consistent with those a body of officers of similar rank, specialism or experience would have taken in the same circumstances. Principle 7: Whether to record a decision is a risk decision in itself which should, to a large extent, be left to professional judgement. The decision whether or not to make a record, however, and the extent of that record, should be made after considering the likelihood of harm occurring and its seriousness. Principle 8: To reduce risk aversion and improve decision making, policing needs a culture that learns from successes as well as failures. Good risk taking should be identified, celebrated and shared. Principle 9: Since good risk taking depends upon quality information, the Police Service will work with partner agencies and others to share relevant information about people who pose risk or people who are vulnerable to the risk of harm. Principle 10: Members of the Police Service who make decisions consistent with these principles should receive the encouragement, approval and support of their organisation.
Building Blocks For Value Based Decision Making O U T L IN E O F T H E P R O B L E M A M o d e l fo r E th ic a l J u d g e m e n ts a ffe c tin g L ib e rty a n d S e c u rity W h a t a lte rn a tiv e s h a v e y o u c o n sid e re d? W h a t sa fe g u a rd s e x ist to provide public scrutiny? Is th e re a n y e v id e n c e th a t a d e c isio n to re stric t lib e rty o r se c u rity w o u ld h a v e p u b lic a p p ro v a l? W h y is a n y in te rfe re n c e w ith lib e rty o r se c u rity n e c e ssa ry to achieve your objective? E x p la in h o w y o u r c o n sid e ra tio n s b a la n c e a n y c o m p e tin g C o n v e n tio n rig h ts. H o w w ill y o u r d e c isio n - m aking process be review ed? W h a t is th e p o te n tia l im p a c t o n a n y in d iv id u a l's L ib e rty o r S e c u rity? In a d d itio n to th e rig h t to lib e rty a n d se c u rity, w h ic h o th e r C o n v e n tio n R ig h ts a re e n g a g e d b y y o u r c o n sid e ra tio n s? H o w is th e p ro c e ss o f a u th o risa tio n o r a p p ro v a l tra n sp a re n t a n d d e m o n stra b ly fa ir? D o y o u r p ro p o se d re stric tio n s o n L ib e rty o r S e c u rity in fa c t u n d e rm in e th e sp irit o f th e se rig h ts? W h a t a re y o u try in g to a c h ie v e? W h a t is th e le g itim a te p u rp o se o f y o u r p ro p o se d a c tio n? H o w w ill y o u a u d it y o u r d e c isio n m a k in g p ro c e sse s? H o w w ill y o u m a n a g e th e c o lla te ra l im p a c t o f y o u r d e c isio n? H o w w ill y o u r v a lu e - b a se d ju d g e m e n t w ith sta n d w id e public scrutiny? P R O P O R T IO N A L IT Y E x p la in h o w y o u r c o n sid e ra tio n s b a la n c e th e p rio ritie s o f lib e rty v e rsu s se c u rity. D o y o u re q u ire a u th o risa tio n o r a p p ro v a l fo r y o u r a c tio n s. If so from w hom? H o w w ill y o u e n su re th a t y o u r a c tio n s g o n o fu rth e r th a n y o u r in te n d e d o b je c tiv e? A re th e se v a lu e s re fle c te d w ith in th e c o m m u n ity a n d how has this been tested? L E G IT IM A C Y W h a t la w fu l a u th o rity su p p o rts y o u r c o n sid e ra tio n s to restrict liberty or security? W h a t is th e p re ssin g so c ia l n e e d fo r th e in te rfe re n c e w ith Liberty or Security? H o w h a v e y o u e n su re d th a t y o u r p e rso n a l v a lu e s h a v e n o t im p ro p e rly in flu e n c e d your considerations? A U T H O R IT Y / A C C O U N T A B IL IT Y W h y is th e p ro p o se d a c tio n n e c e ssa ry? W h ic h O rg a n isa tio n a l V a lu e s underpin your position? O R G A N IS A T IO N A L V A L U E S N E C E S S IT Y W h a t e th ic a l a n d m o ra l v a lu e s h a v e in flu e n c e d y o u r c o n sid e ra tio n s? E T H IC S Freeburn A.R., Adam s R.F (2009)
The (propsed) National Decision Model Appendix 1 Gather Information Intelligence Assess Threat & Risk Take Action Policing Mission, Values, Risk and Protecting Human Rights Consider Powers & Policy Identify Options & Contingencies
Police Service Values The Peelian Principles The Attestation Statement of Common Purpose and Values International and European Codes of Ethics The Nolan Principles adopted by ACPO Codes of ethics for the PSNI and ACPOS
Statement of Common Purpose and Values Update. Police officers and police staff Partnership Equality, diversity and Human Rights
If only policing was as easy as this
Adrian Lee Chief Constable, Northamptonshire adrian.lee@northamptonshire.pnn.police.uk