Initao College

CRIMINAL JUSTICE EDUCATION PROGRAM

CRIMINOLOGY 6: PROFESSIONAL CONDUCT AND ETHICAL STANDARDS

Lesson 1: INTRODUCTION TO ETHICS AND VALUES

Learning Objectives:

At the end of the lesson, students will be able to:

1. Explain the difference between ethics and morality; ethics and law; and
2. Develop a deep understanding of human existence.

MAIN LESSON
UNDERSTANDING ETHICS

Etymologically, the word ethics is coined from the Greek word “ethicos”, or that which pertains to “ethos”, the English translation
of which is “custom” or “character”. From this etymological meaning, ethics is taken to mean as a philosophical science that
deals with the morality of human conduct or human acts.

What do we mean by “morality of human acts?” Morality of human acts refers to the goodness of the badness, the rightness or
the wrongness of human acts.

History of Ethics
The Classical Period
Qualities of Mind during this period according to Jones. et. al.

1. A concern with this world and its affair, an interest in nature and in the natural man.
2. A thorough rationalism, a respect for evidence as evidence was understood in those times.
3. Most important of all, curiosity.

We can summed up these qualities of mind in the term “Humanism”

The Middle Ages

This period is considered to be a study of continuity and discontinuity. Continuity because many of the philosophers were steeped
in classical doctrine. On the other hand, it is termed “Discontinuity” in the sense that religion has come into the picture. Philosophy
such as ethics and metaphysics were interwoven with theology.

The Early Modern Period

The philosophy that develops during this period are the following:

1. A shift from the supernatural from natural, temporal and secular.

2. An attempt to balance the supernatural and the temporal as many of the philosophers were not really weaned from the religion
of the past.
3. The rise of modern science specially physics.
4. The changes brought about by the industrial and social revolutions towards the end of the period.

The Nineteenth Century

Several tendencies characterized this period:

1. Utilitarianism with the level of the greatest good to the greatest number.
2. The scientific theory. Although this started in the previous century but many philosophers applies it with ethical questions
during this period like Bentham.
3. The individual versus the state
4. Irrationalism: in contrast with the “man is a rational animal”.

The Contemporary Period

The philosophers of this period exhibit a diversity of trends in moral beliefs: For and against the scientific theory, logical
positivism, return of belief of man as sinful, existentialism with its own diverse spokesman.

Four Disciplines / Divisions in Philosophy:

1. Descriptive or Speculative – a discipline in philosophy that posits the question: What is the nature of reality? (Metaphysics)
2. Normative – a discipline in philosophy that posits the question: What is good and what is bad? Or what is right action and
wrong action? (Moral philosophy)

COMPLETE NAME: _______________________________________ GROUP NUMBER: ______________

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
GROUP 8-10: JOLENA LINGGIAN

3. Practical philosophy – a discipline in philosophy which reflects upon truth in relation to action. (Logic)
4. Critical philosophy – a discipline in philosophy that posits the question: What is truth? (Epistemology)

ETHICS AND LAW

Ethics Law

Study of human motivation Concerned with what we do not what we feel

Requires that man desires that of which is good and act in Requires that we perform the required action regardless of our feelings
accordance with that desire towards such action

Solidly based on reasoning process essential to appropriate Logical instrument of social control that for the most part are not
discretion necessarily products of wisdom

Dependent upon knowledge. Rationality and goodwill Dependent for their effectiveness upon legal procedures and complex
rules of evidence

UNDERSTANDING MORALITY
Moral integrity is the only true measure of what man ought to be. The most successful professional, is nothing unless he too is
morally upright. Thus, the philosophers speak of ethics as the “only necessary knowledge”. Morality is the foundation of every
human society. 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 the moral foundation of a nation is threatened, society itself
is threatened.

Morality is the quality of human acts by which they are constituted as good, bad or indifferent.

Ethics Morality

What is it? The rules of conduct recognized Principles or habits with respect to right and wrong conduct. It defines
in respect to a particular class of how things should work according to an individual’s ideals and
human actions or a particular principles.
group, culture, etc. It defines
how things are according to the
rules.

Source Social system/external Individual/internal

Why do we do it? Because society says it is the Because we believe in something being right or wrong
right thing to do.

Ethics Morality

Flexibility Ethics are dependent on others Usually consistent, although can change if an individual’s beliefs change.
for definition. They tend to be
consistent within a certain
context, but can vary between
contexts

MORALITY AND HUMAN EXISTENCE

There is morality because there is man.

1. Man is the only Moral Being by virtue of the following reasons.

a. Man is a being of action.
b. Man has intellect.
c. Man has will.

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
GROUP 8-10: JOLENA LINGGIAN

d. Man as an Animal
e. Man as a Rational Animal
f. Intellect compared with will
g. Concrete basis of Morality

UNDERSTANDING VALUES
Undeniably, there is a metaphysical dependence of values in ethics, for values have ethics as one of their indispensable carriers.
True enough, ethics and values support each other. An ethics without values is hollow and shallow and, therefore, weak. Values
without ethics are paralytic. Needless to say, values are values even if they are not put into practice because primarily – not
absolutely - values are objective. If values are construed this way, it can be inferred that they have nothing to do with ethics. The
contention can be justified in view of the fact that not everything which is good is moral or ethical. In other words, not all values
(good) are necessarily moral. The good in a glass of water – because it satisfies our thirst – does not quality water as moral. The
good in food – because it satisfies our hunger – does not make food moral as well.

General definition of Values

1. Values are the object of human desire and striving; they are also the subjective assessment of a particular object insofar as it
is good.
2. Values are our beliefs, those beliefs which we hold to be true. Thus values inspire us to struggle towards our proximate and
ultimate ends.
3. Values refer to things, person, ideas or goals which are important to life; they enable us to direct, understand, and evaluate
our lives. Thus, they refer to our ideals and our principles by which we live. Further, values are those which we like, approve,
esteem, enjoy and prize.

Properties of Values

1. Values are subjective – when we say values are subjective, we mean that the existence and the validity of values are
dependent upon the feelings or attitudes of the subject.
2. Values are objective – when we say values are objective, we mean that the existence and the nature of values are independent
of a subject.
3. Values are relative – this means that values have intrinsic limitation and imperfection.
4. Values are bipolar – this means that values do not exist alone; they always exist with their counter values. Thus, values are
either positive or negative.
5. Values are hierarchical – when we say values are hierarchical, we do not classify values but rather we rank them. When
we rank values, we establish the order of importance among them. The closest meaning of ranking values is prioritizing
values.

UNDERSTANDING HUMAN ACTS

Human acts are actions that proceed from the deliberate free will of man. In a broader perspective, the term human acts refer to
any activity performed by man. This activity could either be physical, spiritual, internal, or external. Moral philosophy, however,
treats the term human acts not in its broader but in its stricter meaning. Moral Philosophy, therefore, understands human acts as
actions that are proper only to man. These actions are those which man does not share with the brutes for human acts are rational
and willed acts.

Three-fold Elements of Human Acts

1. Knowledge
2. Freedom
3. Voluntariness

Human Acts Acts of Man

It requires man’s rationality. It does not require man’s rationality.

It requires knowledge, freedom and voluntariness (elements of Done without knowledge, without consent and involuntary.
human acts)

It does not need man’s freedom and will.

Man takes responsibility of his action It does not make man responsible for his action.

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
GROUP 8-10: JOLENA LINGGIAN

Lesson 2: RIGHTS AND DUTIES

Learning Objectives:

At the end of the lesson, students will be able to:

1. Distinguish rights and duties; and
2. Identify and internalize the bill of rights under the constitution.

MAIN LESSON

Definition of Right

Objectively – it is anything which is owed or due

Subjective – that is, as residing in a person, right is a moral power, bound to be respected by others, of doing, possessing or
requiring something.

Kinds of Rights

1. Natural Rights – are those based on the natural law, that is, on human nature. It is also those that are not dependent
on the laws or customs of any particular culture or government, and cannot be repealed by human laws, though one
can forfeit their enjoyment through one’s actions, such as by violating someone else’s rights.

2. Human Rights - are the basic rights and freedoms that belong to every person in the world, from birth until death.
They apply regardless of where you are from, what you believe or how you choose to live your life. They can never be
taken away, although they can sometimes be restricted – for example if a person breaks the law, or in the interests of
national security. These basic rights are based on shared values like dignity, fairness, equality, respect and
independence.

3. Civil Rights - are those dependent upon the laws of the state. It is the guarantee of equal social opportunities and
equal protection under the law, regardless of race, religion, or other personal characteristics. It is also the set of rights
design to protect individuals from unfair treatment.

4. Ecclesiastical or Religious Rights – are those dependent upon the laws of a church or a religious sect. It includes the
right to change your religion or beliefs at any time. You also have the right to put your thoughts and beliefs into
action. This could include your right to wear religious clothing, the right to talk about your beliefs or take part in
religious worship.

5. Alienable and Inalienable Rights – alienable rights are those, civil or religious rights, which can be surrendered,
renounced, or removed, such as the right to decent livelihood. Alienable rights can be taken away or transferable and
inalienable. Inalienable rights refers to rights that cannot be surrendered, sold or transferred to someone else,
especially a natural right such as the right to own property. However, these rights can be transferred with the consent
of the person possessing those rights.

6. Rights of Jurisdiction - is the power of lawful authority to govern his subjects and to make laws for them.

7. Right of Property – is the power to own, to sell, to barter, to lend, to change, or to give away one’s personal
possessions. It is also define as the theoretical and legal ownership of resources and how they can be used.

8. Judicial Rights – refers to all rights insofar as they are based on laws. These rights must be respected, allowed,
fulfilled, as a matter of strict justice.

9. Non-Juridical Rights – are those which are founded on laws, either natural or human, but on virtue. Thus, these are
also called moral rights.

Definition of Duty

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
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Objectively – it is anything we are obliged to do or to omit.

Subjectively – it is a moral obligation incumbent upon a person of doing, omitting, or avoiding something.

Duty is a moral obligation because it depends upon freewill. As such it resides in a person. Duty is defined by law, any willful
neglect of duty makes the person accountable for such an act.

Kinds of Duties

1. Natural Duties – are those imposed by natural law such as, the duty to care for our health. These are also moral
requirements. As the institutions and social positions to which institutional and social duties attach may be morally
defensible or indefensible, they do not necessarily possess any moral force.

2. Positive Duties – are those imposed by a human positive law such as the duty to pay taxes and to observe traffic rules.
These are viewed as duties which require us to perform an action which produces a certain good-a good which
someone else still might bring about, even if we do not.

3. Affirmative Duties – are those which require the performance of a certain act, such as casting a ballot during
election; applying for a business license. A legal obligation that requires some effort to satisfy.

4. Negative Duties – are those which require the omission of a certain act such as not carrying illegal firearms, or not
destroying the property of others.

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE III
BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied
the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon
lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or
public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records,
and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used
as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
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Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person
by reason of poverty.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right
to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of
counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against
him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong,
shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to
be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the
public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly
convicted.

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the
death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any
death penalty already imposed shall be reduced to reclusion perpetua.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
GROUP 8-10: JOLENA LINGGIAN

Lesson 3: HUMAN RIGHTS AND ETHICS IN THE LAW ENFORCEMENT SETTING

Learning Objectives:
At the end of the lesson, students will be able to:
1. Familiarize the universal declaration of Human Rights; and
2. Identify and internalize the ethics in the Law Enforcement Setting.

MAIN LESSON

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by
representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by
the United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common standard
of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected
and it has been translated into over 500 languages. It is composed of 30 articles which can be found under the existing Philippine
Laws except Article 22.

Application of General Human Rights Principles

Human Rights Standards

➢ International human rights law is binding on all States and their agents, including law enforcement officials
➢ Human Rights is a legitimate subject for international law and international scrutiny
➢ Law enforcement officials are obliged to know, and to apply, international standards for human rights

Ethical and Legal Conduct

Human Rights Standards

➢ Human rights derive from the inherent dignity of the human person
➢ Law enforcement officials shall at all times respect and obey the law
➢ Law enforcement officials shall at all times fulfil the duty imposed on them by law, by serving the community and by
protecting all persons against illegal acts, consistent with the high degree of responsibility required by their profession
➢ Law enforcement officials shall not commit any act of corruption. They shall rigorously oppose and combat all such
acts
➢ Law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all
persons
➢ Law enforcement officials shall report violations of those laws, codes and sets of principles which protect and promote
human rights
➢ All police action shall respect the principles of legality, necessity, non-discrimination, proportionality and humanity.

Human Rights Practice

All police officials

➢ Enroll in in-service training programs to understand better your legal powers and their limitations
➢ Remember that “obedience to superior orders” may not be invoked to justify serious human rights violations such as
unlawful killings and torture
➢ Familiarize yourself with both internal and external complaints and reporting procedures
➢ Report breaches of the law and human rights violations

Command and supervisory officials

➢ Provide in-service training to ensure that all police officials understand fully their legal powers and the legal rights of
citizens
➢ By example and good command and management practice, ensure that all police officials maintain respect for the dignity
of all persons
➢ Ensure that all police policy and strategy, and orders to subordinates, take into account the requirement to protect and
promote human rights
➢ Ensure that all reports and complaints of human rights violations are fully and properly investigated
➢ Develop and enforce standing orders incorporating international human rights standards

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
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➢ Develop an ethical code of conduct for your police service, incorporating the international standards addressed under
this topic

Policing in Democracies

Human Rights Standards

➢ The police shall provide for the protection of public safety and the rights of all persons
➢ The police shall be an independent organ of the Executive and shall be subject to the direction of the courts and bound
by their orders
➢ Every law enforcement agency shall be representative of and responsive and accountable to the community as a whole
➢ All police officials are part of, and have a duty to serve, the community
➢ Members of the police shall exercise their functions, powers and duties as impartial servants of the general public and
the Government of the day
➢ No member of the police may participate directly in political activities
➢ No member of the police may be ordered or forced to exercise his or her functions or powers or deploy police resources
to promote or undermine any political party or interest group, or any member of such a party or group
➢ The police have the duty to uphold the rights of and afford protection to all political parties, persons and organizations
equally without fear or favor
➢ In the exercise of his or her rights and freedoms, everyone shall be subject only to such limitations as are determined by
law
➢ Limitations on the exercise of rights and freedoms shall be only those necessary to secure recognition and respect for
the rights of others, and for meeting the just requirements of morality, public order and the general welfare in a
democratic society
➢ Everyone has the right to take part in the government of his or her country, directly or through freely chosen
representatives
➢ The will of the people shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage
➢ Everyone has the rights to freedom of opinion, expression, assembly and association

Human Rights Practice

All police officials
✓ Maintain political independence and impartiality at all times
✓ Carry out all duties impartially and without discrimination on such grounds as race, colour, sex, language, religion or
politics
✓ Protect and respect the human rights of all persons, including rights essential to political processes
✓ Maintain and preserve social order so that democratic political processes can be conducted constitutionally and legally

Command and supervisory officials

✓ Ensure that policies and strategies of the police agency are based on respect for democratic government
✓ Devise means to discover the specific needs of the local community, and respond to those needs
✓ Ensure that the composition of the police agency is representative of the entire community through fair and non-
discriminatory recruitment and management policies and practices
✓ Ensure that recruitment procedures and training programs are designed to recruit and retain police officials willing and
able to meet the demands of democratic policing under democratic government

Non-Discrimination in Law Enforcement

Human Rights Standards
✓ All human beings are born free and equal in dignity and rights
✓ Human rights derive from the inherent dignity of the human person
✓ Law enforcement officials shall at all times fulfil the duty imposed on them by law, by serving the community and by
protecting all persons against illegal acts
✓ Law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all
persons
✓ Law enforcement officials shall at all times fulfil the duty imposed on them by law, by serving the community and by
protecting all persons against illegal acts

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
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✓ Law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all
persons
✓ It shall not be considered unlawful discriminatory for the police to enforce certain special measures designed to address
the special status and needs of women (including pregnant women and new mothers), juveniles, the sick, the elderly,
and others requiring special treatment in accordance with international human rights standards
✓ The recruitment, hiring, assignment and promotion policies of police agencies shall be free from any form of unlawful
discrimination
✓ Protect and respect the human rights of all persons, including rights essential to political processes
✓ Maintain and preserve social order so that democratic political processes can be conducted constitutionally and legally

Command and supervisory officials

✓ Ensure that policies and strategies of the police agency are based on respect for democratic government
✓ Devise means to discover the specific needs of the local community, and respond to those needs
✓ Ensure that the composition of the police agency is representative of the entire community through fair and non-
discriminatory recruitment and management policies and practices
✓ Ensure that recruitment procedures and training programs are designed to recruit and retain police officials willing and
able to meet the demands of democratic policing under democratic government

Non-Discrimination in Law Enforcement

Human Rights Standards
✓ All human beings are born free and equal in dignity and rights
✓ Human rights derive from the inherent dignity of the human person
✓ Law enforcement officials shall at all times fulfil the duty imposed on them by law, by serving the community and by
protecting all persons against illegal acts
✓ Law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all
persons
✓ Law enforcement officials shall at all times fulfil the duty imposed on them by law, by serving the community and by
protecting all persons against illegal acts
✓ Law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all
persons
✓ It shall not be considered unlawful discriminatory for the police to enforce certain special measures designed to address
the special status and needs of women (including pregnant women and new mothers), juveniles, the sick, the elderly,
and others requiring special treatment in accordance with international human rights standards
✓ The recruitment, hiring, assignment and promotion policies of police agencies shall be free from any form of unlawful
discrimination

ETHICAL ISSUES IN DEALING WITH VICTIMS OF CRIME AND SUSPECTS

.
Lies, Deception, and Tricks

Investigators walk a line between being tenacious in their investigations and being overzealous in refusing to give up a case that
ought to be closed due to a lack of evidence. Officers must be aware not to allow their personal feelings to interrupt objective,
critical and reflective consideration of the case. Investigators should routinely ask themselves how a case would look in court
when all the facts are known by the defense counsel and the judge. Would their credibility suffer as a result? If the answer is yes,
investigators need to address this and decide whether they should continue along their investigative path, or stop.

Tricks that officers are able to use include posing as gangsters or drug dealers in undercover operations in order to obtain
covert confessions. Other tricks that officers may use are lies in interviews to bond with subjects. Lying in law enforcement
is allowed in certain circumstances but is strictly forbidden in other circumstances. These include, but are not limited to:
o Creating evidence or planting evidence
o Lying in court (testifying)
o Lying in reports, notebooks, or other administrative or investigative reports
o Lying in any administrative or civil proceedings

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
GROUP 8-10: JOLENA LINGGIAN

o Lying to fellow officers or supervisors

The scope for lying is very narrow and it should be used sparingly for serious investigations by officers who know the
boundaries and what would be accepted in court. However, the ethics around lying lead some officers to discount it as a
tactic.

Some of the reasons they cite for the unacceptability of lying include:
Lies destroy confidence in the police. Both the suspect and the community at large will not believe even truthful
information brought forward in the future by an officer who uses lying.
Lies are immoral because they are an illegitimate means to an ends. It goes against Kant’s categorical imperative that
we should never lie, regardless of the consequences of not getting a confession in what may be an important case.
The courts may disallow the evidence because the courts may determine that the evidence was obtained through tactics
not warranted under Regina v. Rothman.
The officer’s religious beliefs and scripture prohibit or strongly discourage lying for interviews and criminal
investigations.

Some officers have little issue with lying to suspects, taking a utilitarian and legalistic approach. They argue the following:
It is for the greater good because lying justifies the end result (a classic utilitarian perspective that maximizes happiness).
The positive consequence of lying to find evidence outweighs the consequence of not lying and thus not retrieving
evidence.

Other officers take a different perspective, arguing:

It is their duty to do what they can to solve a crime. However, lying does not follow Kantian logic because the act itself
is wrong. The duty is to solve crime, not to lie. Furthermore, Kant would argue that the officer is using the person as a
means to an end to get a confession.
Solving a crime means you have to play at the criminal’s moral level at times, and that as long as the evidence is
admissible, anything goes. This perspective brings officers dangerously close to crossing the ethical line, venturing into
noble-cause corruption. Officers must, in this case, be aware of the limits allowed by the court and not be tempted to
surpass these limits.

Other investigative tricks include undercover operations ranging from simple stolen property investigations to elaborate and
lengthy operations for murder and drug conspiracies. Essential in undercover operations is the need for an undercover officer to
establish credibility with the suspect or target. In doing so, the officer may have to commit, or appear to commit, a crime. This
may include stealing or damaging property, selling and handling drugs, or selling and handling restricted weapons. The actions
of undercover officers have limits, such as officers not engaging in drug use, crimes of violence, or sex-related activities.

With these, the Office of the United Nations High Commissioner for Human Rights enumerated guidelines for law enforcers in
order to protect the rights of the victim and suspect during police activities. Below are the human rights standards in every law
enforcement activity.

Police Investigations

Human Rights Standards

In investigations, the interviewing of witnesses, victims and suspects, personal searches, searches of vehicles and premises,
and the interception of correspondence and communications:

▪ Everyone has the right to security of the person

▪ Everyone has the right to a fair trial
▪ Everyone is to be presumed innocent until proven guilty in a fair trial
▪ No one shall be subjected to arbitrary interference with his or her privacy, family, home or correspondence
▪ No one shall be subjected to unlawful attacks on his or her honor or reputation
▪ No pressure, physical or mental, shall be exerted on suspects, witnesses or victims in attempting to obtain information
▪ Torture and other inhuman or degrading treatment is absolutely prohibited
▪ Victims and witnesses are to be treated with compassion and consideration

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
GROUP NUMBER: ______________
GROUP 8-10: JOLENA LINGGIAN

▪ Confidentiality and care in the handling of sensitive information are to be exercised at all times
▪ No one shall be compelled to confess or to testify against himself or herself
▪ Investigatory activities shall be conducted only lawfully and with due cause
▪ Neither arbitrary, nor unduly intrusive, investigatory activities shall be permitted
▪ Investigations shall be competent, thorough, prompt and impartial
▪ Investigations shall serve to identify victims; recover evidence; discover witnesses; discover cause, manner, location
and time of crime; and identify and apprehend perpetrators
▪ Crime scenes shall be carefully processed, and evidence carefully collected and preserved

Arrest

Human Rights Standards

▪ Everyone has the right to liberty and security of the person and to freedom of movement
▪ No one shall be subjected to arbitrary arrest or detention
▪ No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are
established by law
▪ Anyone who is arrested shall be informed, at the time of the arrest, of the reasons for his or her arrest
▪ Anyone who is arrested shall be promptly informed of any charges against him or her
▪ Anyone who is arrested shall be brought promptly before a judicial authority
▪ Anyone who is arrested has the right to appear before a judicial authority for the purpose of having the legality of his or
her arrest or detention reviewed without delay, and shall be released if the detention is found to be unlawful
▪ Anyone who is arrested has the right to trial within a reasonable time, or to release
▪ Detention pending trial shall be the exception rather than the rule
▪ All arrested or detained persons shall have access to a lawyer or other legal representative and adequate opportunity to
communicate with that representative
▪ A record of every arrest must be made and shall include: the reason for the arrest; the time of the arrest; the time the
arrested person is transferred to a place of custody; the time of appearance before a judicial authority; the identity of
involved officers; precise information on the place of custody; and details of interrogation
▪ The arrest record shall be communicated to the detainee, or to his or her legal counsel
▪ The family of the arrested person shall be notified promptly of his or her arrest and place of detention
▪ No one shall be compelled to confess or to testify against himself or herself
▪ Where necessary, an interpreter shall be provided during interrogation

Detention

Human Rights Standards

▪ Pre-trial detention shall be the exception, rather than the rule
▪ All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the
human person
▪ Everyone charged with a penal offence shall be presumed innocent until proven guilty in a fair trial
▪ No detainee shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, or to any form of
violence or threats
▪ Detained persons shall be held only in officially recognized places of detention, and their family and legal
representatives are to receive full information
▪ Juveniles are to be separated from adults; women from men; and unconvicted persons from convicted persons
▪ Decisions about the duration and legality of detention are to be made by a judicial or equivalent authority
▪ The detainee shall have the right to be informed of the reason for detention and any charges against him or her
▪ Detainees have the right to contact with the outside world, to visits from family members, and to communicate privately
and in person with a legal representative
▪ Detainees shall be kept in humane facilities, designed to preserve health, and shall be provided with adequate food,
water, shelter, clothing, medical services, exercise and items of personal hygiene
▪ The religious and moral beliefs of detainees shall be respected
▪ Every detainee shall have the right to appear before a judicial authority, and to have the legality of his or her detention
reviewed
▪ The rights and special status of women and juvenile detainees are to be respected

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 COMPLETE NAME: _______________________________________ GROUP 1-7: MIA MELODY RAMOSO
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▪ No one shall take advantage of the situation of a detained person to compel him or her to confess or to otherwise
incriminate himself or herself or another person
▪ Measures for discipline and order shall be only those set out in law and regulations, shall not exceed those necessary
for safe custody, and shall not be inhumane

Use of Force and Firearms

Human Rights Standards

Use of force
▪ Everyone has the rights to life, security of the person, and freedom from torture and cruel, inhuman or degrading
treatment and punishment
▪ Non-violent means are to be attempted first
▪ Force is to be used only when strictly necessary
▪ Force is to be used only for lawful law enforcement purposes
▪ No exceptions or excuses shall be allowed for unlawful use of force
▪ Use of force shall always be proportional to lawful objectives
▪ Restraint is to be exercised in the use of force
▪ Damage and injury are to be minimized
▪ A range of means for differentiated use of force is to be made available
▪ All officers are to be trained in the use of the various means for differentiated use of force
▪ All officers are to be trained in the use of non-violent means

Accountability for the use of force and firearms

▪ All incidents of the use of force or firearms shall be reported to and reviewed by superior officials
▪ Superior officials shall be held responsible for the actions of police under their command if the superior official knew
or should have known of abuses but failed to take concrete action
▪ Officials who refuse unlawful superior orders shall be given immunity
▪ Officials who commit abuses of these rules shall not be excused on the grounds that they were following superior orders

Permissible circumstances for the use of firearms

▪ Firearms are to be used only in extreme circumstances
▪ Firearms are to be used only in self-defense or defense of others against imminent threat of death or serious injury; or
▪ To prevent a particularly serious crime that involves a grave threat to life; or
▪ To arrest or prevent the escape of a person posing such a threat and who is resisting efforts to stop the threat; and
▪ In every case, only when less extreme measures are insufficient

Intentionally lethal use of force and firearms shall be permitted only when strictly unavoidable in order to protect human
life

Procedures for the use of firearms

▪ The officer is to identify himself or herself as a police official; and
▪ The officer is to give a clear warning; and
▪ The officer is to allow adequate time for the warning to be obeyed; but
▪ This shall not be required if the delay would result in death or serious injury to the officer or others; or
▪ if it is clearly pointless or inappropriate in the circumstances to do so

After the use of firearms

▪ Medical aid is to be rendered to all injured persons
▪ The relatives or friends of those affected are to be notified
References:
▪ Investigations are to be allowed where requested or required 1. Guevara, Ricardo – Ethics and Values for Law
▪ A full and detailed report of the incident is to be provided Enforcers
2. Florendo, Adelene – Police Ethics and Police
Community Relations
http://www.bbc.co.uk/ethics/introduction/intro_1.shtml

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