Crim 3
Crim 3
LOUIE U. CALLORA
INTRODUCTION OF ETHICS
THE PILLARS OF ETHICS
Possessing ethics and establishing ethical standards, basically means doing
the right thing at the right time in the right way. Citizens expect law
enforcement personnel to have a set of values and norms by which they
live.
1. Trustworthiness - integrity, honesty, promise keeping, loyalty
2. Respect - courtesy, autonomy, diversity, Golden Rule
3. Responsibility - duty, accountability, pursuit of excellence
4. Justice/fairness - openness, consistency, impartiality
5. Caring - kindness, compassion, empathy
6. Civic virtues/citizenship - lawfulness, common good, environment
IMPORTANCE OF ETHICS
ETHICS AND LAW
• Legal history confirms that customary ethics, rather than laws, have been the prime source of social
conformity for instance:
• 1.The Code of Hammurabi (1726-1686 BC) did not in essence introduce new rules but merely
reaffirmed prevailing customs
• 2.Plato in his Republic put little emphasis on laws per se and more on the development of a
polis- a perfect city- where laws would be unnecessary. Leaders of the polis were expected to be “men
of gold,” endowed with collective rationality and wisdom.
• 3.The Common Law that emerged under the Norman rule essentially to control “ruffians” (gangters)
• 4.The practice of chivalry, common among the English noble men at the time, needed no legal support,
because it was “law unto itself”
• 5.The high level of social order among traditional Islamic societies in which relatively very few positive
laws exist
It is necessary to clarify the relationship between the areas of ethics and law
The purpose of ethics is not to undermine the law or to replace it, but to
complement it by deferring to the spirit of the law and to rules of equity.
ETHICS LAW
Study of human motivation Concerned with what we do, not what we feel
Study of external actions. It explores thoughts and Concerned with the externality of the act.
feelings.
Requires that man desires that of which is good and act Requires that we perform the required action regardless of our
in accordance with that desire feelings towards such action.
Addresses all human activities Applies to behaviours that lawmakers choose to regulate
Seeks to change people from the inside outward Attempt to change people from outside inward
Ethical principles are constant, universal and everlasting Laws are frequently changing
Solidly based on the reasoning process essential to “Logical instrument” of social control that, for the most part,
appropriate discretion are not necessarily products or wisdom
Prescriptive in nature Basically reactive instrument
Dependent upon knowledge, rationality and goodwill Dependent for their effectiveness upon legal procedures and
complex rules of evidence
Morality therefore, has a wider implication than law, because law can
either be moral or immoral.
Ethics is a personal commitment to uphold what is true and good. Ethics
aims to develop “right disposition and inner spirit” for accepting what is
lawful.
Morality is the quality of human acts by which they are constituted as good,
bad, or, indifferent.
KIND OF HUMAN ACTS
STANDARDS OF POLICE BEHAVIOR
• A. Ethical Standards – it is reflected in the code of conduct and ethical standards for police officers,
police creed, vision and mission, and international laws.
• B. Organizational Standards – derived from the following:
(1.)Goal – a general statement of purpose that is useful in identifying and mission of the police,
(2.) Objectives – it is a more specific and measurable statement of purpose that is related to goals,
(3.) Policy – is a general statement that gives guidance to police officers about the proper course of action,
(4.) Procedure – identifies a method of series of steps to be taken when performing a task or attempting
to solve a problem,
(5.) Rule/Regulation – is a specific statement that identifies required or prohibited behavior by officers.
• C. Political Standards – come from the expectations of the community concerning what is and is not
appropriate police behavior.
• D. Legal Standards – are derived primarily from substantive and procedural criminal laws.
MORAL VALUES OF THE POLICE
Values are what guide an agency and its employees. Law enforcement agencies will have differing values depending on
their function that they observed:
THE WORK VALUES
• Work values determine what is important for employees in their work and what they want to
achieve in their work (Warr, 2008).Thus, the following values are:
CHARACTERISTIC
S OF A POLICE
OFFICER’S JOB:
Illustrating
common traits
provides insight
into how and why
officers act the way
they do and
highlights what
they are doing well
like:
However, police officer as human being can also identified and be assesses their
image based from strengths and weaknesses.
The strengths observed among the Police members are:
ON THE OTHER HAND, THE WEAKNESSES AMONG THE
POLICE ARE:
the inherent ability and privilege of a police
Police Discretion officer to test and use the limits of his power in
making a choice among possible courses of action
or inaction (i.e. to arrest or not to arrest).
POLICE MISCONDUCT
1 . Malfeasance or Misconduct – is any wrongful, improper or unlawful conduct motivated by
premeditated, obstinate or intentional purpose. It usually refers to transgression of some established
and definite rule of action, where no discretion is left except where necessity may demand; it does not
necessarily imply corruption or criminal intention.
2. Misfeasance or Irregularities in the Performance of Duty – is the improper performance of
some act which might lawfully be done.
3. Nonfeasance or Neglect of Duty – is the omission or refusal, without sufficient excuse, to perform
an act or duty, which it was the peace officer’s legal obligation to perform; implies a duty as well as its
breach and the fact can never be found in the absence of duty.
4. Dishonesty – It is the concealment or distortion of truth in a matter of fact relevant of one’s office
or connected with the performance of his duties.
5. Disloyalty to the Government – Consist of abandonment or renunciation of one’s loyalty to the
Government of the Philippines or advocating the overthrow of the government.
6. Violation of law – It presupposes conviction in court of any crime of offense penalized under the Revised Penal Law
or any special law or ordinances.
7. Police Brutality - It refers to unnecessary and unreasonable use of force in effecting arrest or abuse in the manner of
conducting search and seizure, and other police operations.
8. Police Lying – a deceptive practices are in fact part of working environment. The categories of Police Lying:
Accepted Lying – considered as part of police working environment especially in surveillance and intelligence
driven operations.
Tolerated Lying – recognized as lies but tolerated as necessary to explain inadequacy or inefficiency of the police
organization.
Deviant Lying – it involves lies that violate substantive or procedural laws and police officers standards or
protocols.
9. Use of Drugs – they are susceptible to induced to taste drugs and eventually hook in using such. These are commonly
committed by police officers who are assigned to Anti-Illegal Drugs.
10. Corruption – Goldstein (1977) defined corruption as “misuse of authority (malfeasance) for personal gain”.
Mcmullan (1961) also defines corruption as “accepting money worth for doing something under a duty not to do or to do
anyway” (misfeasance and nonfeasance). Further, Lundman (1890) defines corruption”as violations of conduct norms that
are rarely enforced”. It has the advantage of focusing on “conduct” or “actual behavior”.
MOST COMMON TYPES OF CORRUPTION:
1. Case Fixing – the subjective imposition of penalties or downright sabotage of the investigation process in exchange
for money or other things for personal gain.
2. Bribery – it is the receipt of cash or a gift in exchange for past or future assistance in avoidance of prosecution, as by a
claim that the officer is unable to make a positive identification of a criminal or by being in the wrong place at a time
when a crime is to occur, or by any other action that may be excused as carelessness but not offered as proof of deliberate
miscarriage of justice. It is distinguished from extortion by the mutual understanding in regard to services to be
performed upon the acceptance of the gift.
3. Extortion or Shakedowns – the common practice of holding "street court," where incidents such as minor traffic
tickets can be avoided with a cash payment to the officer and no receipt given. Using this process, police have also been
known to extort money from nightclub owners and other businesses by threatening to enforce city health and zoning
codes.
4. Protection – the taking of money or other rewards from vice operators or from legitimate companies operating
illegally in return for protecting them from law enforcement activity.
5. Recycling – the use or sale of confiscated items and evidence, usually drugs or narcotics.
6. Selective Enforcement – it occurs when police officers exploit their officer discretion. For example, a PNP
member who releases a suspect due to what is commonly known as “areglo” or “balato” is in clear abuse of his or her
discretion and authority. On the reverse side, a police officer who arrests a person simply because the latter “annoys”
him is likewise guilty of selective enforcement.
7. Internal Pay-offs – sale of work assignments, day-offs, holidays, vacation periods, and even promotions.
8. Corruption of Authority – this type of corruption is tolerable, but because policeman must act beyond reproach
and with impartiality, it is expected that policeman must be free from possible from temptation to evil and this includes
receiving free meals, services, discounts, gratuities and the like.
9. Kickbacks – this type of police corruption occurs when the police officer receives any consideration such as money
and other valuable materials in return to a police services which a police officer should be performed.
10. Opportunistic Theft – it is the taking advantage of the situation in the conduct of police operations by profiting
or taking properties with intent to gain and not reporting to authorities.
11. Fixes – it involves an activity in which a police officer acts as a mediator in a certain case and offer to the other
party to settle the case for a particular amount and the police officer receives a certain amount of the payment made by
the other party.
12. Direct Criminal Activity – this is the worst behavior of a police by involvement of police officer in a criminal
activity and profiting on it.
CATEGORIES OF CORRUPT POLICE OFFICERS/UNITS:
1. White Knights – these are straightforward fellow, honest to a fault, and often take an extreme position on ethical issues.
They are realistic and often render strict decisions in accordance with the law. Thus, they are considered a loner and
deviant to the eyes of the colleagues who are corrupt and killjoy to the others.
2. Straight Shooters – these are honest policemen who are ready to hide the corrupt practices for their comrades as part
of camaraderie. They observe principle of “omerta” or hiding the secret of fellow policemen.
3. Grass Eaters/Vegetarian Cops – these are policeman who just keep on waiting for the opportunities. They are engage
in relatively minor type of corruption opportunities as they present themselves.
4. Meat Eaters/Carnivorous Cops – they are worst because they come out of the headquarters to look for the
opportunities. They actively seek out corruption opportunities and engage in both minor and major patterns of
corruption.
5. Rogues – are policemen who are considered having all the deviant behaviors of a corrupt policeman. They involve in
dirty works and dirty money and are considered bad to the bone.
POLICE OFFICER’S CREED, BASIC ISSUES, &
PROFESSIONAL CONDUCT & ETHICAL STANDARD
POLICE PROFESSIONAL CONDUCT
ALL PNP MEMBERS SHALL OBSERVE THE FOLLOWING
PROFESSIONAL CONDUCT:
THE PNP ETHICAL STANDARDS
The ethical standards shall refer to established and generally accepted moral
values. That the ethical acts to be observed by the PNP members are the
following:
R.A. 6317 (CODE OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES)
a. Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal
interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and
economically, particularly to avoid wastage in public funds and revenues.
b. Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence,
professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to
discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.
c. Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and
sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others,
and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They
shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous
with theirs.
d. Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party
affiliation or preference.
e. Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless
otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and
procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate,
encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the
socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
f. Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote
the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to
maintain and defend Philippine sovereignty against foreign intrusion.
g. Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain
the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to persons or party.
h. Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They
shall not indulge in extravagant or ostentatious display of wealth in any form.
B. Duties of Public officials and Employees (Sec. 5)
In the performance of their duties, all public officials and employees are under obligation to:
1. Act promptly on letters and requests. All public officials and employees shall, within fifteen (15)
working days from receipt thereof, respond to letters telegrams, or other means of communications sent
by the public. The reply must contain the action taken on the request.
2. Submit annual performance reports. All heads or other responsible officers of offices and
agencies of the government and of government-owned or controlled corporations shall, within forty-five
(45) working days from the end of the year, render a performance report of the agency or office or
corporation concerned. Such report shall be open and available to the public within regular office hours.
3. Process documents and papers expeditiously. All official papers and documents must be
processed and completed within a reasonable time from the preparation thereof and must contain, as far
as practicable, not more than three (3) signatories therein. In the absence of duly authorized signatories,
the official next-in-rank or officer-in-charge shall sign for and in their behalf.
4. Act immediately on the public's personal transactions. All public officials and employees must
attend to anyone who wants to avail himself of the services of their offices and must, at all times, act
promptly and expeditiously.
5. Make documents accessible to the public. All public documents must be made accessible to, and
readily available for inspection by, the public within reasonable working hours.
C. Prohibited acts and Transactions (Sec.7)
The following shall constitute prohibited acts and transactions of any public official and
employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials and employees shall not, directly and indirectly, have any financial
or material interest in any transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not: (1) Own, control, manage or accept employment as officer, employee,
consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by
their office unless expressly allowed by law; (2) Engage in the private practice of their profession unless authorized by
the Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions;
or (3) Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office. These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection with any matter before the office he used to be with, in
which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public official’s and Employees shall not use or divulge,
confidential or classified information officially known to them by reason of their office and not made available to the
public, either: (1) To further their private interests, or give undue advantage to anyone; or (2) To prejudice the public
interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or indirectly,
any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their
official duties or in connection with any operation being regulated by, or any transaction which may be affected by the
functions of their office.
PNP CUSTOMS & TRADITION