Q.1
Immanuel Kant (1724–1804), a German philosopher, is known for his moral philosophical theories that define human behavior, moral standards or requirements and consequences of such behavior. Central to his deontological moral theories is the aspect of human reason which he argues is the source of morality and which should guide human conduct and experience. Referred as the Kantian ethics, these theories may be relevant in modern policing practices.
Kant’s Moral and Ethical Theories
Immanuel Kant developed the deontological moral theory through which he argued that the decision as to what is right or wrong, that is ethical, with reference to human actions, conduct and behavior will be determined by whether or not such behavior or conduct help us in fulfilling our moral duties and not necessarily on their consequences. According to Agil (2011), Kant in his ethical theories believed that it is the human reason and understanding that form the source of our belief in the law, freedom, immortality and God. He also believed that motive is the single most important factor that determines ethical conduct and behavior. To him, our actions are considered or deemed moral and ethical when they are done out of a sense of duty. Central to Kant’s ethical theory is the aspect or notion of duty and the idea of good will. However, as Agil’s (2011) critique of Kant’s pure reason and ethics as expounded by Kant, the universality test for ethics and binding duty may not be easy to realize in modern practice and human conduct such as regulation of police conduct. Moreover, the Kantian ethical principle of conformity with morality and law means that one ignores other factors or institutions that affect law and morality. Further, having been influenced mainly by his deep Christian roots, Kantian ethical theories may not universally apply in all aspects of our lives or the criminal justice systems.
Further to this, Mahon (2006) has discussed Kant’s moral theory relating to the duty not to lies to others. This author argues that the practical philosophical theory of Kant consisting of ethics and philosophy of right contains a notion that human beings are under both moral and ethical duty to be truthful, honest and trustworthy, values that help build human relationships and trust. This duty-based ethics by Kant is relevant in the modern police practice where police actions and behavior should be looked at from a perspective of fulfilment of their duties as law enforcement officers.
Therefore, Immanuel Kant’s ethical and moral theories may apply to modern policing practices by being used as philosophies that underpin police action and conduct including regulation of the use of force, corruption and unprofessional conduct while on duty.
Q.2
The criminal justice system made up of cops, corrections, courts among other stakeholders is establishing and maintaining ethical standards in efforts to address unethical behaviors in a variety of ways. Firstly, police departments in various states have established codes of conduct on professionalism and ethics that set the required standards of behavior and conduct by law enforcement officers in their jurisdictions (Kleinig, 2008, p. 49). These professional association codes of conduct for law enforcement officers ensure that ethical and moral standards of accountability for misconduct are maintained and that such qualities or values of integrity or honesty are upheld. Moreover, according to Karimu (2012), the establishment of leadership standards within the criminal justice system helps ensure that ethical practices or behavior are maintained or upheld at all times by the various players within the criminal justice system. This author argues that by adopting leadership practices that encourage and motivate members of criminal justice organizations to perform their functions or duties ethically has helped keep unethical practices in check. By the top criminal justice organizational leadership adopting ethical standards of behavior and conduct in their daily activities, it is possible to establish a culture of ethics and morality within the system.
Additionally, in response to the ethical and professional issues, the criminal justice stakeholders have adopted training and education programs for their members that seek to inculcate a sense of ethics in their conduct and the importance of conducting their duties ethically Allen, Mhlanga & Khan, 2006). Ethics training or inductions on ethical standards and conduct have been helpful in stemming unethical behavior by cops, for example, within the criminal justice system. Courts are also establishing ethical standards of behavior for prosecutors, defense attorneys and other users of courts including judges in order to promote integrity and image of the criminal justice system. To maintain such standards of ethical behavior, regular evaluations and studies are conducted to identify progress and recommend the need for further action. Ethical decision making by the criminal justice administration and management is also another way through which the criminal justice system established and maintains ethical standards. Courts and police departments, for instance, have come up with ethical committees that investigate public complaints against their members and take necessary disciplinary actions to ensure ethical behavior (Kleinig, 2008).
References
Agil, S. O. (2011). Kantian ethics: A critique. Universiti Tun Abdul RAZAKE E-Journal, 7(2), 33-43.
Allen, J. M., Mhlanga, B., & Khan, E. W. (2006, July). Education, training and ethical dilemmas: Responses of criminal justice practitioners regarding professional and ethical issues. Professional Issues in Criminal Justice, 1(1), 3-24.
Karimu, O. (2012). Understanding leadership standards and ethical practices in riminal justice. Asian Journal of Social Sciences & Humanities, 1(3), 23-30.
Kleinig, J. (2008). Ethics and criminal justice: An introduction. Cambridge: Cambridge University Press.
Mahon, J. E. (2006). Kant and the perfect duty to others. British Journal for the History of Philosophy, 14(4), 653-685.
