Blue Code of Conduct and the Use of Force
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Blue Code of Conduct and the Use of Force
Introduction
Ethical conduct is central to effective policing. The Law Enforcement Code of Ethics serves as a compass for the ethical treatment that officers of the law should bestow upon others. All police officers are given proper training and education regarding the Law Enforcement Code of Ethics, and additionally, swears to uphold this sacred code among all others. However, the emergences of police sub-cultures have caused police officers to undermine this code of ethics.
- The Blue Code of Silence in Policing
The Blue Code of Silence, for example, is an unwritten code of “brotherhood” among most police officers which regards reporting acts of crimes, errors, or misconduct of fellow officers as an act of betrayal (Skolnick, 2005). Refusing to report acts of misconduct by fellow officers, denying knowledge of misconduct, and providing false testimony to benefit another officer all serve as examples of the Blue Code of Silence in policing practices today (Skolnick, 2005).
As assumed, this unwritten code of silence bears great influence on law enforcement officials within the criminal justice system. Providing information to other officers or supervisors regarding a fellow officer is recognized as taboo amongst police officers living by the Blue Code (Skolnick, 2005). Furthermore, when an officer openly criticizes another officer
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in front of others, this is considered a breach of the Blue Code of Silence as well (Velasquez, Andre, Shanks, and Meyer, 2010). Some, primarily policing officials, argue that the Blue Code does not exist in the manner in which it is often portrayed by the media, in films, and in texts (Schafer, 2002). Nonetheless, research suggests that the majority of American citizens believe the Blue Code of Silence does exist within policing agencies, and that these actions are responsible for the growing mistrust between the police and the public (Skolnick, 2005).
This type of unethical behavior by law enforcement officials continues to become more prevalent and visible at all levels of government (Cartwright, 2010). Stricter efforts to enforce the Law Enforcement Code of Ethics are needed within policing agencies. Rather than embedding officer loyalty, police officers should be loyal to the citizens they serve. Additionally, harsher punishment should be inflicted on officers who practice the Blue Code of Conduct instead of the Law Enforcement Code of Ethics.
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B) Use of Excessive Force by Taser in Policing
As previously discussed, subcultures in policing undermine the Law Enforcement Code of Ethics, creating an ever-growing problem within the Criminal Justice System. Excessive use of force in policing is also considered a violation within ethical policing practices. Law enforcement officials make decisions daily regarding the use-of-force they must implement to ensure personal, citizen, and departmental safety. There has been a vast increase of incidences where officers of the law purposely violate the Law Enforcement Code of Ethics by misusing Tasers excessively and without adequate reason (Halloran & Sage, 2008; McCray & Andersson, 2012; Schwartz, 2009; Stanley & Pittman, 2012).
This issue is such an important one because all law enforcement agencies in the United States now utilize Tasers as a means of non-lethal force against incompliant and dangerous subjects (Halloran & Sage, 2008; McCray & Andersson, 2012; Schwartz, 2009; Stanley & Pittman, 2012). The misuse of this type of force goes hand-in-hand with other ethical violations, such as practicing the Blue Code of Conduct. There have been numerous incidents where the use of the Taser was lethal, yet law enforcement officers continue to unethically employ Tasers on individuals without just cause. In cases where Tasers have caused death, there has been evidence suggesting that police officers cover-up for one another by dishonestly explaining the necessity to employ a Taser on a subject, rather than pursue them on foot, for example. Officers have also been found guilty of lying and falsifying reports in order to justify Taser use.
Basic principles have been identified within law enforcement regarding the use of force by law enforcement officials. Many agencies and organizations have addresses these principles in order to prevent crime and address and the treatment of offenders by those employed within law enforcement. These basic principles address general and specific provisions, policing unlawful assemblies and persons in custody or detention, reporting and reviewing procedures, as well as qualifications, training, and counseling officers need to use force and firearms in the most appropriate and humane manner (United Nations Congress on the Prevention of Crime and the Treatment of Offenders [UN], 1990).
The main point that stood out to me reads as follows: “Whereas a threat to the life and safety of law enforcement officials must be seen as a threat to the stability of society as a whole” (UN, 1990, par. 2). To me, this lays the pathways of behaviors that are seen as acceptable for law enforcement regarding use of force. However, because these basic principles are written in black and white, individuals within society often question officers and agencies when they feel officers are guilty of using excessive force. Article 3 of the Code of Conduct for Law Enforcement Officials iterates that if an officer must use force for the performance of their duty then this use of force is justified (UN, 1990). Members of society exchange their State of Nature for security and safety as provided by law enforcement officials. After reading, studying, and reviewing the Basic Principles on the Use of Force by Law Enforcement Officials as ratified by the United Nations, it becomes more obvious that the modern-day use of Tasers against criminals is often viewed by many in society as police brutality, and above all, evidence of poor ethical standards (Schafer, 2002). This raises debate as to whether or not the use of Tasers in certain situations truly complies with these previously established Basic Principles of Force, and most importantly, the Law Enforcement Code of Conduct.
Conclusion
As previously mentioned, ethics is central to effective policing practices. Law enforcement officers play a huge role within the Criminal Justice system, and their unethical behavior is directly related to overall effectiveness. Subcultures and violations of ethical codes undermine the faith and competency that citizens have on the criminal justice system. Harsher punishment is needed for individual officers who violate the Law Enforcement Code of Conduct. Additionally, holding police officers to higher ethical standards should be paramount when reviewing and assessing officer performance. While the “brotherhood” in policing may remain strong, the push towards ethical behavior must be stronger.
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References
Cartwright, G. (2010). Maintaining ethical behavior. FBI Law Enforcement Bulletin, 79;8.
Retrieved from: http://web.ebscohost.com.dml.regis.edu/ehost/pdfviewer/pdfviewer?sid=b97004bb-7abe-481f-8c2e-1bee3f6ca830%40sessionmgr111&vid=5&hid=108.
Halloran & Sage. (2008). Taser liability: Active v. passive resistance. FBI-LEEDA Insighter, 3.
Retrieved from: http://www.halloran-sage.com/Knowledge/articleDetail.aspx?storyid=4296.
McCray, R., & Anderssen, E. (2012). Tasers no longer a non-lethal alternative for law
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Schafer, J. R. (2002). Making ethical decisions: A practical model. FBI Law Enforcement
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Schwartz, J. (2009). Federal court limits the use of Tasers. New York Times. Retrieved from:
http://www.nytimes.com/2010/01/01/us/01taser.html?_r=0.
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Sholnick, J. (2005). Corruption and the Blue Code of Silence. In H.J. Albrecht, D.K. Das, and R.
Sarre, Policing corruption: International perspectives. Retrieved from: http://books.google.com/books?hl=en&lr=&id=JnfjSotiQ8IC&oi=fnd&pg=PA301&dq=Corruption+and+the+blue+code+of+silence&ots=rXegTzuHXs&sig=qlHgzfn3lb1lHx-mw_PvgIbic2E#v=onepage&q=Corruption%20and%20the%20blue%20code%20of%20silence&f=false.
Stanley, K., & Pittman, C. (2012). Experts say trooper’s use of Taser on woman raises questions.
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Basic principles on the use of force and firearms by law enforcement officials. Retrieved from: http://www2.ohchr.org/english/law/pdf/firearms.pdf.
Velasquez, M., Andre, C., Shanks, T., & Meyer, M. J. (2010). What is ethics? Santa Clara
