Ethics: Misconduct Typologies & Ethical Challenges in the Justice System

Dr. Frank Kardasz, July 17, 2024 

Editor: Ava Gozo. 

"It is human nature to think wisely and act foolishly."
— Anatole France

"Public confidence in the integrity of the Government is indispensable to faith in democracy; and when we lose faith in the system, we have lost faith in everything we fight and spend for."
— Adlai E. Stevenson Jr.

"Mine honour is my life; both grow in one; Take honour from me, and my life is done."
— William Shakespeare, from King Richard II

Typologies of Misconduct

Martin Benjamin's Typologies

In "Splitting the Difference: Compromise and Integrity in Ethics and Politics" (1990), Martin Benjamin identifies several personality types that compromise their ethics:

• Chameleon: Anxious to accommodate and avoid moral controversy, quick to modify or abandon previous principles under social pressure.
• Opportunist: Values are always changing, primarily driven by self-interest with the motto, "Above all - get ahead."
• Hypocrite: Lacks integrity, maintaining one set of values in public and another in private.
• Weak-Willed: Has a coherent set of values but lacks the courage to act on them.
• Self-Deceiver: Contradicts core principles, deceiving themselves into thinking their actions are correct.

Gilmartin and Harris's Typologies

In their 1998 work, Gilmartin and Harris describe problematic personality types specific to law enforcement officers:

• Cynicism: Distrustful of human nature and motives.
• Over-Investment: Spends all the time thinking about the job, neglecting family, hobbies, and leisure activities.
• Entitlement: Rationalizes misconduct as something owed based on perceived personal sacrifice, failing to adhere to higher standards.

Whisenand and Ferguson's Factors

In "The Managing of Police Organizations" (1996), Whisenand and Ferguson suggest four factors that defeat ethical instincts:

• Self-interest
• Self-protection
• Self-deception
• Self-righteousness

Ken Adcox's Perspective

In "Doing Bad Things for Good Reasons" (2000), Ken Adcox describes an "ends over means" attitude where officers justify unethical behavior by viewing deviant conduct as acceptable in the name of justice. This behavior can become habitual and normalized.

Mary E. Hamilton's Insights

In her 1924 book, "The Policewoman, Her Service and Ideals," Mary E. Hamilton discusses the systemic attitude of ignoring misconduct and working independently from wrongdoers. She emphasizes that a woman must blaze her own trail and not adhere to customs that revolt against her ideals.

Frank Serpico's Testimony

In 1971, New York City police detective Frank Serpico testified about police corruption before the Knapp Commission, highlighting the need for an atmosphere where honest officers can act without fear of reprisal. He emphasized that corruption must be addressed at all levels within the department.

V.A. Leonard's Analysis

In "Fundamentals of Law Enforcement: Problems and Issues" (1980), V.A. Leonard discusses the loyalty and cohesiveness among officers that can lead to misconduct. He describes the reluctance to report fellow officers' misbehavior due to loyalty and the psychological consequences of police culture, including frustration, willingness to use force, delinquency, and alcoholism.

References

Benjamin, M. (1990). Splitting the Difference: Compromise and Integrity in Ethics and Politics. Lawrence, KS: University Press of Kansas. 
 

Gilmartin, K. M., & Harris, J. (1998, January). Law Enforcement Ethics...The Continuum of Compromise.The Police Chief. Retrieved May 6, 2003.
 

Whisenand, P. M., & Ferguson, R. F. (1996). The Managing of Police Organizations (4th ed.). Upper Saddle, New Jersey: Prentice Hall.
 

Adcox, K. (2000, January). Doing bad things for good reasons. The Police Chief, 16-28. Hamilton, M. E. (1924). The Policewoman, Her Service and Ideals. New York: Frederick A. Stone Co.
 

Serpico, F. (1971). Testimony before the Knapp Commission on Police Corruption. New York. Retrieved May 17, 2003.
 

Leonard, V.A. (1980). Fundamentals of Law Enforcement: Problems and Issues. West Publishing Co. St. Paul, MN.