Rookie police officer in a department that embraces both community policing and zero tolerance.

 

You are a rookie police officer in a department that embraces both community policing and zero tolerance. You and a senior officer who is training you, Sam Salacious, are riding your beat one day when you see a young couple, Sylvia Symmetry and Lance Lascivious, standing next to the wall of a vacant building that appears to have been freshly spray-painted with graffiti.

You and Salacious know Lascivious as a trouble-maker, and — because he is young, African-American, unemployed but drives a nice car and wears flashy clothes and lives in a bad neighborhood — you suspect him of drug activity. Symmetry is the daughter of a Caucasian owner of a neighborhood convenience store who gives cops free coffee and trades gossip and tips about bad guys in the neighborhood who are responsible for vandalism and other minor crimes. Her father is also a political committee member, and Salacious is interested in running for local Sheriff. You know Symmetry’s father is not happy about her relationship with Lascivious.

Lascivious is the product of a broken home. His father is rumored to be in state prison. His mother is on public assistance. Symmetry graduated from high school, but Lascivious is believed to have dropped out.

“Let’s have a talk with these two,” Salacious tells you. He orders them up against he wall and pats them down. Nothing is discovered, but Salacious asks Lascivious for his license and registration. Lascivious objects since he wasn’t driving at the time of the stop, and he begins shouting about police brutality and a violation of his rights. Salacious orders you to arrest Lascivious while the senior officer checks the computer for his criminal background and/or outstanding warrants. You grab Lascivious, push him up against the wall and handcuff him. Lascivious struggles to get free, and Salacious stuns him with a Taser. The car is searched, and drugs found under the seat.

Lascivious is charged with vandalism, resisting arrest and possession of narcotics. Symmetry is released. Salacious tells you to write the report and falsely state that the officers saw Lascivious painting the wall and throw something into the car as they approached and that they searched the car in order to find a paint can, drugs or a weapon. You should also state that he resisted arrest and had to be forcibly subdued. Personally, you don’t like the dishonesty, but, after all, the result was that someone with illegal narcotics was arrested.

Instructions
How would you characterize the ethical behavior of each of the police officers? How would Kant, Mills and Rawls characterize the ethical behavior of the police officers?

Does the principle of neutral competence justify you following the orders of your senior officer? Were your actions in the public interest? What constitutional principles could be said to govern proper behavior in this scenario?
Your paper should be approximately 2,400 words and free of distracting errors in spelling, punctuation or syntax. You should rely primarily on material in the reading assigned. Papers that rely only upon internet sources will not receive credit; the purpose of the assignment is to show that you have read and understood the material assigned.

 

Sample Solution

Ethical Behavior of the Police Officers

Officer Salacious:

  • Unethical behavior:
    • He stopped Lascivious without reasonable suspicion.
    • He ordered Lascivious to put his hands against the wall and patted him down without probable cause.
    • He asked Lascivious for his license and registration even though Lascivious wasn’t driving at the time of the stop.
    • He ordered you to arrest Lascivious without probable cause.
    • He used a Taser on Lascivious even though Lascivious was not posing a threat to the officers.
    • He told you to falsely state in the police report that the officers saw Lascivious painting the wall and throw something into the car as they approached, and that they searched the car in order to find a paint can, drugs or a weapon. He also told you to state that Lascivious resisted arrest and had to be forcibly subdued.

You:

  • Unethical behavior:
    • You followed Officer Salacious’s orders, even though you knew that they were unethical.
    • You arrested Lascivious without probable cause.
    • You wrote a false police report.

Kant

Kant would say that the ethical behavior of the police officers in this scenario is wrong. Kant’s theory of ethics is based on the categorical imperative, which is a universal moral principle that states that we should act only in ways that we could will to be universal laws.

In this case, the police officers’ behavior is not something that we could will to be universal laws. For example, if everyone were allowed to stop and search people without reasonable suspicion, then this would create a society in which people would constantly be at risk of being harassed and abused by the police.

Similarly, if everyone were allowed to lie in police reports, then this would create a society in which the public could no longer trust the police.

Mills

Mills would say that the ethical behavior of the police officers in this scenario is wrong. Mills’s theory of ethics is based on the principle of utility, which states that we should act in ways that produce the greatest happiness for the greatest number of people.

In this case, the police officers’ behavior is not likely to produce the greatest happiness for the greatest number of people. For example, arresting Lascivious without probable cause is likely to make him and his family unhappy. Additionally, writing a false police report is likely to damage the public’s trust in the police.

Rawls

Rawls would say that the ethical behavior of the police officers in this scenario is wrong. Rawls’s theory of ethics is based on the principle of justice, which states that we should treat all people with fairness and respect.

In this case, the police officers did not treat Lascivious with fairness and respect. For example, they stopped him without reasonable suspicion, they searched him without probable cause, and they arrested him without probable cause. Additionally, they used a Taser on him even though he was not posing a threat to the officers.

Neutral Competence

The principle of neutral competence states that police officers should enforce the law fairly and impartially, regardless of their personal feelings or beliefs about the people they are dealing with.

In this case, you did not follow the principle of neutral competence. You followed Officer Salacious’s orders, even though you knew that they were unethical. Additionally, you arrested Lascivious without probable cause and you wrote a false police report.

Public Interest

Your actions were not in the public interest. Your actions were motivated by a desire to please your senior officer and to avoid getting into trouble. Additionally, your actions damaged the public’s trust in the police.

Constitutional Principles

The following constitutional principles could be said to govern proper behavior in this scenario:

  • Fourth Amendment: The Fourth Amendment protects people from unreasonable searches and seizures. In this case, the police officers’ search of Lascivious and his car was unreasonable because they did not have probable cause.
  • Fifth Amendment: The Fifth Amendment protects people from being forced to incriminate themselves. In this case, you were forced to write a false police report, which is a form of self-incrimination.

Conclusion

The ethical behavior of the police officers in this scenario is wrong. Their actions violated the principles of neutral competence, the public interest, and the Fourth and Fifth Amendments to the Constitution.

You should not have followed Officer Salacious’s orders. You should have stood up for what you believe in and refused to arrest Lascivious without probable cause and to write a false police report.

 

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