Presentation on theme: "The Ethics of Future Policing in Europe Prof"— Presentation transcript:
1 The Ethics of Future Policing in Europe Prof The Ethics of Future Policing in Europe Prof. Dr Monica den Boer Police Academy / VU University
2 What About “Police Ethics”? Ethics refers to what constitutes good and bad and can guide human conduct.Ethics are the systematic reflection on values and norms.Ethics are inherently normative, hence avoidance of patriarchal debates, but room for reciprocity and critical reflection.Most police ethics research is US based and not based on field research, i.e. ethno-methodological or discursive appreciations of police work.Hence, not much is known about the new generation of (European) police professionals.
4 Ethics Police culture Police Styles Law Plural Policing Political SocialEconomicContextTechnologyCriminalityTerrorismUnrestInternationalRegional
5 European Ethics Instruments European Code of Police Ethics (Council of Europe)Rulings by the European Court of Human RightsNo Code of Police Ethics in the EU (!)Ethics tends to be “implied” in human rights, fundamental rights and data protectionImplementation = pivotal:The problem with codes of ethics is that they are often experienced as elitist, paternalistic, ill-suited to daily practice, too vague, inconsequential, and implemented from top to bottom.Fundamental concern is why police officers (as public agents) should behave better than other civil servants.
6 Global Challenges for Security Ethics Evolution of policing:More room for privatization“Extended Policing Families” -> Networked PolicingBlurring Perspectives Police / MilitaryRemote Control of Citizens (Electronic surveillance) -> CybercopSecurity climate has hardened worldwideTerrorism and other asymmetric security conflictsNew security threats: coping mechanisms not always clearDifferences in ethical climates:National models of policing differ (political context, human rights)Styles of policing differ and may overlapOversight mechanisms and accountability systems differ
7 Implications for Security Ethics On the basis of governance shifts, one would predict security professionals to:Experience value dilemmas as the policies become tougher (gap between official policy and individual professional reflection)See more distance between the policy-maker and the policy-executor, i.e. higher individual discretion at the work floor (ethical leeway)Become “less ethical” due to the fact that their organizations embrace become primarily efficiency-drivenWork with technology that undermines professional moral reflection (suppression of individual discretion)
8 Research Security Professionals Security Professionals Not Less EthicalHowever, variables make the difference:Instrumental relationship between political agenda and ethics, especially in context of EU as moral agentLeadership & moral compass matter: but risk of passing the buck down the hierarchyConsistent loyalty (and idealism) vis-à-vis security policies and organizations that execute themCultural / national / organizational factors matter: ethical reflection is not always obviousSecurity ethics is an organic reality and cannot be imposed top down: they have to be “lived”“As a young cop ethics is ‘knocked’ into you with training: It is not what you do that is important, but how you do it. The policy of the organization has standards to make sure it is ethically sound.”Interview with Rob Wainwright, Director Europol, 30 June
9 Police = Special Collective versus Individual Level Police officers often recruited from traditional segments of societyEncourages a (semi-)monolithic police cultureMoreover, police officers collectively tend to be characterized byMachismoBraveryAuthoritarianismCynicismAggressionDistrust/suspicion
10 Findings on Police Ethics Always following the rules is deemed incompatible with getting the job done (40%)Whistle-blowing is considered not wise (35%)‘Police abuse and culture of silence remains problematic’Majority turns blind eye on misconduct of fellow officersAttitude of police chief matters (85%)Good first-line supervision very importantEthical training helps (82%)From: Weisburd & Greenspan, 2000; Dean et al., 2010
11 What is Ethical Policing About? Ethical & Effective PolicingAccountable & Democratic PolicingEvidence-Based & Informed PolicingProfessional Policing & ExcellencePolicing that Contributes to Justice, Safety and Freedom for allKnowledge & Application of Universal Human Rights StandardsDevelopment & Sharing of Good Practices
12 How does Oversight Contribute to Police Ethics? Oversight enhances public confidenceEmpirically, police oversight is performed by a variety of actors:JudicialParliamentaryCivilSpecific: e.g. breach of integrity, corruption, inquiriesExecutiveComplaints, incidents, reports:Improvement mechanismsSometimes leading to new legislationBest Practice:Police Ombudsman with a wide mandate: Northern IrelandIndependent Police Control Authorities, Hong Kong, Belgium, United KingdomLearning points:Frequency of contacts between e.g. ombudsman and police authoritiesCompliance monitoring (!)Often more than 1 trajectory at the same time
13 Implementation of Good Policing In Relation to Key Police Powers:Use of Force (Monopoly of violence): UN Code & Basic Principles, e.g. firearmsArrest & Detention: Cautioning, Recording and RegistrationInvestigation of Crime: Fair Trial, Avoid Tunnel Vision, Systematic and Professional Crime AnalysisIntelligence Gathering and Surveillance: Avoid Discrimination and PrejudiceStreet control, body searches, preventive searches: Prior authorization, explanation, and complaint procedures are important“New issues”: post-conflict policing (authority void); multi-cultural policing (ethnic and religious tensions); policing of terrorism and organized crimePolice enjoys more legitimacy if it only uses violence non-arbitrarily and only as a means of last resort (suspension, proportionality, legality, subsidiarity)
14 Ethics of intelligence-led policing ILP = widely spread, particularly in the UK and north-western European countriesStrongly promoted by EU agencies including Europol, Frontex and SitCenCore = prevention / precautionary principlePresumption of innocence ?Policing by consent ?Accountability = low, effectiveness hard to measure
15 Practices to Encourage Police Ethics Indicators & Levels:Transparency & AccountabilityResponsiveness (tell citizens about outcome; feedback)Access to Justice (e.g. complaint mechanisms)Leadership (considered crucial by the respondents; moral compass; early intervention; consistency)Management (integrity and efficiency in all police processes, from small to large aspects)Organization: cultivating diversity, reflection, open attitude; screening & recruitmentTraining & Education: human rights and ethics are essential features
16 Discussion Good Policing is not just fighting corruption Ethical ramifications of new security strategiesEthical Policing is a Dynamic EnterpriseTowards a Global Constabulary Ethic?Future Research Avenues:Gaps e.g. impact of resources (payment etc)Entangled Hands: A Problem in Europe?Ethics in Civil (Police) MissionsLongitudinal Approach: Ethical ShiftsPublic versus Private ValuesInternational comparison as well as cross-agencyLink with “good governance and oversight
17 Further ReadingMonica den Boer & Emile Kolthoff (eds.), Ethics & Security, The Hague, Eleven International Publishing, 2010INEX:ASEF: Guide on Good Policing:
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