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.

3. Universal Police Ethical Values
- Accountability
- Discipline
- Fairness
- Honesty
- Independence
- Social Responsibility
- Sustainability
- Transparency
- Trust
- Ethical Conduct
- Integrity
- Pursuit of excellence
- Loyalty
- Compassion
- Freedom
- Equality

4. Ethics Police culture Police Styles Law Plural Policing Political
Social
Economic
Context
Technology
Criminality
Terrorism
Unrest
International
Regional

5. European Ethics Instruments
European Code of Police Ethics (Council of Europe)
Rulings by the European Court of Human Rights
No Code of Police Ethics in the EU (!)
Ethics tends to be “implied” in human rights, fundamental rights and data protection
Implementation = 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 Policing
Blurring Perspectives Police / Military
Remote Control of Citizens (Electronic surveillance) -> Cybercop
Security climate has hardened worldwide
Terrorism and other asymmetric security conflicts
New security threats: coping mechanisms not always clear
Differences in ethical climates:
National models of policing differ (political context, human rights)
Styles of policing differ and may overlap
Oversight 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-driven
Work with technology that undermines professional moral reflection (suppression of individual discretion)

8. Research Security Professionals
Security Professionals Not Less Ethical
However, variables make the difference:
Instrumental relationship between political agenda and ethics, especially in context of EU as moral agent
Leadership & moral compass matter: but risk of passing the buck down the hierarchy
Consistent loyalty (and idealism) vis-à-vis security policies and organizations that execute them
Cultural / national / organizational factors matter: ethical reflection is not always obvious
Security 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 society
Encourages a (semi-)monolithic police culture
Moreover, police officers collectively tend to be characterized by
Machismo
Bravery
Authoritarianism
Cynicism
Aggression
Distrust/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 officers
Attitude of police chief matters (85%)
Good first-line supervision very important
Ethical training helps (82%)
From: Weisburd & Greenspan, 2000; Dean et al., 2010

11. What is Ethical Policing About?
Ethical & Effective Policing
Accountable & Democratic Policing
Evidence-Based & Informed Policing
Professional Policing & Excellence
Policing that Contributes to Justice, Safety and Freedom for all
Knowledge & Application of Universal Human Rights Standards
Development & Sharing of Good Practices

12. How does Oversight Contribute to Police Ethics?
Oversight enhances public confidence
Empirically, police oversight is performed by a variety of actors:
Judicial
Parliamentary
Civil
Specific: e.g. breach of integrity, corruption, inquiries
Executive
Complaints, incidents, reports:
Improvement mechanisms
Sometimes leading to new legislation
Best Practice:
Police Ombudsman with a wide mandate: Northern Ireland
Independent Police Control Authorities, Hong Kong, Belgium, United Kingdom
Learning points:
Frequency of contacts between e.g. ombudsman and police authorities
Compliance 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. firearms
Arrest & Detention: Cautioning, Recording and Registration
Investigation of Crime: Fair Trial, Avoid Tunnel Vision, Systematic and Professional Crime Analysis
Intelligence Gathering and Surveillance: Avoid Discrimination and Prejudice
Street 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 crime
Police 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 countries
Strongly promoted by EU agencies including Europol, Frontex and SitCen
Core = prevention / precautionary principle
Presumption of innocence ?
Policing by consent ?
Accountability = low, effectiveness hard to measure

15. Practices to Encourage Police Ethics
Indicators & Levels:
Transparency & Accountability
Responsiveness (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 & recruitment
Training & Education: human rights and ethics are essential features

16. Discussion Good Policing is not just fighting corruption
Ethical ramifications of new security strategies
Ethical Policing is a Dynamic Enterprise
Towards 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) Missions
Longitudinal Approach: Ethical Shifts
Public versus Private Values
International comparison as well as cross-agency
Link with “good governance and oversight

17. Further Reading
Monica den Boer & Emile Kolthoff (eds.), Ethics & Security, The Hague, Eleven International Publishing, 2010
INEX:
ASEF: Guide on Good Policing:

18. THANK YOU