Ethical Decision-Making in Law Enforcement: A Scoping Review
Abstract
:1. Introduction
1.1. Rationale
1.2. Objectives
2. Materials and Methods
2.1. Selection of Studies
2.2. Data Extraction, Management, and Analysis
3. Results
3.1. Normative Ethics
Virtual Ethics (implicit): “Immediately upon their recruitment to the police academy, trainees are instilled with foundational values such as integrity, citizenship, justice, and pride […]. Police recruits are trained in a way that prioritizes serving and protecting civilians in the community, even at their peril.”[24] (p. 71)
Deontology (implicit): “Despite the moral conflicts experienced in the line of duty, police officers are mandated to make decisions and fulfill their responsibilities in a way that is compatible with police values, and more broadly, with society’s values regarding morally acceptable behaviour. Police officers are asked to do what is “right” and to maintain peace and order. When police officers feel that they have not satisfied this mandate, they may experience moral struggles that, in turn, may have a number of negative outcomes, such as increased vulnerability to stress, adverse reactions to traumatic incidents, and poorer job performance […].”[24] (p. 72)
Consequentialism (implicit): “An attitude toward whistleblowing […] is the sum of the products of the employee’s beliefs about the consequences of whistleblowing and his or her subjective evaluation of those consequences.”[25] (p. 546)
Domain | Code | Excerpt | Source |
---|---|---|---|
agent | integrity | “Research interest in police integrity has been growing in recent years […]. However, the majority of these studies focus on police misconduct […], which is only one perspective on integrity”. | [32] (p. 102) |
agent | loyalty 1 | “The police exposure to immediate threats and danger and a sense of insufficient skills to handle them lead to a collective ambition to survive the daily work and attempt to preserve one’s self-esteem and pride. Building togetherness, loyalty, oneness, and a close identity with colleagues in the department are strategies for survival. Therefore, police departments are generally described as closed systems in which an esprit de corps develops […]. Traditionally, police officers see themselves as professionally trained ‘warriors’ in a closed society, aiming to protect the ‘good’ citizen from the ‘bad.’ This warrior mentality forms the basis of their moral choices […]”. | [28] (p. 36) |
deed | use of force | “Police wield an unrivaled power in society: The authority to use force in the interest of upholding state and federal laws. Although police rarely invoke this authority […], their use of force is still a central concern to the public, a fact demonstrated, in part, by public demands for BWCs [body-worn cameras]. However, what constitutes acceptable or unacceptable force is not always clearly demarcated. The fundamental challenge is that police use of force is evaluated using a reasonableness standard: Would a reasonable officer have chosen the same course of action under the same circumstances […]”? | [33] (p. 734) |
deed | use of deception | “Significant ethical issues have long surrounded the use of deception in police operations. Whether discussed from a sociological […], criminological […], or philosophical […] perspective, all allow those police at times need to use deception to be effective. Each also underscores the importance of a critical thinking and balanced approach in regard to two questions: (a) What are acceptable deceptive practices? (b) When are deceptive methods rather than more conventional methods of investigation justified”? | [34] (p. 483) |
consequence | moral injury 2 | “Moral injury occurs when police officers perpetrate, fail to prevent, or bear witness to deaths or severe acts of violence that transgress deeply held moral beliefs (e.g., fatally shooting an allegedly armed criminal who is later proved to be unarmed)”. | [24] (p. 71) |
consequence | unfavorable perception of police | “In recent years, police use of force has been heavily criticized […]. Videos of deadly force involving police and minorities have been prominent in the national news […], and harsh criticism of police has consequently proliferated […]. Some of this criticism is clearly warranted and is valuable as a catalyst for reforming unjust or insufficiently skilled practices; law enforcement agents are rightly held to a high standard of excellence, especially when employing violence […]. However, some argue that a disproportionate amount of police violence in the media has resulted in public perceptions that the use of force by police is a common occurrence […] when it is actually quite rare relative to the total number of police-citizen encounters […]”. | [35] (p. 292) |
3.2. Moral Psychology
Moral Intuition (about agents): “The officers said that they often sensed quite quickly whether people were cooperative or not. Some of them said that they could spot a troublemaker from a long distance, ‘Some people have an attitude problem’. One of the interviewed policemen talked about a ‘gut feeling’, saying, ‘When I arrive at a scene where two people are fighting, I very quickly get a feeling that one of them is the idiot and the other one is OK. The idiot doesn’t listen to me, but the other one does as he is told’. The officers said that they consistently tried to be ‘good with the good guys and bad with the bad guys’.”[37] (p. 77)
Moral Intuition (general): “According to a Norwegian study, the internal status of Norwegian expert police officers is connected to ‘experiential professionalism’, which is ‘characterized by gut feelings, hunches, intuition (rather than analysis), loyalty to colleagues, and attitudes aimed at crime control...’ […]. In a British setting, Loftus (2010) describes this ‘sixth sense’ as follows: ‘[…] the police learn to treat their geographical domain as a “territory of normal appearances”. Their task is to become sensitive to those occasions when background expectancies are in variance.’ The ‘ecological’ […] rationality of experts, sensitive to what is present in and what is missing from a scenario, is intensified by a feeling of rightness […]. This ability to discern nuances and its accompanying feeling of rightness may grow strong, almost incorrigible.”[38] (p. 22)
3.3. Structural and Normative Effects
Organizational Factors: “One promising avenue for reducing the influence of antagonistic emotions on police decision-making, then, is for agencies to strive to maintain an organizationally fair work environment for their officers. Indeed, some research suggests that officers who feel their supervisors are respectful, transparent, listen to their concerns, and otherwise treat them fairly tend to be less cynical and distressed, and in turn are less reliant on coercive force […]”[26] (p. 630)
Public Perception of Policing: “The police face a dilemma in maintaining legitimacy: they must be perceived as effective in fighting crime and disorder, but they must also maintain standards of fairness […].”[37] (p. 784)
Police Subculture: “While there is evidence that reform in Australia has generated some major successes, particularly in stopping organized protection rackets and substantially reducing police process corruption […], Australian police departments continue to be subject to frequent conduct scandals. Recent high-profile cases in the media include racially motivated assaults and harassment; an escalation in fatal shootings; excessive tasering and assaults of suspects; and negligent responses to victims of crime, especially domestic violence […].”[44] (p. 371)
3.4. Psychological Dimensions
Implicit Bias: “Consciously or unconsciously, officers may convey their feelings or judgments about others in the degree to which they operate in a procedurally just (or unjust) fashion toward them. The degree of PJ [procedural justice] or injustice shown someone communicates a powerful symbolic message about the citizen’s status or worth […].”[51] (p. 121)
Implicit Bias (technology): “Given that American police have routinely (and justifiably) faced criticism for police brutality and implicit bias, particularly when dealing with minority communities, local police departments may feel pressure to seek automated solutions to issues like crowd control during protests or riots, by, for instance, programming rules of engagement into autonomous drones.”[52] (p. 6)
Post-traumatic Stress Disorder (PTSD): “Papazoglou et al. […] showed a relationship between moral injury […] and incidence rates of post-traumatic stress disorder (PTSD). That connection can occur when the moral injury resulted from an incident or incidents in which the officer was exposed in some way to death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence […].”[30] (p. 2)
Moral Disengagement: “Perhaps the theory that best explains how policing fosters unethical decision-making is moral disengagement […], which describes eight mechanisms whereby individuals are disinhibited from acting unethically. Each of the eight mechanisms of moral disengagement occur during routine police work […]. Two of the mechanisms, dehumanization and attribution of blame, are particularly relevant when it comes to officers engaging in unethical behavior that will directly impact their wellness.”[45] (p. 2)
Social Identity Theory: “This focus ignores the internal relationships among law enforcement personnel, where arrests function as an object of exchange and a medium of social connection. Existing research neither describes why officers desire to make arrests […], nor explains the nature of the struggle between deputies to determine who will claim an arrest as his or her own.”[55] (p. 109)
Role of Gender (civilians): “Males may be perceived as more threatening, females as more submissive and in need of protection […]. Males may also be viewed as less deserving and consequently receive less PJ. A bad reputation with the police is expected to reduce deservingness and police-provided PJ. Police researchers have not found strong or consistent effects of social status on police coercive practices […], but recent meta-analyses have found that minority race/ethnicity significantly increases the risk of arrest, and one study finds that males are at significantly greater risk, while the effects of age are not significant […].”[51] (p. 122)
Role of Gender (officers): “Following women’s entrance into police patrol in the 1970s, most research on female officers’ capability to perform police duties has questioned their ability to maintain the typically masculine police qualities of physical aggression and force necessary to maintain police authority. Based on the traditional policing view, opponents of women police officers (namely, male officers) have argued vigorously that women cannot perform the job as well as men, due to their lack of physical strength and inability to maintain an authoritative presence […].”[56] (p. 426)
3.5. Gaps in Police Training and Policy
Training Gaps (recruits/cadets): “Training could focus on police recruits before they have been exposed to the negative communications rituals of the street to teach them more sophisticated techniques of behavior management that are better suited to developing long-term relationships with youths. As community policing moves police into the “same cop, same beat” model, these strategies will be of critical importance to police safety and to the success of the community policing movement”[58] (p. 40)
Training Gaps (officers): “Although in many situations fear is warranted and even advantageous, officers who experience fear in response to civilians with bad attitudes may also be more likely to escalate the situation (e.g., by taking an aggressive stance, or drawing and pointing their firearm). Elevated fear may also be associated with perceptual distortions […], which could result in mistake-of-fact shootings […]. Periodic training exercises that require officers to make quick decisions while in a state of heightened fear may improve officer decision-making in real world encounters. More broadly, a better understanding of how civilian demeanor interacts with the situational context to influence fear among officers is important for efforts to reduce overreactions and mistakes that may result from increased fearfulness and that may be especially likely in certain environments”[26] (p. 22)
3.6. Interventions
Interventions (race): “When making judgments about others, however, White privilege lessons may not trigger these self-preservation motivations and, instead, may simply highlight a system of racial inequality. And, in such a context, we find that White privilege lessons lead non-Black people—regardless of their political orientation—to perceive more racism when a Black man is shot by police. Critically, these shifts in perceived racism also had important downstream consequences for perceptions of legal guilt.”[60] (p. 7)
Interventions (wellness): “The POWER perspective of wellness, ethics, and resilience helps law enforcement agencies and police officers to view wellness in an integrated way. Officers cannot stay healthy without maintaining a steadfast commitment to their core values. Similarly, when officers violate their moral code, their wellness will suffer. Initiatives to improve wellness should concurrently focus on officers’ ethical decision-making. Likewise, efforts to reduce officers’ misconduct must also address their physical, cognitive, emotional, spiritual, and social wellness. Although law enforcement agencies play a critical role in steps to improve officers’ wellness and ethics, it is ultimately up to each individual police officer to incorporate a comprehensive wellness and ethics program.”[45] (p. 3)
4. Discussion—(Un)Ethical Decision-Making
4.1. Socio-Moral Dimensions Impact the Job Complexities of Police Work
4.2. Lethal Means, Moral Injury, and Decision-Making
4.3. Police Readiness, Wellness, and Interventions
5. Limitations
6. Conclusions
Author Contributions
Funding
Institutional Review Board Statement
Informed Consent Statement
Data Availability Statement
Acknowledgments
Conflicts of Interest
Appendix A
Article Number | Author (s) | Article Title | Publication Year |
---|---|---|---|
1 | Ams | Blurred lines: The convergence of military and civilian uses of AI & data use and its impact on liberal democracy. | 2021 |
2 | Baldry and Pagliaro | Helping victims of intimate partner violence: The influence of group norms among lay people and the police. | 2014 |
3 | Blumberg et al. | Impact of police academy training on recruits’ integrity. | 2016 |
4 | Blumberg et al. | Organizational solutions to the moral risks of policing. | 2020 |
5 | Blumberg et al. | The Importance of WE in power: Integrating police wellness and ethics. | 2020 |
6 | Brunson and Pegram | “Kids do not so much make trouble, they are trouble”: Police-youth relations | 2018 |
7 | Buvik | The hole in the doughnut: A study of police discretion in a nightlife setting. | 2016 |
8 | Campbell and Fehler-Cabral | Accountability, collaboration, and social change: Ethical tensions in an action research project to address untested sexual assault kits (SAKs). | 2017 |
9 | Campbell et al. | The determination of victim credibility by adult and juvenile sexual assault investigators. | 2015 |
10 | Celestin and Kruschke | Lay evaluations of police and civilian use of force: Action severity scales. | 2019 |
11 | Clavien et al. | Choosy moral punishers. | 2012 |
12 | Connors et al. | The Mr. Big technique on trial by jury. | 2018 |
13 | Cooley et al. | Liberals perceive more racism than conservatives when police shoot Black men-But, reading about White privilege increases perceived racism, and shifts attributions of guilt, regardless of political ideology. | 2019 |
14 | De Schrijver and Maesschalck | The development of moral reasoning skills in police recruits. | 2015 |
15 | Donahue and Felts | Police ethics: A critical perspective. | 1993 |
16 | Dunnighan and Norris | Some ethical dilemmas in the handling of police informers. | 1998 |
17 | Girodo | Undercover probes of police corruption: Risk factors in proactive internal affairs investigations. | 1998 |
18 | Griffin et al. | Personal infidelity and professional conduct in 4 settings. | 2019 |
19 | Guarino-Ghezzi and Carr | Juvenile offenders versus the police: A community dilemma. | 1996 |
20 | Hough et al. | Misconduct by police leaders in England and Wales: An exploratory study. | 2018 |
21 | Howes et al. | Forensic scientists’ conclusions: How readable are they for non-scientist report-users? | 2013 |
22 | Jackson and Bradford | Crime, policing and social order: On the expressive nature of public confidence in policing. | 2009 |
23 | Jacobs | (Un)Ethical behavior and performance appraisal: The role of affect, support, and organizational justice. | 2014 |
24 | Johnson | The Enforcement of morality: Law, policing and sexuality in New South Wales. | 2010 |
25 | Juujärvi | Care and justice in real-life moral reasoning. | 2005 |
26 | Juujärvi | The ethic of care development: A longitudinal study of moral reasoning among practical-nursing, social-work and law-enforcement students. | 2006 |
27 | Kellough and Wortley | Remand for plea: Bail decisions and plea bargaining as commensurate decisions. | 2002 |
28 | Klockars | Blue lies and police placebos. | 1984 |
29 | Lande and Mangels | The value of the arrest—The symbolic economy of policing. | 2017 |
30 | Leach et al. | ‘Intuitive’ lie detection of children’s deception by law enforcement officials and university students. | 2004 |
31 | Lentz et al. | Compromised conscience: A scoping review of moral injury among firefighters, paramedics, and police officers. | 2021 |
32 | Masicampo et al. | Group-based discrimination in judgments of moral purity-related behaviors: Experimental and archival evidence | 2014 |
33 | Mastrofski et al. | Predicting procedural justice in police-citizen encounters. | 2016 |
34 | Mercadillo et al. | Police culture influences the brain function underlying compassion: A gender study. | 2015 |
35 | Nix et al. | Compliance, noncompliance, and the in-between: causal effects of civilian demeanor on police officers’ cognitions and emotions. | 2019 |
36 | Monaghan | On enforcing unjust laws in a just society. | 2018 |
37 | Morrell and Brammer | Governance and virtue: The case of public order policing. | 2016 |
38 | Navarick | Historical psychology and the Milgram Paradigm: Tests of an experimentally derived model of defiance using accounts of massacres by Nazi Reserve Police Battalion 101 | 2012 |
39 | Noppe | Dealing with the authority to use force: Reflections of Belgian police officers. | 2020 |
40 | Norberg | Legislation vs. morality—a police officer’s ethical dilemma. | 2013 |
41 | Oberweis and Musheno | Policing identities: Cop decision making and the constitution of citizens. | 1999 |
42 | Papazoglou et al. | Addressing moral suffering in police work: Theoretical conceptualization and counselling implications. | 2020 |
43 | Park and Blenkinsopp | Whistleblowing as planned behavior—A survey of South Korean police officers. | 2009 |
44 | Paulsen | A values-based methodology in policing. | 2019 |
45 | Pellander | “An acceptable marriage”: Marriage migration and moral gatekeeping in Finland | 2015 |
46 | Porter and Prenzler | The code of silence and ethical perceptions. | 2016 |
47 | Rabe-Hemp | Female officers and the ethic of care: Does officer gender impact police behaviors? | 2008 |
48 | Reamer | A narrative on the witch-hunt narrative: The moral dimensions. | 2017 |
49 | Renauer and Covelli | Examining the relationship between police experiences and perceptions of police bias. | 2011 |
50 | Rothwell and Baldwin | Ethical Climate Theory, whistle-blowing, and the code of silence in police agencies in the State of Georgia. | 2007 |
51 | Saulnier et al. | The effects of body-worn camera footage and eyewitness race on jurors’ perceptions of police use of force. | 2019 |
52 | Sunshine and Tyler | Moral solidarity, identification with the community, and the importance of procedural justice: The police as prototypical representatives of a group’s moral values. | 2003 |
53 | Visu-Petra et al. | An investigation of antisocial attitudes, family background and moral reasoning in violent offenders and police students. | 2008 |
54 | Wu and Makin | The differential role of stress on police officers’ perceptions of misconduct. | 2021 |
Domain | Categories | Codes |
---|---|---|
Normative Ethics | Agent | Integrity |
Fairness | ||
Ability | ||
Loyalty | ||
Honesty | ||
Compassion | ||
Empathy | ||
Corruption | ||
Trustworthiness | ||
Empathy | ||
Benevolence | ||
Malevolence | ||
Discernment | ||
Deeds | Use of Force | |
Use of Discretion | ||
Misconduct | ||
Preventing Distress and Harm | ||
Use of Authority | ||
Use of Procedural Justice | ||
Whistleblowing | ||
Coercion | ||
Use of Deception | ||
Providing Public Safety | ||
Use of Threats | ||
Other | ||
Consequences | Crime Reduction | |
Crime Increase | ||
Favorable Perception of Police | ||
Unfavorable Perception of Police | ||
Compliance | ||
Non-compliance | ||
Moral Injury | ||
Public Trauma | ||
Civil Unrest | ||
Structural Racism | ||
Unjust Law Enforcement | ||
Reduction in Violence | ||
Ethical Theories | Virtual Ethics | |
Deontology | ||
Consequentialism | ||
Ethics of Care/Harm | ||
Psychological Dimensions | Emotions | Fear |
Disgust | ||
Anger | ||
Shame | ||
Gender Dynamics | Role of Gender | |
Biases | Implicit (Cognitive) | |
Psychological Disorders | Post-Traumatic Stress Disorder | |
Suicide | ||
Destructive Disobedience | ||
Psychological Theories | Moral Disengagement | |
Interpersonal Trust Model | ||
Social Identity Theory | ||
Social Learning | ||
Organizational Factors | Micro-level | |
Macro-level | ||
Meso-level | ||
Police Subculture | ||
Social Factors | Socio-cultural | |
Socio-economic | ||
Socio-political | ||
Public Perception of Policing | ||
Interventions | Interventions | |
Gaps | Gaps |
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Research Question | Background | References |
---|---|---|
What are the socio-moral dimensions of policing? | Deontology is concerned with a person’s (police officer’s) actions (use of force or use of deception), claiming that specific actions are either right or wrong based on the intent of the actions. | [1,2,3,4,5,6,11,12,13] |
What are the virtues of law enforcement agents or police officers? | Virtue ethics focus on the agency or character of a person performing actions, attributing differences in moral character as the argument for why people (police officers) act differently in identical situations. | [14] |
What are the anticipated outcomes when investigating the moral aspects of decision-making in policing? | Consequentialism emphasizes the outcomes of actions and argues that an agent (police officer) is moral if it only chooses the most ethical outcome after weighing its relative moral value. | [14] |
What are the key factors of unfamiliar micro-dilemmas involving split-second decisions and the use of force and deception in policing? | Research shows there are numerous factors that motivate law enforcement, use of force, and use and use of deception. Interdisciplinary application of sociology and psychology to include moral psychology may facilitate multi-level factor analysis and uncover how normative and psychological factors (job complexities) influence moral judgment in policing. | [13,15,16,17] |
To what extent can holistic moral judgment models such as the agent, deed, and consequence (ADC) model facilitate understanding moral evaluations in policing? * | The integrative model facilitates the creation of a coding schema to qualitatively analyze and synthesize an understanding of moral evaluations in policing. | [11,15] |
What gaps exist in law enforcement training and policy? | Supplementary literature outside of scoping review sample suggests that there are training and policy gaps. | [8,9] |
Detailed Study Method | Study Sample N = 54 | |
---|---|---|
Characteristics 1 | ||
Frequency | Percentage | |
Qualitative Methods | n = 13 | 24.07% |
Semi-structured interviews | n = 3 | 5.55% |
Ethnographic analysis | n = 1 | 1.85% |
Scoping review | n = 1 | 1.85% |
Quantitative Methods | n = 25 | 46.30% |
Surveys | n = 6 | 11.11% |
Questionnaires | n = 5 | 9.25% |
Content analysis | n = 4 | 7.40% |
Longitudinal study | n = 1 | 1.85% |
Moral judgment test | n = 1 | 1.85% |
Mixed Methods | n = 6 | 11.11% |
Conceptual 2 | n = 10 | 18.52% |
Node (Code) | Excerpt | Source |
---|---|---|
fear | “Discernment involves the ability to make judgments and reach decisions without being unduly influenced by extraneous considerations, fears, personal attachments, and the like”. | [14] (p. 880) |
anxiety | “For example, research has demonstrated that emotional exhaustion can lead to increased incidence rates of depression and anxiety among police officers […]. Other research, not on a police sample, showed a relationship between anxiety and increases in unethical behavior […]. Thus, although not yet empirically validated, police executives should be concerned that officers who experience work-related anxiety may be more prone to engage in unethical behavior”. | [30] (p. 2) |
disgust (obesity) | “Police officers were more likely to punish suspects who were obese than those who were not. This pattern occurred more for purity than for care crimes. These results illuminate the far-reaching implications of the amplification effect. When judging a person who belongs to a disgust-eliciting group, sensitivity to moral purity becomes heightened— good deeds are more highly praised, transgressions are more sharply criticized, and criminal behaviors are more readily punished”. | [40] (p. 2147) |
shame and anger | “Specifically, moral injury […] is a condition that leaves officers with feelings of guilt, shame, anger, and betrayal... Such actions can leave officers questioning their moral values, which results in feelings of guilt and shame. Moral injury also occurs when officers feel betrayed by the unethical actions of trusted colleagues or supervisors. The sense of betrayal leads to feelings of anger. Moral injury and the emotions of those suffering from it may be key factors in helping to understand and to curtail the skyrocketing rate of police suicide”. | [45] (p. 2) |
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Dempsey, R.P.; Eskander, E.E.; Dubljević, V. Ethical Decision-Making in Law Enforcement: A Scoping Review. Psych 2023, 5, 576-601. https://doi.org/10.3390/psych5020037
Dempsey RP, Eskander EE, Dubljević V. Ethical Decision-Making in Law Enforcement: A Scoping Review. Psych. 2023; 5(2):576-601. https://doi.org/10.3390/psych5020037
Chicago/Turabian StyleDempsey, Ronald P., Elizabeth E. Eskander, and Veljko Dubljević. 2023. "Ethical Decision-Making in Law Enforcement: A Scoping Review" Psych 5, no. 2: 576-601. https://doi.org/10.3390/psych5020037
APA StyleDempsey, R. P., Eskander, E. E., & Dubljević, V. (2023). Ethical Decision-Making in Law Enforcement: A Scoping Review. Psych, 5(2), 576-601. https://doi.org/10.3390/psych5020037