Comms and Ethics Flashcards
Police discretion
Where you can use your own individual judgement to decide the best lawful course of action
Reasons for police discretion (CULL)
C – Community does not always want the law enforced
U – Uphold the spirit rather than the letter of the law
L – Law breaker’s intent is not always deliberate/malicious/evil
L – Laws cannot cover every situation and still remain workable
Sources of discretion
Common Law (Original Authority)
Lepra
The rule of law
Dealing with conflicts of interest (IARMM)
Identify - the conflict
Avoid - the conflict
Report - the conflict to supervisor
Manage - the conflict
Monitor any changes
Three Conflicts of interest
- ACTUAL – Where the conflict exists between your official duties or responsibilities
and your private interests.
2.PERCEIVED – Where others may interpret your private interests as improperly
interfering with, or influencing, the performance of your official duties or
responsibilities, whether or not this is in fact the case.
3.POTENTIAL – Where your private interests could interfere with or influence your official duties or responsibilities in the future. You could say there is no conflict of interest right now, but if it’s not managed, it has the potential to become one e.g. a
local take away shop gives police officers 1⁄2 price meals
Empathy
It is an understanding of another person’s point of view
Total empathy is IMPOSSIBLE to achieve
Three kinds of Empathy ECC
EMOTIONAL – connecting with someone
COGNITIVE – Aware of how the other person feels/thinks. Helps to negotiate,
motivate others to understand each other
COMPASSIONATE – Understand the other person’s situation
Procedural Justice (NRTV)
Procedural justice is linked to public judgements about the fairness of the process through which police make decisions and exercise authority
It comprises of four key components (N.R.T.V)
Neutrality -
Police making decisions based on relevant facts and legal rules rather than
opinion and biases
Respect -
Dignified and respectful treatment of citizens during police interaction
Trustworthiness -
Show they act on behalf of the best interests of the people
Voice -
Providing citizens with the option to express their own point of view
2 Types of corruption
Noble Cause Corruption –Unlawful conduct/ actions done without any thought of
personal gain (doing the wrong thing for the right reason)
EXAMPLE: planting evidence at a known offender’s home to have them locked up in
order to have them taken off the streets.
Process Corruption – Actions being done for some form of personal gain/ advantage
EXAMPLE: planting evidence at a crime scene to have someone locked up as
revenge. Gain money.
What is a Stereotype
Stereotype -Is a preconceived notion, especially about a group of people. Many stereotypes are
racist, sexist, or homophobic. A stereotype may be negative, neutral or even positive
e.g. all Canadians are friendly.
What is Prejudice
Prejudice -Is a preconceived opinion that is not based on reason or actual experience. It is
ALWAYS bad.
Code of conduct (A.R.T)
1.Behave honestly and in a way that upholds the values and the good reputation of
the NSW Police Force whether on or off duty
- Act with care and diligence when on duty
- Know and comply with all policies, procedures and guidelines that relate to their duties
- Treat everyone with respect, courtesy and fairness
- Comply with any lawful and reasonable direction given by someone in the NSW
Police Force who has authority to give the direction - Comply with the law whether on or off duty
- Take reasonable steps to avoid conflicts of interest, report those that can not be
avoided, and co-operate in their management - Only access, use and/or disclose confidential information if required by their duties
and allowed by NSW Police Force policy - Not make improper use of their position or NSW Police Force information
or resources - Report misconduct of other NSW Police Force employee
LCAN
Location
Condition
Action
Needs
Conflict Communication Strategies
Goal blockage removal
- identify what the person wants
- find out what is blocking their goal
- determine if you can lawfully and safely remove the blockage
- determine if it is within your authority to remove the blockage
Negotiated solution (if goal blockage not an option)
- explain why the person’s goal cannot be achieved
- Give the person two options for going forward: the ‘easy’ way (i.e. they cooperate and get a lesser or no sanction) and the ‘hard’ way (i.e. they don’t cooperate and get a heavier sanction)
- Police react to the person’s choice
Barriers to Verbal Communication (L,I,C,E)
Language barriers
Inclusion barriers
Cultural barriers
Environmental Barriers
organisational Barriers
Barriers to active listening (PALLMRH)
Perception
Attitudes and beliefs
Lack of interest or motivation
Lack of mutuality – in conversation turn-taking
Mind being elsewhere
Relationships
History of interacting
SELF test
Scrutiny – Would your decision withstand scrutiny by the community and the
NSWPF?
Ethical – Is your decision ethical and consistent with the Statement of Values, Oath
of Office and Code of Conduct and Ethics?
Lawful – Does your decision comply with all laws, regulations and policies?
Fair – Is your decision fair to your colleagues, community and family?
Misconduct 211F
A police officer must report misconduct or maladministration of another police officer in
1. Must report the misconduct
2. Must be in writing
3. Must be to the rank of Sargent or above
Statement of Values (Section 7 of the Police Act 1990) (P.U.P)
(a) places integrity above all
(b) upholds the rule of law,
(c) preserves the rights and freedoms of individuals,
(d) seeks to improve the quality of life by community involvement in policing,
(e) strives for citizen and police personal satisfaction,
(f) capitalises on the wealth of human resources,
(g) makes efficient and economical use of public resources,
(h) ensures that authority is exercised responsibly
4 Key actions of customer service guidelines
1.Ensure victims receive an event number and a victim’s card
2.Ensure victim follow-up within seven days
3.Ensure that when matters become cases, you continue to keep the victims and witnesses
informed of developments during the investigation and in the lead-up to the court date (at least every 28 days).
4.Comply with the Charter of Victim’s rights
s6 Charter of victim rights (Try remember some) CIAPP
- Courtesy, Compassion and respect
2.Information about services and remedies
3.Access to services
4.Information about investigation of the crime
5.Information about prosecution of accused
6.Information about trial process and role as witness
7.Protection from contact with accused
8.Protection of identity of victim
9.Attendance at preliminary hearings
10.Return of property of victim held by State
11.Protection from accused
12.Information about special bail conditions
13.Information about outcome of bail application
14.Victim impact statement
15.Information about impending release, escape
or eligibility for absence from custody
16.Submissions on parole and eligibility for
absence from custody of serious offenders
17.Compensation for victims of personal violence
Information about complaint procedure where
18.Charter is breached
What is the legal definition of a victim, and where is this definition found?
Victims Rights and Support Act 2013 s5 defines a victim of crime as:
a person who suffers harm as a direct result of an act committed by another person in the course of a criminal offence
if the person dies as a result of the act concerned, their immediate family are also considered victims of crime
For the purposes of this definition ‘harm’ includes:
- actual physical bodily harm
- psychological and psychiatric harm
- the taking, destruction or damage to a person’s property
What causes a conflict
Goal+Blockage=Conflict
Moral vulnerability
Moral vulnerability relates to the premise that police are morally vulnerable to becoming corrupt over time because of the nature of the job.
