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SESSION 2 > PPP123 > Flashcards

PPP123 Flashcards

Ethics

1
Q

What is discretion?

A

Discretion is acting according to your own judgement wherever your authority leaves you free to do so

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2
Q

Where does discretion come from?

A

Discretion is granted from the office of constable and is enabled by original authority

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3
Q

What is the rule of law?

A

The rule of law is a system where all laws are publicly agreed upon, publicly available and apply to app - especially the law makers and law enforcers, where no one is above the law. (Means that everyone is subject to the law)

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4
Q

Why is discretion in policing important?

A

The law gives police choices, discretion allows the legal system to function, allows you to apply the law at the right level based on circumstance, police are often unsupervised

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5
Q

What is appropriate discretion?

A

Has consistency, Applied in good faith, Based on rationality, Ignores irrelevant facts, Takes into account relevant facts. (HABIT)

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6
Q

What is the ethical decision making model?

A

Issue/Problem (what is the problem they have to solve), Stakeholders and their interests (who is involved and what are there interests), Options and assessments (What lawful options are available to police and what should they consider when looking at each option), Decisions (best option with brief argument about why it trumps others)
(ISOD)

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7
Q

What is the oath of office

A

A legally binding vow that enables original authority & discretion, it provides guidance on what to do & how to do it at a high level. The oath of office requires you to keep the peace, impartially, to the best of your ability, faithfully according to law

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8
Q

What is the statement of values

A

describes the shared ideals of the NSWPF. It provides more detailed guidance on how to fill your role,

(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, and
(h) ensures that authority is exercised responsibly.

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9
Q

What is the code of conduct and ethics

A

Provides greater detail and clearer guidelines on the conduct required of a police officer in order to support the values of the NSWPF and the oath of office. The CCE helps with what to do and how to do it at a ground level
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
2 act with care and diligence when on duty
3 know and comply with all policies, procedures and guidelines
that relate to their duties
4 treat everyone with respect, courtesy and fairness
5 comply with any lawful and reasonable direction given by
someone in the NSW Police Force who has authority to give the direction
6 comply with the law whether on or off duty
7 take reasonable steps to avoid conflicts of interest, report those
that can not be avoided, and co-operate in their management
8 only access, use and/or disclose confidential information if
required by their duties and allowed by NSW Police Force policy
9 not make improper use of their position or NSW Police Force
information or resources
10 report misconduct of other NSW Police Force employees.

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10
Q

What are the role, missions and functions of police

A

Keep the peace by: protect life & property, maintain order, prevent & detect crime, uphold the law, provide social services

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11
Q

What is an ethical decision

A

A decision about an issue that may affect others or yourself. A decision you may think might not be fair, or one that can be very difficult to make.
Almost every decision in policing has an ethical component

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12
Q

What is the social contract theory

A

It is an unwritten social contract for a peaceful society

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13
Q

Police role in human rights

A

To ensure police are aware of and uphold the human rights of individuals (eg, part 9 LEPRA)

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14
Q

What are rights that police can NEVER breach

A

article 5, the ban on torture and cruel and degrading treatment or punishment, article 9, ban on arbitrary arrest and detention, article 10, right to a fair trial, article 11, presumption of innocence, article 12, ban on arbitrary interference with privacy, family, home or correspondence, nor attacks upon honour or reputation

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15
Q

How do law and ethics relate in policing

A

ethics is the study of right and wrong, justice and injustice. Much of common law is based on moral principles, criminal law aims to protect basic moral rights, police swear to uphold the law

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16
Q

what is coercive force

A

making someone do something that they wouldn’t normally do

17
Q

what is authority

A

right or permission to act or do something

18
Q

what is power

A

ability to achieve an outcome

19
Q

what is authority without power

A

having a lawful right to do something but not the power to do it. Example, having reasonable suspicion to search a person but that person is standing with 10 comanchero nominees

20
Q

what is power without authority

A

not having the authority to do something but having the power to do something (unlawful)

21
Q

Where do justifications come from in using coercive force

A

S230 LEPRA (use of force in general duties by police) S231 LEPRA (use of force in arrest)

22
Q

Why do we use coercive force

A 
To gain control (keep the peace) where your authority is ineffective in order to;
protect life and property
prevent and detect crime
uphold and enforce the law
maintain order
provide social services
23
Q

What is proportion in relation to discretion

A

the more serious the situation is the less discretion you will have. Legislation and police can also reduce discretion

24
Q

What are the 3 justifications for using force?

A

Intentions are in the pursuit of good ends
Force used must be proportionate to the intended outcome
Only as much force as is absolutely necessary

25
Q

what are the 4 justifications for deadly force

A

In DEFENCE of your own or another’s life or when threatened with serious injury
Where there is an IMMEDIATE and direct threat
Where it will END the threat
No other Option available than to use deadly force
(DIEO)

26
Q

What is corruption

A

deliberate unlawful conduct, whether by act or ommission, or the part of a member of the NSWPF, utilising his or her position whether on or off duty, and the exercise of police powers in bad faith

27
Q

What is process corruption

A
  • Where the processes of the organisation are interfered with during the administration of justice
  • Generally for personal gain
  • Doing the wrong thing for the wrong reason
28
Q

What is noble corruption

A
  • Is where a corrupt act is undertaken without thought of personal gain, but to get the job done
  • It looks like process corruption but with one not done for personal gain
  • Doing the wrong thing but apparently for the right reason
29
Q

What are some key causes of corruption in policing

A
  • Moral corrosiveness of the job
  • Police around people who use and sell illegal drugs
  • Access to gratuities
  • Conflicts of interest
  • Groupthink
  • Slippery slope argument
  • Unfair distribution argument
  • Cynicism
  • The Sisyphean nature of policing (can seem like endless, pointless labour, many lose/lose policing situations)
30
Q

Is noble cause corruption really bad

A

Noble cause corruption is corruption and so does not count as an acceptable excuse.It still involves a deliberate unlawful conduct as an officer

31
Q

What are some plans in corruption resistance

A
  • Command management Framework (risk based self assessment system for use by you daily, inspection and auditing required, all staff involved) (CMF)
  • Corruption resistance plans (designed to address high risk issues within local area)(CRP)
  • Career Management Scheme (performance management) (CMS)
32
Q

what is a gift

A

usually has a value and is a physical thing eg, bottle of wine

33
Q

what is a benefit

A

an advantage eg a discount, favour, preferential treatment

34
Q

what is hospitality

A

offered while at a job is not considered a gift or benefit, eg a bottle of water offered when helping in a bushfire

  • A gratuity is a gift given with the expectation of getting something in return
35
Q

What is misconduct

A
  • An intentional breach by an officer of a NSWPF policy, guideline or legislatively based duty or requirement
  • Serious forms of misconduct (done deliberately and unlawfully) are termed corruption
36
Q

Are police legally required to report misconduct

A
  • Clause 49 police regulation 2008 & the Code of conduct point 10 make it a requirement that police report the misconduct of other NSWPF staff

SESSION 2 (6 decks)

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