Lesson 4: UNIVERSAL LAW ENFORCER’S CODE OF CONDUCT

Objectives: 1. To explain the universal Law Enforcer’s Code of Conduct

2. To distinguish impartiality from professionalism
3. To apply the theories of Law of Empowerment/

The Code of Conduct for Law Enforcement Officials. The United Nations Code of Conduct
constitute a widely recognized international standard for police conduct.

Article 1:

Law enforcement officials shall at all times fulfil the duty imposed upon them by law, by
serving and by protecting all persons against illegal acts, consistent with their profession.

- “Law enforcement Officials” refers to all person that exercise police powers,
particularly the power of arrest and detention.

- Service to the community is the primary goal of the law enforcement service ; police
agencies have the unique responsibility to “protect and serve “ the community.

- Police person of all ranks and position are responsible for the ethical and uniform
enforcement of the Law.

Article 2:

In the performance of their duty, law enforcement officials shall respect and protect human
dignity and maintain and uphold the human rights of all persons.

- One of the most important duties and responsibilities of the police is to enforce , protect,
and defend the human rights of all persons.

Article 3:

Law enforcement may use force only when strictly necessary and to extend required for
the performance of their duty .

- The use of force by law enforcement officials must be lawful , proportionate to the
circumstances , and only be used when no other reasonable alternative exist.

- This article underline that the use of force by the police service should be the exception
rather than the usual practice

- Law enforcement officials are authorized to use force only when rationally necessary to
defend themselves or another person or to prevent a crime and no other reasonable
alternative is practical; the use or application of force beyond that point is not
authorized.

- The use of firearms is considered an extreme response. Every effort should be made to
use non-lethal force to resolve force situations. Lethal force may be employed when no
other reasonable option exist or is not practical under the circumstances.
Article 4:

Matters of the confidential nature in the possession of law enforcement officials shall be
kept confidential, unless the performance of duty or the needs of justice strictly require otherwise .

- By the nature of their duties , law enforcement officials will get hold of information which
may relate to the private lives of other persons. The police have the responsibility of
safeguarding such information which may only be revealed when required in the
performance of their duty when require by the courts and other instruments of the
criminal justice system.

Article 5:

No law enforcement official may inflict , instigate or tolerate any act of torture or other cruel ,
inhuman or degrading treatment or punishment , nor may any law enforcement official invoke
superior orders ….as justification of torture or other cruel , inhuman or degrading treatment or
punishment.

- The bar torture is derived from the United Nations documents prohibiting all forms of
torture and mistreatment .Torture by law enforcement officials is especially forbidden
because it violates the basic principle of the duty of the police service to “protect and
serve” the community .It also violates the requirement of the fundamental legal maxim
ruling out the imposition of cruel and inhumane punishment and the premise that all
persons are presumed innocent before trial and entitled to basic legal protections from
mistreatment.

Article 6:

Law enforcement officials shall ensure the full protection of the health of persons in their
custody and in particular , shall take immediate action to secure medical attention whenever
required .

- Law enforcement personnel are responsible for the protection of the health of person in
their custody .As such , the police have a duty to provide reasonable medical attention,
include lifesaving measures and preventive health care.

Article 7:

Law enforcement officials shall not commit any act of corruption. They shall rigorously oppose
and combat all such acts.

- Any act of corruption is an abuse of authority and in unsuited with the law enforcement
profession

- The laws must be enforced equally to all persons , Any law enforcement official who
perpetrates acts of corruption cannot be expected to fairly enforce the law among
citizens.
 - Act of corruption are identify with the acceptance or demand of a gift , gratuity, or money
in exchange for doing or not doing some official act; any criminal act undertaken by the
police ; or assistance given to another person undertaking a criminal act.

- Acts of corruption also include any attempt to perform an act of corruption.

Article 8:

Law enforcement officials shall respect the law and the present Code .They shall also , to the
best of their capability , prevent and rigorously oppose any violation of them.

- All police officials have positive duty to respect and enforce the Code of Conduct .
These standards represent the collective will of the international community of the
United Nations that law enforcement officials must revere , promote , and defend the
standards set forth in the code of Conduct.

- The Philippine National Police has published standards of conduct . These standard
include Chapter II and III of the Ethical Doctrine Manual Entitled Police Professional
Conduct and the Police Officer’s Creed.

In 1957, the International Association of Chiefs of Police (IACP) adopted the Law
Enforcement Code of Ethics and later revised it in 1989. This document is used as a
worldwide standard for law enforcement officers, reminding them of the ethical
responsibilities of their position and their need to live up the highest standard of
professional policing .When individuals unite to engage in a profession , a fundamental
task is to establish principles which provide guidance , direction and vision

The Revised Law Enforcement Code of Ethics

As a law enforcement officer , my fundamental duty is to serve the community, to

safeguard lives and property/ to protect the innocent against deception, the weak against
violence or disorder, and to respect the constitutional rights of all to liberty , equality and
justice.

I will keep my private life unsullied as an example to all and will behave in a manner
that does not bring discredit to me and my agency.

I will maintain courageous clam in the face of danger scorn ridicule; develop self-
restraint; and be constantly mindful of the personal and official life.
I will be exemplary in obeying the law and regulations of my department .Whatever I
see or hear of a confidential nature or that is confined to me in my official capacity will be kept ever
secret unless revelation is necessary in the performance ofmy duty.

I will never act officiously or permit personal feelings, prejudice , political beliefs ,
aspirations, animosities or friendships to influence my decision . With no compromise for
crime and with relentless prosecution of criminals , I will enforce the law courteously and
appropriate without fear or favour, malice or ill will , never, employing unnecessary force violence
and never accepting gratuities.
 I recognize the badge of my office as a symbol of public faith, and I accept it as a
public trust to be held so long as I am true to the ethics of police service . I will never
engage in acts by other police officers . I will cooperate with all legally authorize agencies
and the and their representative in the pursuit of justice.

I know that I am alone am responsible for my own standard or professional

performance and will take every reasonable opportunity and will take every reasonable
opportunity to enhance and improve my level of knowledge and competence.

I will constantly strive to achieve these objectives and ideas, dedicating myself
before God to my chosen profession….law enforcer.

A. Performance of the Duties of a Police Officer:

1. Impartiality- A police officer shall perform all duties impartially, without favour or affection
or ill will and without favour or affection or ill will and without regard to status, ssex, race,
religion, political belief or aspirations. All citizens will treated will be treated equally with
courtesy , consideration , and dignity

2. Professionalism – Officers will never allow personal feelings ,animosities or friendshipto

influence official conduct. Law will be enforced appropriately and courteously and , in
carrying out their responsibilities , officers will strive to obtain maximum cooperation from
the public .They will conduct themselves in appearance and deportment in such a manner
as to inspire confidence and respect for the position of public trust they hold.

B. Discretion

1. Reasonableness

A police officer will responsibly use the discretion vested in the position and exercise
it within the law . The principle of reasonableness will guide the officer’s decision. The
officer will consider all surrounding circumstances in determining whether any legal action
shall be taken.

2. Maintenance of public confidence

Consistent and wise of discretion, based on professional policing competence , will

do much to preserve good relationships and retain the confidence of the public. There can
be difficulty in choosing between conflicting courses of action. It is important to remember
that a timely word of advice rather than arrest (which may be correst in appropriate
circumstances) can be a more effective means of achieving a desired end.

C. Use of Force

A police officer will never employ unnecessary force of violence and will use only
such force in the discharge of duty as is reasonable under the circumstances .
Force should be used only with the greatest restraint and only after discussion ,
negotiation, and persuasion have been found to be in appropriate or in effective .
While the use of force is occasionally unavoidable, every police officer will refrain
 from applying the unnecessary infliction of pain or suffering and will never engage in
cruel , degrading ,or inhumane treatment of any person.

D. Confidentiality

Whatever a police officer sees, hears or learns of which is of a confidential nature ,

will be kept secret unless the performance of duty or legal provision requires
otherwise . Members of the public have a right to security and privacy , and
information obtained about them must not be improperly divulge.

E. Integrity

A police officer will not engage in acts of corruption or bribery, nor will an officer
condone such acts by other police officer. The public demands that the integrity of
police officers be above reproach .Police officers must therefore , avoid any conduct
that might compromise integrity and thus undercut public confidence in a law
enforcement agency .Officers will refuse to accept any gifts , present , subscription,
favors, gratuities , or promises that could be interpreted as seeking to cause the
officers must not receive private or special advantage from their official status.
Respect from the public cannot be bought; it can only be earned and cultivated.

F.Cooperation with Other Afficers and Agencies

Police officer will cooperate with all legally authorized agencies and their
representatives in the pursuit of justice . An officer or agency may be one among many
organizations that may provide law enforcement services to a jurisdiction . It is imperative that
a police officer assist colleagues fully and completely with respect and consideration at all
times.

G. Personal and Professional Capabilities

Police officer will be responsible for their own standard of professional performance
and will take every reasonable opportunity to enhance and improve their levels of
knowledge and competence. Through training and experience , a police officer can
acquire the breadth knowledge and competence that is essential for the acquisition
of knowledge is a never-ending process of personal and professional development.

H. Private Life

Police officer will behave in a mannet=r that does not bring discredit to their agencies
or themselves, A police officer’s character and conduct while off-duty must always be
exemplary , thus maintaining a position of respect in the community in which he or
she lives and serve. The officer’s personal behaviour must be beyond reproach.