The concept of the justice system is founded on equality and fairness and its concepts rested upon laws founded on standards of fault, interpersonal arbitration and focus on legal processes . Through an analysis of Kohlberg’s stages of moral development, this paper is going to assess how the stages can be incorporated within law enforcement agencies such as the police force (Boudless, 2016) .
According to Boundless, the police are usually charged with the maintenance of peace, law, and order within a society or community. To do this, police officers are expected to possess the necessary moral ability which enables them to lawfully put in force laws of the land and adhere to the honor as outlined by their forces and their mission. As such officers are expected to respect and uphold the rights of all individuals, while on duty and off the job, bringing perpetrators of crime to justice. Despite the full knowledge of what is expected of them, following the concept of justice, law officers have sometimes come short, not acting in a fair manner or simply making mistakes. It is out of this inadequacy that Incorporation of Kohlberg’s Stages of Moral Development into the Justice System becomes a necessity. Other than using the theory on police officers to understand their level of moral development, the same could be used evaluate criminals (2016) .
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Kohlberg's theory of moral reasoning is a six stage theory which is further condensed to three major levels namely the pre-conventional morality, conventional morality and finally the post-conventional morality (Boudless, 2016). Level one or the pre-conventional morality encompasses the first two stages i.e. stage 1, the punishment-obedience orientation and stage 2, the instrumental relativist orientation. Level one also known as the pre-conventional stage refers to that moral level when one does not have any personal code of morality but that of the influential people around them. As such authority is found outside the individual while the reasoning is based the level of punishment or physical consequences of their actions. Within the police force, this first level can come in handy when handling new recruits joining a police force. At this first level, a decision made by the new officers will be based mainly on whether they will be punished and the concept of reciprocity. Hence this is the best moment to culture in the necessary desirable behavior expected by the police department (White, 1999).
According to White, Good interpersonal relationship and maintaining the social order are the third and fourth stages of moral development marking the second stage, the conventional stages. At the second level of moral development, individuals come to respect authority not because of fear of punishment but due to their greater understanding of the need to have a good working environment. Here, the officers believe that the rules and regulation within the force are necessary to ensure a good relationship and societal order and harmony. These two stages are marked by moral values the officers have acquired and the expectation of approval from others or their seniors. Other qualities marking this stage include maintenance of the social order and sense of duty to others. The officers will behave in a manner to be seen in good light by authority and also become aware of the wider rules in the force. This is an important stage of influence as police officers as it provides officers with the right kind of knowledge or behavior which enables them with the right protection against exploitation of their authority for personal gain. The final post-conventional level which entails the social contract orientation and universal-ethical-principal orientation are marked by rules, legality, the duty of contract, mutual trust and respect and utilitarianism. At this level of moral development, police officers are capable of forming their own ethical principles which if properly influenced from the early stages, then the officers’ principals will be beneficial to all within the society (1999).
Kohlberg’s Stages of Moral Development may also play a vital role in evaluating different kinds of criminals. First-time offenders are usually victims of impaired first two stages of development. Theirs is usually a lack of knowledge which contributes to the criminal activity. If well cautioned such offenders are usually capable of changing and becoming better citizens. The second level kinds of crime include juvenile delinquencies that are mostly characterized by teenagers whose moral development at the third stage i.e. interpersonal behavior driven by social approval was affected or impaired. Teenagers from broken families or background where proper manners and need to fear and respect authority was not cultured in them tend to be the main victims of juvenile delinquencies. These teenagers are usually unable to identify authority be it their leaders or elders, respect the social norms within the society and laws formulated by authority. As such, Individuals that have not properly developed at the conventional stage are usually driven to self-driven of self-interest kind of crimes. Criminals with an impaired development of the second level will choose to benefit from others while being careful not to be caught as they know the repercussions of their actions ( White, 1999).
Garrett points out a nother type of crime which can be traced to the development level of the perpetrators and this includes that of serial killers. This group of criminals usually lack a proper development of third level i.e. the post-conventional level. Serial killers are characterized with an underdeveloped sixth stage of the theory, the universal ethical principles. These killers are usually driven by internal moral principles. In as much as they are aware that whatever they are doing is not right in accordance to societal expectations, they still proceed and commit the offenses. Knowing the different driving forces behind these criminals will enable the officers carefully craft a way of catching them and even how to help them change for better. For instance, juvenile delinquency can be corrected by punishment and later followed by counseling which will make them aware of the societal expectation on them and show them the benefits of abiding by laws. As for serial killers with serious post-conventional level issues can be deterred by heavier punishments such as incarceration, something which will keep them away from being able to commit a crime (2004).
Three ways to which one can help curb self-interest and pursuit of pleasure to prevent police corruption include proper officer training, through analysis of personal characters during recruitment, and the establishment of an incentives program (White, 1999). Garrett argues that though a human is prone to error, through analysis of personal character during recruitment of police offers can have a huge effect in employing workers ready to work for the force. If a police officer can have strong second level attributes then the police officers are well guarded against being manipulated or corrupted. Ethics training is another way through which a police chief can ensure that his officers are ethically and morally upright. A proper incentive program aimed at rewarding ingenuity and truthfulness in the force is another way which can help minimize if not eradicate corruption behavior within the force (2004).
There are several Prima Facie Duties which are usually expected of law enforcement officers. These include duties such as fidelity, reparation, gratitude, non-injury, non-injury and beneficence (Garrett, 2004). Of all the these Prima Facie Duties expected by officers, three duties that I find critical to police officers regardless of their responsibility to the members of the society include the non-malfeasance to prevent injury, beneficence towards others and fidelity. Beneficence toward Others is a Prima Facie Duty that prioritizes doing well to others. This duty encourages kindness and compassion on the police officers to citizens. As such, the aim of this duty is to enable officers to give and assist members of the public enhancing their well-being. The other goal is that of Non-Malfeasance to Prevent Injury to Others. This Prima Facie Duty enables officers to prevent and avoid any unnecessary harm to others and/or themselves. These duties dutifully enable officers from perpetrating cruelty acts and help them portray a good picture to members of the society. The last Prima Facie Duty that I would expect the officers to have is that of fidelity. This duty will enable an officer honor his work, office and the mission of the police force. The duty assists in preventing the officers from involving themselves in shady deals and deceptions ( White, 1999).
In conclusion, since ethical awareness has been found to be a major factor in determining ethical behavior, it is necessary for all police departments and forces take in the Kohlberg's theory of moral reasoning as a tool to help in shaping the behavior of their officers. This will go a long way to reduce several cases of indiscipline and corruption within the police force.
References
Boundless. (2016). Kohlberg's Stages of Moral Development. Retrieved from https://www.boundless.com/psychology/textbooks/boundless-psychology-textbook/human-development-14/theories-of-human-development-70/kohlberg-s-stages-of-moral-development-268-12803/
Garrett J (2004). Ethical Theory Based on the Ethics of W. D. Ross . Retrieved from http://people.wku.edu/jan.garrett/ethics/rossethc.htm
White S (1999). Controlling Police Corruption . Retrieved from https://web.stanford.edu/class/e297c/poverty_prejudice/paradox/hwhite.html
