System of Inquiry -- Durham Essay

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To the extent the totality of circumstances suggest that possibility, even acceptance of the most nominal gratuities (i.e. A cup of coffee) is ethically inappropriate.

Similarly, even where the gratuity involved is of nominal value and there is no potential misunderstanding on the part of the individual proffering an otherwise appropriate gratuity, there is the issue of creating the appearance or inference of an improper relationship from the perspective of others observing the exchange. For example, while the proffer and acceptance of a single cup of coffee is excusable within the framework of ordinary positive community relations, the conspicuous regular transfer of even nominal gratuities in the presence of third parties can create an apparent inference of inappropriate influence regardless of whether or not that inference is necessarily accurate.

Conclusion

The SOI is intended to ensure that police officers do not misuse their duly authorized latitude to take different degrees of enforcement action (or non-enforcement) in circumstances where strict enforcement is not mandated by law, public policy, or department policies and regulation.

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More specifically, the SOI provides a framework for distinguishing the appropriate use of officer discretion from inappropriate preferential treatment in connection with police-citizen contacts involving off-duty police officers.

The SOI is also intended to ensure that police officers do not inadvertently accept gratuities of nominal value under circumstances where there exists any potential for misunderstanding. Such misunderstandings include subjective perceptions potentially created in the minds of the individual proffering an otherwise appropriate gratuity or courtesy as well as perceptions potentially created in the minds of any third parties that could undermine confidence in impartiality of police officers or respect for the police department of the policing profession......

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