Ethics for Private Investigators

In a particularly cliché fashion, let's start our discussion of ethics by first defining the term ethics. Webster’s dictionary defines ethics:

Pronunciation: 'e-thik Function: noun Etymology: Middle English ethik, from Middle French ethique, from Latin ethice, from Greek EthikE, from Ethikos Date: 14th century 1 plural but singular or plural in construction: the discipline dealing with what is good and bad and with moral duty and obligation 2 a : a set of moral principles or values b : a theory or system of moral values <the present-day materialistic ethic> c plural but singular or plural in construction : the principles of conduct governing an individual or a group <professional ethics> d : a guiding philosophy

For our purposes, however, it's simply important to understand that ethics is acting with an awareness of the need for complying with rules, such as the laws of the land, the customs and expectations of the community, the principles of morality, the policies of the organization and such general concerns as the needs of others and fairness. Ethics examines human conduct, analyzes the foundations of such conduct, assesses such conduct in terms of certain rules or standards of behavior, and recommends certain behaviors as appropriate and condemns others as inappropriate.

Why study ethics?

Moral concerns are unavoidable in life and ethical standards provide us a yardstick with which to gauge our own decisions. Ethics also gives us a method to evaluate other people’s behavior. It is this concept of judging others that ethics becomes the foundation for professional conduct in private investigation. Perhaps, this is no truer than in a profession such as ours, which often involves the perception of secrecy and clandestine methods of gathering information. The general public doesn't often understand what we do; therefore, a great deal of room for speculation exists. Any investigator that has been in this business for even a moderate period of time understands the multitude of myths and misconceptions that most people have about our business. Historically, this opportunity for speculation has cast private investigators in a negative light more often than not. Professional conduct, the way others will judge us while we are at work, is the only tool we have to correct the public's perspective and maintain the environment in which we work.

On what basis do we make moral decisions?

1. The ethics of divine commandment
Being good is equivalent to doing whatever the Bible tells you to do.

2. The ethics of our inner voice
Conscience tells us what is right or wrong.

3. The ethics of justice
What is fair for one should be fair for all.

4. The ethics of respect
Human interactions should be governed by rules of respect for each other.

5. The ethics of duty
Begins with the conviction that ethics is about doing what is right about doing your duty. Duty may be determined by a social or professional role (a parent versus a doctor for instance).

6. The ethics of virtuous behavior
Provides a way of integrating all ethical decision making by developing individual character.

How do I know I am making an ethical decision?

In our busy lives we are required to make various ethical decisions every day. Ultimately, the basis upon which we will make these decisions will come from our own standards of personal conduct. The question of ethical behavior assumes that good people will make good decisions but it's not always that easy. Private Detectives have a framework by which we can evaluate our choices. Primarily, we should check to see if there are regulations or rules that restrict our choices. When none exist, we could then apply “common sense” by asking ourselves a few very simple questions and listening for the warning bells that signal a potential ethical problem.

First, start with the basics:

What are the options?
What are the issues?
What are the consequences?

Then apply the 12 critical queries for ethical decisions:

1. Is it legal?

2. How do I feel about this? Am I feeling unusually anxious? Am I fearful?

3. Will any rules, policies or regulations be violated?

4. Is the proposed action consistent with past practice?

5. Does my conscience bother me?

6. How would I feel if the details of this situation appeared on the front page of the local newspaper?

7. Does this situation require that I lie about the process or the results?

8. Do I consider this to be an “extraordinary” situation that demands an unusual response?

9. Am I acting fairly? Would I want to be treated this way?

10. Would I be able to discuss the proposed situation or action with my immediate supervisor? My family? My company’s clients? The president of the company?

11. If a close friend of mine took this action, how would I feel?

12. Will I have to hide or keep my actions secret? Has someone warned my not to disclose my actions to anyone?


If after considering these questions you find yourself unable to ascertain the ethics that are involved in a particular situation, please understand that you still have other resources with which to consult. This may include a state board or commission, an attorney, or a trusted associate. Sometimes just discussing the situation with someone else and articulating the problem out loud will help you in your decision-making process.

What are the consequences?

Some of our decisions will affect us only momentarily while others can affect us for the rest of our lives through civil or legal ramifications. Private investigators run the possibility of losing clients, ruining their public image, becoming involved in a costly criminal or civil investigation and the loss of a required license. Furthermore, our choices may also affect clients or subjects of an investigation. In a larger sense, the entire industry may also be tarnished.

Conclusion

Ethics is acting with an awareness of the need for complying with rules, such as the laws of the land, the customs and expectations of the community, the principles of morality, the policies of the organization and such general concerns as the needs of others and fairness. Ethics gives us a model with which to make decisions and a method to evaluate other people’s behavior as well. It is this concept of judging others that ethics becomes the foundation for professional conduct and therefore, inseparable from our profession.

As a PI, we have a framework by which we can evaluate our choices. Primarily, we have various federal and state regulations and rules that restrict our choices. In the absence of these laws, we should then apply “common sense” by asking ourselves a few simple questions in an effort to arrive at the best answer:

What are the options?
What are the issues?
What are the consequences?

Every decision we make has its own set of consequences. When we make ethical decisions we can expect the results are typically positive, but when we make poor errors in judgment we should expect negative repercussions. Remember that when we chose to become private investigators we accepted the responsibility to bear very specific obligations, which include the precepts of truth, justice and above all else, integrity.