As stated in the textbook, police often have to make decisions on their own, with only their moral compass to guide them. Most ethical dilemmas that police officers face derive from their powers of discretion. Moral dilemmas that police officers face are often frequent and unavoidable. They are often unpopular with many people, resolved quickly, and are often dealt with alone. Individual prejudices and perceptions of groups such as minorities and homosexuals can influence their decision making. If these prejudicial attitudes toward groups affect decisions made by officers those groups may not receive the same protections as other citizens. This is discrimination, which can take the form of either enforcing the law differently or withholding …show more content…
Accepted lies are used during undercover investigations and the like. Accepted lies must meet certain standards. They must be in the advancement of an organizational purpose, must show a relationship between the need to lie and the accomplishment of the purpose, and they must only be used in order to better serve the public interest than the truth. Tolerated lies are “necessary evils,” lies during interrogation or threats to troublemakers are considered tolerated lies. Deviant lies are used in courtrooms to make a case or to cover up wrongdoing. These lies are seen in situations such as law enforcement officers pretending to be “Johns” trying to hire prostitutes or placing a fake moose in Alaska by the side of the road to entice hunters. It is necessary for law enforcement to use lies and therefor, imperative that they discretion while doing …show more content…
Connor, the Supreme Court held that the test used for whether force was excessive should be “objective reasonableness” and not based on how much pain an officer inflicted upon a suspect. They remanded the case to a lower court based on their described standard. Under this standard (or test), officers have the right to use “reasonable” force in any interaction with the public. They are not obligated to use the least possible force as long as the force is objectively reasonable. The test indicates that the use of force should be from the perspective of the officer on the scene at the time and not in
In the case, U.S. Supreme Court Graham v. Connor, the Fourth Amendment of the Constitution was applied. It seems that before, the standard for judging unreasonable force, or actionable force, was just whether the officer used that force out of deliberate cruelty, or whether he really meant to protect public safety. The conclusion of the Supreme Court was that this is not a good enough measure. Just because he had good intentions does not mean that the force, search, and seizure were not reasonable and that the person's rights were not violated.
The prospect of a racially discriminatory process violates the ideals of equal treatment under the law under which the system is premised (Kansal, 2005). Law enforcement, as the frontline of the criminal justice system, has a great deal to do with who ends up being incarcerated. Law enforcement personnel are the initiating beings who start the path to incarceration for individuals they come in contact with. Their decision in terms of making a stop, making a report, making an arrest and so on determines if and how that individual will enter the criminal justice system. One discriminating practice used by police officers is racial profiling.
The ethical theory I will rely on for my scenario is formalism. Considering that this is a public servant and that the main goal of formalism is to carry out obligation and duty, formalism is the theory that will apply. Adhering to this theory means you treat everyone, regardless of status or relationship, the same. It would also mean that you could not use one person as a means to an end (Albanese, 2012). Therefore, doing a favor for the mayor for personal gain, such as a promotion, is clearly not alright.
Each position in criminal justice holds power and responsibility, and therefore, it is very important that said people in those positions do not abuse it. Unethical behavior in the criminal justice system takes away trust and respect from authority, and as a consequence, the law is more easily disregarded if the people lack faith in the system. It can, also, contribute to crime and/or cause citizens to not report crimes. Society should have indubitable confidence in the men and women of the criminal justice system. Law enforcement officers violating even the smallest rule could lead to more serious infractions. Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized." Having less than ethical persons in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime.
There are several ethical issues that surround police corruption and discretion. Police corruption is defined as police misconduct. This occurs when police officers break their social contract by abusing their authority for personal advantages, department advances, or both. According to social contract theory, police officers are obligated to follow the code of ethics and moral standards of the criminal justice system. Police discretion is defined as the power to make decisions as to whether or not to follow police procedure and protocol, or give someone a
Minority groups have always been underrepresented in police forces across the United States. One of the main reasons minority groups are underrepresented in police department is due to the negative interaction White officers have had with citizens of minority groups. According to McNamara and Burns (2008), members of minority groups feel police officers abuse of their authority by overstepping the boundaries of procedural laws, which dictates how the police are to use their powers. The conflicts between minorities and White officers has caused many individuals from minority groups to not be attracted to the police work. Moreover, individuals from minority groups do not apply for police work because they feel they would not be accepted in policing,
In law enforcement, discretion is left up to each police officer to make responsible and reasonable decisions on situations while in the field. A police officer will have no choice but to use discretion in certain situations and make decisions on what type of force or punishment is necessary for the situations. Many people in the society always believe that police officers can make any decision they wish to at any time while working. This is very wrong because there are situations whereby a police officer or even the chief of police has no other choice, but to follow the law in making decisions. The role of the police administrator is double challenging because, he/she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members ...
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
Police ethics are extremely important because ethics are the typical of “fair and honest conduct” (pg 460). People may have a different definition of what is fair and what is honest, and there are different circumstances where officers may not be able to be honest; such as covert investigations. Society in general determines what our ethical standards and moral principles are. Individual morals vary among all of us as they are what we as an individual consider to be right or wrong. We also have morals that are set by society. These are what we as a society consider to be right or wrong and may go hand in hand with individual morals. Morals change as society and people change, therefore we as a country have to adapt to what the changing morals are.
Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).
A Critical Assessment In defining police ethics, ethical policing and police ethics are not synonymous or interchangeable connotations to or for one another. Aside from establishing a police role independently from establishing any definition of ethics or police ethics, the semantics tend to complicate the defining process. Some of these complications include, but are not limited to, sociological aspects, psychological conditions, or philosophical reasoning. Examples of sociological complications include historical, political, cultural, or economic aspects. Some psychological examples include one’s ability to discern sociological implications from other implications; namely, the condition of post-traumatic stress disorder, hydrophobia, or even weary dreams. Lastly,
Lying is an issue that has been debated on for a long time. Some people believe that lying is sometimes ok in certain circumstances. Some people believe lying is always acceptable. In contrast, some believe lying is always bad. Keeping all other’s opinions in mind, I believe that lying is a deficient way of solving problems and is a bad thing. I claim that only certain situations allow the usage of lies and that otherwise, lying is bad. Dishonesty is bad because it makes it harder to serve justice, harms the liar individually, and messes up records. Furthermore, it should only be said to protect someone from grave danger.
Police discretionary practices vary from officer to officer and every officer is differently trained by departments. Without the proper use of discretion out on the field, police officers are left open for legal suit actions however, if the officers are trained and exercising the use of discretion in a good manner, each individual officer can be held accountable. The second disadvantage of use of police discretion is that it allows the police officers to have too much power on making decisions which can affect the life, safety or liberty of an individual (Bargen, 2005). Police discretion presents a clear danger to society because the average officer can make a poor decision and affect the life of a person or persons. If discretion in law enforcement is used in a wrongful manner, it has great potential for being abused out of the field. Discretion allows police officers to “perform a duty or refrain from taking action” (Gaines & Kappeler, 2003, p. 251). Police officers are supposed to enforce equality under the law, people in society all should have equal rights and should be treated the same. However, discretion allows police officers to misuse it by treating offenders of different genders, race, class, ethnicity, religion, age and more inappropriately (Pepinsky, 1984). Law enforcement officers are
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).