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Nature of police culture
Police authority and power
Nature of police culture
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Police officers have enough power as it is and with civil asset forfeiture, they are given even more power. They are allowed to take our homes, our money, and our prized possessions if they have proof beyond a reasonable doubt that it’s involved in a crime. Civil asset forfeitures also vary by state. Most people don’t even go after the police in court for the stuff that they seize from them due to the process they have to go through. This cases tend to appear as United States of America v. 120,000 dollars in currency. Civil asset forfeiture is something that needs to be put to a stop because of the little limit to what can be done with the money and some of the people not being directly affected by it. Police officers are able to do whatever they want with money or other items they confiscate. It has been proven that some of the money taken in the United States has been used for pointless items that have nothing to do with better the police station. Williams states,“The state and federal laws illustrated above allow law enforcement much leeway in the use of forfeited funds, and, coupled with the lowered due process protections in civil forfeitures, it is no surprise that law enforcement agencies engage in this practice” (Williams 327). Citizens feel that it should not be this way …show more content…
because not all things that police departments enforce are 100 percent effective. There are things that certain states have provided for police officers who confiscated crime-related property.
Ronald Helm discusses the studies that are done about the profit- based incentives that come from civil asset forfeiture cases. Helm asserts, “Benson et al . (1995) examine the policy and bureaucratic underpinnings of asset forfeiture by analysing forfeiture case processing in several Florida police agencies. They conclude that the effects of the Comprehensive Crime Act of 1984, particularly those sections pertaining to asset forfeiture, provided police agencies with incentives to pursue forfeiture cases and that doing so has resulted in expanded budgetary discretion” (Helm
4). Not everyone is going about their day committing crime so why do police feel that they need extra tasks to do. Crawford declared, “After three years, the United States District Court for the District of Massachusetts ruled that the government had failed…consideration of a number of factors, including the small number of crimes occurring at the Motel over many years, Mr. Caswell’s lack of involvement in any drug-related incidents, and the minor scale of the drug-related crimes” (Crawford 259-260). Poor Mr. Caswell was dragged into a mess of allegations for three years only to find out there was no proof of his involvement of anything. Why should our people suffer at the likes of other people’s and the police’s mistakes? Even someone we could be doing nothing at all can’t have their actions justified by just explaining what occurred prior to their property being seized. Property seizure (in the form of money or someone’s home) is something that needs to be put to an end because of the trivial limit to what can be done with the money and some of the people not being the suspect of the said crime. The government already has enough power as it is, so why do we allow them to have anymore?
As taught in the lectures, it is impossible for police officers to win the war against crime without bending the rules, however when the rules are bent so much that it starts to violate t...
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
Police officers are often confronted with the ethical dilemma of whether or not to accept gratuities. This dilemma is an aspect of police discretion and an example of the choices that officers are forced to make. Police officers have discretion when confronted with choices such as whether or not to charge an individual, how to handle certain situations, or whether to accept a gratuity. This purpose of this article is to inform readers that police discretion not only encompasses use of force, police profiling, or domestic violence responses, but that police officers also have discretionary choices when gratuities are offered to them. Should police officers accept a gratuity, or should they politely decline these offers? Based on a community policing style of policing, it is necessary to ensure that police officers do not accept gratuities because it is important that officers recognize everyone in the community, not just those who may offer gratuities. This is because accepting gratuities may lead to favoritism by the officer, it may have an unintended effect on the relationship between other members of the community, it may lead to corruption within the department, and overall treatment of officers to members of the community who do not offer gratuities.
Administratively, this option is somewhat feasible because it requires the work of state accountants to place civil forfeiture proceeds into the general fund. Financially, this option is the most feasible because it requires no cost. This option is somewhat equitable and effective because it provides some protection for citizens because it takes away some of law enforcement’s incentive to seize property as they are no longer in control of their own
The day-to-day operations of police departments across the country are largely handled at the state and local level. The federal government does have a role in local policing, primarily through the provision of federal funding for law enforcement for a variety of programs such as crime deterrence initiatives, hiring of officers, purchasing equipment, training, and creation of cross-jurisdiction task forces (Jawando, Michele L. and Parsons, Chelsea). The Department Of Justice should take a more active approach in setting expectations for police conduct nationwide and ensure compliance with those standards by conditioning participation in federal task forces on the adoption of certain standards, policies, and training and through penalties in federal
Police officers often encounter situations where the decision to use discretion challenges the way and the type of job that officers would normally conduct. Each day an officer is on the job, discretion when it comes to job duties appears, sometimes without any warning. Officers constantly struggle with the appearance of discretion, and often times do not know how to handle the situation when it does appear. Discretion may take many different forms in the job duties, but it always involves the officer letting a crime “slide,” rather than questioning every suspicious person. Letting a crime “slide,” for certain offenders, is of great concern for the administrators of police departments, because there is potential for ethical issues to surface later on. This essay will examine police discretion, factors that influence discretion, whether exercising discretion is appropriate, and the concerns that administrators have when it comes to police using discretion in the field.
Martin, Rich. "Police Corruption: An Analytical Look into Police Ethics." The FBI Enforcement Bulletin May 2011: 11+. Academic OneFile. Web. 9 Feb. 2015.
Time may pass and personal morals may change, but one of the strengths of the United States of America is its unwavering dedication to justice. Throughout time, this country’s methods and laws have grown and adapted, but the basis of the law enforcement’s work has remained the same: the safety and interest of the people.
Perceptions of police legitimacy are shaped by whether police are seen as exercising their authority fairly and lawfully (Tyler, 2010). Traditionally, police think about crime fighting strategies in terms of whether or not the strategies are legal and if they successfully reduce crime (Kennedy, 2011). Therefore, damaged legitimacy could make policing more difficult for law enforcement. Treating a community as if it is the problem is not only an inefficient use of police resources, it also loses the goodwill of the community. Police should
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.
In our times, the police have become the criminals. Some police are using their power to do bad things, and society has come to fear police. The law enforcement system needs change. The courts have failed the police, and the police have turn to other means of justice. We must stop the corruption in the police force.
The police enforce laws at local, state, and federal levels. One of the duties that the police perform under their legitimate rights is search and seizure. For the police to prevent unnecessary claims, search and seizure as other duties must be performed in conformity with prevailing laws it may be local, state or federal even though some exceptions might apply. The Fourth Amendment and the Fourteenth Amendment of the United Sates (US) Constitution provide the rules that apply to search and seizure at federal and state levels (Varone, 2012). As it is obvious, search and seizure is somewhat a privation of liberties, and thus, some citizens contest such behaviors by filling law suits against law enforcement officials. A Kansas inhabitant appealed
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).
Race has played a big role is these searches as well. Out of the 114 police stops, an astounding 96 were African-American citizens, and 30% of those 96 stops were more than likely to be unconstitutional, compared to 22% of whites that were stopped. Brutality has also been an issue linked with these unconstitutional traffic stops. It’s so common between cops that there’s a tendency for repeated abuse of power and it’s basically turned into the “norm”. This isn’t good because with cops thinking like that it gives them somewhat of a necessity to break the law. They basically feel that in order for them to enforce the law they have to break some. Cops practice this unwritten rule everywhere, especially Los Angeles’ CRASH unit. Corruption was so common in the CRASH unit that they had standard procedures to cover it up if something went wrong. Overall, the LAPD didn’t have the strong support it needed from the community. Officers were distrustful of management, had low morale, engaged in racial profiling, and did
I chose to research on the topic of why police officers engage in corruption, because it’s a problem that’s very sensitive to me. I grew up in Lagos, Nigeria and whenever I thought of a police officer, I couldn’t help but think of corruption. I always felt police officers were only corrupt in Nigeria but once I started studying the criminal justice system in the United States, I realized it’s actually a global problem; some are just more exposed than others. According to Sayed and Bruce (1998), “Police corruption is any illegal conduct or misconduct involving the use of occupational power for personal, group or organizational gain.” They also referenced the South Africa’s law in trying to define corruption. The law states that whosoever offers