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The importance of ethics in criminal justice
Discuss the major ethical issues in criminology
Ethics in criminal justice
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The ethical battles of criminology are being played in the streets with law enforcement and state/local laws attempting to find the methods that do not illegally encroach on civil liberties, but also give law enforcement the tools it needs to maximally solve and reduce crime. New laws are implemented to give the law enforcement those tools, but when people’s rights are infringed the courts have to determine the intricacies of the practices. Court rulings and especially the Supreme Court cases should be studied because it not only reviews the law and the legality for which the consequences for both civilians and law enforcement themselves. The opinions give the reasons and not only a short description of the case with the facts, but also …show more content…
the technicalities of the rulings and what to keep in mind for a reversal of that ruling with the dissenting opinion. This can give law enforcement the true spirit of the law. Despite the lackluster total amount of cases the Robert’s court, these law enforcement cases have been numerous.
In United States v. Jones (2011) the Supreme Court ruled that a GPS tracking device on a vehicle is a search and must have a valid warrant for its use on the vehicle of the suspect. There was originally a warrant issued, but it had expired one day late, but instead of requesting a new warrant, the process of the GPS installation took place without it valued. This case demonstrates the strong perspective upon an automobile for personal locked property.
In Fermamdez v. California (2013) the Supreme Court ruled that a person’s home can be searched without a warrant if the one of the occupiers of the house has given consent if the dissenting party to the search is legally detained by the police. This can streamline investigations with just communication with the occupants without the trouble of contacting a judge to get the warrant.
In the United States District Court of the Southern District of New York ruled in David Floyd, Lalit Clarkson, Deon Dennis, and David Ourlicht, individually and on behalf of a class of all others similarly stated v. The City Of New York (2013), the rights of law enforcement to cease and desist the practices of “Stop-and-Frisk”. This practice was credited by Mayor Bloomberg for having a strong reduction in the amount of crime in New York City but at a cost of violating the 4th amendment rights of citizens but also especially against
minorities. In Arizona v. United States (2012) the immigration bill was brought under examination. The slaw was partially struck down for special holdings for aliens, but the controversial “show me your papers” was upheld. The idea of this was that people who have Hispanic characteristics have to prove their citizenship for just being a minority in the state of Arizona. The Supreme Court case of Riley v. California, (2013) the Court ruled that a cell phone has become more advanced with all of its data features, and now requires a warrant for examination. When a phone was simply a device for phone calls and not for massive amounts of information, any examination would have been carte blanche but also with little more evidence that could be found beyond fingerprints. These cases can give a more definite rights and liberties to both the citizens and the law enforcement to know what is legal and illegal. Ignorance of the law is no excuse for the breaking of the law, so everyone should be aware of what the law actually is. In a changing world with increased technology the use of tracking devices can be used by law enforcement but must be carefully inbounds of the warrant.
Harris" while the defendant Harris refuse permission to search his car, the sniff dog alerted the officer in charge about the controlled substance in the car handle which stands for a probable cause (Constitution Daily, Folrida v. Harris). With the above three case in mind, one can conclude that the IV Amendment is as easy to violate as easily as it protects the citizen. Sniff dogs are one of many other cases that has contributed to the questioning the IV Amendment along with racial profiling. Another major issue that has kept the controversy of 'unreasonable search and seizure ' is the use of GPS Surveillance on a suspect vehicle. 'United States v. Jones ' the case where judge ruled the evidence obtained were by usurping Jones, hence not acceptable in the court. Jones was arrested by the use of GPS to track his activity for a month, without judicial approval (Body Politic, United States v. Jones). Since the fourth amendment provides protection for search and trespass, the method was direct violation of the constitutional right and Jones was set free from all the charges. Although Jones was found in possession of drugs and should be behind bars, officials should have followed proper protocol to rightfully arrest him. People like Jones should be punished, but being protected by the constitution the proper procedure must be
The judicial system in America has always endured much skepticism as to whether or not there is racial profiling amongst arrests. The stop and frisk policy of the NYPD has caused much controversy and publicity since being applied because of the clear racial disparity in stops. Now the question remains; Are cops being racially biased when choosing whom to stop or are they just targeting “high crime” neighborhoods, thus choosing minorities by default? This paper will examine the history behind stop and frisk policies. Along with referenced facts about the Stop and Frisk Policy, this paper will include and discuss methods and findings of my own personal field research.
In 1990, there was a total of 2,245 murders in New York, but over the past nine years, this total has been less than 600 (NYCLU). However, there has not been evident proof that the stop-and-frisk procedure is the reason of the declination of the crime rate. Indeed, stop-and-frisk contributes to some downturn of crime but the number is not high enough for the citizen and police to rely on. Specifically, only 3% of 2.4 million stops result in conviction. Some 2% of those arrests – or 0.1% of all stops – led to a conviction for a violent crime. Only 2% of arrests led to a conviction for possession of a weapon (Gabatt, A., 2013). In other words, the decrease in crime due to stop-and-frisk is mostly due to the discovery of possessed of weapons. Therefore, stop-and- frisk is not an effective procedure to use because it does not represent a huge impact in people’s safety (Gabatt, A., 2013). The author has done research about how police base their initiation towards the procedure of stop-and-frisk. Researchers have found that stop-and-frisk is a crime prevention strategy that gives a police officer the permission to stop a person based on “reasonable suspicion” of criminal activity and frisk based on “reasonable suspicion” that the person is armed and dangerous. This controversy is mainly because of racial profiling. “Reasonable suspicion” was described by the court as “common sense” (Avdija, A., 2013). Although, the
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
“From 2005 to mid-2008, approximately eighty percent of total stops made were of Blacks and Latinos, who comprise twenty-five percent and twenty-eight percent of New York City’s total population, respectively. During this same time period, only about ten percent of stops were of Whites, who comprise forty-four percent of the city’s population” (“Restoring a National Consensus”). Ray Kelly, appointed Police Commissioner by Mayor Michael Bloomberg, of New York in 2013, has not only accepted stop-and-frisk, a program that allows law enforcers to stop individuals and search them, but has multiplied its use. Kelly argued that New Yorkers of color, who have been unevenly targeted un...
This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor by the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technological invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth, depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
The stop-and-frisk policy could be considered a big controversy facing New York in recent times. The whole concept behind this stopping-and-frisking is the police officer, with reasonable suspicion of some crime committed or about to be committed, stops a pedestrian, questions them, then if needed frisks the person. This policy started gaining public attention back in 1968 from the Terry v. Ohio case. A police officer saw the three men casing a store and he believed they were going to rob the store; this led to him stopping and frisking them. After frisking them, he found a pistol and took the weapon from the men. The men then cried foul and claimed they were unconstitutionally targeted and frisked.
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.
One of the major court decisions for the “Search Incident to Arrest” was Gant vs. Arizona. Rodney Gant was arrested for driving with a suspended driving license. When the police officers arrested him and had him hand cuffed in the back seat of the police car, they then did a search on his vehicle. The police then didn’t have a reason to think there were illegal things in his car just from driving with a suspended license. The search warrant to arrest states that a police officer may conduct a warrantless search if there are any suspensions found within the area. In Gant versus Arizona this was not the case. The police officer had no reason to search Rodney’s car just because he had a suspended drivers license. As the police officer was searching the car he found cocaine in a jacket pocket in the back seat. A previous case ruling such as New York versus Belton, they had made the bright-line rule. The bright-line says that a police can search the compartment on the passenger side of a vehicle or any containers that are within the reach or “grabbing area” of the arrestee. Later over the years there was another court casing, Thornton versus United States. During the courts ruling they had changed the Belton rule again. It now said that the police cannot pursue a warrantless search if the arrestee is secured and locked up in a police car and has no access to the inside of the vehicle. After hearing the revised rule, the court did not give up. In the final courts ruling, a police can still perform a warrantless search only if there is any reason to believe there is other crime related evidence in the vehicle. Since the time of Gants arrest the police had no suspicions to conduct a warrantless search because of a suspended driving license, Gant
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
The stop and frisk program is a concept that has been employed in the New York City for some few decades not. The program was conceptualized after a careful consideration of the crime rates increasing in the city. As such its core function has been to promote a crime-free society within and in the city. However, the program has had mixed feeling from various stakeholders especially the civilians who have filed complaints with Civilian Complaint Review Board (CCRB) against NYPD police officers.
Public criminology takes information, research and education to the next level, as discovered through this essay. It doesn’t just include lab work, research and discoveries, it involves community based teaching in a way that the public can be informed and educated through upfront communication. Throughout this essay, the broad definition of public criminology will be discussed as well as its relevance to society. As with anything, there are challenges and promises that accompany public criminology and those will be stated in this essay. Examples will be given to help you learn the different concepts of public criminology and how it relates to our modern society. Given as a starting point, according to Larson (2012), public criminology involves:
In this paper I am going to discuss search and seizure and how it affects us and what effect it has on us. Search and Seizure is the fourth amendment in the constitution. Its purpose is to protect people from unreasonable searches. It also helps officers from making unlawful arrests.
Critical criminology, also known as radical criminology dates back to the concepts of Marxism. Despite the fact that Fredric Engels and Karl Marx were the founders of contemporary radical criminology, none of them gave explicit focus to crime. William Bonger (1876-1940), a Dutch criminologist was a more direct founder of this concept. It gained popularity during the early 1970s when it tried to explain the causes of contemporary social mayhem. He used economic explanations were used by critical criminology to analyze social behavior by arguing that social and economic inequalities were the main reason behind criminal behavior (Henry & Lainer, 1998). This view reduces the focus on individual criminals and elaborates that the existing crime is as a result of the capitalist system. Just like the conflict school of thought, it asserts that law is biased since it favors the ruling or the upper class and that the legal system that governs the state is meant to maintain the status quo of the ruling class. Critical criminologist are of the view that political, corporate and environmental crime are not only underreported but also inadequately punished by the existing criminal legal system.
Criminal Justice professionals make decisions everyday and they have to be able to recognize when an issue involves ethical considerations. Therefore, in order to recognize these issues and make appropriate and correct decisions, it is important that the criminal justice professional study ethics. In order to make a good ethical decision the professional will have to have the ability to apply knowledge of ethics, know the ethical terminology and the concepts needed in making a good ethical decision.