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Using police discretion wisely
Law enforcement ethical dilemma
Ethics in police discretion
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Recommended: Using police discretion wisely
Correcting police misconduct and police officers using professional discretion and crossing ethical boundaries is a colossal challenge that every police department in America has at one time taken on. In order to correct the problem police departments should maintain a written policy regarding the guidelines pertaining to the use of officer discretion and the result of incorrectly using their discretion. Also, training in police ethics and past examples of officer misconduct must be incorporated from the first day at the academy, in addition to annual ethics training. This will lay the foundation for a police department’s success. Reward an officer’s ethical behavior. Rewarding ethical behavior and disciplining officers for unethical …show more content…
Their actions can be deceiving. They manipulate people and situations, they coerce citizens, and are dishonest. They are encouraged and rewarded for their practices. Police officers often lie to suspects about witnesses and evidence. They are deceitful when attempting to learn about criminal activity. Most of these actions are sanctioned, legal, and expected. Although, police officers are allowed to be dishonest in certain circumstances, they are also required to be trustworthy, honest, and maintain the highest level of integrity. To perform their job effectively, police officers lie. They use deception, manipulation, and coercion to obtain information. Police officers often tell those suspected of committing crimes that they have physical evidence implicating the suspect when there is no such evidence. They tell suspects that they have witnesses who have identified or implicated the suspect, knowing full well the witness does not exist. Officers will tell suspects that a polygraph has shown that the suspect was lying when the officer knows that the polygraph did not indicate deception, or was inconclusive. Police officers will conceal their identity, and even deny that they are police officers while attempting to obtain evidence. Some of these practices are justifiable, others may create ethical concerns and some are beyond the law or ethical policing. Police officers abuse their power when they engage in
What the author Elliot Spector concluded on the topic of Should Police Officers Who Lie Be Terminated as a Matter of Public Policy, is that there should be policies that are constantly reminded to the police officers. Ensure that the departments have the Honest Policy in place between the officers and the department. Mr. Spector, indicates that this topic will continued to be discussed because the departments need to interact with the Honesty Policy and Code of Conduct. The department needs to ensure that all the officers have a perfect understanding of the repercussions that can occur for the department and themselves when an officer has a record of lying. The most important aspect that Mr. Elliot makes
The job of a law enforcement officer sometimes can be tough. Officer are sometimes plagued with situation that test their ability to enforce the law and maintain order. Police officers today face a constant battle to maintain higher ethical standards. This mission becomes tougher each day when one considers the importance of fighting terrorism, drugs, human trafficking,
For years police corruption has been a major problem in American society but where is the line between moral and unethical police corruption, many modern movies address this vary issue. Some films portray how types of police corruption can have a positive influence on society, while others show the dark side of police corruption. Many law enforcement agents join the criminal justice with the basic idea of “justice for all,” however, most of them do not realize that the nice guy doesn’t always win. Even though there are vast amounts of movies which specifically address police corruption we will use three main movies for our argument today, mostly LA Confidential, however, also Training Day.
“Police throughout the United States have been caught fabricating, planting, and manipulating evidence to obtain convictions where cases would otherwise be very weak. Some authorities regard police perjury as so rampant that it can be considered a "subcultural norm rather than an individual aberration" of police officers. Large-scale investigations of police units in almost every major American city have documented massive evidence of tampering, abuse of the arresting power, and discriminatory enforcement of laws. There also appears to be widespread police perjury in the preparation of reports because police know these reports will be used in plea bargaining. Officers often justify false and embellished reports on the grounds that it metes out a rough justice to defendants who are guilty of wrongdoing but may be exonerated on technicalities.”
Officers are known as public servants, they are held at higher standards than everyday citizens. According to Wyatt-Nichol & Franks(2009) when officers behave unethically, it is a violation of public trust and damages the image of law enforcement everywhere (p. 40). Officer should receive in-death training of cases that make headlines within the newspapers or media. For example, the Freddie Gray or Eric Garner case could be used in scenarios with the steps taken to avoid any ethical dilemmas they could possibly run into. Updated training should be conducted every 6 months for ethics alone in addition to the yearly training that’s already in place. The civilian review board can recommend more training of officers that engage in unethical behavior or misconduct. Intense training, followed through with morals is important factors to avoiding the civilian review board and their process in reviewing investigations against officers. When all training officers receive has been overlooked and failed to comply. Police officers should be held accountable for their actions, through training officers learn to understand their position and need within the community. Although training is offered yearly and on an as need basics, officers are held to a high standard within their community. Some tend to lose sight of their mission of daily duties which are to maintain order and
In more extreme cases, officers may obstruct justice and lie under the oath to save themselves or a fellow officer from discipline and prosecution (Holbert & Rosa 69). Despite police not taking fault in their actions and going against the oath, it gives government official a bad reputation in the moto of protecting and serving their
Police officers have a great amount of discretion. Since they are not always supervised and on patrol they choose which cases should be process and which one should just be not. Police discretion is the most important part because it determines the outcomes of the interaction between the police and the juvenile. Krisberg and Austin noted that police have five basic options in deciding what course of action to pursue with juveniles. The first one would be release, accompanied by a warning to the juvenile. The second one would be release, accompanied by an official report. The third one would be Station adjustment. Which include release to parent accompanied by an official reprimand, referral to a community youth agency, or referral to a public or private social welfare or mental health agency. Fourth would be Referral to juvenile court without detention and last referral to the juvenile court with detention.
Prosecutorial misconduct is when a prosecutor wrongfully convicts a defendant based on information he or she may keep concealed from a judge and/or jury. Ask the average citizen, and they are totally unaware that such a thing ever happens. The public is often persuaded to believe that all prosecutors are honorable people who are committed to ethics, justice, and upholding the law. But prosecutorial misconduct and misdeeds happen, and they occur more frequently than anyone would imagine. Judge Konzinski, stated to the Washington Post, “Prosecutorial misconduct is a particularly difficult problem to deal with because so much of what prosecutors do is secret. If a prosecutor fails to disclose exculpatory evidence to the defense, who is to know? Or if a prosecutor delays disclosure of evidence helpful to the defense until the defendant has accepted an unfavorable plea bargain, no one will be the wiser.” No wonder society is naive to the prosecutorial misconduct that transpire
The use of discretion in the profession of law enforcement has shown to be an inevitable practice. Police officers routinely use their own beliefs and judgments to make critical decisions that include the life and liberty of the citizens in the community they serve in. Although discretion has both negative and positive sides to it, discretion is impossible to be eliminated from law enforcement. The best way to use discretion in a safe manner is to practice using discretion while on and off duty as well. While practicing discretion, officers should keep their own beliefs and prejudice to themselves and out of line of duty. When police officers are on duty, they must have knowledge of what is going on around them and eliminate discriminatory factors and use confidence to make a lawful
Police brutality, for quite some time now that is all that’s been heard of all over the news. People seem to think that it’s a real threat to society and that they shouldn’t trust the cops. This is usually a bigger topic for minorities such as blacks, Asians, and Hispanics, who seem to think that cops have it out for them. Cops simply do their job and sometimes that includes using force. An example of this would be in the case of Tamir rice. Tamir had what appeared to be a real gun, the orange indicator that indicated it was a toy gun had been removed and from a distance It was easily confused as a real gun. Cops used force considered by many to be too extreme, when in reality cops just assumed the boy was reaching for his gun. No cop wants
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.
There are many controversial issues related to policing. One that sticks out is police discretion. Police Discretion is the exercise of individual choices or judgments that police officers have concerning possible courses of action (Cox, p. 227). Saying that police Discretion needs to be abolished is an unrealistic goal, but better supervision of patrol officers and better departments policies and procedures on the use of discretion is something that we can try to achieve. Police discretion is usually more seen in minor crimes (Ross, p. 98). Minor crimes that are included are seat belt violations, open intoxication, speeding, running a stop sign or red light, and etc. (Ross, p. 96). There are many arguments against the use of discretion in law enforcement. Officers abuse the power of police discretion which can lead to a greater threat in police corrupt. Another is that police officers also only concentrate on going after people of certain ethnicity’s or being bias about a certain crime. A final argument is that there is no uniformed manual to ensure that consistency across the board is achieved. Some people would say that there are plus sides of police discretion. One is that it allows officers the flexibility to handle each situation in a manner that best fits its individual needs. Another argument in favor is that it promotes job satisfactions. Even though there are some good sides to it, it does not out way the negatives. This paper will explain why it needs to be addressed more and corrshow studies and examples of why.
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).
Police corruption is a nationwide problem that has been going on for many years. Not only is corruption a problem on our own U.S. soil, but police practices of corruption go as far east as Europe and Asia. Many studies, polls and examinations were taken to find out how exactly what the general publics’ opinions of the police are. Officers receive a lot of scrutiny over this issue, but for good reason.
Rich, Martin. “An Analytical Look into Police Ethics.” FBI Law Enforcement Bulletin. Vol.80. Issue 5. May 2011. 11-17. EBSCOhost. Web. 12 Nov 2013