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Unjust vs just
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Thesis Internal affair investigations is a social control measure put in place by police departments to ensure assigned officers do not commit ethical violations or actions that result in professional misconduct. Due to the sensitive nature of these investigations, all facts presented in favor of and against the accused must be thorough and accurate. Proper training of department supervisors is critical to the discipline and performance of subordinate officers.
Introduction
This paper is an analysis of the ethics of internal affairs investigations, and whether it is ethical for police personnel to investigate themselves. A case study of a well-known internal affairs investigation will be discussed, which in-turn will add practical
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If all members of society conducted themselves honestly than our country would not need daily laws which to abide by. If this were the case, than naturally all citizens would understand what is correct and what is not, and conduct themselves accordingly. From a deontology perspective it would be the individual duty of each person to uphold justice and righteousness. When speaking of police officers, they are viewed by society as those members who are not only supposed to enforce the law but uphold the law as well. If police officers conduct themselves in such a way as do what I say and not as I do, than the credibility that comes with their professionalism is lost. Unfortunately, many times to often there have been officers who have crossed the fine line separating just and unjust, thus their actions have warranted internal affairs investigations. “Each time we act, we make the world different from what it would otherwise have been. And the more good we can do the better. So the right action is the best one; the one that produces more good and less harm than any other” (McNaughton, 1998, p. 37). When an officer is placed under internal investigation, the investigators approaching the situation with a deontological approach is the best and only way to handle such a circumstance. People do not gain more individual rights by taking the sworn oath of an officer, in reality individual rights are lost because there is little to no room for human error. Internal affairs investigators are expected to conduct themselves as the best of the best and their behavior professionally must be at an untouchable and righteous level. Haphazardly approaching an internal investigation involving a police officer is the same as having a utilitarianism outlook, and ethically speaking looking at a possible unlawful act with a blind eye is
In 2005 NYPD Detective, first grade, James E. Griffith called internal affairs to report he was being pressured by a fellow officer to lie and take the blame during an internal inquiry for the mishandling of a homicide investigation by his unit (Goldstein, 2012). Another detective and union official claimed in his deposition that Griffin was a rat because he went to internal affairs instead of the union (Marzulli, 2013). According to the United States District Court Eastern District of New York’s memorandum of decision the retaliation was immediate, included adverse personnel actions and continued though out his career in different units until Detective Griffith was effectively forced to retire due to the harassment in 2009 (James Griffin v. the City of New York, n.d.). Griffin eventually filed a legal sit against The City of New York, the NYPD and two of the officers involved individually. This case study will analyze the incident, whistleblower laws and the ethical challenges involved.
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
When police officers investigate suspect, especially a criminal suspect, public interest was against and officers owe a duty of care to general public for the purpose of public safety. Meanwhile, private interest was against as well and officers owe a duty of care to suspect to ensure suspect’s rights and avoid charging innocent person. In order to balance these two conflict interests, a clear standard of care need to be established so police officers could follow the procedures to prevent negligent investigation.
Lyman, D. Michael; Criminal Investigation, The Art and Science; 3rd edition, 2002 Prentice Hall. Pgs. 188-200.
Martin, Rich. "Police Corruption: An Analytical Look into Police Ethics." The FBI Enforcement Bulletin May 2011: 11+. Academic OneFile. Web. 9 Feb. 2015.
"A policeman’s first obligation is to be responsible to the needs of the community he serves…The problem is that the atmosphere does not yet exist in which an honest police officer can act without fear of ridicule or reprisal from fellow officers. We create an atmosphere in which the honest officer fears the dishonest officer, and not the other way around.", -Frank Serpico.
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,
Police Officers Oath of Office and Code of Ethics, A Question of knowledge Richard W. Deshon (2000) retrieved from: www.emich.edu/cerns/downloads/papers/PoliceStaff/
The focus is on the issues of police accountability in modern society, and in particular why their accountability is more important than other professions. This is not surprising considering the amount of power and discretion police officers have, and the level of trust that the public holds with these civil servants. Police officers accountability is the biggest thing in their profession which has been an issue of concern they have to be accountable to the police department who want the officer to be an effective and responsible person, to people in the community who have best expectation from an officer and being accountable to themselves for their acts. An ordinary citizen of a country cannot obtain the powers that police officer’s have.
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).
The definition of ethical behavior usually includes the a few things that are the known standards and expectations of society, including trustworthiness, respectfulness and most importantly humility. Usually, these ethical standards are also accepted as professional standards. For law enforcement officers, these standards also include integrity and courageousness. According to an arrival written by the United States Department of Justice, entitled “Ethics and Integrity”, all of these characteristics are fundamental to the effectiveness of police officers and the connections they strive to build with the communities they work in.
Vicchio, Stephen. “Ethics and Police Integrity.” FBI Law Enforcement Bulletin. July 1997: 8-12. EBSCOhost. Web. 12 Nov 2013
The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers