Criminal Justice Ethics Policy - Research Paper Example

?CRIMINAL JUSTICE ETHICS POLICY/ PROGRAM College Municipal officers in every department need rules and laws that guide them on what to do to ensure that they are on the right track. This paper lists some of the policies that are set for municipal criminal officers and an in-depth analysis of these policies in the first part of the paper. Part A Introduction Ethics and values are very important for officers that work and serve the public. Without these policies, most officers would have no underlying principles under which they work and as a result most of them would end up working contrary to the expectations. It is the responsibility of the officers to know the policies and ensure that they responsibly follow all these policies without discrimination. This paper is a critical analysis of ethical laws that defines the way that recruited officers to the state shall behave themselves to ensure that they do not behave contrary to their expectation. Divided into two parts, the first part is a definition of the ethics that are set and how applicable they are to the officers whether on duty or not. The second part of the paper is a clear view of all the ethical laws divided into three parts. The first part consists of the principles which define the expectations from the officers. The second part consist of the rational explaining how these laws are to be effective and how applicable they are. The first part of the paper is therefore a broad definition of the second part. What are some of the policy that can be given to new municipal council officers and how can the policies be used to direct the officers in the right direction? Background A municipal law enforcement agency has recruited 250 sworn officers and 100 civilian personnel. As a result of this, the officers need to have a justice ethics policy to guide them all through their work as they perform their duties. Since the officers are newly recruited, the policies have to be clear so as to void any confusion that might be caused in their line of duty. The policy is divided into four principles that group four fundamental principles that the officers have to obey in order to perform their duties effectively as well as help them gain maximum public confidence. The rules that appear under each principle are a clear definition of terms that the officers have to adhere with in order to effectively fulfill the objectives of each principle. Any officer who knowingly or unknowingly disobeys any of these set rules shall have to face maximum disciplinary actions that can be faced based on the actions that they have taken. It is also important for the person to know that ignorance shall not be tolerated and each and every officer has to ensure that they completely read and understand these rules. Support for each entry section The first principle states that “Officers have to conduct themselves with respect to the constitution of the country, the constitution of the state, and any other laws that are applicable to them whether on duty or not.” This principle defines that every officer whether on duty or not has to behave themselves in a principled manner. This does not however limit the behavior of the officer to personal activities that they might carry outside their duty such as exercise. The officer has to understand well what is considered to be good behavior and what is not. This is necessary to ensure that the officer does not have a ground to defend themselves against any accusations made. However, it is relevant to always have in mind that anything that is contrary to good manners and good behavior is always contrary to the law and so the officers should not take advantage of undefined behaviors to defend themselves. The rational of this principle is that all officers have to understand the laws of the country as well as those laws of the state to ensure that whatever they do is within the law and not outside the law (Bayens, 2011). Rules The first rule states that for officers to act within the law, they shall not exceed their authority. This includes such instances such as police brutality that is always a major point of concern especially for new officers. The officers should therefore ensure that they act within their authority and that they do not torture suspects but treat them with respect. Exceeding their authority is against the law and such behavior is subject to disciplinary action. Any officer that respects this law and the constitution shall follow this rule effectively to ensure that they perform as expected. The second rule states that “officers have to respect the laws in all matters that involve criminal procedures”. This means that when officers are performing any criminal procedures such as investigations and interrogations, the officers have to ensure that they do so in accordance to the law. This therefore means that they have to avoid any deceitful ideas or actions that are contrary to the procedures performed (Nebraska, 2004). The third law of this first principle states that “Officers have to know that they have no right to restrict the freedom of any person whatsoever whether they are in detention or are under arrest.” This rule ensures that officers have to ensure that suspects are treated well in accordance with the law. They therefore have to avoid any situation that will cause them to violate the rights of another person. The fourth rule of the first principle states that “Officers shall not commit criminal offences whether on duty or not”. This rule is one of the fundamental rules of the law and the officers have to ensure that they respect it. The officers have to ensure that they do not get involved with any criminal activity since they are the people expected to maintain law and order. Such behavior such as bribery and taking bribes should be avoided by each officer to ensure that they are within the first principle and that they do not disobey the laws of the state. If an officer does not violate any of the four rules, then they shall not have violated the first principle and thus shall be okay. However, there are some petty small actions that are based on common scenes and the officer has to be aware that all these are within the law (Gross, 2012). The second principle states that “Detracting the faith of the public in terms of justice system and integrity has to be avoided by all costs by officers.” This means that officers have to behave in a manner that shows their respect to integrity and justice. They have to do this to ensure that they have the full support of the public since this is vital for their performance. Without this, the officers would have a rough time working since they need the public to help them in their duties. The rational of this principle is that, for the community to cooperate with the officers they have to believe in them and this is only possible if the officers conduct themselves in a manner that will give the society a reason to believe in them (Hagan 2008). Rules The first rule of the second principle states that, “when carrying out their duties, police officers have to ensure that they are fair, impartial and that their actions have no arguable integrity issues”. This rule should be applied by all officers on duty to ensure that they are fair to all parties without involving any personal or emotional feelings. The officer has to know that it is their obligation to serve the public without discrimination and that while on duty, they have to serve everyone as equal irrespective of their personal relationship with the person unless under circumstances such a physical disability. The second rule of the second principle states that, “officers shall not make any accusations that are false. This means that officers have to ensure that they prohibit deception in any criminal investigation or arrest.” False accusation is one of the primary factors that lead to loss of public confidence especially for criminal officers. As municipal officers, officers will on many accounts be given a chance to give evidence based on the findings following an arrest or investigation. It is the obligation of the police officer to give concrete evidence that is real without accusing someone falsely. The third rule of the second principle states that, “when presenting evidence, officers have to ensure that they do so with truth, impartiality and with respect to all manner of laws that are of official nature” this third rule is almost similar to the second rule, however, it is only applicable to the issuance of evidence especially when an officer is in court. The officer has to ensure that whenever they are giving out any evidence, the evidence has to be true and that they do not use force while interrogating a suspect. The fourth rule of the second principle states that, “officers shall ovoid any action that they feel or know violates any the constitutional rights of a person.” The main function of these municipal officers is to ensure that law and order is kept and that every person is able to enjoy their rights wherever they are. Officers should therefore not limit the rights of any individual but work towards ensuring that every right of every individual is kept (Ford, 1923). The fifth rule of the second principle states that “All lawful orders have to be obeyed by the officers and they have to ensure that they respect those in authority. However, they have to refuse any orders that are not lawful. They have to know that they will be judged”. Being an officer is subject to orders. An officer therefore has to respectfully and orderly follow every legal order that is given by their supervisors. Incase the order is illegal then the officer has to refuse and if they take any action in that action then they will be judged accordingly. The sixth rule of the second principle states that “incase an officer notices another officer performing an act that is not allowed by law, they have to report this issue immediately to their supervisors who in turn has to report it to the chief of police for supervision. Incase this offence is committed by the immediate officer, then the officer has to forward this offence to the immediate supervisors supervisor.” This is one of the most important rules that have to be followed by each officer to ensure that they fulfill the requirements of the second principle. If an officer notices another officer violating the law, it is their obligation to report this matter to the immediate supervisor so that a quick action may be taken. They should silently do this without the knowledge of the culprit to allow for a secret investigation. However, officers should know that accusing their fellow officers falsely is one of the biggest offences and so they should avoid this at all cost. There are also minor mistakes that need not to be reported rather the officer might advice his fellow officer on what to do. In case the immediate supervisor is the culprit, then the officer should report this to the immediate supervisor’s supervisor to ensure that the supervisor is dealt with accordingly. Officers therefore should not be afraid to report any mistake even if the person doing the offence is senior to them in terms of rank. The third principle that the officers have to comply with states that, “Officers have to perform their duties impartially and apply the law impartially without discrimination or prejudice whatsoever.” Since officers serve different people of different sexes and race, they have to know that they have the obligation of performing their duties impartially without discriminating against any person. In fact it is also the responsibility of the officers to ensure that no member of the public is discriminated. The rational of this principle is that, “In order for the officers to be effective in serving t he public, they have to gain public trust. The public is only able to trust the officers if the officers are able to perform their duties without discriminating anyone. This therefore means that they have to respect other people while they perform their duties and by so doing, they have to ensure that they work without having any personal feelings towards the person to whom they are dealing with.” The rationale behind these principles therefore defines rules that have to ensure that there is no discrimination against anyone in the public. Rules The first rule of the third principle states that, “officers have to be professional, efficient and effective while providing law services to the people in the society.” Every officer has to be well trained in their profession. Each officer has to be able to know their services to their departments and so by that, they serve the public in a more efficient, and effective manner. The officers have to be professional in all that they do to ensure that they provide quality services to the public (Sigel, 2009). The second rule of the third principle states that, “officers shall never prejudice against color, race, religion, creed, national origin, marital status, sex, disability or any other group of person.” Prejudice against color, race or religion is one of the things that the officer has to avoid. Some officers might prejudice other people who are not of their religion or race due to the tension that exists among these groups of people. As an officer serving the public, it should be heir obligation to ensure that no one is discriminated against so that each and every person can feel safe. Bringing any personal feelings against a particular group of people is not professional and thus should be avoided at all costs. The third rule of the third principle states that, “any decision made by the officers shall be professional and not influenced by color, race, religion, creed, national origin, marital status, sex, disability or any other group of person.” This is almost similar to the second rule rather it emphasizes on decision making. Officers should therefore never base any decision on a preferred religion. This is a rule that is directed at avoiding any prejudice based on any group of people. The fourth principle of the policy is that, “Officers shall act in a manner that gives the public confidence for their action. This means that the officers shall not behave in a manner that will remove the confidence of the people from them. When so doing, the officers have to ensure that they protect the integrity of other officers as well to ensure that they do not remove the confidence that people have in them.” It is the duty of the officers to ensure that the public is safe and that law and order is maintained (Maxfield, 2004). Offices therefore should ensure that the public has confidence in whatever they do. This will make their work easier and in turn ensure that the public is safe. The rationale behind this principle is that, Public confidence is one of the primary factors that determine the way that an officer performs, without this; the officers have little to do since they work for the public. It is for this reason that the officers have to do their best in ensuring that they protect their names and that of other officers so as to gain public confidence. Rules The first rule of the fourth principle states that, “While on duty, no officer is allowed to consume any chemical or alcoholic drink that will impair their decisions to work effectively. However this is only possible if permitted by t he performance act. But in uniform, no officer is allowed under any circumstance.” Alcoholic drinks and chemicals that impair reasoning are some of the factors that lead to poor decision making. Officers have to be sober at all times while on duty to ensure that they fully deliver to the public the best that can be. Any officer found disobeying this rule shall have to pass through a disciplinary committee (Governor's Conference on Criminal Justice, California., & California, 1974). The second rule of the fourth principle states that, “when off duty, the officers shall not consume a lot of alcoholic drinks to the extent that they will be considered unfit for their next duty. When reporting to work, the officer shall under no circumstance have alcohol order from their previous drink. The officers shall not take alcohol and report to work at same time.” Some officers might take the advantage of not taking any alcoholic drink before work but instead take the drink just before they get to work. This is should not happen and officers have to report to work with a sober mind. The supervisors have to ensure that any officer reporting on duty is sober and able to perform their duties well. The third rule of the fourth principle states that, “no narcotics and illegal drugs shall be used by the officers when on duty or not unless this is prescribed by a physician legally. When giving out medications, the officers have to be informed of whether the medication will impair their performance at work. The supervising officer has to be informed in notice about this prescription and its overall effect on the officer.” Since the officers are the ones to ensure that t he public is drug free, they should not be involved in taking such narcotics but instead look for those dealing in drugs as by the law. The fourth rule of the fourth principle states that, “no officer shall be involved in any act that is considered to be sexual harassment under the law of the state. These include making advances that are not welcomed, physical contacts that are not welcomed, verbal contact that is not welcomed, or any other act that is illegal and disrespects the other party.” Sexual offences are some of the most unprofessional actions that some officers are found of. Officers should therefore avoid any instances of such actions by respecting everyone and treating them professionally (Bayens, 2011). The fifth rule of the fourth principle states that, “when off duty, officers shall never get involved in an act that is defined by the law as a sexual offence under the constitution of the state. These include making advances that are not welcomed, physical contacts that are not welcomed, verbal contact that is not welcomed, or any other act that is illegal and disrespect the other party.” This is just the extension of the fourth rule and it ensures that the officer behaves in an appropriate manner when off duty to ensure that they fulfill their professional requirements to the public. The sixth rule of the fourth principle states that, “assault or any behavior that is indecent shall not be performed by any officer whether on duty or off duty. However, it is important to note that sexual assault is not included in a frisk.” Officers have to frisk suspects but should never frisk persons of the opposite sex. The seventh rule of the fourth principle states that, “domestic violence or stalking as defined by law shall not be performed by any officer. There shall be no violation of any court order that prevents the officer from committing any act. This may include restraining orders from having any contact with a petitioner.” As an officer, setting a good example to the public is vital. It s for this reason that officers have to avoid all manner of domestic violence so as to ensure that they fully live as an example to the public. The eighth rule of the fourth principle states that, “officers shall have to be fully dressed and not having their clothes off at any time of the day while off duty. This is however allowed when done with pursuant with the law.” This rule states that officers shall not unnecessarily take of their clothes and expose their nudity to the public. Decent dressing is also a must and the officers should ensure that they are decent at all times of the day when on duty (Hagan, 2003). The ninth rule of the fourth principle states that, “once an officer has started work, they shall not get involved with any persons that is considered to be a criminal or any person who is illegally involved in drugs and other criminal records. However, any association that is necessary for duty is permitted by the law. The association is also allowed if it s based on family or personal relationship.” There are some known officers who get involved with criminals and deal with them. This is an offence and any officer found committing this act shall have to face a disciplinary action (Maxfileld, 2004). At the end, the policy states that anything that is contrary to good manners and common scenes is contrary to the rules and principles of the policy. Officers should therefore ensure that they always behave in a manner that is decent, professional and in accordance to the laws of the state. Part b Justice ethics policy and program In this policy, key definitions of conduct of becoming a police officer are listed to help guide the 250 officers that have been recruited and their civilian counter parts. The policies here supplement ethical standards that are contained in the international police policies. The scope of these policies is to be applied to all the officers that are engaged in official duties. It is important to remember that these policies are applicable to officers on duty even if they are not within the territorial jurisdiction (Nebraska Commission on Law Enforcement and Criminal Justice, 2004). Principle one Officers have to conduct themselves with respect to the constitution of the country, the constitution of the state, and any other laws that are applicable to them whether on duty or not. Rational With this principle, the officers have to understand the laws of the country and any other relevant laws that they have to follow so as to fully practice. Rule 1.1 As they enforce laws, officers shall not exceed their authority. 1.2 Officers have to respect the laws in all matters that involve criminal procedures. 1.3 Officers have to know that they have no right to restrict the freedom of any person whatsoever whether they are in detention or are under arrest. 1.4 Officers shall not commit criminal offences whether on duty or not Principle 2 Detracting the faith of the public in terms of justice system and integrity has to be avoided by all costs by officers. Rational For the community to cooperate with the officers they have to believe in them and this is only possible if the officers conduct themselves in a manner that will give the society a reason to believe in them. Rules 2.1 When carrying out their duties, police officers have to ensure that they are fair, impartial and that their actions have no arguable integrity issues. 2.2 Officers shall not make any accusations that are false. This means that officers have to ensure that they prohibit deception in any criminal investigation or arrest. 2.3 When presenting evidence, officers have to ensure that they do so with truth, impartiality and with respect to all manner of laws that are of official nature. 2.4 Wfficers shall ovoid any action that they feel or know violates any the constitutional rights of a person. 2.5 All lawful orders have to be obeyed by the officers and they have to ensure that they respect those in authority. However, they have to refuse any orders that are not lawful. They have to know that they will be judged. 2.6 Incase an officer notices another officer performing an act that is not allowed by law, they have to report this issue immediately to their supervisors who in turn has to report it to the chief of police for supervision. Incase this offence is committed by the immediate officer, and then the officer has to forward this offence to the immediate supervisors supervisor. Principle 3 Officers have to perform their duties impartially and apply the law impartially without discrimination or prejudice whatsoever. Rationale In order for the officers to be effective in serving t him public, they have to gain public trust. The public is only able to trust the officers if the officers are able to perform their duties without discriminating anyone. This therefore means that they have to respect other people while they perform their duties and by so doing, they have to ensure that they work without having any personal feelings towards the person to whom they are dealing with. Rules 3.1 Officers have to be professional, efficient and effective while providing law services to the people in the society. 3.2 Officers shall never prejudice against color, race, religion, creed, national origin, marital status, sex, disability or any other group of person. 3.3 Any decision made by the officers shall be professional and not influenced by color, race, religion, creed, national origin, marital status, sex, disability or any other group of person. Principle 4 Officers shall act in a manner that gives the public confidence for their action. This means that the officers shall not behave in a manner that will remove the confidence of the people from them. When so doing, the officers have to ensure that they protect the integrity of other officers as well to ensure that they do not remove the confidence that people have in them Rationale Public confidence is one of the primary factors that determine the way that an officer performs, without this; the officers have little to do since they work for the public. It is for this reason that the officers have to do their best in ensuring that they protect their names and that of other officers so as to gain public confidence Rules 4.1 While on duty, no officer is allowed to consume any chemical or alcoholic drink that while impart their decisions to work effectively. However this is only possible if permitted by t he performance act. But in uniform, no officer is allowed under any circumstance. 4.2 When off duty, the officers shall not consume a lot of alcoholic drinks to the extent that they will be considered unfit for their next duty. When reporting to work, the officer shall under no circumstance have alcohol order from their previous drink. The officers shall not take alcohol and report to work at same time. 4.3 No narcotics and illegal drugs shall be used by the officers when on duty or not unless this is prescribed by a physician legally. When giving out medications, the officers have to be informed of whether the medication will impair their performance at work. The supervising officer has to be informed in notice about this prescription and its overall effect on the officer. 4.4 No officer shall be involved in any act that is considered to be sexual harassment under the law of the state. This include making advances that are not welcomed, physical contacts that are not welcomed, verbal contact that is not welcomed, or any other act that is illegal and disrespect the other party. 4.5 When off duty, officers shall never get involve in an act that is defined by the law as a sexual offence under the constitution of the state. This include making advances that are not welcomed, physical contacts that are not welcomed, verbal contact that is not welcomed, or any other act that is illegal and disrespect the other party. 4.6 Sexual assault or any behavior that is indecent shall not be performed by any officer whether on duty or off duty. However, it is important to note that sexual assault is not included in a frisk. 4.7 Domestic violence or stalking as defined by law shall not be performed by any officer. There shall be no violation of any court order that prevents the officer from committing any act. This may include restraining orders from having any contact with a petitioner. 4.8 Officers shall have to be fully dressed and not having their clothes off at any time of the day while off duty. This is however allowed when done with pursuant with the law. 4.9 Once an officer has started work, they shall not get involved with any persons that are considered to be a criminal or any person who is illegally involved in drugs and other criminal records. However, any association that is necessary for duty is permitted by the law. The association is also allowed if it s based on family or personal relationship. NB: anything that is contrary to good manners and behavior is contrary to the ethical policy. References Maxfield, M. G., & Babbie, E. R. (2004). Research methods for criminal justice and criminology. Belmont, Calif: Wadsworth. Hagan, F. E. (2003). Research methods in criminal justice and criminology. Boston, MA: Allyn and Bacon. In Ford, J. (1923). Social problems and social policy: Principles underlying treatment and prevention poverty, defectiveness, and criminality. Boston: Ginn and Co. Bayens, G. J., & Roberson, C. (2011). Criminal justice research methods: Theory and practice. Boca Raton, FL: CRC Press. Governor's Conference on Criminal Justice, California., & California. (1974). Project safer California: Report of the advisory committees presented to the Governor's Conference on Criminal Justice, December 2, 3, 4, 1974, Sacramento, California for consideration by the California Council on Criminal Justice. Sacramento, Calif: Office of Criminal Justice Planning. Siegel, L. J., & Senna, J. J. (2009). Essentials of criminal justice. Belmont, CA: Wadsworth Cengage Learning. Hagan, F. E. (2008). Introduction to criminology: Theories, methods, and criminal behavior. Thousand Oaks, Calif: Sage Publications. Gross, K. A., Nielsen, V. G., Baran, J. W., & Practising Law Institute. (2012). Corporate political activities, 2012: Complying with campaign finance, lobbying and ethics laws. New York, N.Y: Practising Law Institute. Nebraska Commission on Law Enforcement and Criminal Justice. (2004). Nebraska Commission on Law Enforcement and Criminal Justice: Operating instruction. Lincoln, Neb.: Nebraska Commission on Law Enforcement and Criminal Justice. Read More