Law and Ethics in Policing and Law Enforcement - Essay Example

? Law and Ethics in Policing and Law Enforcement Poverty and Crime Although crime exists everywhere, it is more rampant inthe poverty zones. According to Siegel & Worrall (2011), people who live in poverty face increased risk of adverse outcomes like criminal activities and poor health. In addition, poverty is mostly accompanied with unemployment such that the victims of poverty cannot adequately cater for their basic needs. The impoverished hence choose to acquire the wealth that they cannot afford by using underhand and illegitimate means. This leads to prevalence in property crime in poverty stricken areas. Generally, children who are brought up in poverty have a high propensity to commit crime which is further accelerated by population factors (Siegel & Worrall, 2011). A child from a poor background is more likely to involve in criminal activities than one from a well off background. In addition, populations that are majorly composed of young generation below 25 years and jobless at the same time, results in higher crime rates than a scenario old poor generation people. Moreover, the poor face more frustrations in life and are therefore more predisposed to mental illnesses than the rich and the affluent (Siegel & Worrall, 2011). The mental stresses and instabilities may lead individuals to commit violent acts, robbery and theft. At the same time, poverty causes the youth to view education with less prestige since they feel it does not warrant access to good jobs. Most poor youths do not have a connection with mentors and role models due to perceived or actual inferior education. The feeling will facilitate their forming groups and gangs which are a leeway to crime. Homicide Before making a decision on the fate of the woman, I would solicit to know the reason for her conduct towards her husband given that she knew that the husband was drunk. The husband is considered as not being of a stable mental state in his drunkenness (Siegel & Worrall, 2011). I would also establish the woman’s true intent for loading the gun as well as how long the argument had taken to warrant application of self defense. Based on the already stated actions, I feel the woman had an aforethought to kill the husband, that is why she went up the first floor and loaded the gun. She did not show any interest to withdraw from the fight. On coming back with the loaded gun, she found her husband holding a kitchen knife. However, she is not clear on the reaction of the husband when he saw her with a gun. Her argument that her husband wanted to stub her is a hoax, she had a criminal intent to kill even before she saw the knife. As the prosecutor I would charge the woman with a first degree criminal homicide/murder. This is because the murder had been premeditated, was deliberate and was accompanied with malice on the woman’s side. This is further strengthened by her insistence that she was only defending herself from harm by the drunken husband. Although the woman claimed to have been provoked into action by the husband, there is no evidence that she did not have tie to cool off. The Ethics the Federal Bureau of Investigation (FBI) using Combined DNA Index System (CODIS) Forcing arrestees to provide DNA samples irrespective of the charges that have been placed on them and the possibility of conviction is unethical. This is so because the results empower the police officers to provide intimate results and evidences to the government; these have the ability to lead to investigative arrests (Siegel & Worrall, 2011). This phenomenon is opposed to the desired procedures where the juries and judges ought to be the custodians of such information. Although DNA sequencing produces reliable results, it presents ethical, legal and social shortcomings. It has raised questions on privacy matters (Siegel & Worrall, 2011). Unlike fingerprints that are used for identification only, DNA provides insight into several intimate and personal aspects of individuals such as susceptibility to some diseases, predisposed to certain behaviors and habits and how births are/are not legitimate. The results of DNA sequencing may result in discrimination. Therefore, the use of CODIS for investigative purposes is good for its rapid results that can facilitate arrests and court processes in a short time. However, it has the lower side of revealing personal information that is undesirable to the public. Other technological advances that raise ethical questions include the use of computerized video cameras to survey the movements of people. This raises concerns on its impacts on trust especially when mounted on private property and office areas. At the same time, the practicability of DNA sampling and storage, raises ethical concerns. There is always an enormous backlog of DNA samples that await entry into the CODIS system. This delays criminal convictions. Ethics of Broken Window Policing Siegel & Worrall (2011) perceives “Broken Window”, policing technique identifies crime’s hot spots and deals with minor offences so that the gangs who perform greater offences are warned of possible consequences of unwarranted behavior. Misdemeanors are treated harshly; the technique is concerned with the psychology of anonymity as well as authority. Although the open window way of policing has been effective in keeping away gangs and wrongdoers, focus should not just be on the minor offenses at the expense of the larger ones. The use of this method sends a signal to the brain of what may result from undesired behavior and should focus on big crimes as well (Siegel & Worrall, 2011). Open window policing has presented its own sets of drawbacks. Some individuals, who are innocent of any wrongdoing have been arrested and sometimes tried falsely. Individual rights are infringed into and professional ethics downplayed since it only reduces disorder but do not actually alleviate crime and its impacts in a given place. It is also socially unethical since the locals feel frustrated by the actions of the police which at times involve setting curfews. However, it is greatly effective in reducing the effects of crime and closing the window that would propagate evil in a place. Apart from open window policing, community policing may be used to restore order in a place (Siegel & Worrall, 2011). This involves the participation of the community in eradicating crime. The community would have the responsibility of reporting crime and criminals to the police in a collaborative way. However, these would present an ethical dilemma when the accused and the accuser have conflicting evidences that cannot really be verified. Ethics of Accepting Gratuities As representatives of the state, law enforcement officers should not be allowed to accept gratitude from the public. This is because the public looks at the conduct of public officers with a lot of scrutiny. The officer’s conduct in public translates to the integrity of the government (Siegel & Worrall, 2011). An officer’s acceptance of gratuities may be viewed by the public as soliciting for special consideration and hence he should be firm at refusing free gifts and gratuities. In addition, acceptance of gratuities or lack of it determines how well an officer will be able to dispense his/her duties at the place of work. Acceptance of gratuities from the public is usually viewed as the beginning of the collapse of ones profession (Siegel & Worrall, 2011). Given that the acceptance of gratuities is unacceptable in the area of work where Jones works and its requisition is also against ethical codes of practice, Jones should be suspended from work. This is because he has not done this repeatedly. As a corrective measure, it is better to punish first by suspension without pay and any subsequent repeated actions of the same mistake would amount in dismissal. Jones’ prior knowledge of the law of a guarantee made him know the penalties that his actions would warrant. However, it should be investigated what led to the acceptance of the gratuities, his behavior if the first instance would be out of curiosity and can be forgiven, but with a stern warning. Repeated offenses should be discouraged by dismissing Jones. The managers can equip their staff by continuous training on professional and social ethics. Officer Actions Based on the Law The ethical codes of practice of an officer require that he/she acts within the confines of the law (Siegel & Worrall, 2011). In highly risky areas, police officers are expected to search cars and/or individuals. However, Smart had an option not to consent to police searches where she felt that her rights were being infringed. The officer, Rodriguez can then forward the case to a more senior person in the professional rank. As much as Smart has rights that the police officer should not infringe on; the Rodriguez also has rights to exercise in line with duty (Siegel & Worrall, 2011). There are times when the consent of the car owner may be considered invalid especially where the car the passenger is using has been on the police’s wanted list for criminal offenses other than what has occurred at the moment. Consequently in Smart’s case, Rodriguez had a choice to expound the reason for the search to apprehensive Smart. The officer, Rodriguez, had the professional obligation of telling Smart the law that stipulates the search of the car and to explain the speed limits that were expected of drivers when using that lane. This is the codes of best practice where ethics are concerned in policing. It also works to promote corporation from Smart and every other driver with police officers in keeping law and order. It would be unethical of Rodriguez to benefit from Smarts ignorance of the law (Siegel & Worrall, 2011). This is because it is unprofessional to do so. Secondly, Smart may learn the law and bounce back on the police officer who by then she shall have mistrusted. Judicial and Political Ethics Sampson’s approach to competition is by launching a political slogan in a partisan manner. This is in a bid to buy the loyalty of his voters against his biggest competitor who has just come up (Siegel & Worrall, 2011). However, his practice of partisan politics as a judicial office aspirant is unethical. One of the greatest canons that a judicial employee ought to uphold is the observation of high standards of integrity and conduct in adherence to the law. The fact that the law has undergone a metamorphosis over time to allow the joining of partisan movements by judicial officers is not a guarantee that the aspirant behaves badly in public. The officer should always refrain from activities that would question social affiliations that impact on official performance, conduct and judgment (Siegel & Worrall, 2011). His campaign slogan will definitely affect his conduct and judgment once he gets the seat he is vying for; it will promote biases in decision making. The major problem that results from partisan politics in the judicial system is decision making process (Siegel & Worrall, 2011). People may be tempted to misrepresent individual opinions, but promote party decisions and judgments. In addition, implementation processes may be slowed down by people of different opinions who feel that a decision made on an issue did not go hand in hand with their wishes. There seems to be an allegiance to parties through which individuals get a job, with most people seeking party dominance in decision making and not necessarily factually argued and weighed opinions. Ethical Practices of Attorneys The practice of law in the eye of an attorney is both a profession and a business. Therefore as the attorney, I am faced with an ethical dilemma because I have to choose between remaining professional and losing business profits or becoming unethical profession wise and keeping my business. Professional ethics should however override financial gains. In consideration to human rights issues and to ethical professional practice, I will let my client know why I cannot cover her up with three counts of murder. Ethical practice requires justice for all. As much as I have the privilege of keeping my client’s secret and privacy, it does not warrant malpractice in the area of human rights (Siegel & Worrall, 2011). The man who is serving a sentence for a murder, he did not commit has a right to be heard. If my client appeals against the case and losses, it would provide a good ground for beginning a new lawsuit in which charges are placed against my unapologetic client so as to secure freedom for the accused prisoner. I am hopeful that my client will not die in prison, but, that she will live to experience justice and fairness that she would have desired if she were wrongfully accused. This is because malpractice in my profession would result in discipline which can range from less severe admonition to severe punishments. The serious disciplinary measures may include censure, reprimand, and temporary suspension from work/practice or permanent barring from practice (Siegel & Worrall, 2011). I believe it is better to be ethical and professional than to be business minded. Reference Siegel, L. & Worrall, J. L. (2011). Introduction to criminal justice. Wadsworth Pub. Company. Read More