Ethics in Law Enforcement - Essay Example

Ethics in Law Enforcement The question of ethical practices with respect to law enforcement is a complex and controversial one. This paper examines the role of law enforcement in the conventional sense of crime prevention as well as in a broader sense of creating order in a societal framework. Arguably, law enforcement agencies exist not only to identify and punish criminal offenders, but also to ensure that those who are underprivileged or at risk to problems are taken care of. With this in mind, this paper examines the pros and cons of law enforcement when it comes to ethical practices. Corruption is a term that springs easily to mind when one thinks of how law enforcement is usually applied. Popular culture is full of references to corrupt policemen and lawyers, especially in terms of how the police are often represented in movies and television shows, and also in terms of the numerous articles on police abuse that may be found in newspapers and other periodical. Especially after the events of September 11, 2001, and the racist attacks on Muslims and other Asian minorities in America came into the news, there has been a lot of negative publicity for the way in which minorities are apparently abused by many law-enforcement agencies. All these examples represent myths about law enforcement that are often belied by statistics. However, there is also some basis in reality for such opinions. Carter, et al (2000) have observed that "corruption and unethical behavior prevent any government from efficiently and effectively serving the needs of its citizens" (p. xi): In addition, corruption undermines respect for the rule of law and for the democratic process that are the very core of our system of government. Controlling this evil successfully is a constant challenge for any government. Yet any government that does not devote itself to this effort is in danger of sowing the seeds of its own destruction. (p. xi) The authors suggest, therefore, that instead of identifying the law enforcement system with corruption, there is the need to recognize that even the law is trying to fight corruption within itself. Corrupt practices are not an inherent or integral part of the law enforcement system. Rather, it is something that has crept into the system and must be weeded out. The corruption of law enforcement agencies is illustrated by the two interviews that were conducted as part of this study. The first will be discussed in the context of corruption. This instance is related to an interview with a twenty-seven-year-old white American woman who was a victim of hazing during her freshman year at a university in the U.S. Cindy (not her real name) recollects that she and her friends were wary of the senior students, because the college had a history of a couple of violent episodes of hazing. Apparently, the school authorities had done nothing about it. Cindy describes the night when she and her friends were abused by a large group of older students. They were forced to drink alcohol, and some of the senior students even urinated into their glasses and forced their victims to drink from them. They were also made to perform demanding exercises such as push-ups for almost three hours, and compelled to run around the campus a number of times. They were also verbally abused, many of the insults being gender- or race-based. Shortly after the incident, Cindy and a friend went to the neighborhood police precinct to lodge a complaint about what had been done to them. "I couldn't believe it," Cindy says. "None of the cops were ready to listen to us. Two who did pumped us for the 'juicy' details and then burst out laughing." Cindy's experience reveals that public faith in law enforcement authorities has diminished based on their reputation for treating victims badly. Although this was an isolated incident, there have been many reported instances of police cover-ups in similar cases, even in instances where students were killed or seriously injured as a result of hazing. Another instance in which law enforcement agencies seem to turn a blind eye is that of organized crime. Carter, et al write: "Throughout its history, New York City has struggled, with greater or lesser success, to overcome the forces of corruption, whether in the form of organized crime, corrupt political clubs and bosses, or among the ranks of the City's public servants" (p. xi). Although the city tries to fight corruption at levels high in terms of authority, there can be no denying that organized crime is still not eradicated, and that criminal organizations often seem to carry greater clout than the law itself. Carter, et al write: Yet just as every nation and community of the world has contributed something of its character and culture to New York, so is the City a patchwork of the crime problems and criminal organizations of the world as well. The Mafia may be the best-known example of local organized crime, but New York is not without elements of Asian, South American, Russian and African mobsters, among others. Of course, no nation or culture is immune to corruption or organized crime, and New York has been witness to many examples of the home-grown variety as well. This rich and colorful history has produced a wealth of information, which has been mined by novelists, screenwriters and television producers for many years. Books and movies such as The Godfather, Serpico, The Prince of the City and City Hall or television dramas such as Law and Order and NYPD Blue are but a few examples. It also means that our law enforcement agencies have had a great deal of experience in dealing with these issues. (pp. xi-xii) This description of organized crime as adding to the richness of a city's culture is mystifying, coming from authors who are writing about the ethics of law enforcement. Unfortunately, this opinion seems to be shared by many channels of popular culture, such as the films and television shows cited by the authors above. However, the fact remains that the struggle of law enforcement agencies against organized crime is not "information" to be "mined" by film producers and scriptwriters. It is a stark reality, and the ethics of law enforcement need to be revised in order to establish the seriousness of the problem. The Department of Investigation was formed by the authorities in New York City to investigate and eradicate the problem of corruption more than a century ago, but it does not seem to have had much effect thus far: In fact, more than 125 years ago, the City established a unique law enforcement agency, the Department of Investigation (DOI), dedicated to the prevention, detection and investigation of corruption within the municipal government. DOI has faithfully served the City since that time, developing an excellent reputation for its effectiveness and integrity. (Carter, et al, 2005, p. 204) However, just the fact that the DOI has an excellent reputation only proves that it is the exception rather than the rule. The fact that there is still the need for the DOI to exist and to be responsible for addressing the corruption rates in the law enforcement agencies itself suggests that these rates have not decreased yet. The lack of ethics demonstrated at the level of police functioning is only one aspect of the kinds of corruption that are found in governmental law agencies. For example, the DOI has also studied the case of frauds: In fact, in recent years the Department of Investigation (DOI) has increased its commitment to investigate procurement fraud. This is reflected in the evolution of its Investigative Audit Unit and the Procurement Investigations Division. These units were created in 1990 and 1992 respectively. They were established to conduct investigations in their specialized areas and when needed provide assistance and in some cases guidance to Inspector General Offices already established in DOI that have done historically an outstanding job at rooting out corruption. (Carter, et al, 2005, p. 204) The authors further suggest that private law enforcement agencies can play an equivalent or even greater role than public law enforcement agencies in the fight against corruption and the struggle to establish ethical norms in the implementation of laws, because "successfully fighting fraud and corruption cannot be accomplished by government alone. The private sector, or what some term civil society, must play an integral role in this endeavor" (p. 229). While it may be true that civil society also needs to join forces with the authorities to fight unethical practices, this does not condone the fact that such practices exist in the first place, especially among agencies like the police force which are considered trustworthy by the general public. As Delattre (1989) points out as well, citizens must do as much as they can to fight corruption and unethical practices in authoritative agencies: "No police force can safeguard the ideals of civility and decency from a public determined to destroy them or lacking the courage to stand up for them" (p. 1). However, the author points out that law enforcement agencies are still necessary because even though the majority of citizens is "respectful of each other and of the law, there is never enough decency, never enough restraint, to enable people to live well together without someone who can step in when civility breaks down" (p. 3). Therefore it is essential that law enforcement officers, who are "entrusted to guard the public safety, to enforce the laws, to keep the peace, to help the helpless" (p. 3), maintain a culture of lawfulness and ethical practice in order to best achieve their goals. In this sense, one practical goal that should be achieved during training of law enforcement officers is that they should be skilled in how to make quick decisions, and also be able to think for themselves when the situation demands it: "Officers also need a sense of which situations require no more than their habitual conduct and which ones call for careful -- even if fast -- decisions. Not every situation calls for deliberation" (Delattre 1989, p. 24). In this, Delattre suggests that the problem of unethical practices can be curbed at the training level if organizational and practical needs are addressed and enforced during the training process. While this cannot guarantee that such problems will be eradicated, it is a step towards ensuring that law enforcement agencies are part of the solution and not the problem. As Raz (1995) points out, only such individuals who are convinced of their own honesty and are able to illustrate the same should be considered for the law enforcement agencies, those who "no more need to spend [their] first waking moments each day thinking about whether to behave honestly toward family and friends than [they] need to deliberate whether to brush [their] teeth. (p. 159) Another problem associated with ethical practices being flouted by law enforcement offiecrs is that they often seem to target minorities and deviant groups such as homosexuals for abuse. Eric, a retired police officer who was interviewed as part of this study, reveals that there were many in-jokes among his precinct officers regarding gays and blacks. "Offensive and derogatory terms were used, both in front of such people and behind their backs, in private jokes," he says. In law enforement, the idea of deviant behavior often seems to club the non-conformist together with the criminal, as evidenced by Barbaree, et al: Deviant sexual behavior: Differentiating sex offenders by criminal and personal history, psychometric measures, and sexual response. (p. 19) [The behavior of] sexually aggressive adolescents suggests that dysfunctional families play an important role in producing and maintaining such deviant behavior. (p. 176) Both criminal tendencies and harmless intercourse between consulting adults are classified under the same umbrella of 'deviance,' making it as terrible to be a homosexual as it is to be a rapist or a murderer. Even sociologists, as suggested by the above defintions, are not above such treament of non-conformist groups such as gays. This study now moves into examining how law enforcement agencies can enforce ethical practices not only in the sense of preventing crime, but also in the sense of making life easier for the underprivileged. For example, the problem of child delinquency is increasingly consistently, and law enforcement agencies are in a pivotal position to do something about it. As Antecol and Bedard observe: Firstly, single mothers are much more likely to fall below the poverty line implying that increasing numbers of children may be exposed to poverty. While the incidence of this type of poverty can be reduced by support payments from the noncustodial parent (usually the father), many divorced fathers fail to volunteer adequate child support payments and/or comply with child support awards mandated by the courts. (Antecol and Bedard 2002, p. 3) As the authors point out, even though the courts determine that absent fathers should pay child support, many do not do this. The authors observe that it is a recorded fact that children of single parents, especially mothers, are more prone to delinquent activity. Unfortunately, even though systems of legislature are in place that require absent fathers to contribute towards their child's monetary expenses, these rules are often not complied with, leading to the child finding itself in an economic as well as psychological crisis, each exacerbated by the absence of the father. Such a child is left vulnerable to delinquent activity, and to influence by deviant forces outside the family structure. The child's very faith in societal structures is shaken by the feeling that society is cruel and indifferent, and deviant activity is one way to 'get back' at a society that has not been able to create a nurturing environment for the child. Law enforcement agencies can prevent many a child from falling into such situations by assigning officers to ensure that child support is paid, and also, social security officers can be assigned to do periodic checks on such children to make sure that they are doing well. Deviant activities include such personal abuses as smoking, alcohol consumption, and underage sexual intercourse. It has been determined that "youth who receive child support but rarely see their father are more likely than youth from other family structures to have sex and commit crimes at young ages" (Antecol and Bedard 2002, p. 2). Therefore, in such scenarios, the actual presence of the father is not as vital as receiving support from the father, even if it is just in terms of monetary compensation. However, it has also been found that absent fathers who do pay child support are more likely to visit their children and create the ability to have some form of communication with them, even if they are not a ubiquitous presence in their children's upbringing: [I]t is generally the case that fathers who pay child support have more contact with their children. Whether this is the result of paying child support, whether fathers who visit are more likely to make payments, or whether there are underlying factors that jointly determine both is unclear. That being said, sound social policy depends on the true factors that determine youth outcomes. (Antecol and Bedard 2002, p. 4) As Antecol and Bedard have observed, the driving force behind such studies is not really the need to discover if absent fathers visit their children or not, but rather to determine what social policies may be designed and implemented to ease the crises that such children find their lives afflicted with. Law enforcement agencies can play a positive role in the implementation of such social policies. This would also create more warmth and direct contact between law enforcers and the general public, especially those sections of the public that really need help from such agencies. It is also found that even children who are brought up with child support from a father are provided with only $90 per month on an average basis. There is also a marked lack of public support from government and private organizations for children of single mothers. A survey conducted by Polansky, et al (1981) revealed that only 6% of children who lacked child support from the father were being provided for by public organizations (Polansky et al, 1981, p. 60). Public service organizations and law enforcement agencies can work in tandem to ensure that the less privileged sections of society are being looked after. Siegel et al (2006) have presented the hypothetical case of a Shatiek Johnson, teenager who killed a police officer when confronted for his crimes. The case study is built on actual statistics and backgrounds involving juvenile delinquents: With an absent father and a single mother who cannot control her five sons, Shatiek lived in a world of drugs, gangs and shootouts long before he was old enough to vote. By age 13, Shatiek had been involved in the gang beating death of a homeless man in a dispute over $10. (Siegel et al, 2006, p. 59). The authors raise a very pertinent issue: should Shatiek, sixteen when he committed the crime of shooting a police officer, be sent to a juvenile prison The authors point out that the boy believes that "police officers were killers out to collect the bounty put on his life," and that killing is "an act of self-defense" (Siegel et al, 2006, p. 59). Consequently, it is revealed that the boy's view of the act of killing subsumes crime into his idea of everyday reality, and that he cannot distinguish between right and wrong because the circumstances of his life are such that it is only through acts of violence that he has been able to protect himself. Also, because of his experience of policemen, he has been unable to trust law enforcers enough to ask for their protection. This is undoubtedly a failure of the justice system rather than a premeditated crime. Should Shatiek's case be waived to the adult court, which could result in life imprisonment or even execution While it is not within the scope of this study to examine or address such a question, the issue serves to exemplify the tragic consequences that can be spurred by the unethical actions of law enforcers. Harper and McLanahan (2002) point out that "men constitute over 90% of those charged with violent crimes and over 90% of the prison population" (p. 6), suggesting that criminal acts by underage boys should be monitored and prevented by law enforcers. Instead, law enforcers seem to be rubbing such boys the wrong way and adding to the increase in juvenile crime. One way in which law-enforcement agencies are trying to enforce their ability to do their jobs is through zero-tolerance policing. Zero-tolerance policing is an approach to crime that enforces pre-existing and pre-determined punishments on those who are identified as plausible perpetrators of crimes. This method of crime control is usually a pre-emptive one, and most of the individuals who have found themselves at the wrong end of this policy are those who are not actual perpetrators of crime, but rather those who are identified by authorities as possible suspects or as those likely to commit crimes. Robinson (2002) points out that the fundamental objective behind zero-tolerance policing seems to be the discouragement to individuals of engaging in acts that may possibly be categorized as crimes: Zero tolerance policing runs counter to community policing and logical crime prevention efforts. To whatever degree street sweeps are viewed by citizens as brutal, suspect, militaristic, or the biased efforts of 'outsiders,' citizens will be discouraged from taking active roles in community building activities and crime prevention initiatives in conjunction with the police. Perhaps this is why the communities that most need neighborhood watch programs are least likely to be populated by residents who take active roles in them. (206) As Robinson points out, zero tolerance is a rather broad and definitive term that encompasses the need for government regulations (such as laws against and to curtail crime) as well as citizen awareness (such as that expressed in most neighborhood watch programs). Zero-tolerance policing "police accountability, openness to the public, and community cooperation" (Cox and Wade 106). If these three criteria are met by the people and the law-enforcement agencies alike, zero-tolerance can prove effective. Some thinkers, however, are of the opinion that zero-tolerance policing causes more trouble than it is worth. For example, there is the following instance to consider. Eric, the former law enforcement officer the writer interviewed, related an account of how a boy was suspended from his school because he had "mimed holding a gun" by shaping his hand like a pistol. The officer in charge of his precinct said that the boy was "involved in terrorist activity" for doing so. This illustrates the extremes to which zero-tolerance policy can go to, and suggests that this policy is not a foolproof way to prevent crime. Instead, it is only worsening corruption by giving unethical law enforcement officers the opportunity to further harass and abuse innocent victims. The laws enforced by the American government with reference to zero-tolerance could be a reason why violent crime dropped between 4 to 21% in the 1990s (Blumstein and Wallman, 2000, p. 106). However, as this paper has tried to establish, controlling crime is not the only reason for law enforcement agencies to exist; they need to assist people as well. Arguably, the government and its law-enforcement agencies are the primary deterrents and controllers of crime, even if conscientious civilians ensure that they play their parts in curbing the occurrence of crimes in any given society. Conversely, we may also argue that even if law-enforcement agencies ensure that crime-related laws are passed and enforced, the mere establishing of laws does not bring down the rates of crime in a society. For example, if one examines the decline of violent behavior in American schools over the last few years, one may observe that laws only create the guidelines or boundaries in which people relate to and interact with each other on a social basis. It is the implementation of laws that matters more than laws themselves. No law in the world can prevent crime if it is not implemented the way it should be. Similarly, law enforcement officers cannot be said to be doing their job if they are merely enforcing laws. They need to work towards the well-being of the community at large. Laws can only be effective if the spaces within which they operate are open to their effectiveness. Today, society on an international scale has managed to create for itself a context in which the decision to fight against crime is ubiquitous among the public and the government. It should also become mandatory among law enforcement officers to fight unethical practices instead of contributing to them. References Antecol, Heather and Bedard, Kelly. (2002). Teenage delinquency: The Role of child support payments and father's visitation. Claremont, CA: Claremont McKenna Press. Barbaree, Howard E., William Leonard Marshall and Stephen M Hudson. (Ed.)(1993). The Juvenile sex offender. New York: The Guilford Press. Blumstein, Alfred and Wallman, Joel. (2000). The Crime drop in America. Cambridge and New York: Cambridge University Press. Carter, W. P., Davies, M., El-Ayouty, Y., and Ford, K. J. (2000). Government ethics and law enforcement: Toward global guidelines. Westport, CT: Praeger Publishers. Cox, S. & J. Wade. (1998). The Criminal Justice Network: An Introduction. New York: McGraw-Hill. Delattre, E. J. (1989). Character and cops: Ethics in policing. Washington, DC: American Enterprise Institute for Public Policy Research. Robinson, M. (2002). Justice blind Ideals and realities of American criminal justice. Upper Saddle River, NJ: Prentice-Hall. Polansky, Norman A., Chalmers, Mary A., Buttenwieser, Elizabeth Werthan, and Williams, David P. (1981). Damaged parents: An Anatomy of child neglect. Chicago and London: University of Chicago Press. Raz, J. (1995). Ethics in the public domain: Essays in the morality of law and politics. Oxford: Clarendon Press. Siegel, Larry J., Welsh, Brandon C, and Senna, Joseph J. (2006). Juvenile delinquency: Theory, practice, and law (Ninth Edition). Belmont, CA: Thomas Wadsworth. Read More