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Ethics in law enforcement and policing
Police ethical dilemmas
Police ethical dilemmas
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Recommended: Ethics in law enforcement and policing
Alienating the Community
from Violence and the Legal Process
Introduction
For the protection of American citizens, the Law necessitates violence. Order must be maintained, safety ensured, and individuals threatening peace must be stopped from threatening the rights of others. In a democratic society, there is no benevolent ruler to enforce this peace. Instead, we rely on community regulation through electorally derived law, with representatives from society itself tasked with enforcement. Psychologically, this process of enforcement against individuals who threaten public order is extremely trying. A host of “psycho-social mechanisms” are evolutionarily built-in to the human mind which inhibit harm to another member of the community,1 even though the member may himself be a demonstrable threat to the community as a whole. These mechanisms often play out in a process of sympathy, envisioning one's self as the target of violence thus inhibiting the enactment of violence. As such, a whole host of processes have developed to allow the community to police itself and enact violence against it's own members.
Robert Cover details in “Violence and the Word” how the entire legal process revolves around separating those who decide to enact punishment on a defendant from the human being who their decisions effect themselves. Orderly legal structure, formal language, and defined roles encompassing only small pieces of the defendants fate separate the community-representative from fully feeling the effect of enacting violence against another person.2 Craig Haney adds that in cases involving the highest level of violence, the death penalty, the community-member on the receiving end of state-sponsored violence is “dehumanized” by society:
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...e paradox of self-governance requires the involvement of violence against members of the society itself. This, in turn, alienates members of society and disowns their involvement in the legal process, even members who are not perpetrators of criminal acts. As a result, the promise of community involvement, equal protection, and individual interests are at times limited, damaged, and threatened by the violence of punishment in the legal system. Unfortunately, this paradox cannot be entirely solved. Some issues can be helped; steps can be taken to ensure racial equality in the legal system and policing efforts can focus on involving the community in a process of trust and involvement. However, all three promises are inherently at tension with the violence both enacted and threatened, by and towards, the participatory process of legal enforcement in democratic society.
Crime and deviant behavior surprisingly helps increase “social activity” among various different people within a society. Therefore, crime and deviant behavior brings “people together in a common posture of anger and indignation…when these people come together to express their outrage over the offense…they develop a tighter sense of solidarity than existed earlier” (Erikson 4). For example, in the Steven Avery case, the people of Manitowoc, Wisconsin, all had very strong feelings of Steven Avery and his family, and as a result they were seen as deviant people in their own hometown. Those feelings towards him, and his family, would be a critical factor when he was accused of the horrendous crime (Making). Based on their feelings towards the Avery family, the society in which he lived developed the overall concept of us versus them (Erikson 11). Therefore, another concept that arises as a result of crime and deviant behavior is public temper, which is described as a “mutual group feeling” (Erikson
Jacobs, David, Jason T. Carmichael, and Stephanie Kent. 2005. “Vigilantism, Current Racial Threat and Death Sentences.” American Sociological Review 70: 656-677.
Institutional racism, maintains the unequal outcomes in the criminal justice system result from the practice, resides in the policies, procedures, operations and culture of public or private institutions – reinforcing individual prejudices and being reinforced by them in turn’(Sveinsson, n.d.). This approach was generated by the Macpherson report, Stephen Lawrence, a young black
Once upon a time, the theory that the majority of violent crimes was caused by biological reasons, was a trendy opinion. However James Gilligan a notable psychiatrist, who has been working with prisoners and prison systems for years to study and develop the general method to prevent crimes, sees this psychological perspective, and comes out with a different conclusion. In the article “Shame: The Emotions and Morality of Violence,” Gilligan emphasizes that shame is the reason why most people commit crimes, and they tend to “diminish the intensity of shame” by violence.(44) He explains the concept of preconditions, which are key elements for violence to happen, to discuss the origins of violent crimes. Gilligan suggests that violent men are “shameful to feel ashamed about themselves.”(43) They also believe that they have no
Throughout the history of law enforcement within the United States, theories has been explored and implemented as polices in addressing deviant behaviors produced by humans. Models such as Crime Control through the Conflict perceptive suggest the human nature is persuaded by social opportunities and considered a fundamental aspect of social life (Schmalleger, 2009, p. 347). However, social disorders must be addressed in a cordial and civil procedural fairness; thus, individual rights guaranteed by policies such as Due Process ensure that individuals under allegations are treated equally and just. Although crime and deviant behaviors exist within our communities, policies are intended to reduce such disorders by following cohesive criminal justice frameworks with the intentions of protecting individuals accused of crimes. Crime Contro...
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
Victims must adapt methods that secure their safety and survival. Traits of aggression and intimidation establish themselves in the victim’s personality for self-protection. In Grounds’ study (2004), fourteen of the eighteen men were terrorized by threats of assault and even death. Three of the men were victims of violence, with one being sexually assaulted and the other one stabbed. Inmates may cope with depression through withdrawal, self-mutilation, or suicide.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
...se them to geographic targeting, police brutality, disproportionate incarceration and sentencing rates. Get tough on crime ideologies as well as mass incarceration practices encouraged by mainstream American citizens and policy makers alike, result in further oppression and complicate individual’s abilities to achieve social and economic success. In order for the United States to attain a “post-racial status,” biases in society should be eliminated therefore encouraging police bias’ to be removed, additional concern should be had for individuals in low-income, urban areas, and sentencing and arrest practices should be equalized across all races. Many sociological issues have a role in how the criminal justice system operates and until further notice, it remains unequal and supportive of racist policies that keep this country from attaining a “post racial status”.
For decades researchers have speculated about the relationship between levels of violence, and societal conditions such as poverty, urbanism, population composition, and family disruption. National and international level research has concluded that each of these factors are related to crime rates and their trends overtime (Avison & Loring, 1986; Lafree, 1999, Lauristen & Carbone-Lopez, 2011). To examine these factors more closely we should recognize that they are the foundation of many criminological theories, both motivational and control, applied to the macro and individual level. Specifically, these include social disorganization theory (Shaw & MCkay, 1942), anomie-strain theory (Merton, 1968), violent subcultural theories (Anderson, 1999), social bond theory (Hirschi, 1969), self-control theory (Gottfredson & Hirschi, 1990), and biosocial perspectives (Gottfredson & Hirschi, 1983).
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
Policing, Race, and Criminal Injustice." Human Rights. Spring 2009: 6. SIRS Issues Researcher. Pritchard, Justin.
Rothe, D. & Muzzatti, S.L. 2004. Enemies everywhere: Terrorism, moral panic and US civil society. Critical Criminology. 1(12): 327–350.
It was then that I first started to consider what causes man to become so enraged as to commit atrocities of the mind, body and soul. Violence - pure and simple, is intrinsic to humanity. It almost goes unnoticed as a way of life in many communities. Drive through North Philadelphia on a spring afternoon and witness what appears to be life disappearing, receding under the concrete and graffiti. Look closer and witness the bullet holes in the walls of homes and cars. Still, there are other communities, such as North Brooklyn, where the rate of crime has been diminishing for the past twenty-five years. It seems, in fact, that violent crime does not behave as predicted. Social scientists have begun to suggest that, in fact, violent crime needs to be viewed much like an infectious disease. Simultaneously, neurobiologists have developed intricate research models and techniques to examine whether or not there are biological triggers that cause individuals to act violently.
People are often blinded by the situation in which they are in, and by their personal motives which drive them to act. Humans, by nature, have faults and vices that are potentially harmful. It is the responsibility of society to anticipate harm, whether to oneself or to others. Once dangerous patterns and habits are recognized, it is imperative to anticipate and prevent injury from reoccurring. To allow any individual to be inflicted harm forces citizens to lose trust in the government, thus unraveling the fabric of society.... ...