Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Law enforcement ethical violations
Police misconduct and its impact
Essay on police misconduct
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Law enforcement ethical violations
Introduction
Allen versus the city of Oakland was one of the largest lawsuits filed and won against the Oakland Police Department for police misconduct. Misconduct has always been an issue with law enforcement. Starting in the early years of law enforcement there were policies set to keep officers from committing these actions. In time, the policies have been changed, reconstructed, and updated to increase effectiveness and efficiency. To get a better view on how these policies are implemented, the actions of the police officers in Allen versus the city of Oakland will be examined and the justifications for their actions will be reviewed. Not all actions can be justified though. For those types of actions with no justification, an observation of the legal and policy issues surrounding them can demonstrate how strong policies can help deter officers from misconduct. The perception of prosecution is also useful by giving an overall representation of the case after reviewing it, deciding if there is enough evidence to let the case go further, and deciding on the charges that will be given. In court, a useful tool used by both sides of the case is using case law to get the court to side with their argument. Case laws are a good way to see one of the many ways judges come to their decisions on a case and how the outcome of a case is affected. When there is no case law that can be used, the case in progress can be used as precedent for similar cases that follow.
Early and Contemporary Administrative Practices: Misconduct
Police misconduct has been a concern since the introduction of policing. The issue of misconduct was counteracted by the creation of policies that would assist with lowering the misconduct by officers. Some of the ear...
... middle of paper ...
...d from http://www.lexipol.com/disciplines/enforcement-pm-1.html
Merrick, B. (n.d.)., The Changing Mission of Police Monitoring. Retrieved from http://cops.usdoj.gov/html/dispatch/January_2010/police_monitoring.htm
“Police Officers in Trouble” (1893)., Police Officers in Trouble. Retrieved from http://query.nytimes.com/mem/archive- free/pdf?res=9E03EEDE163EEF33A25750C2A9609C94629ED7CF
Stanley, K. (2013)., St. Petersburg Police Chief Tightens Use of Force Policy. Retrieved from http://www.tampabay.com/news/publicsafety/st-petersburg-police-chief- toughens-policy-governing-use-of-deadly-force/2157491
United States Department of Justice (n.d.)., Addressing Police Misconduct. Retrieved form http://www.justice.gov/crt/about/cor/Pubs/polmis.pdf
Zacks, R. (2012)., Island of Vice: Theodore Roosevelt’s Doomed Quest to Clean Up Sin-Loving New York., NY: Random House, Inc.
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
There have been many Supreme Court cases that dealed with many concepts of the law, like obscenity for example. As a matter of fact, obscenity is a concept that Miller v. California deals with. To be more specific, this case deals with what is considered obscene, and if the specific obscenity mentioned in this case is protected by the first amendment, the freedom of speech. I will now explain this case in more depth.
In United States v. Alvarez, Xavier Alvarez claimed that he was a retired marine who had received the Congressional Medal of Honor in 1987 for being wounded repeatedly by the same person in combat. These claims were made in an attempt to have him gain more respect from his peers. The claim was that Alvarez had violated the Stolen Valor Act of 2005. The Stolen Valor Act of 2005 states that there are protections against claiming to have received some type of military honor, such as the Medal of Honor and other military decorations and awards (GovTrack). The Government stated that there was first amendment value applicable to Alvarez’s false statements, and that his statements caused harm to others. By making this statement, it was argued that the value of the award of Honor would drop and that this type of false speech falls under the same category as speaking falsely on behalf of the government or as a government official. However, since his statements were not made with the intention of financial benefits or special treatment, his false claims may not be illegal because they were made for the purpose of gaining respect.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
The one good thing that I believe comes from this case is that it educated America on the mistakes being made by a law enforcement entity. The attitudes portrayed by these officers are terrible and, regretfully, most likely common. What it did was wake us up by showing us how biased criminal investigations can be and that bigotry has no place in the criminal justice system.
Police misconduct is as rampant as ever in America, and it has become a fixture of the news cycle. Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. The media is inevitably drawn toward tales of conflict, hence why there are so many crime and police stories on the news. Despite the increasing frequency of misbehaving cops, many Americans still maintain a high respect for the man in uniform. Still, police misconduct is a systemic problem, not just an anecdotal one. Here are some reasons why it is a problem. First, many departments don’t provide adequate training in nonviolent solutions. With this, police are unfamiliar with what to do in a non-violent situation, often resorting
It is a myth to believe that an officers job is spend fighting dangerous crimes, in reality officers spend more time handing smaller cases. For example, police officers spend a lot of time doing daily tasks such as giving speeding tickets and being mediators in disputes (Kappeler & Potter, 2005). Handing out speeding tickers and handling minor disputes are far from fighting crime. Police officers spend more time doing preventive measures (Kappeler & Potter, 2005). Preventive measures involve officers intervening to prevent further altercations. Victor Kappeler and Gary Potter discussed the myth of crime fighting as invalid and misleading notions of an officer’s employment.
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
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,
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
Walker, S., & Katz, C. (2012). Police in America: An Introduction (8th Edition ed.). New York:
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
Within our police system in America, there are gaps and loopholes that give leeway to police officials who either abuse the authority given to them or do not represent the ethical standards that they are expected to live up to by society. Because of the nature of police work, there is a potential for deterioration of these ethical and moral standards through deviance, misconduct, corruption, and favoritism. Although these standards are set in place, many police officers are not held accountable for their actions and can easily get by with the mistreatment of others because of their career title. While not every police abuses his or her power, the increasingly large percentage that do present a problem that must be recognized by the public as well as those in charge of police departments throughout our country. Police officials are abusing their power and authority through three types of misconduct known as malfeasance, misfeasance, and nonfeasance and these types are being overlooked by management personnel who rarely intervene even though they know what is happening. Misconduct is wrong because it violates rights and causes people to be wrongly accused of crimes or be found not guilty and set free when they are still an endangerment to other people. The public needs to be educated on what is happening in the police system in hopes that someone will speak out to protect citizens from being violated by police officers.
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).