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reasons for police misconduct
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SCHMELTERJ_CRJ310_MODULE 5
Departmental discipline has been imposed by various police stations to ensure that police officers do not violate agency policy. It is mandatory for officers to obey departmental restrictions on how to initiate an investigation, when to pursue it and when to discontinue it. Although failure to follow departmental policy may lead to internal discipline, it is not in itself enough reason to impose civil liability. However, in cases where officers go too far and violate the rights of citizens, the victim of misconduct is entitled to take action through federal and state laws. Civil rights laws protect citizens from abuse by government authorities and law enforcers. These laws allow attorney, compensatory and disciplinary damages as incentives to compensate injured parties and enforce their rights.
According to Heath, there are three ways for civilians to file a complaint on law enforcer brutality or misconduct. The ways include; internal complaints, criminal complaints and civil suits. Citizens are entitled to use any of these avenues to report the brutality. In the instance of injured citizens, they are mandated to file a lawsuit in the form of tort. Tort laws allow civilians to receive compensation for the damages incurred because of the action by an officer. This form of claim under civil suits is where the plaintiff is habitually awarded compensation in damages in the form of money. However, liability of damages by law enforcers on a state tort suit entirely depends on the immunities formed by the state law.
Kappeler, (2006), alleges that victims of the brutality are expected to sue an officer on the premise of their individual’s constitutional and common law rights being violated. The l...
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...with responsibility, accountability and transparency. Subsequently, it will deprive wrongdoers in the police departments of the opportunities to benefit from crimes and illegal activities. In conclusion, civil liabilities benefit citizens who are innocent parties injured by an officer and provide an avenue for them to report instances of police vices and brutality.
References
Burns, R. G. (2013). Policing: A Modular Approach, First Edition. Ph Proffessional Business. Heath B. & Grant, K. J. (2011). Law Enforcement In The 21st Century. Prentice Hall.
Kappeler, V. E. (2006). Police Civil Liabilty: Supreme Court Cases And Materials. Waveland
Press.
Miller, S., & Blackler, J. (2004). Ethical issues in policing. Aldershot, Hants, England: Ashgate. Prenzler, T., & Ransley, J. (2002). Police reform: Building integrity. Annandale, NSW: Hawkins
Press.
Dempsey, J. S., & Frost, L. S. (2012). Police Ethics and Police Deviance. An Introduction to Policing (6th ed.). Clifton Park, NY: Delmar Cengage Learning.
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
When hearing the phrase “police brutality,” many people imagine batons cracking skulls, tasers electrocuting bodies and bullets penetrating innocent teens. While police officers have been known to use violence, police brutality does not occur as often as many believe. In many situations, officers have to act on impulse and curiosity, despite the backlash the media may create.
Police brutality is hypocrisy; as the police are meant to protect society from harm, not cause further damage and stress. Police should be trained properly so they do not resort to violence and abuse of power. Many cases of police brutality and not sanctioned and are undertaken by a group of police as a form of "mob mentality". Police are placed on a pedestal of authority and respect by the rest of society. To maintain this image, rules and codes of ethics within the police force should be maintained at all possible times. If police are using brutality to resolve issues, it doesn't set much of an example of dispute resolution between individuals. Over the past decade police abuse remains one of the most serious human rights violation in the United States. Police officers are trusted and expected to respect society as a whole and enforce the law. There is a time a place for aggressive force if needed, apprehending a suspect, however the environment and situation might influence the moment thus resulting in the brutal and barbaric behavior from the cop. The important thing to do is to understand the circumstances when excessive force can be used and times where the use of force has to be abstained. Police officers follow a strict guideline in how to handle encounters from escalating into something much more serious. The use of excessive force, in this case police brutality brings liabilities that cannot be taken lightly with the department and the community. Usually the high crime rates tend to revolve around low-income minority areas and officers tend to assume that minorities living in the areas are guilty. Police brutality that does exist is most likely result of emotional exhaustion.
...olving officers, officer transfers, disciplinary actions against officers, and various civil and criminal claims against individual officers or against the police department as a whole.
Police brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against officers who use excessive force and violate the human rights of their victims. In some cases the police have injured and even killed people through the use of excessive force and brutal treatment. The use of excessive force is a criminal act and I will try and explore the many different factors involved in these situations.
...T., Reiner, R. (2012) ‘Policing the Police’ in The Official Handbook of Criminology. Ed. By Maguire, M., Morgan, R., Reiner, R. Oxford: Oxford University Press, 806- 838
Police corruption, misconduct, and brutality in the United States have been issues since the creation of watch system in the United States (Grant& Terry, 2012). New policy and training is now in place and the corruption, misconduct, and brutality has gone down since the beginning of policing. This is a huge issue that impacts all police organizations in the United States. The extent of police corruption, misconduct, and brutality is hard to track in the United States. A lot of these crimes go unreported, tossed aside, or the officer responsible gets little or no punishment. This is huge issue in the United States criminal justice system.
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 brutality remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers persists because of overwhelming barriers to accountability. This fact makes it possible for officers who commit human rights violations to escape due punishment and often to repeat their offenses. Police or public officials greet each new report of brutality with denials or explain that the act was an aberration, while the administrative and criminal systems that should deter these abuses by holding officers accountable instead virtually guarantee them impunity (Williams 45).
Background and Audience Relevance: According to the Human Rights Watch 2012 report on Police Brutality and Accountability in the United States; police brutality has become one the most serious human rights violation. As citizens of the United States it is our duty to make sure that those with authority don 't take advantage of their power.
Police Officers Oath of Office and Code of Ethics, A Question of knowledge Richard W. Deshon (2000) retrieved from: www.emich.edu/cerns/downloads/papers/PoliceStaff/
In this essay, I will examine the ethical issues surrounding police corruption and discretion in the criminal justice system. I will also define legality and equity and how they relate to police corruption and discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years. Police corruption weakens the public 's confidence in law enforcement officers. It also hinders the effectiveness of law enforcement officers whose job is to serve and protect. I will also define police corruption and discretion and the reasons behind police misconduct.
According to the National Police Academy, in the past year, there have been over 7,000 reports of police misconduct; fatalities have been linked to more than 400 of these cases (Gul). Police brutality is often triggered by disrespect towards the police officer. The most noticeable form of brutality is physical, where Chemical gas, batons, tasers, and guns, can be used for physical intimidation or to actually hurt people. Police brutality can also take the form of verbal abuse or psychological intimidation. It seems reasonable to understand that sometimes the police are put into situations where excessive force may be needed. But, because some officers use these extreme actions in situations when it is not, police brutality should be addressed and looked into by both the police and the public. For instance, a police officer who beats a nonviolent protester with a baton would probably be accused of excessive use of force, under the argument that the police officer probably could have dealt with the situation less violently.
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).