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. Keywords: legality, equity, police corruption, police discretion
Police Corruption and Discretion in the Criminal Justice System
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There are several ethical issues that surround police corruption and discretion. Police corruption is defined as police misconduct. This occurs when police officers break their social contract by abusing their authority for personal advantages, department advances, or both. According to social contract theory, police officers are obligated to follow the code of ethics and moral standards of the criminal justice system. Police discretion is defined as the power to make decisions as to whether or not to follow police procedure and protocol, or give someone a …show more content…
This may be difficult due to corruption within the criminal justice system. When police officers and administrator successfully operate within the law, the public feels safer. This is important to police systems, administration, and practices because in order to enforce the law, you must first abide by it. The deontological ethical systems relate to legality when it comes to police corruption and upholding the law. According to the deontological ethical systems, the nature of one’s action must be morally right, adhering to the rules of their position. Referring back to the ethical dilemma in the introduction, as a police officer you have a duty and moral obligation to following police procedure and protocol. Although pulling the Chief of Police over is a good act and is for the greater good of the people, it would still have bad consequences. “When the consequences of a decision are bad, the teleological or consequentialist ethical system does not support it” (Miller,
Each position in criminal justice holds power and responsibility, and therefore, it is very important that said people in those positions do not abuse it. Unethical behavior in the criminal justice system takes away trust and respect from authority, and as a consequence, the law is more easily disregarded if the people lack faith in the system. It can, also, contribute to crime and/or cause citizens to not report crimes. Society should have indubitable confidence in the men and women of the criminal justice system. Law enforcement officers violating even the smallest rule could lead to more serious infractions. Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized." Having less than ethical persons in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime.
Police corruption is a difficult issue cities have to deal with and one of the oldest problems in the police force. Corruption can be defined as the mistreatment of public power for personal benefit or private and the use of excessive force either emotional or physical. In this essay I will explain in detail federal indictments of Los Angeles Country Sheriff officers use of mistreatment of jail inmates and visitors. Another topic I will explain is the transfer of Los Angeles Country Sheriff hired officers with questionable background. Finally I will end by analyzing the hiring of new Sheriff deputies under the “Friends of the Sheriff” program. There are several ways police departments could take to reduce police corruption. The three areas I think should change are the training officers further in how to diminish abuse, improving personal character of officers, and incentives program.
Police misconduct has been in existence since the 1600’s, European Influence on American Policing. Ironically, Police Officers in modern day continue the legacy of the police “culture” (Barry, 1999). A culture of abuse of authority or discretion, code of silence amongst officers, discrimination, and a strong belief that “cops — and firefighters — stick together, in life and death situations” (Wetendorf, 2004). Regardless of the abuse of authority officers conduct, it is a clear sign of poor ethics and morals amongst officers.
In law enforcement, discretion is left up to each police officer to make responsible and reasonable decisions on situations while in the field. A police officer will have no choice but to use discretion in certain situations and make decisions on what type of force or punishment is necessary for the situations. Many people in the society always believe that police officers can make any decision they wish to at any time while working. This is very wrong because there are situations whereby a police officer or even the chief of police has no other choice, but to follow the law in making decisions. The role of the police administrator is double challenging because, he/she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members ...
For numerous years, corruption within the police department has been a national problem. The corruption is not only limited to America, it reaches parts of Asia and Europe. Police officers are investigated regarding this issue, with good judgement. Corruption and misconduct in the police department are evident in various embodiment.
In this paper, the ethics of police management is examined in the framework of organizational justice and how management strategy effects police corruption through employee perception and proper employment strategy. Organizational Justice as studied by Muchinksy (2008) and cited by Crow, Lee and Joo (2012) is the concept of how employees perceive their treatment by management. (Crow, Lee, & Joo, 2012)
So can there be such a thing as ethical police corruption? It seems so in these two examples, in the end the obviously guilty party paid a punishment somehow. I think Lieutenant Ed Exley and Officer Jack Hoyt have defined the line between moral and immoral police corruption. If the corruption adds to the problems in society, the corrupt individual needs to have proper punishment imposed. If this punishment can only be given by an underling officer who knows the truth then let what needs to be done be done. The end justifies the means.
Police discretionary practices vary from officer to officer and every officer is differently trained by departments. Without the proper use of discretion out on the field, police officers are left open for legal suit actions however, if the officers are trained and exercising the use of discretion in a good manner, each individual officer can be held accountable. The second disadvantage of use of police discretion is that it allows the police officers to have too much power on making decisions which can affect the life, safety or liberty of an individual (Bargen, 2005). Police discretion presents a clear danger to society because the average officer can make a poor decision and affect the life of a person or persons. If discretion in law enforcement is used in a wrongful manner, it has great potential for being abused out of the field. Discretion allows police officers to “perform a duty or refrain from taking action” (Gaines & Kappeler, 2003, p. 251). Police officers are supposed to enforce equality under the law, people in society all should have equal rights and should be treated the same. However, discretion allows police officers to misuse it by treating offenders of different genders, race, class, ethnicity, religion, age and more inappropriately (Pepinsky, 1984). Law enforcement officers are
Police corruption and misconduct come apparent in many different forms. A basic definition for police corruption is, when an officer gets involved in offenses where the officer uses his or her position, by act or omission, to obtain improper financial benefit. The main reason for such corruption is typically for personal gain, such as bribery. Police abuse of authority occurs in three different general areas such as physical abuse, psychological abuse, and legal abuse. Physical abuse is such abuse where one uses excessive force or physical harassment. The psychological abuse occurs through disrespect, harassment, ridicule, excessive stops, or intimidation. Finally, legal abuse is abuse that occurs during unlawful search and seizure or manufacturing evidence (Pollock, 2012). One source describes police corruption in eight different ways. They include: corruption of authority, kickbacks, opportunistic theft, shakedowns, protection of illegal acts, the fix, direct criminal acts, and internal payoffs (Roebuck & Barker, 1974).
Martin, Rich. "Police Corruption: An Analytical Look into Police Ethics." The FBI Enforcement Bulletin May 2011: 11+. Academic OneFile. Web. 9 Feb. 2015.
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
Discretion is the power given to officers to be able to choose to arrest someone based on their circumstances and the offender 's intentions. In other words, law enforcers are able to use their own personal judgement to judge incidents, Without discretion officers would have to arrest all offenders of the law, however occasionally these offenders had no true intention of infringing the law and it was an honest mistake. With discretion officers are able to turn the other cheek at the infringement of the law, if they feel morally obligated to. There are cases where the offender and victim are not so clear cut, cases such as verbal abuse are hard to determine who the victim. In this case, officers are required to use their own judgement to determine who instigated the fight (Hirbyand n.d.). This becomes an ethical dilemma, as the outcome of justice relies heavily on the officer 's judgement. When an officer 's past experience and discretion come together, morality becomes an issue. According to Bureau of Justice Statistics (2010), Black males aged between 18 to 20 are most likely to commit crimes, when an officer learns about these statistics, it may be applied with discretion. This is where morality becomes an issue as it is morally wrong to generalize a race, however since statistics have indicated that black males aged 18 to 20 are more likely to commit a crime,
Police corruption is a nationwide problem that has been going on for many years. Not only is corruption a problem on our own U.S. soil, but police practices of corruption go as far east as Europe and Asia. Many studies, polls and examinations were taken to find out how exactly what the general publics’ opinions of the police are. Officers receive a lot of scrutiny over this issue, but for good reason.
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).
What is police corruption? Overall police corruption is an officer’s personal gain through the misrepresentation of police power. Police corruption comes in many forms. It can be as insignificant as accepting a free cup of coffee from a coffee shop, accepting bribes in lieu of investigation or arrest, ticket fixing, and greed. Cases of police corruption are cited frequently across the United States. Corruption is nothing new, but why does it continue to go on within law enfo...