Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
In chapter 11, the author continues the discussion on illegally obtained evidence but, this focuses more on the consequences for official misconduct. There are three remedies that affect criminal justice officers: Criminal law, Civil law, and Internal and External department review. Even though the assumption is that discipline from the law should equally apply to government officials as it should to regular civilians, this is not the reality. Often, judges and juries do not view police misconduct as a crime. Police misconduct is, in reality, a crime and there can be lawsuits filed against individual law enforcement officers, officers' superiors, law enforcement agencies, government units in charge of officers and department for money damages.
When analyzing the use of force, it is important to answer two questions: Is the force used reasonable? Does the situation warrant the use of said force? These two questions have become important particularly with the Supreme Court determination on the Graham v. Connor case, which made a decision on cases that involved the use of force. This determination affects future cases and how jurors and the courts of law will determine such cases and provide a blueprint on how the judicial process is undertaken in such matters. This paper will indicate the influential case of Graham v. Connor and examine it thoroughly by comparing it with other cases that have a similar outlook. All this is to understand the standards that police officers are held to,
Dishonesty from the police, especially from internal investigations, is a significant issue and absolutely intolerable. This issue regarding the practice of these immoral ethics is often disregarded. In fact, this is not even slightly talked about as a serious matter of importance. However, it remains an ever-present reality and continues to be a persistent, yet infuriating subject that plagues our moral conscience as a people. As citizens, we place trust in the Government to assure us an honest, respectful representation from those investigations. Even with civilian oversight, there is obvious favoritism. Hence, there is need for us to be scrupulous regarding the matter (Anderson, 1995). The fact that these unfair practices continue to take
Law reform has had a major impact on the achievement of justice in the criminal investigation process. With the introduction of new laws and amendments of previous ones, the law has attempted to achieve justice for victims, offenders and society in the criminal investigation process. This is particularly evident through the areas of police power, bail and gathering evidence.
When a person becomes a peace officer - or any position that has inherent authority - ethical dilemmas will soon present themselves. If such an individual has divorced the concept of morals and ethics from practical daily-living then you can expect their decision-making to end where the consideration of others begins and therein lies the root of much of the world’s ills. The result of such actions harms not only the officer and the victim but reflects on the whole of the American criminal justice system. Because of their visibility the necessity for officers to not only to have a working knowledge of ethics but to practice the highest conceivable notion of it - including morality and impartiality.
Law enforcement faces ethical decisions on a daily basis due to their responsibilities in protecting its citizens. The decisions they make affect the views of society towards police departments. With the use of police discretion, officers include various criteria in making those decisions. Control mechanisms contribute to the enforcement of laws that constantly change, directly changing an officers discretion in situations where decision making plays an intricately significant role.
The purpose of the study is to re-evaluate the process of criminal investigation so we can understand the reasoning behind it. In the past, there was no real research to help aid people and to give them a better understanding
EXPLAINEDThere are three types of torts: Negligence, Intentional torts, and Strict Liability. My chosen tort is an intentional tort which is when the actor has the intent to engage in the conduct that will breach the rights of an individual or injures that individual. My tort is referred to as Battery. Battery is defined to as causing or threatening to cause physical injury to a person without his or her consent. Assault and Battery are commonly done together because battery is considered the completion of an assault (Elias v. Davis, No. WD 80259, 2017 WL 5196077 (Mo. Ct. App. Aug. 8, 2017)). Battery can occur with medical examinations, which is when a physician performs a medical procedure without the valid consent from the individual (Pierce v. Pemiscot Memoral Health System, 25 F. Supp. 3d 1198, 1211 (E.D. Mo. 2014)).
This was a case riddled with corruption and misconduct, from the police to the prosecutor to the judge. Although their tactics seem unethical and immoral, “the use of trickery, and even deceit, by police in...