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Dec 6, 2023

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Can peacemaking, justice and ethics every become fully realized? I believe that peacemaking is the foundation for change in our criminal justice system and world. Peacemaking is composed of three main components: connectedness, care, and mindfulness (Braswell, McCathy, McCarthy, 2008). Humans are naturally “connected” and bonded to others and the environment they are in, rarely do humans feel the need to be completed isolated (Braswell, McCathy, McCarthy, 2008). One must be aware that because we are all “connected,” their actions do not just affect themselves, but they have an impact on everyone around them and that actions have consequences (Braswell, McCathy, McCarthy, 2008). Even if we cannot see everyone, internally, one must realize that they have an impact on everyone else. Caring involves both the masculine approach (focuses on law and principle) and feminine approach (rooted in receptivity, relatedness, and responsiveness) (Braswell, McCathy, McCarthy, 2008). Mindfulness allows us as individuals to experience a transcendent sense of awareness (Braswell, McCathy, McCarthy, 2008). It allows us to be present in the moment, but also thing of bigger picture. Being mindful allows us to think of others, rather than being self-centered all the time. Peacemaking encompasses connectedness, care and mindfulness which can in turn be applied in the criminal justice system as individuals will be more morally and ethically focused (Braswell, McCathy, McCarthy, 2008). Peacemaking must be an internal decision that is made by everyone and requires the recognition that there is a problem within the criminal justice system with open mindedness as to what could be and come (Braswell, McCathy, McCarthy, 2008). Society doesn’t know what life is going to throw at it at any time, but as individuals we can choose how we are going to respond. Peacemaking, justice, and ethics can be fully recognized, but it is a long process and takes commitment, but it must be started internally and as a result, it will feed over in other aspects of life, like the criminal justice system. For peacemaking to work, society and law enforcement must let go of trying to make crime disappear, and instead let the peacemaking work for itself (Pepinsky, 2013). Through transformation and the peacemaking theory, crime will reduce, but it is a process and takes time and commitment from everyone. Braswell, M., McCarthy, B. & McCarthy, B. (2008). Justice, Crime, and Ethics, Sixth Edition . Matthew Bender & Company, Inc. http://mis.kp.ac.rw/admin/admin_panel/kp_lms/files/digital/SelectiveBooks/Philosophy/JUSTICE, %20CRIME%20AND%20ETHICS.pdf Pepinsky, H. (2013). Peacemaking criminology. Critical Criminology , 21(3), 319-339. doi:https://doi.org/10.1007/s10612-013-9193-4 Utilitarian and deontological approaches to criminal justice ethics. What is stronger as it regards ethics and policing. Why Labeled as a consequentialist ethic theory, utilitarianism is the theory that society judges the morality of an action as the consequences or results of that action (Braswell, McCathy, McCarthy, 2008). This theory looks at that a moral action results in something good and that an immoral action results in bad or harmful results (Braswell, McCathy, McCarthy, 2008). Under this theory, an action is moral when the greatest number of people receive the greatest amount of happiness (Braswell, McCathy, McCarthy,

2008). Deontological ethics is a theory that humans must perform certain actions, regardless of the consequences (Braswell, McCathy, McCarthy, 2008). An example of this would be an officer pulling over a drunk driver and taking them to jail while, knowing that them going to jail is a negative consequence. Regarding policing and ethics, I believe deontological theory is stronger. Law enforcement officers have a duty to fulfill no matter what. This theory judges the morality of an action based on rules and as a result, action is more important than the consequences. Law enforcement must uphold the law, as the law is in place for a reason and if law enforcement doesn’t uphold the law, then what is their purpose? Law enforcement must enforce the laws and regulations because they are obligations, regardless of the consequences. 1. What are some of the fundamental reasons we see police officers engage in misconduct? Why are these ethical violations so serious and how do they impact their relationship with the community? Fully explain and support your answer. 2. The use of force, i.e., when force should be used and in what manner, by law enforcement is constantly an issue for debate. Explain your view on the use of force by police. As part of the response give a situation (real or hypothetical) that illustrates your view. Be careful to fully explain and support your answer. For the second question, the following video is presented (copy and paste the URL in your browser to view it). Here you will see a police officer using what was ultimately deemed to have been excessive force. Ultimately it costs him his job. What do you think happened here? Are the actions justified? Go beyond presenting only your opinion. https://youtu.be/UKM9dtQw9bs Police misconduct is the illegal or inappropriate actions taken by law enforcement officials as outlined in state and federal law, and/or police departments rules and regulations (Pirius, n.d.). Some of the more “popular” misconduct is excessive use of force, witness tampering, racial profiling, brutality, corruption, and coercive interrogations (Pirius, n.d.). Depending on the department though, something as simple as taking a free coffee from a store can be labeled as misconduct. These actions do not have to just happen while an officer is on duty, they can also happen when an officer is off duty (Pirius, n.d.). When these actions take place, the administration of justice is threatened as well as the trust between law enforcement and citizens (Pirius, n.d.). Some of the misconduct that officers participate in is illegal, and they would arrest the average citizen for doing the same thing but protect themselves and their “brothers.” Misconduct and corruption in a department causes the community to lose trust and respect for the officers, harms the overall morale within the department and undercuts discipline (Pirius, n.d.). Officers often do not tell on other officers for their misconduct or whistleblow due to fear of reprisal, possibly losing their job or being moved to a different department, and they fear it will hinder their relationships with others in the department. For me, use of force is any force that is applied to gain compliance of an uncompliant individual. I believe officers should use force that is objectively reasonable based on the totality of circumstances. Use of force is easy to judge in hindsight, but when an officer’s life or other individuals’ lives are on the line, an officer must decide based on the facts and circumstances in front of them.

For example, I am female, 5’6, about 135-pounds and in my late 20s. The force that I would need to apply to get a 6’0, 300-pound man in his 40s is way different than the force that a 6’0, 250-pound male officer in his 30s would need. Proportionality is also a factor when it comes to use of force in my eyes. The US Air Force teaches us to use only the amount off force that is necessary to gain compliance and control of the situation. So, if I am facing a suspect that has a gun pointed at me, I am not going to start with verbal judo, then move to my taser and then pull my gun. I will immediately pull my gun to match their gun, does that mean I will use it, no but it is available if needed to protect my own life (self- defense). The Air Force gives us as defenders, 8 conditions for use of force and I believe they give the best guidance for officers. They are self-defense, defense of others, assets vital to national security, inherently dangerous property, national critical infrastructure, escape, arrest, or apprehension. At about 1:20 in the video I already noticed issues with this traffic stop. Verbal judo is an absolute must for officers. The way an officer speaks to a suspect can have a drastic effect on what is to come. Additionally, at the time he put hands on the suspect, to me, it was not warranted yet. If an individual is under the influence, patience is required. At 1:45, when the officer pulls the taser, I was in shock. First, it is three grown men against one. He was not putting up a fight nor being belligerent. Yes, he wasn’t putting his hands behind his back, but there was no need for the officer to pull his taser and use it. Furthermore, from the angle I had, it did not appear the suspect had any weapons on him, nor did he present any toward the officers. Something else I found interesting is that in the description of the video, it says the Officer tried to hide dashcam video of the arrest. That right there is an example of police corruption. Why would the officer need to hide the video if what he did, he believed was justified. He clearly realized he used excessive use of force and was trying to cover it up. Pirius, R. (n.d.). Police Misconduct. NOLO . https://www.criminaldefenselawyer.com/resources/police- misconduct.htm#:~:text=Most%20often%20when%20we%20hear,witness%20tampering%2C%20or %20racial%20profiling. 1. Explain how "the desire to win" can lead a prosecutor to pursue a case that should be dropped or choose to not disclose evidence that would exonerate a defendant. How does the organizational/occupational culture affect their motivations? Give a real life example of prosecutor misconduct and indicate briefly how/if that prosecutor was punished? 2. What can be done to reduce prosecutorial misconduct? 3. If you were to outline an ethics policy for a district attorney's office, what would be three important points you would want included in that policy? There are two sides in the criminal justice system, a side that wins and a side that loses. The government’s “win” is when a defendant is convicted on the charges they face and punished (Fish, 2018). If the case is dropped or later vacated, the government “loses” (Fish, 2018). The prosecutor’s role is to make strategic decisions that will favor victory in conviction and punishment (Fish, 2018). It is believed that prosecutors that seek maximum convicts and punishment are more likely to use their charging and plea-bargaining discretion for guilty please and excessive sentences (Fish, 2018). Prosecutors do not want to be viewed as soft by the public or others in the criminal justice system, so

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