The following paper is to discuss the statement by Brien (1999, p9)” the Rule of Law is one of the necessary elements of any decent, society civilized society. More specifically, it is an ideal and aiming to practice it is a necessary element in any liberal, democratic community”. The ethical policies and practices of the New South Wales Police Force (N.S.W.P.F), including the Oath of Office, Missions and functions, Statement of values and Code of Conduct and Ethics will be discussed in relation to the “Rule of Law”. Two real examples will also be discussed to demonstrate the ethical dilemmas that exist in the N.S.W.P.F. At its most fundamental level the standard of law is the idea that both the legislature and public community know the …show more content…
The Oath of Office is a legally binding vow or affirmation that enables Original Authority & discretion. It Provides guidance on what to do & how to do it, at a high level. It requires you to keep the peace, impartially to the best of your ability, and faithfully according to law (ADPP, Lesson 1.3, slide6). Original Authority as stated in the Oath of Office, came from common law giving police the right to make a decision on rationality rather than command or authority. Police discretion can be defined as to act according to your own judgement where ever your authority leaves you free to do so, and at the same time being responsible for your own actions (ADPP, Lesson 1.3, slide6). The responsible use of power through discretion can also be displayed by liaising with the community on matters that are important to them. Birch (2011) and article 19 from The Universal Declaration of Human Rights 1948, both recognise that to maintain peace, the members of the community need to be given their right to express their opinions and ideas on how society and the police enforce and uphold the standards upon one another. Therefore signifying the Rule of Law. By knowing what the community expectations are, the governing party is able to develop and introduce Act’s to meet the societies expectations. This is seen in the Mission and
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can
In a democratic country law enforcement officers are expected to undertake their duties with dignity and respect thus following both the rule of law and its procedure. Law enforcement officials whose duty is to enforce the law should abide by the law and should be accountable for both their decisions and consequences of it. But the main issue is – quis custodiet ipsos custodes – who controls the controllers? This critical issue is of importance because the history of policing is littered with scandals in which police officers broke the law and also in which the police organisation failed to detect the deviance (or colluded in it; or tried to deflect investigations by defensive opposition). I will be examining in this article police corruption and its prevention and I shall focus on three main aspects: definitions of corruption; the forms it takes in different societies; ways of preventing
As each new member of a police department officially becomes a sworn member, friends, family and other members of the public gather as they speak an oath. The oath these officers take, promises their commitment to ensure the safety of the public they serve. This means more than protecting civilians from individuals who may stray from the law, but to also ensure the protection of basic human rights. Police and other public servants are given a great deal of trust and power, what they do with it is based on the ethics they choose to uphold. In this paper we will look at why it is important for these justice professionals to study ethics.
Over the years, the nature of policing has changed and developed drastically. Their role not only entails crime fighting and emergency response, but also social enforcement and social peacekeeping. Bound by a code of ethics, this highly demanding role asks police to remain professional in their dealings with society, and ensure they uphold the law impartially and fairly. When it comes to enforcing the law, it is important to look at the methods and approaches taken by police in order to combat crime, and whether or not they meet current ethical standards. Although this may be the case, it is also important to acknowledge that aspects of police culture such as loyalty, deception and protection of colleagues will ultimately shape the nature of approach to resolving crime, gaining helpful information and protecting fellow officers. Police officers are granted large amounts of discretion within their roles, however, when officers deliberately abuse this amount of discretion and become display misconduct, it becomes challenging to limit discretionary authority of police officers because of the frequent circumstances they encounter where deception may provide highly constructive outcomes. Throughout this essay, methods used by police officers including entrapment, wiretapping and planting of evidence will be assessed for their strengths and weaknesses. Furthermore, the ethical standards of these methods and approaches will be assessed as to whether or not they prove as ethically
After reading the article titled, “The Challenge of Policing in a Democratic Society: A Personal Journey Toward Understanding” by Officer Charles H. Ramsey, I was able to relate with his view points and argument. In this article Ramsey, who was a sergeant for the Chicago Police Department discussed the core of ethics. His main example was the Holocaust in Europe during the 1930’s and 1940’s. Ramsey stated police officers worked together with the Nazi soldiers during this time and in return were not protecting their citizens. Similarly, when the police made no intervention to the killings and hangings of blacks in the south of the United States during the Civil War era.
Organizational climate is essential in developing a culture of incorruptible individuals and this climate is set by the organizations leaders. Within the SCORE unit of the Kansas City, Kansas Police Department (KCKPD) at the time of the indictment, it was not clear if leaders set a tone of ethical conduct, nor did it appear that principled conduct was the cornerstone of the command leadership philosophy. Specifically, all ethical standards for Kansas City Police Department are derived from Wyandotte County Unified Government code of ethics and the police department lacks police specific philosophies toward ethical conduct (Unified Government Ordinance, 2009). Although, the International Chiefs of Police have established a code of honor adopted by many police departments, it is unclear bases on empirical information what KCKPD leadership expected of their Police officers. For instance, it is vital for executive to formulate as stated by Martin (2011), “an agenda that explains the moral purposes of the department” (para. 6). Therefore, not making an ethics based agenda and delivering a repetitive and deliberate focus on such an agenda to all levels is one failure by leadership to have contributed to creating a perceived environment of unethical conduct. On the other hand, senior managers cannot root out corruption without captains, lieutenants, sergeants and senior officers. Middle and first-line leader are essential to the command structure ensuring high standards are
For decades people of all ethnicities, religions and sexual orientation have been victims of harassment and brutality by the Police who are paid “to protect and serve” the community. What they do or fail to do can affect seriously the span of the damage to life, property, and community spirit. Police officers are required to take an oath when they first join their department. The police oath is a code of ethics. Are
The New South Wale’s police system have failed to meet the needs of its society due to the misuse and misconduct of its given powers. The police have a large amount of discretion
Law enforcement (police) subcultures have specific set of moral values and a certain mentality exhibited by those in law enforcement. It’s always the public against the police so they form an alliance for supportive reasons. However, people may believe police subculture is breaking down. Police subculture is breaking down because it is inconsistent with the formal morals and values related to the culture and that police are not the same as each other in their qualities and attributes. Examining ethics and its relation to the police subculture is important to help delineate not only the grey area of ethics but also the grey area within which the police operate (McCartney and Parent, 2015). For example, police officers are known to defend their own whether its something right or wrong. However, if another officer feels that the situation interferes with their morals, then it becomes inconsistent with the other officer’s
The Commissioner of Police is the director of SAPOL, who reports to Australia’s Minister for Police. Concurrently, the Australian Police would be in a better position to undertake their duties to the country, if they appreciate and acknowledge their historical foundation, and the foundation of the entire policing body in the country (Murray 2007). Therefore, the agency’s appreciation of the historical fact that it is the oldest within Australasia, and that it initially employed former convicts or soldiers who volunteered to join, would evoke a sensation of willingness to perform in the current policing body of South Australia (South Australian Police Historical Society 2011). The current body would regain the past spirit of working as volunteers, and working for among the best-organised policing agencies in the world, which would steer them towards effective facilitation of law and order in the region (Coumarelos, et al. 2012). Additionally, an appreciation that the current policing agencies, including the South Australian Police, draws from the United Kingdom’s model, would promote willingness to establish cooperation with UK and other agencies in the country, in order to ensure law and order in in Australia (DeKeseredy & Dragiewicz 2011). Furthermore, an
Numerous police agency’s and police officials work on a distinctive local, state, and federal level and role. It has its individual area, sectors, and function, and work according to local streets parts inside policing. In order for any local, state, and federal police division to work successfully it must hire chiefs, deputy’s, and sheriffs who retain leadership and who uses creative thinking skills to teach comprehensive, and aggressive instruction to make the police division a tougher department by holding all its workers tasks for doing his or her job according to its agency’s guidelines and procedures known as code of conduct. “Municipal police work for municipalities such as towns or cities, county police and deputy sheriffs work for counties, state police work for states, and federal police work for the federal government. Some have the same duties as one another or very similar duties, and some have different or additional duties. Their jurisdiction is sometimes the main difference. For example, a municipal police officer normally has primary
Imagine that you are a police officer, and you are working patrol downtown. While you are on patrol, you observe a car speeding and driving wreck-less. You pull the car over and discover it is the Chief of Police. The Chief apologizes and informs you that he had a little too much to drink at an event he attended tonight. He tells you that if you let him go he will see to it that you receive a promotion. What would you do? Would you follow the protocols and procedures? Or let him go? As a person of power you have the option to choose to uphold the law or look the other way. This ethical dilemma displays police corruption and discretion. This paper will examine different studies
Law enforcement agencies and the laws in which they uphold have been shaped by a number of historical antecedents and philosophical perspectives according to Frank
Ethics by definition states that it’s the study of morality. Ethics are the basis of our criminal justice system. From the arresting officers who take an oath to serve and protect, to the attorneys and courts, we assume the behavior and rules are ethically and morally sound. We as the public should think we are in good hands when it comes to the Criminal Justice System. I think we should have people in the system with good morals and great values. We want to be assured that our laws and those enforcing them are supported.
This paper will describe police power and police authority. I will also talk about police discretion as for as whom gets locked up and who is allowed to go free. This paper will discuss the different use of police force. In this paper I will also talk about police attitude, police misconduct, and physical abuse among police officers.