The Rule of Law and Police Force Ethics
In simple terms, the idiom “rule of law” refers to a requirement for citizens to comply with the law (Trebilcock & Daniels, 2009). In a legal sense this means everyone must follow the law, and law officials must enforce these laws within the powers they have been legally authorised with (Trebilcock & Daniels, 2009). The Rule of Law is a concept that has been described from both functional and ideological perspectives (Trebilcock & Daniels, 2009). In Australia it functions as an important and inherent part of the constitution and separation of powers (legislature, judiciary, and executive) (Hunter-Schultz, 2005). Brien (1999, p. 9) argued, “The Rule of Law is one of the necessary elements of any decent, civilised society. More specifically, it is an ideal and aiming to practice it is a necessary element in any liberal, democratic community”. This essay will discuss what this statement means and how it relates to the ethical policies and practices of the New South Wales Police Force (NSWPF).
Brien’s (1999) statement associates the concept of the Rule of Law with democracy and liberty, thus evoking its egalitarian and anti-authoritarian properties. The Rule of Law is widely considered a key element to democracy, and has also been touted as a critical element in promoting human rights and “good law” in society (Licht, Goldschmidt & Schwartz, 2007). Brien (1999) refers to the Rule of Law as “ideal”, suggesting that the need for
This paper will discuss the various ethical dilemmas facing school resource officers (SRO). This will include problems with 4th amendment protections of students, interviews and interrogations of juveniles, as well as, privacy issues expected by students and faculty. Other issues to be will also address two sociological theories, the Self Efficacy and the Modeling theory. I will also discuss how school discipline is being reclassified in to criminal behavior resulting in many children being classified as criminals due to minor behavior problems. Finally this paper will discuss the SROs role, should it be public servant, or crime fighter.
Hey, Melinda did you know “Deception can occur in any or all three stages of the detecting process during the investigation, interrogation, and court testimony” (Ciske, 2009). Criminals have every reason to expect that law enforcement officers are going to use deception against them, just as well as they lie to escape accusation. The law enforcement officers in this situation must take into account what sorts of methods are permissible and what the costs are. However, law enforcement officers have to take into account a confession is a substantial piece of evidence that can be presented in court. If the police have to lie to get a confession, it’s still up to the judge to determine if the suspect confession seems voluntary. People may disagree with police tactics during interrogation; however, police are not trained psychologist their deception during interrogating of a suspect has solved numerous of crimes. Therefore, law enforcement interrogations are videotaped inside the interrogation room to create an objective record of police questioning to which all interested and potentially interested parties may appeal, suspects, prosecutors, defense attorneys, and juries. (Wakefield & Underwager, 2014)
Are police ever justified in committing illegal acts that violate others rights are they ever justified especially when there is no personal gain but for reasons that may seem to be about a higher purpose. This is the argument for noble cause corruption. This idea brings it to the end justifies the means thinking. If we start down this line where can it lead us? The idea that we can justify any action that would violate civil rights and other laws because we feel that our cause is noble and it is not being done for personal gain but the good of others can lead us into some dark places. The noble cause thinking is
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.
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
On January 15, 2016, a Gainesville, Florida police officer named Bobby White responded to a report of kids playing loudly in the streets. (Earl, 2016) Upon arrival, the officer parked his patrol car and notice a tall boy playing basketball, he asked the boy “Can you believe someone's calling to complain about kids playing basketball in the street?” (Earl, 2016) The boy didn’t respond, and instead Officer White smiled and stated that he had no issue with these children playing in the street, he then procced to playing basketball with the kids. (Earl, 2016) A Gainesville Police Department spokesman named Ben Tobias told CBS News, that these kids were out exercising not sitting inside playing video games and that at times society forgets that
Police Ethics when policing minorities and use of force is a hot button topic socially today. With the recent climb of deaths caused by Police or while in police custody the questionability of ethics in minority has risen among all and not just with the minority groups. There are many current cases where the use of force that police officers chose is queried on excessive force. Recently there are several cases that bring investigation into the ethics of the officers who are involved in using deadly force. In a heartbeat the decision must be made of when and how much force is needed for the situation. Excessive use of force by some police officers, violating one human rights include unjustified shootings, fatal choking, tough beatings and rough treatment, continue because low levels of personal accountability continue to make it possible for officers to escape punishment and allow for repeated offenses. The ethics of officers involved of a case when force is used should be thoroughly investigated and questioned by the proper authorities as well as all involved.
The Criminal Justice System is just like every other agency or corporation ever. Police integrity and ethics are fundamental to effective policing and helps with building trust within communities. Sound conduct by police improves the community interactions, enhances communication, and promotes shared responsibility for addressing crime and disorder. (USDOJ, 2014) Restoring ethics starts from the beginning, and that is too look harder into the employees or officers that you are going to hire. The thing is that it is much harder than it sounds. People can change or lie on their interviews. So you will never be able to fully prevent every person who might break ethical codes from entering into law enforcement. What you need to do first is let all new officers be aware of what they are getting themselves into.
Today, police discretion is a very important aspect to the criminal justice field. There are different substances where discretion is not discipline enough or not monitored enough even though having discretion is not always bad. There are still ways to abuse it and today police officers have their own way of using police discretion for different situations. Discretion can be defined as someone having the power or authority to make a decision based on what they feel should be done in a certain situation. Police officers are taught how to handle certain situations according the law. But when the officer is on duty no one is there to make sure that they are making the right decisions that follow the law and according to the law, there are not set guidelines in the law for police discretion which give the police officer an advantage. Discretion is used by police officers when they are facing a decision with a bunch of results that could handle the situation but the officer has control to pick which result they would want to choose.
According to Webster’s Dictionary, ethics is defined “as the discipline dealing with what is good and bad and with moral duty and obligation” (Merriam-Webster Online). This concept is prevalent in the world of police work since police officers are supposed to be the “good” in whatever is considered a “bad” situation. Many police departments offer training in ethics during the time in which a cadet is in the police academy and after officers are put on the streets, which is called in-service training. It is the hope that while this training is available to officers, that they hold a basic code of ethics within themselves which
In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the
Police subculture undermines ethics and has a constant influence on officers’ decision-making process, which ultimately leads to misconduct. Police, like most professions, have a secretive yet unique type subculture because the lifestyles of its members are significantly different. Law enforcement officers tend to befriend other officers or people with similar roles within the criminal justice system. Many times, friendships extend to firefighters and other civil service personnel to include military members.
The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.
“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.