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Unethical discretion in police
Police discretion corruption
Police discretion corruption
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A Chief Justice by the name of Warren wrote a five to four opinion on what really concerned him when it came to the privacy of interrogations. He wrote: “In a series of cases decided by the Court long after these studies, the police resorted to physical brutality—beatings, hangings, whipping—and to sustained and protracted questioning incommunicado in order to extort confessions … The use of physical brutality and violence is not, unfortunately, relegated to the past or to any part of the country” (Greenwood, 5.6) What he meant by this is that in the past police enforcement has resulted to violence in order to get what they needed from the suspect.
One primary legislative cause of the difficulties in prosecuting police is the 1986 the United States supreme courts case, Tennessee v. Garner, which did not allows usages of deadly force by an officer unless "the officer has a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others" but the rhetorically vague term "good-faith belief" allowed an objective reason to kill and created a barrier in proving an officer is guilty in court system. While this old legislative piece accounts the difficulties in prosecuting police, the traditional unspoken rule of police officers not to report against colleagues cause corruption in the process of prosecution which is another source of
The work that police officers do is very complex. There are different rules and codes that they are supposed to follow in order to accomplish their job at their organization. Police officers present different behaviors while patrolling and in other areas of policing that creates many confrontations with the society as well inside their departments with co-workers and other people above them. In police departments exits different codes that police officers follow that many times create that police misconduct and police brutality stay under the rug, without been penalized. In the movie Fort Apache the Bronx it portrayed how police corruption, misconduct and unethical behavior were part of their daily work just because they followed certain codes
For example, in the case of Keith Lamont, the police did not release the video of the shooting immediately. I understand that they should handle the situation carefully in order to prevent instability, but I also think they are abusing their power to control what is released and what
There is unethical behavior in the NYPD and although it is a small number of police officers that cause this problems it is a huge impact in the community. Once a police officer accepts gratuities, misuses their badge, practice racism and discrimination, or misuse privileged communications, or confidential information and much more it is considered unethical conduct. For example, If a person is being arrested and is cooperating with the police and not resisting arrest but simply following instructions then, in that situation their is no threat and the use of force should not be
Depriving someone or a suspect of their rights is illegal. Title 18 of Section 242 makes acting under and color of law to deprive a person of the privilege or right protected by the Laws of the US or the Constitution (Deprivation Rights Under Color Law). This shows that the police can not keep someone from their civil rights. If people under any color of law deprives a suspect of their rights they will be consequented, and if any damage done to the suspect the consequences are worse. If any one conspires to deprive the suspect of their rights, immunities, or privileges protected by the Laws of the US or the Constitution, will be imprisoned for no more than a year or fined, if not both.
Obviously, the most current and most defining example was the NSA spying enacted by the Patriot Act and even more hidden; FBI spying during the Civil Rights Movement. When the Patriot Act was signed by President Bush, this allowed the creation of FISA (Foreign Intelligence Surveillance Act). This allowed wiretap requests and "…did not have to give the probable cause for suspicion, the reasoning or evidence that explains why the suspect should be investigated" (Stefoff, 2008, p. 44). Arguably, these requests were split into two categories: terrorism and suspicion of crime.
In Law Enforcement and enforcing the law there is six areas in which police departments have been found to be defective or deficient. This is a very difficult topic for me to agree with because police officers are put in to very stressful and unknown circumstances on a daily bases. In many cases these scenarios require a decision to be made in a split second or it could be life or death. This split second decision has months and months to be twisted and picked apart by lawyers, jury, and mostly the media. Another reason police receive such attention is because it is their job to be in the view of the public at all times and today’s technology is making it even more difficult for them to effectively and efficiently do their jobs.
Discretion is an official action taken by a police officer or any other agent of criminal justice in whereby they use their individual judgement to decide the course of action suitable for an occurring incident. In criminal justice, an officer considers the totality of circumstances before reaching on a decision to either take legal action or not against an individual. And to what extend the and kind of action will be take (Griffiths, 2013: 122), for instance; warning or arresting the individual. Furthermore, discretion is the privilege or permission granted to officers to use their own judgement to make practical decisions. However there are also attached constraints to this.
Police Brutality in the United States of America Police brutality has been a problem in the United States of America for a long time. The regulations that cops should abide by hasn’t changed, but the actions of officers have. Police officers have a different view of the rules that they should follow. The power that police have has gone to their heads, and they take advantage of the power. Police are needed in America because of how society is, but there are things that the police do that shows a complete misuse of their power.
For example, the New York City law enforcement used an unethical approach of stop and frisk coupled with racial profiling generating a disproportionate of minorities arrested. In a 13-year period starting from
Policing in America Policing in the United States of America has a very rich history. During the early colonial times, it took two forms, that is, informal and private-for-profit which is also called “the big stick”, this was almost similar to the policing in England since development of policing in America very much followed closely the development of policing in England. This informal type of policing was mainly communal and was often referred to as “the watch”. It was mainly composed of volunteers who were trusted with the tusk of warning their fellow community members of impending danger.
Officers abuse their power and most of the time get away with it which is not right, they are figures that the public trust to enforce the laws and keep them
Why did Lieutenant Jimmy Cross accept the blame for Ted Lavender 's death? He was the First Lieutenant and it was his responsibility to keep his unit safe. It also showed that Jimmy Cross was becoming a man.
Corruption is a type of misconduct and offense in which the police break their contract and oath by abusing their power for personal gain or even for departmental gain. Examples of types of police corruption a. Bribery- police officer receives bribes so that they cannot write tickets for people who have gone against the law for example, from prostitutes and gambling, bribery does not only affect the united states but its world spread, examples of other countries with highest percentage of bribery are Pakistan and France. b. Assault on suspects- police officers use excessive force on suspects leading to injuries and at times suspects end up dying in their custody. Some police officers have been charged with murder of suspects in their custody.