Applied Ethics in Criminal Justice Management - Essay Example

 Applied Ethics in Criminal Justice Management Introduction This paper entails a wide but detailed coverage of the applied ethical theories relative to criminal justice policy, employee decision making and action versus management. The information presented in this paper is based on the book by Michael Caldero, and John Crank entitled Police Ethics: the Corruption of Noble Cause. The paper entails reactions on various chapters of the book citing the specified items. Part of this include a reaction paper on examples of noble-cause corruption and articles including Mayor and chiefs, the wall of silence perjury, themes of the unknown and the slippery slope of racial profiling. Also included in the paper is a description of the advantages and value added when the police force is equipped with a college education and experience. Assignment One A reaction to Rampart Scandal The rampart scandal was a series of many actions that were tied to a single cop but involved many other cops. In this section, two illustrations are provided to explain the noble cause corruption. In my opinion, the author has explained the situations that the cops face when dealing with a series of items that expose them to a dilemma. An example of this is the situation where the criminal justice is in need of a witness who can help put behind bars other criminals. The problem comes in when this witness is part of the criminal. The witness requests for a deal in order to offer information regarding his or her partners. The witness is promised immunity from all the crimes he has committed and a new life (Frontline, 2013). I tend to think that the witness is being bribed in order to offer information regarding other criminals. The bribery here is, however, done for a good cause. The information provided by this witness will help get justice for other affected individuals. An example of this is the rampart scandal that saw a cop named Rafael Perez cut a deal with the prosecutor so as to expose the masquerading police officer or rather bad cops. A series of crimes was observed before the cop was arrested. The road rage shootout that saw an undercover agent shot to death while off duty, by a white cop. This developed tension among the force, but was later settled when investigations confirmed that the black cop was involved in many other street crimes (Frontline, 2013). Another incident was the bank robbery that took place in Los Angeles. The suspected bank manager implicated her boyfriend, who was a cop to the organizing of the crime. Investigations revealed that the cop together with other partners in the force were gambling and spending a lot of money. One of the partners was known as Rafael Perez. Investigations on the police officer were launched when 6 pounds of cocaine, stored as evidence went missing. The focus was on Rafael Perez. Part of the investigation involved the formation of a team named Rampart Corruption Task Force. The force was primarily focused on prosecuting Rafael Perez. When an audit of the property room was done, it was discovered that some more pounds of cocaine was missing. The speculation made pointed Perez as the culprit. The drugs had been booked by the officer that had killed the black cop. This looked like an inside job from the start, only that the police were taking it slow on the matter, basically to retrieve evidence adequate to prosecute the corrupt cops. Perez was later arrested on the grounds that he possessed, sold and stole cocaine. The officer was convicted (Frontline, 2013). The issue of noble corruption comes to play when the officer agreed to make a deal with the prosecutor. The deal that Perez cut with the prosecutor involved a reduction of the sentence. The officer received immunity from other crimes committed, and his sentence reduced to five years. In my opinion, for this kind of officer who had betrayed the force to be given such immunity, the information must have been so crucial. I agree with the move since the information Perez offered was a vast deal. Perez pleaded guilty to stealing of the cocaine. He also offered information regarding the shoot outs that left a few individuals dead and named three other officers that were involved in the rampart scandal or illegal activities. The term noble-cause implies that the reason for undertaking corruption was right. In my own opinion rather, the no corruption is justified despite the achievement of undertaking such behaviour. Perez mentioned at least seventy officers who practised gross misconduct. Due to this testimony, the officer who had been wrongfully jailed was released from the 23 year sentence he had been inclined (Frontline, 2013). Perez’s partner was arrested for the shooting and robbery and manipulating police reports but pleaded innocent to all the charges. The force was also investigated and monitored for a five year period. The three crash cops as they were called were convicted on the grounds of obstructing justice and filing police reports that were false. It is also recorded that a partner of Perez also pleaded guilty and cut a deal with the prosecutors to have a maximum of 8 years imprisonment. Perez only served a sentence of three years contrary to the five year sentence agreed. He was then placed on parole outside California. The series of crime events that the officer pleaded guilty to is a question of how noble the corruption is (Frontline, 2013). Assignment Two Response to the Article ‘Mayors and Chiefs’ The issue of accountability is widely discussed in the article. The challenge is on the individual that should be held accountable for actions or events in progress. The role the police play is mostly defined by the ethical standards that guide them. However, there is a sense of deviance from those ethics. In most cases, police have to undergo training to help them carry out their jobs, especially the undercover work. The common practices involve induction of crime and assumption of false identities. The promises that are normally made to the kidnappers and criminals who pursue hostages are false or empty. The information that the police feed the media is not perceived to be true in any way. When nuisance calls are excessive, the police make excuses to be able to get out. The privacy the police invade during their surveillance is questionable. The drugs money the police come across is tempting since most of it is triple their earnings (Caldero and Crank, 2004). Police deviance is more common than other forms of crime they commit. Deviance is described as going against the norms. Some of the actions that the police take are inconsistent with the norms and ethics. When the police receive a gratuity, it becomes a basis for other backdoor favours, including bribery or theft. The receipt of gratuity is a form of fringe benefit. Police shakedowns are common activities. The business owners are extorted in order for them to receive adequate protection. The commonly influential areas include strip clubs, drug dealing, gay bars, some construction projects, prostitution circles and illegal gambling. The officers deal with individual business operators differently from the rest (O'Connor, 2005). In my own opinion, when police are involved in perjury, it raises the issues of morals. This is considered the worst type of deviance the police undertake. Criminal prosecution is fixed through elimination of vital information regarding the case. The system normally is never bothered about the deviance since they are all in it. The supervisors and judges complete the circle of the systems. Everybody in the system is faced with a win situation. The police are credited for busting the criminals, the prosecutor is proud of the win, the supervisors are exemplified by good statistics and judges benefit from the lecture they give. When police use excessive force when arresting or incriminating a suspect, brutality is observed (O'Connor, 2005). Brutality is not only limited to force but also use of intolerable language, searches, and threats to use violence or threatening with guns. Police officers who are guilty of brutality practice perjury to save their careers. Use of invalid language by the police is a common experience. They are trained on the use of commanding tones, as opposed to the communication skills that they are supposed to uphold. Command presence and tones are practised while undergoing training (O'Connor, 2005). This transforms their language into a profane one. It strikes me how this article has articulated various deviance actions that the police undertake. Sleeping on duty or having mid work sex, use of drugs when off duty and abusing alcohol and misuse of confidential information to threaten or extort are deviance of the ethical standards set for the police. The accountability issues are left to the police department to handle related cases (Caldero and Crank, 2004). Assignment Three The Wall of Silence Perjury What has clearly stood out in the explanation given in the book is the code of silence adopted by police is a form of corruption, misconduct and ignorance in the force. The author describes the wall of silence as the state in which outsiders or even the commanding officers are unaware of the misconducts the line officers are involved. I agree with the statement in that it is generally hiding the misconducts of colleagues. It is considered an enemy of police reforms. Police go to the extent of making false testimonies to defend and incriminate a colleague. The police officers try to conceal activities in order to control the outcomes after analysing the consequences (Caldero and Crank, 2004). The code of silence is nevertheless considered a means to direct information flow. I do not think that any secrets last for a lifetime. I agree with the author that sometimes that wall shield may crack in the course of living. I think the officer who attacked the undercover police were just mindful of their careers. They were unaware at the time that they were beating an undercover officer. The officers were confused after dealing with the real suspects. However, this should not be an explanation as to why the police officers falsified the report. They reported that the undercover police officer had cracked his head. This is because the officer was treated for cuts in the face lining and damage of the kidney. I am rather astonished that 24 police officers indicated in the reports that they never experienced or witnessed any beating (Caldero and Crank, 2004). The amazement of this perjury was that the undercover officer was not active in pursuing the suspect but rather was with them. This was testified by one of the officers cited to be in the scene. The officer was however, convicted on the grounds of obstructing justice and perjury. That shield of silence among all the officers occurred to protect them. However, one of them was not as protected. This is enough proof that control of outcomes through the code of silence or wall of silence is not guaranteed. Implementation of code of silence is a barrier to achieving the police reforms and eliminating corrupt officers. It has become their culture to practice or remain silent on issues relating to colleague wrong doing (Caldero and Crank, 2004). Some crimes are commonly shielded or ignored through the use of the code of silence. These are crimes that normally relate to use of force. An example is the rampart scandal. Whistle blowers are normally harasses and threatened. This prevents them from ever reporting injustices or other illegal activities committed by the police officers. Part of eliminating this problem includes development of laws to govern the state in an effort to protect citizens in the existence of corrupted or rogue officers. Federal laws have also been put in place to prohibit any police officer from misconduct. The police department is forced to pay high fines if officers are convicted due to gross misconduct or unlawful conduct (Caldero and Crank, 2004). Assignment Four A Response Paper on the Themes of the Unknown A description of two policing cultures is described. A street cop and a management cop culture are unknown when it comes to policing. The value systems between the two types of cultures are contradicting. Management culture is based entirely on the organization of the police department in a hierarchical way. Merit should be the basis for hiring and promoting. Line officers differ when it comes to crime perspective. Street cop culture lays its grounds on the traditions or culture of the department. The bureaucracy is not a common norm, rather family relationships are common (Caldero and Crank, 2004). Officers have a direct obligation to each other, that is, to protect each officer from the administrative oversight. The environment officers operate in various layers of the environment. The street environment comprises of the part where the patrol officers and other police detectives perform their daily functions. The uncertainty developed in the police culture is a risk the police take when dealing with the world. The third layer is the solidarity they uphold. They always feel the shared identity between them (Caldero and Crank, 2004). The final layer is the themes that protect the officers from external oversights. The officers tend to uphold a high level of secrecy. This is evidenced by the layers that protect the line officers. The line officers tend to be more resistant as efforts to implement change increases. The warping effect of police culture is rather appealing. The adaption of the changes advocated for shifts the changes in ways not intended (Caldero and Crank, 2004). Assignment Five Racial Profiling It is described as unconstitutional and morally wrong for the police to take down an individual as a suspect based on race or background of his or her culture. Sometimes the police tend to stop a moving vehicle after discovery that a Spanish guy could be driving the car. The first thought that crosses the police is that this guy could be a drug trafficker. This also applies for the African American individuals. This is wrong in my own views. Countries like the United States have developed reporting requirements relative to incidences that are believed to be of racial profiling (Kareem, 2013). Some of the individuals who criticize the act have argued that the rights of a person are extremely violated if the individual’s race was the reason for that suspicion. It is considered a form of discrimination where people are discriminated based on their religions, ethnicity, race or nationality. Police when questioned have denied their participation in the practice. The police claim that all other factors regardless of their race are looked at before suspicion and arrests are done. Many people of the Asian domination are treated differently in the United States after the 2001 bombing (Kareem, 2013). The treatment is extended further in the airlines. Ticket agents in the airlines have been reported many a times for making extravagant search on the grounds that the passengers looked suspicious, especially if they are Arabs. Incidence is reported where a citizen of the United States but from the Middle East was warned of the uncomfortable situation he had exposed other passengers. He was requested to leave and granted a boarding pass to board the next flight. The effect is also felt when traffic police stop drivers on the grounds of their ethnic diversity. Black drivers have raised alarms indicating that the police pulled them over due to their skin colour and not any wrong doing. Other examples of racial profiling include pulling over black teenagers on the basis of the car they are driving. Questioning of destinations and possession of illegal weapons or drugs on the basis of skin colour or ethnic background is common in the United States (Kareem, 2013). Assignment Six A Response Paper on the Advantages of Police College Education Education is termed necessary when it comes to nurturing a moral society. It creates a new being in every man. According to Webb (2009), morality is inclusive of autonomy, discipline and attachment. Autonomy describes the state in which people carry out their operations in mind that there will be consequences for every action. Discipline implies that a consistent conduct is maintained while taking into consideration response to the authority. Attachment to the society implies that actions should be oriented or driven towards the societal well being. It is confirmed that indeed college education promotes morality. It is, therefore, expected that officers should be educated in order to have attitudes that support consistent lawful conduct that upholds the legal standards (Webb 2008). Bachelor’s degrees are broad in nature hence beneficial to the police. Minds that have been exposed to college education have the potential to have the entire mind freed. This means that the mind can accommodate different interpersonal situations that may not necessarily be acquired ion the training academies. In my opinion, college life is a stage of self awareness and discipline. It is in college where individuals understand and learn the roles of other people. It is also my thought that college life has to do with interaction and social well being of individuals than other issues (Heibutzki, 2013). College experience is a process of re-socializing and interacting. This occurs as a result of the diversified ideas, beliefs and friendship which transform the individual to fit into the world of others. College experience causes people to mind about the world around them. College experience impacts abuse of authority through developing a mind set of tolerating different attitudes and glorifying moral behaviour. The link between college education and change of attitude is brought by moral reasoning that is learnt in college. Police are more likely to serve the community well if they have attained college education. In my own opinion, the work carried out by police involves creative thinking, for instance when dealing with dilemma situations that call for abrupt decision making (Webb, 2008). I think college presents the best environment where creative thinking is advocated and harboured in individuals hence equipping them with the best minds to deal with the world issues. It is of concern also to uphold the prestige of being a policeman. The society should be aware that not just anyone that can become a police. This also implies that the level of mediocrity is eliminated completely if the police are selected from a given education framework. Police officers who pride in a college background are better communicators than those that do not have the education. Community policing will require strong communication skills that enable the police officer to interact with the community. It is essential to note that community problems are not necessarily solved through catching criminals through locating violators (Webb, 2008). There is a need to have a great and strong knowledge base compared to use of weapons. The issue of professionalism is necessary in all areas of specialization. When the work environment is professionalized, it becomes easier to recruit, train and retain the college educated officers (Webb, 2008). Assignment Seven Interpretation of Ethical Theories Contrast of Ethical Theories Ethics as described from the philosophical basis revolves around making judgments regarding the right and wrong thing to do. The qualities of right or wrong are assigned to the conducts and actions committed. About three categories of ethics are identified in the study of ethics. These include metaethics, normative and applied ethics. Metaethics interprets the reasoning, methods, languages and logical structure and terms used in the study of ethics. Normative ethics describes behavioural ways and standards of conduct. Applied ethics involves problem solving. The problems solved revolve around the practical moral issues, specifically those related to professions such as law or medicine or accounting. There are at least six ethical theories as described by some scholars (Champion, 2007). Plato describes the absolutism theory. This theory relates to the personal character of the individual. It helps answer the question regarding the kind of life one is entitled to live. It is based on the principle; conform to forms, that is, basis on ideals that make the reality. The source of value according to this theory is the form of goodness. The method applied here is reasoning the nature of analogies and unchanging ideals. An example of such an ethical principle is lying, which does not conform to the truth form. The principle is exceptionless in that the form of goodness advocated for is not known (Champion, 2007). Aristotle describes eudaimonism which helps answer the question relating to the kind of person one should be. It also relates to the personal character. The principle is to maintain and develop activities in line and obedience to the rationale principle. The value source is the human nature which determines the well being of humans. The method for determining this is through examining and analysing the commonly used moral language and other moral ideas. St Thomas Aquinas describes ethics based on the natural law. It relates to personal character just like the two discussed above. The question asked relates to the kind of person one should be (Champion, 2007). The principle here is to promote whatever is termed and defined as good and discard the evil commitments. The good behaviours are advocated for by the society, family, self preservation and knowledge. The value source for this ethical behaviour is human and universe nature as referenced by God. The human inclinations are examined and reasoning the nature of law. Cultural differences among the ordering society are a major control issue (Champion, 2007). Immanuel describes deontology as the other ethical theory. This one is different from the other since the primary domain relates to actions and not personal character. The questions asked relate to what should be done in any event. The principle is based on categorical imperative. It states that one should always act on principles that he or she could be willing to have any other person act. The value source is goodness of will, rationality and reverence. Ethics entails reasoning about on the structure of good will, remaining consistent and categorical in it. An example of such an ethic principle is stating that lying is wrong for reasons that deceiving everyone is inconsistent (Champion, 2007). John Stuart described the utilitarianism theory. It falls under the primary domain of actions. The principle is to maximize the benefits over harms in accordance with the greater number of those who have been affected. The human psychology is the source of this value. Some of the attributes described include human happiness, pleasures, names and preferences. The theory describes consequences of various actions. The method for applying this is reasoning on the need to have a single decision procedure and happiness value to everyone. An example is defining lying as wrong since it does not maximize the benefits over harms for the greater number affected (Champion, 2007). John Rawls describes the contractarianism theory. The primary domain is institutions. The questions asked relate to the social domain to be adopted. The theory advocates that ethics is based on the principle that being just is fair. Liberty and economic inequalities should benefit the least advantaged but still be open to all in an equal measure. The value source is similar to Aristotle, the well-being of humans as defined by self interest. Ethics is applied through considering judgement and reasoning on the actual and theoretical cases. Tom Regan described the rights ethical theory. It is included in the actions domain. Ethics is based on the principle that the bearers of inherent value are entitled to a certain respect kinds. The value source is preference autonomy (Champion, 2007). Contrast of Leadership Theories The leadership theories range from the great man to trait, contingency, situational, behavioural, participative and relationship theories. The great man theory describes born leaders and not made ones. The trait theory identifies certain qualities and character traits to be best suited for leadership. Contingency theory describes no style that is best suited hence leadership is based on specific variables connected to the environment. The situational theory states that different leadership styles are applied dependent on the situational variables. This calls for experience and knowledge the leader has. Behavioural theory state that leaders are made and not necessarily born. It is contrary to the traits and great man theories. It advocates that people can learn to be leaders by means of observation or teaching. The participative theories define great leadership as one that involves others in the decision making. Management theories define leadership a system that relies on supervision, reward, punishment and group performance. The relationship theory advocates for transformative leaders who motivate and inspire their followers. Current Issues in the Criminal Justice It is this relationship or transformative theory that connects the current issues of the criminal justice system. An example is the implementation of community policing. The community or an entire society is called forth to hand over criminals to the police. This implies that the police involve the community in finding justice for those affected or are victims of the criminal activities of some individuals. Importance of Ethics in Criminal Justice Entities Ethical standards represent a collective experience a society gains in regulating the behaviour of the society. It is not necessarily a formulated or laid down item on the basis of rules or laws. If the professionals of criminal justice are not conversant with knowledge relating to ethics, they may fail to discover the moral issues that occur within the criminal justice systems. Similarly, ethics defines the kind of behaviour that is supposed to be upheld by every individual in an organization. Ethics sensitizes the individuals into issues of right and wrong in relation to ways of self- conduct and into identifying actions that comprise a moral content (Champion, 2007). The knowledge of ethics helps in identifying and defining unethical behaviour. The importance of ethical standards is felt by professionals who comprise the criminal justice. These professionals are mandated to exercise power and authority over all other individuals. The professionals are sometimes entitled to physical coercion or use of force against the criminals. These ethical rules are, therefore, imposed on the professionals to guide them in carrying out their functions (Champion, 2007). It is considered crucial to be aware of the ethical standards when making decisions relating to discretion to prevent them from abusing their powers. Ethics also enables the criminal justice to make right decisions when it comes to rehabilitating, deterring or imposing of just deserts. An example includes making a decision whether to send someone to jail or rehabilitation where he or she can change her behaviour. When the professionals are trained in critical ethics, their reasoning abilities and analytical skills are developed. This helps them to understand both the practical and theoretical issues relating to criminal justice system (Champion, 2007). Conclusion Police ethics is the guiding factor to the performance of the duty the police are called and trained. This paper has outlined the various and diverse ways in which the police department is run focusing on the ethical standards part. This is in line with the police culture. The paper has discussed reactions to various articles describing various police functions and undertakings. The paper has also outlined the importance of police attaining college education. Some of the attributes developed in the college education include developing good communication skills and interaction techniques, as well as, social techniques. The paper has also discussed the ethical theories. Part of the discussion includes a relation of the current issues of the criminal justice system with the ethical and leadership theories. The paper has is identified the importance of developing ethical standards in criminal justice systems. One major reason is preventing the professionals of the system from abusing power or using and basing it on their self interests. References Caldero, M.A and Crank, J.P 2004. Police Ethics: The Corruption of Noble Cause. Florida: Anderson Publishing, LexisNexis, Florida Atlantic University. Champion, D.J. 2007. Ethical theories. USA: Cengage learning. Frontline, 2013. Beyond Scandal: The Rampart Scandal. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/lapd/scandal Kareem N, 2013. What Is Racial Profiling? Retrieved from http://racerelations.about.com/od/thelegalsystem/g/racialprofiling.htm O'Connor, T.R. 2005. Police Deviance & Ethics. Retrieved from http://www.policecrimes.com/police_deviance.html Webb T. 2008. The Impact of Higher Education On Police Officer Attitudes Regarding Abuse Of Authority. University of Maryland: Cody Webb Telep. Read More