Ethics and Criminal Justice

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Question Description

A minimum of 1,200 words (total assignment) and three scholarly sources. Scholarly sources does not count towards word count.

1. Go to the website of the International Association of Chiefs of Police (IACP) and find the code of ethics. Does it seem to be more consistent with the crime fighter or public services role of police?

2. The textbook discusses Herbert Packers’ crime control model of 1968, specifically as it pertains to the notion of “crime fighter” or “public servant.” Of the crime control model principals presented in “crime fighter” or “public servant models,” identify which model and principal do you believe to be the most important in law enforcement and why?

3. The “Ferguson Effect” is the idea that crime is rising in urban minority neighborhoods because police officers are not policing like they had been before the “Black Lives Matter” protests. What do major criminologists say about the controversy? What are the crime rates for the last several years in New York, Baltimore, San Francisco, Houston, and Seattle? Do the facts support the Ferguson effect?

4. You are a rookie police officer who responds to a call for officer assistance. Arriving at the scene, you see a ring of officers surrounding a suspect who is down on his knees.

You don’t know what happened before you arrived, but you see a sergeant use a Taser on the suspect, and you see two or three officers step in and take turns hitting the suspect with their nightsticks about the head and shoulders. This goes on for several minutes as you stand in the back of the circle. No one says anything that would indicate that this is not appropriate behavior.
What would you do? What would you do later when asked to testify that you observed the suspect make “threatening” gestures to the officers involved? (This is the Rodney King incident)

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Part II Police The Police Role in Society 5 S H A Police, 1928. N N O III, Tamir Rice, scar Grant, Levar Jones, John Crawford Michael Brown, Eric Garner, Walter NScott, Freddie Gray O . . . some of these names are more familiar than others; all were black men (or boys) killed by police officers. It is not clear why the Michael Brown shooting in the 1 summer of 2014 in particular triggered a national scrutiny of police 9 officers’ actions, but that shooting, followed by the Walter Scott and Freddie Gray 0 about the miskillings have indeed sparked a national debate sion and actions of police across the country. 9 Even though the impetus of the attention was an accusation that black men were T uses of force, the the target of discriminatory policing and illegal conversation has become much wider withSquestions about police militarization, misconduct, and oversight mechanisms. Perhaps one of the triggers for the broader focus on policing was the image of heavily armed police offic s in armored vehicles responding to the protestors in Ferguson, Missouri, in © Desiree Mueller / SuperStock M I L E S , Chapter Objectives 1. Describe the two different missions of law enforcement in a democracy. 2. Explain the types of control that police have at their disposal. 3. Provide the justification for police power and the basic ethical standards that derive from this justification. 4. Identify the differences between the formal ethics of law enforcement and the values of the police subculture. 5. Describe recent research findings on the police subculture. 113 9781337259163, Ethical Dilemmas and Decisions in Criminal Justice, Ninth Edition, Pollock - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. 114   Part II   Police August 2014. Th s view of camouflage-clad police with guns pointed at the citizenry, using rubber bullets and stun grenades against the very people they are sworn to protect, resulted in an almost visceral negative reaction of Americans to the governmental show of force, sparking a second look at the issue of the “militarization” of American policing. National support for police deteriorated when a video emerged of an office pointing an assault rifle at protestors. The attention led to his fi ing, perhaps wrongfully so, since he reported seeing fi earms in the crowd and was pelted with water and urine immediately before he aimed his weapon yelling at the crowd “I will f—ing kill you. Get back” and telling journalists who asked for his name: “Office Go F—Yourself.” Other offic s reportedly shot rubber bullets into nonviolent protestors and charged people with “failing to disperse” who were nowhere near the protests (Golgowski, Wagner, and Siem, 2014). Since August 2014 there has been a steady stream of news stories, opinion pieces, and other media attention to the issue of use of force. Office Darren Wilson was M jury for the shooting of Michael Brown, but this event no-billed by a St. Louis grand only energized the debate Ias journalists educated the public regarding the number of people shot by police last year (about 460), the likely undercounting of those killings, L for when an office is allowed to use force, and the the legal test of reasonableness very unlikely event that anEoffice who shoots in error will face legal consequences (Mador, 2014). S The events in Ferguson spurred more concern than just over use of force. When , revenue was largely based on funds from petty arrests it was revealed that the town’s and fi es, the ensuing discussion became how the criminal justice system has, in essence, “criminalized poverty” in that poor people who can’t afford fi es incur even heavier fi ancial penaltiesS for nonpayment, which then lead to jail sentences where, in some locales, they are H charged for medical care and basic necessities that leave them with even more debt.AThese fi es are usually for nonviolent petty offenses leading to a related discussion of “over-policing” (Mador, 2014). The Department of JusN came afterward showed not only a pattern of racism, tice report of Ferguson that but also of “classism” where N friends of those in power had tickets fi ed, while those without connections were slapped with ever-growing late fees. These larger issues go O it is police offic s who have been the targets of media well beyond policing; however, attention. N Police offic s today no doubt feel attacked misunderstood, wrongfully blamed, and unappreciated. Harsh scrutiny is directed at police actions, and offic s no doubt feel unfairly excoriated by1the public and the media. However, there is an important reason for such scrutiny. The 9 police represent the “thin blue line” between disorder and order. They are also the personifi ation of the power of the state. No other crim0 under as much constant and public scrutiny—but inal justice professional comes no other criminal justice professional wields as much power and authority over the 9 citizenry. T Police have the choice to arrest or not to arrest, to mediate or to charge, and in deciS even hold the power of life and death. If such power is sions to use deadly force, they used fairly, legally, and ethically, they are our protectors. If such power is used abusively, arbitrarily, and/or in corrupt ways, they become our oppressors. In non-democratic countries, police are feared because they act with impunity to maintain those in power; in some areas of Mexico and South America, police are viewed as corrupted by the 9781337259163, Ethical Dilemmas and Decisions in Criminal Justice, Ninth Edition, Pollock - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. Chapter 5   The Police Role in Society   115 drug cartels. Abusive power and economic corruption exist in the United States as well, although, not in pervasive patterns as in some other countries. No doubt the scrutiny police offic s endure helps to keep it that way. In this chapter, we deconstruct the nature of policing and uncover some of the structural and historical precedents for current events. We fi st explore the dual mission of crime fi hter and public servant and explain how the roles affect perceptions of duty and the way discretion is employed. The philosophical justifi ation for police power is discussed, as well as the limits of such power. Codes of ethics followed by the informal, subcultural codes of behavior that also influence office behavior complete the chapter. In January of 2013, there were more than 12,000 police departments in the United States, employing an estimated 477,000 sworn offic s and 128,000 non-sworn personnel. The number of law enforcement personnel has increased by about a third between 1987 and 2013. Even though there are a few extremely large police departments (New M offic s), most police departments are York City Police Department has over 34,000 very small with about 48 percent employing Ifewer than 10 offic s. About 27 percent of all offic s were members of a racial or ethnic minority, which is about double the perLof the large differences between departcentage in 1987 (Reeves, 2015: 1-3). Because E ments, it is extremely difficult to have a conversation about “policing” in this country. Most of the news stories concern corruptionS in large cities, but that does not mean that small towns do not have problems as well. There are also major differences in informal , culture, policies, and discipline systems in departments even in cities of the same size. As we discuss issues of law enforcement ethics in these chapters, it is important to remember that the vast majority of offic s are honest and ethical. We focus on the S their mission; however, this in no way few offic s who abuse their position or forget H upon thousands of offic s who perform should be taken as a criticism of the thousands their job well, every day, in every city in theAcountry. Nor should we forget the thousands of offic s who go above and beyond the call of duty. Offic s risk their lives to N away from family to address the needs save victims, sacrifice their health and take time and problems of the citizenry. We must focus Non the actions of the deviant few to discover the elements of the profession that open the door to such behavior, but we should O s are more typical of those described always remember that the vast majority of offic in the In the News box below. N In the News 1 Above 9 and Beyond . . . 0 It is important to remember amid the negative news about 9 are police officers that it is probably more common officers engaged in going above and beyond their duties. One T news item described how two Seattle police officers, Jeremy S Wade and Ryan Gallagher, responding to a call, discovered that two little girls slept on the floor of the family’s home. On their day off and using their own money, they bought a set of twin beds, returned and set up the beds for the family. Then, realizing that the problem was widespread, they set up the “Beds for Kids Project,” which enlists sponsors and conducts fundraisers to provide beds for children in need. These officers, and their willingness to engage in supererogatory duties, represent the side of policing that is not presented in the media as often as it should be. Source: Heffernan, 2014. 9781337259163, Ethical Dilemmas and Decisions in Criminal Justice, Ninth Edition, Pollock - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. 116   Part II   Police Crime Fighter or Public Servant? We will approach these chapters with an underlying premise that what drives individual decisions on the part of law enforcement officers and society’s reactions to them is derived from a perception of the law enforcement mission. Two different missions— crime fighting and public service—can be identified as having quite different implications for decision making. We do not, of course, mean to say that these missions are necessarily contradictory or exclusive; however, it is important to note the history and present-day influence of these different roles. Crime Fighter When one asks most people what the role of policing is in society, the response is some version of “catch criminals” or “fight crime.” If one views police as crime conM is that criminals (who are different from the rest of us) trol agents, the presumption are the enemy and police officers are soldiers in a war on crime. This model is based I on ­Herbert Packer’s (1968) crime control model (which he contrasted with the due L process model discussed next). According to Packer, the crime control model operates E under the following principles: 1. 2. 3. 4. 5. 6. 7. Repression of criminalSconduct is the most important function. , means the breakdown of order. Failure of law enforcement Criminal process is the positive guarantor of social freedom. Efficiency is a top priority. S Emphasis is on speed and finality. H A conveyor belt is the model for the system. A There is a presumption of guilt. N Police perception of their role as crime fighters will lead to certain decisions in N their use of force, their definition of duty, and their use of deception and coercion. Public perception of the police mission as primarily crime fighting leads to a willingO ness to accept certain definitions and justifications of behavior: that drug addicts are N unworthy of protection, that individuals who are beaten by police must have deserved it, that all defendants must be guilty, and so on. Typically, members of1 the public who have a crime control outlook show outrage only when police accidentally violate the rights of the “good” guys instead of the “bad” 9 force turns out to be a middle-class insurance agent, guys: when the victim of deadly when the evening news shows 0 police officers hitting someone who doesn’t look like a criminal, or when an innocent person is exonerated. In most cases, police actions are 9 rationalized or excused by the belief that people “get what they deserve.” public servants Professionals who are paid by the public and whose jobs entail pursuing the public good. Public Servant T S If one views police as public servants, presumptions are different and include the idea that criminals are not so different from us and, in fact, may be our sons or daughters. As public servants, police officers serve all people and owe everyone the duty of civility and legality. Finally, there is the idea that police actually have limited ability to affect crime rates one way or the other because crime is a complex social phenomenon. 9781337259163, Ethical Dilemmas and Decisions in Criminal Justice, Ninth Edition, Pollock - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. Chapter 5   The Police Role in Society   117 Under Packer’s (1968) due process model, the following principles stand out in contrast to those in the crime control model: 1. 2. 3. 4. 5. 6. There is a possibility of error. Finality is not a priority. There is insistence on prevention and elimination of mistakes. Efficiency is rejected if it involves shortcuts. Protection of process is as important as protection of innocents. The coercive power of the state is always subject to abuse. Packer’s original model of due process that he contrasted with his crime control model is somewhat different from our description of the public service mission. Rather than just an emphasis on rights as in the due process model, under the public servant model, law enforcement is perceived as “owned” by all people, so service is M foremost. Police must respond to all constituencies, including groups that may be less supportive of the police than white middle-class communities. It is an enlarged view I of the police officer role in society. Rather than simply catching criminals, officers are L perceived to be crime preventers, peace keepers, and service providers. E servant implies a much more restricA perception of the police officer as public tive view of the use of force and police power.SThe utilitarian idea that the “end” (crime control) justifies almost any “means” is rejected in favor of an approach that is more , protective of due process and equal protection. In the public service mission, law enforcement, above all, protects the rights of every citizen and—only in this way— escapes the taint of its historical role as a tool of oppression for the powerful. S Currently, there is a focus on moving the perception of policing from a “warrior” H consistent with the discussion above in model to that of a “guardian.” This is extremely that the warrior approach views police as soldiers A engaged in a battle. The emphasis is on danger and force. The guardian model sees the officer as primarily a protector; of the citizenry, but also of democratic values. N In academy training, the warrior mindset of power, control, battle, and survival is deemphasized with a greater focus on other N values such as service and democracy (Rahr and Rice, 2015). O A precursor to the current national discussion of the warrior versus guardian N increasingly “militarized” over the model is the observation that police have become last 30 years. Peter Kraska (an academic researcher) and Radley Balko (a journalist) are the two most prolific researcher/writers who have identified and discussed this trend. 1 Kraska (1999, 2001, 2007; Kraska and Cubellis, 1997; Kraska and Kappeler, 1997; ­Kappeler and Kraska, 2014) has for decades9noted with alarm the increasing number of Special Weapons and Tactics (SWAT) teams even while the crime rate declined dra0 matically, the use of SWAT teams for non-hostage situations (e.g., ­execution of search 9 the merging of police ­officer/­soldier warrants), military imagery and training, and role-sets. T Balko (2013a, b) has more recently achieved a much wider audience for the idea S model with his book The Rise of the that policing has swung too far toward a military Warrior Cop, and his regular articles in the Washington Post. In his book, he described the origins of the SWAT model in Los Angeles, spurred by (then-inspector) Darryl Gates’ belief that LAPD officers needed a military model to respond to events such as the Watts Riot and incidents with the Black Panthers. The SWAT team model became interconnected with the War on Drugs and drug raids. Now there are thousands of 9781337259163, Ethical Dilemmas and Decisions in Criminal Justice, Ninth Edition, Pollock - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. 118   Part II   Police such squads in the United States (no one knows how many) conducting tens of thousands of raids each year. Federal agencies have their own SWAT teams—even the Department of Education has a SWAT team. These units use military tactics, including flash-bang grenades and battering rams. They are dressed in camouflage or black uniforms, often masked, and heavily armed. Because the crime rate is half what it was in the 1980s, there is little need for such units and critics point out that they are being used for increasingly inappropriate operations, such as licensing and gambling raids when there is no evidence that police officers will be met with force. An ACLU study found that 79 percent of SWAT team deployments were for executing a search warrant, and only 7 percent of deployments were for hostage, barricade, or active shooter scenarios (Peralta and Eads, 2015). Balko (2013a) also focused on the dangers of the rise in the use of no-knock warrants and the dubious constitutional analysis extended by the Supreme Court in approving of heavily armed state agents bursting into private homes without announcM ing their presence. Balko provides a number of truly shocking examples where homeowners have been shot by police I or have ended up in prison for shooting police officers whom they believed were armed intruders. Some of these raids were conducted on the L innocent homeowners; others were to execute arrest wrong house against completely E and/or nonviolent crimes. In one case, for instance, John or search warrants for minor Stewart, a military veteran S with PTSD, was awakened by such a raid after his girlfriend reported he was growing marijuana. Believing he was under attack he fired and killed a police officer. Prosecutors, sought the death penalty but Stewart hanged himself in his cell. Police found 16 marijuana plants in his basement. Other cases where SWAT raids resulted in needless death include Katherine Johnston, a 92-year-old woman killed in S Atlanta in 2006; Alberto Sepulveda, an 11-year-old accidentally shot by a California H 2013a); and, Aiyana Stanley-Jones, a 7-year-old shot SWAT officer in 2000 (Balko, in a Detroit raid where theASWAT team used a flash-bang grenade (perhaps to show off for the television crew that was accompanying them) and an officer accidentally N ­discharged his weapon (Abbey-Lambertz, 2015). Balko also was one of the first to draw attention to the 1033 program under which N local police departments could receive military equipment no longer needed as the military ratcheted down itsO presence in Afghanistan and Iraq. Local departments now own armored vehicles, aircraft, N and even grenade launchers, even if they have a homicide rate that is less than 1 per year (Apuzzo, 2014). Balko (2014) urges a response to recent shootings by not faulting the individual officer, but by recognizing1that officers today are socialized by their training and culture to be suspicious of all 9 citizens and to be constantly wary of danger—even though that is not the reality of policing in many locales. He points to the shooting of Levar 0 Jones by former South Carolina state trooper Sean Gr ...
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