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Running head: POLITICAL COURTESY
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Political Courtesy
Rudolph Leake Jr.
Ethics of Criminal Justice
U04a1
Capella University
May 07, 2017
Political courtesy refers to a long-standing unwritten and nonbinding political
ethics customs under a countries constitution which describes the tendency of law
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enforcers to adhere to the laid regulations. The practice is maintained by the general
sense of moral uprightness among law enforcers and the assumption that no one is
above law when it comes to protecting the plight of the citizens. (Rutkus,2010)
Significantly, in the day to day activities, law enforcers are faced by dilemmas
that require concrete discretion to handle. Furthermore, this may involve people who
are close to them or people with a higher rank in the authority. Moreover, this leaves
the officers compelled to compromise the rule of the law in the favor of the person in
question; thus, favorable behavior is applied either with the intent of getting promotions,
or just to maintain a good relationship with the person. On the other hand, this type of
favorable behavior can prove to be unethical. For instance, if the law is bent to cover
for some people, then it means that the law is all together compromised. (David &
Stephen, 2007)
When it comes to discerning and resolving ethical dilemmas in law enforcement,
it is constantly important to use the right rationale plus judgement, in regards to why we
consider or believe a decision to be right, and why another decision seems wrong.
According to David 2008, with a basic understanding of laid ethical theories and codes,
we can make ethical resolution and learn how to articulate our decisions and justify
them.Many times,ethical theories seem more philosophical when we want to further our
personal purposes; thus, we even wonder why we need to follow the theories developed
many centuries ago in the present time and settings. In other instances, the ethical
theories seem too heavy for bearing. (Obrien & David, 2008)
In any event, various experiences are common for a law enforcer, and especially
in the position of traffic where you handle people of different status. Considerably, no
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matter how pleasant and favorable the decision seems, the rule of the law should
constantly be upheld.
Antonne James case
Antonne James case presents such a dilemma. Additionally, Antonne is an
officer on patrol and he is freshly into the law enforcementprofession with another
officer. Even though he has an experience of several months in the field under his belt,
Antonne is still not equipped enough with the requirements of such a
dilemma.According to the law, it is prohibited and punishable to speed beyond 30mph
on the street; not to mention, that it was 1300 hours or 1p.m., in a residential area
where many children are on the street.A speed of 60mph is a great offence for anyone
using the road, regardless of who they are.
Antonne should handle the City Council Member Peggy Hertz as he would do to
a common citizen in a normal situation. By doing this, Antonne will compromise the
plight of the law.Moreover, the fact that Ms. Hertz was on the papers that morning, and
had a contract negotiations with the police labor union would make her consider signing
the contract, if she was let off without a ticket. Hence, the decision to let Ms. Hertz off
without a ticket could favor Antonee in one form or fashion, but technically it is unethical
because it is considered a biased decision. What if it is noticed and he is suspended
from work? What if an accident is caused? Would he not be guilty of this?
At any rate, there are decisions that may be made in which may appear to be
moral on the surface, but upon close analysis of the philosophical and ethical basis of
decision making in law enforcement, those decisions are actually unethical (Rutkus,
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2010). For instance, the incidence in this case had nothing to do with what the city
council had to do for the police. Considerably, if Peggy was involved in an accident due
to the high speed, would Antonee not help her as he would do with a common citizen?
Therefore, the plight of the law should be the first consideration even in that situation.
Ethical perspective is required to help and assists us in making such decisions as this.
Peggy’s comment that she directs to Antonee “Do you know who I am?” is
intended to plead with him to let her go without judgment.The best decision is the third
option where Antonne writes the ticket for Peggy based on public safety, and then
informs his supervisor to keep him aware of the situation. This will alert Antonne’s
supervisor to keep him prepared for the city council encounter. Consequently, this is
the best decision, as it is in ethical and accordance with the law. To reiterate, if I was in
the situation of Antonee, I would choose the third decision.
References
David W & Stephen S. (2007). Law, Courts, and Politics in the United States: Belmont:
Joseph W. (1977). “Selection for law Judges". Judicature. 61: 113.
POLITICAL COURTESY
O'Brien & David M. (2008). Ethics in law enforcement (8th ed.). New York: Norton.
Rutkus, D. (2010). Political courtesy "(PDF). Ret. Jan.15, 2016.
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Political Courtesy
Rondo Neighborhood, Traffic Stop
Antonne James, rookie cop, is on patrol with another officer. Antonee is still in his
probationary period, but already has several months of experience under his belt. Its
1300 hours in a residential area, in which they observe a car doing 60 in a posted
30mph zone, and pull it over.
Observations
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Antonne walks up to the driver, and as he approaches, he recognizes her. It’s
City Council Member Peggy Hertz. Her picture was just on the front page of the
Riverbend City Herald this morning, in a story about contract negotiations
between the city and the police labor union. There was even some talk at the
precinct this morning about how Peggy doesn’t exactly have a reputation for
putting police interests first in the city’s contract negotiations with the department.
Antonne asks for driver’s license information and registration.
•
Peggy hands Antonne her license, looks him square in the face, and demands,
“Do you know who I am?”
•
•
AntonneRelfects
Think fast! There is some discretion in processing tickets, and if there was any
time to use discretion, it’s now! But… what would my supervisor say? I want to
be a stellar performer during my training period and she might look poorly on me
if I don’t issue a ticket. On the other hand, what if the opposite is true? I issue a
ticket and word gets out that it’s my fault Peggy goes harder on contract
negotiations! I’ll never hear the end of it.
Which choice would be best for Antonne in his job as a police officer?
•
Choice 1: Antonne takes Peggy’s license and registration and says “No, ma’am.
I’ll be back in a couple of minutes.” Antonne processes her ticket, and though
Peggy gives him an earful when he hands it to her, Antonne refers her to his
supervisor to express her concerns.
Feedback: Antonne decided to play by the book, although he had the discretion not to
write the ticket. Antonne’s thought process was public safety first, regardless of Peggy’s
position. And Peggy’s speed was clearly not safe in a residential neighborhood.
•
Choice 2:
Antonne looks at her license and says “Peggy Hertz. You were probably unaware
that this street is 30mph. I’ll let you off with a warning this time, but please be
more careful on this street. Lots of pedestrians and bikers.”
Feedback:
Antonne quickly observed that it might be best for the department if he didn’t write the
ticket. If he let her off using the same discretion he would use for anyone else, then it
would not be unethical, but an action based on personal gain is clearly unethical.
•
Choice 3:
Antonne writes the ticket based on public safety, and when he returns to the
squad car, he immediately gets his supervisor on the radio, to apprise her of the
situation. He doesn’t want his supervisor to be surprised by any publicity or any
other fallout from Peggy Hertz’s office.
Feedback: Antonne assessed the situation and issued the ticket, but he also realized
there may be complications from his decision, and took the appropriate steps.