Ethics in Criminal Justice. CJ 3750 Professor James J. Drylie Week 6

Transcription

1 Ethics in Criminal Justice CJ 3750 Professor James J. Drylie Week 6

2 The Police Role Crime Fighter or Public Servant Police actions routinely scrutinized Officers feel they are treated unfairly Police represent the thin blue line between order and disorder No other CJ professional comes under so much constant and public scrutiny

3 Police as a crime control force Criminals are the enemy Police are the army Good people accept and understand that police are in a war and must be allowed deference in decisions

4 Police as public servants Criminals are not a distinct group Police have limited ability to affect crime Police serve ALL of the people

5 Packer s s model of policing (1968) Crime control/repression is the most impertant function Failure of police means breakdown of order Criminal process guarantees social freedom Efficiency is a top priority Emphasis on speed and finality System is a conveyor belt Presumption of guilt

6 The due model due-process model There is the possibility of error Finality is not a priority Insistence on prevention Efficiency is rejected if it involves shortcuts Protecting the process is as important as protecting the innocent State power is coercive and subject to abuse

7 Community policing Moving away from anonymity to direct engagement with the community Frees police from emergency response to pro-active prevention More visible operations Encourages police-citizen citizen partnerships Encourages citizens to take more initiative

8 Authority and Power Authority is the unquestionable entitlement to be obeyed that comes from fulfilling a role Power is similar, but implies that there might be resistance to overcome Persuasion seeks to overcome resistance by mobilizing signs, symbols, words, and arguments to seek compliance Force involves physical control

9 Police power as social contract Fair access Public trust Safety and security Teamwork Objectivity

10 Law Enforcement Code of Ethics Promulgated by the IACP Has been widely adopted Is it relevant to individual police officers? The code specifies perfect behavior Irrelevant to the realities of most officers Vague Confusing Impractical

11 Aspirational code The code describes the highest standard All officers can improve Recognizes that no officer is perfect Serves as a motivator Not a disciplinary device A symbol, not a stick

12 Major themes to consider The principle of justice or fairness. Uphold the law regardless of the offender s identity. Service. Police exist to serve the community. ALL of the community. Importance of the law. Police protect the Constitution. Personal conduct. Officers must uphold a standard of behavior consistent with their position

13 What is a profession? A body of specialized knowledge Theoretically grounded Pre- and post-professional professional education Legal autonomy to exercise discretion Lateral movement Authorized self-regulation Where does policing stand?

14 The extreme nature of the police subculture Typically form homogenous social groups Uniquely stressful work environment Internal External Participate in a basically closed social system

15 Characteristics of the subculture Cynicism Use of force Police as victims

16 Normative orders of policing Law Bureaucracy Adventure Safety Competence Morality

17 Shared perceptions Force Illicit coercion Importance of firearms Suspicion Danger Solidarity Masculinity Excitement

18 Discretion, duty, & discrimination Discretion the ability to choose between two or more courses of behavior. Duty the responsibilities attached to a specific role. Discrimination occurs when discretion allows a decision maker to treat a person/group differently.