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|CJ7011-8 |Gabriele Suboch |
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|Ethics and Criminal Justice |Assess a Case Scenario to Foster a Culture of Ethics |
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Faculty Use Only

Running Head: CASE SCENARIO

Assess a Case Scenario to Foster a Culture of E \LaChara S. Hill Northcentral University Ethics and Criminal Justice – CJ7011-8 Gabriele Suboch

December 6, 2015

Introduction The law enforcement officers, in particular the police, are governed by a set of rules that control their activity while on duty; such is to safeguard the rights of the public as well as their safety, and that of the police officer on duty. Law enforcement exists a job that requires men and women of integrity. In view of the fact that, the values and morals associated with the service, stands for what is rightfully protected by the constitution. During performance of their duties, police officers undergo tough conditions at the same time as upholding laws and maintaining order, making it difficult for some officers to behave and respond in ethical and just manners without error. The core function of the police force is to serve and protect, however, on some occasions society finds uniformed officers on the wrong side of the law, in which they swore to uphold and protect. Case Scenario In the case of the Fruitvale Bart Train Station shooting on New Year’s Day of 2009; involved an officer by the name of Johannes Mehserle and victim 22-year-old Oscar Grant. A case that sparked outrage nationwide; an unfolding that exhibited gross misconducts from a trained, regarded and respected police officer, against a citizen he had sworn to serve and protect. According to eyewitnesses Officer Mehserle shot 22-year old Grant while he was handcuffed, and before an on looking crowd that recorded the entire happening. Throughout this paper, this writer will analyze the aforementioned case, illustrate and/or highlight the unethical unfolding’s in which took place, make informed suggestions on the recommendations to minimize any reoccurrences’ of the same nature, and provide a reformed police code of ethics. Code of Ethics Police officers, not only in the United States but also throughout the world are believed to offer service to the people. Through ensuring that public security and safety is maintained and the rule of law is adhered to (Barker, 2011). In dispensing their duties, police officers are governed by a set of ethical codes and principles of behavior; the codes of ethics exists as: • Accountability: where every police officer is held responsible for his or her actions, omissions and decisions. Signifying that while on duty, the decisions he or she makes should be informed and within the provisions of the law. The actions taken to control a situation should be done so with respect to the constitutional rights of the public (Baker, 2011). • Fairness: police officers while carrying out their duties, are supposed to treat people with fairness despite their race, gender or even religious orientation; considering the fact that police officers are protectors of the law and respecters of unprejudiced public rights (Baker, 2011). • Integrity: each police officer is presumed to do the right thing, at all times, regardless of the matter at hand, those involved and any other influences. Officers are held to a higher lever of integrity and expected to perform above all else, at all times (Baker, 2011). • Leadership: which states that a police officer should constantly-continuously lead by example. Even in times of conflict, officers are expected to take a leadership role and guide the populace into conflict resolution (Baker, 2011). • Objectivity: denoting that police officers are obliged to make informed choices, be good judges of character, and respond based upon evidence and experience when making decisions (Baker, 2011). • Transparency: indicating that an officer on duty should be open in his or her action(s) and decision(s). While on duty, the rights of all citizens should be maintained and all rules enforced equally (Baker, 2011). • Respect: signifying that an officer should treat every person with respect, despite his or her age, gender and/or ethnicity. All citizens are protected equally under the constitution and should be treated in such fashion regardless of their status and/or association within society (Baker, 2011). • Selflessness: denoting that an officer should at all times act in a manner that reflects the best interest of the public. Actions that would be deemed as best fitting, while at the same time protecting and preserving the rule of law (Baker, 2011). The United States Constitution protects all citizens as well as police officers under the same rule of law, no one person is exempt. Police officers perform their duties under guided principles of behavior. These principles control and make clear how officers are required to conduct themselves while serving on or off duty. Such guiding principles are formulated to ensure that even as officers are upholding the law and controlling order, they too must also operate within the same provisions of the laws (Brannigan, 2005). A few guiding principles are: • Police Officers are allowed by the law to use force. However, the use of force is only allowed when necessary and to a proportionate amount. Force can only be used when the safety of others is at risk, the safety of the officer is at risk and/or a person resorts to force after a direct command to submit him or herself (Brannigan, 2005). • Police Officers operate under directives, within parameters, orders and instructions and exclusively carry out such in accordance of regulations that govern operations of the police force (Barker, 2011). Officers operate within guidelines that are lawful and do not put the safety of the public at risk. • Police Officers are obliged to treat all information with confidentiality, both during the course of and after investigation(s) (Brannigan, 2005). • The conduct of police officers ought to be of a desirable manner, whether on duty or off duty; with an aim of protecting the image of the police force and maintaining the confidence of the public (Brannigan, 2005). • Officers must be diligent when performing their responsibilities and duties, with the best interest of the public, without any dealings and/or participation in corrupt or unethical behavior that might jeopardize the officers’ livelihood or the force as a whole (Brannigan, 2005). Ethical Concerns Taking into account the above-detailed codes of ethics and principles, the slaying of Oscar Grant was a clear indication of gross misconduct and a obvious disregard of the rules and regulations that are set forth to control the operational actions and behaviors of those who are sworn-in to service. Oscar Grant was exploited and treated with the minimum amount of respect, when he was savagely killed before the public (Barker, 2011). Grant was mishandled from the start. While being apprehended he was placed to the ground by means of inappropriate and unnecessary force, and as reports state Mehserle’s partner is believed to have put his knee on the face of Grant once he was already on the platforms floor. Moreover, it is reported that Oscar never resisted arrest; instead he continuously demanded to know reasons for being apprehended. Sadly his demands fell on deaf ears as he was excessively forced to the ground, with his hands behind his back, shot and killed in cold blood. Not only a clear depiction of the officers’ lack of respect for the guiding principles of behavior and the US Constitution, but also an unconcealed disregard for human life. The officers’ actions reflected little regard for the image of the police force in which they service and represent, while acting in such a ruthlessness manner before the public that not only watched, but also recorded the incident. Once more, the aforementioned illustrates the deviation from the code of ethics by those we in-trust to serve and protect (Brannigan, 2005). How do you defend shooting an unarmed person, whom posed no threat to himself, the public or the officers involved? Such is not possible; hence the motive of the shooting remains undetermined. During the course of the investigation, it was also not established what the primary and/or justifiable reason(s) for the encounter. The officers, who are expected to act with due care and responsibility, provided little to no answers for their actions. The shooting showed lack of responsibility and failure to accept accountability. Sub Culture At the root of all deemed good and bad within our judicial system (e.g. law enforcement etc.) existent is a strong, deep-seated subculture that pervades many agencies. Despite the fact a universal belief in academic debate is that police culture is negative, allegiance above all else, rooted in pessimism, and an “us versus them” way of thinking; it has constructive aspects that are frequently go unnoticed (e.g. the bad at times outweighs the good. Members of law enforcement, corrections as well as the courts, subculture share morals and values that permit officers to endure what at times is a strenuous and emotionally taxing occupation. Principles such as supportiveness, empathy, solidarity, perseverance, and loving enable the discussed professionals to cope with associated concerns such as post-traumatic stress; these individuals are part of a team of coworkers whom genuinely tend to their colleagues (Perez, 2011). The backing received from one officer to the next is the result of shared morals within the culture. Officers who are plagued with/in grave situations are able to depend on their comrades as a result of known moral and values they believe their colleague(s) also possess. Morals and values such as camaraderie, courage, and sacrifice will encourage members to place themselves in jeopardy (Perez, 2011). Once more, on the contrary, loyalty to fellow coworkers cannot overpower your sworn duties. Police Officers are in a position where the lives of others must come before their own. The decision to stand by another officer can at no time come before and/or at the expense of a citizen. Advantages Ethical Pluralism, Over Ethical Absolutism and Ethical Relativism As mentioned in the Oscar Grant case, statistics show that many cases of police brutality and killings have not reached the justice department; which is said to be the result of the power the police force, having the ability to muffle such cases (Prenzler & Ransley, 2002). According to reports and studies, law enforcement officials are known to use means that are aimed at discriminating people who are willing to go forward to report cases of police misconduct and serious wrongdoings. Officials are said to threaten potential whistle blowers, using scare tactics such as conducting background checks to find any criminal offences and using them against the individual; planting evidence and in some cases threats of physical harm, all in an attempt to quiet the tattler (Prenzler & Ransley, 2002). The public has however lost confidence in the criminal justice because of the misconduct of the police. This is a major conflict brought about by the combination of different and distinct code of ethics and subculture the police are supposed to operate under. The theories of ethics and integrity are meant to strengthen communities through effective communication and reconciliation. These theories are fostered through training of police officers, they are; procedural justice, which is to ensure that during administration of a judicial process, the officers are to carry out adequate and sufficient investigation. By means of setting aside their personal emotions away from the investigations, and conducts an impartial process. All the evidence gathered is to be used without favor and justice is left to the court’s discretion. The police officers should also work towards reduction of bias treatment. Through performing their duties, not observing race, gender and religious affiliations. Police officers are human and from time, they might favor a party because they are of the same race or share a similar belief. The officers are also trained on ensuring racial reconciliation. This is through playing a leadership role while performing their duties, showing no favor for the same race and teaching the public on the importance of racial cohesion. Moral pluralism is the basic belief that every culture has a right to exist, be respected and protected by the law, and differentiates right from wrong with respect to every culture. It is based on a person’s individual judgment of what is morally right or wrong. Moral absolutism is the belief that one’s culture is the right culture and no other should exist, be respected or protected. Moral relativism is the belief that each culture is special in its own way and there is no right or wrong based on this assumption (Browning, 2006). The advantages of ethical pluralism over relativism and absolutism are that, judgment is based on an individual’s understanding of morality and respect for other cultures. It also creates room for reconciliation and accommodation for the beliefs of other people, based on religion, ideologies and political beliefs. Pluralism aims at saving the moral fiber of humanity with respect to the environment and other human ways of life. Another advantage is that it creates cohesion among different people, with diverse culture living together with respect for each other (Browning, 2006); which exists as the most important moral lesson of humanity. Respecting one another, despite the differences, supporting each other, peaceful interactions, and having a common set of rules to adhere to no matter the diversity. With specific regard to the to the Grant killing, when different people of diverse backgrounds come together for a common course; protesting what they all believe is wrong, no matter their diversity and speaking in one voice of condemning an act they all deem as a disgrace and disregard of human life. When a society stands together in defending what is morally right, it helps racial reconciliation, speaking in one voice and pushing towards the same goals. Moral pluralism is a belief that aims at promoting a sense of the world being a single unit despite the diversity in race, religion, culture and gender. All with respect for each other and treating a society as a unit and not grouping people based on superiority and minority. Applying Theory In the case of Oscar Grant, the misconduct of the police officers is best associated with the Rationale Choice Theory. Rationale Choice Theory explains that the action of an individual is based upon a variety of choices. An individual is placed within a multitude of courses of actions, and is to decide on which choice they are willing to settle with (Gilboa, 2010). In criminal offences such as in the case of Oscar Grant, police officers act in their own ill will, unlawfully and ill intended in deciding the choices they take to settle a conflict. Officer Johannes Mehserle had many choices on how to go about handling the situation of that fateful night. The first choice would have been to arrest Grant in the manner outlined, apprehend him and taken him to custody. Such action could have possibly changed the entire dynamics and saved the life of an innocent young man (Barker, 2011). Secondly, the two officers could have attempted to control the situation by dispersing the crowd, to allow them to work with a free space to make informative decisions (Barker, 2011). With a chanting crowd, the action of most police officers may be without clear thought as the officers are working to clear a situation in the shortest time possible. Lastly, the involved officers could have called for backup from assisting units around the train station, to help in dispersing the crowd, giving him time to investigate and make a personal judgment that is informed (Barker, 2011). Essentially, many choices could have been made, regrettably, Mehserle and his partner instead decided to use excessive force to constrain an unarmed civilian, treat him like an animal before public onlookers, and in the uncontrolled process drew a service weapon, and unjustifiably took Oscar Grants young life. Once more it is not clear whether the killing had existing factors that led to the decision of the officer drawing a gun to a defenseless civilian. The rationale choices of a police officer that made a wrong judgment led to the death of an innocent civilian (Barker, 2011). Recommendations With the increase in cases of unethical practices by police officers, many recommendations can be put in place to control the vice. As officers are also human and will at times make mistakes and bad calls, thorough training in emotional management is necessary (Perez, 2011). On a daily basis, police officers are put in different positions and situations that are life threatening or puts their emotions to the ultimate test. With many emotional discomforts, the officers can sometimes make poor judgment due to the trauma and such can lead to negative consequences (i.e. bad outcomes). Stricter rules should be put in place to handle the misconduct of officers who willfully engage in unlawful acts. These measures should be put in place to lessen and control the subculture of the police that is done with disregard for the interest of the public. The officers found culpable of these acts should face the law, as would any other citizen without the protection of the police force. Tough penalties should be introduced to punish those involved in illegal activities such as: corrupt dealings, witness interference and tampering with evidence (Perez, 2011). Such officers should be excluded from the force and face criminal charges as individuals and not as police officers. The aforementioned could reduce the ill conducts performed by rogue officers who use their uniforms as above the law super hero costumes. The referenced officers are the ones tainting the image of the police force, thus discouraging public confidence. Police officers should not be allowed to appear as witnesses in cases were their partners or close coworkers are defendants. The “blue line cop code” allows them to defend their colleagues, even with false information under oath. This will reduce the conflict between the normal code of ethics and the cop subculture. Special departments should be created to handle disputes between police officers and the public (non internal affairs). Particularly in cases involving judicial killings, police brutality, corrupt dealing and police involvement in criminal activities (Perez, 2011). This would be a good step towards restoring public confidence in the police force and assure citizens of protection when they want to forward significant information to the authorities. Improvement of working conditions and pay of police officers; providing money exists as the primary motive in corruption and wrongdoing. Higher wages for police officers could lessen if not eliminate illegal dealing that earned them an extra income. Assurance of good benefits of injuries acquired or deaths in line of duty, for both the cops and the families they leave behind (Perez, 2011). Officers feeling financially secure and safe, knowing that their welfare and that of their immediate family is well taken care of, they might operate with greater motivation and will to protect and serve wholeheartedly and ethically. Conclusion Police officers perform their duties under guided principles of behavior. These principles control and make clear how they are required to carry themselves while both on and off duty. The guiding principles are formulated to ensure that even as officers responsible for imposing the law and maintaining order, they must also operate within the same parameters. The public has however lost confidence in the criminal justice as a result of all the unprosecuted police shooting, beatings etc. The misconduct of police officers has truly weakened an already unstable system. To state that reforming ethical policy and guidelines will rectify the problem would be far reaching, however a small step in the direction of a larger victory. We must start someone and if the inception is at the very beginning of the prison system process (e.g. arrest, etc.), this writer will however state, it is a great move.

References

Browning, D. (2006). Universalism vs. Relativism: Making moral judgments in a changing, pluralistic, and threatening world. Lanham, Md: Rowman & Littlefield. Brannigan, M. C. (2005). Ethics across cultures: An introductory text with readings. Boston: McGraw-Hill. Barker, T. (2011). Police ethics: Crisis in law enforcement. Springfield, Ill: Chares C. Thomas. Gilboa, I. (2010). Rational choice. Cambridge, Mass: MIT Press. Prenzler, T., & Ransley, J. (2002). Police reform: Building integrity. Annandale, NSW: Hawkins Press. Perez, D. W. (2011). The paradoxes of police work. Clifton Park, NY: Delmar Cengage Learning Vadackumchery, J. (2002). Police criminology and crimes. Delhi: Kalpaz Publications.