How has terrorism impacted the police mission in the U.S.? What disagreements exist regarding the appropriate law enforcement behavior which fights terrorism but maintains personal liberties?
The terrible terrorist attack on September 11, 2001, jolted the nation with regards to matters of security. The US was forced to get into feverish preparations to avert future attacks and to respond the one that had already taken place. As a result, there were new responsibilities in all levels of law enforcement including local, federal, and state agencies (CSG and EKU, 2006). At the level of the federal government, a new Department of Homeland Security was created (CSG and EKU, 2006). In addition, priorities within the Federal Bureau of Investigations (FBI) and other law enforcement agencies in the federal governments changed (CSG and EKU, 2006). As highlighted by (CSG and EKU, 2006), at the state level, the police took up new duties involving homeland security including: securing borders; gathering and analyzing intelligence; preparing for response tactics and equipment; and others.
In the context of US national security, the issue of maintaining personal liberties is a pertinent one. The war against terror has introduced debates on counter-terrorism policies, human and civil rights. In a study by CSG and EKU, (2006), 73% of Republicans felt that detention policies at Guantanamo Bay were fair while 39% of Democrats agreed while 47% of Democrats felt that the policies were unfair. Furthermore, 66% of Republicans do not justify torture under any circumstances, while 60% of Democrats agree (CSG and EKU, 2006). Advocates of civil rights protest that changes to the status-quo that existed before 9/11 terror attacks are unacceptable corrosions of civil rights and undue increase in executive power. However, security leaders argue that these measures are necessary in winning the fight against Al-Qaeda.
What role does social stigma play in police ethics? Give specific examples from your reading or your experiences where social stigma played a role in either furthering police corruption or reducing it.
Social stigma varies widely from one country to another and is dependent on its foreign relations with other countries (Delattre, 2006). Police ethics are many times influenced by social stigma, because members of the police force are individuals who are members of the community. As a result, they also have special attachments, special interests or may even be personally affected by societal events. They may identify themselves with a particular group, for example, race, or religious affiliation, and therefore may have a bias when dealing with members of their group or an opposing group (Delattre, 2006). Though police have a professional code of ethics to follow, their individual perceptions may influence their handling of certain issues.
For example, since the 9/11 attack, Muslims in the US and the Western world have faced social stigma. There is also a great deal of animosity towards people of Arabic ethnicity and sometimes people of Asiatic origin are harassed. Quite recently, a Black Muslim lady opted to sue the University of Bridgeport because instead of investigations her complaints of sexual harassment by a fellow student, they instead reported her to the FBI (ABC News, 2012). When she reported the matter and filed the case, the FBI took this case seriously and is currently investigating the issue because they understand that Muslims have been quite marginalized ever since the terrorist attacks. Another matter of grave concern is the manner in which policemen treat Black suspects. Most recently, an unarmed 18 year old Jamaican male was shot dead by police on suspicion of marijuana possession (Daniels, 2012). This raised much concern over the issue of police harassment by police officers who probably hold a certain perception against Blacks in legal circles.
Are the ethical forces behind police corruption the same as those involved in police abuses of force?
The ethical forces governing police corruption and abuse of force are similar. Police misconduct is categorized into two: police corruption; and abuse of power (Banks, 2008). These two categories ay either be individual or may be practised by a police institution. These two categories raise ethical issues in policing which tend to overlap and which violate the Code of Ethics spelt out for policemen. Police corruption takes place when an officer acts in a manner which puts his personal interests above those stipulated by the law and which result in violation of both criminal law and police procedure. Delattre, (2006), points out that police corruption is widespread, and it supported by police officers who condone it by turning a blind eye and not reporting these cases. In fact, Banks, (2008), suggests that most forms of corruption among the police would not survive unless supported by the institution, where the other colleagues may refuse to confront the issue or officer engaging in malpractice (Delattre, 2006). This brings to light the issue of police subculture, which may not encourage action against corrupt officers, whether or not his or her colleagues support corrupt activities (Banks, 2008).
Excessive use of force also brings to the fore ethical issues for consideration. The police are allowed to use force in certain circumstances, and often the line between adequate force and excessive force is difficult to determine (Delattre, 2006). The police are even allowed to employ deadly force on dangerous or armed criminals who are fleeing; and this force is not limited to the utility of firearms. In certain circumstances, it is deemed improper to employ force in the following cases: to punish the suspect; when it is disproportional to the offense; or when it is impractical to use force to achieve set aims (Banks, 2008). In most circumstances, the use of force is discretion of the police officer, and the definition of excessive force is dependent on the context in which it was applied.
The ethical considerations underlining police corruption and abuse of force as stated earlier are quite similar. The ‘rotten apple hypothesis’ stipulates that certain people are simply bad in their core. This may be as a result of a bad childhood experience, or bad peers (CITE). Rotten apples in the force may engage in criminal activities like selling drugs, taking bribes, or even facilitating grand scale corruption (Delattre, 2006). Another hypothesis which may explain police misconduct is ‘structural hypothesis’ which suggests that when the leaders in the institution do not take decisive action against corruption, or practice it themselves, then this trickles down to some of the junior members of the department.
Discuss individual conscience and police assignments using specific examples. How can training prepare would be police officers for the ethical dilemmas they will face?
Many times, police officers refuse to admit or accept the existence of ethical compromise or corruption which exists in their departments (Delattre, 2006). As a result, officers are unable to develop a deep understanding and appreciation of ethical issues; thus lack adequate strategies or information to combat the unethical practices. Due to this, officers who operate in high risk environments are more likely to find themselves engaging in practices which destroy their personal and professional lives, as well as damaging their institution’s reputation (Delattre, 2006). The idealistic and ethical officer may transform into a corrupt self-serving officer who looks out only for personal interests. This is a subtle process that usually escapes the notice the ethical officer but happens all the same. For example, an over enthusiastic officer may invest a great deal of time and energy into apprehending a criminal. However, the suspect may get off in court not due to lack of guilt but due to the artistry of clever lawyer. This may serve to disillusion the over- enthusiastic police officer completely who will revert to believing in the popular saying in the police force, “It does not matter how guilty you are, but how slick your lawyer is,” (Gilmartin and Harris, 1998, p. 3). When such feelings build up caused by a number of factors beyond the officers control, he may eventually lose interest in discharging his duties effectively and may even engage in malpractices.
Ethical training would act as an excellent preparation for police officers to avoid the entrapment of unethical practices. The ethical training must be presented in a manner which the officers find relevant so that they may be able to internalize them. It would be necessary for this training to demonstrate how a good officer could easily transform into a bad one. Ethical training should inform would be officers of the possible situations where they may be compromised ethically, and how to deal with such circumstances. The officers would then be more prepared to tackle such situations and act in a reputable and professional manner.
References
ABC News (2012). Muslim woman sues Connecticut University for alleged terrorism claim. Available at http://abcnews.go.com/US/muslim-woman-sues-connecticut-university-alleged-terrorism-claim/story?id=15355344&page=2
Banks E. (2008) Ethics and Policing.
Council of State Governments, CSG & Eastern Kentucky University, EKU, (2006). Impact of terrorism and state law enforcement. Available at
https://docs.google.com/viewer?a=v&q=cache:_zquE5sZozIJ:www.ncjrs.gov/pdffiles1/nij/grants/216642.pdf+the+impact+of+terrorismon+the+police+mission+in+the+US&hl=en&gl=ke&pid=bl&srcid=ADGEESi99jctKhkpWzHB8
Daniels P. (2012). Third police killing in one week in New York City. Available at http://www.wsws.org/articles/2012/feb2012/nypd-f06.shtml
Delattre E. (2006). Ethics in policing. Maryland: Littlefield Publishing Group.
Gilmartin K. & Harris J. (1998). Law enforcement ethics the continuum of compromise. Available at http://emotionalsurvival.com/law_enforcement_ethics.htm