ETHICAL VIOLATIONS BY ENFORCEMENT OFFICERS
The Law and Order SUV episode Parole Violations is a trip on the dark side of law enforcement. The story is a look at how people in power within the enforcement system, in particular, Parole Officers, can and do use their power to manipulate and control parolees, who are entrusted by the system to their care and direction. Parolees are often struggling to find their way while fighting the stigma of being a convicted criminal. This episode examines some concepts that go against the norm, such as whether to believe the word of a convicted criminal over that of a veteran top of the line parole officer, and the concept of men being raped which goes against all the accepted stereo types. It is evident as the episode plays out that there are numerous violations of the ethical relationship between parole officers and those in their care.
At the heart of the questions of ethical misconduct that take place within the episode is the dichotomy that exists between a parole officer and a parolee. Existing on opposite sides of the law these people are to cooperate to ensure that the parolee lives up to the terms of his parole as established by the court. As a convicted criminal the parolee has his / her near future in their parole officer’s control. As per the N.Y. Parole Handbook, the parolee must comply with any order given by an officer (Section 3 (6)). Early on the parole officer (Donna) orders her client (Tommy) to take a drug urine test in her office with her there rather than the bathroom. It is her statement to him “ decline and I’ll ship your ass upstate right now” (SUV 2:55), that clarifies the atmosphere. This is followed by her forcing him to have sex with her at gun point. Though an obvious ethical breach, in light of the law officer – criminal contrast this would amount to ‘who are you going to believe’ until the evidence is compiled.
The next ethical problem takes place when the police officer is told he can not (SUV 9:45) take place in the investigation because his sister is the fiancé of the parolee (50 State Table). This is a usual state of affairs when there is a conflict or potential conflict of interest, which there obviously could be here.
When the police bring Donna’s supervisor in for a briefing the next ethical question arises. Learning Donna is the one who is being accused of raping her client he reacts with “give me the name of that lying SOB that’s been yanking your chain” (SUV 12:14). His reaction hints to his blind belief that no way could she be guilty. This implied reaction gains strength the next day when Donna brings 3 other officers to Tommy’s apartment for a home search. As the other officers search in rooms that are in view, Donna goes into a back bedroom and within minutes comes out with 2 bags of pills, a drug violation that automatically means Tommy’s arrest. (SUV 14:00). When you combine the supervisor’s denial of Donna’s possible wrong doing with the next day’s finding of drugs, there is a definite possibility of collusion by Donna and her supervisor by the planting of drugs and thus a very serious ethical question.
The police then produce Donna’s DNA on Tommy’s clothes which prove the two of them did have sexual relations. When the police confront Donna in an interview, she admits to the conduct but claims it was all his doing and his idea. While she does recognize she is wrong by claiming she didn’t tell him to stop when she should have (SUV 21:41), she is not under oath so while not committing perjury she does violate the American Probation and Parole Association’s Code of Ethics, by not cooperating with related agencies and hindering an investigation (Code of Ethics 5).
DNA evidence makes it clear that the bags of drugs found in Tommy’s bedroom were from another client of Donna’s. During his interview, he admits to not only providing the drugs to Donna, but to providing sexual favors in exchange for her fixing his urine sample to make sure he always passes his drug test (SUV 22:30). This information gives strength to Donna’s obvious ethical transgressions. The Defense then seals its own fate by calling Donna’s client to the stand after he is a no show for the prosecution. As a witness representing the defense this man first paints a picture that the whole thing is his fault and that Donna “ has been nothing but good to me” (SUV 35:00). However, on cross-examination, the same witness admits he has been using heroin and that Donna fixed his urine test in exchange for sex and the drugs to plant on Tommy and he then signals out the Parole supervisor as supposedly making sure his charges would disappear (SUV 37:00). It then becomes crystal clear that the defense has influenced the witness to perjure himself, which besides being another violation of ethics is a criminal charge, suborning perjury (England).
In the end, there are clear cut ethical violations and an abuse of power by the Parole Officer. In addition to lying during a police investigation, she uses her relation with her clients to coerce sexual favors, plant damming evidence, fix urine samples, and finally plays a part in influencing a witness under oath to perjure himself.
Works Cited
“Code of Ethics.” American Probation and Parole Association, (n.d.),
www.appa-net.org/eweb/DynamicPage.aspx?WebCode=IA_CodeEthics.
Accessed 23 Jan. 2017.
England, Deborah C. “Perjury: Laws and Penalties.” Criminal Defense Lawyer, (n.d.), http://www.criminaldefenselawyer.com/crime-penalties/federal/perjury.htm#.
Accessed 23 Jan. 2017.
“50 State Conflict of Interest Definitions.” National Conference of State Legislatures, (2017), New York Public Officers Law, Article 4. Powers and Duties of Public Officers, § 74. Code of Ethics,
www.ncsl.org/research/ethics/50-state-table-conflict-of-interest-definitions.aspx. Accessed 23 Jan. 2017.
“New York State Parole Handbook.” Department of Corrections and Community Supervision,
(Nov. 2010), Section 3 (3) (6), www.doccs.ny.gov/Parole_Handbook.html. Accessed 23 Jan. 2017.
“Watch Law & Order: Special Victims Unit Season 16 Episode 17: Parole Violations Online.” Putlocker, (n.d.), http://putlockers.ch/watch-law-and-order-special-victims-unit- tvshowseason-16-episode-17-online-free-putlocker.html. Accessed 23 Jan. 2017.