Law enforcement agencies and the government have over time been synonymous to the enforcement of the law for public good. At the same time, the law enforcement agencies are tasked with ensuring that the rights of alleged perpetrators of any crime are protected from any sought of harm regardless of whether they committed the crime or not. In Jones’s scenario, a lot of legal and ethical issues arise. There are issues relating to the fact that she is a repeat offender, impact of her conduct to the society, the government’s role in the promotion of public order and the law itself. Of my interest in this report, however, is the crime prostitution in the State of Louisiana.
Under the law of the State of Louisiana, prostitution is criminalized under Revised Statutes Title 14; Criminal Law/RS 14:82. Louisiana law defines prostitution, under the Revised Statutes s14:82 as the practice by a person of indiscriminate sexual intercourse with other people for sexual compensation. The crime is also defined as the solicitation by one person of another with intent to engage in indiscriminate sexual intercourse with the latter for compensation. So under the law of Louisiana, prostitution can either be the actual act of engaging in indiscriminate sexual intercourse or in soliciting other people to participate in the act. According to the Act, prostitution is a misdemeanor punishable by way of a fine not exceeding five hundred dollars or incarceration for not more than six months (RS14:82).
Societal factors play a critical role in determining the conduct of individuals. Social-stigmatization, parental neglect, racial factors and class stratification are what has led may influence a person’s criminality. In the case of children, if parents fail to provide necessary care for a child, such a child is likely to fall prey to bad social groupings from where he or she engages in early deviance hence criminality in the long run. Social reaction toward criminal conduct may have an enormous impact on crime. Stigmatization of criminals, for instance, may lead to a break-up of pro-social relationships, loss of friends and relatives who choose to avoid the alleged offender. Consequently, the resultant effect will be that the person remains predisposed to committing crimes since they lack people to give them moral support and discourage them from it. Association with sub-cultural groups also reinforces a person’s criminality (Banks, 2013).
Labeling and racial profiling are other societal factors that may impact a person’s criminal behavior. In instances where an individual is discriminated against i.e. they are taken through high scrutiny at police checkpoints because of their race, or ethnic origin, the likelihood that such people will revert to petty crimes like disobedience of law enforcement agencies is high. Lastly, social inequalities and injustices are also to blame for criminality. The gap between the wealthy and the have-nots has over time widened. Some people have too much while others lack basic essential needs. As a result, those with financial constraints have reverted to criminal activities in a bid to upkeep themselves and in extension their families (Banks, 2013).
As the guardian of the society and persons suspected of engaging I crime, the government has to act equitably. It has to ensure that the law as laid down by the legislature is enforced and that includes the protection of human rights of a suspected criminal. The role of protecting suspect is founded on the ideology of due process. Under the U.S constitution, all persons accused of any crime must be accorded a fair hearing whereby they are to be allowed be informed of the charge against them and given an opportunity to respond to the charges against them. As a further right, the accused person has to be entitled the services of an attorney and in the instance that he or she cannot afford the services of a lawyer, to be assigned an attorney by the State. Of course, it is unquestionable that of all rights, the accused person always has the right to life and that he or she shall not be arbitrarily deprived of this right (Miller, 2010).
In reverse, the rights of an accused person as a principle of law make it the responsibility of the government, the major social contractor, and guardian of the whole society, to protect and promote these rights. The law prohibits the government from depriving any person of any right granted by the constitution except as allowed under the law. By extension, it is also the duty of the government to provide rehabilitation services to offender so as to encourage them not to engage in criminality. In a situation where the offender is a drug addict, he is to be subjected to coercive treatment to d since addiction may be dangerous prompting the suspects into acts that are harmful to their persons (Miller, 2010).
Finally, Marconi, as a police officer, is under a duty to enforce the law fairly and equally without discrimination. As an arresting officer, Marconi has to exercise due diligence by ensuring that the suspect who happens to be violent does not injure herself. A law enforcement officer, in most cases, is expected to respond to violent suspects with corresponding force so as to subdue the suspect. The force which the agent uses should not exceed the one employed by the suspect but be sufficient to effect the arrest. In most cases, an officer will handcuff the suspect just to restrain his or her movement. It helps to prevent the suspect from harming themselves in the instance that he or she acts impulsively. On the other hand, criminal justice professionals will be expected to serve respectively in diverse populations. Actions likely to dehumanize the clientele are discouraged since the resultant effect is that there will be a lack of trust hence creating a barrier and communication break-down. It is also the duty of a professional to a bid by the law by not just ensuring that the suspect is treated fairly but also subjected to the necessary legal process. The point is that criminal justice professional must should not be an impediment to the application of the law but support the whole process while at the same time protecting the suspect (Banks, 2013).
References
Banks, C. (2013). Youth, Crime and Justice. Abingdon: Routledge.
Miller, N. (2010). Principles of addictions and the law. Amsterdam: Academic Press/Elsevier.
Revised Statutes Title 14: Criminal Law. Louisiana. RS14:82 et seq (modified 2014)
