Writing Assignment 3

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WRITING ASSIGNMENT #3 Professor Taiping Ho Department: Criminal Justice and Criminology CJC 229 – Ethics and Decision-Making in Criminal Justice Danaysha Sullivan Write an essay on the potential disciplinary sanctions that should be taken against officers who commit legal, policy, and/or ethical transgressions. What is the rationale for the administration of punishment? Which acts warrant more severe sanctions? What should be done with an officer who has a drinking or drug problem? Taking a bribe? Stealing from a crime scene? Hitting a handcuffed suspect? Having checks bounce? Being disrespectful to a member of a minority group? Sexually harassing a coworker? Disciplinary sanctions should be taken against officers who choose to commit legal, policy, and/or ethical transgressions. I would like to point out police corruption is an issue that takes place worldwide not just in America. Transgressions is defined as violation law, command, and duty. A police officer’s role is to protect and serve ethical boundaries shouldn’t be crossed on or off duty. Accepting bribes, planting evidence (evidence tampering most common in the drug division), and turning a blind eye should result in the highest from of punishment. Different forms of disciplinary sanctions include censure, suspension, monetary penalties, or termination of employment. I don’t believe someone should be judged from their mistakes however in this profession there should be zero tolerance. When an officer violates his roles, I believe it should result in immediate termination of employment if not its hypocritical. My rationale being if unethical behavior goes unpunished corruption will just spread though the department. Influence from older officers can negatively impact new recruits although they should have a mind of their own. Acting on opportunity is one of the biggest reasons for police corruption as described in the book. “The terms grass eaters and meat eaters are used to describe officers (specifically NYPD but I think it can be used in general) who take advantage of their “power”’. This can come in the form of physical, psychological, and legal. A good example of legal abuse is the John Spencer case. An innocent man who was sent to prison for 20 years due to fabricating of evidence. (NYC Police Department) Last year for one of my CJC classes we had to watch the movie Crash and I think it does a good job of showing physical and psychological abuse in police corruption. Although the driving force was racism its still does a great job of getting its point across. My personal feeling about corruption is Police Departments need to do better and stop hiring racist

and crooked people. I think finding new methods for the hiring process and investing time in communities will probably have a more positive outcome. Is not hard to do the right thing either you do, or you don’t. Its not hard to treat people with dignity and respect. If those requirements are too hard to abide by then you have no place in the people profession Write an essay on the legitimate functions of law in society. Do you agree with laws that prohibit gambling? Drinking while driving? Underage drinking? Prostitution? Liquor violations? Drugs? Helmet laws for bicycles or motorcycles? Leash laws? Seat belts? Smoking in public places? Can you think of any paternalistic laws not mentioned above? Analyze pornography, gambling, homosexuality, and drug use under the ethical systems discussed in Chapter 2. What other laws have limited Americans’ (or certain groups’) freedoms? Can they be justified under any ethical rationale? Laws are rules set in place meant to protect order, individuals and society. The legitimate functions of law in society are to establish high standards without overstepping personal rights. “In a society such as the United States, the law informs everyday life in a wide variety of ways and is reflected in numerous branches of law. The law is a guidepost for minimally acceptable behavior in society.” (Lumen Learning) Or more commonly known as Legal paternalism and Legal Moralism. Which aims to protect individuals from themselves and protection of societal morals. That being said I agree with laws that prohibit gambling, drinking while driving, underage drinking, prostitution, liquor violations, drugs, helmet laws for bicycles or motorcycles, leash laws, seat belts, and smoking in public places. As long as its not violating the 4 th amendment. Imagine if leash laws were lifted do you know how many dog attacks would be reported. Or driving under the influence and drugs which most people participate in anyways. To me driving under the influence is one of the most selfish acts you can participate in families, little kids, elderly people are all on the road with you. Although I agree with bike helmet laws it is less serious when you’re comparing a bike to a motorcycle. Analyzing pornography, gambling, homosexuality, and drug use under the realms of the ethical systems is condemning in a way. For example, there are certain things I won’t agree or participate in because of religion and my own personal morals. However, the ethics of virtue and natural law are like a blueprint to influence personal decisions “What is a good person” everyone’s answer or this would be different and religious beliefs. Which you can agree with or not. I don’t know of any laws that limit American freedom because when compared to other countries we are pretty much free to do what we want. It’s more so the people in America that can limit your freedom with their personal beliefs. I do believe they justify their actions through the lens of ethical rationale. I believe in live and let live, so basically this means even if you don’t agree with someone’s personal choices its not up to you to intervene, they have the right to live however they want if it’s not violating laws. I think the world would be a better place if people lived by this.

Write an essay on what your decision would be if you were a disciplinary committee evaluating the following case: A prosecutor was working with police in a standoff between triple murderer and police. When the murderer demanded to talk to a public defender, the police did not want to have a public defender get involved, so the prosecutor pretended to be one. He spoke with the suspect on the telephone and lied about his name and being a public defender. The man then surrendered to police. The prosecutor was sanctioned by the state bar for misrepresentation and was put on probation and required to take 20 hours of continuing legal education in ethics, pass the Multistate Professional Responsibility Examination, and be supervised by another attorney (Tarnoff, 2001). In your essay, describe what you think should have occurred and why. I believe the police should have brought in an actual public defender instead of misrepresentation. The triple murder suspect surrendered to whom he thought was an actual public defender. If he surrendered then, then why would he not have done it with the actual public defender. The just compromised the authenticity of their case for no reason. I understand he’s guilty he knows he’s guilty and the cops no this to be true, but why not do things the right way. I also found it interesting that the prosecutor was sanctioned and had to take 20 hours of continuing legal education in ethics, pass the Multistate Professional Responsibility Examination, and be supervised by another attorney, but the repercussions for the officers was nothing. The ethical issue for prosecutors is interesting. Although prosecutors and police relationship are independent, I know in Indiana the Prosecuting Attorney and Deputy Prosecuting Attorneys are law enforcement officers under Indiana law. I don’t know what its like in other states. “The role of prosecutor is to protect the innocent and convict the guilty, consider the interests of victims and witnesses, and respect the constitutional and legal rights of all persons, including suspects and defendants”. ( Marc Allen 2018)

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Write an essay on the legality/ethics of the following actions of a prosecutor:  Announcing a suspect of a drive-by shooting to the media so the offender was in danger from rival gang members, and then offering protective custody only if the man would plead guilty.  Authorizing the arrest of a 10-year-old boy who confessed to a crime, even though there was no serious possibility that he was guilty, in order to pressure a relative to confess.  Authorizing the arrest of one brother for drugs, even though the prosecutor knew the charge would be thrown out (but the young man would lose a scholarship to college), in order to have leverage so that he would give evidence against his brother. Announcing a suspect of a drive-by shooting to the media so the offender was in danger from rival gang members, and then offering protective custody only if the man would plead guilty. This action violates use of discretion, using plea bargaining as extortion, and media relations. In the book it states “The prosecutor must seek justice, not merely a conviction.” Theirs so many things that can go wrong with this. A false confession based on one’s fear of death from rival gang. Also, plea bargains already come with ethical issues in the law enforcement world. The relationship between media and law enforcement should be proceeded with caution. Statements that can’t be used on news is identity of a witness, the general nature of the claim or charge, the possibility of a guilty plea etc. Violations of these rules can be dangerous for the suspect who may or may not be guilty. Authorizing the arrest of a 10-year-old boy who confessed to a crime, even though there was no serious possibility that he was guilty, in order to pressure a relative to confess. I believe is an example of zealous prosecution because its not necessary and violates ethical principles. Authorizing the arrest of one brother for drugs, even though the prosecutor knew the charge would be thrown out (but the young man would lose a scholarship to college), in order to have leverage so that he would give evidence against his brother. This action violates conflicts of interest.” Attorneys should decline to represent a client, or withdraw from a current matter, when their advocacy is or will be materially limited by duties owed to another or by self- interest. When an attorney can reasonably provide competent and diligent representation despite a conflict, an informed and written conflict waiver must be obtained from all affected clients, unless waiver of the conflict is otherwise prohibited by law or Rule.”( Detecting and Navigating Conflicts of Interest 2022) To avoid allegations its best if they find someone else to work the case out of respect of their duties.

Sources: Pollock, J. M. (2014). Ethical dilemmas and decisions in criminal justice . Wadsworth. Disciplinary sanctions definition . Law Insider. (n.d.). Retrieved February 15, 2023, from https://www.lawinsider.com/dictionary/disciplinary-sanctions#:~:text=Disciplinary %20sanctions%20may%20be%20imposed%20on%20any%20Supervised%20Persons %20committing,penalties%2C%20or%20termination%20of%20employment. Learning, L. (n.d.). Introduction to business . The Meaning and Purposes of Law | Introduction to Business. Retrieved February 15, 2023, from https://courses.lumenlearning.com/suny- hccc-introbusiness/chapter/meaning-and-purposes-of-the-law/#:~:text=The%20law %20serves%20many%20purposes,and%20protecting%20liberties%20and%20rights. https://www.law.umich.edu/special/exoneration/Documents/ NRE_Exculpatory_Evidence_Obligations_for_Prosecutors.pdf https://www.in.gov/courts/discipline/files/dc-opn-2-22.pdf

Writing Assignment 3

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