CJ340 Unit 7 Assignment

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Jan 9, 2024

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1 Ethics: Critical Analysis of Law Enforcement Conduct CJ340: Applied Criminal Justice Ethics Purdue University Global

2 Ethics: Critical Analysis of Law Enforcement Conduct Law enforcement officers are constantly scrutinized and expected to display exemplary professionalism and ethical conduct. The ubiquity of smartphones, coupled with their video-recording functionality, has made it too easy for citizens to capture and share footage of police officers' behavior. In this essay, we, a six-member review board, will analyze three scenarios involving police officers and their conduct issues. We aim to critically evaluate the ethical implications of the officers' behavior in these scenarios. By the end of this essay, readers will understand the importance of ensuring that law enforcement personnel are well-prepared and equipped to engage with civilians ethically and professionally. In the first scenario, it was revealed that Officer Cindy Bartoshevich engaged in a sexual relationship with Michael Carroll, an inmate under her supervision. This behavior violates professional conduct and puts Officer Bartoshevich and Mr. Carroll at significant risk. After examining the evidence, we have determined that Officer Bartoshevich's actions constitute Major Misconduct, specifically Conduct Unbecoming an Officer, which is a severe offense. We take such matters very seriously and will take appropriate disciplinary action to ensure our officers uphold the highest standards of professionalism and integrity. The theoretical framework known as the rotten apple theory posits that certain law enforcement officers may engage in inappropriate behavior due to their immoral or criminal tendencies. In the present instance, the prison officer's inappropriate conduct can be classified as improper behavior, reflecting an individual's moral shortcomings rather than systemic issues. Notwithstanding, such incidents within correctional facilities are recurrent, as Austin's (2022) report in the Associated Press (AP) News indicates. This suggests that the rotten barrel theory may also be involved. The latter theory demonstrates that there could be a more significant cultural or institutional problem that permits or even encourages such behavior (Johnson, 2022). To combat corruption and misconduct effectively, a comprehensive strategy is required. This approach must include extensive training emphasizing ethical and professional boundaries, transparent

3 regulations and procedures that can be enforced, and a robust system of supervision and accountability (Austin, 2022). It is crucial to safeguard whistleblowers to promote transparency and accountability. It is necessary to apply strict consequences, such as termination, suspension without pay, or letters of last- chance agreement, in response to severe wrongdoings like the one mentioned. However, apart from punitive measures, preventive techniques such as continuous ethics training, regular evaluations of policies and procedures, and fostering a culture of integrity within the agency can be more effective in preventing this type of behavior in the future. In his article titled "Internal Mechanisms within Law Enforcement Agencies to Police Their Own," published in the George Washington Law Review in 2023, Kaufman emphasizes the importance of these systems and highlights the role that internal affairs play in upholding ethical standards. Corruption within correctional facilities poses a significant challenge to the criminal justice system. Instances of prison officers engaging in sexual misconduct with convicts serve as a testament to this issue. Effective resolution of penitentiary corruption necessitates a comprehensive and multi-faceted approach that emphasizes strict enforcement of disciplinary measures, provision of extensive and continuous training on ethics and professional conduct, regular review and updating of policies, and cultivation of a robust institutional culture that prioritizes the preservation of ethical norms. A proactive and dynamic approach that encompasses preventative and corrective measures is required to foster an environment of integrity, responsibility, and respect for human rights. In the second scenario, it was revealed that a Cuyahoga County correction officer pummeled a mentally ill inmate after turning off their body camera. The officer's actions constitute major misconduct, which violates the agency's use of force policy, the Fourth Amendment to the United States Constitution, and the law. Not only does such behavior negatively impact the agency's mission and values, but it also undermines public trust in law enforcement. After examining the heinous act of a correction officer brutally beating a mental inmate after turning off their body camera, we categorize this event as significant misconduct, specifically conduct unbecoming of an officer, substantiated by the agency's policies and the law. The officer's actions contradict the agency's use of force policy and the Fourth

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4 Amendment to the United States Constitution, which prohibits unreasonable searches and seizures. In addition, the officer's conduct undermines the agency's mission, values, and public trust in law enforcement. The committee's recommendation is based on several factors, including the severity of the officer's actions, the impact of the officer's actions on the inmate, and the potential damage to the public trust in law enforcement. The officer's conduct is highly egregious and completely unacceptable. As an officer, he is entrusted with maintaining the safety and security of inmates, and his conduct undermines the agency's mission and values. The use of excessive force against a mentally ill inmate who was already restrained is not only unethical but also potentially harmful to the inmate's physical and mental health. To prevent and control corruption, the agency needs to ensure that all officers receive comprehensive training on the agency's policies and procedures, particularly regarding the use of force and handling of mentally ill inmates. The agency should also enforce stricter supervision and monitoring of officers, including using non-removable body cameras. Furthermore, the agency must promote a culture of accountability where officers are held responsible for their actions, and there is a transparent process for reporting misconduct. The agency must support whistleblowers who report misconduct and protect them from retaliation. Whistleblowers play an essential role in identifying and reporting misconduct within an agency, and their efforts should be recognized and supported. Lastly, the agency should implement regular audits and reviews of officer conduct to identify any patterns or trends of misconduct and take appropriate action to address these issues. The third scenario involves law enforcement and corrections personnel and their ethical responsibilities. Let us take a look at a recent incident regarding Correction Officer Demeria Thomas from St. Louis Justice Center, who failed to intervene or seek medical assistance for an inmate being assaulted on March 22, 2021 (Hayes. 2021). This analysis will categorize the incident, recommend disciplinary action, evaluate the type of corruption involved, and suggest preventative measures. After thoroughly examining Officer Thomas' behavior, we have concluded that she is guilty of Major Misconduct (Conduct Unbecoming an Officer). The officer's inaction and disregard for an inmate's

5 safety go against a corrections officer's core responsibilities. This not only puts the inmate's well-being in jeopardy, but it also undermines the integrity of the correctional system. This classification is supported by established ethical guidelines and the professional standards expected of corrections officers. The severity of the offense justifies Officer Thomas's termination and the possibility of legal action. This recommendation is based on the principle that correctional officers are in a position of trust and are responsible for the safety and welfare of inmates. Officer Thomas's failure to act is a severe breach of duty, requiring a response emphasizing the gravity of such misconduct. This incident falls under the "rotten apple" theory, where individual misconduct reflects personal ethical failure rather than systemic corruption. Griffin & Ruiz (1999) state that "the traditional 'Rotten Apple' theory has argued that deviant police officers brought their undesirable traits into the policing profession when they were hired; under this theory, the solution to police misconduct is to improve the psychological screening of police officers so that the "rotten apples" are excluded from the "barrel." (Griffin & Ruiz. 1999). The agency can benefit from a more rigorous hiring screening process and should implement comprehensive training programs emphasizing ethical responsibilities to prevent similar occurrences. Additionally, intervention and reporting protocols must be established. Enhancing supervision and fostering an environment that supports whistleblowing are also crucial steps. These measures address individual misconduct and cultivate an organizational accountability and ethical conduct culture. Officer Thomas' case highlights the significance of maintaining ethical standards within correctional facilities. Her misconduct has led to recommended actions against her, which serve as a message of the agency's unwavering commitment to ethical practices. Upholding such standards is crucial for preserving the integrity of the correctional system and ensuring the safety and rights of those under its care. In conclusion, after thoroughly examining all three scenarios, law enforcement personnel must realize that their position comes with great responsibility. Individuals entrusted with authority must always strive to uphold the highest standards of professional conduct.

6 Police officers must understand that any form of misconduct is entirely unacceptable. Their primary duty is to ensure the safety and well-being of the community they serve. If they misuse their power and engage in acts of violence or intimidation, they risk causing irreparable harm to the trust people place in law enforcement. It is, therefore, imperative that police officers respect their oath of office and conduct themselves with the utmost integrity, both on and off duty. The community looks up to them as role models and expects them to act as such. By doing so, they can continue to serve as a beacon of hope and security for all those who rely on them for protection.

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7 References Austin, S. (2022, December 29). Ex-California prison officer accused of sexual misconduct. AP News . https://apnews.com/article/california-sexual-misconduct-prisons-crime- 9705986519144739f414e63ef35baa06 A case involving a former California prison officer accused of sexual misconduct is detailed in this article. This incident brings attention to the grave problem of misconduct occurring in correctional facilities and the criminal accusations that the officer was confronted with. Hayes, C. (15 June 2021). Fox Files: Shocking Jail Video Shows Corrections Officer’s Role in Inmate Assault. https://fox2now.com/news/fox-files/fox-files-shocking-jail-video-shows-corrections- officers-role-in-inmates-assault/ This website is from our assignment text and includes information about scenario three. Griffin, C., & Ruiz, J. (1999). Sociopathic police personality: Is it a product of the “Rotten apple” or the “Rotten barrel?” Sociopathic Police Personality: Is It a Product of the “Rotten Apple” or the “Rotten Barrel?” | Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/sociopathic- police-personality-it-product-rotten-apple-or-rotten This is a Department of Defense website. Johnson, C. (2022, November 3). Guards who sexually abuse inmates have not been punished harshly enough, DOJ memo says. NPR . https://www.npr.org/2022/11/03/1133543089/prison-assault- justice-report This report examines the insufficient penalties imposed on security officers who engage in sexual abuse of inmates, with citation to a memo from the Department of Justice. This highlights a systemic concern within the criminal justice system about managing cases involving exploitation of this nature.

8 Kaufman, Z. D. (2023). Police Policing Police. George Washington Law Review , 91 (2), 354–445. "Police Policing Police," a scholarly article by Kaufman, explores the intricacies and difficulties associated with internal investigations and accountability in law enforcement. It offers an academic viewpoint regarding the supervision of police behavior. Levin, S. (2023, October 30). A correctional officer confessed to sexual misconduct. He got a year of paid time off and no charges. The Guardian . https://www.theguardian.com/us-news/2023/oct/30/california-womens-prisons-correctional-officers- sexual-assault-investigation A case is described in this article in which a correctional officer accepted responsibility for sexual misconduct but was granted one year of paid leave without being charged. This statement underscores concerns regarding leniency and accountability in the penal system. Pollock, J. M. (2021). Ethical dilemmas and decisions in criminal justice (11th ed.). Cengage Learning US . https://purdueuniversityglobal.vitalsource.com/books/9780357512951 Pollock's scholarly publication, "Ethical Dilemmas and Decisions in Criminal Justice," delves into many ethical concerns inherent in criminal justice. A comprehensive overview of professionals' ethical challenges in this field is furnished. WISN 12 News. (2007, November 9). Corrections Officer Accused Of Improper Conduct With Inmate [Video]. YouTube. https://www.youtube.com/watch?v=wGrb5XmvGKo The subject of this WISN 12 News video is a corrections officer who is under suspicion for engaging in inappropriate behavior with an inmate. It is a journalistic and visual documentation of such occurrences within the correctional system.

CJ340 Unit 7 Assignment

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