Question

• 300 words each question.
• APA cited

1. Describe and discuss police discretion, and the various control mechanisms available i.e., internal control mechanisms, external control mechanisms, control by the citizens, legislative control, and control by the courts.

2. Discuss the ideologies associated with utilitarianism and deontological ethics concerning human behavior and the ethical or unethical decisions and/or actions of those working in law enforcement.

3. Discuss police officer federal liability concerning a law suit under 42 U.S.C. Section 1983, as the cornerstone of police civil liability at the federal level.

4. Evaluate the impact of the community policing ideology on police community relations building with the community served. In doing so, speak to the five (5) challenges to implementing community policing per the text.

Answer

Contents

Introduction. 2

Question 1. 2

Question 2. 3

Question 3. 4

Question 4. 5

References. 7

Introduction

Question 1

            Police discretion refers to the decision making power that is accorded to a police officer, whereby the officer can decide whether to apprehend a suspected offender through normal legal procedures procedure or let the person go off with a warning. Police discretion is important because officers handle different situations and have to come up with different solutions based on the uniqueness of each situation. Discretion reduces wastage of resources as it prevents some insignificant cases from getting to trial. In addition to this, due to differences in interpretation of laws, some gray areas tend to emerge when an officer is making a decision on the best legal basis on which to apprehend a suspect. Therefore, police officers enjoy some freedom to make choices that can enhance effectiveness and efficiency in their work. However, problems arise in some cases due to vagueness in terms of the approach that should be used to address various crimes.

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Nevertheless, there are different control mechanisms that have been used to regulate of police discretion (Klahm IV & Tillyer, 2010). Police discretion can be influenced by certain variables. These variables act as control measures and they ensure that police go about their activities well and that the rights of individual citizens are protected. Internal control mechanisms, for example, concern the police department itself. This could be done through giving supervision and better training. Updating legislations to limit police actions could be used as an external measure to regulate police discretion. This measure can also act as a legislative control mechanism. Civilian review boards could be used to provide feedback to the police from the citizens (Klahm IV & Tillyer, 2010). These reviews tend to have a significant influence on the actions of the police. Courts could also be used to control police discretion when citizens report officers who abuse their power and the officers are questioned or fined. Although police discretion is needed in the enforcement of laws, it is important for it to be controlled and regulated.

Question 2

            The teleological theory is a consequence-based theory. In this theory, actions are judged on their consequences. Utilitarianism is an example of a theory that is teleological. In utilitarianism, actions are judged to be right depending on the degree that they tend to promote greater good of the largest number of people. The action that maximizes utility is chosen as the best. On the other hand, in deontological ethics, the morality of an action depends on its adherence to the outlined rules or duty. Morality in this case depends on rightness or wrongness of an action and not the consequences.

            In law enforcement, ethics play a large role. The actions of the police sometimes show utilitarianism while at other times, deontological ethics are displayed. For instance, in a case where an officer shoots a criminal who was armed, such an action would be a based on utilitarianism. In the above case, the officer saves the lives of innocent people, and thus it is an action that emphasizes on greater good. On the other hand, an action of an officer can be based on adherence to rules in the case where they arrest a person who is found carrying drugs such as cocaine. In such a case, the decision is influenced by the rules of the police department where drug traffickers are supposed to be arrested. The action is morally right because the officer abides by the rules of the police department despite the fact that he or she can let the person go off with a warning not to engage in drug-related activities in future (Forsythe, 2012).

            The application of utilitarianism as well as deontological ethics is vital in the police department. The officers often find themselves in situations where they have to make quick decisions that affect the lives of other people. In addition to this, it is vital that they also adhere to rules of conduct to ensure they perform effectively.

 Question 3

            Police officers belong to the category of state officers. According to 42 U.S.C. Section 1983, a state officer can be sued if he or she deprives a citizen of rights that are protected under the U.S. constitution or various federal laws even if that officer acted under color of a specific state law (Forsythe, 2012). This means that police officers operating at the state level have a responsibility to ensure that federal laws are protected. The section was introduced to compensate victim of official misconduct that had been sanctioned by state laws but prohibited by federal laws (Forsythe, 2012). Therefore, an individual who claims to have had his or her rights provided for under federal law violated police officers citing state or municipal laws can file a law suit against those officers. The individual only needs to demonstrate the officers cited state or municipal laws as the reason for depriving him or her of rights that are secured under the U.S. Constitution or a federal law.

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            This section acts is important in ensuring that the actions of police officers are monitored. Due to the outline that an officer can be sued, police officer use their authority in the best way possible to prevent occurrence of law suits. In addition to this, the section increased the responsibility of police officers. It hinders them from performing actions that can affect their department as they are liable for their actions. Thus, 42 U.S.C. Section 1983 acts as the cornerstone of police civil liability at the federal level.

            The section has also gone a long way in ensuring that police officers enforce laws in a manner that does not violate the U.S. constitution. As a result, the delivery of justice has been significantly improved. This is the case because the provision requires police officers to not only enforce state laws but also safeguard citizens’ rights as provided for under federal laws and the U.S. constitution. Moreover, Section 1983 provides a framework for the supervision of police officers and the imposition of limits on their discretion, for example through the work of Civilian Review Boards. Through these boards, citizens whose rights have been violated by police officers can get redress. The boards assist citizens to get justice through lawsuits following infliction of an injustice by a police officer. Section 1983 has therefore played a great role in ensuring that the police are liable for their actions at the federal level.

Question 4

            Community policing has various effects on a society and the management of the police department. The process involves establishment and development if community partnerships and engaging in problem solving. However, there are various challenges that are experienced by those involved in the process.

             To begin with, there are frequent problems that arise as a result of insufficient resources. Resources are required for community policing projects to be effective and to be fully implemented. Managerial problems are also being experienced, whereby there is difficulty in controlling police discretion. Wide interpretation of laws and absence of consensus on what is considered to be a crime and what is not greatly influences the implementation of community policing. In addition to this, it is difficult to get the appropriate training for the police officers (Mastrofski, Willis & Kochel, 2007).

            Another challenge which is frequently experienced when establishing community partnerships which are part and parcel of community policing is rivalry and distrust among the different police units. The presence of rivalry and distrust makes it difficult for many positive results to be attained as a result of constant feuds among the units. Elected leaders also make it challenging for the implementation of community policing projects to take place. Acquiring support from this leaders is frequently difficult; there are indeed cases where politicians and their powerbrokers works against the work of the police.

            Community policing is vital in tackling problems in a society. The improvement of a society depends on the unity between the different forces involved in ensuring that citizen’s welfare is protected. Therefore, adequate financing as well as training is required to ensure all the community policing projects succeed. In addition to this, there should be friendship between the different police departments, and the leaders should support the projects with the aim of improving communities.

References

Forsythe, I. (2012). A guide to civil rights liability under 42 U.S.C 1983: An overview of Supreme Court and eleventh circuit precedent. Orlando, FL: Tribune Publishing.

Klahm IV, C. & Tillyer, R. (2010). Understanding police use of force: a review of the evidence. The Southwest Journal of Criminal Justice, 7(2), 214-239.

Mastrofski, S., Willis, J. & Kochel, T. (2007). The challenges of implementing community policing in the United States. Policing: A Journal of Policy & Practice, 10(6), 109-122.