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Key Issues before Correctional Officers Part 1 and 2

Part 1

As the lawyer working for the State Bureau of Prisons, I have been subjected with the responsibility of assessing key problems that surrounds a number of correctional officers and the prison institute and the behavioral conduct of the lawyer responsible for their representation. This group of correctional officers has re-counted a number of assault scenarios by prisoners which has resulted in physical harm. In this context, if the assault assertions are proven as factual then the law generally obligates for two additional years on top of the prison sentence of the inmates in general. So that the actual facts behind the claims can be established discussions and hearings, in regard to the allegations have been conducted. Based on the response from one of the accused inmate besides being indicted misleadingly they were also subjected to interrogations and hearing conducted by the institute’s warden and correctional officers head without any form of justifiable reason. With respect to this case, despite the awareness of the improper practice and the lack of evidence, in my opinion, I highly suspect misconduct and suspects abuse by the institute’s executives and its officers.

This case mainly offers the most feasible sample of ethical dilemmas that are mainly experienced by attorneys in their genuine trials to resolve conflicting matters amid correctional staffs, prison executives, and prisoners. To begin with, one of the leading ethical problems that are central to the case in regard to whether there was any infringement of human rights that occurred against the prisoners, prison executives or wardens. It is worth noting that, human rights infringement in regard to the case of the prisoners might have taken place in an actual sense if the prisoners were involved in the assault and creation of physical harm to the officers while carrying out their responsibilities (Ross, 2016). In an actual sense, one of the primary difficulty of operating as a correctional staff is the consistent exposure to the danger of being attacked, harmed or assaulted by prisoners (Siegel & Worall, 2016). This is mainly based on the fact that to the inmates the officers are their enemies despite having to work for their wellness. it cannot be ignored that being charged falsely or correctly will create some sort of feelings that are not very appealing that might lead to assault which might be either physical or verbal based on its level as well as the ability of the holder to assert control.

The threat that is related to some obvious assault from the prisoners is mainly related to the capability of prisoners to transforming certain things into alternative arms that are utilized in attacking as well as creating harm to the correctional staffs. Some of these issues can best be addressed by ensuring that the inmates are exposed to some counseling programs that not only seek to transform their perceptions by help in creating psychological stability thus reducing verbal assault. This is evident from the scenario as the inmates hold that they were charged the wrong way and exposed to unjustified interrogations which might be influencing their need for revenge. Based on the ethical matters that are featured from the raised claims demonstrates clearly that there is a major violation of the legal code within the setting that needs to be fixed. Based on the provisions of both State and Federal laws in America, inmates are to be bound to be given protection from any sort of provocation or violence ranging from physical and verbal attacks, sexual harassment and so on. It is through such acts that psychological or physical harm is created which are, in turn, a violation of human rights in general (Siegel & Worall, 2016). One of the primary requirement of correctional staffs is ensuring that they accomplish their given roles without any application of unequal or discriminatory act with respect to the law. In that within the diversity that is present in the prison institute the ability to ensure that discrimination is not applied in regard to judging individuals based on race, religion, age and so on is never encouraged. Such measures are mainly objected to creating a comfortable surrounding that is accommodative and inclusive as provided by law.

Such processes are used in regard to guarding the provided human rights as well as other different prisoners’ rights as offered by the legal constituents and code (Kleinig, 2008). When correctional staffs utilize unlawful strategies in regard to treating inmates this implies that their actions are not just an infringement of the prisoner’s human rights but the legal code as well (Kleinig, 2008). In that ethics demands that individuals act in a manner that is not just acceptable but one that follows the general provisions in regard to moral. In that, in the correctional facilities, it is evident that individuals are not only allowed to treat others with respect but also to ensure that their rights are guarded (Ross, 2016). This is by providing them with the right platforms for hearing and allowing them to fully defend themselves in addition to living in a desirable surrounding.

In the attempt to resolving the presented ethical and legal issues from the case, the case will be decided on the ground of abuse suspicions as well as misconduct in reference to the act demonstrated by prison’s executives and its correctional officers. This settlement is grounded on the fact that as an attorney the unlawful practice within the setting is very evident and clear that is mainly facilitated by the prison executives even though there is nothing that can be utilized to prove (Banks, 2012). An additional rationale that best demonstrates and proves the claim of abuse and misbehavior by the correctional institute’s professionals is grounded on the decision to perform interrogations and hearing on the prisoners without the engagement of an attorney as set by the law. This implies that their charging and conviction was illegal on the ground that they might have been subjected to intimidation that hindered their general ability of fully defending themselves. In addition, they were denied the platform that was necessary to set a feasible case through their attorney. In this context, if the prisoners actually subjected attacks to the correctional staffs thus causing them physical harm. The prison management responsible to controlling activities and ensuring operational effectiveness should have utilized the needed measures as offered by the law to ensure that justice prevailed rather than allowing the charges to be grounded on the interrogations that were performed by the officers without the presence of the attorney (Banks, 2012). This means that some standards of reporting and interrogations might have been violated leading to the incorrect charge (Stojkovic, Kalinich & Klofas, 2014).

Based on the American constitutional provision as illustrated by the 14th, 8th and 5th amendments inmates are fully guarded against attacks or exposure to dehumanizing prison state such as the lack of food, medical provisions, abuse and misbehavior by officers (Pollock, 2016). This, therefore, demonstrates that the misconduct that is demonstrated by the prison’s administration, officers and wardens is a factual infringement of individual’s privileges. In this case, it is evident that determining or solving the issues will mainly necessitate adequate and undeniable proof in regard to the manner in which the rights of the prisoners based on the provisions of the amendment have been infringed.  It is worth noting that this resolution procedure necessitates full comprehension of the constitutional privileges along with their applications in general with reference to the prisoners irrespective of the rationale behind the incarceration. In that, the rights are never dependent on the crime committed but they are mainly evident to every individual and should not be abandoned for any given rationale. After the infringement of rights has been proven fully it will be possible to raise a claim with respect to the law both for the state and federal laws on the matter (Stojkovic, Kalinich & Klofas, 2014). In quintessence, this will result to me filing a civil lawsuit in contradiction of the prison’s administration and its correctional staffs based on their misconduct and the fact that they failed to adhere to the constitution while carrying out their roles. The general lawsuit claim is attributed by the fact it is only the responsibility of the federal or state administration is raising any sort of charges against an individual as offered by the criminal law and thus this is not the obligation of the officers. In other words, their actions were overboard on the ground that they acted on roles that are not within their jurisdictions leading to the violation of the prisoners’ rights.

Correctional Officer Misconduct Memo

Different measures and approaches that attorneys should utilize are offered both by the state and federal laws in the instance that correctional staffs and prison’s administrators are found mortified of assault or misbehavior in regard to handling inmates (Prenzler, 2009). On the grounds of research and the facts that are provided from the scenario if it is true that the correctional officers along with the wardens were guilty of certain indiscipline as well as misbehavior in their working roles as the attorney the most probable move is to visit the State Bureau of corrections of the warden’s related supervisors and authority. Based on the necessities that are grounded on the Employee Professionalism, and ethical conduct officers working in the criminal justice system are at all times needed to make reporting to their respective authorities with respect to their duties which is to be conducted during the hours that are not directed on working (Arizona, 2015). Given that the scenario mainly incorporates undesirable application of law both by the correctional majors and respective wardens interacting with the officer’s supervisors or the warden’s authority in addition to the Corrections State Bureau is to be performed through an informative report. In this context, the executives are anticipated to make immediate notification to the highest commander in regard to the activities of the subordinates which are not in accordance with the law. The statement is to be trailed by an informative report which is aimed at providing detailed reports in regard to the employee’s activities and the manner in which law was applied (Pollock, 2016). The settlement to visit the warden’s supervisors of the state Bureau is grounded on the notion that the activities which are unethical are associated with operations that are ongoing in the facility. In this regard, it implies that the matter will not be notified to the suitable law enforcer’s agencies given that their roles are not grounded in dealing with departmental staffs.

It is after acquiring the necessary reports in regard to these misbehaviors that the Administrative Investigation Unit (AIU) is needed to acquire the reports and commence the investigation procedures (Prenzler, 2009). Based on the fact that the investigative procedures are to be grounded on the reports acquired from the investigation and staffs Discipline units this will mainly be stirred in the directions of establishing the most suitable standards in regard to handling indiscipline’s as well as misbehaviors with wardens as well as correctional staffs. The established measures are to be applied based on the legal ethical codes that play part in governing conducts as well as operations within the administrators and the respective officers. Besides having to depend on the investigative procedures, prisoners as victims of the illegal treatment by the staffs will acquire legal based remedies (Pollock, 2016). In that, the foremost therapy that is available to such a populace is the utilization of the grievance program that is offered by the institution in order to raise their complaints while seeking that those that are responsible are punished adequately. This also seeks to provide an inclusive surrounding that is free from misconduct and prejudice. In addition, the prisoners can also file lawsuits on the grounds that their rights as offered by the constitution were infringed by the institute’s staffs and its management. This can mainly be grounded in the incorrect charge and being denied the opportunity to defend themselves fully under their attorneys. Lastly the prisoners, the prisoners can file a tort allegation in contradiction of the activities by the wardens and officers (Prenzler, 2009). It is worth noting that the remedies are only viable and feasible if the prisoners were established to be assault victims by the institution’s officers.

Part 2

The reserved lawyer to assist the correctional staffs in regard to the conducted misconduct in relation to their correctional roles has been accused of disrespectful and inappropriate remarks in regard to me as the attorney and my team. The lawyer made accusations in regard to my team of not just parodying the case but also interfering with case files. The attorney has been accounted as incompetent based on his drinking problem and past complaints in relation to his demeanor and undesirable behavior that he even has the propensity of discounting proper files documentation. These actions are not only unacceptable but very unethical in general (Podgers, 2012). In that, all the claims are made based on assumptions and recklessness rather than following the governing codes in general. The case facts are not only obvious but they are accurate and my team and I worked tirelessly to establish the existing dilemma and the manner in which each one of them is to be resolved without affecting the outcome or violating the rights of all those that are involved. The team did not, therefore, interfere with files but mainly worked on the basis of the provided facts.

There are a number of ethical as well as moral issues that are at stake based on the actions of my colleague. To begin with, it is evident that the attorney has the tendency of applying wrong judgment on others without the engagement of facts. In addition, the fact that the attorney has a drinking problem best illustrate that he is not in the right mind of making judgments in general in regard to the case. In that clients should always be represented by attorneys in their right senses not only to make decisions but also to ensure that they have the ability to make the most suitable choices based on the provided facts (Podgers, 2012). Based on attorney’s Conduct Professionalism when handling such cases is usually ruled by the approach of professional behaviors which offers immediate foundation for some important ethical guidelines in the context of attorneys in every state in America (Arizona, 2015). It is therefore unprofessional or a misconduct for an attorney that violates the provisions of such measures. In addition, it is unethical professionally for an attorney of any given case to get engaged in unethical activities on the basis of practical rules and provisions (Arizona, 2015). Based on the facts from the case, it is evident that my colleague as an attorney has been engaged in uncivilized misbehavior by infringing the provisions and rules that relate to professional acting to the state that his reliability, competence, and factuality in conducting his responsibilities are being doubted by those in the same department and field. It is the same misbehavior by the lawyer that has mainly played part in making the unsuitable, disparaging and disrespectful commentaries in regard to my work and that of my team without any probable reason or evidence.

One of the prime infringement in regard to the professional conduct standards that are demonstrated by the attorney is mainly grounded in his usual behavior that involves ignoring to adhere to the preparation of the proper document for legal cases. It is obvious that legal cases are mainly ruled by facts and procedures (Prenzler, 2009). In this context, the involved legal teams should at all times play part in proper files preparations that help in setting grounds for proper cases in general. The behavior of the lawyer best asserts that he does not only operate unethically and also has the vulnerability of misrepresentation of facts during cases while tampering with documents based on the lack of a well-developed outline. In addition, his drinking issue and careless behavior demonstrate his general incapability of offering adequate time and proper grounds to a case as he does not work based on rationality.

In summing up, based on the misbehavior of the attorney and the inability to differentiate assumptions from fact and his inability to fully prepare the needed files for the case I would recommend that the lawyer should not be retained. In that, a more suitable attorney based on merits and competence should be selected for the case in order to establish the conflicting facts in regard to the case and how best each of them is to be resolved. In this context, the attorney’s license should be revoked for a limited time to enable him to charge and to engage in continuous training and counseling to understand ethical provisions and requirements in regard to legal cases. This will work to ensure that reform is attained while preserving the reputation of others which he works to destroy (Prenzler, 2009).

 

 

 

 

 

 

 

 

 

 

 

References

 

Arizona, Government. (2015). Employee Professionalism, Ethics and Conduct. Retrieved from https://corrections.az.gov/sites/default/files/policies/500/0501-effective_091517.pdf

Banks, C. (2012). Criminal Justice Ethics: Theory and Practice. Sage Publication.

Jocelyn M. Pollock. (2016). Ethical Dilemmas and Decisions in Criminal Justice. Cengage Learning.

Kleinig, J. (2008). Ethics and Criminal Justice: An Introduction. Cambridge University Press.

Larry J. Siegel & John L. Worall. (2016). Introduction to Criminal Justice. Cengage Learning.

Podgers, J. (2012). A New Look: ABA Plans First Comprehensive Review of Disciplinary Enforcement Rules in 20 Years. ABA Journal. Retrieved from http://www.abajournal.com/magazine/article/a_new_look_aba_plans_first_comprehensive_review_of_disciplinary_enforcement/

Prenzler, T. (2009). Ethics and accountability in criminal justice: Towards a universal standard. Bowen Hills, Qld: Australian Academic Press.

Ross, J. I. (2016). Key issues in corrections. Bristol: Ill.

Stojkovic, S., Kalinich, D. B., & Klofas, J. (2014). Criminal justice organizations: Administration and management. Cengage Learning.

 

 

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                                           Police Brutality; Cases and Preventive Measures 

Author’s Note

          This work explores a problem that has become prevalent in the larger criminal justice system. Police brutality is a challenge in the society, and my university is committed to finding measures through which it (police brutality) can be addressed.  Even though police offers maintain public order, they pose a great problem to the society by abusing the human rights (Fallacy).  If the government and the public will not implement effective measures in curbing police brutality, the vulnerable group especially the poor and minority will never enjoy their human rights (Pathos).  Any issues pertaining to this work should be addressed through this correspondent.

Introduction

The role of police officers is to investigate criminal activities but the public is finding measures to stop police officers’ criminal activities such as murder, rape and more (situational irony).  Police officers are essential players in a peaceful and a cohesive society. Their contribution to cohesion and calmness among society members is equally significant as saving the society against lawlessness. They (police officer) go to the extent of absorbing any potential violence arising amidst society members. However, they at times experience social objection and unpopularity. This public dislike the police is linked to the most people's feeling that police officers are brutal (fallacy). That leads to stereotyping of police officers as unfriendly and to some extent as law-breakers.  Do you know that police brutality violate the U.S obligation on right to life?  (Ethos) Police are expected to consider the international law and the ‘American Declaration’ which described the international human rights. This society's opinion is confirmed by various incidences of police brutalities as illustrated throughout this paper.

Historical Background 

           First, police brutality is any extreme social violence caused by police officers (Stetser 10). It is spread widely and demonstrated in several forms. In some countries, police brutality is prosecuted but in very considered conditions that sees some of the policemen getting away with murder. That motivates police brutality to flourish in the name of ‘a legal right,' or behind the color of law (logos). That leaves every society convinced that every police is an oppressor. Also, this oppression is perceived as being exercised only to the vulnerable groups such as poor, disabled, and the minority (Stetser 16).  Rather than feeling secured, people always ask ‘do police offers really do what they are entitled to do?  Do they really adhere to ethical standards? (Ethos).

          In American society, police brutality was first reported as early as the 1870s (Johnson 1). In most cases, various undue brutalities from the police would be experienced during national strikes. That is where police would walk around with a nightstick in the name of ‘calming situations.' The known cases of strikes against police officers' brutality include, ‘the 1914 Ludlow massacre; Lawrence the 1912 textile strike; and the great railroad strike of 1877 (Johnson 1). In each case, the public would be left convinced that police were not only brutal but also troublesome.

Cases of Police Brutality 

The prevailing police brutalities in the modern society are discussed below; 

  1. Excessive use of force

This term represents a more than the necessary force needed to arrest unarmed civilian. According to Owens and Jeffrey (124), police officers are allowed to use just-enough physical force when arresting an individual.  Police officers are influenced by social dynamics which compels them to use coercive action against the vulnerable groups such as ethnic minorities.  In addition, they are influenced by psychological factors such as personality traits which allow them to act different to certain situations (fallacy). Police brutality is a traditional phenomenon which is rooted forms the subculture of policing (fallacy). This means that officers adheres to their traditional norms and apply them in maintaining order (Owens & Jeffrey, 138). Any excessive power, in that case, is a brutality. On the same note, excessive use of power may also include improper use of firearms. That's where a police uses tasers and tear gas to disburse a peaceful demonstration, which is highly discouraged by law. Such use of unnecessary force is unfair as it can easily harm an individual in the course. For instance, baton beatings can easily lead to spinal cord beatings.

  1. Wrongful imprisonment/ false arrest

This is where an officer takes a person into custody without either an arrest warrant or order from the court (Jefferis, Fredrick, and Dena 85). The United States' federal constitution articulates the conditions under which a person should be lawfully arrested. A person can refuse an arrest if the police officer doesn't seem to follow the set procedures. Besides, one can lawfully dispute his/her arrest if s/he is not taken to court in a reasonable time (fallacy). In some cases, one can file a case in the court of law after realizing that s/he arrested unlawfully (Jefferis, Fredrick & Dena 85).  That's because of the severe health effects of such misconducts, such as stress and mental depression.

  1. Wrong search/seizure

This is where one's property is claimed without a right legal justification (Jefferis, Fredrick & Dena 86). That is, legal agencies or officer fails to present an order from a judge when searching into one's house. A search warrant is necessary to ascertain not only the legitimacy of the searching officer but also the motivation of the exercise. However, the law allows an officer to search without an order if the victim had been earlier convicted of a crime (Jefferis, Fredrick & Dena 86). In case of an individual who had earlier been arrested lawfully, the police don't need either a person or owner's consent when conducting a search.

  1. Sexual harassment and abuse

This is the worst form of police brutality. It is considered inhuman and punishable by either an officer losing his/her license of some badges. Sexual harassment occurs mostly when a person is placed in custody. It can also be carried along by a female officer, who acts like a sexual predator to male in custody (Jefferis, Fredrick & Dena 86). Prevailing incidences involved in this may include child pornography, consensual, on-duty intercourse, and voyeurism. Sexual harassment is a great problem and this is the high time to implement measures and eliminate this kind of police misconduct (fallacy). An officer practicing any of the above misconduct stands a chance of serving a jail term (Jefferis, Fredrick & Dena 86).

Preventive Measures

        A solution to the police brutality embraced in today’s society is resisting unreasonable police conduct that appears as brutality. That may be an act compromises not only one’s physical security but also the right to live (Owens, Katherine & Jeffrey). These acts may involve extrajudicial killings; inhuman treatments; as well as human torture. Also, an unlawful arrest is considered as a police brutality. However, the law encourages conceding unlawful arrest as the due process will finally be sorted in the court of law (fallacy). 

         A mistake of society related to brutalities is lack of understanding of the reasons behind the seemingly unaccepted police behaviors. A definite cause of the various brutalities happening hasn't been adequately ascertained. That is a social responsibility of the police agencies in collaboration with the society. To address that, there is a need for dialogues between the police and the public (Owens, Katherine & Jeffrey).  An open public forum where individuals share from both side (public and police) will help to ascertain the prevailing problem of brutality.

          Besides that is the public responsibility for any misconduct of the police officer. Every society member is obliged to report any unfair treatment in the name of ‘keeping the law. A society embracing such a culture will see a reduction in cases of police misconducts as police will fear being held liable of misconducts (Owens, Katherine & Jeffrey). Unfortunately, the effectiveness of this solution is discouraged by people's greed and materialism. Thus, dealing with the spirit of greed will improve individuals’ integrity to report any police brutality. 

             In conclusion, police brutality is a reality in the contemporary American society.  It involves excessive use of force by police officers when dealing with civilians. Any use of excessive power while arresting an individual is taken as a brutality. These brutalities, especially sexual harassment are more with blacks and mostly reported in Negros societies. To note, this report addressed police misconduct prevailing among Americans. The societies targeted in this study include those of black people. Luckily, these cases of police brutalities are rare in Asian communities. Thus, the proposal is not much beneficial as it addresses a problem am not a victim. Unless these problems are addressed, the vulnerable groups will continue to suffer from psychological disorders which will increase suicidal tendencies (fallacy).  Thus, the victims should report the case and the perpetrator   should be held accountable. The government should create laws and policies which govern the police offences’ conducts.

 

 

 

 

 

 

 

 

                                                                   Works Cited

Jefferis, Eric, Fredrick Butcher, and Dena Hanley. "Measuring perceptions of police use of force." Police Practice and Research: An International Journal 12.1 (2011): 81-96.

Johnson, Marilynn S. Street justice: A history of police violence in New York City. Beacon Press, 2004.

Owens, Katherine, and Jeffrey Pfeifer. "Police leadership and ethics: Training and policy recommendations." Canadian Journal of Police and Security Services 1.2 (2003): 124.

Stetser, Merle. The use of force in police control of violence: Incidents resulting in assaults on officers. New York: LFB Scholarly, 2001.

 

 

 

 

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Analysis Using Legal and Social Implications

Question 1

While divorce today does not have the same level of stigma that is linked to it as before, the subject remains to be a sensitive one particularly amongst women in America. Thousands of women opt for divorce every day in American and abroad as the society in a state of major social transformations (Emery, 2013). The number of those opting for divorce in the contemporary society is increasing at an unparalleled level. Divorce currently holds different ways pervading several aspects of a woman’s life ranging from psychological, legal, financial and social. A woman’s rights to requesting a divorce are legally grounded equally to the rights held by a man. It would be grounded as unjust if the law permitted the right only to the husbands. However, even though such achievements have been acquired it remains evident that females are still ragged behind as they face rather more severe challenges seeking a divorce. Some of the issues that are faced by women seeking for divorce include social alienation, the need to prove the rationale behind the move and the complex legal processes that are demanding (Emery, 2013). Women in most cases are considered to be inferior to men with less financial capability to take care of their children after divorce.

The lack of adequate information is an additional issue that women face. Divorce is a growing complicated procedure and its complication is compounded mainly by differing laws that seek to regulate of divorce and separation in all states in the United States (Emery, 2013). Even prior to the legal challenges take over women mainly make a number of financial mistakes which is mainly come from the lack of adequate and accurate information. In that such challenges are usually easy to overcome with guidance in place (Emery, 2013). Most representatives are unwilling to defend women during such trials on the ground that they are likely to lose the case or that they are not finically stable to fund the whole process given that the court is responsible for determining their financial or property life in general. In addition, women are subjected to stress based on the uncertainty that regards the long run life. In that most fear that their children will be subjected to challenges such as the lack of proper education in instances where the husband is the primary family provider (Emery, 2013). More so, equal property and finances sharing is still a thing that the law is currently to resolve. 

Question 2

In deciding on the person that is to take the custody of a child, the responsible court is bound to take a number of forces into considerations but the primary consideration lies on the best interest of the child (Kumagai, 2014). However, given that in this case the parents are characterized by a stability with no issues it is hard to determine. Given that the child is a newborn the primary reason that would be raised in support of the other to take the child’s custody is the fact that she is the primary caretaker. In this context, the child in question is not old enough to offer their favored choice to the court on who to take them in. As a newborn their importance of the child building a strong bond with the primary caretaker as the mother is crucial. In that, this is not just an emotional connection but the healthy choice. This is crucial for the child to successfully pass through the development stages which in turn leads to their psychological stability. In this context, the court should mainly focus on caretaking responsibilities which include breastfeeding, dressing, health-related planning, social skills exposure and relations in general. In addition, since the mother is good at raising children this, therefore, means that the father should not take the child as this will be denying him to create a stronger bond (Kumagai, 2014).

On the other hand, since the father is the primary provider of the family he can argue that he is more suitable to taking custody of the child since he has the ability to provide the child will all the needed financial and emotional needs (Kumagai, 2014). In this context, this means that the father is responsible and capable of raising the child. In addition based on his stability he is more likely to expose the child to a more favorable as he can even teach him math-related skills and offer him the best social exposure because he will act as a father figure to the child who is likely to teach the child the best way to relate with the outside world. However, in both instances, the court will mainly make the decisions based on the person that has the highest capability of taking care of the child in a manner that will lead to his wellness in general (Kumagai, 2014). In other words, the mother is the one that is at the best situation to raise the child who is a newborn and requires motherly care.

Question 3

Child Support Law in the United States, notes that after married women become separated or divorce or in instances when one of the child’s parent has custody of the child the court is likely to demand that the other parent provides a certain amount in support of the child. This law can be restructured to assert that the payment should only be made by the father in instances that the mother has custody (Smith, 2008). In that, as the family provider, he should be required to continue taking care of the child even after separation. On the other hand, if the mother is in a good state the custody should never be denied to her based on the need to create psychological bonds with the child at ease. In addition, the child visitation should not be limited to a given level because the separation and the upbringing of the child are two separate subjects and should not, therefore, interfere with the need to create bonds with one’s child (Smith, 2008).

The legal plan of ensuring that payments for child’s support are adequately given would include direct salary deduction monthly to support the child. In that, the matter is a sensitive one and most parents are not willing to offer financial support to a child who is not living with them based on the belief that it is their partner that is benefiting (Smith, 2008). Setting a compulsory system that seeks to ensure that those required to pay the set amount never escape the responsibility will low the number of cases in the family courts of those that have proved to be highly difficult in accepting such payments. In addition, all the job seekers should be required to offer report on their custodial status if any. This is to enable the employers to connect with the child support department in ensuring that the payments are made. Further, in covering past allotments that have been missed this the system that involves direct salaries deduction is an effective one that will pay the debs and offer support to the child without fail which might affect individuals living in a way or another (Smith, 2008). This plan is not only effective in lowering the number of deadbeat’s dads but it will also seek to ensure that the wellness of the affected children is emphasized. In that regardless of the situation, their wellbeing should always come first (Smith, 2008).

Question 4

Single-parent parents can best be described as those parents who live with their children dependently either on their own or in an extensive household but without the support of their spouses. The general rate of single parents has raised rather drastically in the recent years which can be accounted for modernism and social changes (Kumagai, 2014). Amid four parent one is a single parent which shows the sensitivity of the matter in the United States. The policy that I would recommend in order to minimize the stress and trauma that is experienced by single parents in raising their children would be to offer them certain compensations. This can include raising their salary but at least 10 percent (Basch, 2001). In that their needs are quite high which means that in general, they need more efforts to be able to raise their families and create stability for every individual. In this context raising their wages would help in lightening their financial stress and support the needs of their children partially. In addition, this policy should seek to ensure the payments of the allotment is made compulsory which will help in maintaining families in healthy conditions. In addition, supporting children financially is all about commitment and thus this can best be asserted by setting compulsory terms to ensure that the lives of children at stake are not affected negatively (Kumagai, 2014).

In today’s society, I do believe that marriage should be rewarded adequately to motivate them to maintain and inspire others to maintain. In that, the challenges that are involved revolves around financial provisions in general (Statsky, 2004). In this context since their main issues revolve around finances, certain policies can be set to ease their burdens in general and promote wellness. In other words, religious and societal repercussion in regard to marriage have become outdated because they are not relevant and are not accounted as essential (Statsky, 2004). In that since religious implications assert that marriage is holy and should not be broken at any given moment. In that the social norms that were previously being utilized to guide marriages and to restore relationships. Currently, there is no stigma or worry of being divorced as the act has become a normal one in general since every individual is entitled to autonomy and thus there is a need create uniformity and assert on the essentials of social and religious implication (Statsky, 2004).

 

 

References

Basch, N. (2001). Framing American divorce: From the revolutionary generation to the Victorians. Berkeley, Calif: University of California Press.

Emery, R. E. (2013). Cultural sociology of divorce: An encyclopedia. Thousand Oaks, Calif: SAGE Reference.

Kumagai, F. (2014). Family issues on marriage, divorce, and older adults in Japan: With special attention to regional variations.

Smith, B. G. (2008). The Oxford encyclopedia of women in world history. Oxford [England: Oxford University Press.

Statsky, W. P. (2004). Family law: The essentials. Clifton Park, NY: Thomas/Delmar Learning.

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Prison Concerns

All federal inmates who owe penalties and compensation are all required to play part in IFRP (FBP, N.D). The program is mainly accounted to be fully voluntary, but prisoners can be forced to contribute if they are unwilling to make all the monetary payments. These practices might differ from a state to another the principles and practices are similar since those that owe funds will have to sign an agreement with the set team and specify the amount that will be collected every month or on a quarterly basis (FBP, N.D). This program, in my opinion, does help in compensating the victims but it does not make them whole since they can never recover their prior positions before the incidence through financial compensation. Most of them are affected psychologically and they, therefore, need more time to recover than the compensation would offer.

The two major improvements that would be essential in dealing with the issue is drug trafficking in prisons is to employed experts and also the use of scanning machines at all levels of the prisoners. These machines will be able to detect any drugs passage by scanning the surrounding and those that are accessing every unit. This cannot, however, be achieved if those employed to ensure that there is adequate security are not well experienced and exposed. In other words, the hiring process should be enhanced to ensure that it settles for the best staffs who will not by any given chance be conceded while performing their roles since corruption is ruining the system (Browne, 2017). In the recent two men from Quebec prison were accused of offenses related to coordinating drugs shipments amid American and china’s prisons (Browne, 2017). On the other hand in Maryland prison case demonstrates how corruption in the correction system has facilitated the general growth of drug trafficking in prisons (Simpson, 2016).

 

References

Browne, R. (2017). Trafficking behind bars. Retrieved from https://news.vice.com/story/inmates-accused-of-running-international-fentanyl-trafficking-ring-from-a-quebec-prison

FBP. (n.d). Resources For Victims & Witnesses. Retrieved from https://www.bop.gov/resources/victim_resources.jsp

Simpson, I. (2016). Massive Maryland prison corruption case highlights national issue. Retrieved from https://www.reuters.com/article/us-maryland-prison/massive-maryland-prison-corruption-case-highlights-national-issue-idUSKCN1280HJ

 

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Prisoners’ Rights

In satisfying the requirements of this report the U.S constitution and Federal Statutes have been selected as the primary prisoners’ privileges sources (Hudson & Dawsonera, 2007). The state and federal policies are involved in the regulation and management of prisons which incorporates the rights held by the inmates. Despite the fact that inmates are not entitled to comprehensive rights based on the American constitution they are however they are guarded by the 8th Amendment that protects then against any inhumane and harsh penalties (Hudson & Dawsonera, 2007). This law also necessitate that all inmates are at least offered a standard living state. In addition, they are also guarded against any form of discernment on the basis of religion, gender or race (Hudson & Dawsonera, 2007). From the federal and constitutional laws the inmates also have certain privileges such as that related to speech as well as religious choice but this privileges do not however alter their status as inmates.

Special populace prisons are comprised of inmates with certain issues or needs which might be physical or health-based (Siegel, 2017). The aging inmates is one of the special groups in the correctional facilities. State as well as federal administrations normally certain a certain portion of taxes in offering medical care to this population. This initiative is required based on the increasing health needs among aging persons and particularly those in the correctional settings. In my opinion the funds that are set aside by the administrations are justified since these people require medical attention. This special group normally necessitate health attention and thus it is only ethical to offer them the support that they need (Siegel, 2017). For instance this group might fall into depression if their needs are not accommodated.

 

References

Siegel, L. J. (2017). Corrections today. Place of publication not identified: Cengage Learning.

Hudson, D. L., & Dawsonera. (2007). Prisoners' rights. New York: Chelsea House.

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The World of Correctional Staff versus Inmate

The correctional agency has the obligation of offering an opportunity to all the prisoners to increase positive lives while under incarceration while gaining personal as well as practical working skills to exist a desirable life after leaving prison (Pates & Riley, 2012). However, this goal is rarely achieved as most of the correctional staffs tend to focus more on penalties rather than change and development. It is the environment that the staff’s client that determines what the inmates become after being released. In order for the staffs to promote positive life, personal change, and practical skills I would recommend that they focus on rewarding those that strive to change in order to encourage others to strive higher. In addition, they should incorporate coaching and mentorship with rewards so that the inmates can be motivated to change and adopt positive living styles that will, in turn, discourage criminality. This action is effective as coaching seeks to change their mindset and develop a more positive approach towards matters (Pates & Riley, 2012). This can be essential in creating sense and permitting them to choose and those that strive more can be rewarded.

The number of male inmates is very high as compared to that of females with a representation of 93.2 percent and 6.8 percent respectively (FBP, n.d). Male are mainly sentenced for crimes related to drug, robbery and sex offenses. This is some of the crimes that are considered to be particularly aggressive and are associated with the highest sentencing period. On the other hand, women are mainly sentenced for offenses related to miscellaneous, domestic violence, drug. These crimes are less violent and are associated with less severe sentencing. In my opinion, one’s gender influences the particular crime that they commit (FBP, n.d).

 

References

Pates, R., & Riley, D. (2012). Harm Reduction in Substance Use and High-Risk Behaviour. New York, NY: John Wiley & Sons.

FBP. (n.d). Federal Bureau of Prisons. Inmates Gender. Retrieved from https://www.bop.gov/about/statistics/statistics_inmate_gender.jsp

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Recruiting and Retaining Police Officers

Question 1

Most agencies have reported the absence of qualified police candidates which is resulting in operational issues. The staffing issues within the agencies are mainly resulted by the unexpected openings (NIJ, 2004). There are several major sources for this trend. To begin with having an authoritative economy has pushed most of the qualified persons and those with high law enforcement knowledge to other sectors associated with high payment (NIJ, 2004). Secondly, the increasing educational needs for all the police candidates, especially for the bigger institutions, might have discouraged those willing. In addition, the potential candidates might be facing distinct attention and admiration in different sectors with more opening as the baby boomers are withdrawing from the economic sector. More so, the existing undesirable publicity based on ethnic profiling and the extreme force routine have largely most individuals from being associated with policing (NIJ, 2004). 

Police training is currently taking more time to ensure that the officers acquire the needed skills. This trend is justified by the fact that criminality conducts have evolved and today’s public policing necessitates learning diverse skills like organized problem solving which were not included in the conventional policing learning and they need even more time (NIJ, 2004). It is reported that about three-quarter of the trainees acquire success throughout training and those that fail are weak in the academic training rather than the physical one. In this context, it is apparent that the vacancies can be filled by the populace that fails by exempting them based on the aspect of knowledge and experience in related fields rather than getting rid of the candidates with the potential to keep the agencies running (NIJ, 2004). Both the big and that small agency are experiencing consistent challenges in their attempt to retain officers. The vacancies gaps are mainly fueled more by retirees and the withdrawal of the participants within 5 or fewer years of operation to other more productive and for increased monetary value (NIJ, 2004). The selection of these candidates is therefore based on their academic, field, experience as well as knowledge performance in general.

I would recommend that in improving the selection, recruitment, and retention of the competent officers there are several approaches that can be applied. In that, it is appropriate to select the officers on the grounds of academic performance but this aspect can be lowered to incorporate those that have adequate exposure, experience, and field training success into the agencies (Messinger, Becker & Simon, 2016). In that the academic qualifications to attract more of the applicants whose education is not particularly high but is essential in public policing. In addition, based on the current economic development there is a need to rise payments and welfare benefits for the officers to discourage them from moving into other well-paying sectors. Payment is not only essential in motivating individuals but it can also create job satisfaction which can, in turn, hinder withdrawal (Messinger, Becker & Simon, 2016). In addition, it is essential to recruit the candidates that possess appropriate community policing features. In that, the recruitment should not be based on academic and physical skills but also the capability of the officers to relate with others. On the other hand, consistent job roles changes can be useful in enhancing the general gratification of the officers by focusing on their personal growth and independence (Messinger, Becker & Simon, 2016). More so, career development programs can be utilized to change the perceptions of the officers and equip them with the necessary skills and knowledge for operation (Messinger, Becker & Simon, 2016).

Question 2

It is apparent that the article addressed directly to police officers but the same guidelines can be utilized in other criminal justice agencies like the prison but in a slightly different manner. In that, the employment strategy for prison personnel should evaluate on both academic and cognitive strategies rather than focusing more on-field performance (Messinger, Becker & Simon, 2016). Higher academic qualifications are required for criminal personnel in regard to solving existing issues. However, the recruitment approach for a prison officer should mainly concentrate on one’s individuality. The strategy should focus on high training and development to enhance the individual’s skills of solving issues and relating well with others. Prisons are where criminals are placed after sentences and thus there is a need to employ an innovative individual who can focus on the needs of the prisoners and the staffs by implementing efficient and cost-effective measures (Messinger, Becker & Simon, 2016). In other words unlike for police officers who deal with criminals in general prison officers are supposed to have higher academic qualification because they deal with a different segment that is made of criminals.

Question 3

The 21st century is characterized by consistent changes in every aspect of life which has been fueled by knowledge increment and the development of the internet. Criminal operations have not been excluded from this changes given that the use of technology and internet research has created more equipped criminals. It is apparent that so much change has been experienced since the year 2004 up to now which accounts for about 13 years. The general concepts in regard to the selection, recruitment as well retaining of police officers, in general, are still applicable several aspects have been modified (Hess, Orthmann, LaDue & Bennett, 2012). In that previously, the academic requirement only required college training. Currently, the higher standards of recruiting officers necessitate college degrees (Hess, Orthmann, LaDue & Bennett, 2012). This is a necessity based on the modern needs for technology policing and mitigating the complexity of the law.

In this context, the absence of knowledge of experience in the field related to law enforcement has changed since high levels are required to handle the complexity (NIJ, 2004). There are several developments that have risen since that period that might alter the recruitment approach such as technology, the need to change the perception of the public and law complexity which requires every individual to be protected regardless of their ethnic or socio-economic background. In this case, the recruitment approach should incorporate social characteristics, psychological as well as academic ones in addition to the capacity to use technology in operations. Technology is an essential aspect in the society today and the qualified persons should own adequate knowledge in regard to its use in solving issues (NIJ, 2004).

Lifestyle changes have created more complexity with the legal complexity that gives individuals the power to guard their privileges thus requiring individuals with research potential. There are traits that are not discussed in the article which I personally believed is desirable for new recruits which are social and leadership trait. In that, every recruit should demonstrate a high capability of relating with others and building a strong relationship. This, therefore, shows that better relationships can be built with the large public leading to more positive connections and negative attitudes changes (Hess, Orthmann, LaDue & Bennett, 2012). On the other hand, leadership traits are essential in guiding self and others and ensuring that activities run effectively within teams. This is because public policing is about teams that help in coordinating activities and working towards the success of the organization (Hess, Orthmann, LaDue & Bennett, 2012).

Question 4

The police captain as a leader has a significant role in regard to motivation to play. In that, the officer is responsible for creating the organization within the existing groups by assigning duties clearly and precisely in order to eliminate any kind of confusion (Gaines& Worrall, 2012). In this context, the officers are highly motivated because they are aware of the roles they are to serve. In addition, the captain should be able to identify any existing concerns among the officers and work to fulfilling it. They are also responsible for creating clear communication lines and encouraging teamwork (Gaines& Worrall, 2012). Employees normally work best when they know that their issues have been solved adequately and it is the responsibility of the captain to consistently inspire then to operate well. Stress in most cases leads to low job satisfaction and high turnover which is expensive and affect performance undesirably (Gaines& Worrall, 2012).

There are several ways through which police captains or other leaders can retain good officers such as training, fairness, communication, and recognition (Gaines& Worrall, 2012). In that, officers will be motivated to operate in an agency where there is consistent and inclusive communication which allows them to listen and respond. In addition, practicing fairness result in job satisfaction because every officer feels needed in the organization. Ethics and good performances should also be recognized and rewarded to inspire others to work consistently to achieve similar heights while training is essential in growing knowledge and enhancing the skills required in performing everyday duties (Gaines& Worrall, 2012).

 

 

 

References

Gaines, L. K., & Worrall, J. L. (2012). Police administration. Clifton Park, NY: Delmar/Cengage.

Hess, K. M., Orthmann, C. M. H., LaDue, S. E., & Bennett, W. W. (2012). Management and supervision in law enforcement. Clifton Park, NY: Delmar/Cengage Learning.

Messinger, S. L., Becker, H. S., & Simon, J. (2016). Strategies of control. Quid Pro Books.

NIJ. (2004). Hiring and Keeping Police Officers. U.S. Department of Justice Office of Justice Programs National Institute of Justice. Pp. 1-14.

 

 

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Policy Controversies

 Body Cameras: All deputies are required to wear body cameras while on duty for the following reasons:

  • To promote accountability- body camera allows agencies to take a video and this indicates that they report compelling evidence while adhering to professionalism, ethics and problem solving skills. When using camera, agencies strives to show the best behaviors. In addition, agencies show interpersonal reactions and strive to promote public trust. Discipline and corrective actions are they key elements and they are influenced by adhering to rules and regulations (Miller et al, 2014).
  • Reducing complaints and officer-involved incident- through a comprehensive research, it is found that when officers use body camera, cases where officers use force are not reported. This means that officers behave better while using body camera. In addition, they use civil interactions which reduce citizens’ complaints. Citizens avoid unfounded complaints and this saves time and money which could be wasted for further investigations (Miller et al, 2014).
  • Improve performance-body camera offers scenario-based training which allows agencies to use legitimacy and procedural justice. With Body camera, law enforcement agencies are able to identify officers ‘misconduct.
  • Evidence documentation- officers ensure evidence collection and reliable evidence in domestic investigation.

 

Gratuities: Deputies should not be allowed to accept gratuities while on duty. This is because:

  • The act is unethical conduct since officers will be abusing an entrusted power (corruption).
  • Officers are expected to act professionally and treat public equally. Offices should respect democracy and offer equal quality services. They should avoid creating ‘anti-democratic system’. Gift means that people expect a favorable treatment. Not all individuals have the ability to give a gift-meaning they will not be favored when addressing cases. Equality is the key (Coleman, 2004).
  • The act creates a fee-for-service system-the latter creates social injustice in that poor people will receive low quality police services compared with people from upper classes.
  • Public perception- gratuities changes the public perception since people expect a favor. In addition, people lose trust as they believe that officers are corrupt by accepting gratuities. The negative perception will impact the police performance in a negative way (Coleman, 2004).
  • Ethics concerns from Rule utilitarianism- the act of accepting gratuities has long-term consequences. The results will affect owns duty and damage the life of many. This is because, public will lose trust and confidence on officers and poor people get poor services since they are unable to offer gratuities (Coleman, 2004).

 

 

Moonlighting: Deputies should not be allowed to work part time, in uniform, while off duty. This is because;

  • From a comprehensive research, many officers focus on supplementing their incomes and for this reason, they work for many hours estimated to be over sixty hours per week.  These excessive hours affects officer’s performance. Off-duty work increases fatigue which makes officers become vulnerable to accidents, poor decisions and more. Off-duty works are associated with unstructured environment and lack of supervision (Hess, 2009). This results to malicious injuries and fatigue-related hazards. The latter cause socioeconomic and human costs higher than officers who work under supervision public safety.
  • Hour Constraint- due to fatigue-related hazards, officers will minimize performance when he returns back to primary job. In addition, officers may decide to continue with a secondary job to get higher income. The long hours of working will later lead to conflicts since the officers will not serve citizens as required on a primary job (Hess, 2009)..
  • Conflict of interest- When working with public in a secondary employment, officers violets the confidentiality policy by disclosing confidential information. In addition, secondary employment is a form of police deviance based on immorality, lack of trust and confidence, impulsivity and more (Hess, 2009).

 


Residency:  police officers must reside within the county they work for.  The benefits of this policy are as follows;

  • Better policing- by integrating in the community, police officers will  understand  the community in terms of the values, crime rate, different cultures, residence requirement and other important things  which assist in  creating a safe neighborhood.  Police offers need to be familiar with the community residents and understand the structure and the civilian (Berry, 2000).
  • Police officer will settle disputes and reduce crime locally by solving problems, giving warning and enforcing law.
  • Police offers will reflect on the community and maintain racial and ethnic setting.
  • Police officers will create political and economic support. For example, they will increase tax base. In political arena, police officer presents the needs of citizens by participating in decision-making system in the county (Berry, 2000).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reference

 

Berry M. Frances. (2000). Police Practices and Civil Rights in New York City: A Report of the United

States Commission on Civil Rights. DIANE Publishing,

 

Coleman, S. (2004). When Police Should Say "No!" to Gratuities. Criminal Justice Ethics, 23(1), 33-44.

Introduction to Law Enforcement and Criminal Justice

 

Hess, K. M. (2009). Introduction to private security. Belmont, CA: Cengage Learning.

 

Miller, Lindsay, Jessica Toliver, and Police Executive Research Forum. (2014). Implementing a Body-Worn

Camera Program: Recommendations and Lessons Learned. Washington, DC: Ofce of Community

Oriented Policing Services.

 

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Consent Decree

The Chicago Police Department (CPD), has been facing a lot of challenges, which have been linked to misconduct by the police. The police have been criticised by the public, due to constantly harassing them, even without committing any offence. The public raised complaints consistently, a factor which prompted the Department of Justice (DOJ), to come up with recommendations of addressing the issue. The following is a summary of the recommendations: 

             The recommendations fell into two groups, with the first one being: to prevent misconduct from arising, through focusing on procedures, and through training and educating the police officers (Ron et al, 2014). Secondly, to improve the systems of addressing misconducts, when it occurs. The following recommendations fell in the first category:

Adopting discipline guidelines     

The department therefore came up with plans, of dealing with those officers who were found to commit any form of misconduct while in the field (Ron et al, 2014). The strictness of the consequences depended upon the gravity of the offense, and the disciplinary record of the officer. Adopting these discipline guidelines would also discourage the police from any forms of misconduct, since they would be afraid of being held responsible.  

Officers engaging in ‘Code of Silence’ should be Discharged  

Officers should not in any withhold information regarding an offender, because this might lead to poor investigation (Ron et al, 2014). In addition, any officer who provides false information regarding an offender should be discharged. This will allow officers to see the need to say the truth about an offender, thus protecting their jobs.

Adopt education-based correction    

Currently, education and complementary training are not correctional options within CPD. Even though traditional punishments may help in showing how the police officer was wrong, the punishment may not show the cause of the misconduct (Ron et al, 2014). Furthermore, the punishment may result in bitterness, which can lead to another misconduct. However, education-based discipline offers an alternative for that, since it provides the officers with ways of coping with the issue, and how to change, hence being able to work freely without resentment.

Improving Supervisory Effectiveness and Accountability

            Nowadays officers on patrol are not usually supervised, a factor which makes them to do things in their own way. In order to deal with such an issue, it would be significant to adopt a patrol squad system, expand Field Training Officer program, improving the process of hiring, training, and promoting officer, and creating an overseer mentoring and assessment program (Ron et al, 2014). Each of these proposals are significant for allowing the officers to understand their roles as officers, and how they are supposed to conduct themselves while in the field. In addition, expanding Field Training Officer program allows the officers to gain the knowledge of respecting innocent civilians, and providing them with the support they need, but not mistreating them.

The following Recommendations fall in the second category:

Making the Disciplinary System Effective, Efficient, Uniform, Timely, and Transparent    

Addressing misconduct as soon as it occurs will allow the DOJ to deal with the issue of misconduct, due to the effectiveness of the punishment and the process. In addition, the disciplinary needs to be efficient and transparent, in the sense that all officers will be treated equally based on the offenses which they committed (Ron et al, 2014). In addition, it should also be timely, thus allowing the offenses to be dealt with, hence making the system efficient. After complaint is launched, the process of investigating the officer should commence immediately, to ensure the process becomes successful, and the accused officer is also dealt with accordingly.

Most misconduct investigations have dragged for many years, a factor which has made it hard for the officers to be apprehended on time, thus making them to commit the same mistake again, even before the investigations are complete (Ron et al, 2014). All entities in the DOJ should therefore work together, in ensuring officers who offend innocent civilians are put to book, and punished on time. This will not only see the character of the officers improving, but it will also change the public’s perception towards the police. Similarly, the process of the investigation should be uniform, hence leading to the use of the provided information in the right way. On the other hand, the punishment should depend with the severity of the mistake, thus allowing the officers to understand the impact of committing an offense and its implications.

My recommendations for Improving Chicago Police

When addressing an issue, one needs to first and foremost understand the main cause of such an issue. In order to therefore come up with recommendations for improving Chicago Police, the causes of the police misconduct should be known. Secondly, these causes should then be dealt with either through educating the officers, through advising them, or through creating a close relationship between the police and the public, thus ensuring the police do not in any way commit misconduct when officers make mistakes. However, this section will provide recommendations based on the impact of police misconduct in Chicago. The following are the recommendations:

Training and Educating the Police to Handle a Situation Based on its Seriousness

Police officers are required to handle a situation based on how serious it is. A police officer should not harass an innocent civilian who complies with what he or she is being asked to do by the police officer. If a civilian does not comply with what he or she is being told by the police, then the officer should call for a backup, whereby the person will be arrested. At no point should an officer beat up a civilian, if the civilian has not done anything to provoke or offend the officer.

Officers should briefed, and asked to Arrest a Criminal based on Facts, and not on Racial Discrimination   

            Officer should only arrest a criminal, based on facts, and not on racial grounds. In Chicago, most African Americans were killed by the police, because the police saw African Americans as a threat to them. The killings were therefore not based on facts, but on the perception which the police have regarding African Americans. Police officer need therefore be trained, to only shoot a criminal if the facts presented regarding the criminal are justifiable, and if the criminal offers a form of resistance which might threaten the life of the officer. Under no situation should a police officer shoot or kill a person because of his or her colour, if the person did not offer any form of resistance during the arrest.

A Police, Civilian Committee, to deal with Misconduct should be Formed  

The committee should have members from the police and the civilians. These committee will be required to discuss, and address the challenges which the civilians are facing, and to point out the officers who are threatening the lives of the civilians. Civilians should forward their issues to the committee, where the committee will then launch an investigation into the matter, before a punishment can be issued. In so doing, officers will not conduct any misconducts, because they will be punished, immediately the matter reaches the committee (Archbold, 2013). For instance, the committee should have civilian informants, who will monitor the operations of the police officers. On the other hand, the officers who will be found guilty of an offense should be recorded, whereby the committee will observe their moves, and in case of any offense within the probation period, they should be suspended or be discharged.      

Consent Decree

This is a pact between involved parties which is submitted to a court in the form of writing. Once it is ratified by the judge, the pact becomes legally binding. Consent decree lasts for a minimum of five years, within which the DOJ should comply with the provisions of the decree. If the DOJ obtains a consent decree regarding Chicago Police Department, then the officers can expect to receive new plans and procedures regarding how services should be undertaken in CPD. This is because, DOJ takes total control of CPD, thus it will be mandated with the task of managing confidential informants, training the staff, conducting integrity audits in CPD and regulating the operations of the Police Commission and Inspector General. CPD will not for that reason be able to operate solely, but it will, depend on the dictates of DOJ, and commands will also come from the DOJ. Each department in CPD will therefore be regulated by DOJ, hence the police department will always rely on what the DOJ wants, and how the DOJ wants CPD to operate.

Reference

Ron, S, Schiff H, Kish K, and James, O. (2014). Preventing and Disciplining Police Misconduct An Independent Review and Recommendations Concerning Chicago’s Police Disciplinary System. 

Archbold, C. (2013). Policing: A text/reader. Thousand Oaks, Calif: SAGE Publications.

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Occupational Socialization

 Frank can chose to support other detectives by remaining silent hence allowing the confession of the suspect to be admissible or refuse to offer such support due to possible legal outcomes.  In this case agreeing to the various events to be presented by the detectives at the court can amount to the crime of perjury in which Franks is an accomplice for knowing about it and opposing. In this case, the circumstance surrounding the case involves a defendant who was not aware of the nature if his offense while confessing and was never afforded his right to have counsel assistance. Hence, the confession was not voluntary. Perjury is considered to be a criminal act where one makes false statements on oath (Pollock, 2014). If frank keeps silence, he would be committing a criminal offense. Committing Perjury means that a person has been involved in miscarriage of justice and, hence gets involved in corruption of the legal process (Pollock, 2014). Frank will have been an accomplice miscarriage of the criminal offense.

For the new detective, it would it take time for him to effect any change at the workplace because they first have to understand the culture of his new organization, organizational behavior and decision making process.  The change process involves a shift from what is known to the unknown.  For a new member in an organization, learning the communication process, the prevailing relation between the leader and a member and how employees are engaged in the decision making process (Vlachoutsicos, 2013). Frank would be successful in introducing the work values and ethics in the organization if he understands the reaction of any change in his place of work.  It is common for a person to seek authenticity and truthfulness important virtues in the working place.  However, holding such values sets a person on a collision line with existing organizational culture where upheld values may be quite different. Ideally, a person would seek not to work in a place where existing values clash with theirs.  However, the real case involves trying to bridge the existing gap between a person values and those established by the organizational culture; since it rarely happens that one will be accorded the luxury to leave a position on the basis of principle (Vlachoutsicos, 2013). This involves being creative and manipulative through diplomacy so that you can get other organizational members to consider your perception and involved benefits. In case of Frank, he would have others understand the implication of perjury on rendering justice.

Administrators in the criminal justice must have knowledge on conflict resolutions within their organizations so team work on established tasks, objectives and goals can be achieved. Conflict resolution should involve first looking into the source of the conflict regardless of the nature of such conflict. This involves understanding if such conflict is pre-existing one or it has been introduced artificially (Stojkovic,  Kalinich, & Klofas, 2012). After understanding the source and nature of the conflict, the administrators should establish programs for conflict management that will set in ensure members involved places their grievance on the table for discussion.  This involves creation of a culture with acceptable and agreed upon culture that upholds the legal standards and allows for accommodative behavior. The administrators should then ensure such a program is implemented through structural and process interventions that prevent conflict and address them as they arise (Stojkovic,  Kalinich, & Klofas, 2012).

References

Pollock, J. M. (2014). Ethical dilemmas and decisions in criminal justice. Nelson Education. 263-267

 

Vlachoutsicos, C., (2013).When Your Values Clash With Your Company’s. Retrieved from: https://hbr.org/2013/01/when-your-values-clash-with-yo

Stojkovic, S., Kalinich, D., & Klofas, J. (2012). Criminal justice organizations: Administration and management. Cengage Learning. 331-335

 

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Are these Grievances Arbitrable?

The allegation by the company is that the union aims at persuading the arbitrator that Manchester T&E should apply arbitration of Grievance No. 27-97 regardless of the failure by the union to give notice the firm properly and on time of the intention to arbitrate. A written notice was given to the company by George Mason but the notice was not timely. Given that the union did not provide a notice on time indicating the intent to allow for arbitration of the grievance emerging, the union assumed that the handwritten note give to the company by, Goode its representative, to be a request for extending the time limits.  The attempt by the union to portray this handwritten note to be a request for extending the Grievance No.27-97 had not merit at all.  Moreover, the union failed to follow the terms laid down in the agreement and the terms thereof, which had been agreed upon on mutual basis, and did not get an extension of time that had been agreed upon on mutual basis.

  The company on the other hand claims that it normally considers arbitration requests whose notice have been provided on time. Moreover, it claimed that the agreement with the union does not provide for the alteration of the contract by the arbitrator. On the basis of these reasons the, argument by the union that time limits have been extended in the past does not hold since, this time round there were no such agreement and hence the provision of the contract holds. The evidence presented by the company about untimely notice and contract alterations is its best evidence and arguments. As an arbitrator, I could not be influenced by the evidence if it violates existing contract. To solve the stalemate, I would have the parties review the contract since the grievances are not arbitrable.

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Corrections: An Overview

            Government agencies should exhibit a professional conduct through self-evaluation and adhering to ethical moral in offering services. Agencies need to work toward achieving common goals and maintaining job performance. Through self-evaluation, agencies should follow the standards of conduct. Corrections is a challenging work  and agencies face challenges associated with prisons populations, limited resources, high turnover rates and more (Sondervan, 2011).  Other important point is that professional development is achieved through training which ensures that agencies gains knowledge and skills based on ethical behaviors, leader development, decision making, and law and polices. According to my opinion, professionalism is an area which requires training. Note that personal professionalism is an area which is influenced by commitment and hard work. Thus, training is a way of building a professional organization and a positive character. Training through program and  experiential activities will provide agencies with proper instruction , career path, personal growth and gain knowledge related with incident report, executive orders, judicial and more (Sondervan, 2011). An example of professionalism in corrections is ethical behaviors.  This is achieved through training where officers will be trained on how to address situations and make ethical decisions.  Note that officers should adhere to moral codes for them to act with integrity, fairness, honest and truth (Sondervan, 2011).

 In the past, guilty people faced harsh punishment until the Victorian period when prison reforms were developed.  The major types of punishment during the ancient times were hanging and transportation.  Since 1717, criminals were being transported to America where they were locked in a prison hulks. Other method was hanging where criminals were hanged. Criminals were given a chance to confess there faults and after that they were put in drawn cart and it was pulled (Weiss, 1999). According to my opinion, these methods are not effective to deter crime today.  This is because;  in 19th century Britain for example encountered extraordinary changes such as population increase, new industries, high poverty and others. Crime rate was high and this indicates that punishment and transportation were not effective methods. Thus, in modern world, prisons and prison programmes are the best punishment system as they serve an important role in reforming offenders and shaping them to become productive citizens (Weiss, 1999).

 

 

 

 

 

 

References 

Sondervan W. (2011). PROFESSIONALISM  IN CORERCTIONS.  Retrieved from:

http://highered.mheducation.com/olc2/dl/947175/sch26474_ch17_567_579.pdf

 

Weiss, R. P. (1999). Social history of crime, policing and punishment. Aldershot: Ashgate.

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Assignment 1: Improvements to the Correctional System

To attain high level of professionalism in correction facilities, management should undertake training programs for the staff and enhance the relationship between staff and inmates.  Training involves training the staff on how to carry out their task especially when executing or implementing various policies and laws in the correction facilities. For instance, the staff members may learn on how to deal with various situations especially when lives are in jeopardy.  Training is necessary so that staffs are equipped with skills, attitude and knowledge on how to they should perform their duties while at the same time respecting the dignity and rights of inmates (Crewe, Liebling, & Hulley, 2015). Prison work is challenging and staff members’ especially new recruits required such skills and knowledge about prison environment beforehand. Enhancing staff-inmate relationship involves adopting a code of conduct that spells out prison staff should communicate and associate with inmates. A cordial relationship with boundaries will help in curbing fatalities and enhance communication process which is important in decision making (Crewe et. al 2015).

 In various circumstances, the conditions in correctional facilities lead to circumvention of the Eight Amendment’s provisions on Cruel and Unusual Punishment Standard. Where the inmates are sentenced to length sentences for having committed minor crimes or violations, it can be said that the provisions of the Eighth Amendment are not adhered to (Russel, 2016). Excessive sentencing of prisoners on the basis of petty crime and confining them in the same facilities with hardcore criminals such as murders is cruel and more importantly out of context (Dolovich, 2009). Moreover, having many inmates’ line tinny cells is unusual and cruel and may distort them psychologically so that when they are released they may not fit in the society into which they are released.

Abolishment of corporal punishment in the correction systems was the right decision .Taking corporal punishment as a measure of institutional punishment amounts to violations of the basic human rights of the offenders. In history, this form of punishment involved different methods such as the use of strap, water hose, flogging and poor diet which clearly in violation of basic human rights. There have been many abuses in the past and this method used to attract inappropriate characters as correctional professionals and create a hostile environment between the inmates and the staff (Davis & Freeman, 2010). Moreover, there is no evidence to support corporal punishment as a better form of correctional method in shaping the character of inmates. Prisoners should be allowed to choose among various types of punishment or serve prison terms. Hence, conversion of offenders cannot be provided through corporal punishment and in any case it may lead to more hostile characters (Davis & Freeman, 2010).

 Immediate sanctions can go a long way in deterring crime in the society.  The basic rationale for intermediate sanctions is that punishment for criminals can minimize crime level through deterrence, rehabilitation, punishment and even incapacitation.  The enforcement of intermediate sanctions restricts a probationer’s activities while demanding more accountability from any actions they take, while at the same time allowing an offender the freedom to freely live in the society (Apel, 2013). The method is effective where precautions are taken to so that public safety is maintained while inculcating good behavior so that the offender does not commit more crimes or offenses. Intermediate sanctions assist in restricting an offender’s movement while providing a more effective ways of supervising offenders especially in cases where there is overcrowding and officers are overworked (Apel, 2013). An example of intermediate sanction that is effective in deterrence is a curfew placed on an offender who has a record of disturbing public peace after excessive drinking at night.

Correction facilities are not well equipped to deal with offenders suffering from mental illness since they have never been designed to cater for such individuals. Such inmates suffer from various illnesses such as bipolar disorder, schizophrenia and even major depression which require medical attention. In addition, some inmates have psychiatric disorders that lead to considerable functional disabilities and most of them will need psychiatric intervention while in prisons. Unfortunately, the correctional facilities do not have the capacity to respond in the right manner to the mentally-ill offender’s needs. Mostly, the facilities are crippled by insufficient facilities, understaffing and limited financial resources for establishing enough programs to address the needs (Heekin & Polivka, 2015). This means that prisoners who are serious do not receive meaningful treatment. Even though the facilities have many conscientious professionals in mental health field working in the facilities, they encounter daunting challenges while trying to meet the patient’s needs. This is because of facilities that are physically inadequate, large caseloads, and in some cases, institutional cultures that have no sympathy for the mental health services needs. Even where these institutions are provided with more physical resources, mental health programs and staffing, the gains are eroded by increase in inmates suffering from mental illnesses which continues to make the facilities deficient in a myriad of ways (Heekin & Polivka, 2015). Overburdened staff and facilities mean that response to psychiatric emergencies is not sufficient.

References

Crewe, B., Liebling, A., & Hulley, S. (2015). Staff‐Prisoner Relationships, Staff Professionalism, and the Use of Authority in Public‐and Private‐Sector Prisons. Law & Social Inquiry, 40(2), 309-344.

 

Dolovich, S. (2009). Cruelty, Prison Conditions, and the Eighth Amendment. NYUL Rev., 84, 881.

 

Russel, K. D. (2016). Cruel and Unusual Construction: The Eight Amendment as a Limit on Building Prisons on Toxic Waste Sites. U. Pa. L. Rev., 165, 741.

 

Davis, A. Y., & Freeman, S. (2010). Are Prisons Obsolete?. New York: Seven Stories Press.

Apel, R. (2013). Sanctions, perceptions, and crime: Implications for criminal deterrence. Journal of quantitative criminology, 29(1), 67-101.

 

Heekin, K., & Polivka, L,(2015). The Criminal Justice System and Mental Health.

Retrieved from: http://coss.fsu.edu/subdomains/claudepeppercenter.fsu.edu_wp/wp-content/uploads/2016/02/The-Criminal-Justice-System-and-Mental-Health.pdf

 

 

974 Words  3 Pages
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