Social Justice in the Law Enforcement System - Essay Example

Building А More Just Sосiеty / Lаw Еnfоrсеmеnt Name: Institution: Date Building А More Just Sосiеty / Lаw Еnfоrсеmеnt Social justice involves seeking the optimum balance between the shared, collective responsibilities of individuals as members of a society and the independent responsibilities of those individuals, in order to contribute to a just society. Social justice emphasizes the respect of both joint and individual rights and obligations and seeks to guarantee that individuals who need to claim human rights but lack the ability, position or capacity are able to do so. Accordingly, to achieve social justice, every society has instituted its own set of rules that are designed at defining the roles and behavior of individuals as regards respecting human rights. Further, to ensure these societal laws are not broken, a system of checks and balances often accompany these laws. One such system is the criminal justice system which grants considerable rights to criminals and dictates how professionals within this system should handle such individuals. According to the United States criminal justice system, criminals have rights that should be respected and upheld throughout their involvement with the system. As such, law enforcement professionals are required to execute social justice by upholding this law in an ethical and constitutional manner. Part I Primarily, the authority of law enforcement officers and professionals is derived from the people, through the social contract. The Social contract theory holds that the main role of the government is to better protect and safeguard the naturally acquired rights of individuals: those of life, property and liberty. Citizens enter into a contract within which they agree to cede their power to enforce their individual rights to the government and expect that, in return, the government will use this power for benefit the entire society. On the other hand, if the government is ineffective at securing these basic rights, then the society owes no allegiance to it. Consequently, as an agent of the government, law enforcement professionals are bound by this social contract to uphold social justice. Their power and conduct is held as a public trust. This advises law enforcement professionals on the general attitude and ethics they should have regarding their occupation and defines their conduct towards the public (Moll, 2006). The Constitution of the United States, its Bill of rights and the Federalist Papers form the ultimate governing body that prescribes the becoming ethical conduct of law enforcement professionals. According to the Fourth Amendment, law enforcement professionals are required to uphold justice by respecting the privacy of individual. Specifically, the Fourth Amendment states that individuals have a right to be secure in their persons, effects, homes and documents against unreasonable search and seizures. Further, the law states that no warrants shall be issued or arrests made without a probable cause to believe that at crime has been committed. To uphold these constitutional benchmarks regarding ethical policing, law enforcement agents are required to take the Law Enforcement Oath of Honor and adhere to the International Association of Chiefs of Police code of ethics. According to ICAP, the oath of honor is a symbolic declaration of the commitment to uphold ethical conduct among law enforcement agents, who swear to be honest and upstanding servant. They also commit to be part of the solution and abide by the rules of the profession. In essence, the ethical standards entrenched in the constitutional principles become inarguable because the law enforcement professionals take this oath to uphold them. The Code of Ethics outlines the ethical behavior becoming of law enforcement professionals and guide agents in ethical decision-making. It codifies those practices expected of officers in promoting justice and safeguarding the people’s fundamental rights. Lastly, law enforcement uphold the constitutional principles by respecting the badge which is considered as the symbol of public trust. This means that they are required to always remember that their conduct when in their vested uniform affects them as individuals, the agency they are affiliated to, and the entire law enforcement profession. Law enforcement professionals use the social justice principles of equality, solidarity, and human rights to build a more just society in a number of ways. The first is always applying ethical reasoning and decision making in their discharge of duty. Secondly, law enforcement professionals can build a more just society by ensuring that their clients have access to due process; equal protection of the law; freedom of speech, religion assembly petition and press; right to a lawyer, and speedy trial; and are protected against self-incrimination. Thirdly, law enforcement agents can promote a more just society by providing or delivering services that are easily accessible and responsive to the diverse needs of the various communities. The fourth way is by building a working environment that is inclusive and that promotes professional and individual growth. Fifth, law enforcement can uphold social justice principles by entrenching those principles into the organizational process and performance management. Lastly, law enforcement professionals may contribute to socially just communities by including the concept of reconciliation and rebuilding relations between citizens and the government, and among people and societal groups. Reconciliation is vital to developing public trust and collaboration (Schulz, 2009). Part II In an attempt to uphold the ethical standards prescribed by the constitutional and social justice principles, law enforcement agents are often required to employ ethical reasoning and decision-making. This process often requires of law enforcement professionals to investigate the nature of criminal conduct to explain the behavior of their clients, how to handle and prevent criminal behavior. According to criminology theory, criminal behavior is entrenched in the way individuals think and the way they make decisions and choices in life. As such, a number of factors have been identified as contributory factors to criminal behavior. The first, is stress that individuals undergo from their family, job, parents and peer groups. Another cause of criminal behavior is environmental conditions within which crime flourishes such as insecurity, a pervading importance on being successful, the belief that everybody commits some form of crime, and the lack of the apprehension and/or reparation of criminals. Another reason for criminal behavior is criminal intelligence, specifically, the relationship between crime and IQ. According to research, this relationship is influenced by the ability of the criminal to evaluate the degree of risk involved in engaging in a criminal act at a specific time and place. Another factor, is personality characteristics of individuals or criminals whereby, individuals with an elevated need for approval and acceptance are more prone to committing crimes. Further, criminal behavior is also caused by a general lack of understanding or consensus among individuals regarding what constitutes crime. To this end, a variety of theories have been posited to explain why individuals engage in criminal behavior. These include the rational choice theory, the social disorganization theory, the social learning theory, strain theory, labelling theory, genetics biology and evolution theory and social control theory. Lastly, criminal behavior is attributable to the level of ethical judgment, moral reasoning and will, which is expressed by offenders. According to research, individuals who think at a more advanced level of moral reasoning are less likely to engage in criminal activity since they are unable to justify such behavior on rational moral principles (Weisburd, Bernasco, & Bruinsma, 2009). Criminal theory exploring the way criminal mindsets and behavior is formed in individuals allows law enforcement professionals to come up with ways of preventing, dealing with criminal; activity as well as preventing a relapse the same behavior in future. Specifically, law enforcement agencies can use criminal theory to understand crime patterns and therefore, are able to make good security decisions that in the long run, prevent real risks. In addition, understanding criminology theory informs the practice of law enforcement agents by enabling them to anticipate, eliminate or intercept threats before they happen; block or avert vulnerabilities through enhanced security; and reduce the consequences resulting from criminal incidents (Vellani, 2011). Part III As mentioned earlier, law enforcement professionals are bound by the social contract to uphold and safe guard the rights and privileges of citizens. However, in their discharge of duties, law enforcement officers encounter a number of issues that must resolved to ensure they perform. Among these issues three challenges are critical: remaining stress free, enforcing the code of ethics and the presence of female law enforcement officers. Indeed, law enforcement professional undergo extreme stress during their discharge of duties arising from fluctuating working shifts, high level of trust and dependence placed upon them by the society, as well as dealing with extreme criminal behavior and incidents on a daily basis. Moreover, law enforcement professionals are required to act as problem solvers for other people which demands that they maintain control, and exercise professionalism in stressful or traumatic conditions. Work related stress in law enforcement has been associated with adverse outcomes including depressions, alcoholism, substance abuse, PTSD domestic violence among others. To address this issue, there is need for better support systems for professionals in this area such as professional counselling therapy, family support, stress management forums and anger management initiatives (Ortega, Brenner, & Leather, 2007). The other critical challenge for law enforcement agencies is enforcing the code of ethics. Because of the nature of power and the problems these professionals face on a daily basis, they are faced by serious conflicts and ethical dilemmas that require guidance in decision making. Law enforcement agencies are challenged by inappropriate conduct from its agents such as corruption, excessive force, forgery and extortion. To address this difficulty installing a code of conduct, departments should conduct retraining seminars culminating in testing and evaluation of officers to guarantee their commitment to ethical policing (Perez & Barkhurst, 2011). The last crucial issue is the increased presence of female law enforcement professionals due to increased workplace equality and diversity the main challenges have been resistance from male officers, discrimination against female officers in the community as well as a perceived inability of female officers to balance their professional and personal or family life. To address this issue, agencies can conduct job fairs and workshops that highlight the advantages of female officers, institute discreet ways of dealing with sexual harassment at the workplace and establishing policies that guard against any form of discrimination in the workplace (Barkan & Bryjak, 2011). References Barkan, S., & Bryjak, G. (2011). Fundamentals of Criminal Justice: A Sociological View. New York: Jones & Bartlett Publishers. Moll, M. (2006). Improving American Police Ethics Training: Focusing on Social Contract Theory and Constitutional Principles . Forum on Public Policy, 1-14. Ortega, A., Brenner, S., & Leather, P. (2007). Occupational stress, coping and personality in the police: an SEM study. International Journal of Police Science and Management, 9, 36-50. Perez, D., & Barkhurst , M. (2011). Paradoxes of Police Personnel Management. New York: Cengage Learning. Schulz, W. (2009). The Power of Justice: Applying international human rights standards to American domestic practices. Washington,DC: Center for American Progress. Vellani, K. (2011). Crime Analysis for ProblemSolving Security Professionals in 25 Small Steps. Houston: Threat Analysis Group, LLC. Weisburd, D., Bernasco, W., & Bruinsma, G. (2009). Putting crime in its place: Units of analysisin geographic criminology. New York: Springer. Read More

Fifth, law enforcement can uphold social justice principles by entrenching those principles into the organizational process and performance management. Lastly, law enforcement professionals may contribute to socially just communities by including the concept of reconciliation and rebuilding relations between citizens and the government, and among people and societal groups. Reconciliation is vital to developing public trust and collaboration (Schulz, 2009). Part II In an attempt to uphold the ethical standards prescribed by the constitutional and social justice principles, law enforcement agents are often required to employ ethical reasoning and decision-making.

This process often requires of law enforcement professionals to investigate the nature of criminal conduct to explain the behavior of their clients, how to handle and prevent criminal behavior. According to criminology theory, criminal behavior is entrenched in the way individuals think and the way they make decisions and choices in life. As such, a number of factors have been identified as contributory factors to criminal behavior. The first, is stress that individuals undergo from their family, job, parents and peer groups.

Another cause of criminal behavior is environmental conditions within which crime flourishes such as insecurity, a pervading importance on being successful, the belief that everybody commits some form of crime, and the lack of the apprehension and/or reparation of criminals. Another reason for criminal behavior is criminal intelligence, specifically, the relationship between crime and IQ. According to research, this relationship is influenced by the ability of the criminal to evaluate the degree of risk involved in engaging in a criminal act at a specific time and place.

Another factor, is personality characteristics of individuals or criminals whereby, individuals with an elevated need for approval and acceptance are more prone to committing crimes. Further, criminal behavior is also caused by a general lack of understanding or consensus among individuals regarding what constitutes crime. To this end, a variety of theories have been posited to explain why individuals engage in criminal behavior. These include the rational choice theory, the social disorganization theory, the social learning theory, strain theory, labelling theory, genetics biology and evolution theory and social control theory.

Lastly, criminal behavior is attributable to the level of ethical judgment, moral reasoning and will, which is expressed by offenders. According to research, individuals who think at a more advanced level of moral reasoning are less likely to engage in criminal activity since they are unable to justify such behavior on rational moral principles (Weisburd, Bernasco, & Bruinsma, 2009). Criminal theory exploring the way criminal mindsets and behavior is formed in individuals allows law enforcement professionals to come up with ways of preventing, dealing with criminal; activity as well as preventing a relapse the same behavior in future.

Specifically, law enforcement agencies can use criminal theory to understand crime patterns and therefore, are able to make good security decisions that in the long run, prevent real risks. In addition, understanding criminology theory informs the practice of law enforcement agents by enabling them to anticipate, eliminate or intercept threats before they happen; block or avert vulnerabilities through enhanced security; and reduce the consequences resulting from criminal incidents (Vellani, 2011).

Part III As mentioned earlier, law enforcement professionals are bound by the social contract to uphold and safe guard the rights and privileges of citizens. However, in their discharge of duties, law enforcement officers encounter a number of issues that must resolved to ensure they perform. Among these issues three challenges are critical: remaining stress free, enforcing the code of ethics and the presence of female law enforcement officers.

Read More