Critical Analysis of the Criminal Justice System

Critical Analysis of the Criminal Justice System The purpose of this paper is to discuss the two types of ethics, absolute and relative. Noble cause corruption, challenges faced by administrators, managers and supervisors, unaccepted behaviors in policing, standards of conduct in the courts and ethical situations in corrections. In summary, I will discuss how each of these ethical considerations affects the management of organizational policy and implementation of justice programs. Types of Ethics Character and ethical conduct, for criminal justice personnel, means that they would never betray their oath of office, their public trust, or their badge (Peak, 2010, p.335). Police officers, judges and lawyers have a moral obligation to be honorable and trustworthy. The publics expectations of these personnel ought to not be compromised; they are held at a higher level of morality and should uphold this disposition regardless of the situation. Ethics involves doing what is right or correct and is generally used to refer to how people should behave in a professional capacity (Peak, 2010, p.337) There are two types of ethics police deal with on a daily basis, how they react to these ethical dilemmas determine the level of integrity and or morality of the officer. Absolute ethics is two-sided, good or bad, black or white (Peak, 2010, p.338). For example, if someone stops at a stop sign, this is the right thing to do. Not stopping at the stop sign is the wrong thing to do. A relative ethic is relative depending on the persons perception of the situation such as a person running a red light, was the light yellow as the car approached the light as it turned red or was the light red before the car proceeded. These examples are quite simple to everyday citizens but a police officer making a decision on a relative issue, it is the difference between issuing a citation or not. Communities make exceptions when it comes to relative et hics. Officers may be allowed perform illegal traffic stings to prevent speeders in residential areas or hassle juveniles hanging on street corners late at night to prevent drug trafficking. The prevention of crime and protection of the community justify these unethical behaviors. Noble cause corruption Noble cause corruptions leads to ineffective policing by breaking the rules either intentionally or unintentionally to cover a mistake or a purposeful act against a citizen. This act of carelessness is a detriment to a person who is unaware of how the situation will affect them in the long run, such as an accusation of speeding which could lead to a hefty citation or suspension of a drivers license or the illegal search of a vehicle that produces something incriminating eventually leading to a conviction and jail time for the accused. The mentality that the bad outweighs the good in an effort to make an arrest contributes to a corrupt justice system. During the OJ Simpson trial, Detective Mark Fuhrman discovered bloody gloves and other DNA evidence that could have easily implicated Mr. Simpson in the murders of his ex-wife and friend. Mark Fuhrman, the prosecutors key witness, committed perjury when he testified under oath that he had never used the N word, but the defense revealed a taped interview of Fuhrman bragging about the abuse of gang members and using the N word, casting doubt about his credibility. Although there was substantial evidence in the case, OJ Simpson was later found not guilty (Curtis, 2008, p.22). Challenges faced by Administrators, Managers, and Supervisors Administrators, middle managers and supervisors are faced with the dilemma of ensuring that their officers are not violating the exact laws they are governed to oversee. Some officers deal with day to day issues which supervisors are unaware of or directly involved in. This means if a law is violated, and not reported, the officer gets away with it. If the supervisor is aware the officer has committed a violation, the action should not be pushed under the rug, he or she should not be given a slap on the wrist or worse case scenario; not address the indiscretion at all. Supervisors have various leadership styles and address situations in different ways; their attitude dictates the dynamics of the departments professionalism and behavior (Schafer Martinelli, 2008)p. 306. It could become organizationally accepted and give the impression to other officers that it is okay to break the rules without the fear of consequences and quite possibly lead to corruption within the department, as i n the case of the infamous Rampart division of the LAPD. The Community Resources Against Street Hoodlums (CRASH) anti-gang program was initiated under the direction of LAPD Chief Daryl F. Gates in the late 1970s, the program had encountered some success in the Rampart Division. The success turned to failure when between the years 1998-2000, it was discovered that extreme police misconduct was committed among Ramparts CRASH squad with Officer Rafael Perez at the helm of the investigation making it one of the most widespread cases of documented police misconduct in United States history. Fellow officers were aware of the incident but failed to report any of indiscretions for the fear of retaliation and possibly death. The convicted offenses included unprovoked shootings, unprovoked beatings, planting of evidence, framing of suspects, stealing and dealing narcotics, bank robbery, perjury, and covering up evidence of these activities (Cannon, 2000, pp.5-9). Ethics in Policing Accepted and Deviant Lying Slippery slope is the acceptance of unethical or illegal behavior on behalf of the officer. A term that can best be described as riding the fence. Police officers are aware of the ethical responsibilities that come with wearing the uniform and badge. Accepted lying involves the by any means necessary motto, do whatever it takes to get an arrest or conviction. Deviant lying include illegal acts such as planting evidence, withholding evidence, illegal search and seizures and lying under oath. Deception is a behavior committed by officers without forethought. Police interrogations lead to deviant lying by deceiving a suspect with fake evidence or proof of witnesses to a crime they may have not committed. In order to receive a confession, detectives may interrogate a suspect for numerous hours, withholding food or water, and any other form of intimidation (Peak, 2010, pp.340-341). Gratuities A behavior that could lead to corruption is acceptance of gratuities. Some police departmental polices do not allow officers to receive gifts. There is a gray area when it comes to accepting gifts that can range from discounts, free or half priced meals to free donuts because these gifts seem to be insignificant. The model of circumstantial corruptibility proposed by Withrow and Dailey basically states that givers and receivers determine the level of corruptibility, if a gift or free meal is given voluntarily there is no violation of acceptance (Peak, 2010, p.342), however if the freebie is an expectation of the receiver as a form of payment from the proprietors for their safety or protection (Ruiz Bono, 2004, p.49), this action is a violation. Others believe accepting discounts, free meals or other gratuities are not a violation of a particular departments policy but it allows the officer to build confidence and trust within the community. Inevitably the acceptance of insignificant gifts leads to the slippery slope of engaging in bigger issues such as bribery and extortion (Coleman, 2004, p.33). Greed and Temptation Greed and Temptation evolve from the slippery slope brought on by the acceptance of gratuities. A police officer may start with offenses of greed such as recovering small items from the property department that were never claimed or items left behind by suspects fleeing police during foot chases. In my opinion, temptation and greed is not a behavior that transpires from the lack of money, poor working conditions, or intentional deceptiveness but the justification stems from the opinion that seizure of the items are perks that come with wearing the uniform and the absence of the individuals morals and lack of integrity. Once the line has been crossed, the officer may find it hard to revert back from. In some cases, the officer does not recognize succumbing to temptation because it has become second nature. Training, Supervision and Values Prior to a prospective candidates acceptance into the police academy, extensive background checks and assessment tests are used to evaluate their character, judgment and critical thinking skills. After completion of the academy, new recruits are trained by more experienced officers who play the role as mentors. Supervisors are unable to be involved in every aspect of the mentoring process, the hope is that the supervisor is an active participant within his department or division and is aware of the best person to assign with a new recruit. Unfortunately there are more officers than supervisors, hence the need for other officers to function in the capacity of a training and mentor (Peak, 2010, p.345). If the mentoring officer has a corrupt mentality exposing the unethical and negative side of police work, the recruit may have a misconception of the attitudes and expectations of being a police officer with integrity. The corruption could possibly work as an advantage, allowing the new recruit to realize the route not to take and to maintain the core values instilled from the training academy. Ethics in the Courts The Judge The Code of Judicial Conducts purpose is to prevent the judge from being an active participant in actions that will allow him to act in an unprofessional manner questioning his ability to perform his duties and responsibilities without prejudice (Gray, 2005, p.35). Judges are held at a higher standard than any other official within the court system, therefore their loyalty and integrity are expectations from the general public (Peak, 2010, p.347). Unfortunately as in the case of police officers, some judges believe they are above the law, expecting preferential treatment because of their position. The thought of being investigated or convicted of any misconduct would be preposterous in their eyes (Peak, 2010, p.347). Once a judge gets comfortable with the thought of escaping the law, the thought process could easily carry into the courtroom. A federal judge in Texas appointed by President Bush in 1990 was convicted of sexual misconduct of two female court employees and sentenced to 3 years in prison (Casselman, 2009, p.A.4). In 2006, one hundred and thirty five judges were disciplined in a public forum for ethical misconduct; some cases were severe enough to have the judge removed from office. Not all states allow public discipline to preserve the innocent until proven guilty stature on behalf of the judge, if he is proven innocent of the allegation he could face ridicule (Tembeckjian, 2007, p.419). Public confidence in the court system is important, if the public has no confidence in the system, they will not respect it and decide to carry out their own punishment as judge and jury. Lawyers for the Defense Defense lawyers are not held to such a high degree as judges but they must have morals and principles to be able to represent a defendant fairly. A defendant has the right to counsel and should have the confidence in knowing their counsel will treat them in a way in which they themselves would want to be treated, by sacrificing their own personal time, and tapping into resources that would be beneficial in the case against their client. Three attorneys from the state of Kentucky were working as foreclosure attorneys and represented clients referred by a particular foreclosure company, in exchange for their services the law firm grossed more than a quarter of a million dollars. The act of the business being referred by the foreclosure company versus the lawyers seeking the clients on their own was in violation of the Ohio Code of Professional Responsibility (Seidenberg, 2009, p.26). As recently as 2000, defense attorneys in the state of Florida have been the target of Federal Governme nt investigations. The investigations stemmed from the unsuccessful prosecution against drug cartels and kingpins. Several attorneys were charged with victim intimidation and money laundering resulting in convictions and jail time for their involvement in the acquittals of high profile and infamous clients (Carter, 2000, p.18). Prosecutors The prosecutor must be able to prove the defendant is guilty beyond all reasonable doubt but prosecutors have a tendency to be a bit pretentious and break the law for the sake of justice regardless the cost. Unfortunately innocent people are placed in a position of pleading guilty to crimes they did not commit as a result of misconduct. Misconduct by prosecutors is commonplace within the courtrooms, an effective tactic that works in their favor. It consists of destroying, altering or withholding evidence, intimidating defense witnesses to testify in exchange for lesser sentences, coaching witnesses for the prosecution to give statements that help their case against the defendant. Ultimately the defendant does not receive a fair trial and is wrongly convicted. Criminal convictions in recent years have been overturned because of misconduct by prosecutors in regards to scientific and exculpatory evidence. A prosecutor has the moral obligation to maintain a level of competence in the cou rtroom. If he has evidence the defendant did not commit the crime he is being convicted of, the prosecutor should bring for the information (Joy McMunigal, 2008, p.44). Unfortunately the appellate courts allow this type of behavior to continue which gives the prosecutor the freedom to do whatever he feels he can get away with in the courtroom (Peak, 2010, p.348). Other Court Employees Confidential employees have the responsibility to maintain ethical standards as well as attorneys and judges. Their positions within the court system allow them access to court records and they are often privy to information that can lead them to commit misconduct. Court clerks have sometimes been accused of simple offenses as fixing tickets and other favors for friends and relatives to severe cases of accepting bribes. Several other cases involving the unethical actions of employees include a building operations manager in Hennepin County, Minnesota charged with stealing over $16,000 from the state by claiming she worked more than 500 hours, a county jail nurse in the same state was charged with stealing drugs prescribed for inmates (Olson Duchshere, 2009). Ethics in Corrections The role of a Correctional Officer (CO) is to maintain discipline and order within the prison and involves direct contact with inmates on a daily basis. The stress level for a CO includes hostile actions towards the officer, danger, taunts, long working hours and menial pay in an unfulfilled environment (Peak, 2010, p.349). As in a police environment, the supervisor sets the tone for the standards of behavior among the officers and the climate of the correctional facility is predicated on the security level. Inmates housed in a maximum security facility are most likely to challenge an officer without any regard to the repercussions of their actions because they are possibly serving a life sentence; he feels he has nothing to lose. In 1990, data collected by the Department of Justice showed 185 assaults on federal correctional officers, 10,731 correctional facility officers were assaulted by inmates and by 1995, 14 staff members were killed as a result of assaults (Bierman, 2006, p.68 ). Correctional Officers are at a greater risk of injury because of weapons manufactured from everyday items within the prisons. COs have to take great precautions to protect themselves, these precautions include the use of force in an effect to gain control of a deviant inmate. The Federal Bureau of Prisons (BOP) established a code of ethics to reduce incidents of the use of force when using restraints or a stun gun to subdue an unruly inmate. The Use of Force and the Application of Restraints on Inmates statement gives specific guidelines as to how and when it should be implemented. Proper written documentation is required for legal purposes and each encounter is recorded to ensure this method was warranted. However, the use of force should be exercised as a last resort once other measures of control are proved to be unsuccessful (Falk, 1995, p.110). The harsh working conditions in prisons can cause correctional officers to inflict physical abuse on inmates violating the Eight Amendment-banning the use of cruel and unusual punishment. The abuse occurs in state and prisons as well as jails. The largest jail in the U.S., Cook County in Illinois, has been on a 25 year investigation from repeated reports of excessive abuse. Excessive abuse is not the only act committed by correctional officers. The issues of overcrowding with the lack of correctional officers allow officers to form a relationship of strong bonds vowing to protect each other, not berate an officer in the presence of inmates, and to trust the officers word over that of an inmate. That bond can be easily broken by officers who report indiscretions by referring to them as snitches. The expectation is that anything that goes on in the prison stays in the prison. Using inmates as a form of entertainment is one of the most degrading experiences for the inmate; provoking fig hts among rival gangs, allowing sexual, verbal, and physical abuse are several complaints reported by other officers. The Rikers Island prison in New York was under investigation for alleged extortion rings within its young adult division. This discovery was based on an inquiry into the death of a juvenile within the facility (Buettner, 2009, p. A.17). Some correctional officers resort to unethical behavior of turning a blind eye as in the case of the highest ranking official at a Westmoreland County, Pennsylvania prison. The officer was found guilty of allowing an inmate to run a drug-trafficking operation by using a cell phone from the confinements of his cell, all of the transactions for the operation took place during the officers night shift. After serving a 60 day suspension for his involvement, the officer was fired (Anonymous, 2009, pp.1-2). Summary Organizational policy is based on a standard of operating procedures determined by a collaboration of ideas, suggestions and processes to improve or implement the outcome of an organizations goals. Organizational structures were implemented within the criminal justice system to increase functionality. Based on this ideology, in order for the components to achieve their goals of becoming and remaining successful in organizational policy as well as implementing justice programs, each entity needs to recognize its pitfalls. Each component needs to establish mission statements and introduce education and training programs at all levels. Allow feedback and ongoing discussions when procedures have proven to be ineffective. The foundation was laid at the inception of the criminal justice system. Over the years, we have made revisions to keep up with our ever-changing society. Laws and prison sentences differ from state to state based on the need for harsher penalties in the prevention of cr ime. The Code of Judicial Conduct was established to introduce judges to judicial ethics within the courtroom and prevent them from being removed from office because of indiscretions. The Amendments were established to ensure citizens rights were not violated. The common denominator is ethics. Policies are unable to be administered if rules and regulations are violated by police, the court systems and corrections.

For Your World :: essays research papers

For Your World A story consists of many small parts. When these parts are put together they create a piece of literature that conveys a message. This message can be about almost anything. Literature can tell a story about happiness or an experience of love. It all depends on what pieces and how they are placed together which makes a story. Anton Chekhov has written a wonderfully pieced together short story titled â€Å"Misery†. The elements which allow me to understand â€Å"Misery† are narrator point of view, setting, character, and theme.   Ã‚  Ã‚  Ã‚  Ã‚  Setting is the only other device, besides the title, which can set a mood for the story before any characters are introduced. When you place any character in a setting, that setting reflects onto the character. â€Å"Iona Potapov, the sledge driver, is all white like a ghost†¦ His little mare is white and motionless too†¦She is probably lost in thought. Anyone who has been torn away from the plough, from the familiar gray landscapes and cast into this slough, full of monstrous lights, of unceasing uproar and hurrying people†¦Ã¢â‚¬  (69); this quote allows for the reader to build a picture of the scenery. No one would want to have to sit on a sledge for many hours and be covered in snow waiting for someone to come by. The words used to describe Iona’s setting are very carefully picked to create this powerful imagery at the beginning of the story. The city is described as a slough. Slough is defined as a state of deep despair or moral degrada tion. With this deep pit of despair called a town, â€Å"monstrous lights† and â€Å"unceasing uproar† continue all round these two characters. With this as the opening paragraph the story has already started an emotion or feeling inside the readers mind.   Ã‚  Ã‚  Ã‚  Ã‚  How a story is told can alter the meaning of the story. Finding the right combination of who tells the story if very difficult. When the right order of voices are found it makes the story come alive. It allows for the imagery of the person’s actions and the characters thoughts to be read at the same time. â€Å"Misery† has found this great combination.   Ã‚  Ã‚  Ã‚  Ã‚  Narrators are used show or place a given mood in the story. â€Å"It is a long time since Iona has budged. They came out of the yard before dinner-time and not a single fare yet.† (69) At the start of the story the narrator has started the emotion of sympathy for the main character.

Proper Way to Live by Confucianism and Taoism Essay

Proper Way to Live by Confucianism and Taoism Introduction             Confucianism and Taoism are ideologies that originated from China. These two ideologies have become very influencing though they have been known to be different in various approaches. The analysis of this paper will include introduction of the main ideologies of Confucianism and Taoism, and it is also providing a comparison between the two ideologies. Confucianism             It is a word used for the ideologies of Confucius, a scholar that existed at the time of warring states. The keyword of Confucianism generally is the concept of humanism (Ritzer 37). Among the five virtues of Confucianism are Humanism, Righteousness, Principle, Knowledge, and Integrity. Taoism             He was a scholar who like the others lived in the period of the warring states, and had a different approach in his ideologies. Tao is the main concept of Taoism, meaning â€Å"way.† It is described as a spontaneous, natural, external way of things, as well as the way they pursue their course (Ritzer 38). The argument of many philosophies is that in case people are going to let everything in life to flow in their own way, then everything would definitely work out, like in the starts of his argument in this case it affirms the word â€Å"refrain.†             While Confucianism has emphasized more on humans and their capabilities, Taoism has emphasized nature and equality. According to Confucius when an individual has faults, he should not have fear in abandoning them. Confucianism recognizes the need to be strong by shunning away any set back from other people who do not recognize the ability that you possess as portrayed by the statement â€Å"Do not grieve when people fail to recognize your ability, Grieve for your lack of ability.† Never listen or be bothered with what they think about your ability but always rise-up to the occasion and not grieve. These concepts are what Confucius was using in bringing order and peace to society and he was considered successful in doing so. Based on the facts that his argument on life emphasizes more on the importance of human relations, it is still influential.             Confucius recognizes what a noble mind aspires to â€Å"slow to speak and quick to act,† in the same way the ancient people spoke little, similarly Lao Tzu view that life is supposed to be with little quarrels in order to avoid quarrelling with other people. Confucius viewed life to be all about loyalty, ready to change whenever wrong, always standing by your words, as well as choosing only the kindred as your friends.             Taoism has emphasized humbleness and gratefulness throughout life, â€Å"†¦have little and gain; Have much and be confused.† Taoism also has considered humbleness in life in another perspective; standing by your own words as a way of being humble. The philosopher describes wise men as setting example to all and in order for that to happen a wise man must always stand by his own word, a character that can be desired and be emulated â€Å"†¦.And set an example to all†¦.They shine forth.†             Taoism view about life has been considered as perhaps too mystical. It can be criticized to be just an ideology that is trying to escape reality. Moreover, as much as Taoism could give a skeptical view, it failed to provide a realistic solution about life.             However, Confucius as a philosophy has a deeper sense of life with realistic solution, especially regarding the opinion that other people have about some other people. According to Confucius, people should not just be comfortable with the way they have been described and give title whether positive or negative. When they talk good about other people, do not just take the complement and remain comfortable, investigate and find out the reason behind being good to them. This is always more serious when they hate you. Since there are many reasons behind somebody holding an opinion about another person, it is indeed important to investigate more why other people have decided to have that opinion, this is because there may be genuine reason behind doing so which may just be a misunderstanding of what was wrongly perceived.             According to Confucius just like Taoism in some aspects every individual is required to act with virtue in every social matters, family, community, state, and kingdom, mainly to ensure order and unity. Though these two philosophies may have taken different philosophies, they have in one way or the other succeeded in shaping of the society in terms of their way of life and their approach to life. Realistic or not realistic their ideologies stand to stay and the perceiving mind is what should embrace and accept the reality. Conclusion             Following the rise of individualism and freedom, the modern society always forgets their manners and patience. Most of the people tend to be selfish, rude, and having over high esteem about themselves. Just as emphasized by Confucius in his time, people should learn to be calm and respectful in life. Also Taoism has pointed out the need to learn being free, empty our minds, as well as clear our souls. This is because nobody in this world that do not need peace of minds. References Ritzer, George. Contemporary Sociological Theory and Its Classical Roots: The Basics. McGraw-Hill, 2009. 37–38. Print. Source document

Essay on Metropis by Fritz Lang and Modern Times by...

Discuss Fritz Langs Metropolis and Charlie Chaplins Modern Times Very few movies portray the relationship between the government and civilian masses during trying moments such as Fritz Langs â€Å"Metropolis†, and Charlie Chaplins â€Å"Modern Times†. These are two critically acclaimed films made in the late 1920’s and mid 1930’s. The time period captured is the great depression, and examine the role of the governing authorities in relation to those governed. â€Å"Metropolis† simply passes as one of the original science fiction movies in the world, and it has vivid imagery in it. Its’ main themes revolve around cultural exploitation and political issues facing the citizenry. It is set in Germany and tells the story of a metropolis where there are†¦show more content†¦It concentrates on the effects of know-how on the society and how human beings are living side by side with them. They effects of mechanization are evident from the opening scene of this film where workers are being monitored by machines in a factory lending credence to his view of human enslavement by technology. At the time of making the film, America was going through high unemployment rates, and corporate downfall as a result of the great depression. Hence, the idea of saving money and time so as to amass huge profits came up hence the introduction of machines to work on behalf of humans. Many film critics have argued that these two films resemble each other even though they were produced almost a decade apart. Both are about the suffering of the ordinary person in the hands of a ruthless upper-class. The ordinary man is seeking to live in a normal environment where there are no controls, and work is not mechanized. They all talk about a future where machines take over from human beings and do all the work. The machines even subdue the humans. In both films machines are at the centre of businesses as they make work easier, and increase profits for the elite. Governments in a capitalistic society do not control businesses. Furthermore, in both films the government is unable to take care of the masses as the elitist control all the resources available. In â€Å"Metropolis†, it represents a capitalistic society where only those with the means