Module 2: Ethics and the Criminal Law



Module 2: Ethics and the Criminal Law

M2D1- Discussion

Police and Law Enforcing Agencies Discretion

By the law and administrative policy the discretionary powers of police and law enforcing agencies are limited. While, the discretion of police serves various positives functions such as professional judgment, effective utilization of the resources, creation of the policy for public, individual justice, etc. Some of the abuses of discretion includes: denying of the due process, discrimination based on racism, managing personnel's, policy and planning development etc (David, 2010).

 

Example of Police and Juvenile Crime

Young people are not much predictable in comparison with adults and show aggression to police officers and law enforcing agencies. Their immaturity leads them to violent behaviors and they do not saw police and other law enforcing agencies as prevention to wrong behavior but saw as challenge in order to avoid disagreement and detection. Police and other law enforcing agencies stumble upon youthful with having diminutive respect for authority and law (Sullivan, 1972).  

In this manner Juveniles provides a threat to police as they don't have much knowledge about their behaviors and its effect on the society. For this reason, in my opinion, discretion of police should be increased so that they can make better decisions according to the situation and utilize their authority respectively.

Policing Ethics & Society

Social ethics is the foundation of ethics and modern police professional ethics. The ethical and lawful function of the police is based precisely on respect for the dignity and human rights. Consequently, it is a matter attached to the learning processes of the agencies responsible for enforcing the law, but is the ontological and ethical pillar base on which social identity is constructed based on the size of public service, so of policing itself. Consequently, police ethics does not seek to become an ethics utilitarian rather virtue ethics (Kelling, 1988).

The relationship between social ethics and police ethics is obvious: The first is the theoretical relation projections gives meaning and ethical reflection police aims and seeks to humanize action of the members of the institutions responsible for enforcing the law. The development of police ethics in the context of changing socio-cultural context requires overcoming purely moral rules, guided only by rules and regulations, and move towards an ethic of deep convictionsand commitments. In other words, assume an ethic of responsibility (Sullivan, 1972).

Therefore, we must recognize that police work has inherent ethical dimension, as looking and aimed at truth, justice, common good and human development ...