22 Jul 2022

171

Ethics Violated by Excessive Use of Law

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Ethical violations refer to the failure of adherence to set codes of conduct. In law, the use of excessive use of force is usually perpetrated by the law enforcers who are traditionally the police (Atherley & Hickman, 2014) . These law enforcers make use of excessive force knowingly or unknowingly. However, they are usually aware of the ethical responsibilities which they must always live up to by still observing. Unfortunately, in situations where the law enforcers make use of excessive power, ethics get violated. The law enforcers are usually the government representatives who work within the law limits. Their skills and duties are generally state conferred. Their primary mandate is traditionally directed to serving the community, safeguarding of lives, ensuring that the innocent are protected, peacekeeping, and ensuring that equality, freedom, and justice is upheld ("Court rules campus police didn't use excessive force," 2018) . However, this is not always the case when excessive force is used. The following ethics are usually violated. 

Discretion; according to police ethics, the rule of reasonableness is a key to the conduct of their duties. Through this principle, the police are expected to look at all the factors that surround them before taking legal action. Unfortunately, when these law enforcers are subjected to some situations, they fail to use this principle and act forcefully reasonably. As a result, they end up losing confidence with the members of the public and work in a way that could violate the rights of the public members. Use of force; according to their codes of conduct, the law enforcers are not supposed to at any time use unnecessary force. Force can only be rightfully used with a lot of, and this can just be done after appropriate negotiations have been arrived at (Kargin, 2016) . In times of excessive force application, this ethic is violated. Its violation could lead to injury or suffering to members of the public. 

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Confidentiality; police are expected to keep secrets or confidential information, and such information can only be disclosed under a legal provision that requires its disclosure. However, when excessive use of force is put into place, the law enforcers sometimes disclose confidential information to parties that do not need it. Such incidences can risk the privacy of the members of the public. Integrity; from this ethic, law enforcers are not supposed to engage in corruption or bribery related acts. They, therefore, must avoid any conduct which could compromise their integrity at all cost. They should refuse all forms of gifts presented to them with the aim of assisting the concerned party. Unfortunately, with the use of excessive force, the police are sometimes compromised into falling for corruption acts from some members. This is usually with the intention of the involved party wanting to get a favor. Engaging in corrupt acts compromises the integrity of the code of conduct by the law enforcers. 

Personal capabilities; this code of ethics states that police officers are always responsible for upholding their standards. They are allowed to study more with the aim of acquiring more knowledge and competency in their duties. Unfortunately, through the use of excessive force, the professional capability of the law enforcers is compromised. To ensure that ethics are always upheld and making sure that violations become a thing of the past, the following strategies can be put in place with the help of administrators and other relevant agencies. 

Policies to Reduce Excessive Force 

Pre-employment screening; this test conducted by psychologists. The test involves the use of traditional assessment tools together with clinical interviews incorporation. Such assays can be very crucial since they can be able to bring out the characters of bad officers and this can significantly reduce excessive use of force. Training; this involves giving of an instruction to the police officers which will equip them with the necessary skills which can assist them in handling situations with integrity. Patrol simulations may be used to present their real life in the course of the training. Monitoring can also be used to assess the behaviors of police officers. This can aid in helping in the detection of excessive force precursors. Through this, police officers can be guided on the various ways in which to contain some situations without necessarily using excessive force. 

Military Model of Law Enforcement Agencies 

The law enforcement agencies have been compared to the military in various ways. The comparison is usually made for some reasons; it is believed that the comparator provides a control which is very useful by the use of a discipline which is militarized (Johnson & Hansen, 2016) . This is an essential factor since through this police officers are always prepared to force at any time but in a disciplined manner. The military model is believed to provide some form of professionalism which significantly reduces corruption-related cases as well as political influence and political favoritism. The model is supposed to be an effective one. Some problems, however, face this model. The first one is that differences arise on the party should exercise discretion. The question is, should it be the police or the military. The choice usually resides with specific police officers while in the military, it gets exercised at the top hierarchy. 

Law enforcement agencies which are local in the United States comprise of the; sheriffs and local police which constitute to 90% of the police departments (Matlala, 2016) . In cities with a large number of people, departments of the police are organizations that are complex, and they have subdivisions of various divisions. Five thousand sworn officers are only found in five cities police departments. 

Federal Bureau of Investigation is a component of the federal law enforcement organizations. It came into being in 1908. From the time of its creation, many police departments in large cities have been bureaucratized. The model of bureaucratization has been a common one although it has been ineffective. It has instead been inhibiting the organization of police in many ways. It is said to have retarded both the police personnel as well as the personal growth of the police departments. It is also associated with inhibition of creativity among the law enforcers. This is because the organization cultures the mentality of always working as a team to achieve something. The system also fails to appreciate the power and potential that is contained in informal organizations. It also fails to a system that can be termed as functional with a process that is due. Through the FBI, restriction of effective communication is witnessed. 

In the United States, the fragmentation of the police organization is based on two beliefs; the first one is on the argument that, there arose fear from the Republic citizens and who therefore could not want a federal control (Park & Hassan, 2017) . The second belief is on the fact that problems in America are handled in the best way at the local level irrespective of their dynamic. 

References 

Atherley, L., & Hickman, M. (2014). Controlling Use of Force: Identifying Police Use of Excessive Force through Analysis of Administrative Records. Policing , 8 (2), 123-134. doi: 10.1093/police/pau003 

Court rules campus police didn't use excessive force. (2018). Student Affairs Today , 21 (7), 10-10. doi: 10.1002/say.30526 

Johnson, T., & Hansen, J. (2016). Law enforcement agencies’ participation in the military surplus equipment program. Policing: An International Journal Of Police Strategies & Management , 39 (4), 791-806. doi: 10.1108/pijpsm-03-2016-0035 

Kargin, V. (2016). Police Use Of Excessive Force: A Case Study Of Lethal (Deadly) Force. European Scientific Journal, ESJ , 12 (1), 488. doi: 10.19044/esj.2016.v12n1p488 

Matlala, R. (2016). Defining e-policing and smart policing for law enforcement agencies in Gauteng Province. The International Journal Of Social Sciences And Humanities Invention . doi: 10.18535/ijsshi/v3i12.01 

Park, J., & Hassan, S. (2017). An Assessment of a Trickle-down Model of Employee Empowerment in Law Enforcement Agencies. Academy Of Management Proceedings , 2017 (1), 14962. doi: 10.5465/ambpp.2017.94 

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