Part One: Ethics in Police Work
Police work in criminal procedure is among the very few professional affiliations where good work can be rendered nullity because ethics were not adhered to. The Fourth Amendment under which the foundation for probable cause is laid is among the fundamental ethical provisions (Kerr, 2017). Under it, police officers need a provable probable cause before interfering with the rights of any citizen. The Fifth Amendment protects all citizens from self-incrimination and prevents police officers from forcing any suspect from talking against their will (Lawson, 2017). The Sixth Amendment inter alia provides for the right to counsel and makes it an obligation for the police to see to it that a suspect who demands legal representation gets it (Primus, 2017). Finally, the 14 th amendment relates to a due procedure and equal protection under the law and compels police officers to treat all equally and under the protection of the law (Ahlander, 2017).
Equality, Solidarity, and Human Rights are fundamental social justice principles that ensure that police do not just fight crimes but also create a better society. Research has shown societal betterment is not created through a forceful elimination of crime but rather the establishment of a relationship between the police and the community (Canlas et al., 2015). The success of the concept of community policing in America is a case in point. However, it is only when the police are known to stand together in solidarity with the community, treat all member of the community equally and uphold human rights that a rapport can be created between the police and the community leading to a better and just society (Frydl et al., 2004).
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Part II: Criminal Theory and Why People Commit Crimes
Police officers are not only tasked with arresting offenders but also reduce the propensity of crime in the community. They, therefore, employ criminal theory to understand why crime happens to either prevent it or prevent recidivism (Eck & Weisburd, 2015). The choice theory takes the position that people make a choice to commit crimes to better themselves. The Critical theory blames laws, crafted by a minority, against a majority as the cause for crimes by the majority (Wilcox & Cullen, 2010). Finally, the labeling theory blames the general society for labeling some individuals as criminals thus pushing them towards crime.
Part Three: Three main Issues Regularly Facing Law Enforcement and Best Responses
Debilitating Procedural Laws
Modern criminal procedure focuses more on the rights of the populace than fighting crimes. Many police officers have been made hapless in fighting crimes because of legal technicalities and legalese (Ling & Rhodes, 2014). The best way to resolve this problem is to have a solid understanding of the law and find a way to work alongside it.
Accusations of Discrimination
Currently, any decision made by a police officer to a member of a minority from a racial or gender perspective will be second-guessed due to allegations of discrimination. Whereas discrimination by police has been reported it is not as rampant as believed to be but it has an adverse effect on police work (Weichselbaum, 2018). To curb it, police need to establish a comprehension policy on discrimination to enable officers to work in spite of the accusations.
Personal Safety
The second amendment guarantees Americans the possession and use of firearms including automatic rifles some of which have been used to attack police officers on a regular basis (Crifasi et al., 2016). The knowledge that any moment in the field could be the last on earth adversely affects police work. Proper training, protective clothing, and coordination are among the approaches to extenuate on this issue.
References
Ahlander, R. M. (2017). Undressing naked economic protectionism, rational basis review, and fourteenth amendment equal protection. Brigham Young University Law Review , 2017 (1), 167-193
Canlas, M., Argenal, A., & Bajaj, M. (2015). Teaching human rights from below: Towards solidarity, resistance and social justice. Radical Teacher , (103), 38-46. doi:10.5195/rt.2015.226
Crifasi, C. K., Pollack, K. M., & Webster, D. W. (2016). Assaults against US law enforcement officers in the line-of-duty: situational context and predictors of lethality. Injury epidemiology , 3 (1), 29 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5122525/
Eck, J. E., & Weisburd, D. L. (2015). Crime places in crime theory. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.362.1293&rep=rep1&type=pdf
Frydl, K., Skogan, W. G., & National Research Council, (. (U.S.). (2004). Fairness and Effectiveness in Policing: The Evidence . Washington, DC: National Academies Press
Kerr, O. S. (2017). The effect of legislation on fourth amendment protection. Michigan Law Review , 115 (7), 1117-1165
Lawson, G. (2017). Take the Fifth . . . Please!: The original insignificance of the Fifth Amendment's due process of law clause. Brigham Young University Law Review , 2017 (3), 611-662
Ling, Z., & Rhodes, H. D. (2014). Criminal justice models and their influence on civilization: A comparison of East and West. Comparative Civilizations Review , 71 (71), 50-66
Primus, E. B. (2017). Disentangling Miranda and Massiah: How to revive the sixth amendment right to counsel as a tool for regulating confession law. Boston University Law Review , 97 (3), 1085-1127
Weichselbaum, S. (2018). The problems with policing the police. Retrieved March 24, 2018, from http://time.com/police-shootings-justice-department-civil-rights-investigations/
Wilcox, P., & Cullen, F. T. (2010). Encyclopedia of Criminological Theory . Thousand Oaks, California: SAGE Publications, Inc.
