4 Nov 2022

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Law Enforcement and the US Constitution

Format: APA

Academic level: College

Paper type: Research Paper

Words: 832

Pages: 3

Downloads: 0

Law enforcement is part and parcel of the social life because it has an obligation to protect the rights and freedoms of people in the society and also to provide public safety. It is imperative to note that the mission of the law enforcement is carried out in accordance with the constitution, conventions, legislation, and concerned laws. The law enforcement personnel are guided by ethical principles that ensure they perform their mandate with justice, honesty, impartiality, transparency, merit, and accountability. The American constitution is cognizance of the need to ensure that law is enforced in a manner that conforms to the best ethical practices. Therefore, law enforcement professions must dispense justice by upholding the law in a manner that inspires ethical considerations and constitutionality. 

Part 1 

As earlier stated, the law enforcement has a unique role in ensuring that justice and law are executed in both an ethical and constitutional manner. The constitution has provided areas that guide the performance of the law enforcers ensuring that ethics guide their actions. One of the areas that can be used to guide the performance of the law enforcement is on the Bill of Rights or the Amendments. The main function of the Bill of Rights is to protect the basic rights and freedoms of people. Some of the freedoms protected under the Amendments include the freedom of expression, right to speech, consciousness, religion, and bearing arms among others. Once the police act to guide these fundamental rights, then they are acting in the best interest of the public which is ethical ( Perry, 2013). Secondly, the constitution has pronounced itself on the issue of unwarranted searches and seizure of property as something that the law enforcement should not engage in. In this regard, the constitution ensures that the police respect the integrity and property of all citizens. 

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The due process clause ensures that the police adhere to the tenets of justice in pursuing a suspected offender. However, the law enforcement agencies have their own way of ensuring that they uphold the constitution. First, it is through an oath known as the ‘’Law Enforcement Oath of Honor’’ which ensures that they act ethically and protect the constitution. Secondly, they have an obligation of reading and understanding it as a way of executing it properly. The law enforcement professionals benefit from the principles of solidarity, human rights, and equality in creating a society that is just. Through the eyes of the law enforcement personnel, everybody is treated as equal. Braswell, McCarthy & McCarthy, (2017) asserted that all lawbreakers should be incarcerated without fear, favor, or the possibility of a conflict of interest. In building solidarity, law enforcement should focus on rallying community policing and corporation with the police. 

Part 2 

Some of the most common types of crime include poverty, low-self-esteem, parental neglect, and drug abuse among others. All these causes of crime in the society can be described using various theories of crime. Individualists believe that the lack of values among individuals is the main reason why people commit a crime. Crime is, therefore, an individual responsibility of the victim. Therefore, when caught, the victims will suffer the consequences. On the other hand, collectivists feel that social conditions are responsible for the development of crime. Therefore, when everything is in a good shape such as housing and employment, then crime would not happen. However, law enforcement personnel have their unique way in which they view crime in the society. 

The situational action theory explains the etiology of crime by asserting that many causes of crime are situational ( Downes, Rock & McLaughlin, 2016). People commit criminal behavior because they are responding to a certain temptation or provocation. The perpetual deterrence theory analyzes the role of costs and rewards that lead to a particular behavior. People will avoid crime because of the benefits it comes with and the lack of punishment thereof. Another theory used by the law enforcers to understand crime is the routine activities theory that explains the three factors that contribute to crime including the offender, absence of a guardian, and a victim. 

Part 3 

One of the primary problems facing the law enforcement agencies is the community-police relationship. More than ever before, the police are scrutinized for their actions on the citizens and questions regarding their accountability, organizational culture, bias, and their use of excessive force. The solution that could be offered to this issue is that awareness should be made to create positive perceptions about the role of the police. Secondly, all law enforcers should work in the best interest of the citizen always. The second problem regards recruitment and retention. With many retiring, recruiting and retention has been a great problem especially with the risk that comes with the job, public scrutiny, and criticism. Peak (2014) stated that retention has also been a great challenge, especially with the stagnating wages. The remedy here is that police should be better remunerated and people should be encouraged to protect their country. Budgetary constraints have impeded better wages and technological advancements. The government should, therefore, put more focus on allocating funds to the law enforcement departments. 

In conclusion, the issue on the law enforcement and their ethical and constitutional mandate matters because it determines whether people have a just or an unjust society that is filled with police bias, racial profiling, excessive use of force, and extortion among other social evils. It also identifies the critical role of the law enforcers in upholding the constitution and practicing in a manner that best serves humanity. 

References 

Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2017). Justice, crime, and ethics . Taylor & Francis. 

Downes, D., Rock, P., & McLaughlin, E. (2016). Understanding deviance: a guide to the sociology of crime and rule-breaking . Oxford University Press. 

Peak, K. (2014). Policing America: Challenges and best practices . Pearson Higher Ed. 

Perry, W. L. (2013). Predictive policing: The role of crime forecasting in law enforcement operations . Rand Corporation. 

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StudyBounty. (2023, September 14). Law Enforcement and the US Constitution.
https://studybounty.com/law-enforcement-and-the-us-constitution-research-paper

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