26 Jan 2023

59

Maintaining Law and Order

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Academic level: University

Paper type: Research Paper

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Apart from maintaining law and order, the police officers have the responsibility of drafting statements that relate to criminal incidents and investigations. Based on the witnesses’ and victims’ statements, the extent of property and life damage, law enforcement officers can categorize the report either as a misdemeanor or felony offense. There are significant differences between reports on misdemeanors and felonies. Police officers have to ensure that there are correct details to enhance the prosecution process. Biblical teachings have impact on the procedures of writing these reports. Thus, police officers have to maintain a high level of ethical standards when drafting a report on either a misdemeanor or felony offense. Apart from these reports, the criminal investigation also entails both the internal and external statements. The external reports define the police conduct during the investigation, while external statements highlight the findings of the outside sources. These reports are vital in ensuring that the criminal justice system is impartial. In most cases, police officers draft the reports on misdemeanor and felony offenses per the ethical guidelines described in Biblical teachings to ensure that the prosecution procedure is fair and abides by the internal values of the law enforcement agencies and external principles of the surrounding community. 

Admittedly, there are significant differences when writing reports for misdemeanor and felony investigations. In misdemeanor cases, a prosecutor includes the evidence of a crime, as reported by the law enforcement officers. The report must highlight the type of offense, the witnesses and victims, and the investigator’s name ( The United States Attorney’s Office, 2015a ). When highlighting the allegation details, law enforcement officers must describe the type of allegation; it can be harassment or discrimination. Some of the misdemeanor offenses include cyberbullying, evading police, or burglary ( The United States Attorney’s Office, 2015a ). A law enforcement officer must clearly state the conditions that amount to any of these crimes. In misdemeanor cases, the law enforcement agent must include the case number and the date that the crime occurred (Davis, 2017). Any physical evidence and interview have to be included in the report. For example, the report should define the alleged victim. At times, the alleged victim may be different from the complainant. The report has to be written truthfully and objectively. According to Biblical teachings, people who observe justice and act righteously will receive blessings from the Lord (Psalms 106:3). This verse supports the need to document and present the evidence of criminal offense before the court of law. In most cases, a report on a misdemeanor case is addressed to the county offices. These cases are then classified into three groups. The first one is Class A, which comprises offenses such as assault, theft of property, and driving while intoxicated. Class B defines offenses such as possession of marijuana, while Class C comprises offenses punishable by fines and no jail time. One of the misdemeanor reports is traffic accident statements. These reports have to include the facts about the traffic collision; items such as diagrams, photographs, and statements from witnesses should be included (Davis, 2017). Reports on misdemeanors are mostly available to the press. Besides, a misdemeanor report can also include the details of the financial or physical injury to the complainant ( The United States Attorney’s Office, 2015a ). This element is vital since it will allow the court to determine whether a victim is obliged to receive restitution during sentencing. Admittedly, the Bible supports the inclusion of the victim’s statements in a misdemeanor offense. In Isaiah 61:8, the Lord states that He hates robbery and injustice and promises to compensate the offended and make an everlasting covenant with them. During misdemeanor investigation, a victim may be required to write about the extent of damage that the suspect inflicted upon them. 

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Unlike the report writing in a misdemeanor offense, felony cases tend to have more in-depth findings. When classifying a case, a law enforcement officer has to group the offense into either of the five groups depending on the evidence, victims involved, and the property damage. Under Class A felony, the report includes serious offenses such as murder, and it is usually punishable by the death penalty. Unlike misdemeanor documentation, the report of the suspect description case is detailed. Some of the elements included are the suspect’s feet and head features, sex, race, age, weight, body type, hair color and style, complexion, peculiarities, jewelry, type of clothing, and facial hair (Davis, 2017). Besides, the felony case includes professional photographic evidence of a crime. The elements covered may include damage, injuries, and properties stolen or recovered. In felony offense, every detail has to be included to convince the jury. For example, a report on car theft includes points such as year of manufacture, make, body type, bumper stickers, and antenna (Davis, 2017). Besides, the statements from witnesses are longer and detailed compared to misdemeanor cases. The reason is that felony cases do not require the witnesses’ input at every stage of a trial. Thus, the statement provided has to be convincing. According to the Biblical teachings, a person can be charged once two or three witnesses have provided their testimony of the case (Matthew 18:36). Unlike in misdemeanor offense, a single witness is not enough to prosecute a person for a felony case. There has to be a multitude of confessions that are interconnected in the report ( The United States Attorney’s Office, 2015b ). If that is not the case, then a felony case may be reduced to a misdemeanor. Another significant difference between documentation of felony and misdemeanor cases is the style of writing. In most cases, misdemeanor reports are written in a narrative style, which includes the chronological order of the events and the statements from the officer as they discovered the information (Davis, 2017). This format provides facts about a case, but it looks like a textbook report. It is written in paragraph format consisting of the introduction and body. On the contrary, reports on felony cases are written in category format. They include categories such as source of activity, officer's observations and activities, scene, victim statements, and conclusion (Davis, 2017). These sections are distinguished using headers to enable the prosecutor to go through each point. While misdemeanor investigative reports highlight only the essential facts of crimes, the writings of felony cases provide corroborating facts, observations, and testimonies. When recording these statements, the officers and witnesses are guided by the Biblical teaching that warns against accusing someone falsely (Exodus 20:16). This teaching is based on the fact that the sentencing against a felony crime has a significant magnitude. Thus, its documentation should be detailed and in-depth to enhance the trial process. 

Law enforcement agencies have discretions and powers to protect citizens and to maintain and uphold the law as well as a high degree of autonomy to self-police. It implies that citizens place their trust in law enforcement officers and can hold them accountable for their actions or conduct. The purpose of internal and external reports and investigations is to audit the conduct and the operations of the law enforcement officers. Primarily, these reports and statements consist of the analysis of information about police misconduct and related citizen’s complaints. In the Bible, God asserts that the police officers have the authority to maintain order as long as they obey God’s commandments (Joshua 1:9). Hence, the police conduct has to be assessed per the written reports to ensure that they are upholding ethical values. These reports are generated through internal and external policing oversight mechanisms aimed at keeping checks and balances on the operations of law enforcement officers. According to Bobb (2010), police departments in the US have established Internal Affairs (IA) units responsible for internal oversight of law enforcement officers. IA acquires and analyses tips about law enforcement misconduct from within the department, including complaints of graft, corruption, sexual abuse, and misuse or abuse of authority. The body, staffed with trained detectives, sergeants, and investigators, also receive information from citizens, other departments as well as relevant state and federal authorities about police misconduct (Bobb, 2010). Often, commissions such as Blue-Ribbon and Use of Force Review Boards are responsible for acquiring and analyzing tips about police misconduct and reporting on findings and conclusions in the form of internal statements. Therefore, internal statements or reports and investigations provide information about police accountability 

There are instances in which internal oversight of police fails to achieve an impartial audit of law enforcement officers and their operations. In these cases, flaws and irregularities that reinforce injustice and biased results are witnessed, in which the internal commissions buffer police officers involved in misconduct. Bobb (2010) argues internal commission faces immense pressure from police unions and other superior authorities in police departments. These interested parties do not want embarrassing incidents to be exposed to the public or fear jeopardizing the credibility and authority of the police force. Besides, the blue wall of silence also affects the effectiveness of internal investigations, rendering internal statements or reports unreliable. In such instances, external reports are considered appropriate substitutes. They are generated through external oversight and audit of law enforcement officers and their operations. External oversight or control over the police is done by independent outsider organizations with responsibility or authority to investigate complaints against a police officer (Lamboo, 2010). According to Lamboo (2010), external oversight or control of law enforcement can take place through an independent review of the credibility and quality of internal investigations by boards consisting of citizens and legislatures. The purpose of external reports is to ensure that self-policing is reasonable and fair, and are informed by the consistent and impartial investigation. External reports are generated through the independent and external oversight of the law enforcement officers. Civilian review boards are examples of sources of external reports in law enforcement agencies. Bobb (2010) notes that these boards intervene once internal investigation about citizens complain or other kinds of police misconducts have been completed. Review boards examine complete files but cannot order or conduct independent investigations, inquiries, or subpoena witnesses (Bobb, 2010). Arguably, external reports are revised versions of internal audit statements, in the sense that they are designed through rigorous analysis of completed internal investigations. The external statements consist of recommendations to the internal oversight authorities on the quality and credibility of the completed internal statements. Bobb (2010) notes that civilian review boards are limited to giving internal oversight authorities recommendations whether the concluded internal investigation and its report should be sustained, reversed, or reinvestigated. Unlike the internal statements, external reports draw data from secondary sources, primarily the report of a completed internal investigation into police misconduct. Internal reports are usually criticized by interested parties consisting of civilians or the public, politicians, and activists. These audiences demand accountability and responsibility from the police department for the actions of law enforcement officers (Davis, 2017). The public expects law enforcement agencies to uphold the law and protect them. Politicians want to ensure that law enforcement forces are serving the interests described in their manifestos. Activists, especially those involved in criminal justice reforms, review these reports to track the progress made in realizing fair, impartial, and just justice system. Law enforcement authorities also have an interest in internal reports. The findings of these reports inform conclusions and decisions such as termination of contracts of involved officers, demotion, or punishment. Furthermore, the audiences of external reports are police unions, law enforcement authorities, and internal review boards. Police unions monitor the affairs of law enforcement officers and protect their rights. Law enforcement authorities rely on the recommendations contained in the external report to make policy changes. Internal review boards are directly affected by the external reports in the sense that their findings are assessed to determine whether they are sustainable or should be reversed. Notably, internal and external reports must be adequately documented, with clarity and concise. Improper documentation of internal reports can lead to misinformation and loss of public trust in law enforcement agencies. On the other hand, improper documentation of external reports can strain the relationship between law enforcement agencies and the public, mostly when it inconsistent with the facts and does not represent the desires of the public. Overall, the Biblical teachings give the police officers the power and authority to define the type of offense that has a person has committed. Such an offense can either be a misdemeanor or felony, depending on the information collected during a criminal investigation. An officer has to ensure that they follow the guidelines for writing reports on felony and misdemeanor cases. When writing a misdemeanor report, a police officer can use a narrative style. However, a report on felony cases has to be in category format to highlight the significant points of the crime. Within police units, there are internal reports that guide the conduct of law enforcement agents. They ensure that police officers uphold ethical standards when reporting criminal investigations. Some officers rely on Biblical teachings when making statements. These reports are then reviewed by the public and law enforcement authorities. External reports provide the findings of independent bodies. They ascertain that police officers uphold the rule of law and ethical principles. 

References 

Davis, J. N. (2017).  Report writing for law criminal justice professionals  (vol. 2). LawTech Publishing Group. 

The United States Attorney’s Office . ( 2015a, July 24 ). What happens in a misdemeanor case ? United States Department of Justice. https://www.justice.gov/usao-ndil/programs/vwa-misdemeanor 

The United States Attorney’s Office. (2015b, July 24). What happens in a felony case ? United States Department of Justice. https://www.justice.gov/usao-ndil/programs/vwa-felony 

Bobb, M. (2010). Internal and external police oversight in the United States . National PREA Resource Center. https://www.prearesourcecenter.org/sites/default/files/library/internalandexternalpoliceoversightintheunitedstates.pdf 

Lamboo, T. (2010). Police misconduct: Accountability of internal investigations.  International Journal of Public Sector Management 23 (7), 613-631. https://doi.org/10.1108/09513551011078888 

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