4 Sep 2022

72

The Ethics of Policy Making

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In the United States there are multiple levels of law enforcement.  These levels are federal, state, county, municipal, and local.  It is estimated that the US has over 18,000 different operating law enforcement agencies, and over half of them are small departments with ten or less employees (CITE).  Although agencies can work together, the structure is decentralized, meaning administrative power is given to each agency to enforce in their own jurisdiction.  There is some overlap, as federal agencies can function anywhere in the United States, and state agencies have jurisdiction anywhere within their state; it’s the same for county agencies working within municipal or local jurisdictions with separate police agencies.  Regardless of the thousands of different agencies across the country, they all serve the same basic functions: to protect the community and enforce the laws.  

The lower level agencies, such as county, municipal, and local, are the authorities most people see.  They are tasked with patrolling neighborhoods and investigating local crimes. These are the officers thought of when people think about law enforcement in general. Because local law enforcement constitutes the majority of law enforcement officers, they face many ethical dilemma and policy issues on a daily basis. The following will discuss two specific issues police officers must contend with. The first ethical issue to be examined is the acceptance of gratuities from the community; the second issue will address policy, specifically the lack of policy for continued physical fitness evaluation. 

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Ethics of Gratuities 

Scandals involving the law enforcement officer have continued to raise various concerns about the integrity and ethics of the law enforcers. Although these scandals have involved just a few individuals within the force they have put in doubt the readiness of the officers to serve the public. Corruption within the forces has remained mystical despite the numerous commissions tasked with fighting the issue. While it may be thought that it’s only the rogue officers who are tainting the image of the law enforcement agencies this has not spared the others on the court of public opinion. While these officers depend on public goodwill to fulfill their duties to the citizens it also raise the ethical dilemma of gratuities. However, recent studies show that the public have great faith in the ethical standards of the law enforcers. 

Any ethical discussions must be held on the basis of integrity. Integrity is a sum of desirable acts that one must possessed by holders of any office and also at a personal level. Some of the virtues that are appreciated as ethical within the police force is discretion, upholding justice, taking responsibility, prudence, trust and loyalty. Corruption within the force has been through burying and tampering with evidence, falsifying of police records and reports, planting of drugs on innocent citizens and misappropriation of funds from drug possession and other morally unacceptable acts. ( Coleman 20004) 

The current challenges in the local law enforcement agencies that are related to corruption have many reasons why these challenges are there today, these reasons include; the culture of the law enforcement agencies. Just like any other agency or job the police force have their culture too. This culture may be different in different states but it is somewhat related. The culture within the force is one that is seems to condone corruption. The nature of the oversight and punishment on the rogue officers also affects officers, the nature of task that officers find themselves in. for instance local law enforcers within the traffic department are more likely to be corrupt. Also the factors that motivated one to join the force also contribute to corruption. Some officers join these law enforcement agencies out of personal good will these are passionate about their jobs and it is very unlikely for this group to corrupt the police. On the other hand people who joined the force as a last result are very likely to be corrupt, they are likely in the force for a livelihood other than to serve the public. (Barker 2011) 

There are numerous solutions that can help tackle these challenges and have a more ethical standard and acceptable force in the society. One that will premised on the core values of integrity, good governance and service delivery. Although there are many challenges facing changes in the police sector it is widely accepted that the local law enforcement agencies can be reformed. Some of the solutions to these challenges are reforms need to be implemented, that focuses on recruitment, the area of specialization and also on the training. Also the government should increase the remuneration of the officers in an effort to build a new reputation and culture within the force. The agencies put in place to check on corruption need to change their act, they need to be tough on the officers they also need to conduct public sensitization programs. 

Physical fitness testing of officers 

Individual have moral obligation and legal obligations to ensure that they attain and maintain physical fitness. It is the societal believe that law enforcement officers should be physically fit so as to combat crime in the best possible way. However, research shows that most officers are not physically fit. One would say that the society is no longer bothered by fitness issues. Today many people are faced by health challenges because they have not watched their eating habits neither have they maintained their fitness. It thus becomes ethical impermissible to castigate law enforcers for not being physically fit. However, being fit should be an individual effort and one should not look at the society and take their own initiative to being fit whether in the public service or not. 

Today most officers are not physically fit even though they joined these agencies when lean. While officers have to make the physical cut when they are applying for their jobs. However, there are no policies beyond the recruitment stage. While there are tough policy guidelines at the recruiting stage there are no policies that exist on fitness of officers after joining the agencies. While there are no moral justification for physically fit officers, as long as they perfume their duties. 

The gap in policies between the federal and the local government has led to having unfit officers. While the federal government through policy and law requires that the officers from the academy to be fit when graduating, they leave it at that. (Chan 1996) The federal government feels that once out of the academy it is the duty of the agencies they are serving into help them be physically fit. While being fit it is an individual’s, one is not morally on legally liable to any kind of criticism or bashing. The gap in policies needs to be looked into so that the agencies can have physically fit officers. In as much as the officers have moral and legal obligation to their jobs to be physically fit their agencies to have a responsibility too. These agencies should provide refresher courses to their officers, since it is difficult for them to be fit as they are still in service. 

While some officers have admitted that being physically unfit is a challenge they however, blame the local government and their agencies for this. For instance physical tests were abolished in LA in 1995 when the trade unions negotiated for salaries. Physical fitness has been left as a duty to the officers and when they may get hurt while exercising they have to take the blame. 

Political influence on policies 

The political influence on policy formulation is huge and immense. Politicians and political scientist are mostly tasked with the duty of formulating policies in most governments around the world. Unlike technocrats, who view issues on the perspective of development and resources, political scientist who formulate policies normally borrow from other countries policies that have worked and implement them in their country. Politicians also have great influence on the kind of policies that get to be implemented. Politicians have great lobbying skills so does the civil society and the wealth in the society. Normally the policies that get to be pursued by a particular regime are a reflection of the regimes manifesto. Political influence on policies in the security agencies is high this is because politicians have shares in the security agencies. It is not morally permissible for politicians who are investors in the security agencies to influence the policies. Also legislatures who represent the trade unionist and workers in the houses have great influence on policy formulation in relation to the workers. Trade unions also have great influence on the policies formulate, although trade unions are not partisan to any party they have influence on the policies formulated. 

Recommendations. 

Policy formulation is an important part of the development process in any society it therefore needs to be handled with a lot of caution. The law enforcement agencies have faced a lot of challenges, these challenges can be eliminated through the good policies. The policy formulation process should be an open proves that should involve the all the stakeholders in the society this should include the law enforcers, the agencies and the general public. This will ensure that there is no conflict of interest when the policies are formulated. It will also seeks to eliminate any show downs that are often there between the workers, the local government and the agencies. 

The law enforcement agencies need to be more receptive to the government policies, they need to put service delivery at the fore front of their operations. These agencies need to treat their staff all equally and so as to avoid any wrangles and the disruption of services. If the agencies abide by the government policies and take into consideration the workers then they will be able to demand for better services from their workers. The governments also need to put the agencies on their toes so as to have better delivery of services. 

Conclusion. 

Policies being an integral part in the achievement of government projects and manifestos need to be put to the moral and legal scale. Ethics provide a good way of put into perspective the law enforcement agencies and policies that are involved in the security sector from the federal governments to the local governments. 

References 

Barker, T. (2011). Police ethics: Crisis in law enforcement . Charles C Thomas Publisher. 

Caldero, M. A., & Crank, J. P. (2010). Police ethics: The corruption of noble cause . Routledge. 

Coleman, S. (2004). When police should say “no!” to gratuities. Criminal Justice Ethics , 23 (1), 33-44. 

Chan, J. (1996). Changing police culture. The British Journal of Criminology , 36 (1), 109-134. 

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