Criminal Justice Ethics
Case Study Paper:
The final assignment for the course is a 5-page (double-spaced, 12-point Times New Roman
font, 1-inch margins) paper analyzing one of the case studies (not videos) covered in the
course.
It is worth 50 points.
The papers must analyze
one of the four cases discussed during the semester and should be organized in the
following manner and contain the following subheadings:
• Statement of the problem
o What is the ethical problem or dilemma posed by the case study?
o What is at stake? What are the consequences associated with the decision that
must be made?
• Application of Theory
o Analyze the problem using at least two (or more) of the ethical theories covered
in the course. Use APA style references as appropriate.
o What would the likely outcome of the case be under each of the theories?
• Conclusion
o How would you decide this case?
o What are the possible counter-arguments to your position? How would you
respond to them?
The book to be cited would be
Criminal Justice Ethics
Cyndi Banks 5th edition
Defunding the Police
Statement of the Problem
A code of ethics has been established to guide the law enforcement group including loyalty, allegiance, courage, and honesty. Simply put, the code of ethics guides the law enforcers in doing the right thing and serving the people regardless of their community (Louise & Steve, 2020). However, in recent years the police have publicly been criticized by activist groups, the public, and the media for constantly demonstrating violence, particularly in the minority communities such as the African American communities raising concern regarding ethics in the law enforcement sector.
Ethical Problem
On May 25, 2020, The United States and the world at large were sent to a shock after a 46-year-old black man known as George Floyd was publicly murdered in the streets of Minneapolis by a white police officer known as Derek Chauvin. George Floyd had been arrested on suspicion of having a $20 that was alleged to be counterfeit. The arrest captured by witnesses demonstrated George Floyd being pinned to the ground by the officer who did not listen to George’s pleas that he could not breathe (Louise & Steve, 2020). The event led to the suffocation and eventual death of George Floyd over an event that could have been easily solved if he was arrested in the right manner. This event raised a lot of concerns and questions regarding the ethical code of conduct among police officers especially when it comes to serving the minority communities in the country. Fortunately, video footage by bystanders brought to light the ongoing atrocities carried out by brogue police officers, atrocities previously ignored due to lack of evidence. Many suggested that the consequence of the action and other related actions should be defunding and reducing the resources allocated to police departments to deal with their repeated instances of misconduct.
What is at stake and what consequences?
Defunding the police entails cutting down their budget and decreasing the resources allocated to their departments. While many assume that this would be the first step to minimizing the many instances of misconduct, it would also create a dangerous situation for many communities especially those prone to violence and crime. Despite the many cases of violence and misconduct, police have been instrumental; in bringing peace to some of the violent and crime-prone communities. Defunding the police would result in increased chaos in these communities (Louise & Steve, 2020). Less budget would also mean that there are no adequate resources to provide officers with cultural-awareness training and how to use their forces. Moreover, it is important to consider that not all police officers are rogue, therefore, it is wrong to punish the good officers because of the misconducts of their rogue counterparts.
Application of Theory
Utilitarianism Theory
This ethical theory determines what is considered right or wrong from, the outcomes. If the outcomes of an action are right then the action is considered to be appropriate, however, if the outcomes are negative, the action is considered wrong. In this case, the role of the police includes serving the people by providing them with safety and security (Banks, 2018). The expected outcomes are that their actions will lead to the well-being of the society by improving peace and security. Their actions while at work should result in the best positive outcomes possible. However, as demonstrated by their repeated misconduct instances, it is clear that their action is ethically wrong as they are constantly leading to continued endangerment of the public, particularly for those from minority communities (Ugonna & Mgbechi, 2019). For instance, the action of officer Derek Chauvin led to the death of a black man who was not even resisting arrest. For his actions to be considered to be ethically right, Derek should have arrested George Floyd the right way and taken him to jail if he was indeed in possession of the counterfeit bill to await his court case.
The actions of Derek Chauvin’s actions can be considered to be unethical and unprofessional warranting high levels of punishment. In addition, they were a reflection of the rogue behavior demonstrated by many other officers in the force (Louise & Steve, 2020). The result of his action led to his arrest and he was charged with manslaughter. His actions also sparked a public uproar triggering increased emphasis on the gross misconducts of rogue police officers with many suggesting that the only way to punish this unethical misconduct is through defunding.
The Virtue Theory
Law enforcement agencies emphasize that their officers be on their best behavior to reflect the values of their agencies. Concerning suspects and offenders, the theory argues that the state in this case police officers is obligated by duty and ethics to recognize offenders and criminals to form their moral character via rational choice-making even while under state supervision (Banks, 2018). In this case, George Floyd and other arrested suspects should be treated as equal citizens and arrested through the right procedures unless when the suspect is resisting arrest or responding through violent measures. This case was a reflection of the poor morals and values that a big percentage of the law enforcement sector is built upon.
When the agency identifies the characteristics they require in their officers they have a high chance of attracting candidates with these characteristics. Failure of doing these results in them hiring officers who lack integrity and fail to observe their code of ethics. For instance, the US police agency has been characterized by numerous cases of misconduct, violence, and aggressiveness towards the blacks and other minority communities (Banks, 2018). From a public and media perspective, law enforcement agencies are characterized by corruption, violence, and misconduct (Louise & Steve, 2020). Therefore, the agency fails to reflect proper values to the community owing to the bad reputation that it has built upon over the years. Therefore, it becomes difficult for the agency to attract well-behaved officers who can positively reflect the values of the agency. This explains why the police agency is characterized by a bad reputation with officers such as Derek Chauvin among many others demonstrating the rotten section of the law enforcement agencies. With such a bad reputation it is difficult for the well-behaved officers to be recognized and appreciated as their actions are overshadowed by those of the rogue officers.
Conclusion
For many years, law enforcement agencies have been associated with violence and aggressiveness, particularly towards minor communities. Unfortunately, most cases have not been brought to light due to a lack of sufficient evidence. The publicized case of George Floyd among many others is a clear illustration of the lack of ethics in the police sector. The utilitarian and virtue theory in detail explains the wrong actions of the police and how they reflect the state of the law enforcement agency in the US. The utilitarian theory argues that the outcomes of an action show whether the action is right or wrong. In the case of George Floyd, the actions of the officer led to the death of Floyd making his actions wrong. From a virtue theory perspective, the rogue actions of Derek Chauvin are a reflection of the unethical and unprofessional behavior upheld by most officers. However, it is important to consider that other well-behaved police officers observe their code of ethics and act accordingly.
How I would decide this case and Counterargument
The repeated misconducts of the police demonstrate that indeed there are a lot of rogue characters in the force who need to be punished. Defunding the law enforcement agencies is however not the police. Most police officers have been instrumental in improving the scrutiny of the American communities. The current peace and security encountered in most of the neighborhoods can be attributed to these officers who have dutifully played their role. Therefore, it would be wrong to defund the whole police department due to the misconduct and errors of a few in the department. The bests strategy is to identify rogue police officers and subject them to heavy punishments so that they can serve as examples to their peers (Banks, 2018). The other strategy is to invest in training regarding cultural awareness and the use of force to ensure that the officers understand their roles and extremes that they are not around to go to. This way they will have increased capabilities and knowledge to even deal with resistant suspects and offenders without causing harm. Training should be provided during recruitment and also regularly as the police officers continue with their service.
References
Banks, C. (2018). Criminal Justice Ethics: Theory and Practice. SAGE.
Louise, W., & Steve, C. (2020). Police ethics and integrity: Keeping the ‘blue code of silence. International Journal of Police Science and Management, 22(4), 378-392.
Ugonna, A., & Mgbechi. (2019). Multidimensional Ethical Dilemmas of Contemporary Organizations: A Literature Review. International Journal of Innovation and Economic Development, 5(3), 7-18.
