Read the following case studies provided below from the Criminal Justice Ethics 2e, Criminal Justice Ethics: 1.1 this is the case study (Case Study 1.1 Police Brutality in New Orleans).
Examine the case study 1.1 Police Brutality in New Orleans from the perspective of the different ethical theories: deontological ethics and ontological ethics.
See case study that is also at the bottom of these instruction.
No introduction/No conclusion…just below requirements.
PROVIDE THESE REQUIREMENTS:
•Use a level one heading. Provide 400-words analysis on DEONTOLOGICAL ETHICS in which you determine how the different perspectives support or condemn the conduct in the selected case study. Recommend from your analysis which ethical theory resolves the particular ethical issue or issues of the case if it does or not.
•Use a level one heading. Provide 400-words analysis for the ONTOLOGICAL ETHICS in which you determine how the different perspectives support or condemn the conduct in the selected case study. Recommend from your analysis which ethical theory resolves the particular ethical issue or issues of the case if it does or not.
I have provided the written Assignment Grading Form. Use this to ensure the paper meets requirements for a stronger paper.
Cite the references from the case study only.
Case Study 1.1 Police Brutality in New Orleans. See below.
In March 1990 Adolph Archie, an African American, was injured in an incident in
which police claimed he shot and killed a white police officer during a downtown
shootout. Archie later died under circumstances that are still far from
clear. Transporting Archie to the hospital after the shooting took police 12 minutes,
but the distance was only seven blocks. When he arrived, about 100 officers
were present, having heard about the death of their fellow officer. While
Archie was being taken to the hospital, police radios were used to utter death
threats against him, and those accompanying him to the hospital believed there
might be a lynching if he were taken there. According to their account, they
decided not to take him to that hospital, and instead of taking him to a different
hospital, they took him to the police station where the deceased officer had
worked. Here, officers reported there was a scuffle involving Archie and he fell,
causing blood stains on the floor. However, the sergeant at the police station
denied seeing either Archie or the officers and did not ask about the blood
stains, but simply ordered that they be cleaned up.
When Archie finally got medical treatment, it was clear that he had been
severely beaten, but no officers were held responsible. At the hospital, X-rays of
Archie’s injuries disappeared, and staff were unable to record details of Archie’s
name and background. He was injected with iodine, to which he was alleged to
be allergic, for a medical test, and some concluded that this was the cause of his
death. However, other accounts by pathologists reported that he had been
beaten to death. Ultimately his death was reported as a “homicide by police
intervention” by the coroner. Within hours of his death, police Superintendent
Warren Woodfork cleared all officers involved in the incident of any violations
of conduct. Reportedly, the rookie officer who arrested Archie was denounced
by fellow officers for not killing Archie on the spot. Subsequently, in May 1993, a report by the advisory committee on human relations found that some officers had brutalized Archie and that the department had
failed to hold them accountable. The committee noted the existence of a police
code of silence that was supported at the highest levels within the department.
SOURCE: Human Rights Watch 1998.
It was not until 3 years after Archie was beaten to death that reports concluded
that some officers had behaved brutally. Despite the extreme circumstances of this
case, no police officers were prosecuted or sanctioned administratively, largely due
to the police “code of silence,” a part of the institutional culture of the police (see
Chapter 2). However, it is significant that the officers transporting Archie did not
enter the hospital but instead took him to the police station. Archie is supposed to
have slipped and fallen at the police station, and by the time he did receive medical
treatment, he had been severely beaten to such an extent that he died as a result of
what was termed “a homicide by police intervention.” Furthermore, Archie’s family
was compensated by the city in an out-of-court settlement. Ethical questions concerning
police use of force, possible police perjury, and a police cover-up of illegal
acts ultimately surfaced.
These and other ethical issues in policing will be addressed in Chapter 2.
CHAPTER 2- Ethics and the Police
The study of ethics in policing has expanded considerably over the past few years as
cases of police brutality and corruption have surfaced in the media and in the
courtroom. Commentators agree that three issues have shaped the role of ethics in
policing: styles of policing, the police as an institution, and police culture.
Generally, we think of the police as controllers of crime; however, the original
English conception of the role of the police force emphasized the need for police to
obtain the goodwill of citizens in performing their policing duties. The very first set
of instructions to constables, published in England in 1829, reminded the new
police officer:
There is no qualification more indispensable to a Police Officer than a perfect
command of temper, never suffering himself to be moved in the slightest
degree, by any language or threats that may be used; if he does his duty in a
quiet and determined manner, such conduct will probably induce welldisposed
by-standers to assist him should he require it. (quoted in Skolnick
and Fyfe 1993: 70)
When policing came to the United States, there was little concern among police
officers about adhering to legal norms, despite their formal policing role as
enforcers of the law (Haller 1996: 7). In fact, police received little training in law,
and most of those arrested were tried before justices who also had little legal training.
Police were part of the larger political system, seen as a resource at the command
of local political organizations. In the early period, it was common for police
and other public officials to earn rewards by operating rackets (p. 8). Patrolmen
worked on the streets with little supervision, and the main expertise a detective
offered was his knowledge of the underworld. Violence was an accepted
norm, because many policemen believed they were entitled to punish wrongdoers
themselves and, on their patrols, were expected to be able to physically dominate
the streets without resorting to arrest. Police operated in neighborhoods as authority
figures, sometimes whipping delinquent boys as a more effective sanction than
arrest and incarceration. Police commonly used violence to persuade suspected persons
to confess, and newspapers reported interrogations of this nature without
unfavorable comment (p. 22). In addition, the police culture of the time supported
the use of violence in upholding the dignity of the police officer. Over time, and by
the end of the 1930s, police organizations had become large bureaucratic structures
organized along military lines (Walker 1996: 27).
During the 1930s era of reform, police began to narrow their functions to focus
on crime control and the apprehension of criminals, and consequently police
became enforcers of the law with the goal of controlling crime. Other activities that
police formerly engaged in, such as solving problems in the community, became
identified as “social work” and were ridiculed (Kelling and More 1996: 79).
Notwithstanding the police attitude that constructs policing as crime fighting,
many observers of police work regard the primary function of the police to be
peacekeeping. In this view of policing, police occupy their time for the most part by
attending to a range of problems that have little to do with law enforcement. In fact,
they may spend as little as 10–15% of their time engaged in enforcing the law
(Manning 1996: 225).
The Nature of Policing
Commentators on policing have struggled to adequately express and theorize the
nature of policing in society, including its ethical base. Researchers have developed
models of policing to assist in understanding the police function in society; these
models are the crime fighter, the emergency operator, the social enforcer, and the
social peacekeeper (Kleinig 1996: 24–29).
The crime fighter sees criminals as the enemy, and police and the community as
the “good guys.” In other words, police see their role in punitive terms, for example,
treating suspects as though they were already guilty. Perceiving the policing role as
crime fighting runs the risk of ends justifying means and dramatizes policing so as
to condone invasions of privacy and abuse of power. This is especially the case when
citizens have surrendered their right to use force to the police.
The influence of media representations of police, either through police dramas
on television or in reality programming depicting police carrying out their duties,
should not be underestimated. In constructing images of police as “fighters against
evil” in drama and as “protectors of society against permissiveness” in police reality
programs, the media reinforce the notion of the police officer as crime fighter. In
terms of audience response to this entertainment, three notions emerge: that
offenders are professional criminals who are clever and motivated by greed; that the
interests of justice are not well served by liberal judges or lawyers who are preoccupied
with defendants’ legal rights; and that hardworking, dedicated cops are out
there, on the streets, doing their best in the face of these constraints (Beckett and
Sasson 2000: 118).
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The emergency operator model sees the policing role as akin to that of other
emergency personnel like ambulance operators and firefighters. Police offer emergency
assistance, clearing the way for professionals such as social workers, who
provide more substantive problem-solving services. This model emphasizes the
policing mission as dealing with people rather than crime fighting; however, competence
in crime control is still required in this model.
Viewing the police as social enforcers emphasizes coercion as the central feature
of police work (Bittner 1967). This model sees the role of police as addressing many
day-to-day problems whose solutions may require the use of force. The social
enforcer model has been criticized for focusing excessively on coercion as a police
function and for failing to recognize that other members of society may also use
coercion, such as parents and schoolteachers.
In formulating the social peacekeeper model, Pollock-Byrne (1998) and Kleinig
(1996) argue for the need to adopt a broader definition of policing, with Pollock-
Byrne advocating for policing as public service rather than crime fighting and
Kleinig promoting policing as social peacekeeping. For Kleinig, this characterization
offers the most satisfactory definition of the actual tasks that police perform,
and he locates it historically in the Anglo-Saxon notion of the King’s Peace,
breaches of which were considered crimes. According to Kleinig, the peacekeeper
model incorporates the crime fighter and social service models and reflects the
range of acts that might occupy the police in a community (1996: 28).
Skolnick (1975) noted the inherent tension between the police role of enforcing the
law and at the same time protecting citizens, and he considered that tension as irreconcilable.
He argued that police could reconcile this conflict by giving priority to their
duty to uphold the law. Muir (1977) and Goldstein (1977) saw a need for officers to
be trained properly to exercise their considerable discretionary powers, and Muir
noted that because officers are free to choose their style of policing, this enables them
to act ethically or otherwise according to their desires. Delattre (1989) and Sherman
(1985) were concerned about issues of corruption in policing arising during the
1980s. Delattre argued that the best way to ensure ethical policing was to recruit officers
with integrity. Sherman, however, saw the temptations open to police as an issue
constituting a “slippery slope,” where minor acts of corruption would lead to major
acts, unless internal police controls and accountability sanctioned those minor acts.
Police as an Institution
The institution of policing has been perceived either as a profession or as a bureaucracy.
Kleinig sees the police as possessing some of the aspects of a profession, such
as discretionary authority and providing a public service, but not others, such as the
possession of higher education and special expertise (1996: 30–46). The importance
of the distinction between a profession and a bureaucracy for the study of
police ethics is that professions emphasize ethical standards and a service ideal.
Police commonly define themselves using the rhetoric of professionalism, sometimes
to deflect criticism, arguing that outsiders are incapable of understanding
police work and therefore should have no say in its performance (Walker 1996: 29).
Chapter 2 Ethics and the Police 25
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Police Culture
Individuals within institutions carry out roles defined by the rules, regulations, and
procedures of the institution, and these roles and their relationship to each other
make up the structure of the institution. However, there is another dimension to
the workings of an institution that commonly includes the attitudes, values, and
norms of that institution, collectively described as the institutional culture. This culture
largely determines the way in which institutional activity is performed, adding
another layer to the official rules, regulations, and practices of the institution.
A number of commentators have attempted to analyze aspects of the police
institutional culture. Manning (1997: 4) argues that it is the occupational culture
interacting with regulations, policies, law, and politics that constitutes the driving
force of policing. For Manning, immorality, violence, and lies are routine in policing;
teamwork is essential; and secrecy is endemic. Sherman (1982) identifies a set
of values that new police officers acquire through their training process, through
conversations with veteran officers, and in interactions with the public. These
include the notion that enforcement of the law is not limited to the question of
whether an offense has been committed but also includes the nature of the suspect.
Accordingly, aspects of the individual such as demeanor, the degree of cooperation
with police, race, age, and social class are all significant considerations in law
enforcement decision making. In a somewhat similar way, the institutional culture
views any show of disrespect for police authority as a matter of great concern, and
the perpetrator of such behavior is likely to be punished by arrest or use of force.
In terms of the use of force, the culture requires that police should never hesitate
to use physical or deadly force against those who deserve it. Given that the role
of police is to fight crime, police culture views due process as a process that merely
protects criminals and therefore as something that should be ignored when possible.
From this perspective, rules concerning the protection of suspects and accused
persons should be circumvented when possible, because the function of such rules,
so far as the police are concerned, is simply to handicap them in carrying out their
true functions. Similarly, lying and deception are considered integral parts of the
police function. Loyalty is a paramount duty, and the protection of one’s colleagues,
even when they perform acts of misconduct, is considered an overriding principle
of police work. Finally, because the police engage in “danger work” in the protection
of the public, it is considered appropriate for police to accept gifts from the
public such as free meals, coffee, and Christmas gifts. Sherman (1982) contends
that police culture argues in favor of taking a reward that has no impact on what a
police officer would do, such as eating a meal, but he argues that the culture rejects
acceptance of money that would affect the policing task itself, such as accepting
money for not giving traffic tickets. Sherman judges that these values have weakened
over time due to diversity within the police, the power of the police unions to
defend individual officers, and the rise of investigative journalism, which has
uncovered corruption in high places. Additionally, he points to the fact that police
chiefs have taken significant steps to counter aspects of institutional culture.
In his explanation of police culture, Crank (1998: iii) argues that existing literature
oversimplifies the police, describing them in simplistic terms and minimizing
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the complexities of their employment. Crank presents various themes that he
argues characterize police culture, ranging from “coercive territorial control” (the
notion that the police view much of their work by reference to the use of force in
controlling their assigned territory), to the vision of the police as “the new warriors,”
to guns as the ultimate expression of police authority. Crank extends his
discussion to include the importance of suspicion in police work; the theme of “turbulence
and edge-control,” meaning triumph over unpredictable events, and cultural
themes of solidarity. Other writers have identified suspicion as a characteristic
of police work and the police personality, but Crank argues that it is a feature of
police culture, a characteristic of the police worldview that provides a basis for all
interaction between police and citizens. Importantly, in his discussion of the construction
of police morality, Crank suggests that the police perceive themselves as
“representatives of a higher morality embodied in a blend of American traditionalism,
patriotism and religion” (1998: 151).
Muir (1977) argues that police loyalty results in complicity. Once a police officer
breaks or violates a rule or standard, he or she is bound to remain silent about other
officers’ violations, even if they are more serious. Scheingold (1984) asserts that
there are three dominant characteristics of police culture:
1. Cynicism. Police view all citizens with suspicion, and all citizens are seen as a
“problem,” especially if they can be categorized into a “type.” Those who can be categorized
are to be dealt with as though they have already committed a crime,
because they probably have. The very nature of police work leads police to the conclusion
that all people are weak, corrupt, and/or dangerous.
2. Force. This is to be used in all situations where a threat is perceived. Threats
can include perceived threats against the officer’s authority rather than physical
threats, so that anyone with “an attitude” is thought to deserve a lesson in humility.
Force, then, is both expressive and instrumental. It is a symbol of the officer’s
authority and dominance and is seen as the most effective method of control,
because it keeps all people in line.
3. The Police Are Victims. The idea that the police are themselves victims of
public misunderstanding and scorn, recipients of low wages, and victims of vindictive
administrators sets police officers apart from other people and legitimizes
and rationalizes a different set of rules for them. Police perception is that the
public does not mind when the civil rights of “criminal types” are violated; they
are only upset when police misconduct targets “good people.” A study of community
policing in Seattle, observing interactions between police and the community,
reveals how police see themselves as “members of a politically vulnerable
group that deserves protection from ill-informed public meddling; they possess
an authority to control situations to which the public should defer; they command
a unique base of knowledge, and thus deserve an elevated professional
status” (Herbert 2006: 86). Commentators, therefore, generally portray police
culture as negative, defensive, and isolationist. In contrast to this portrayal, police
often promulgate statements of values or of their policing mission that are positive
in nature, as in Box 2.1.
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