Leadership Personal Issues and the Rules of Law

LEADERSHIP PERSONAL ISSUES AND THE RULES OF LAW 7

Police career path is often presented with challenges but it anexciting profession. Despite the fact that the police are oftenviewed to show some of the most exciting scenes in regard to theirjob descriptions, a lot of people are still interested with theexcitement that the job brings regardless of their academicqualifications. However, there are higher post-secondary educationrequirements that the police hiring agencies are interested withbefore they allow one for recruitment.

The police hiring agencies use a number of different recruitmenttechniques that attracts the best applicants. This include a visit totechnical schools, universities, and even community colleges are acommon recruiting practice used by the hiring agencies (DeLisi,2010). Before recruitment, potential applicants are often notifiedthrough advertisements in newspapers, career fairs, radio andtelevision, and recruiting websites on internet. Before the hiringagency examines the education qualification aspect, they useExplorers program as another way of sparking interest early in theyouth populations. All these recruitment efforts are very importantin that they have a direct impact on the quality of the policeofficers that will ultimately be hired (Smith &amp Michigan JudicialInstitute, 2006).

According to Bennett et al., (2007), nearly all the local policeagencies across the world but most preferably the United States havesome kind of education requirement as part of recruitment and hiringstandards. 82 percent, which is the majority of most local policeagencies demand that applicants must have a college diploma, whileanother 6 percent demand higher diploma but no degree. Another 9percent require that applicants should have a 2-year degree andanother 1 percent, a 4-year degree. When all these statistics arecompared to those from the previous decades, it is evident thatpolice officers are now becoming more educated over time.

By having such a higher qualification, the question that oftenarises is: Does and increase in the level of education requirementsresult in being a better police officer? To answer this, the level ofeducation matters a lot in the competency and the reliability ofbeing a police officer. To begin with, Wilson et al., (2010) notedthat promotion on the job and receiving benefits from cultural andsocial standing present more opportunities to the police officerswith higher education qualification than others. Again, jobsatisfaction is also important since it is correlated to decreasedturnover of workers and reduced absenteeism especially those withhigher education qualification.

There are fundamental differences between arrest without warrant andsearches and seizures without a warrant. Again, there is acontrasting comparison between arrest with a warrant and searches andseizures with a warrant.

Arrest without a warrant or better known as warrantless arrest is anindividual arrest without using issuing a warrant. DeLisi (2010)noted that as of 2006, a police officer may issue an arrest without awarrant to any offender who is about or currently engaging in anoffense. Or any person police officers with reasonable sense believehe or she is guilty of an offense.

Searches and seizures is contrasted from an arrest as a procedure inmany common and civil law legal systems in which the police or anyother authorities with their agents, that suspect the a crime hasbeen done, performs a search on a person or his or her property andconfiscate evidences to the crime without a warrant (Bennett et al.,2007).

On the other hand, arrest with a warrant also referred to as warrantof arrest is a warrant that a judge issues on the state’s behalfthat authorizes the arrest of an individual followed by a detention,or even seizures of an individual property (Wilson et al., 2010).Searches and seizure with a warrant is a warrant that is issued by ajudge that authorizes police officers to search a specific place andseize particular items. For law enforcement police to acquire asearch warrant, the police must show the possible cause that aparticular crime was committed and items stolen are likely to havebeen found in a specified place shown by the warrant.

The Fourth Amendment is part of Bill of Rights, which prohibitsunwarranted searches and seizures without the need of any warrant forquick judicial sanction and support by a probable cause. Therationale behind areas of arrests and searches and seizures adoptsresponse to writ of assistance abuse, a kind of search warrant by thegovernment of Britain and a mild source of tension during thepre-Revolutionary America (Smith &amp Michigan Judicial Institute,2006). Search and seizure, under the fourth amendment, should only belimited in scope as per the supplied information to the issuingperson, more often the law enforcement officer having sworn by it.According to DeLisi (2010), the rationale behind searches andseizures, under the Fourth Amendment, has since been withheld to meanthat an arrest or a search generally requires a sanctioned judicialwarrant since the basic rule under the amendment is that searches andarrests conducted outside judicial proceedings, without priorapproval by the magistrate or a judge, are unreasonable. For such awarrant to be regarded as reasonable, it has to support a probablecause to be limited in scope as per specific information provided.

In the manner of police ethics, there are many ways in whichpacker’s due process model and crime-control model differ. HerbertPacker came up with two models, the due control model and crimecontrol model to represent two values of competing systems thatoperates within the criminal justice. In contrast, crime controlmodel attempts to deter criminal activities by all means although itis less protective of the rights of individual. The model is in favorof the idea that the rights of an individual must be put aside forfirst maintaining the public safety (Bennett et al., 2007). On theother hand, Due Process Model offers credence to the idea that aperson cannot be deprived of liberty, property or life without takingappropriate safeguards or taking legal procedures. For example, whena person is charged with a crime, he or she is required to have hisor her rights protected by a criminal justice system under this model(Smith &amp Michigan Judicial Institute, 2006). This model is basedon the assumption that for law enforcement, it is an absolutereliability of the police fact. In the due process model, distinctivewith the crime control model, individuals that have been arrested areto be perceived as innocent until they are proven otherwise in acourt of law, unlike the crime control model that believesindividuals arrested in the criminal justice system could have anegative effect and thus slows down the criminal justice systemprocess.

From my opinion, the due process model since it reflects on liberalvalues rather that conservative values. This is because it is acounterproposal on the crime control model followed by arguments thatbacks instances of ethical violations. From the model, vital functionthat criminal justice provides is the due process or fairness underthe law. The model proposes concentration on the defendant’s rightsrather than that of the victim’s although the Bill of Rightsprovides protection to the rights of the defendant. Again, the modelsupports the criminal justice that held accountable the rules,guidelines, and procedures that ensures consistency and fairness inthe process of justice (DeLisi, 2011).

The model also gives the police more powers that are unethically usedto oppress individuals. The process of criminal practice as been madeto resemble an obstacle course that consists of a number ofimpediments, which take procedural form safeguards that, serves asmuch to protect factually the innocent in order to convict theguilty. The model also proposes that the government should term anindividual guilty only on the evidence of facts but should only befound guilty when the government follows only the legal proceduresduring fact-finding (DeLisi, 2011).

There are situations where the police supervisors could be heldliable due to their fellow officers’ general misconduct. Accordingto Bennett et al., (2007), courts are increasingly demanding that theplaintiffs show constitutional rights violation to have beencommitted with a particular level of culpability on the defendant’spart. On the police officer’s side, one of the situations he or shecan be held liable when they violate certain federal laws. Forexample, police enforcement officers can engage in non-criminalcharges and unlawful activities while under their authority that in alot of instances may not result to criminal charges but underdisciplinary actions like falsifying information, racial profilingduring a search warrant, harassing particular groups, planting falseevidences on suspects without prove, or fabrication of reasons todetain individuals (Smith &amp Michigan Judicial Institute, 2006).All these present a hypothesis that these kinds of offenses alongwith other acts could constitute false arrest, falsifying evidences,malicious prosecution, or committing perjury that may make a policeofficer liable for their officers’ offences.

Secondly, a police officer can be held liable for his or her fellowofficers’ offences when they use excessive force. A police officermay be presented with a list of charges against him or her during adefendant’s arrest or detention. The officers may have beenwitnessed or videotaped by bystanders harassing the defendants thatare already handcuffed, or are seen ruffling a helpless defendant, orother form of detention (Wilson et al., 2010). Again, they may beheld liable to having shot an unharmed defendant. However, a lot ofthis alleged officers brutality must be thoroughly examined of allthe circumstances and facts that surround it before making theliable.

References

Bennett, W. W., Hess, K. M., &amp Orthmann, C. M. H. (2007).Management and supervision in law enforcement.

DeLisi, M. (2011). Criminal justice: Balancing crime control anddue process. Dubuque, Iowa: Kendall/Hunt.

Smith, T., &amp Michigan Judicial Institute. (2006). Issuance ofcomplaints &amp arrest warrants and, Issuance of search warrants.Lansing, MI: Michigan Judicial Institute.

Wilson, J. M., Rostker, B., Fan, C.-C., &amp Rand Center on QualityPolicing. (2010). Recruiting and retaining America`s finest:Evidence-based lessons for police workforce planning. SantaMonica, CA: RAND.