Tuesday, November 5, 2013

Forcing Ethics

  

     Police enforce social order through the legitimized "use of force". Use of force means the amount of effort required by police to get compliance by an unwilling subject. The levels of force that police can use include basic verbal and physical restraint, this is also known as "less than lethal force". There is also "lethal force" or deadly force which is defined as the force which a person uses that causes serious bodily harm or death. In most jurisdictions the use of deadly force is justified only under conditions of extreme necessity or as a last resort. Deadly force is seen when other means have failed or cannot reasonably be used. Police officers are taught to only use the amount of force that is necessary to control an incident, effectively make an arrest or protect themselves or others from harm or death (http://www.nij.gov)

Officers have received guidance from their training academies and agencies on use of force but there is no universal set of rules that governs when officers should use force and how much is "enough". Although in most police agencies, excessive or lethal force is rare, the frequency of police use of force that may be defined as "justified" or "excessive" is difficult to estimate. 




We have all seen stories in the news about police officers who go above and beyond what is "necessary" for the situation they are in. This usually results in a lawsuit and the police officer if found guilty will lose their job. I find myself on the fence with the ethical aspects of this issue because it is so hard to define what "excessive force" is since there is no real, defined rule. Each person has their own interpretation of what they find necessary to restrain someone or protect themselves from someone. A lot of the time it comes down to their word vs. the police officers word if there wasn't any video recording from the police car or witnesses. Yes, I think it would be excessive to get physical with someone in a calm environment over something petty like talking back or being a smart-ass. I don't think it is necessary for police officers to slam individuals around, into walls or up against the police car. I definitely don't think it is necessary to beat, kick or hit individuals especially if they aren't a threat (don't have a weapon) or are already secured with handcuffs. I do find it necessary to use excessive force when an individual is highly resistant, is a threat to others around him or her or has a weapon. It seems to occur most often when there are large crowds such as rallies or protests. Also, events of excessive force tend to appear in largely populated areas that are known for having high crime rates as well as gangs. The only time it would be necessary to use lethal force would be when excessive force isn't working or it isn't safe to get close to the individual. Most of us heard about the 34 year old woman in DC who went on a rampage and slammed into secret service vehicles as well as into one of the buildings. Police went against the common protocol and shot off multiple rounds with people around and her young child in the backseat. She was shot in the head and killed and now people are questioning whether or not lethal force was required. Could they have done something else to stop her vehicle? She wasn't armed and her motives were unknown, but no one will ever know if they could have avoided lethal force that day. 




 





excessive force videos

justified excessive/lethal force



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Monday, November 4, 2013

What is all this "fuzz" about the Criminal Justice field?









The criminal Justice field is a system of practices and institutions directed by the government to uphold social control while deterring and mitigating crime. It takes care of sanctioning those individuals in society who violate laws with criminal penalties and rehabilitation efforts. Those accused of a crime have certain "protections" against abuse of prosecution and investigatory powers. 

The criminal Justice system consists of three main parts: The legislative section that is responsible for creating and planning out laws, the adjudication section which is courts, judges, trials, etc. and lastly the corrections section which consists of jails, prisons, probation, parole, and law enforcement. Within the system these three agencies constantly work together to maintain the rule of law within society. 


what are some possibilities?
The Criminal Justice field has numerous areas one could go into depending on their interests and background including:

Criminology
Criminology is a combination of both sociology and criminal justice. It attempts to understand and explain the anatomy of a crime, specifically its causes, costs, and consequences.


  • Criminalist
  • Criminologist
  • Forensic Psychology
  • Penologist 
Law Enforcement
Law enforcement officers focus one preventing and investigating crimes, and apprehending suspects. They also work with the courts to see that criminals are prosecuted.


  • Accounting Forensics
  • ATF Agent
  • ATF Investigator
  • ATF Technician/Professional
  • Border Patrol Agent
  • CIA Agent
  • Coast Guard
  • Compliance Officer
  • Computer Forensics
  • Counter Terrorism
  • Crime Laboratory Analyst
  • Crime Scene Investigator
  • Customs Agent
  • DEA Agent
  • Diplomatic Security
  • FBI Agent
  • Federal Air Marshal
  • Federal Protective Service
  • Fish & Game Warden
  • Forensic Engineer
  • Forensic Odontologist
  • Forensic Science
  • Forensic Psychology
  • Fraud Investigator 

Courts & Judicial System
The courts are at the center of the U.S. criminal justice system. Their primary objective is to determine the guilt or innocence of suspected criminals, and then set sentencing.

  • Corrections Officer
  • Correctional Treatment Specialist
  • Juvenile Probation Counselor
  • Prison Warden
  • Probation Officer
  • Substance Abuse Counselor

My focus:
My focus is on probation and parole since they tend to go hand in hand. Convicted criminals are often placed on probation rather than given a prison sentences. Individuals who've completed their prison sentences often get placed on parole after being released. While on probation or parole, convicted criminals are required to remain drug free, refrain from committing crimes, and adhere to other requirements. Probation/parole officers follow-up with people on parole or probation to ensure they remain crime free and live productive lives (however as you all can assume it doesn't always go as planned). 


Parole officers have similar responsibilities as probation officers, but parole officers monitor released prison inmates.In most regions nationwide, parole is administered by state governments, and probation is administered by county governments.They regularly meet with people they're responsible for monitoring. Parole and probation officers usually meet offenders at state or county office buildings and offenders' homes and site of employment.While serving probation or parole sentences, some offenders are required to wear electronic anklets to keep track of where they spend their time.

In addition to meeting with clients and assisting them, probation officers serve as court liaisons and perform other court related tasks. They write reports, conduct background investigations, and recommend probation or jail sentences for offenders. Often, probation officers gather offenders and their families to summarize sentencing recommendations before presenting them to judges. Occasionally, they testify at hearings to explain their recommendations and provide updates about offenders' progress and setbacks.

Interests, values and assumptions:
The interests of not just parole and probation officers but of the entire criminal justice system are to most importantly help people, to uphold the laws, to maintain society, keep people safe and try to reintegrate people back into society so they can acclimate and succeed. 


The main values are equal justice under the law, access to justice, honesty and integrity, pursuit of excellence, public safety and cooperation and partnership. 

Some assumptions in and about this field are that crime is on the rise especially violent crimes, sentences are getting shorter, prison would be more effective with tougher regimes and that no matter what the criminal justice field does, society will always think they could be doing more. 

In the news: Booze Cruise



I   It's a common stereotype of North Dakota that all we do is wear flannel, drive trucks, listen to country music and drink beer. Although there may be some truth to those funny stereotypes, the DUI and fatality rates are nothing to laugh about. In 2011, there were 4,836 driving under the influence arrests which is roughly 13 arrests a day; of those, 27 were individuals under the age of 18.Over the last 10 years, the DUI rates have gone up dramatically. In 2011, there were 64 fatal accidents that involved alcohol impaired driving (http://www.centurycouncil.org/state-facts). 


    Also, during my internship experience this summer with FPD I learned that Fargo's DUI rates have been on the rise.It could be due to the large college population located close to the downtown bars or the police officers are out there and more aware of the problem so they are seeing more. Driving while intoxicated or even "buzzed" directly affects my field because it creates a lot of effort on law enforcement's part to be aware and catch these people before they cause harm to themselves or others.
 
   
     A popular activity among teenagers and college students who are close to rural areas are frequently participating in what is known as "booze cruising" which is drinking and driving out on back roads with multiple people in the vehicle. Things like this are extremely dangerous and can have devastating results. It effects me in the parole and probation aspect because multiple offenders end up seeing jail time and are often likely to re offend after they get out. It is the job of a parole and probation officer to make sure the individual they are in charge of succeeds and doesn't commit a crime again so there is a lot of pressure there.

      DUI's and driving while under the influence of any narcotic or alcohol not only endangers the lives of the public, it endangers the lives of the driver and or any passengers as well as the police officers, highway patrol or any other law enforcement agencies that are out on the roads. Things like this lead to stories like the one of the West Fargo family, the Deutscher's. They were struck by a drunk driver and Aaron, Allison, their 1 and a half year old daughter Brielle and their unborn baby all died.



Deutscher Family Vehicle


   












North Dakota Penalties:

n       

1st Offense

Class B misdemeanor
$500 fine if below .16
Two days imprisonment and $750 fine if .16 or greater
Addiction evaluation
91 day suspension if below .18
180 day suspension if .18 or greater

2nd Offense in 7 years

Class B misdemeanor
Ten days imprisonment and $1,500 fine
Addiction evaluation
One year in the 24/7 program
365 day suspension if below .18
Two year suspension if .18 or greater

3rd Offense in 7 years

Class A misdemeanor
120 days imprisonment and $2,000 fine
Addiction evaluation
One year supervised probation
One year in the 24/7 program
Two year suspension if below .18
Three year suspension if .18 or greater

4th and Subsequent Offenses

Class C felony
One year and one day imprisonment and $2,000 fine
Addiction evaluation
Two years supervised probation
Two years in the 24/7 program

Additional

Refusal to submit to blood, breath, urine or on-site test is a crime and will result in a minimum of 180 days up to three years revocation of driving privileges.

Criminal Vehicular Injury up to five years imprisonment.

Criminal Vehicular Homicide up to 20 years imprisonment.

Additional penalties may include a $100 operator license reinstatement fee, SR-22 filing (high risk insurance), and impoundment of the motor vehicle license plates or seizure of the motor vehicle.






Reviewing the evidence

     
      One of the main developments that has enabled the Criminal Justice field to advance would be the updated computers and software that many squad cars have been fitted with. I had the opportunity to intern with the Fargo Police Department over the summer and clocked over 150 hours of ride alongs. Needless to say, I got to know these computers very well. At the time, most of the squads Fargo had were just being set up with newer systems and updated programs. They were designed to make things faster and easier for the officers while in their vehicle. From looking up a license plate, reading calls as they come in or looking up an individual they have pulled over or apprehended the new systems make that all faster. Which benefits everyone because the officers can find out their information sooner which can make them safer, the individuals don't have to sit and wait as long for the officer and they are able to find out if someone has a warrant or an "alert" attached to their name without having to look for it. These newer computers also have GPS and real time tracking not only for officer safety but also so officers can see how far their partner is away from a scene. Along with those updates came the ability to enter citation information into the computer and print it via electronic printer that were set up in the squad car. This makes it faster and easier to issue citations and then the individual has it right away. 



     








     Now some people state that while this new technology may improve police work on the streets, it may also be a distraction. When are police officers most likely to use the license plate look up feature? The answer is when they are not on a call driving around in traffic. They have to take away some of their focus from their surroundings to look at the screen. Now, when they are using the system to look a person up via drivers license they would already be pulled over so it wouldn't be a problem. Police officers have to go through training with these computers and learn how to use them but be a cautious and safe driver as well. From my experience, officers usually only run plates when they are stopped at a light or stop sign which decreases the likelihood of them getting in an accident. 













       Interestingly, there has been some talk about the possibility of a new technological advancement of inserting a "tracking chip" into certain people who are on parole and probation. Our society is questioning what additional resources are available to help ease the affliction of crime. With technology growing in leaps and bounds everyday, could it be possible to use technology to limit some of the violent offenses from occurring? Based on developments related to Global Positioning Systems (GPS), the idea is to develop an implant that could track, in real time all parolee's, probationers and sex offenders. Professor of Cybernetics, Kevin Warwick implanted a micro tracking chip into his own arm to demonstrate how humans and computers can work together. He is linked to all the computers and they will automatically pull up his "favorites" on his internet browsing sites.( http://libcat.post.ca.gov)  Now, I just want to say that I don't agree with this concept. I do not believe that individuals should be medically fitted with a tracking chip in their skin. Advocates for this tracker believe that the ankle monitors aren't working as effectively as they could be and are subjected to more tampering, thus allowing more
      crimes to occur.