Words: 1944
The establishment of a more just society cannot be achieved if the principles used to establish this nation are lost. Law enforcement agencies and professionals can use the social justice principles of equality, solidarity, and human rights to help mold society and ensure all Americans that the values used to establish this great nation still hold true today. In order to better understand the role of law enforcement in procuring a more just society one must observe the constitutional standards that allow these agencies to remain dedicated to the people.
The Constitution of the United States is not just a guideline that limits the power Of law enforcement; it is also the ethical and moral standards that each and every law enforcement professional lives by. Certain parts of the constitution are surely more relevant to law enforcement than others but the Constitution as a whole is relevant to us all. The first constitutional Amendment that guides law enforcement agencies and its personnel is arguably the most important.
In Colonial America, customs Writs of Assistance served as general search warrants that did not expire, allowing customs officials to search anywhere for smuggled goods without having to obtain a specific warrant. These writs were issued by courts in British America in the sass. The oppressive nature of these General Writs of Assistance inspired the Fourth Amendment to the U. S. Constitution, which forbids general search warrants in the United States. Thus once again, the founders, whether by luck or phenomenal insight, provided yet another restraint on governmental overreach (Lass Cruses Sun, 2013).
Other constitutional provisions that guide law enforcement agencies and personnel o not necessarily do so on an individual basis. However, the importance of these provisions are just as necessary to securing a just society as the more direct ones. For example, the Fourteenth Amendment states that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (Cornell University Law School, n. . ). Most law enforcement personnel would agree hat the ethical morals behind the Fourteenth Amendment would adhere to the individual rights of all Americans. However, most of the constitutional provisions dealing with law enforcement almost certainly adhere to individual rights it’s equality and solidarity that tend to come into question. This is most certainly true with the Fourteenth Amendment because it covers such a broad spectrum of society. One of the more known constitutional amendments, in reference to law enforcement, is arguably the most thorough, the Fifth Amendment. The clauses incorporated within the Fifth
Amendment outline basic constitutional limits on police procedure. The Framers derived the Grand Juries Clause and the Due Process Clause from the Magna Cart, dating back to 1215. Scholars consider the Fifth Amendment as capable of breaking down into the following five distinct constitutional rights: grand juries for capital crimes, a prohibition on double jeopardy, a prohibition against required self-incrimination, a guarantee that all criminal defendants will have a fair trial, and a promise that the government will not seize private property without paying market value (Cornell University Law
School, n. D. ). The Fifth Amendment basically states that law enforcement and its personnel must adhere to the due process of law. Quite simply, every suspect is innocent until proven guilty. In some instances law enforcement personnel might not necessarily agree with the due process but they will continue to enforce it simply based Off the fact that they would want to be treated the same way if they were ever accused of an offense. Law enforcement agencies and their personnel are committed to the people of the United States.
Each and every peace officer throughout this great nation kook an Oath of Honor stating, “On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the Constitution, the community, and the agency I serve, so help me God. ” (Virginia Association of Chiefs of police, n. D. ). What does this oath truly mean? It means that each and every police officer shares similar ethical and moral principles.
It means that they will strive to utilize social justice principles like quality, solidarity and human rights because they believe in something bigger than themselves. They believe that freedom is the basis for justice, and like the colors that blanket 01′ Glory, freedom will never fade nor flourish. Law enforcement agencies and personnel are indeed committed to the people and communities they serve. They are not only responsible for abiding by the due process of law, they are also responsible for ensuring society remains safe and secure even if that means from itself.
Law enforcement professionals are students in every aspect of the criminal justice System. In order to ensure a more just society these professionals have to understand crime and why individuals partake in criminal activities. The first organized scientific search for the causes of crime came to be known as the classical school. Theorists proposed that people are rational thinking beings and therefore their behavior is the result of a logical thought process (Goad, n. D. ). However, is that always the case? It is extremely difficult to actually learn and understand criminals thought process.
In many cases criminals might be mentally unstable where logic and reason have no effect on the rime committed whereby rendering criminal theory obsolete. While classical school theorists had a simple almost elementary idea surrounding the causes of crime others have a much more complex approach. Dry. Peter Karakas believes that a criminal justice theoretical infrastructure would involve a well- organized and usable collection of explanatory frameworks targeted at making theoretical sense of criminal justice and crime control phenomena. Criminal justice” would be a multi-faceted object of theorizing and would range from explaining individual practitioner decision-making to the exponential growth in power and size of the criminal justice apparatus over the last 30 years. While still acknowledging their interconnections, crime and criminal justice would be treated as dual objects of study-as opposed to approaching criminal justice phenomena as the mere outcome or effect of crime. (Karakas, 2006). Dry.
Karakas believes that there should be a well- recognized theoretical infrastructure based on criminal justice and crime control phenomena vice crime as a whole. He believes that doing so will revolutionize the field and help the criminal justice system better understand rimming acts and why they are committed. While scientific research and theories might offer the most educated perspective on criminal conduct some of the most useful information comes from the professionals facing this conduct on a daily basis.
Police officers and law enforcement professionals have the pleasure of witnessing these act first hand. They get to bare witness to the individuals surroundings, their demeanor and all the different factors that inhibit criminal activity. All of this information can prove beneficial in trying to ascertain the origins of different types of criminal activity. William Wesley composed a study in which he questioned several different officers and their explanation of crime. Wesley study is perhaps the most in-depth examination of officers’ theories of crime.
He posed the question to police, “What kind of person is the criminal? ” Their responses were categorized into four broad categories: 44% of participants “saw the criminal as the average man gone wrong, a victim of his environment”; 28% “as morally weak of deficient”; 19% “as somehow biologically deficient”; and another 19% “as shrewd, intelligent opponent. For each category, Wesley provided a few of he officers’ verbatim answers, which broadly resemble classic and contemporary theories of crime (Allen, Jacques, 2013). What does all this information tell us?
It tells us that the criminal mind, while complex at times, still might relate back to the primitive instinctual impulses of man. While there is still much to learn on the subject of criminal theory, officers and theorists alike can utilize the knowledge gained to build a better understanding of why criminal activity exists and what we can do to impede its growth. Law enforcement professionals are some of the most loyal individuals within society. They live by a code of honor, courage and commitment. They are steadfast even through the eyes of sheer adversity and turmoil.
So why is it then that they must face several different issues that might impede them from doing their jobs? Quite simply, it comes with the territory. One of the main issues that face law enforcement professionals today are the countless regulations and procedures they must follow in order to maintain a constant guideline with the law and its enforcement. The best way to respond to this issue is through mandated departmental training and actual adaptation to the changing times. Another issue law enforcement professionals face today, believe it or not is race.
Recent events have sparked widespread protests across the nation that has law enforcement professionals on their toes. The best response to this widespread revolt is to continue to do the job the people of the nation ask them to do. Law enforcement professionals cannot buckle under the pressure especially when their existence is so important. After all, when you take an oath to serve and protect you must be ready for anything that comes your way even if it is the ere society you swore to protect. The last main issue I see with law enforcement professionals today is domestic disturbances and the responses to them.
This might seem like an odd issue but it is one of the most dramatic and important calls an officer will respond to. The problem is that there is not enough training out there right now in order to prepare officers for these types of calls and the responses they must use. Granted, there are several different scenarios an officer might come across when responding to a domestic call but who says you cannot train to them all? The military approach is to have a plan for every different scenario that might take place.
You must have contingencies set aside just incase something does not go your way or you have to respond in a completely different manner than what you originally anticipated. The best way to respond to this issue is to mandate the necessary training so that all officers have the proper skills it takes in combating domestic violence and the issues that might arise from it. Freedom, as explained early on, is surely not free. Even though it is an implied right to each and every American we must realize that everything moms with a cost.
The criminal justice system, along with the branches that make up it existence, must remain steadfast in its mission to know and understand social and criminal justice and its importance to the American people. Though there are most certainly factors that might impede law enforcement personnel, simple tools such as the social justice principles of equality, solidarity’ and human rights can be used to keep societies faith in the criminal justice system. In so doing, law enforcement professionals and other entities of the justice system can ensure a more perfect union and a purer ore just society for America’s future.