Ethics And The Criminal Justice Sytem

Welcome back to Ethics 101! 😁

Today’s blog will highlight bribery as an unethical issue in the criminal justice system, especially among law enforcement officials such as police officers. Is it ethical for police officers to accept bribes from citizens? Is it right for the wealthy to evade the law, simply because our officers can be bought? I think not!

According to Gan Integrity Glossary, Bribery refers to the “criminal and corrupt practice where an entity offers something of value to a corporate or public official in exchange for their cooperation in influencing a decision-making process, committing or allowing fraud against the official’s organization, or otherwise violating their official duties”(Gan Integrity, n.d.). In essence, bribery is the unethical act of influencing someone’s decision or allowing them to think a certain way by offering them valuable items or cash. 

Is the Bribe Worth it?

The Corruption (Prevention) Act (section 14, subsection 1&2) clearly warns against bribery, and states that any such act is an act of corruption, for which the perpetrator will be held liable to prosecution for the offence. It is sad to know that bribery has been and continues to plague the criminal justice system in more ways than one. Politicians are one of the many groups of individuals who are guilty of offering bribes to citizens. During the Jamaican election period, it is a popular campaign tactic to offer money, empty promises, chickens, water tanks and other items to citizens in exchange for their votes. This is unethical and our ministers need to do better and put an end to this culture, as it is the root from which all other forms of corruption begin. This ethical issue goes against “justice, equality and fairness’’, the pillars on which the criminal justice system was founded thus the CJS is failing the society at large. Imagine our officers who are tasked with serving and protecting us, violating the law and condoning the actions of law breakers! In Jamaica, it has become a trend for many police officers to accept bribes while on traffic duty. So, rather than giving drivers tickets for dark tints, speeding, no seatbelt, or otherwise these officer accept cash and allow these traffic violators to go free. A gleaner article dated September 2019, highlights one scenario in which three police officers were accused of breaching the Corruption Act by soliciting $6000 from a motorist who committed a road traffic violation. They were charged, offered a $200,000 bail and scheduled to return to court at a later date (Jamaica Observer, 2019). Accepting the bribe was definitely not worth it. 

Ethical or Unethical?

Bribery is clearly unethical and morally wrong; therefore, police officers and other law enforcement officials should refrain from participating in such acts, not only because there are negative consequences but because it goes against their code of conduct. These criminal justice practitioners are responsible to serve and protect all, not just those who are able to “afford your price”. This can eventually lead to citizens losing faith in the justice system, as it would appear that the scales are tipped in the direction of those with bigger pockets. 

A New Way of Operating

In order to improve the Criminal Justice System, 

it is imperative that law breakers are held accountable no matter their class, financial situation or job title.

the various oversight of the CJS must keep a watchful eye to ensure that the laws are not being broken by those who are tasked with enforcing them

the various disciplinary bodies of the CJS must ensure that such acts of corruption are met with serious consequences in an effort to prevent reoccurrences. 

these officers must be constantly reminded that “No one is above the law” and that it is their duty to deliver justice to all. 

One cap must fit all as it relates to the obedience of the law and justice should not have a price tag; therefore, realistic changes must be made within the field of criminal justice to ensure that bribery (a popular act of corruption) is minimized.

Educate Yourself, and Make the Right Choice! Stay Tuned for More- Zorian Clarke

References

Gan Integrity. (n.d.). Bribery. Glossary. https://www.ganintegrity.com/compliance-glossary/bribery/

Jamaica Observer. (2019, September 18). Three traffic cops charged after reportedly accepting $6000 bribe. https://www.jamaicaobserver.com/latestnews/Three_traffic_cops_charged_after_reportedly_accepting_$6000_bribe_

Welcome back to Ethics 101! 😁

Today’s blog will feature racial profiling and state how is this an issue within the field of criminal justice. Have you ever been searched simply because you were of a specific race? Have you ever been stereotyped or became a suspect simply because your looked, dressed, or spoke in a certain manner? Well, if yes, you have been a victim of racial profiling; an action that has become second nature to many criminal justice practitioners. 

Racial Profiling refers to the act of judging various individuals based on “stereotypical assumptions because of one’s race, colour, ethnicity or otherwise”(Ontario Human Rights Commission, n.d.). In Jamaica, citizens are typically judged as criminals or not based on the colour of their skin among other factors which is somewhat unbelievable since most Jamaicans are of African descent. Naturally light-skinned Jamaicans are usually given a preference, while Rastafarians, dark-skinned Jamaicans, individuals who have “bleached” to obtain a lighter complexion, and other groups of people are judged. Racial profiling is also dominant globally, for example, in America since recent times where blacks are being targeted frequently and being stripped of their innocence. One such case is the popular case of George Floyd, an African-American who was killed after a white officer handcuffed and pinned him to the ground with his knee on his neck even though he was unarmed and innocent (New York Time, 2021). The officer did not tell Mr. Floyd a reason for the stop which forces one to believe that it was an act of racial profiling rather than reasonable suspicion. Are you seeing the ethical issue here?

Is this Justifiable?

It may be easier to judge someone based on their race, colour or ethnicity especially if they are a part of a group that possess negative characteristics; additionally, it is easier to create a cluster based on probability and assume that all members of that group are the same. However, this does not make racial profiling justifiable or ethical! Racial profiling is never acceptable because the system should demonstrate justice and fairness rather than bias and racism. Every individual should be “innocent until proven guilty” despite their race, ethnicity or being a part of a specific group!

Negative Effects of Racial Profiling in Jamaica’s Criminal Justice System

There is a possibility for the wrong individuals to suffer or become subjected to harsh treatments.

Citizens tend to become alienated or feel like outcasts- detached and isolated from society.

Creates distrust for and hate towards law enforcement officials.

Social divide/ community division

Creates fear among innocent citizens and young children 

What can/should be done?

Criminal Justice practitioners should be properly educated on racial issues so that they will no longer be a part of the problem. These practitioners must be able to focus on criminal profiling rather than racial profiling and refrain from using their personal opinions to judge citizens. Criminal profiling has been proven to be quite effective since it relies on actual criminal behaviour and information regarding the suspect of the crime. Law enforcement officials should use their discretion but at the same time, they should let one’s actions speak rather than allowing their race, ethnicity, looks or company/group to decide their fate. 

Educate Yourself, and Make the Right Choice! Stay Tuned for More- Zorian Clarke

References

New York Times. (2021, November 1). How George Floyd Died, and What Happened Next. https://www.nytimes.com/article/george-floyd.html

Ontario Human Rights Commission. (n.d.).The effects of racial profiling.  https://www.ohrc.on.ca/en/paying-price-human-cost-racial-profiling/effects-racial-profiling

Welcome back to Ethics 101!😁

In this blog we will be focusing on the use of force, specifically excessive force, and whether or not it is truly an ethical issue. In order for individuals within the Criminal Justice System (CJS) to be able to carry out their roles effectively, they must be given certain powers, one of which is their ability to use force when carrying out certain duties. This power can be directly linked to persons within the law enforcement branch of the CJS.  We often here the phrase, “with power comes great responsibility” thus rules that govern conduct are put in place to ensure that their powers are being used in the right manner and for the right reasons. 

The Force Using Force

Good conduct is a foundational principle that governs the CJS and according to the Code of Conduct for Police officers, an officer may ONLY USE REASONABLE FORCE and only in situations of “making a lawful arrest, in self-defense and to protect other officers and citizens who are facing an immediate threat” (Jamaica Constabulary Force, n.d). This power is also given to correctional officers, members of the Jamaica Defense Force (JDF) and members of security forces when the situation demands it. Therefore, it is safe to say that when officers use the minimum amount of force and use it as a last resort when faced with impending danger, to serve and protect the nation, then it is considered ethical by law. On the other hand, the use of force can become an issue/ unethical when it becomes excessive or is being used for the wrong reasons. But where do we draw the line? How do we know the point at which it becomes unethical?

How much is ‘too much’?

If we are being honest, Jamaica is plagued with violence and it has seeped into the criminal justice system. Numerous videos can be found that provide solid evidence of instances where police officers have beaten citizens and even inmates who were neither a threat to themselves nor others. So, do you see the issue here? I definitely do! Force becomes excessive, unlawful, and unethical when it is used in such a way that the victim’s life is at risk. Going back to the police officers’ code of conduct, it clearly outlined that, “it is unlawful for force to be used to punish misbehavior, for revenge or in response to a spoken insult. If an injury is inflicted upon any individual or prisoner, for such reasons, it is considered to be gross professional misconduct and will result in being sued or criminally charged.”(Jamaica Constabulary Force, n.d).

Unethical Force Today- A Prisoner but Still Human

Officers have developed the habit of using ‘excessive/deadly’ force as a first resort and as a quick response to simple verbal abuse such as insults, and such actions are contrary to what is outlined by law (making these actions unethical).  On February 21, 2022, the Jamaican Gleaner reported an incident involving  dancehall artiste Leroy Russell, popularly known as ‘Tommy Lee Sparta’ who is serving a 3 years sentence. He was badly beaten by correctional officers to the point where he had to be rushed to and admitted at the Kingston Public Hospital for medical attention. Are we seeing the ethical issue? This inmate was unharmed and posed no imminent threat to the officers, himself or other inmates, so why was ‘deadly’ force used? His right to humane treatment was violated, and since the correctional officers knew the right and did it not, it became unethical use of force. Prisoners are still humans and while their actions may have allowed them to forfeit their right to freedom, their life is still of great value and disregarding their life may result in serious consequences. 

(See Below: Tommy Lee being taken into the Kingston Public Hospital on a stretcher after being badly beaten.)

What can be done?

 Law enforcement officials should ensure that they abide by the laws of the land and their various codes of conduct while carrying out their duties. They should also be informed of the limitations to their powers and to know ‘how much is too much’. Every citizen must be made aware of their rights, so that they can be aware of violations. Criminal justice practitioners who make unethical decisions willingly such as using unwarranted deadly force, must be held liable and this must go for all individuals regardless of rank, position or level of authority because ‘No one is above the Law’. Excessive use of force/ deadly force is never ethical!

Educate Yourself, and Make the Right Choice! Stay Tuned for More- Zorian Clarke

 References

Barrett, L. (2022, February 21). Dancehall artiste Tommy Lee at KPH after prison beating. The Gleaner. https://jamaica-gleaner.com/article/lead-stories/20220221/just-dancehall-artiste-tommy-lee-kph-after-prison-beating

Jamaica Constabulary Force. (n.d.). Police-Citizen Relations in Jamaica. OAS.org. http://www.oas.org/es/sla/dlc/mesicic/docs/jam_res26.pdf

Welcome to Ethics 101!😁

Hey there! Welcome to blog one of many that will outline numerous ethical issues within the Criminal Justice System (CJS). The criminal justice system refers to the body of courts, corrections, law enforcement, and other law-related arms that focus on dispensing justice, ensuring that laws are implemented and obeyed, and maintaining public order. The criminal justice system is built on fairness, equality, justice and good conduct thus ethics is the very foundation on which this system lies. To begin this new series of blogs, we will define a few terms and familiarize ourselves with the foundation of ethics. So, let’s get started!

What is a Code of Conduct?

This refers to the formal set of principles, rules, and standards that govern an institution, and establishes what is acceptable behaviour among its members while outlining what to do when faced with various issues or dilemmas.

 What is Ethics?

According to Pollock (2010), ethics refers to “the discipline of determining good and evil and defining moral duties”. So oftentimes we hear the word morals or morality rather than ethics, but are they really the same thing? Both morals and ethics are related, with morals and morality having to do with the principles of differentiating between right and wrong or simply judging an individual as having good conduct.

Ethical Issues vs Ethical Dilemmas

Without deep thought, one might think that ethical issues and ethical dilemmas are the same things. I shared similar thoughts, but I am here to inform you that such thoughts are a misconception. 

In fact, while they may be similar, the major difference lies in the fact that an ethical issue involves an event or situation in which there is disagreement when deciding what is the right thing to do. They can also be “social questions or policy decisions” (Pollock, 2010). According to Pollock (2010), these issues “often concern the government’s social control mechanisms and the impact on those governed”, and we will see this being highlighted throughout this blogging series.

On the other hand, ethical dilemmas refer to those decision-making situations in which the right choice is not clear, the right choice has negative consequences that should be considered, or where there the “lesser of multiple evils” must be selected. These decisions must be made by an individual or an organization and may not necessarily be based on a policy.

As citizens, we must hold ourselves accountable, and get informed so that we may be equipped to differentiate between wrong and right when faced with ethical issues or dilemmas. Members of the criminal justice system should do the same to ensure that they make the right decisions as it relates to the law. Additionally, these individuals within the CJS must use their discretion and various codes of conduct to govern their choices.  

 Educate Yourself, and Make the Right Choice! Stay Tuned for More- Zorian Clarke

 Reference