Criminal Justice Profession: Law Enforcement | Case Study: Fitzgerald Commission | Ethics Assignment Help

Internal Code: 1IBCE Select one criminal justice profession from the following list to write on: Task 1:  – Law Enforcement Police

• Misconduct and corruption
• Improving ethical integrity and accountability

An introduction consists of: – a general statement about the topic/issue under discussion – background information or the focus of the essay (This paper will...)

• –an outline of the main structure of the essay (this is called signposting) (It will first... It will then... Finally it will... It will draw on...)
• –a thesis statement that introduces the argument/s you will be asserting in your essay (this is usually your answer to the assignment question) – This part is often best saved until after you’ve written the rest of your paper, as you won’t fully know what the answer is until you’ve explored all the research.
• Any specific terminology, jargon or words that relate to the essay topic should be defined using relevant theory and then referenced accordingly. Your definitions should come from the journal articles and/or books you are using for your research rather than dictionaries.
• This may occur in your introduction, or may be a section straight after your intro at the start of the paper’s main body.

The body of your essay expands on your arguments/thesis statement. In the body, you present research to support your arguments/thesis statement.

• You must use relevant referenced research that is organised in paragraphs. Each paragraph explores one main idea. Paragraphs are logically linked so they help you develop your argument.
• Using sub-headings that correspond to the sign posting you’ve done in your introduction, and logically linking together, can be a good way to lay out your paper.
• The conclusion must summarise the main ideas and/or the argument that you presented in your essay. In your conclusion refer back to your main argument, and do not introduce new ideas or facts. You should not repeat the assessment requirements or marking criteria.
• You should be able to place your findings in a broader social context. Given what your paper has concluded, what does that mean for criminal justice, society, prisons, etc in the future?
• The Role of Police
• Policing in Unequal Societies
• Authority and Power
• Ethical Dilemmas for Police
• Discretion, Due process, bribes and gratitude’s, Loyalty. Use of force, Confidentiality, personal conduct, interagency cooperation

Task 2: 

Case Study: Fitzgerald Commission

• Fitzgerald Inquiry in Queensland – 1987-1989 • Series of articles had highlighted:
• Illegal sex work – Gambling
• Police corruption
• Initially narrow terms of reference expanded
• Findings included: Bribery
• Institutional sex discrimination
• Virtual immunity and unaccountability in the police servicePolice Misconduct: Defined

• Misconduct: – All unethical behavior that may or may not cover corruption. • Corruption: – Encompasses “the commission or omission of an act in the performance of or in connection with one’s duties, in response to gifts, promises or incentives demanded or accepted, or the wrongful receipt of these once the act has been committed or omitted.” (UN Code of Police Ethics, 1979, p 4) Case Study: Wood Commission • Royal Commission into NSW Police (1994-1997) • Identified ‘widespread...serious...long standing...systematic and entrenched’ corruption (Wood, 1997, p 161) • Justice Wood found a massive number of police being involved in the supply of cocaine, heroin, and cannabis, falsification of security logs, absences while meant to be working, gratuities including sexual favours and free meals. • Confidential information was found to be sold, theft from dead bodies, kickbacks, drinking on duty, and internal corruption were rife. • 284 officers were named as participating, 7 officers received jail sentences for corruption offences, 12 people enmeshed in the commission ended their own lives Police Misconduct: Prenzler’s (2009) Typologies

• Classic corruption
• Process corruption
• Brutality or excessive force
• Unprofessional conduct
• Internal misconduct and workplace deviance

Off-duty conduct

• Officer misuses position of power to benefit. Includes graft and bribery
• Interference with law enforcement process of gathering and presenting evidence.
• Unjustified use of force against person(s). Force use should be minimal and proportionate. Broad range.
• Misconduct directed towards public with no clear personal benefit to the police. Ex: racial, sexual, homophobic discrimination.
• Harassment or bullying, cronyism or nepotism, internal corruption, fraud, embezzlement, personal use of departmental equipment.
• Criminal conduct, or behaviour reflecting poorly on the department.

Extent and Effects of Misconduct Policing is a high risk occupation for misconduct.

• Access, authority, and discretion = power.
• Corruption leads to: –Miscarriages of justice –Lack of accountability –Lack of accountability –Discrimination, exploitation, coercion –Marginalised groups being harmed –Social and economic costs –Poor workplace –Significant personal issues for both corrupt officers and their victims

Causes of misconduct Misconduct: Structural causes and cultural causes Structural Causes of Misconduct

• Structural explanations refer to the nature of policing and police. For example, classic corruption can only occur as a result of the law enforcement function of police.
• Opportunity structure – ‘economic supply and demand’ – police control access to CJS and can thus be used to avoid access or accelerate it
• Complex origins – vocal political conservatives want harsher penalties, tighter controls on vices for moral reasons (drugs, alcohol, sex, abortion, etc)
• Population wants these things. Police act as circuit breaker.

Structural Causes of Misconduct : power provided+ temptations levied+ poor protective structures+misconduct Cultural Causes of Misconduct “Values, beliefs, symbols, traditions, and habits that involve the transmission and reinforcement of governing beliefs and behaviours between generations of the police.” (Prenzler, 2009, p 55) Could include: –Police culture of brotherhood –Culture of silence, solidarity –Rewards adherence, closing of ranks, obedience –Punishes whistleblowing, speaking to ‘outsiders’, ‘dobbing in mates; –Police-mates are favoured over duty and obligations Cultural Causes of Misconduct ISOLATED UNIQUE OR DIFFICULT WORKING ENVOIRNMENT RECRUITMENT OF SET TYPES OF INDIVIDUALS REINFORCEMENT ENCOURAGEMENT OR NEGATIVE CULTURE MISCONDUCT Police Integrity Integrity: – Being honest, having moral principles – The state of being whole, undivided Police integrity management may be hampered by: – Denial Neglect • Failures to: – Take issues seriously – Identify and react to warning signs Police Accountability

• High degree of accountability means being able to identify issues. Representative frameworks must allow for -System for recording and measuring performance – Freedom of information -Responses to concerns
• Police must remain subject to law – Controlled immunities – Subject to civil law remedies – Should we be able to sue the police?
• Judicial scrutiny in courts –Police evidence must be critically examined – Judiciary must be independent 4. Must have a free press – To investigate and report on police activities (consider the Fitzgerald Inquiry)

Good Integrity Management Internal chain of command Complains investigation and discipline System controls Ethics training Professional standards unit and external oversight Applicant