Legal Issues in
Criminology
Ron D. Young
December 15, 2014
Abstract
This paper is about legal problems
that happen to police officers while working in different situations. This
paper provides an explanation of the situation control by police officers. It
explains how police officers deal with minorities who commit crimes while
examining the liability problems that occur during the systematic process of
arresting suspects. Racism plays a large role in police officers profiling
possible suspects for arrest (International Associates of Crime Analysis, IACA,
2014). Police profile people by their race creed, color, behavior of social
value is looked upon as wealth, culture, prestige, status, morality, ethic,
religion, ethnicity, race, ideology, human rights and furthermore, (International
Associates of Crime Analysis, IACA, 2014). Legal issues are caused by police who do not
follow proper procedures such as arrests out of jurisdiction, illegal use of
force, profiling in a racist way, letting K9 become violent these issue cause
police departments to spend on court cases of liability rather than buying new
equipment to help keep liabilities away, (Rapping, 2014). Becoming efficient is way of the Police
department to keep unauthorized police procedures from happening.
Psychological reviews need to
conducted, to review the social complexities that police officers face at home
and in the line of duty, (Robbins & Judge, 2013),
p187. These reviews should reflect the intent of police officers to perform
their duties. Reasoning of arrests is another part of policing that tells you
if the police officer is initially performing their work duties properly. Racism
is a factor that plays a large role in making arrests making reports helps the
police department management practice practical arrest procedures by making
proper stops for the correct reasons, (Meye et al, 2014),
p37-54.
Legal Issues in
Criminology
The beginning of social
constructionist is critique to challenge the veracity of the legal definition
of what crime is, (Henry, 2009). Crime is
defined as an omission of a violation that breaks laws during an intentional
act, (Henry, 2009). Justification of a criminal
act is needed to determine if the act committed is a felony or misdemeanor
crime, (Henry, 2009). Evidence and witnesses
are necessary to prove that a criminal act has occurred. Investigation proves
that methods used to commit the criminal act are illegal and then go against
laws provided by the government, state, county, or city. These criminal acts
are defined as homicides, white collard crimes, and blue collared crimes. The
investigators, police, and security have specific rules they have to follow in
order to prove that a person has violated the law and that they have committed
a criminal act, (Henry, 2009). Different
criminal acts include a strategic approach of legal actions that are taken by
the officials that arrest criminals. The constitution protects human rights
that include the 5th and 8th
amendments that protect personal property and civil rights. The factors that
governing officials have to consider are racism against creed, sexuality, age,
social living standard, affiliations or a mixture of all, (Henry, 2009). To assume that a particular criminal is
component of committing a crime because they fit a category is a very
narrow-minded way of viewing a social indifference between the criminal and
society, (Henry, 2009). The way a person is
dressed or the look of the overall person such as all black have to be clean
cut in order not to be criminals considered to a stereo type that may not hold
much weight to a jury that stays home all day and wears head covering, pajamas and slippers during working hours.
Conflict between opposing groups
with more or less power involves engagement of conflicting idealism that
counters powerful forces can make trouble among the two opposing groups causing
opposition within the court room and in the community,
(Henry, 2009).
Criminal actions such as embezzlement,
bribery, and extortion can cause arresting officials many problems. Being
threatened by groups of power can cause eminent complications that add to the
prosecutions distress of holding a fair trial, (Henry,
2009). Behavior of competing interests can construct criminalized
behavior threatening the arresting officials legal stance within side the court
room because of societies view of wealth, culture, prestige, status, morality,
ethic, religion, ethnicity, race, ideology, human rights and further more the
overall value of the securities made to prevent such illegal actions. Illicit
groups make it known that they are more powerful than the defense during the
jury selection process actuating that their status is high enough to make it
difficult for the prosecution to provide a jury selection that is legitimate
for the case. Problematic areas of
justice can begin from the prospect of what happened during the arrest this
includes proper procedures such as reading of rights, making sure the suspect
understands the reason of arrest, violation of laws they are going to be
charged with, offered a phone call, reasonable force used during the arrest,
quick and speedy arraignment, notification of witnesses, and investigation
processes can cause the suspect to be released because of improper procedures
followed.
The vast differences of wealth and
power associated with class divisions makes groups that acquire power through
political or economic manipulation and or exploitation place legal
pressure on the ones without wealth or
high social status. According to Henry, S. Social
Construction of crime, In J. Miller (Ed.), 21st Century criminology:
A reference handbook, “crime and
deviance are the inevitable consequences of fundamental contradictions within
society's economic infrastructure”, this explains corporations that have share
holders who manipulate the advance of employment to move their corporation to
another state or country if prosecuted, (Henry,
2009). Those that threaten the powerful are considered criminals. In
this view of crime, street offenders are more serious criminals than white-collar offenders. Those that commit
white-collar crimes are not deemed to be violent offenders where as blue collar
criminals are considered to be disruptive to society.
Theorists who argue about the social
construction of crime interpret
law based on powerful interests complain about behaviors that cause harm
are also criminal acts, (Henry, 2009).
Theorists argued that “analogous social injury,” should be included as
crime, which harms caused by legal acts or conditions,
(Henry, 2009). An example is the selling or promoting of alcoholic
beverages at a bar, although it is legal, this sales could produce considerable
social, health, and psychological problems. If the bartender knew that the
person receiving the alcohol was not able to maintain their health such as
driving home from a bar drunken, then the bartender would be at fault if
illicit drinking and driving were to cause an accident. According to Henry, S. Social Construction of crime, In J. Miller
(Ed.), 21st Century criminology: A reference handbook, “Larry
Tifft and Dennis Sullivan (2001), argued that the hierarchical structure and
social arrangements of society produce harm that evades the legal definition”,
this explains that social construct makes for legal adversity, (Henry, 2009). Many theorist such as Tifft and
Sullivan believe that people who produce harmful acts should be criminalized,
this will restrict criminals from many contemporary legal production and
distribution activities, (Henry, 2009). Making
the production of harmful chemicals and drugs illegal will also put extended
stress on many criminal justice systems, (Henry,
2009).
Capital punishment is the highest contentious
socially impaired policy debated in the United States. Between 1968 and 1979 there was an average of
eight studies conducted each year in criminology, law, and sociology journals,
compared to only seven articles during the previous seventeen years makes for
large difference in concerns of Criminal Justice and the penal system. In the
United States alone deterrence of capital punishment has been an exhaustive
issue that exhausts the penal system. The death penalty is imposed on those who
commit hyenas crimes that result in incapacitative legal differences rather
than using deterrence of psychologically ill persons. The death penalty shows
that society has failed to find the psychologically ill and help them toward
receiving the proper help. Empirical evidence of opponents of the death penalty
such as murder shows that capital punish is blamed on public officials that
have no control over the effect of social being of people who rather commit
murder than find other means of resolving problematic issues. In most cases of
the death penalty being induced by the courts the resolution of the problem
that is caused is blamed on those who are responsible for the subject that
commits the crimes. Most persons who commit heinous crimes are former criminals
that have been in imprisoned before hand and are known for violent tendencies
these types are have undergone little to no psychological evaluation and have
incarceration time that was solitary confinement rather than having
psychological evaluation by professionals that can propose other means of rehabilitation,
(Galliher & Galliher, 2002), pg.307.
Most United States citizens blame the penal system for the death penalty
because criminals seem to relapse having recidivism instead of being
rehabilitated. Furman v. Georgia 1972
case proved that the United States are undecided about using the death penalty
to resolve and reduce homicides within its borders, (Galliher & Galliher,
2002), pg.307.
During the process of interrogation of potential
death penalty subjects the penal system is blamed for not deterring the
homicide and potential of individuals that are dangerous to society. A public
official faced with a case that could lead to the death penalty are subject to
scrutiny by the press because of the lack of attention given to these
individuals before they commit heinous crimes, (Galliher & Galliher,
2002), p.307.
.
According to James Galliher &
John Galliher, Journal of Criminal Law
& Criminology, Fall, 2001 / Winter, 2002 92 J. Crim. L. & Criminology p.
307, “capital punishment as a possible deterrent is not an acceptable
punishment”, the reason being is that most people who commit homicides are not
mentally stable to comprehend the laws and rules, (2002). On the other hand,
life criminals who plan to murder consider themselves untouchable by law
enforcement officials and commit murder to show power within the community,
(Galliher & Galliher, 2002), pg.307.
These two reasons why capital punishment
is not a reliable source of preventing murder, (Galliher & Galliher, 2002),
p.307.
Liability incidents
can cause all kinds of problems for Police departments and arresting officials
(The Criminologist, 2013), p.41. Even though there is minimal
amount of issues with liability because of procedures and Officials that follow
them when a liability incident occurs it needs be addressed immediately. Police
need to be informed of jurisdictional areas. Boundaries have to be formally
configured to make sure that police officials know how far they should go, (Archbold, 2002). Other public
officials should take over where necessary to stop confusion. Changes in the
laws need to be officially drown in a well formatted brochure that explains why
and where the changes have occurred. There should not be compromising of the
liability laws. Speed pursuits are one of the main areas that a turnover of
Police from city, county and state is important. Review of jurisdiction traffic
laws should be periodic liability assessments should be taken to make sure
police officers know where to draw the line, (Archbold, 2002). Canine dogs can bite arresting suspects it is
a concern that a civil case can be placed against police dogs for performing
their job. Police dogs are used primarily in bad neighbor hoods that are
predominately minorities, (Archbold,
2002).
.
These areas can produce problems for police officers who need a form of
self-defense police dogs can identify drugs and other illegal substances from
far away areas and lead police directly to the suspect. In the situation of a
mass area that needs to cleared Police dogs play a large roll of showing the
participants that the police mean business, (Archbold, 2002). In the incident of a K-9 bite the complainant
should contact the police present with the information of where they were
located during the attack, the time attack and hospitalization ]if any a name,
number, and place of residents should be provided, (Archbold, 2002).
If they decide to get a lawyer they must prove
to be innocent of any indiscreet participation in the occurrence that the dogs
where let out to maintain. K-9 dogs are used for many reasons such as riot
control, finding drugs, looking for escaped convicts, missing persons, and for
mass confusion such as brawls. In many cases, police dogs are trained to handle
suspects by clothing items thus taking away the usage of feet and hands, (Archbold, 2002). This method of
using K-9 makes it easier for the police officers to arrest the suspect, (Archbold, 2002). If they harm the
suspect by grabbing limbs this may cause a problematic issue that could cost
the police a bundle of money in suites,
(Archbold, 2002). Under trained K-9 can be a threat to many citizens
especially those who intimidate the dogs by running for no reason are using
weapons against them such as purses, sticks, bats, knifes, and other throw able
items can cause K-9 dogs to bite, (Archbold,
2002). Search and seizure is protected by the 5th and 8th
amendments. The fifth amendment rights addresses the confiscation of items from
citizens to be used as evidence, self incrimination, and due process, (Archbold, 2002).
The
eighth amendment stops excessive fines from being imposed on seized items.
Illegal search and procedure is very costly to Police and Investigators because
they have to have warrant to take items from living dwellings this search
warrant is needed to keep Police from discovering items that have nothing to do
with the reason for the search this would cause two different cases and much
confusion, (Archbold, 2002). Using
Admissible evidence to be presented to the court adjacent this evidence should
be check in by the court clerk in a
professional manner that also has tracking numbers for the evidence check,
every paper should be notarized by a notary of republic, (Archbold, 2002). The judges orders for a search and seizure are
also important to be presented to the court to make sure the status of the
search and seizure is legal and is viable for a search of the objects that
police want to seize, (Archbold, 2002).
High risk factors include the negotiation of permissions for
reproduction of electronic surveillance equipment and information copyrights
have to be qualified, (Archbold, 2002).
Using forced information and sales media can leek to the internet making
the scope of the situation uncomfortable for a court appearance. Leaked press
can slow down the process of jury selection and make problems with the
presentation of evidence to the Judge, (Archbold,
2002).
.
Control of access to information can stop a crises from happening placing
information in safe houses off site away from the police station is a good
practice, (Education
Portal.com, 2014). Supervisors should post legal tips and bulletins that explain
processes. Training is needed to make sure that the bulletins are read. Legal
advice from professional legal advisors may be needed for crucial situations
involving the help from several other arresting officials. Emergency response
teams to unruly situations is a good idea. Training officers to handle
situational control is one way to stop legal issues, (Archbold, 2002) p. 11-19.
The increased level of danger makes a very
complex situation for officers to control the greater the amount of danger the
more liable the officer will become. Some people can be very intimidated by the
presents of an arresting official making a simple situation drastic in nature.
When serving high-risk warrants and dealing with, (Archbold, 2002). Specialized hostage situations legal advice
may be needed to keep the procedures proper, (Harris & Robinson,
2014). Specialized units
may need guidance to ensure effective decision making in warrant and hostage
situations, (Archbold, 2002).
Literature about legal implications should be available for arresting officials
to be able to read. Integrity violations happen to be among one of the highest
violations that we have. Officers should not take bribes this is a major form
of integrity violation. Officers should not lie to make reports sound correct, (Archbold, 2002). By not telling the
truth the officer is violating the police organization, other officers, and
their district that work in.
Refrences
Archbold, C. A. (2002). Innovations in police accountability:
An exploratory study of risk management and police legal advising (Order
No. 3044991). Available from ProQuest Criminal Justice. (305461038). Retrieved
from http://search.proquest.com/docview/305461038?accountid=34544
Education Portal.com (2014).
Crime Analysis Job description Duties and Analysis electronic resource
[HTML] http://education-portal.com/articles/Crime_Analyst_Job_Description_Duties_and_Requirements.html
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Harris,
S. E., & Robinson Kurpius, S. E. (2014). Social networking and professional
ethics: Client searches, informed consent, and disclosure. Professional
Psychology: Research And Practice, 45(1), 11-19.
doi:10.1037/a0033478
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Inc. doi: 10.4135/9781412971997.n34
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J. A. (2014). Retuning Gideon's Trumpet: Telling the Story in the Context of
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1225-1240.
Robbins,
Stephen P. & Judge, Timothy A. (2013). Organized
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as Prentice Hall, One Lake Street, Upper Saddle River, New Jersey, 07458 p.187
The
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