Posted: August 11th, 2022
Unethical Police Behavior Case in the News
Unethical Police Behavior Case in the News
Identify a case in the news that you feel displays unethical police behaviors. In a 3-page written research informative paper, answer the following questions in detail with support from research and examples. Your paper should be written in Help write my thesis – APA format and style, include a title and reference page, and include at least 2 resources, one of which can be your textbook.
Needs to identify when and where the case took place.
Identify the case and describe when and where it occurred. Be sure to summarize the case thoroughly.
Identify at least 2 unethical behaviors from the case and explain why they are unethical.
Explain whether any of the behaviors violate any criminal laws.
Explain whether any behaviors violate the Constitutional rights of the defendant.
Unethical Police Behavior Case in the News
Over the past years, the law enforcement agency has changed , both negative and positive. According to studies and research, police agencies are working towards maintaining high ethical standards by hiring candidates with a high ethical profile (Payam, 2016). A police officer should possess various characteristics according to police officers’ rules and regulations, such as integrity and leadership. The paper is an essay about the former East Haven police officers.
The former East Haven Police officers were sentenced for five years for going against ethical police behavior in Newyork in 2009. Dennis Spaulding, thirty years of age and David Carl thirty-six years former East Haven police officers, went against a couple of ethical behavior, such as excessive force, conducting illegal and warrantless search and seizures, and arresting people. Spaulding’s actions affected many people who visited the police department for services. The two police officers violated civil rights. According to reports, Spaulding was involved in a couple of unethical activities, such as searching for a Latino business without a warrant. Additionally, in 2008, Spaulding was accused of using excessive force towards an individual outside a Latino owned restaurant.
Nevertheless, Spaulding decided to arrest the assaulted individual by making a report to hide and justify the assault. In the next year 200, Spaulding, together with David Carl, took three individuals behind bars under pretense and used to report to justify his actions (Payam, 2016). In early 2009, Spaulding searched a Latino car without each warrant, against police officers’ professional ethics. Another case of arrest on pretense involves the catholic priest’s case and an advocate for Latinos. However, the two officers went ahead and conducted an illegal search for the store and disabled store’s video cameras.
Dennis Spaulding and David Carl committed two unethical behavior where Spaulding was accused of unreasonable force according to law enforcement. Both police officers were found guilty for arresting without probable cause and conspiracy against rights (Payam, 2016). Unreasonable force is also known as the excessive force that exceeds the minimum amount of force that occurs during an arrest. Unreasonable force can only be used in special cases, such as when the suspect wants to escape and poses a significant threat to police officers with probable cause. However, the force used should be proportional to the threat, which is different from the Spaulding situation. Spaulding used excessive force towards unarmed individuals nor resisting arrest.
Additionally, Probable cause is an essential requirement for every police officer before conducting an arrest or search. Probable cause is used when the cause of the crime is considered reasonable and available. The officers searched Latino’s vehicle outside the Latino’s grocery shop and the store’s backroom without probable cause and a search warrant. Other forms of unethical behavior include warrantless searches for racial discrimination.
The unethical behaviors of unreasonable use of force and conducting arrest without probable cause violates criminal laws. Victims should be treated with dignity and according to human rights and civil rights. In case of police brutality, law enforcement encourages one to take the case to court for justice where police officers may get qualified immunity. Qualified immunity enhances protection and safety of police officers (Payam, 2016). Reporting cases involving use of excessive force enable the law to protects the public from policy violation. Probable cause provides enough reason for police officer to conduct arrest, which is important when searching for a property. The court issues a search and seizure warrant when the probable cause is available. Sometimes police officers do not require a warrant, such as when dealing with a felony case and when the police officer witnesses crime at the cries scene. Additionally, police officers can conduct detention without a probable court.
Constitutionally, the policies involving the use of unreasonable force are found in the fourth amendment and eight amendments on prohibition of cruel and unusual punishment. According to law, unreasonable force does not necessarily mean fatal injuries, but any injury succumbed during the brutal act (Payam, 2016).. In criminal law, the fourth amendment protects individuals from warrantless searches and seizures when they expect the police to maintain privacy. For instance, The police officers searching Latino’s vehicle outside the grocery shop. They illegally seized items get protected from use in court as evidence where the place and the method used to search are considered.
The fourth amendment applies when an individual is stopped for interrogations or confiscating an individual vehicle. A police officer can only search with the existence of a search warrant, a probable cause showing the criminal has committed the crime and an arrest warrant. The eighth amendment provides protection and freedom to individuals injured and harassed during the arrest process (Payam, 2016).. Victims of police brutality have the right to seek damages for violation of the constitutional law through filing a civil rights case. The eight amendments also consider annotations such as prison and punishment, excessive fines, excessive bail and proportionality.
Former members of the East Haven Police department are a perfect example of unethical police behavior against the constitution and criminal law. Spaulding and Cari practiced unethical behavior by not following the guideline, principles and laws. For instance, the use of unreasonable force and conducting arrest without probable cause. The constitution protects every individual from any police unfair treatment before and after through the fourth and eight am amendment.
References
Former East Haven Police Officer Sentenced to Five Years in Prison for Criminal Civil Rights Violations. (2020). Former East Haven Police Officer Sentenced To Five Years In Prison For Criminal Civil Rights Violations. Retrieved from https://archives.fbi.gov/archives/newyork/press-releases/2014/former-east-haven-police-officer-sentenced-to-five-years-in-prison-for-criminal-civil-rights-violations
Payam, M. M. (2016). Police officers’ and candidates’ views on professionally unethical behaviors: The Elazığ and Malatya case. Turkish Journal of Business Ethics, 9(1), 20-24.
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