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Ethics in the Courts -Honesty/Integrity of Lawyers

The professional ethics that speaks on the roles of lawyers delineates that honesty and integrity are integral elements for the execution if justice. The day-to-day duties of a lawyer depend on your specialism and area of law you choose to work in. Duties may include:

Providing legal advice and guidance

Writing contracts

Meeting clients (individuals or businesses)

Attending court hearings

Reading witness statements

Collating evidence and researching case studies

Keeping up to date with changes in the law

Representing clients in trials.

The popular television show "How to get away with Murder" chronicles the efforts of a lawyer to go the extra mile in ensuring that they receive the best outcome irrespective of the means. The negation of their professional ethics and their disregard for such may be seen from a teleological, specifically utilitarian approach as the end justify the means. This approach would seek to justify the actions of a lawyer who acted out of the best interest for their clients even if the act itself is unethical . Though this is the case, the ethics of professional and virtue trump this a million times as several other ethical explanations negate the previous stance.

Recommendations

Enforcing Ethics through Disciplinary Procedures-establishment of a code of conduct and enforcing impartial laws to guide such conduct.

Raising Awareness amongst Lawyers-educating lawyers constantly about these existing code of conduct.

Raising Awareness amongst the Public- this will allow for clients to see and call out the unethical actions of their attorney.

Adopting Regional or International Standards on Ethics

References

Chakraborty, A. (2020). Ethical dilemmas in the lawyer–client relation: Concerns and solutions. Asian Journal of Legal Education, 7(1), 25-34. doi:10.1177/2322005819893279

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Ethics in Corrections( Provision of Contraband)

Being in s apace with limited social provisions and opportunities, correctional officers resort to supplying inmates with a variety of non-prohibited goods to innate.

Contrabands are dependent on the level of security that exists in a prison. The general list of contraband include:

weapons

drugs and drug-related items or paraphernalia

explosive substances or devices

equipment that may aid an escape

film, computer games, and some publications

cameras or other photographic devices

mobile telephones

any other substance or article which may threaten the safety or security of the prison

The prison administration should ensure that staff are exposed to a variety of circumstances and acting accordingly including:

Adhering to all policy and procedures

• Immediately reporting ALL unacceptable actions

• Avoiding over-familiarity with prisoners to reduce the occurrences of biases.

• Establishing clear boundaries

• Acting in a professional, reliable and consistent manner

The provision of these items is used as a manipulative tactic, whether for the exchange of sexual favors or to do their bidding. According to J.R. Hepburn, staff might draw upon six types of power bases in a prison:

• Coercive power (e.g., the use of segregation, searches, transfer, disciplinary system, etc.)

• Reward power (the distribution of privileges, prized jobs, favourable reports, etc.)

• Legitimate power (formal authority, the “rule of law”)

• Exchange power (the informal reward system; under-enforcement and accommodation)

• Expert or “professional” power (expertise, e.g. in resolving conflicts, competence)

• Respect or personal authority (officers’ manner of working with prisoners, leadership skills)

Recommendations

Complaints mechanisms for prisoners to report corruption in prisons can be reported. In addition, whistle-blowing channels and protective measures for whistle-blowers, and corruption-reporting hotlines.

Prison administrations should set up disciplinary systems for the investigation and follow-up to staff misconduct, taking into consideration due process.

A disciplinary system should govern the imposition of restrictions and disciplinary sanctions on prisoners.

Senior management in prison administrations should integrate integrity and accountability into all aspects of the management of their staff. Additionally,prison administrations should consider the development of a code of conduct for prison officers.

References

United Nations,. (2017). Handbook on Anti-Corruption Measures in Prisons. Handbook on Anti-Corruption Measures in Prisons. Retrieved April 20, 2021, from https://www.unodc.org/documents/justice-and-prison-reform/17-06140_HB_anti-corr_prisons_eBook.pdf.

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Ethics in the Courts- Judicial Corruption (Acceptance of Bribes pt.2)

The acceptance of bribes speaks directly to the character and more specifically the integrity of participants. A 2006 survey asked people who had been in contact with the judiciary over the past year, whether they had paid a bribe. One in ten reported this to be the case: including 21 per cent of Africans, 18 per cent of Latin Americans, 15 per cent in the Asia-Pacific region and the former Soviet Union, 9 per cent in South East Europe – but only 1 per cent in Western Europe. Bribes can take several forms whether monetary or non-monetary such as the exchange of goods and services for a favorable decision from the judge. This systematic petty corruption presents a barrier for the poor as they are unable to meet the demands of this market therefore they have to withdraw.

When persons who are are tasked with upholding the law deviate from such it begs to questions the notion of justice, equality and equity and if the existence of true justice is only a façade. This entity should be impartial arbiters of disputes, guarantors of contracts and enforcers of the law. If the mediators are readily choosing the sides of their colleagues and the affluent then how will justice prevail?

Recommendations.

Ameliorating working conditions and increasing wages for judicial personnel and support staff, particularly in the lower judiciary where their is a lack of proper wages as this is a major force towards corruption.

 Push for a deviation of attitudes that support  bribery, primarily within the legal professions. Measures include training, codes of conduct for judges, lawyers and judicial support staff, and efforts to build a culture where these norms matter for professional recognition and standing, through national and regional judicial forums.

 Preventive procedural measures undertaken to reduce opportunities for corruption such as increased transparency around the filing and allocation of cases and case management.

References

Brooks, G. (2019). Judicial corruption: Magistrates, judges and prosecutors. Criminal Justice and Corruption, 131-157. doi:10.1007/978-3-030-16038-8_6

Ratner, M. A. (2016). Judicial Ethical Integrity: Challenges and Solutions. University of California, Hastings College of the Law UC Hastings Scholarship Repository. Retrieved from http://repository.uchastings.edu/faculty_scholarship

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Ethics in the Courts- Judicial Corruption (Political Interference pt.1)

Without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built. And if impunity is not demolished, all efforts to bring an end to corruption are in vain. “ — Rigoberta Menchú, Nobel Prize laureate.

Judicial corruption speaks to the misuse of judicial funds and power by members of the judiciary ,but often speaks to judges due to their immense power. Judicial corruption existence in one of two forms, political interference and bribery. Both forms of ethical breaches highlights the notion of the power and powered and their ability to exercise such powers. The prevalence and execution of justice should be at the top of the list of  judicial functions of all members of this arm of government and these form of corrupts acts are a direct contradiction to this notion.

The undue political inference may be the most detrimental form of corruption that exists within this entity. Being an arm of government the judiciary may let bias tor their colleagues in this and the other two arms to cloud their judgment. What this will allow is a permanent bias towards said colleagues and where a case is brought to the court against the government this bias will amplify and allow for judges to choose the side of the government. This isn't readily available in all case with this nature but is evident where the stakes are high and their is direct treat to an individuals position. This proves to be catastrophic as there will be no proper redress awarded to citizens .This allows highlights the deviation from the democracy that a country promotes and questions the right to due process. This is more an organizational issue as her “the monkey see monkey do” principle applies as well as “birds of a feather”. 

Recommendations 

Reducing political influence on judicial selection process.

Minimizing political influence on judges’ tenure and conditions

Increasing resilience by strengthening judges’ competence and professional norms

Eliminating undue influence on judicial budgets and administration

References

Brooks, G. (2019). Judicial corruption: Magistrates, judges and prosecutors. Criminal Justice and Corruption, 131-157. doi:10.1007/978-3-030-16038-8_6

Ratner, M. A. (2016). Judicial Ethical Integrity: Challenges and Solutions. University of California, Hastings College of the Law UC Hastings Scholarship Repository. Retrieved from http://repository.uchastings.edu/faculty_scholarship

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Ethics in Corrections-Prison Rape

I have been sexually assaulted twice since being incarcerated. Both times the staff refused to do anything except to lock me up and make accusations that I'm homosexual and that if I pursue legal action they'd ship me and both times they did. — J.G., Florida, 9/4/96

Prison rape, otherwise called jail rape can be defined as any act of sexual violence committed against an inmate whether by an inmate or a staff member. For the purpose of this discourse, the emphasis will be placed on the latter.

In 2003, The Prison Rape Elimination Act (PREA) was passed to analyse sexual assault crimes committed in prison and offer support services to inmates.

Prison rape being executed by staff is a direct contradiction to the duties that they were ordained to execute. Correctional Officers have a duty of care to the inmates that they are charged with protecting and rehabilitating. In this case, we can see there is an abuse of power issue evident as they extort the superiority-inferiority complex where a subordinate is extorted by their superior.

Duties of Correctional Officers include:

1.Enforce Rules and Keep Order

2.Supervise the Activities of Inmates

3.Search for Contraband Items

4.Inspect Facilities to Ensure That They Meet Standards

5.Report on Inmate Conduct

6.Aid in Rehabilitation and Counseling of Offenders

In 2011, correctional administrators reported 8,763 allegations of sexual victimization in prisons, jails, and other adult correctional facilities. About half (51%) involved allegations of nonconsensual sexual acts or abusive sexual contacts of inmates with other inmates, and a half (49%) involved staff sexual misconduct or sexual harassment directed toward inmates.

The rates of prison rape by staff can be owed to the existence of prison subcultures and can be understood by the labelling theory. Prison subcultures condone rape culture as they normalize leaders exerting power within the internal ecosystem therefore leaders of gangs and inmates that execute rape and will be acting out of right as they are high in the food chain. The issue of consensual and coerced sex between the inmate and staff has been a constant debate as the power disparity causes a stir. The power disparity makes the question of consent look blurred as the power of the staff may be a coercive force in itself therefore granting consent to someone in a socially restricted sense cannot be achieved. This begs to question if there is a lack of proper consent doesn't this consist of rape?

Recommendations

KEEP PEOPLE OUT OF PRISON!!!

Ameliorating systematic conditions that lead to prison rape such as over-incarceration, overcrowding, lack of proper inmate classification, and a prison ‘code of silence. This will limit the existence of vulnerable groups which are more exposed to victimization. This includes young men and women, transgender people, gay men., those convicted of non-violent crimes, those with a history of mental illness and those with intellectual disability.

Declaring rape prevention as a high priority issue by developing and implementing protocols and procedures designed to effectively respond to sexual abuse in detention while protecting the safety of victims.

Increased accountability of correctional officers/managers and those employed in the organization. Ensure that confidential counselling is available to those who have experienced sexual assault and doest turn to stigma or discrimination.m -++`

References

Beck, A. J., Ph.D., Rantala, R. R., & J. (2014). Sexual Victimization Reported By Adult Correctional Authorities, 2009-11. Bureau of Justice Statistics. Retrieved April 19, 2021, from https://www.bjs.gov/index.cfm?ty=pbdetail&iid=4882.

CorrectionalOfficer.org. (n.d.). What are the duties of a correctional officer? Retrieved April 20, 2021, from https://www.correctionalofficer.org/faq/correctional-officer-job-description

McGuire, M. D. (2005). Impact of prison rape on public health. Californian Journal of Health Promotion, 3(2), 72-83. doi:10.32398/cjhp.v3i2.1765

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Ethics in Law Enforcement- Racial Profiling/ Police Brutality

Racial profiling or ethnic profiling can be defined as the act of suspecting or targeting a person based on the assumption that due to their race they are more inclined to commit an offence. Police brutality on the other hand can be defined as a civil rights violation where officers exercise undue, unnecessary or excessive force against a civilian or the person they wish to apprehend.

In Jamaica, the issue that we experience is socio-economic profiling. This can be seen where the members of Cherry Gardens are treated with the utmost respect while those in Tivoli Gardens are deemed as thugs or criminal. The Garrison-Uptown phenomena stemmed society itself and by virtue of being an element of society this institution ascended to such practices Garrisons youths experience a lot of stigmas whose ramifications include changing their address to secure jobs or having to align themselves with the motives of the Don to stay alive.

Racial profiling is discrimination meted out to one by virtue of their race, therefore we can infer that racial profiling is an infringement on ones rights as established in Chapter 3 of the constitution which covers discrimination based on race, gender and religion .

This is a long standing issue in the United States as seen in the publicized  cases that have littered the media in 2020 alone ranging  from Breonna Taylor to George Floyd. Though it is ignorantly perceived that only black people are profiled it must be noted that persons of Hispanic, Latin and Asian descents are also profiled as they too account for minority groups. However, it can be stated that  in the black populace there has been excessive force that led to major injuries or more severely, death. For a case of police brutality in Jamaica one can examine the case of Mario Deane where he was beaten by police officers who continuously  denied their involvement in his death.

Police officers are there to uphold the law and be a symbol of morality, instead some are involved in circumstances that goes against all religious and legislative codes of integrity thus propelling the people they are to serve in deep thought as to their intentions.

Recommendations

•Have regular checks regarding officers mental capacity and assessment of their values.

•Incorporation of Body Cameras and the promotion of on the job oversight mechanisms.

• Promote whistleblowing tendencies

References

Grant, H. B., & Terry, K. J. (2012). Law enforcement in the 21st century (3rd ed.). Pearson.

Hylton Dennis | Profiling Is Injustice, Mark Shields. (2018, November 2). The Jamaica Gleaner. http://jamaica-gleaner.com/article/commentary/20181103/hylton-dennis-profiling-injustice-mark-shields.

Siegel, L. J. (2010). Criminology: The Core (4th ed.). Cengage.

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Ethics in Law Enforcement   Corruption

Nearly all men can stand adversity, but if you want to test a man's character, give him power.-Abraham Lincoln

Corruption can be defined as illegal behaviour executed by persons usually in power or having great authority. 

According to the Corruption Perception Index (CPI), Jamaica was ranked as the 74th least corrupt country in the world in the year 2019. The CPI is calculated by measuring the perception of business executives on how the public sector is viewed and supported by thirteen other tests performed by global organizations. i.e. the security forces would fall under the public sector.  

An Observer article entitled “ Corruption haunts police force, Jamaicans believe more than half of JCF tainted “ offered insights as a poll was issued and reported that Jamaicans believe that more than half of the JCF members are corrupt. The article further goes to note that INDECOM elaborated in their 2nd quarter investigations done in 2018 they discovered that the top five categories of complaints included: assault (70), discharge of a firearm (46), fatal shooting (33), shooting injury (24), and unlawful wounding (7). The consensus that the majority of Jamaican Police officers are guilty stems from the hostile relationship between the police and citizens. This consensus is further ascended to as the media continues to portray police officers as the bad guys.

There has been several instances where youths in the inner-city have confessed to being entrapped by officers to do their illegal bidding. Though this is true over the years we have seen where officers, through interventive means, have tried to make society better by establishing football leagues and police youth clubs with hopes of positively affecting the youths.

The reality is that there has been several cases to prove and disprove the integrity of the force itself. It boils down to the fact that officers are human and thus the humanity lingers on them by being moral or immoral for that matter. With that said there are persons in the force who are indeed corrupt thus acting accordingly but it would be utterly unfair for us to let one bad apple spoil the bunch, the rotten apple theory.

What are your views? Are all police officers bad?

What are your views on the security forces?

Recommendations 

Promote whistleblowing tendencies- though by nature of being a force people will tend to collectively ascend to practices and hide the unethical behaviours of their colleagues. Through the promotion of this persons will  speak up about corrupt matters 

Implementation of harsh sanctions

Identify the push factors of corruption and adjust such. The focus should be on the causes and not the effects. 

References.

Corruption haunts police force Jamaicans believe more than half of Jcf tainted. (2019, February 14). Jamaica Observer . http://www.jamaicaobserver.com/news/corruption-haunts-police-force-jamaicans-believe-more-than-half-of-jcf-tainted_157127?profile=1606#:~:text=Veteran%20pollster%20Bill%20Johnson's%20latest,controversial%20police%20actions%20in%20communities.

Results - 2019 - CPI. https://www.transparency.org/en/cpi/2019/results/table.

Sweeney. (2011). Law and Order: The Garrison Phenomenon and Associated Psychology. International Humanities Review, 2(2), 88–

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Ethics in Law Enforcement-USE OF FORCE

In relation to the universal definition of the use of force, there isn't an institutionally accepted one, however, The International Association of Chiefs of Police has described the use of force as the "amount of effort required by police to compel compliance by an unwilling subject". With this stated, it can be inferred that it is within the discretion of the officer, and guidelines are given by their respective agencies, to use whatever “force” or pressure they see fit to apprehend an individual.

 A major problem that has been plaguing Jamaican officers over the years is the use of force. This is littered through the media as several videos have been posted showing instances in which officers were deemed to be using excessive force. The reality with this is that onlookers aren’t privy to both sides of the story and are quick to condemn the officers, thus siding with the civilian. This is due to the gross level of disrespect that is meted out to officers in this country, which is the ramification of an aloof relationship between citizens and law enforcers.

In Jamaica, the Constabulary Force Act speaks on various facets of the Force, in particular, its personnel and their policies, including but not limited to procedures and interactions with the public. In this particular document, there is not a specific clause that speaks to the use of force however Part I sections 15 through to 18 speaks on the power of arrests and the surrounding circumstances. With the absence of such a rule, there are calls for a reformation of this act to include such. There is such a clause presented in the JCF Human Rights and Police Use of Force and Firearms policy which is an underpublicized document dictating as the title suggests. Though this is the reality, there needs to be more integration of this policy into the actual Constabulary Force Act.

The general strain theory speaks to the use of force as being influenced by several factors including work and home stress, societal pressure ad social inclusion. Due to these factors officers of the law are more inclined to use excessive force due to these social strains.

Recommendations 

Pre-employment screening

On the job counselling

Constant monitoring

2 strike policies

References 

Scrivner, E. M. (1994). Controlling Police Use of Excessive Force: The Role of the Police Psychologist. National Institute of Justice-Research in Brief. Retrieved April 20, 2021, from https://www.ojp.gov/pdffiles1/Digitization/150063NCJRS.pdf.

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Welcome

In this blog, we will be addressing some ethical issues that may occur within the Criminal Justice System(CJS).The focus will be on all three arms of the system namely law enforcement, courts and corrections. Attention will also be placed on ways on how to rectify these ethical breaches.