letstalkethics-blog

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There's NO JUSTICE In The Criminal Justice System! Rich Teen Kills Four And See NO Jail Time!

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The Importance of Ethics to the Criminal Justice Practitioner

Is ethics really important in the Justice system? Well lets first take a look at what ethics is. According to Pollock 2012 ethics refers to the study and analysis of what constitutes good or bad conduct. In that it is the science f moral conduct, duty and the responsibility to do the right thing (Braswell et al. 2008).

Having a career in the criminal justice system; ethical standards provide guidelines for individual’s conduct as an officer of the law.  Depending on one’s specific occupation within the criminal justice system, ethics will likely govern their interactions with law-breakers, influence their  decision-making processes and affect their interpretation of the law. In narrowing the scope on the conduct of officers in the Jamaican society; a police officer has an ethical responsibility to make non-biased, non-discriminatory, law-abiding and justifiable judgement calls to protect innocent citizens. Therefore they must respond quickly to criminal activity, make life and death decisions and obtain correct legal evidence. Is this the case really?

Many have been appalled at the case of Mario Dean  where he was allegedly beaten and stabbed by ‘three men in a cell’ he shared with  at the Barnett Street lock-up over the use of a bunk bed.  However attorney-at-law Roy Fairclough stated that, “If you lock him up it is your responsibility to ensure he is safe and is no danger to himself or anyone else" After further investigation police officers were charged for the beatings.  However the case is still a continuous one. Is it enough what is being done to the dilemma of acting outside one’s code of conduct? Should they be held more responsible for their deeds?

In many cases the citizens yearn to trust the justice system but it continuously falls short in fulfilling its purposes. Will there ever be unity between the community and police or the justice system and the citizens? That's a question left for the mind. However I think it will definitely help if unity is created and ethical behaviours  upheld by the justice system.

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PROVERBS TO MEND A BROKEN HEART

When mending a broken heart, I personally like to read idioms or proverbs said by others. I find that it reflects a lot of the situation that I was in, and it helps me to know to pull through the situation.

Continue reading here: https://www.psych2go.net/proverbs-to-mend-a-broken-heart/

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How to be Mentally Strong

1. Don’t look to the world to give you an identity.

2. Don’t look to your family and friends for approval.

3. Set your own goals and believe in yourself.

4. Expect things to take time. 5. Expect to meet with setbacks.

6. Expect people to put you down, and for some to walk away.

7. Don’t be swayed by pressure from others. 8. Don’t resent others gifts and successes.

9. Accept that somethings cannot be controlled.

10. Believe that you will make it one day.

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Are you an introvert? You might relate to this page: Introvert Problems Facebook Page

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RAPE and the Justice System

“ITS YOUR FAULT.” “YOU ASKED FOR IT.” Very famous statements usually heard by victims of sexual assault especially rape. According to the Sexual Offence Act:

3.--(I) A man commits the offence of rape if he has sexual intercourse with a woman-- (a) without the woman's consent; and (b) knowing that the woman does not consent to sexual intercourse or recklessly not caring whether the woman consents or not.

(2) For the purposes of subsection (I), consent shall not be treated as existing where the apparent agreement to- sexual intercourse is- • (a) extorted by physical assault or threats or fear of physical assault to the complainant or to a third person; Of (B) obtained by false and fraudulent representation as to the nature of the act or the identity of the offender.

Within the society an the world at large rape is a very controversial issue as it is said that although statistics may be down in other criminal activities it is never down in the case of  rape, sexual assault and carnal abuse. According to an article in the Jamaica observer entitled “Rape” by Tony Robinson it states, “It’s often so difficult to prove and unfortunately many victims are blamed for being raped. “Is because she dress so sexy why dem rape her.” In some Eastern countries, women who have been raped were either killed by their relatives in an honour killing or forced to marry the rapist. Here in the West, many victims are treated as if they are the ones who did the crime and are put through the wringer by lawyers in court. That’s why many rapes go unreported.”

Furthermore,  for a study published November 2014 in the Journal of Interpersonal Violence, Dr. Rachel Venema, a social work professor at Calvin College, interviewed 10 cops working in the police department of a midsized Midwestern city about their experiences responding to reports of sexual assault. In this they said, “got to decide as a department how much resources we want to put into this.” In other words, that cop continues, “What’s the chances of this one being true, you know?”

Now if my mind serves me right I do believe that the officers duty is to serve, protect and reassure, NEVER to be the judge of the case. The justice system should follow what is called due process and this does not involve blaming the victim for what has happened to them. Will there actually be justice that the victims deserve? Will the real purpose of the justice system be carried out or will there always be mistrust?

http://www.jamaicaobserver.com/NEWS/Rape_77951

http://moj.gov.jm/sites/default/files/laws/Sexual%20Offences%20Act.pdf

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POLITICS AND CRIME

It is well known that there are 3 major arms of government which includes the Legislative ,the Executive and the Judicial government .The executive in the ,Westminster model of government consists of the elected members of parliament and appointed members of the senate who form the cabinet. Headed by the Prime -Minister" some members of the civil service are also a part of the executive. The executive is charged with the responsibilities of formulating and executing police. The legislature is bicameral and consists of two chambers which includes the senate or upper house and the house of representatives or lower house. The upper house is unelected and consists of government and opposition senators who are appointed by the Governor General acting on advice from the Prime -Minister and leader of the Opposition respectively. The Legislature is largely responsible for enacting legislation. The judiciary headed by the Chief Justice and consists of judges who adjudicate on matters within the court system.The judiciary is independent and its members can only be dismissed for not discharging their duties or misbehavior. Thus this entire body is responsible for the smooth running of a country. However it can be said that the politicians inclusive of the Prime Ministers have failed miserably in carrying out their duties time and time again.

Historically these individuals have been consumed by corruption working with the criminals in society giving them power as well as immunity from the law. This can be dated as far back to the reign of the great Donovan 'Bulbie' Bennett; the creator/ former leader of the Clans Man Gang. He amassed a massive fortune and his criminal activities created a long list of murder victims. Bennett was shielded by politicians, despite the protests of a member of parliament. Just after the December 1944 general elections, former Prime Minister and National Hero, Alexander Bustamante, set the stage for the 'dog eat dog' style of Jamaican politics when he rewarded his party's supporters with jobs, political favours and other scarce benefits. Since then, the dog fight for political spoils has never ended. Bulbie was a party strongman, who carried out the bidding of PNP candidate for Central St Catherine, Clinton 'Jingles' Davy. In that Bulbie was Davy's head honcho who kept order in PNP-aligned communities in the constituency before and after the March 1993 general elections. Davy ran against  another member of politics (Ms. Robinson) an lost causing Bulbie and his crew to attach themselves and make demands from her. After she requested that Davy intervene he replied in a cold manner saying "If you won't feed them, I will". It was said that Bulbie murdered workers linked to Robinson and although members of his gang was caught and convicted he was not. He continued to trod on his path of destruction and death. At the time of his death in October 2005, police say they linked Bulbie to at least 80 murders.

Robinson appealed to her colleagues in Parliament to dismantle tribalism and dismantle the power base of the dons. In an impassioned plea, Robinson told Parliament that she would not hug up criminals and was not able to give birth to a 'don'. "In that regard I am truly barren," Robinson said in the famous speech in Gordon House. "Are there any of us in this House who would dare to go to the constituency that they represent and declare to these number one dons or now super predators, that we are finished with them and no longer need their services?" She also hit out at the old style of politics. "Some of the old dogs in our Parliament need to be taught new approaches," she also said. But Robinson would come in for a rude awakening as her plea was met with a stony silence and fell on deaf ears. Instead of supporting their colleague in the drive to clean up the political landscape, the politicians ostracised Robinson and treated her like a traitor. In short she got no help and was left out on a limb. Weeks after that speech, when it was clear that no action would be taken, Robinson resigned from her position in Parliament in May 1996 after three years in the position.

According to the text Organized Crime in Jamaica Breaking the Nexus by Anthony Harriott it was said that citizens called for the removal of the minister of national security, Pet Phillips since he was a traitor. It is said that Mr. Phillips had ended Bennett’s immunity and failed to deflect the gaze of law enforcement away from the activities of highly valued party affiliated criminals.

http://www.jamaicaobserver.com/news/132366_Bulbie-s-ruthless-reign--shielded-by-politicians

Even in the most recent  case of Dudus Coke, it was said that politicians  financed these don to deliver votes for them in return for money and development projects.

https://www.ctc.usma.edu/posts/jamaican-organized-crime-after-the-fall-of-dudus-coke

How can one body function if the organs fail?

In other words how can the law enforcers carry out their duties if the leader facilitates law braking?

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Bias Criminal Proceedings

Patrick Powell walked free after the judge directed the jury to return a verdict of not guilty in the X6 murder trial ... Paula Llewellyn has revealed that the main witness, taxi driver Wayne Wright was “non-communicative” with prosecutors ...

Manu individuals believe that the Justice system has failed to issue out true justice because Mr. Powel has a high status and wealth.

According to an article in the Loop entitled “Renato Adams: Police investigation into X6 murder was poor” dated January 13, 2017, with regards to the controversial 'X6 Murder' case, Adams opined that there are some people that are treated differently than others in Jamaica. “There was corruption,” he declared. Adams further went on by saying “That man it seemed had influence on whatever. But along the line too, I followed the case, and there was a lack of proper investigation techniques which were applied. And if they were applied , they were usurped along the way by some corrupt elements,” .

This is nothing new in society as persons in higher positions are never given the full length of the law and are only asked to resign or pay a fine which is considered as small in their eyes. St. Catherine resident, Derron Nicholson, died on August 23, when a Toyota Prado Land Cruiser being driven by Mr. Clarke collided with his motorbike along the Nightingale Grove Road, in St. Catherine. Mr. Clarke was heading towards Spanish Town, when he reportedly swerved and hit the motor bike.   Mr. Clark was only required to  pay $250,000 bail which got an extension.

Is the theme that “no man is above the law” still in effect? I have no seen this bein exercised. Thus persons tend to ridicule the law and the matter in their own hands. How can you blame them when the system fail to do its job?

Attached is a link for wider information on the issue: https://www.youtube.com/watch?v=2TYP0uhAQSM

References:

https://www.youtube.com/watch?v=vvDS8qDqSgw

http://rjrnewsonline.com/local/preliminary-enquiry-into-roger-clarkes-case-resumes

http://www.loopjamaica.com/content/renato-adams-police-investigation-x6-murder-was-poor

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Police Drinking and Driving on Duty

Police drinking on duty is a ethical issues that the criminal justices system is facing today. Police drinking on duty is ethical and moral wrong and it also put civilians live at risk and their life as well. When an officer drink on duty, they if not most drive over the speed limit.The action of these officer are leaving  consequence, for the Head of these officers to not to do anything. The life of individuals are put a risk and the trust that they gain from the citizens are being gradually decreasing. These citizen trust the officer to do the right thing and if one officer gives another officer the ok to drive drunk, they will want to do the same which leads to them being charged and arrested. The life of innocent individual are injury because these officer that drink on duty and drive on the road. You may suspended them but that doesn’t mean that they charge. They need to be put in rehabilitation and if a life of another is taken because of drinking and driving of a police officer they should be fired and charge and sent to rehab. But this can be also prevented before it starts by counselling these officers and finding better coping mechanism. Therefore, police drinking on duty is ethical and moral wrong.

http://www.nydailynews.com/new-york/nypd-suspends-caught-drunk-duty-article-1.2903972 https://www.policeone.com/health-fitness/articles/203507006-Why-alcohol-can-be-dangerous-for-police-officers/

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Police Extortion

Extortion is a crime in which one person forces another person to do something against his will, generally to give up money or other property, by threat of violence, property damage, damage to the person’s reputation, or extreme financial hardship. Police are finding way to extort people every day with people even knowing. How can someone who is suppose to protect and serve you extort from you? People exhort people by said that they will not raid them or even say the will drop charges. This is ethically and morally wrong and this is rising more than any corruption in the police force. And the person they are extorting from are criminals, we the citizens are to be protected from these criminal by the police but we are not. When a criminal kill a man the will just sweep it under the rug and call it a accident on their part. According to the Gleaner article “Bribery down, extortion up among police officers” the officer are putting down bribery and take up extortion. Police are supposed to protect us then why are we paying for protection. The law is being broken and the code of ethics are not being follow. Then you ask “ why don’t you trust the police?” How can we trust some one taking advantage of us? The Head of these officer need to take matter and disciplined   these police officer. If it was a regular citizen the will be charge and put behind bars if necessary. So why not these officer as well?

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Police Bribery

Within society and the world at large it may be argued that  corruption is at the center of the crimes rates contribution, bribery being one of these. Bribery is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.The bribe is the gift bestowed to influence the recipient's conduct. It may be money, goods, rights in action, property, preferment, privilege, emolument, objects of value, advantage, or merely a promise to induce or influence the action, vote, or influence of a person in an official or public capacity. According to the Jamaica Observer entitled “Bribery down, extortion up among police officers“ dated December 8, 2012, it is evident that bribery has been a prevalent issue and now they are turning to a more serious crime such as extortion. According to the article  Thirty-six members were charged in 2010, 41 charged in 2011, and 39 members were charged November 2012.  Additionally, Six police officers have also resigned due to investigations of corruption. Nine were dismissed, 15 retired in the public interest and 26 not permitted to re-enlist. In my opinion, although it states that there has been a decline , I believe that this is still rampant in Jamaica however citizens fail to report it.

“Fold it, roll it”  became a popular slang as in August 30, 2016 a video was released with a traffic police officer accepting bribe from a motorist. According to the video, it  shows a cop standing alongside a parked motor car, talking to the driver who appears to have been pulled over for a traffic violation. But, instead of taking action, the police officer appeared willing to turn a blind eye for the right price.

"Fold it, roll it," the police officer can be heard telling the motorist. "Sure yuh nuh want pay taxes," he adds as the driver hands him an item that appears to be money. The motorist responds, "Bwoy yuh nuh easy enuh", with a chuckle. After the cop walked away from the vehice, the driver tells a passenger in the car that he gave the cop $3,000

. A senior cop told Loop News on Tuesday that the video shows that, despite efforts of the police high command to clean up the force, rougue policemen are finding creative ways to carry out their illegal actions. To view the video you may follow the link:http://www.loopjamaica.com/content/video-fold-it-roll-it-police-probe-alleged-cop-bribery-video

Whats your view?

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Police Brutality

What is Police Brutality?

Police brutality is the deliberate use of excessive force, usually physical, carried out during law enforcement activities with the population. The most obvious form of police brutality is the physical form. Police officers can use nerve gas, batons, pepper spray, and guns to physically intimidate or even hurt civilians. Police brutality can also take the form of false arrests, verbal abuse, psychological intimidation, sexual abuse, police corruption, racial profiling, political repression and the improper use of Tasers. Nobody likes being bossed around by a police office, but it’s their job and they have to do it whether we like it or not. However, some types of policemen, are thugs who take a cruel pleasure in beating and tormenting people they don't like, for no reason at all.  Police are given the right to use force but not to use excessive force. The police use of excessive force is ethically and morally wrong. The use of excessive has caused harm and loss of life of persons undergoing this force by the police.  Not only is this an issue in Jamaica but it is an epidemic international crisis that needs to be addressed.

Cited in the Jamaica an article entitled “Police brutality“ dated July 18, 2011 a letter was written to the Public Defender Earl Witter in concern about police brutality against the citizens of Jamaica. The letter states, “I refer in particular to the St Thomas Police Division which has been carrying out these violations taking young men from off their jobs, the streets and out of their homes, putting them in the sun on the hot concrete and stones to lie face down with their hands at the back of their heads, bound, kicked and gun-butted. After half an hour or so, they are handcuffed, scraped up and thrown in the back of a truck like animals, reminding me of the slave trade - one of the greatest atrocities against mankind which has raised its ugly head again in today's modern world presided over by our black police personnel, acting as agents of the state. I seek your immediate intervention in this matter, Mr Witter, for I believe that these violations are widespread across the length and breadth of Jamaica. Please visit all lock-ups across the island with a medical team to see the conditions of inmates with a view to remedying this undesirable situation.

Now after watching all these videos. Don't you think these officers in authority tend to abuse their power?