Law enforcement bill of rights

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Explain the Officer Bill of Rights and what specific rights and/or guidelines are provided to law enforcement personnel?

The law enforcement officers’ bill of rights was established to protect officers from investigation as they carry out their mandate. The LEOBOR as it is commonly referred has been ratified in more than fourteen states in the country. The laws were successfully established following protests by police unions and endorsement from the Republican Party. The special due process protects the police but this has raised public policy questions. The public is more concerned with the process of accountability in these laws (Keenan & Walker, 2004). It prohibits civilians from establishing inquiry bodies to investigate into police matters.

The police play a fundamental role in maintaining law and order. The law came as a relief to them. The police are allowed to use coercive force in reprimanding suspects. They argue that they should be accorded latitude as they conduct their duties to the public. The police officers further argue that if the law did not protect them, they would be reluctant to take aggressive measures to fight crime especially in cases where their decisions were under constant scrutiny. The critics of the law argue that the special privilege to use both lethal and non-lethal force should also be investigated to ensure that the officers conduct themselves in the most professional manner (Keenan & Walker, 2004).

The law asserts that the officers should only be questioned for a reasonable period. The law stresses that the officer should be investigated at the offices of those undertaking the investigation. Since the law only permits the officers to investigate themselves, it further states that only a single investigator can do that. The law entitles a counsel to the defendant. The law prohibits harassment, threats, or rewards during the inquiry process and affirms that such evidence is inadmissible. The rules entitle the defendant to a fair hearing with prior notification of the date, access to the evidence, and representation by counsel at the hearing.

2. The job requires that you may possibly investigate good friends of yours, can you do this while upholding the Law Enforcement Code of Ethics?

Yes. The law enforcement code of ethics clearly stipulates the code of conduct of officers of the law. The code of ethics requires each officer to behave in a partial manner even if it means investigating a colleague. The ethics state that the duty of an officer is to the community and not even to fellow officers (Pollock & Reynolds, 2015). Investigating a friend leads to questions on the partiality of the evidence and the investigation. The judge may question if the investigating friend was neutral during the investigation.

There is no doubt that emotions are likely to arise during the investigation. For example, if the case is truly valid, as a friend one may be tempted to cover it up. In the process, one would not have committed a crime to the victim and to the society at large. According to the code of ethics, an officer is expected to keep their personal feelings, prejudices, aspirations, political opinions, and friendships at bay when conducting their investigations (Pollock & Reynolds, 2015). The question is whether this is possible at the ground. To answer this question, an officer should understand that no human is perfect even if it’s a fellow officer. Consequently, in a situation where a colleague has committed a crime, they should approach it like any other case. Doing so means that they have respected the badge. Besides, the code of ethics states that the officers should always cooperate with other legal institutions and their agents in search of justice. This begs questions that such an officer should ask of themselves during the investigation. Am I administering justice? What is an officer expected to do? In this light, if that particular officer deems himself incapable of conforming to the code of ethics they should consider referring the case to an impartial officer of the law.

References

Keenan, K. M., & Walker, S. (2004). An Impediment to Police Accountability-An Analysis of Statutory Law Enforcement Officers’ Bills of Rights. BU Pub. Int. LJ, 14, 185.

Pollock, J. M., & Reynolds, P. D. (2015). Ethics and law enforcement. Critical issues in policing: Contemporary readings, 183-215.