Corruption -> Honesty- Ethics

As defined by Transparency International, ‘Corruption is the abuse of entrusted power for private gain’.

Corruption in criminal justice professions is a common topic in almost every country. Law enforcement and military personnel are often put into positions where they are offered large payoffs to ignore illegal conduct. Throughout history, police officers have bought their positions or promotions, sold protection and ignore violations of the law for money.

In Jamaica one might be very familiar with the term, “Left or Write?” meaning in certain situations such as road traffic violations, the officer is asking the offender is willing to leave him/ her some money to not issue him (offender) with a ticket.

There are a number of reasons why the field of policing seems to be very susceptible to bribery and other forms of corruption the main one being the low pay officers receive in relation to responsibilities and work hours.

SUGGESTION FOR CONTROLLING POLICE CORRUPTION:

1. 1.     The first step should be awareness through education. With the help of education we can reduce corruption. According to a survey conducted by India today the least corrupt state is Kerala, the reason being that in Kerala literacy rate is highest in India. So we can see how education effects education. This suggests that if we are educated, we can understand our rights well as well as duties.
2. 2.      Establishment of firm codes of conduct for police officers, with strong penalties for non-compliance.
3. 3.      Development of better selection processes and training for police at all levels, with selection based on merit.
4. 4.      Development of international agreements whereby members of organized crime and other criminal elements cannot find a safe haven for their corrupt activities. (Peter,2000).

Systematic change in government processes. If the members of the governing body are government officials, there will certainly be less reports of the criminal cases. Police department is not safe from this ailment. We need to change such assumption through police corruption is formed.

Please feel free to share your views and comments.

A Look into Forensic Ethics

The field of forensic science is essential to the criminal justice system. Forensic personnel are responsible for the collection, preservation, analysis, and interpretation of evidence and so these personnel must pay close attention to detail during these processes. If evidence is mishandled, manipulated, or misinterpreted it can potentially destroy a case and/or the lives of all individuals involved.

As i have learnt in many of my forensic courses, "Every contact leaves a trace" (Locard's Exchange Principle).

 For that reason it is vital that forensic personnel are not only properly trained and educated, but they must also be of good moral and ethical character. Many cases have been tainted due to unethical behavior; more must be done in order to prevent unethical behavior from taking place in the field of forensic science. (Refuge, 2011)

The identification, collection, and preservation of any piece of forensic evidence will ultimately involve numerous individuals. At any step within the process, evidence can be deliberately or accidentally mishandled hence it is important to maintain proper chain of custody.

This risk begins at the scene of the crime, where there is the possibility of evidence planting, destruction, or mishandling. After the scene has been processed, evidence is then sent to a forensic laboratory for analysis. Here, it can be subjected to contamination through poor testing methods, excess consumption, mislabeling, and even loss or destruction. After the analysis has been performed, those analyzing the evidence must then report on their findings accurately and honestly.

In the courtroom forensic personnel are often called upon to provide expert witness testimony in regards to their specialty (Van & Saks 1983). In some cases the expert testimony given by forensic personnel have a lot of weight in regards to the outcome of the case (Van & Saks 1983). For that reason it is vital that the expert witness (forensic scientist) be 100% qualified and be of good ethical and moral character (Hart, 2004). And as such, they have an obligation not to mislead the jury, defense, or the state when testifying before the court, or when preparing their reports relating to their analyses of forensic evidence.

While there exists no single ethical code that applies to all disciplines of forensic science, the American Board of Criminalistics (ABC) Code of Ethics requires each certified member ensure that any opinions rendered with regard to their analyses are done so “only to the extent justified” by the evidence in question, and to also ensure that the testimony given is presented “in a clear, straightforward manner” that in no way misrepresents or extends “themselves beyond their field of competence.” Testimony should be given “in such a manner so that the results are not misinterpreted.” (ABC, 2010)

Please feel free to comment and share your views.

Correctional Officers and Prison Staff Ethical Issues

Though inmates may lack a solid moral fiber, the prison is a site of numerous ethical issues for guards, lawmakers and officials who run correctional systems.

Except in the rare cases of innocence, convicts are in jail because they did something bad and or wrong. In many cases, they have stolen, killed, or caused other harm to people and society. Punishing prisoners by locking them up in an extremely unpleasant place for a long time aims to deter potential criminals from perpetrating similar deeds. However, at the same time, poor and unsafe conditions harden their anti-social instincts, making it difficult for them to re-enter society after release. To make them productive citizens, educational and vocational training can help as well as a reasonable guarantee of protection against brutality from guards and other prisoners.

Prison guards face numerous ethical dilemmas on the job. For example, well-connected prisoners have many opportunities to bribe them for better treatment. Other inmates may be abusive to guards for no reason. In either case, the guard must treat prisoners equally. They must enforce prison rules firmly and consistently. Not only does this policy ensure smooth prison administration, it provides an ethical model for prisoners to follow.

According to An Ethical Dilemma in Corrections by Albert De Amicis (2005), the problem of sexual misconduct committed by male correctional officers on female prisoners is a problem that has reached epidemic proportions throughout the nation. The corrections profession is considered to be one of the most challenging careers in existence today.

Why? You might ask.

 This is because a normal day consists of dealing with some of the most difficult, violent, and unruly criminals locked behind bars. Whether correctional staff work in large, medium, or small in facilities, there is one common factor. Personnel, by their position and authority, are empowered to control the environment at their correctional facility. When a staff member falls prey to an inmate who manipulated him or her into an indiscretion, this breaches the security network. This break can result in injury or death of staff/inmates/visitors, escape, and/or introduction of contraband (Cornelius 2001, p.175).

Although a difficult profession the ethical standards are important and must be maintained such as rendering professional service to the justice system and the community at large in effecting the social adjustment of the offender. And the upholding of the law with dignity and integrity displaying an awareness of responsibility to offenders while recognizing the right of the public to be safeguarded from criminal activity.

Please feel free to comment and share your views.

Independent Commission of Investigation (INDECOM) Focus on Ethics

Police brutality!!! Wi waah justice! Him neva do nut’n! him innocent and dem just kill him fi nut’n!

Sounds familiar?

Here in Jamaica cases of police misconduct is quite common and we often see and hear reports of it on our daily news.  This issue of police misconduct is a problem that plagues our society.

The rate of lethal police shootings in Jamaica is one of the highest in the world. An average of 140 people per annum have been shot and killed, according to official statistics, for the last ten years, in a country whose population is only 2.6 million. Police accounts of victim-initiated "shoot-outs" continue to be disputed in many cases by witness accounts and contradicted by forensic evidence.

 There is an unparalleled level of police shootings in Jamaica, so says Baroness Nuala O’Loan, a member of the United Kingdom House of Lords and a former police ombudsman of Northern Ireland while speaking at an open day staged by the Independent Commission of Investigations (INDECOM) on, August 16 at the Old Hospital Park, in Montego Bay, St. James as seen in an article from the North Coast Times Jamaica in August 2013. The article also stated that statistics now show that between January and June of this year; 2013 there was 147 fatal shootings by police.

The Independent Commission of Investigations is an organization created to take on impartial investigations concerning actions by members of the Security Forces and other agents of the State that result in death or injury to persons or the abuse of the rights of persons; and for connected matters. The Commission took over from the Police Public Complaints Authority on August 16, 2010 and the scope of its operations is outlined in the Independent Commission of Investigations Act.

As stated in a Jamaica Observer editorial, the issue of loyalty among squad members, in particular, is a feature of most police departments worldwide. In some jurisdictions, it is known as the ‘Blue Code of Silence’ or the ‘Blue shield’. Here in Jamaica it is labelled it the ‘Squaddie Mentality’. Basically it is an unwritten agreement among cops not to report crimes, misconduct or mistakes committed by their colleagues. (Jamaica Observer Editorial, June 12, 2012) The editorial also stated that Mr. Terrence Williams and his team at the Independent Commission of Investigations (INDECOM) in his quarterly report to the Legislature stated that, “It is striking that in all our current cases, no member of the security forces implicates themselves or their colleagues in misconduct. Perhaps an explanation may be the ease with which agents of the state may collude before giving a statement.”

Please feel free to comment and share your views.

The Most Honourable Michael Manley- The Political Hostilities of the Manley Era-1970s

According to The People's National Party Facebook page today, March 6, 2016 marks nineteen years since the death of The Most Honourable Michael Manley, former Prime Minister and leader of the People's National Party at the age of 72. The Facebook page went on to state that Comrade Michael "Joshua" Manley legacy lives on. He lived a life of passion for people, progress, equality and Justice.

Focusing directly on the Manley Era, there was extensive conflict in relation to politics in Jamaica. According to michaelmanley.org Manley entered representational politics in the 1967 general election, winning the Central Kingston constituency. After his father’s retirement, he comfortably won the People’s National Party (PNP) contest for party leadership. He was consequently appointed Leader of the Opposition. Manley zeroed in on the failings of the Jamaica Labour Party (JLP) administration, which had held the reins since independence in 1962. He inveighed against social injustice and inequality, which, he claimed, pervaded Jamaica.

Economic conditions in Jamaica deteriorated in the 1970s. Amid accusations of destabilization by the CIA, the IMF, foreign investors, the US media and opposition, politically motivated violence escalated, worsening an already problematic situation. Crime and violence was rampant. In June 1976 Mr Manley, in response to popular demand, declared a state of emergency during which there was some curtailment of civil liberties, including detention of scores of alleged troublemakers.

But how much do we know about political hostilities? Is this the point in time that political violence in Jamaica began?

Please feel free to comment and share your views and what you know in relation to this.

Prosecuting Attorney's Ethical Misconduct

Prosecuting attorneys have ethical principles to maintain or a defendant might be punished for a crime he or she did not commit. As a prosecuting attorney, it is your ethical responsibility to provide truthful, accurate testimony and supportive evidence to justify your claims. If the lawyer knows that evidence was tampered with; an expert witness has strong biases that might affect the case or an eye witness account is not error-free, you should not present the evidence as proof against a defendant. Ethically, it is a prosecuting attorney’s duty to present complete facts, not partial facts, fiction or biased judgments as part of the case against a defendant.

Professional misconduct by prosecuting attorneys is not a new issue Jamaica. According to The Gleaner article written by Daraine Luton, entitled, “Bad Lawyers - More Than 200 Complaints against Attorneys Last Year”; approximately 216 complaints were made against attorneys-at-law by members of the public to the General Legal Council (GLC) in the year 2011-2012. This article also highlighted a case in which attorney, Haughton-Cardenas was found guilty of professional misconduct for her failure to pay over the sum of $2.6 million received by her for the complainant in a suit in which she acted for the complainant against Northern Caribbean University for wrongful dismissal and defamation. The defendant paid to Haughton-Cardenas the sum of $2.6 million by cheque dated 18th April, 2008, which was lodged on April 22, 2008. Haughton failed to pay over the sum collected or any part thereof as she was required to do, and she failed to account to the complainant for her money when she was reasonably required to do so in breach of Canon VII (b) of the Canons of Professional Ethics Rules.

As I have seen in many of these cases relating to ethical misconduct of attorneys, there is a failure to pay over money or failure to provide clients with all information as to the progress of their case. As representatives of clients, an officer of law and citizen they are expected to maintain a certain level of “good” conduct in society.  Simply put, though they don’t on numerous occasions attorneys are persons who should always uphold justice as they are a part of the face of justice.

Please feel free to comment and share your views. 

Election Fever

On this day, Wednesday February 24, 2016 only a few minutes until the day of Jamaica's General election and Jamaicans are in full election mode. 

For many youths this will be their first time voting, and they are extremely excited and proud to be getting the chance to exercise their democratic rights. Their decisions about who to vote for; where to put the ‘X’ came down to  a variety of factors; whether it be whose promises were less outrageous, realistic and achievable; or  who promise prosperity,  progress, job opportunities, tax removal, an overall better Jamaica. However many persons decision are also based on which party their family or friends belong to i.e. how they are socialized. As many Jamaicans would say, “mi a bawn labourite” or “mi a PNP from mi eye deh a mi knee” expressing their devotion to their party of choice.

According to Roger Brown in his article entitled’ “Jamaica 2016 election: Conundrum or crossroads?” in the Jamaica Observer, for over a generation, the PNP has had an unbreakable electoral lease on Jamaica House, save for a recent period when they briefly lost the key; having found it, they almost lost it again. Staring down the barrel of international bankruptcy, they acceded to punitive IMF terms, picked up the tax axe, and started hacking; it was hard work, but they saved the house… only problem is that the lease is up for renewal yet again.

Brown went on to add that in 1989, when the modern lease began, the J$/US$ exchange rate was $5.50 to US$1; when the lease expires next week, the J$/US$ exchange rate will be apx $122:1 with lease payments devaluing by a staggering 2,000 per cent over 27 years, the owners of the House (ie, Jamaicans), appear to have been serially shafted.

Neither the PNP nor the JLP embrace change easily; but whoever wins tomorrow is morally bound to tell the nation some hard truths and chart a course much different and improved than the one sailed for the past generation that only led to debt, devaluation, and distress.

So as the clock ticks we await the answer to the questions will Jamaica remain afloat in this restless sea, or be guided to a safe dock? Will it be the Green Tide or the Orange Wave that will return? Truth be told, it doesn’t matter a great deal: Jamaica’s true test comes not on the Election Day, but in the days thereafter. 

For me whether it is the ruling People’s National Party (PNP) or the opposing; Jamaica Labour Party (JLP), "Power" or "Shower" that forms the next Government, my only hope is that the administration places great emphasis on matters such as, education, agriculture, health care, national security, and maintaining and improving the justice system so that there will be an opportunity to form a better Jamaica. one in which we can  all be proud to live.

Please feel free to comment and share your views.