Law Enforcement

[clarkezorian]

Issue #6 Linkage Blindness

Blog #6

This is blog six of six which will highlight the issue of linkage Blindness within each aspect of the criminal justice system.

What is linkage Blindness?

Linkage Blindness refers to the inability to analyze and link important information with and among various agencies found within the criminal justice system. In today’s society there is a complex system of laws and institutions that are separate from each other; hence, difficulties usually arise as it relates to sharing/ linking information. This will then result in linkage blindness which may lead to the failure of the various agencies/ arms of justice.

Linkage Blindness in Law Enforcement, Court & Corrections 

Linkage blindness affects the law enforcement arm of the criminal justice by system by preventing law enforcement officials from obtaining all records of criminal activity about the suspect. This will then lead to inadequate information which may negatively affect the case moving forward. Linkage Blindness can occur in the court system when going through trial procedures, if contact is not made with other agencies that may have mutually beneficial information about the case. Linkage blindness can affect the court system by  preventing them from obtaining relevant information that may help to determine the actual severity of the case and the correct punishment. 

How to Reduce Linkage Blindness?

In order to reduce linkage blindness, efforts must be made to obtain all relevant criminal information about the suspect. Police officers must communicate current cases to other agencies whether state or federal to again access to private information that may be used to speed up the process and solve the crime. 

Linkage blindness can be reduced if communication is increased and if all criminal justice agencies play a role in the adjudication process. By communicating with other agencies and linking information, you may gain additional information that may change the outcome of the case.

In cases where linkage blindness is present, one may resolve it by ensuring that all the relevant agencies, have analyzed all the facts and linked all the information that will aid in the proper method of punishment for this individual. By doing so, we will be able to ensure that there is nothing left unaccounted for that could change the outcome of the offender’s punishment.

Linkage blindness is a common issue of miscommunication that can affect our justice system negatively; therefore, it is essentially that we try to reduce linkage blindness in law enforcement, corrections and all other areas within the criminal justice system, so that various agencies may benefit from important information and be able to solve numerous cases. 

Educate Yourself, Get Involved! Stay Tuned for More- Zorian Clarke

Reference

Grant, Heath, B. Terry, Karen, J. (2012). Law Enforcement in the 21st Century. 3rd Edition

[clarkezorian]

Issue #5 Classism

Blog #5

This is blog five of six which will highlight the issue of classism within the criminal justice system. This issue is often overlooked as it is not just an issue within law enforcement but also an issue within the society at large. 

What is Classism?

Classism refers to a level of prejudice and discrimination towards someone of a particular social class. Classism often favors the upper class, somewhat benefits the middle class and negatively affects the lower class. The upper class represents a small percentage of the population, in whose hands over 85% of the country’s wealth is concentrated. The lower class represents majority of Jamaica’s population and the lower class in most country’s typically holds 2% of the country’s wealth. The middle class as the name suggests is in the middle and is the second highest in terms of concentrated wealth and % of population. 

Classism in Law Enforcement

Classism is a issue of law enforcement especially in Jamaica where our justice system is filled with corruption. In today’s criminal justice system, it is easier for an individual belonging to the upper class to get away with criminal activity. One such example is the case of the former Minister of Education, Ruel Reid. We can see where he embezzled numerous funds from the Caribbean Maritime University and from the government, and after being caught he was only spotlighted for a few months after which this case became a thing of the past since the public is unaware of current happenings.  

Classism can also be seen in many other areas of law enforcement on a daily basis and it is evident in the ways in which persons of the lower class are treated when compared to those of the upper class. Crimes are usually concentrated in communities in Jamaica that are of the poorer class; hence, when citizens are associated with those communities or of the lower class they tend to be treated as criminals at all times, regarded as less than and given the worst treatments. On the other hand, citizens from upper class communities that have a certain status tends to be treated with respect and are usually “above” the law. This can be seen in simple everyday situations, for example, it is extremely rare for a politician, doctor, successful very prominent entrepreneur or any member of the upper class to be given a ticket for speeding. Usually as soon as these persons are identified they are “let off the hook”. 

For too long, classism has affected the fairness and legality of the justice system and this has continued to add to the high levels of corruption within law enforcement. Let us end this issue once and for all and strive for justice. 

Educate Yourself, Get Involved! Stay Tuned for More- Zorian Clarke

[clarkezorian]

The Bible Story of Cain and Abel (Genesis 4)

Blog #4 

This is blog number four of six which will highlight the bible story of Cain and Abel and analyze and compare the measures of justice used then to those being used now. 

Summary of Story

The story is told of two brothers; Cain and Abel, the sons of Adam and Eve. Cain was the older of the two brothers and was a tiller of the ground, who we would call a farmer in today’s society. On the other hand, Abel was a keeper of sheep/ a shepherd. In this story, they were expected to give offerings (living sacrifices) to God, in which Abel offered the fat animals of the first-born of his flock while Cain offered fruits. This led to God favoring Abel’s offering because Cain had disobeyed his request for a living sacrifice. Cain became so angry that he killed his brother, and denied it. Consequently, God punished Cain by putting a curse on him so that he would not be able to plant and reap abundantly and also by condemning him to a life of wandering. 

How is this similar to today’s society?

This can be compared to the measures of Justice in today’s society in that, both societies have systems and leaders in place that will administer punishment to individuals who have committed unlawful actions. In the biblical society, it was considered a crime to kill another person and this was outlined in the ten commandments, while in modern society we have laws in place which when violated will be met with various consequences. 

What differences would there be for this action in today’s society?

In the society in which Cain and Abel lived, Jesus was the one who administered punishment and they had no structured justice system in which they had trials. On the other hand, in today’s society there is a structured justice system with various arms (law enforcement, courts, corrections) that deals with individuals who have committed crimes which allows them to go to a fair trial to prove their guilt or innocence. Cain was guilty and despite saying he knew not where his brother was, he was given this punishment because the all-knowing God had evidence (Genesis 4:10 (NIV), The Lord said, “What have you done? Listen! Your brother’s blood cries out to me from the ground.). In today’s justice system, evidence needs to be solid and irrefutable in nature which both the defense and prosecution can not contest or deny. 

In today’s society, Cain’s actions would be classified as First degree murder where he would go to trial and when found guilty would be sentenced to life imprisonment with a low chance of getting parole, instead of simple being ostracized from society and being condemned to a life of wandering. This is due to the fact that he planned to bring his brother to the field (premeditated) and intended to kill him (mens rea) out of anger, hatred and jealousy. 

Justice back then is very different from the numerous measures of justice now. The actions of Cain would have been met with serious consequences if this happened in the modern system of justice. however, while they are different, we see that in both societies, criminal acts will be punished even though the method of punishment or judicial system was not necessarily the same. 

Educate Yourself, Get Involved! Stay Tuned for More!- Zorian Clarke

[clarkezorian]

Issue #4 Police Corruption

Blog #3

This is blog three of six which will highlight the issue of police corruption that is plaguing our Criminal Justice system.

What is Police Corruption? Police corruption refers to a form of police misconduct, where officers violate or disregard the laws for their own personal gain. For example, a corrupt officer may let a careless driver leave without a ticket, if that careless driver pays the officer off or makes an offer to the officer that’s mutually beneficial.

Types of Police Corruption

The two main types of police corruption are:

Bribery 

According to the cited article on police corruption and misconduct, bribery refers to the offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of an official in the discharge of his or her public or legal duties. Bribery may involve public or private officials/individuals can consist of cash or personal favors, a promise of later payment, or anything else that the recipient views as valuable. A written agreement is not necessary to prove the crime of bribery; however the prosecutor must show corrupt intent. It is common for both the recipient and the provider of a bribe to be accused, although bribery is not a joint offense (one person's guilt does not affect the other's).

Extortion 

The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. Under the COMMON LAW, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer. Extortion is generally punished by a fine or imprisonment, or both. When the offense is committed by a public officer, the penalty may include FORFEITURE of office. Under some statutes, the victim of an extortion may bring a civil action and recover pecuniary damages. Extortion is also a federal offense when it interferes with interstate commerce. It is punishable by a fine, imprisonment, or both. Another federal statute makes it a crime to engage in extortionate credit transactions.

Causes of Police Corruption 

The main cause of police corruption is personal greed; however, corruption can be caused by low democracy which includes weak participation of citizens and low political transparency. This means that corruption is as a result of citizens refusing to complain and accepting corruption as the norm, since the political system is not as transparent as it should be. 

Corruption can also be caused by lack of adequate investigative agencies. The most dominant investigative agency for agents of the state in Jamaica is the Independent Commission of Investigations.

Another cause of corruption is due to our slow judicial process. This gives the officer too much time away from court and the ability to lose evidences and other materials. This also gives time for the case to be forgotten, overlooked and put on the burner. 

Police Corruption can also be caused by the cultural environment in which the security forces are situated. Jamaica has numerous inner-city communities that are plagued with violence and this greatly affects the security forces, as they themselves are products of these communities. 

Effects of Police Corruption and How can these be remedied?

Leads to mistrust among citizens and police officers

Creates a social divide between law enforcement officials and members of the public

Increases the levels of crime, violence and corruption within the area.

This can be solved if similar agencies to that of INDECOM are put in place to conduct more investigations of the fairness and legality of the criminal justice system. A proper vetting system should be implemented for new law enforcement officials who are interested in being a part of a security force. Finally, a faster and more efficient judicial system must be implemented so that cases don’t get disregarded or forgotten overtime.

Educate Yourself, Get Involved! Stay Tuned for More! -Zorian Clarke

Reference

Police Corruption and Misconduct - History, Contemporary Problems, Further Readings. (n.d.). Civil, Law, Federal, and Officers - JRank Articles. Retrieved October 12, 2021, from https://law.jrank.org/pages/9248/Police-Corruption-Misconduct.html

[clarkezorian]

Issue #2 Use of Force and Issue #3 Abuse of Power

Blog #2

This is blog two of six which will highlight two additional issues in law enforcement, namely use of force and abuse of power. 

Use of Force

It is the role of law enforcement officials to minimize deviant and criminal behaviour by exercising formal social control. This exercise of control usually leads to and/or involves the use of force. The use of force is an essential aspect of policing to ensure public order; however, in some situations the use of force is not a necessity for effective functionality. According to the National Institute of Justice, officers should only use the amount of force necessary to resolve an issue, make an arrest, or protect themselves or others from harm. 

The police officer’s use of force has become a very prominent issue in today’s society due to their abuse of this privilege and their immediate response being one of violence. An individual is said to have justifiable use of deadly force when they are being threatened in such a way that only deadly force is able to prevent death or great bodily harm to the officer or other citizens, or to prevent a felony from being committed. The video below is one of many that have been circulating, which displays members of the Jamaican Constabulary Force using deadly force in situations that did not require any form of lethal force/action. 

Abuse of Power

Another issue that affects law enforcement in the current society is the issue of abuse of power. This issue usually goes hand in hand with use of force, as use of force is one way to demonstrate how they have abused their power and authority.  Abuse of power involves police officers who use their ranks and positions to manipulate citizens for their personal gain. For example, a police officer may make a false arrest of someone who they have a grudge against or unlawfully assault citizens for their personal leisure. 

Jamaica has a high crime rate and abuse of power is a cause of this. If investigations were to be conducted within each station, the results would be alarming as there would be a large number of officers who have carried out unlawful murders, manipulate citizens and the system of government, or who have conducted searches and seizures without a warrant. This goes to show how power is being greatly abused by citizens who are entrusted to uphold the law. This is a pressing issue, and is the root cause of corruption within Jamaica. 

Educate Yourself, Get Involved! Stay Tuned for More!- Zorian Clarke

References

Grant , Heath, B. Terry, Karen, J. (2012). Law Enforcement in the 21st Century. 3rd Edition

National Institute of Justice. (2020, March 5). Overview of Police Use of Force. https://nij.ojp.gov/topics/articles/overview-police-use-force

[clarkezorian]

The video above is the recruitment advertisement used by the Jamaican Constabulary Force. Are the requirements enough? Will this...

[clarkezorian]

Issue#1 Recruitment and Retention of Police Officers

Blog #1 

This is blog one of six, which will highlight how police officers are selected and inform you of the issues involved. The police force is male-dominated, but could this be as a result of the recruitment and selection process? Let’s dig a little deeper.

The Selection/Recruitment and Evaluation Procedures

Police officers are always being recruited; hence, there is always an opportunity to enter the force.  Once the pre-requisite criteria are met such as the  age and academic qualifications, an application is made with the relevant certified documents. To become a police officer, one must go through numerous steps and procedures that will determine the capabilities for the tasks that awaits them law enforcement.

 In Jamaica, one must sit an entry examination after the application form has been submitted and approved. This exam covers numerous topics and has a pass mark of 60% for matriculation into the second part of the selection process (the Antecedent Investigations).

Being apart of the force is a privilege afforded only to upstanding citizens, which is why antecedent investigations are necessary. In this section, background checks are done, police criminal records are obtained and references/ associates are contacted. This is then followed by a panel interview which tests your general knowledge, ability to communicate and how you feel about the police force.

 A physical assessment in the form of a fitness examination is also required since policing is a very tedious job. The pass mark is 60% which guarantees matriculation into the next phase. Further security checks are done to record biometric data such as fingerprints in order to ensure that you are a law-abiding citizen both locally and abroad. This is followed by a medical assessment where x-rays, blood, drug, urine, pregnancy, and hearing tests are done to ensure that the individual is fully functional and is able to withstand the vigorous tasks ahead.

 Finally, a psychological assessment is done to test for intelligence, aptitude and personality traits. This section also involves a test for morality and a polygraph test to ensure that the individual is mentally stable and fit to become a police officer.

 The steps mentioned above contribute greatly to the selection of police officers, as only the individuals who are successful in all areas which be selected to start their training on their path to becoming a Jamaican police officer.

The Issues at hand:

Firstly, vacancies are always open for police officers due to the escalating crime rate in Jamaica and the reluctance of citizens to become a part of this “force for good”. Many of the steps involved in the process outlined above were strictly designed to test men, as most females will least likely be successful in its completion; consequently, law enforcement has become male dominated where the few women involved are discriminated against.

It is often quite expensive to fund the recruitment and selection process, and as a result, most steps are eliminated which leads to more individuals joining the force who are not necessarily the best fit. This often leads to a corrupt police force that fails to carry out its functions effectively, and leads to a lower officer retention rate.

Modern systems of testing may be unavailable; therefore, results obtained in the recruitment process may not necessarily be the accurate. This could also lead to ineffective, unfit or corrupt individuals being selected.

Educate Yourself, Get Involved! Stay Tuned for More! ~Zorian Clarke

Reference

Cornwall, I. (2018, July). What are the requirements to become a police officer in Jamaica?. My Island Jamaica. https://www.my-island-jamaica.com/what-are-the-requirements-to-become-a-police-officer-in-jamaica.html

[clarkezorian]

Introduction- Law Enforcement

My name is Zorian Clarke, and I am a Criminal Justice major at Northern Caribbean University. I have started a series of blogs to not only assist in completing my coursework, but which will also bring awareness to Law Enforcement and the issues involved. This is blog one of six which will highlight both the early efforts of policing and modern policing. We will take a deeper look at Law Enforcement and the multiple issues involved, along with the analysis of a biblical story in which laws and punishments were applied. This blog will also provide a greater understanding of the issues involved in the selection and evaluation of police officers in Jamaica.

What Is Law Enforcement?

Law Enforcement refers to the various agencies, organizations, officers and law enforcement personnel who are responsible for the maintaining social and public order, enforcing the laws of the land and managing public safety. There are numerous significant roles and duties of law enforcement which include carrying out various criminal investigations and apprehending/detaining suspects and possible criminals. 

Efforts of Policing

In the early years of law enforcement, there was no formalized system of law enforcement with no structured police force. Due to this, the responsibility of maintaining social order, safety and enforcing laws were left on the shoulders of community members. This led to various systems such as the Vigilante policing, Hue and Cry etc. However, in the 20th century the law enforcement system became formalized. 

Issues 

In the upcoming blogs, we will highlight and explain six issues that are plaguing the current law enforcement system. The six issues are as follows:

Recruitment and Retention of Officers

Use of Force

Abuse of Power

Corruption

Classism

Linkage Blindness

Educate Yourself, Get Involved! Stay Tuned for More! ~Zorian Clarke 

Reference

Bureau of Justice Statistics. (2021, February 18). Law Enforcement. https://bjs.ojp.gov/topics/law-enforcement.