Confidentiality Rules of Defense Attorneys

Police officers are essential section of a country’s workforce as they keep law and order among the citizens. They are expected to serve the citizens and ethically conduct themselves as per their terms of service. However, they are going against their professional conduct by practicing corruption as they do their duties.

 Police corruption

            Police corruption is a form of police misconduct prevalent in many parts of the country. The police officers have disregarded their professional ethics and decided to abuse their power for personal gains. One of the forms of police corruption is soliciting or accepting bribes in exchange for not reporting information on organized illegal activities such as drug trafficking and violation of the state laws. The second form of police corruption includes perjury where police officers lie to protect another officer in a court of law when they are undergoing investigations(Kumssa,2015).

             The third type of police corruption is selective enforcement where the police officers offer immunity and overlook illegal activities that have been performed by a close person or someone who gives favors to them and is protected from facing the law. The fourth type of corruption is the extortion of citizens by demanding payment from someone on the wrong side of the law in return for police protection. Finally, another form of corruption is direct criminal activities whereby the officer’s plan and engages in illegal activities themselves.

Use of force by the police and the contributing factors

            The use of force by police officers on criminals and suspects to compel compliance is allowed. However, the amount of force used should be one which can be used by a reasonable officer.  The enforcement of laws in the country is often accomplished through the use of reasonable physical force when certain situations arise. The law enforcement officers should use the necessary amount of force to contain lawlessness. Although excessive force has been applied before by the police officers, it is not justified and should not be used on the suspects.

            Some factors contribute to the use of force by the justice department on the suspects and other civilians. These factors are categorized into three groups which include officer related factors,suspected related and situational factors. The officer related factors include gender which states that male officers are more likely to use force on their suspects than their female counterparts faced with equal resistance (Worden, 2015). The other contributing factor on the use of force is the term of service and experience of the police officer. Officers of a few years in service and less experience are more likely to use force than experienced officers with a long term of service. Psychological factors such as job-related stress, job burnout, and dissatisfaction also contributed to the use of force on suspects. The police officers experiencing these factors were more likely to use force on their encounters with the suspect.

            The suspect related variables that contributed to the police officers use of force arethe gender. The law enforcement officers are more likely to use force on male suspects compared to the female ones. According to Worden (2015), the age of the suspect is also a contributing factor; police officers used more force on young suspects than the old ones. The other factor is the physical traits of the suspect where strong characters are more likely to encounter police brutality as more backup will be required. The situational factors include self-defense by the police officer or when he uses force to prevent a suspect from harming the public. Another situational factor is resistance by the suspect whereby the police uses force to compel him or her to surrender. The factors discussed above show reasons as to why the police officers may use force on their suspects.

Noble –cause corruption

            Noble cause corruption in the law enforcement department is corruption committed to acquire good results and make the world a safer place. This form of corruption occurs when police officers view bending the rules for the greater good as acceptable and is no longer police misconduct (Caldero, 2014). They do anything in their power to bring law and order and security in the land. This form of corruption is due to the adherence of teleological ethical systems where the end justifies the means. This form of corruption occurs where the officers feel no form of accountability, lack leadership and motivation. An example of a noble cause corruption is where an officer plants evidence and gives false information in court and abusing their authority so that a charge can stick.

Confidentiality rules of defense attorneys

            The attorneys –client privilege laws states that a lawyer shall not knowingly reveal any confidential information of the client without their consent. The lawyer is not also supposed to use the client’s confidential information to the disadvantage of the client. According to Romeo (2017), the lawyer is not supposed to use any confidential information that is made known to him by the client for his advantage or that of a third party. However, there are some exceptions to the confidentiality law where the attorney can reveal the client’s confidential information to a reasonable extent to prevent a criminal act that can result in death or harm. The attorney can disclose the information to prevent intimidation of witnesses orother persons involved in a proceeding. He can also provide this information when required by a court order. The attorney can also disclose the information with the client’s consent or at the event where the client is committing a crime or fraud that could result to injury of the financial interest of another person(Romeo, 2017). Finally, the lawyer has an exception of confidentiality when there is need to secure legal advice about his compliance with the law.

A shift in the  goals, mission and legal considerations of law enforcement

            After the September 11 terrorist attack, the law enforcement department saw a drastic changethrough the formation of homeland security which would oversee crime prevention and control in the country. The event led to increased training, funding, and harnessing of new technology to improve the safety of the nation. The goals of the law enforcement department also evolved. The first goal was to create intelligence-led policing which would help in the identification and management of crime(Golash-Boza, 2015). The second goal was the formation of multi-jurisdictional partnerships that would help control regional threats.

            The third goal for the department would be to engage the private sector to promote homeland security through the provision of reliable information on crime. The fourth goal was threat assessment throughout the country through the various infusion agencies. The department also formed an informationsharing environment where all the information would be made available to the various stakeholders. The mission also evolved but is majorly on prevention and control of crime inside and outside the country. The ethical considerations also changed as law enforcement officers are required to make proper decisions as they go about their duties. The officers are required to safeguard the lives and property of the civilians without bias. The officers are also needed to lead by example as they enforce the laws to the public (Miller& Blackler, 2017).

Conclusion

            The law enforcement department is essential and should work to provide the best services to the civilians without any bias.

References

Caldero, M. A. (2014). Police ethics: The corruption of noble cause. Routledge.

Golash-Boza, T. M. (2015). Immigration nation: Raids, detentions, and deportations in post-    9/11 America. Routledge.

Kumssa, A. (2015). Police corruption: A perspective on its nature and control. Donnish Journal            of Political Science and International Relations, 1(1), 1-8.

Miller, S., & Blackler, J. (2017). Ethical issues in policing. Routledge.

Romeo, A. (2017). The Attorney-Client Privilege: Grounding Confidentiality in Legal             Theory. Rechtstheorie, 48(2), 235-254.

Worden, R. E. (2015). The causes of police brutality: Theory and evidence on police use of  force. Criminal justice theory: Explaining the nature and behavior of criminal justice,             149-204.