Equality before the law
Equality before the law, like universal suffrage, holds a privileged place in our political system, and to deny equality before the law delegitimizes that system. . . . when these rights are denied, the expectation that the affronted parties should continue to respect the political system . . . that they should continue to treat it as a legitimate political system--has no basis. —David Luban, Lawye |
Judges have taken control of the “right” to assert your guaranteed rights,
Corruption is the abuse of power by a public official for private gain or any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose. The abuse of public offices for private gain is paradigmatic of corruption.
A common belief is that corruption is a judge taking bribes. The definition exceeds this theory. Corruption describes any organized, interdependent system in which part of the system is either not performing duties it was originally intended to, or performing them in an improper way, to the detriment of the system's original purpose.
Corrupt judicial systems not only violate the basic right to equality before the law but deny procedural rights guaranteed by the Constitution.
While corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and mail fraud.; it is not restricted to these activities. In this country, corruption is so common that it is expected when ordinary businesses or citizens interact with government officials. The end-point of political corruption is a kleptocracy, literally "rule by thieves".
A recent survey demonstrated that officers felt corruption for personal gain was a much more serious charge than engaging in corrupt behavior that appears "to benefit society at large."7 This sub cultural value system rationalizes constitutional rights violations.
Arrogance has no place in policing, and agencies that have a culture of arrogance will only foster allegations of organizational tolerance for noble cause corruption and betrayal of the public service philosophy. When officers and administrators believe that the ends justify their means, such as illegal searches, "articulation" in report writing, illegal arrests and "testilying," they corrupt their own system.
Departmental values shape professional norms and lay the foundation for the discretionary judgments necessary for effective policing. Officers, as well as police supervisors, often lose their perspectives on constitutional policing when these values are not reinforced.
Police transparency and accountability require administrators to establish internal procedures so that allegations of misconduct and cover-up will not occur. This transparency preserves the department's public image. Failing to implement a thorough and professional internal investigative system of accountability becomes very costly in litigation. Police administrators must be fair, but vigilant, in their efforts to combat noble cause corruption in order to defend their agencies against allegations of organizational tolerance for misconduct in court.
The law constantly balances interests, and policing is no different. Such a balancing incorporates protecting the rights of law-abiding citizens on one hand, and respecting the constitutional rights of alleged criminal citizens on the other.
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