Currently there are no federal laws governing employment contract of law enforcement, and in fact, law enforcement has yet to be professionalized or federalized in any way. This situation may change in the future as the quality of law enforcement in the United States is being increasingly called into question due to incidents like the one described in the sample scenario in which an officer has been repeatedly accused of unnecessary force and brutality. As an administrator, I would like to see this officer’s contract immediately terminated. I will be constrained mainly by the general Department of Labor fair labor standards, as well as any employment law considerations that appeal to specialized personnel. If the members of my department are members of a police union, then there could be some serious repercussions I would need to consider. For example, Friedersdorf (2014) points out that faulty arbitration procedures sometimes hinder a rightful termination rather than simply protecting employees from wrongful termination. “Too many cops who needlessly kill people, use excessive force, or otherwise abuse their authority are getting reprieves from termination,” (Friedersdorf, 2014, p. 1). I would gather as much information as I could that substantiated our claims that the officer had committed systematic wrongdoings and was a detriment to public safety. Due process considerations might help determine which issues to focus on when outlining and communicating the grounds for termination, as well as how to frame those issues as criminal misconduct (Jensen & Kim, 2015). Consulting with legal counsel would tremendously help us to successfully terminate the officer while also setting in motion procedures for changing the organizational culture that...
(2014). How police unions and arbitrators keep abusive cops on the street. The Atlantic. Retrieved online: https://www.theatlantic.com/politics/archive/2014/12/how-police-unions-keep-abusive-cops-on-the-street/383258/
Jensen, E.L. & Kim, M.N. (2015). Termination of public employees.due process requirements. Forge Ahead. Retrieved online: http://www.heylroyster.com/_data/files/Seminar%202015/Govt/G-ELJ-V5-Final.pdf
Unit 2 Discussion
The Eighth Amendment to the Constitution protects citizens from cruel and unusual punishment while in custody. The story of Jennifer Lobato demonstrates why the Eighth Amendment is important, and how the rights of persons in custody can be and are systematically violated. To promote and enhance the provisions of the Eighth Amendment, the American Bar Association (2017) has developed a comprehensive set of standards governing the treatment of prisoners. In Lobato’s case, the suspect was being held in custody and was under arrest for shoplifting; she was not technically in prison because she had not been convicted of any crime. Regardless, the principles of basic human rights covered under the provisions of the Eighth Amendment apply both to persons in prison and in police custody.
Lobato had reportedly been vomiting in her cell and complained of feeling ill mere hours before her death. One correctional officer was under investigation for mocking and “scoffing at” Lobato (Paul, 2015, p. 1). Administration, in this case the sheriff’s office, responded by placing three of its deputies on administrative leave and conducting an investigation. This…
