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Kathy
Kathy, Teacher
Category: Homework
Satisfied Customers: 3095
Experience:  Elementary teacher for 16 years Bilingual Spanish English and with a Psychology Masters
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1) What is a bureaucracy and which aspects of police organizations

Resolved Question:

1) What is a bureaucracy and which aspects of police organizations make them bureaucracies?
2) In regards XXXXX XXXXX enforcement, how do the role and function of sergeants differ from those of upper and middle management?
Submitted: 3 years ago.
Category: Homework
Expert:  Kathy replied 3 years ago.

Kathy :

I will start working on your assignment and I will have your answer ready for tomorrow. I hope this work for you. Thanks

Customer :

How early can you have my answers for tomorrow?

Kathy :

I just need to finish the last question to send you the answers. Probably in another thirty minutes. Thanks

Customer :

Thanks!

Kathy :

Attached are your answers. I hope this helps. You will need to copy the below link to your browser in order to open the word document. Please let me know once you open the answer and I will delete the mediafire file. Thanks

Customer :

Received thanks!

Customer :

can you also answer the following question:

Customer :

In regards to "Good in Their Skin, Katz Three Skills," and motivating employees, explain the characteristics and skills of America’s best leaders.

Kathy :

I will delete your mediafire file and will work on this question I will have it ready by 8:00 am tomorrow. Thanks

Customer :

Thanks, XXXXX XXXXX definitely appreciate it.

Customer :

From the textbook,

Customer :

Characteristics and Skills of America's Best Leaders (Peak, 2006: pp. 45, 46): "Katz's Three Skills" Robert Katz, in 1975, identified three essential skills that leaders should possess: technical, human, and conceptual. Katz defined a skill as the caapacity to translate knowledge into action in such a way that a task is accomplished successfully. Each of these skills (when preformed effectively) results in the achievement of objectives and goals, which is the primary task of management. Technical skills are those managers needs to ensure that specific tasks are preformed correctly. They are based on proven knowledgee, procedures, and techniques. A police detective, a court administrator, and a probation officer have all developed technical skills directly related to the work they perform. Technical skills "involve specialized knowledge, analystic ability within that specialty, and facility in the use of the tools and techniques of the specific discipline. This is the skill most easily trained for. A court administrator, for example, has to be knowledgeable in areas such as computer application, budgeting, caseload management, space utilization, public relations, and personnel administartion; a police detective must possess techical skills in interviewing, fingerprinting, and surveillance techniques. Human skills involve working with people, including being throughly familiar with what motivates employees and how to utilize group processes. Katz visualized human skills as including "the executive's ability to work effectively as a group member and to build cooperative efforts within the team he leads." Katz added that the human relations skill involve tolerance of ambiquity and empathy. Tolerance of ambiquity means that the manger is able to handle problems when insufficient information precludes making a totally informed decision. Empathy is the ability to put oneself in another's place. An awareness of human skills allows a manager to provide the necessary leadership and direction, ensuring that tasks are accomplished in a timely fashion and wwith the least expenditures of resources. Conceptual skills involves "coordinating and integrating all the activities and interests of the organization toward a common objective." Katz considered such skills to include "an ability to translate knowledge into action." For example, in a criminal justice setting, a court decision concerning the admissibility of evidence would need to be examined in terms of how it affects detectives, other court cases, the forensic laboratory, the property room, and the work of the street officer. Katz emphasized that these skills can be taught in actual and prospective administartors; thus, good administarors are not simply born but can be trained in the classroom. Futhermore, alll three of these skills are present in varying degrees at each management level. as one moves up the hierarchy, conceptual skills become more important and technical skills less important. The common denominator for all levels of management is human skills. In today's litigious environment, it is conceivable that a manager could neglect the human skills.

Customer :

Motivating Employees: One of the most fascinating subject throughout history has been how to motivate people. Some have sought to do so through justice (Plato), others through psychoanalysis (Freud), some through conditioning (Pavlov), some through incentives (Taylor), and still others through fear (any number of dictators and despots). From the Industrial Revolution to the present, managers have been trying to get a full day's work from their subordinates. The controversy in the early 1900s caused by Japanese businessmen who stated that American wworkers were lazy certainly raised our collective ire; many US businessmen and managers would probable agree that better worker motivation is needed. As Donald Favreau and Joseph Gillespie stated, "Getting people to work, the way you want them to work, when you want them to work, is indeed a challenge." Maby theories have attempted to explain motivation. Some of the best known are those resulting from The Hawthorne Studies and those developed by Abraham Malsow's Hierarchy of Needs. Douglas McGregor's Theory X/Theory Y, and Frederick Herzberg's Motivation-Hygiene Theory, all of which are discussed here along with the expectancy and contingency theories.

Customer :

The above indicated source is from the textbook Justice Administration; Edition 6 (pp. 45 and 46)


ISBN: XXXXXXXXXX /p>

ISBN13/EAN: 9780135154373


Author(s): Peak, Kenneth J.


Publisher: Pearson Education


Published: December 30, 2008

Kathy :

I hope this helps. Attached is the answer to the last question you requested. Please let me know once you have opened the word document and I will delete the mediafire file. Thanks

Customer :

the computer that I am working on current does not support a docx program. could you place it in doc, thanks!

Kathy, Teacher
Category: Homework
Satisfied Customers: 3095
Experience: Elementary teacher for 16 years Bilingual Spanish English and with a Psychology Masters
Kathy and 4 other Homework Specialists are ready to help you
Customer: replied 3 years ago.
No problem, I was able to retreive the material, thanks!
Expert:  Kathy replied 3 years ago.
I will delete the file.
Customer: replied 3 years ago.

The questions to be answered are indicated in bold. Below each question, I have submitted the answers, which each question needs to be summarized into a least two or three paragraphs.

(Note: Neither references nor resources are needed).

 

Question #1:

 

In what major ways do jails differ from prisons in their organizations and administration?

 

The mission of most prisons is to provide a safe and secure environment for staff and inmates, as well as programs for offenders that can assist them after release. The typical organization of the central office within the state government, which oversees all prisons within its jurisdiction. Office of the Director - Each state normally has a central department of correction that is headed by a secretary. The prison director sets policy for all wardens to follow in terms of how the institution should be managed and inmates treated (with regards XXXXX XXXXX custody and treatment). In addition to the director, the staff within the Office of the Director includes public or media affairs coordinators, legislative liasons, legal advisers, and internal affairs representatives. Legal divisions, typically composed of four to six attorneys, responds to inmate lawsuits, reviewing policies for its legal impact, and offering general advice regarding the implementation of programs in terms of past legal actions. The administrative division collects information from all the state's prison, other divisions, and the governor's office to create a budget that represents ongoing operations and desired programs and growth.

Security staff wears military style uniforms; a captain normally runs each 8 hour shift, and lieutenants often are responsible for an area of the prison; sergeants oversees the rank-in-file correction staff. The unit management concept originated in the federal prison system in the 1970s and now is used in nearly every state to control prisons by providing a "small, self-contained, inmate living and staff office area that operates semi-autonomously within the larger institution. The purpose of the unit management is twofold: to decentralize the administration of the prison and to enhance communication among staff and between staff and inmates.

The education department operates the academic teaching, vocational training, library services, and sometimes recreation programs for inmates. An education department is managed similarily to a conventional elementary or high school, with certified teachers for all subjects that are required by the state department of education or are part of the GED test. Prison industries are legislatively chartered as separate government corporations and repor directly to the warden because there is often a requirement that the industry be self-supporting or operate from funds generated from the sales or products. Generally, no tax dollars are used to run the programs, and there is strict accountability of funds.

Correction administrators report that joint ventures provide meaningful, with a readily available and dependable source of labor, as well as the partial return to society of inmates earning to pay state and federal taxes, offset incarceration costs, contribute to the support of inmates' families, and compensate victims. Different types of of business relationships have been developed. In the personnel model, prisoners are employed by the state division of correctional industries, which in turn charges the companies a fixed rate for their labor. In the employee model, the company employs the inmates, and private companies own and operate their prison-based businesses, with prison officials providing the space in which the companies operate as well as a qualified labor pool from which the companies hire employees. In the customer model, the company contracts with the prison to provide a finished product at an agreed-on price. The correctional institution owns and operates the business that employs the inmates.

Across the US, approximately 3,316 jails are locally administered. Their organization and hierarchial levels are determined by several factors: size, budget, level of crowding, local views on punishment and treatment, and even the level of training and education of the jail administrator. The administration of jails is frequently one of the major tasks of county sheriffs. Several writers have concluded that sheriffs and police personnel see themselves primarily as law enforcers first and view the responsibility of organizing and operating a jail as an unwelcome task. Therefore, their approach is often said to be at odds with advanced corrections philosophy and trends.

 

 

Question #2:

 

According to Dilulio, what are some major principles of successful prison administration?

 

Beginning in the 1940s, however, an ideological shift from studying prison administrators to studying inmates occurred. The central reason for the shift seems to have been that prisons were poorly managed or were what prison researcher John J. Dilulio Jr. referred to as "ineffective prisons." Prisons that are managed in a tight, authoritarian fashion are plagued with disorder and inadequate programs; those that are loose, participative fashion are equally troubled; and those with a mixture of these two styles are no better.

In a 3 year study of prison management in Texas, Michigan, and California, however, Dilulio found that levels of disorder (rates of individuals and collective violence and other forms of misconduct), amenities (availability of clean cells, decent food, etc.), and service (availability of work opportunties and educational programs) did not vary with any of the following factors: a higher socioeconomic class of inmates, higher per capita spending, lower levels of crowding, lower inmate/staff ratio. Greater officer training, more modern plant and equipment, and more routine use of repressive measures. Dilulio concluded that "all roads, it seemed, led to the conclusion that the quality of prison life depends mainly on the quality of prison management.

Dilulio also found that prison managed by a stable team of like-minded executives, structured in a paramilitary, security-driven, bureaucratic fashion, had better order, amenities, and service than those managed in other ways, even when then the former institution were more crowded, spent less per capita, and had higher inmate/staff ratio: "The only finding of this study that, to me at least, seems indispensable, is that...prison management matters" (emphasis in the original).

Studies analyzing the causes of major prison riots found that they were the result of a breakdown in security procedures - the daily routine of numbering, counting, frisking, locking, contraband control, and cell searches - that are the heart of administrattion in most prisons. Problems such as crowding, underfunding, festering inmate/staff relations, and racial animousities may make a riot more likely, but poor management will make a riot inevitable.

 

Dilulio offered six general principles of good prison leadership:

  • 1. Successful leaders focus, and inspire their subordinates to focus, on results rather than process, on performance rather than procedures, on ends rather than means. In short, managers are judged on results, not excuses.
  • 2. Professional staff members - doctors, psychiatrists, accountants, nurses, and other non-uniformed staff - receive some basic training and come to think of themselves as correctional officers first.
  • 3. Leaders of successful institutions follow the management by walking around (MBWA) principle. These managers are not strangers to the cellblock and are always on the scene when trouble erupts.
  • 4. Successful leaders make close alliances with key politicians, judges, journalists, reformers, and other outsiders.
  • 5. Successful leaders rarely innovate, but the innovation they implement are far-reaching and the reasons for them are explained to staff and inmates well in advance. Line staff are notoriously sensitive to what administrators do "for inmates" versus "what they do for us." Thus, leaders must be careful not to upset the balance and erode staff loyalty.
  • 6. Successful leaders are in the office long enough to understand and, as necessary, modify the organization's internal operations and external relations. Dilulio used the term flies, fatalists, foot soldiers, and founders. The flies come and go unnoticed and are inconsequential. Fatalists also serve brief terms, always complaining about the futility of incarceration and hopelessness of correctional reforms. The foot soldier serve long terms, often inheriting their job from a fly or fatalist, and make consequential improvements whenever they can. Founders either create an agency or recognize it in a major or positive way.

To summarize, to "old" penologists, prison administrators were admirable public servants, inmates were to be restricted, and any form of self-government was echewed. To "new" penologists, prison administrators are loathsome and evil, inmates are responsible victims, and complete self-government is the ideal. Dilulio called for a new old penology, or a shift of attention from the society of captives to the government of keepers. He asserted that tight administrative control is more conducive than loose administrative control to decent prison conditions. This approach, he added, will "push administrators back to the bar of attention," treating them at least as well as their charges.

 

 

Question #3:

What are some primary substantive and administrative issues facing corrections administrators?


We briefly examine some substantive (e.g., overcrowding and problems involving the inmate population) and administrative (budgeting, human resource management, planning, and projecting for the future issues). Then selected administrative issues in the institutional setting are disccussed that concern certain offender populations: sexual violence, whether or not inmates should be issued condoms; hostage taking in detention facilities; mentally ill inmates; whether or not attack dogs should be employed; the impact of three-strike laws on jails and prisons; and using inmates classification for security and treatment.

First, political and judicial involvement in correctional policy and practice are strong influences. Second, correctional agencies now use a large percentage of the public budget of the federal, state, and local governments. Finally, because of the extensive media coverage of high-profile crimes and sentencing practices, citizens have developed a strong interest in and opinion of criminals' treatment. To be successful, correctional administrators must be some of the best in government service because many practical administrative correctional issues confront them. Those may be divided into two broad categories: substantive and administrative.

Substantive correctional issues involve matters and knowledge that are specific to the practice and profession of corrections, including factors such as dealing with increasingly over-crowded prisons and managing prisoners who are serving extremely long terms. Both prison and community correctional staff must deal with offenders who are now younger, more violent, and more likely to be associated with gangs. Increases in the number of prisoners in state and federal institutions present several issues for administrators: predicting which offender catergories will grow and by how much, developing management policy for the expected increase (e.g., added beds space or diversion of offenders), creating public and political support for the approach, and implementing plans for managing the increased number of offenders. Long sentences, due to adopted three-strike law enacted by Congress and state legislatures, present administrators with several formidable problems because of the diversity of the prison population and the severity of offenses that result in these lengthy sentences. Not only must correctional administrators determine the appropriate design and construction of prisons to house these inmates, but they must also look at how these longer sentences affect traditional approaches to inmate discipline and rewards to promote safe environments for staff and other inmates.

Proponents of longer sentences argue that such sentences maximize the correctional goals of incapacitation and deterence; they suggest that these longer sentences effectively reduce crime and therefore justify the significant increase in the number of inmate. Opponents, however, argue that this increase in prison terms creates collateral issues and unintended social consequences, such as the recruitment by seasoned offenders of younger individuals to replace those criminals arrested and incarcerated, and the deterioration of the family that results from removing the parent-aged male offender from the home. Richard Seiter observed, "Many more offenders are dealing with medical and mental health issue."

The administrative issues that must be confronted by today's corrections leaders include budgeting, human resource management, planning, and projecting the future, politics, and the Eighth Amendment (which prohibits cruel and unusual punishment). As budgets have grown, demanding a larger share of governmental resources, political scrutiny has increased. The challenge for correctional administrators is two fold. First, they must convince elected officials that maintaining at least the same level of funding is essential and that this probably will need to increase as the numbers of offenders increases each year. Second, as the private sector becomes involved in operating correctional programs, competion developes, and public correctional administrators must ensure that their budgets are not out of line with the operating expenses of the private-sector companies.

Another complex administrative issue involves human resource management problems and challenges that result from rapid expansion, such as recruitment, training and staff development, professionizing staff , and labor relations. In periods of rapid growth, correctional agencies must add line staff, train them, and prepare them to take over challenging duties. The human resouces issues also include dealing with labor organizations.

A third administrative issue is planning for the future, which they now must prepare for more rapid change than dwell on the routine. Correctional administrators must constantly respond to changing circumstances in the internal and external environments, which includes interest groups outside the correctional organization, such as media, political supervisors, the legislature, other criminal justice and social service agencies, and a variety of interest groups that include victims and offenders' families. Correctional administrators must be proactive as well as reactive. Proactive responses usually result from a challenge to an established policy or the administrator's interest in changing policy. The administrator must be involved with education and coalition building. Reactive responses often result from a serious incident, such as prison escape, a serious crime committed by a parolee, a disturbance or riot, or a union picket or walkout. Bothe types of issues require considerable time, and require considerable patience, excellent communication skills, and a foundation of trust and confidence in the administrator by others.

 

 

Question #4:

 

How do you define ethics? What are examples of relative as well as absolute ethics?

 

Character and ethical conduct, for criminal justice personnel, means that they would never betray their oath of office, their public trust, or their badge. Character and ethics are "sine qua non" for these persons - without those attributes, nothing else matters. The term ethics is rooted in the ancient Greek idea if "character." Ethic involves doing what is right or correct and is generally used to refer to how people should behave in a professional capacity. Many people would argue, however, that no difference should exist between one's professional and personal behavior. Ethical rules of conduct should apply to everything a persons does.

A central problem with understanding ethics is the question of "whose ethics" or "which right." How individuals view a particular controversy largely depends on their values, characters, or ethics. Both sides of controversies believes they are morally right. Immanuel Kant, an 18th century philosopher, expanded the ethics of duty by including the idea of "good will." Richard Kania argued that police officers should be allowed to accept gratuities because such action would constitute the building blocks of positive social relationship between the police and the public. In this case, duty is used to justify what under normal circumstances would be considered unethical. Conversely, if officers take gratuitites for self-gratification rather than to form positive community relationships, then the action would be considered unethical by many.

Ethics usually involves standards of fair and honest conduct - what we call conscience, the ability to recognize right from wrong; and actions that are good and proper. There are absolute ethics and relative ethics. Absolute ethics has two sides: Something is either good or bad, black or white. Some examples in police ethics would be unethical behavior such as bribery, extortion, excessive force, and perjury, which nearly everyone would agree are unexceptable behaviors by the police. Relative ethics is more complicated and can have a multitude of sides with varying shades of gray. What is considered ethical behavior by one person may be deemed highly unethical by someone else. Not all ethical issues are clear- cut, however, and communities do seem willing at times to tolerate extralegal behavior if a greater public good is served, especially in dealing with problems such as gangs and the homeless. This willingness on the part of the community can be conveyed to the police. Ethical relativism can be said to form an essential part of the community policing movement.

A community's acceptance of relative ethics as part of criminal justice may send the wrong message: that there are few boundaries placed on justice system employees' behaviors and that, at times, "anything goes" in their fight against crime. For example, giving false testimony to ensure that a public menace is "put away" or the illegal wiretapping of an organized crime figure's telephone might sometimes be viewed as necessary and justified, though illegal. Another example is that many police officers believe they are compelled to skirt the edges of the law - or even violate it - in order to arrest drug traffickers. The ethical problem here is that even if the action could be justified as morally proper, it remains illegal. For many persons, however, the protection of society overrides other concerns.

The viewpoint - "the principle of double effect" - holds that when one commits an act to achieve a good end and an inevitable but intended effect is negative, the act might be justified. A long-standing debate has raged about balancing the rights of individuals against the community's interest in calm and order. These special areas of ethics can become problematic and controversial when police officers use deadly force or lie and decieve others in their work. Police can justify a whole range of activities that others deem unethical simply because the consequences results in the greatest good for the greatest number - the utilitarian approach. In the ends justified the means, perjury woud be ethical when committed to prevent a serial killer fromn being set free to prey on society. In our democratic society, however, the means are just as important as, if not more important than, the desired end.

Expert:  Kathy replied 3 years ago.
I will start working on your assignment and I will have your answer ready for tonight. ow. I hope this work for you. Thanks for requesting my assistance.
Customer: replied 3 years ago.

Thank you for your assistance, I definitely appreciated the previous work you provided.

Expert:  Kathy replied 3 years ago.

http://www.mediafire.com/?uocqq3wbsam2h4b

 

 

I hope this helps. I highlighted a couple of paragraphs that could also be deleted and still the main question will be answered. The rest of the answers I considered that contain the necessary information to proper respond them. Thanks

 

Kathy, Teacher
Category: Homework
Satisfied Customers: 3095
Experience: Elementary teacher for 16 years Bilingual Spanish English and with a Psychology Masters
Kathy and 4 other Homework Specialists are ready to help you
Customer: replied 3 years ago.

Kathy,

 

I submitted the answers, verbatim, from the textbook. I am not requesting an edited version of the answers. Instead, I am requesting that you summarize each answer, not verbatim, to at least two paragraphs. Hopefully, this information provides a clear understanding. Thanks!

Expert:  Kathy replied 3 years ago.
Sure I will summarize them today. Thanks for the additional information.
Customer: replied 3 years ago.
Thanks!
Expert:  Kathy replied 3 years ago.
I am still working on your answers and I will have them ready late tonight I hope this is okay for you. Thanks
Customer: replied 3 years ago.
No problem, thanks
Expert:  Kathy replied 3 years ago.

http://www.mediafire.com/?jqsbsikreaek7cc

Please review the attached document. Please let me know if you need any additional information to be included or if any additional changes are required. Thanks

Customer: replied 3 years ago.

Kathy,

 

The work has been received and is sufficient, thanks! I have three additional questions (indicated below) that needs to be summarized exactly in the same manner as the last four question which you answered. Are you able to work on these?

 

As mentioned earlier to you, I submitted the answers, verbatim, from the textbook. I am again requesting that you summarize each answer, not verbatim, to at least two paragraphs. Thanks!

 

Question #5:

 

Should police accept minor gratuities? Explain why doing so might be permitted, per Withrow and Dailey's model of circumstantial corruptibility?

 

Gratuities are commonly accepted by police officers as part of their jobs. Restaurants frequently give officers free or half-priced meals and drinks, and other businesses routinely give officers discounts for services or merchandise. Many police officers and departments accept these gratuities as part of the job. Other departments prohibit such gifts and discounts but seldom attempt to enforce any relevant policy or regulation. There are two basic arguments against police acceptance of gratuities. First is the slippery-slope argument which proposes that gratuities are the first step in police corruption. This argument holds that once gratuities are received, police officers' ethics are subverted and they are open to additional breaches of their integrity. In addition, officers who accept minor gifts or gratuities are then obligated to provide the donors with some special service or accommodation. Furthermore, some propose that receiving gratuities is wrong because officers are receiving rewards for service, that, as a result of their employment, they are obligated to provide.

Withrow and Daily recently offered a uniquely different viewpoint on gratuities. They propose a model of circumstantial corruptibility, stating that the exchange of a gift is influenced by two elements: the role of the giver and the role of the receiver. The role of the giver determines the level of corruptibility in this model; the giver is either taking a position as:

  1. Presenter, who offers a gift voluntarily without any expectation of a return from the receiver.
  2. Contributor, who furnishes something and expects something in return,
  3. Capitulator, who involuntarily responds to the demands of the receiver.

The role of the receiver of the gift is obviously very important as well in the model; the receiver can act as an:

  1. Acceptor, who receives the gift humbly and without any residue feelings of reciprocity.
  2. Expector, who looks forward to the gift and regards XXXXX XXXXX likely to be given, and will be annoyed by the absence of the gift.
  3. Conqueror, who assumes total control over the exchange and influence over the giver.

The function of the model, Withrow and Daily argue, is centered on the intersection of the giver and the receiver. For example, when the giver assumes the role of the presenter and the receiver is the acceptor, the result is a giving exchange and corruption does not occur. However, if giver and receiver occupy other roles, corruptibility can progress to higher levels of social harm, which they term a hierarchy of wickedness. Withrow and Daily's model is that the police should be encouraged to accept minor gratuities to foster good relations; rather, Withrow and Daily encourage the police to consider the role of the giver as well as their own intentions when deciding whether or not to accept a gratuity. In certain circumstances, the exchange of any gratuity is ethical or unethical regardless of its value.

 

Question #6:

 

What are criminal justice employee's rights in the workplace according to federal statutes?

 

In regards XXXXX XXXXX justice employees, particularly police officers, they may encounter treatment by their administrators and the federal court that is quite different from that received by other citizens. One does give up certain constitutional rights and privileges by virtue of wearing a justice system uniform. In the past decades, police officers have insisted on greater procedural safeguards to protect themselves against what they perceive as arbitrary infringement on their rights. These demands have been reflected in statutes enacted in many states, generally known as the Peace Officers' Bill of Rights (POBR). This legislation mandates due process rights for peace officers who are the subject of internal investigations that could lead to disciplinary action. These statutes identify the type of information that must be provided to the accused officer, the officer's responsibility to cooperate during the investigation, the officer's right to representation during the process, and the rules and procedures concerning the collection of certain types of evidence. Following are some common provisions of state POBR legislation:

  1. Written notice - The department must provide the officer written notice of the nature of the investigation, a summary of the alleged misconduct, and the name of the investigating officer.
  2. Right to representation - The officer may have an attorney or a representation of his or her choosing present during any phase of the questioning or hearing.
  3. Polygraph examination - The officer may refuse to take a polygraph examination unless the complainant submits to an examination and is determined to be telling the truth. In this case the officer may be ordered to take the polygraph examination or be subject to disciplinary action.

 

In regards XXXXX XXXXX laws and statutes of various acts of discrimination in employment, there are additional remedies that have a tremendous impact on public-sector employees. Tort actions (the infliction of a civil injury) may be brought by public-sector employees against their employers for a wide range of claims, ranging from assault and battery to defamation. Contractual claims may grow out of collective bargaining agreements, which may include procedures for assignments, seniority, due process protections (such as in the Peace Officer' Bill of Rights), and grievance procedures. Often the source of the right defines the remedy and the procedure for obtaining that remedy. For example, statutes or legal precedents often provide for an aggrieved employee to receive pay back, compensatory damages, injunctive relief, or punitive damages.

  • 1. Fair Labor Standards Act (FLSA; 29 U.S.C. 203 et seq.) provides minimum salary and overtime provisions covering both public- and private- sector employees.
  • 2. Title VII of the Civil Rights Act of 1964 and its amendments (U.S.C. 2000e) establishes a federal policy requiring fair employment practices in both the public and private sectors. It prohibits unlawful employment discrimination in hiring, discharge, discipline, and working conditions and the unlawful provisions of benefits based on race, color, religion, sex, and national origin. Its provisions extend to "hostile work environment" claims based on sexual, racial, or religious harassment.
  • 3. Equal Pay Act [29 U.S.C. 206(d)] provides an alternative remedy to Title VII for sex-based discrimination in wages and benefits when men and women do similar work. It applies the simpler FLSA procedures to claim.
  • 4. The Pregnancy Discrimination Act of 1978 [42 U.S.C. Section 2000e(k)] is an amendment to the scope of sexual discrimination under Title VII. It prohibits unequal treatment of women because of pregnancy or related medical conditions (e.g., nausea). This act requires that employers treat pregnant women like other temporarily disabled employees. The US Supreme Court decided a major case in 1991 that limited employers' ability to exclude women who are pregnant or of childbearing age from certain jobs under a fetal protection policy.
  • 5. Age Discrimination in Employment Act (29 U.S.C. 623) generally prohibits the unequal treatment of applicants or employees based on their age, if they are 40 years of age or older, in regards XXXXX XXXXX firing, receiving benefits, and other conditions of employment.
  • 6. Americans with Disabilities Act of 1990 (ADA) (29 U.S.C. 12112); the goal of this legislation is to remove barriers that might prevent otherwise qualified individuals with disabilities from enjoying the same employment opportunities as persons without disabilities.
  • 7. Section 1983 (codified as Title 42, .U.S. Code Section 1983) is the instrument by which an employee may sue an employer for civil rights violations based on the deprivation of constitutional rights. It is the most versatile civil rights law and the one most often used against criminal justice agencies.

Question #7:

 

How do you delineate the minimum due process requirements for discharging public employees?

 

One of the most important responsibilities of criminal justice agencies is implenting sound disciplinary policies and practices and responding to employee misconduct includes those acts that harm the public, including corruption, harrassment, brutality, and civil right violations. Employee misconduct and violation of department policy are the two principal areas in which discipline in involved. Employees misconduct includes those acts that harm the public, including corruption, harassment, brutality, and civil rights violations. Violations of policy may involve a broasd range of issues, including substance abuse and insubordination, as well as minor violations of dress and lack of punctuality.

The well-established, minimum due process requirements for discharging public employees must: (1) be afforded a public hearing, (2) be present during the presentation of evidence against them and have an opportunity to cross-examine their superiors, (3) have an opportuntity to present witnesses and other evidence concerning their side of the controversy, (4) be permitted to be represented by counsel, (5) have an impartial referee or hearing officer presiding, and (5) have a decision made based on the weight of the evidence introduced during the hearing.

When a particular disciplinary action does not include termination or suspension, it may still be subject to due process considerations. On the other hand, no due process protection may be required when the property interest (one's job) was fraudulently obtatined. In sum, agency rules and policies should state which due process will be utilized under certain disciplinary situations; the key questions regarding due process are whether the employer follows established agency guidelines and, if not, whether the employer has a compelling reason not to do so.

At times, the administrator will determine than an employee must be disciplined or terminated. What are adequate grounbds for discipline or discharge? Grounds can very widely from agency to agency. Certainly, the agency's formal policies and procedures should specify and control what constitutes proper and improper behavior. Normally, agency practice and custom inter what constitues proper and improper behavior.

 

 

Expert:  Kathy replied 3 years ago.

I will gladly help. When are these questions due? Will tomorrow work for you? Thanks

Customer: replied 3 years ago.

Tomorrow is good, thanks1

 

Expert:  Kathy replied 3 years ago.

http://www.mediafire.com/?b7y3qrbydkey5dq

Please review the attached document. Please let me know if you need any additional information to be included or if any additional changes are required. Thanks

 

Expert:  Kathy replied 3 years ago.
Please let me know if you were able to open the document? If so let me know and I will delete the mediafire file. Thanks
Customer: replied 3 years ago.

Kathy,

 

Earlier, I had difficulties opening the mediafire file. Right now, the mediafire file is deleted. Could you resend the file so that I can access it, thanks.

Expert:  Kathy replied 3 years ago.

http://www.mediafire.com/?kkguxflkjmk8s3s

Please let me know if you are able to open it , I will delete the mediafire file once you get your document. Thanks

Customer: replied 3 years ago.

Kathy,

 

I have opened and retrieved the mediafire file. You may now delete the file. Thanks.

 

Expert:  Kathy replied 3 years ago.

I deleted your file. Thanks

Customer: replied 3 years ago.

Kathy,

 

Did not receive my next assignment request regarding a scenario?

Customer: replied 3 years ago.

Kathy,

 

I have another assignment which is due by mid Saturday, January 22, 2011. Below, there are six questions that needs to be answered from the indicated scenario "Racin' Ray's Wild Day." Please let me know if you will be able to assist and / or need further instructions. Thanks!

 

Questions for Discussion

  • 1. What are the central issues involved?
  • 2. Is the deputy in compliance with the use-of-force policy? Defend your answer.
  • 3. Should the lieutenant end Ripley's pursuit? Explain.
  • 4. Should the deputy have fired warning shots under these circumstances? Why or why not?
  • 5. Assume that people who were in the parked vehicle lodged a complaint because of Ripley's action with the dog, the warning shot, and the Taser; what kind of policies and procedures normally cover Ripley's actions? Would the Internal Affairs Unit find that the deputy was at fault with any of them? Which of the deputy's action do you as a sergeant feel should result in disciplinary action against Ripley? Why or why not?
  • 6. Are additional policies needed? Explain your action.

Racin' Ray's Wild Day

 

Members of the Pineville County Sheriff's Department have been involved in several vehicle pursuits within the past year. One such incident resulted in the death of a 14-year-old juvenile who crashed during a pursuit while he was joyriding in his parents' car. The tragedy sparked a massive public outcry and criticism of the police department for using excessive force. A lawsuit is pending against the department and individual officers involved in the pursuit. You, the sergeant, immediately changed and tightened the department's policy regarding pursuits, now requiring that a supervisor cancel any pursuit that does not involve a violent felony crime or other circumstances that would justify the danger and potential liability. All officers have been trained in the new policy. A separate policy prohibits the firing of warning shots unless "circumstances warrant." It is now about 9:00 pm. and Deputy Raymond "Racin" Ripley is patrolling in an industrial park in his sector. Deputy Ripley, having graduated from the police academy and completed field training about 6 months ago, engages in vehicle and foot pursuits at every opportunity; also, unknown to the sheriff and other supervisors, he occasionally goes home and picks up his pet German shepherd dog for use in late-night building checks; he also has a Taser stun device in the trunk of his patrol car (he has not been trained in or authorized to use either of these less lethal tools). He was providing an extra patrol as a result of reports of vandalism and theft of building materials in that area of the county. He believes that after href="http://www.justanswer.com/homework/4f86q-1-bureaucracy-aspects-police-organizations.html:00 pm., no one should have any reason to be in "his" patrol sector. A parked vehicle attracts his attention because private vehicles are not normally parked in the area at this time. As Ripley approaches the vehicle with his cruiser's lights off and spotlight on, he notices the brake lights on the vehicle flash on and off. Ripley immediately gets out of his vehicle for a better view and calls Dispatch for backup assistance in the event that there is a burglary or theft in progress. At this point, the vehicle takes off at a high speed in Ripley's direction. The deputy, now out of his vehicle, opens the door and lets his dog out of the car as well; seeing the vehicle coming at him about 30 yards away, Ripley fires a warning into the ground. When it is about 15 yards away, the vehicle veers away from him and then leaves at a high rate of speed. As the escaping vehicle passes by, Ripley yells over for the driver to halt, then takes out his Taser and fires, striking the side of the vehicle. Ripley then takes off in pursuit of the vehicle, and radios Dispatch concerning his observations and his present pursuit. This shift commander - a patrol lieutenant - hears this radio transmission (as do you, the supervising sergeant, while at home monitoring calls on the police scanner).

Expert:  Kathy replied 3 years ago.
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Customer: replied 3 years ago.
Thanks for the return response
Customer: replied 3 years ago.
Thank for the return response

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