Research Paper on Leadership Personal Issues and the Rule of Law

Introduction

Law enforcement in the United States had undergone significant transformation in the last century. For instance, educational requirements and the interpretation of the Bill of Rights has changed. Today, police officers in the U.S. are expected to perform their duties with high levels of professionalism (Cordner, 2016). However, if the police do not perform to the standards required, their commanders are held responsible. The hiring process of police officers also changed, and specific requirements from the candidates are needed. In some areas, the constitutional rights of police officers are limited by federal courts due to the nature of their work, and these limitations have a significant impact on their performance. Due to the rules and requirements required by the law, police officers have various constraints in democratic societies, and they face several leadership challenges.

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During the recruitment process, hiring agencies have specific requirements and qualities that they need from the potential candidates (Berman, Bowman, West, & Van Wart, 2019). Mostly, candidates are required to be citizens of the United States and be at least eighteen to twenty-one years old, depending on the police department. A candidate must also have a driver's license. Although being an officer does not rely on the level of formal education achieved, aspiring officers must have a high school diploma as the minimum level of education required. All applicants must have a clean criminal record although some agencies may be lenient is the offense committed by a candidate was minor. A law enforcement examination is given to the candidates, and the applicants must obtain a passing score to proceed. Some of the tests administered are LEE, Asset, and Compass.

The hiring agencies first identify the specific traits needed to be in the police department and to work in the community too. Although there is high pressure in the hiring process and filling open positions, the right personnel must be hired based on the organizational and community needs (Berman et al., 2019). Potential candidates are required to know and bond with the agency's culture. People who are more compatible and capable of achieving organizational goals and comprehending community demographics are hired. According to the police department, if a candidate can bond with the community and agency, they are likely to be more productive. The hiring agency also identifies talent. The hiring process involves testing, interviews, and background checks to determine the candidates that are most fit for the job (Berman et al., 2019). After the best candidates are hired, they undergo training for at least six months, and the curriculum covers topics like traffic laws, criminal statutes, and driver training, among others.

The standards required for a potential candidate to be hired as a police officer are essential. For instance, having a clean criminal record as a requirement is vital since the job requires one to have a good moral character. All participants must also be physically fit since the job requires an officer to be active all the time, especially in competitive situations.

There are several instances in which the federal law has placed limits on an officer's constitutional rights. For example, a police officer is not allowed by the law to have the freedom of demonstration, picketing, or petition (Packer, 1966). Police officers should not participate in political meetings, but they can work with protest groups to maintain law and order and arrest people involved in crime during such demonstrations. Police officers also do not have the right to privacy (Packer, 1966). Since they are accountable to the public, the police should always assume that they are being watched and recorded and that such evidence can be used to incriminate them in a court of law.

Although there are specific constraints placed on law enforcement, the Bill of Rights does not explicitly explain them. However, there are particular rights in the constitution that police officers cannot violate. Otherwise, there will be consequences. The fifth amendment provides the right against self-incrimination (Packer, 1966). The law requires that an arrested person has the right to remain silent upon arrest because if one speaks, they may become a witness against themselves. In this case, according to the Fifth Amendment, a police officer cannot force an arrested person to speak or answer questions in the absence of the latter's lawyer. The second constraint placed on police officers and law enforcement is the right against arbitrary arrests, which is under the Fourth Amendment (Packer, 1966). According to the law, arbitrary arrest refers to the detention of an individual in a case where there is no evidence that the person committed a crime. The person is detained with no legal grounds. Before any arrest is made, police officers are required by the law to identify a probable cause that a person has committed a particular crime (Packer, 1966). An individual cannot be arrested because they look or seem suspicious. The third constraint is contained in the Fourth Amendment, which offers the right to protection against unreasonable seizures and inspections. Law enforcers and the police must conduct searches in the right manner. For instance, a police officer must produce a search warrant before searching. Unreasonable search constitutes lack of a permit and the inspection of premises without a probable cause that a crime happened and there is evidence.

In law enforcement, supervisor liability is common, and any police commander can be sued for the mistakes of their subordinates (Lim & Lee, 2015). In lawsuits under the state law, for instance, negligence, a supervisor can be held responsible for the actions of a junior officer. Most cases are those of federal constitutional misconduct which are under Title 42 of the United States (Lim & Lee, 2015). Some of the issues associated with supervisor liability include inadequate supervision in training and hiring or lack of discipline of junior officers. A case in a U.S. local newspaper was reported where a police officer violated the seizure rights of a citizen during a stop. The supervisor/commander was notified, but he took no action regarding the crime by one of his subordinate officers. During the trial, the court ruled in favor of the plaintiff because the commander had knowledge of the violation and did not take any disciplinary action by correcting or punishing the officer involved in the crime. In another instance, an officer shot a suspect unreasonably. During the ruling, the judge established that the junior officer used deadly force on a suspect due to lack of proper training. The supervisor was held accountable by the court of law since the incident signified that the former failed to adequately train the officer regarding the use of deadly force on a suspect. The supervisor lost his job as a result.

Management and leadership challenges face police officers in the United States. One of the most significant challenges is the recruitment and retention process of police officers due to public scrutiny (Cordner, 2016). In most police departments, there are many open positions for law enforcement officers. It is challenging to hire since some law enforcement jobs have reduced pension benefits and the fear of making mistakes that might lead to criminal prosecution. There is an increased number of police officers who are prosecuted due to criminal offenses for actions like causing injury or death. Potential problems occur in cases such as when there is an armed confrontation or vehicle collision. The hiring process is complicated since may good candidates are left out who would have made better officers than the ones shortlisted. Some police officers also remain in service after being vetted for breaking the law and committing various crimes (Cordner, 2016). The police service has increased demands for accountability due to the emergence of new crimes every day. One of the recommendations that would be given to overcome the challenges above is hiring a certified recruitment agency to ensure that all potential candidates meet the needed requirements. All candidates must be aware of the mission, vision, and organizational goals, and community dynamics.

Conclusion

In conclusion, due to the rules and requirements required by the law, police officers have various constraints in democratic societies, and they face several leadership challenges. During the recruitment process, hiring agencies have specific requirements and qualities that they need from the potential candidates. There are several instances in which the federal law has placed limits on an officer's constitutional rights. The freedom to demonstrate and the right to privacy do not apply to the police. There are specific constraints placed on law enforcement like the right against self-incrimination and the right to protection against unreasonable seizures. In law enforcement, supervisor liability is common, and any police commander can be sued for the mistakes of their subordinates. One of the most significant challenges is the recruitment and retention process of police officers due to public scrutiny.

References

Berman, E. M., Bowman, J. S., West, J. P., & Van Wart, M. R. (2019). Human resource management in public service: Paradoxes, processes, and problems. CQ Press.

Cordner, G. W. (2016). Police administration. Routledge.

Lim, H., & Lee, H. (2015). The effects of supervisor education and training on police use of force. Criminal justice studies, 28(4), 444-463.

Packer, H. L. (1966). The courts, the police, and the rest of us. The Journal of Criminal Law, Criminology, and Police Science, 57(3), 238-243.