Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Organizational Conflict
Conflict is natural in many organizations and not always bad
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Organizational Conflict
Conflict is natural in many organizations and not always bad
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Organizational Conflict
Conflict is natural in many organizations and not always bad
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Organizational Conflict
Conflict is natural in many organizations and not always bad
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Organizational Conflict
Conflict is natural in many organizations and not always bad
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Organizational Conflict
Conflict is natural in many organizations and not always bad
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
Administration and Management in Criminal Justice
Chapter 4: Environmental Influences
*
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Organizational Conflict
Conflict is natural in many organizations and not always bad
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
*
Assignment 2 Case Study
Lisa Camper is a fairly new hire at the Icuza Juvenile Probation Office. She is 23 years old, single, and just
graduated from college with a 4-year degree. Her duties at the probation office are to work with male
and female youth who have been abused or neglected. She works closely with the parents of the youth
to reunite them with their children, and with the Division of Family and Youth Services to ensure that
the children are well cared for while under the court’s supervision.
Lisa has done well in the 14 months she has been employed by the department. She gets along with
other probation officers and with the detention and family service workers. Her work has been
exemplary in court, and it appears that she has helped several children return home to safer
environments.
Lisa still maintains an active social life outside of the department. As her supervisor, you have heard her
talk about dating, going to the local bars, and socializing with other people employed in the various
criminal justice agencies around town. These activities are not forbidden in the policy and procedure
manual for the Icuza Juvenile Probation Office.
Today, Lisa came into your office. She informed you that there was information you should know about
the father of one of her clients. According to Lisa, she went to a local bar with fellow officers 3 months
ago on a Saturday night. While at the bar, the waitress delivered a drink to her table and stated that it
was from a man at another table. When she looked at the table, she realized it was the father of one of
her clients. She accepted the drink, thanked him, and drank it.
Three weeks later, at the same location, the father of her client approached her, bought her another
drink, and started a conversation. She stated that she enjoyed the conversation while accepting and
drinking the alcoholic beverage. At the end of the night, he asked her for her home phone number. She
gave it to him. Since that time, they have had multiple and lengthy conversations over the phone.
According to her, she has not used her office phone to speak to him unless it was business-oriented. All
phone conversations so far have been on her personal time and phone.
Lisa went on to say that she has gone out to dinner with her client’s father on at least one occasion in
another town. She has feelings for this individual and would like to pursue the relationship. He has asked
her to spend more time with him. She does not believe that her decisions in the child’s case have been
impacted by her relationship with the father, but felt it was important to let her immediate supervisor
know that she was involved intimately with the parent of one of her clients.
Once Lisa was finished, you asked her for the case file and decided to further investigate the
information. Upon review of the case in question, you found that Lisa did not report to the Division of
Family and Youth Services the father’s presence in a bar and around alcohol as required in the court
order. After questioning some of the officers who were present at the bar during the initial contact, you
were told that at least two of the officers advised Lisa that they felt that accepting a drink from a client
or a client’s family member was inappropriate. The officers also reported that they felt uncomfortable
with Lisa’s behavior and were unsure about how to approach the situation. Currently, the officers feel
uncertainty about what is deemed acceptable and unacceptable behavior according to the policy and
procedure manual.
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Criminal Justice as an Open System
Criminal justice system organizations operate within a larger environment comprised of:
Funding opportunities
Technological advancements
Cultural and demographic characteristics
Legal decisions
Unions and union negotiations
Political decisions
U.S. Supreme Court (not addressed here)
Media (not addressed here)
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Influence #1: Funding
Defined: different methods of financially supporting criminal justice organizations and operations
Funding challenges in political environments
How do agencies comply with new mandates and enforce new laws without additional funding?
Example: Some states require police departments to keep accurate records on the race, age, and ethnicity of all drivers stopped for traffic infractions. The new mandate is not necessarily accompanied by new funds.
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Influence #1: Funding
Additional Challenges
Funding/resources are limited
Agencies develop budgets but are not always fully funded
Agencies compete with one another for monies
Example: as crime increases, police departments and probation offices might both argue that they are in the best position to address the problem; they are tackling the same problem but are also competing for the same funds
Territorial jealousy: stifles innovation, coordination, and information sharing
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Influence #1: Funding
Sources
Government grants
Research: does D.A.R.E work?
Demonstration: is it feasible to adopt D.A.R.E.?
Project: let’s adopt D.A.R.E.?
Formula: money allocated based on certain measures (e.g., crime rates)
Block: federal money, redistributed by states
Foundations
Non-profit: Ford Foundation, Gates Foundation
Corporate: Walmart, JCPenney
Private individuals
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Influence #2: Technology
Public expects technologies to aid in detection and prevention of crime
Examples
911 system
Electronic monitoring devices
Less than lethal weapons
In-car video cameras
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Influence #2: Technology
Challenges
Employing well-trained workers capable of using technology
Technical know-how
Procedures and laws related to new technology
Must overcome organizational inertia
Cost
Equipment
Training
Creation of new crime types
Internet crimes
Identity theft
Copyright infringement
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Influence #3: Culture and Demographics
Demographics: population characteristics
Age
Race
Gender
Socioeconomic status
These can affect system operations
Example 1: Age distribution of population determines size of at-risk population
Example 2: Some have suggested that decline in homicides during 1990s is due, in part, to the decline in marriage rates
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Influence #3: Culture and Demographics
Culture
“Society’s shared attitudes, values, purposes, and routines” (p. 113)
Problems
Culture conflicts: two groups hold different cultural beliefs that disagree with one another
Example: Gambling tolerated by some and frowned upon by others
Culture gaps: political and legal approaches are not in line with the dominant cultural beliefs of citizens
Example: A shift in dealing with drug offenders may be underway; politicians are largely punitive but some citizens view the problem from a medical standpoint
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Influence #4: Legal pressures
The law is a powerful force
Defines what behaviors are criminal
Defines relationships among parties
Restricts the behavior of criminal justice actors
Types of law
Common law: based on traditions
Statutory law: defines crimes and prescribes punishments
Procedural law: regulates how offenders are processed
Case law: influence operations and policies
Civil law: address private wrongs
Administrative law: used by governments to control agency actions
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Influence #5: Unions
“Groups of employees that decide to bargain collectively through majority vote for improvements in their jobs such as increases in wages, benefits, and better working conditions” (p. 123)
General procedures
Develop contract through negotiations with management binding management and labor
Covers defined period
Addresses issues such as due process, pay and benefits, grievance procedures, work hours, etc.
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Influence #5: Unions
Criticisms
Reduce the authority of the agency leader
Example: Some contracts require chiefs/commissioners to consult with union before making policy decisions
Indicate bad management practices
If employees were well-treated, would there be a need for a union?
Lack accountability
May get a say in policy but are not elected or appointed (accountable to others) like agency leaders
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Influence #5: Politics
Elected/appointed status of many officials (e.g., sheriffs, judges, prosecutors, police chiefs)
Must assure election/re-election
Legislation
New laws shape behavior of system actors; get tough legislation
Budgetary decisions made by legislatures
Funds affect programming
Pressures by special interest groups
MADD, victim advocate groups, etc.
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Administration and Management in Criminal Justice
Chapter 5: Conflict, Power, and Ethical Issues
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Organizational Conflict
Conflict is natural in many organizations and not always bad
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Chapter 5: Conflict, Power, and Ethical Issues
Conflict is Positive
Conflict is Negative
Allows for different opinions to be recognized
Affects organizational performance
Promotes innovation in problem solving
Contributes to miscommunication
Expands the worldview of workers
Reduces trust between workers
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Pondy’s Organizational Conflict Model
Stage 1: Latent Conflict: conditions are present
Stage 2: Perceived Conflict: one party to conflict recognizes conflict
Stage 3: Felt Conflict: parties to conflict begin to feel tension or other emotions
Stage 4: Manifest Conflict: conflict is translated into various behaviors
Stage 5: Conflict Aftermath: the resolution of the conflict (it may still linger)
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What Causes Conflict?
Personality defect theory (people-focused conflicts)
Some people are inherently trouble makers who cause conflict
Only explains a small amount of all conflicts
Frustrations from work environment (tend to be issue-focused conflicts)
Personal differences
Incomplete or inaccurate information
Task and team interdependence
Goal incompatibility
Scarcity of resources
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Work Environment Sources of Conflict
Personal differences
People see the world differently due to varied experiences, training, etc.
Example: one law enforcement officer has a law enforcement orientation while another has a service orientation
Incomplete or inaccurate information
Information gap
Example: police officer does not attend community meetings due to lack of awareness of what community policing actually is
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Work Environment Sources of Conflict (cont’d)
Task and team interdependence
Resources are shared
Output of one task becomes input for another
Example: prosecutors decide not to charge low-level offenders arrested by police (output of police is input for prosecutor)
Goal incompatibility
Goals of one group conflict with goals of another
Example: victim-witness counselor wants to protect witness from painful emotions of testifying but prosecutor needs testimony for conviction
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Work Environment Sources of Conflict (cont’d)
Scarcity of resources
Resource allocation, when such resources are limited, often generates conflict
Example: patrol officers are upset that money is used to upgrade computers for detectives rather than equipment for patrol cars
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Conflict Management Strategies
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Low High
Assertiveness (own needs)
Low High
Cooperativeness (other’s needs)
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Conflict Management Strategies: Prosecutors and Defense Attorneys
Avoiding
Prosecutor might simply not do his/her job; apathetic
Competing
Prosecutor would work to secure a conviction and the sentence he/she envisions for defendant
Accommodating
Prosecutor might dismiss some or all charges at request of defense attorney
Compromising
Prosecutor still wins but does not get full sentence for defendant or conviction on all charges; defense attorney does not get acquittal but gets client a deal (plea bargaining)
Collaborating
Is there an option where both the defense attorney/defendant and prosecutor have their goals FULLY satisfied?
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Promoting Collaboration
Focus on bigger goals
Rather than argue over who gets credit for the arrest, focus on the larger goal of public safety
Improve communications
Share information to prevent miscommunication
Develop negotiating skills of employees
Helps avoid non-collaborating conflict management strategies such as competition
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What is power?
“Ability of an individual or a group to influence the behavior or action of another individual or group to do something they would not have done otherwise” (pg. 140)
Power can be exercised upward, downward, or horizontally
In other words, it is not just about superiors controlling subordinates
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What is Personal Power?
Power is derived from an individual’s personal characteristics
Sources
Expertise
A defense attorney’s knowledge and abilities allows her to convince a client to accept a plea offer
Personal attraction
A charismatic SWAT team leader has the attention of his subordinates
Personal effort
A warden is able to control subordinates due to her tendency to walk the prison corridors and assist staff
Legitimacy
The police chief’s emphasis on aggressive law enforcement is easily accepted by officers since it fits in with the police subculture
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What is Position Power?
Power derived from the position one is holding in an organization
Sources
Formal position
A correctional officer has power over inmates simply by virtue of his position
Discretion
A precinct commander is able to use her judgment on how to deploy resources without consulting the commissioner
Centrality
A correctional sergeant holds great power because of her central location in the communication networks and vertical hierarchy
Relevance
A department’s grant officer obtains additional power in times of budgetary crisis
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How Can a Worker Increase Their Power?
Dependency
An individual or unit has power if others are dependent upon it
Example: A crime lab has some degree of power over a police department due to dependencies
Control of resources
Those who control flow of resources have power
Example: County government officials have power over the local sheriff’s department since it funds the department’s operations
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How Can a Worker Increase Their Power? (cont’d)
Centrality
The importance of the activity performed
Example: A police union gains leverage by having officers systematically call out of work sick
Nonsubstitutability
The task cannot be performed by others
Example: The analytical/statistical skills of a crime analyst are not easily replaced by someone else in the police department
Reduce uncertainties
Help department predict and cope with future challenges
Example: strategic planning unit is essential for an agency to see long term trends
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Decision-Making
Employees of the criminal justice system exercise their judgment/discretion on a regular basis
How do we encourage ethical decision making?
Right v. wrong
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Personal Ethics
Everyone has some set of beliefs and values framework that guides their decision making
Two perspectives
Ethical absolutism: moral code is unchanging and the same for all people at all times
Ethical relativism: moral code varies from person to person and from place to place
Implications
If ethical relativism is supported, personal attitudes and values are paramount
Some research suggests that police officers start with an orientation of ethical absolutism and then change to one of ethical relativism
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Promoting Ethical Decision-Making
Focus on the organizational culture
Code of ethics identifying values and standards of organization
Modeling
Supervisors must model appropriate conduct for subordinates
Set reasonable goals
Encourage workers to achieve rather than engage in misconduct to achieve goals
Use external individuals and groups
Whistle blowing
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