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Limits Partisan Political Activities of Governmental Employees
Limits Partisan Political Activities of Governmental Employees
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Limits Partisan Political Activities of Governmental Employees
Limits Partisan Political Activities of Governmental Employees
It is a violation of the employees’ First Amendment rights to discharge them from non-policymaking positions solely on the basis of their political party affiliation.
Nonpolitical associations are also protected by the First Amendment.
Limits Partisan Political Activities of Governmental Employees
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Limits Partisan Political Activities of Governmental Employees
Searches and Seizures
Limits Partisan Political Activities of Governmental Employees
The Fourth Amendment to the U.S. Constitution protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
Limits Partisan Political Activities of Governmental Employees
The Fourth Amendment usually applies to police officers when they are at home or off duty in the same manner as it applies to all citizens.
Limits Partisan Political Activities of Governmental Employees
Police officers can be compelled to cooperate with investigations of their behavior.
Limits Partisan Political Activities of Governmental Employees
Examples include: appearing in a lineup, searches of department equipment and lockers.
Limits Partisan Political Activities of Governmental Employees
Copyright © 2019, 2015, 2012 Pearson Education, Inc. All Rights Reserved
Limits Partisan Political Activities of Governmental Employees
Self-Incrimination
Limits Partisan Political Activities of Governmental Employees
In Garrity v. New Jersey, the Court held that the information coerced from an officer could not be used against him at his criminal trial because the Fifth Amendment forbids the use of coerced confessions.
It is proper to fire a police officer who refuses to answer questions if he has been informed that any answers may not be used later in a criminal proceeding.
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Religious Practices
It is generally assumed that one who takes a criminal justice position agrees to work odd shifts and to abide by other various unpleasant conditions.
Generally, personnel with the least seniority on the job must work the most undesirable shifts.
Occasionally one’s religious beliefs are in direct conflict.
Employees may be forced to choose between their job and religion.
A number of people have chosen to litigate the work–religion conflict rather than accept agency demands.
Title VII of the Civil Rights Act of 1964 prohibits religious discrimination in employment.
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Sexual Misconduct
Instances of sexual impropriety in criminal justice work can range from casual flirting while on the job to becoming romantically involved with a foreign agent whose principal aim is to learn delicate matters of national security.
There have been all manner of incidents between those extremes, including the discipline of female police officers who posed nude in magazines.
Some major police departments have even been compelled by their mayors to recruit officers for their sexual preference (i.e., homosexuality).
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Residency Requirements
Many governmental agencies now specify that all or certain members in their employ must live within the geographical limits of their employing jurisdiction.
Such residency requirements have often been justified by employing agencies, particularly in criminal justice.
Perhaps the strongest rationale given by employing agencies is that criminal justice employees must live within a certain proximity of their work in order to respond quickly in the event of an emergency.
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Moonlighting
The courts have traditionally supported criminal justice agencies placing limitations on the amount and kind of outside work their employees can perform.
The rationale for agency limitations is that “outside employment seriously interferes with keeping the [police and fire] departments fit and ready for action at all times.
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Misuse of Firearms
Police agencies generally have policies regulating the use of handguns and other firearms by their officers, both on and off duty.
The courts have held that such regulations need only be reasonable.
Burden rests with the disciplined police officer to show that a regulation is unreasonable.
Police firearms regulations tend to address three basic issues:
Requirements for the safeguarding of the weapon.
Guidelines for carrying the weapon while off duty.
Limitations on when the weapon may be fired.
Copyright © 2019, 2015, 2012 Pearson Education, Inc. All Rights Reserved
Alcohol and Drugs in the Workplace
Criminal justice employees must be able to perform their work with a clear head, unaffected by alcohol or drugs.
Therefore, police departments and prisons will often specify in their manual of policy and procedures that no alcoholic beverages be consumed within a specified period prior to reporting for duty.
Regarding drug testing, three of the most controversial drug-testing issues have been:
Whether testing should be permitted when there is no indication of a drug problem in the workplace
Whether the testing methods are reliable
Whether a positive test proves on-the-job impairment
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Rights of Police Officers (1 of 3)
In the last decade, police officers have insisted on greater procedural safeguards to protect themselves against what they perceive as arbitrary infringement on their rights.
Peace Officers Bill of Rights (POBR):
Legislation mandating due process rights for peace officers who are the subject of internal investigations that could lead to disciplinary action
Copyright © 2019, 2015, 2012 Pearson Education, Inc. All Rights Reserved
Rights of Police Officers (2 of 3)
Some common provisions of state POBR legislation include:
Written notice: the officer must be given written notice of the nature of the investigation, summary of alleged misconduct, and name of the investigating officer.
Right to representation: the officer may have an attorney or a representative of his or her choosing present during any phase of questioning/hearing.
Polygraph examination: the officer may refuse to take a polygraph examination unless the complainant submits to an examination and is found to be telling the truth.
Copyright © 2019, 2015, 2012 Pearson Education, Inc. All Rights Reserved
Rights of Police Officers (3 of 3)
Police officers today are also more likely to file a grievance when they believe their rights have been violated.
Grievances may cover a broad range of issues, including:
salaries, overtime, leave, hours of work, allowances, retirement, opportunity for advancement, performance evaluations, workplace conditions, tenure, disciplinary actions, supervisory methods, and administrative practices.
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Workplace Harassment
Defined as “Unwelcome verbal or physical conduct (whether or not of a sexual nature) that creates a hostile work environment, or a change in an employment status or benefits.”
Harassment is a form of discrimination violating the Civil Rights Act of 1964 and other federal laws.
Limits Partisan Political Activities of Governmental Employees
RUBRIC
QUALITY OF RESPONSE
NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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Limits Partisan Political Activities of Governmental Employees
