Ethical Issues in The JCF That Had Gone Way Too Far!
Ethical issues within the Jamaica Constabulary Force have left an
innocent man dead. The community of Tivoli Gardens is located in West Kingston.
This community is known for its high criminal activity, poverty, and lack of
social order. However, not everyone who is from a community that is known for
high criminal activities are criminals. There are people who are hardworking
and law-abiding citizens who are not involved in criminal activities, but
because of the community they are from, they are labelled as criminals
(Caribbean History, 2020).
In the case of Quacie
Harriot, a resident of Zacky Avenue in Tivoli Gardens, was shot seven times and
killed by the police on January 10, 2022, at 12:40 pm. According to a report
made by The Star, Harriot was killed after an alleged confrontation with the
lawmen; a Ruger 9mm pistol with seven rounds of cartridges was seized, but
residents contested the events that took place. Residents, on the other hand,
disputed the police’s version of events. They stated that after the shooting,
officers hurriedly removed Harriot’s body before flashing a gun they claimed
had been seized. (McLean, 2022).
The police allegedly tampered with the crime scene, according to the
residents. They highlighted the strong odor of industrial bleach, as well as
what they claimed to be the bleach-soaked red-polished concrete floor of the
house where Harriot was killed, as proof that something unusual occurred after
or before he was killed. (McLean, 2022).
The INDECOM investigators were summoned to the scene and did not arrive
until 4 pm, which was long after the incident took place. According to the
INDECOM’s assistant commissioner, Hamish Campbell, he claimed that taking such
a long time to respond to a scene was unusual for his team. Furthermore, he
stated that "I’m not sure why the police aren’t controlling the scene. A
matter of fact, it’s their job to do so. They should be doing so despite the
consequences of the situation, purportedly (McLean, 2022).
What are some ethical issues that could be found in this case, including
these police officers? According to Pollock, ethical issues are difficult social
questions that include controversy over the “right” thing to do (Pollock,
2012). Now the ethical issues that are present in this case will be discussed.
First, the unlawful killing of Harriot the police did not have any form of
evidence to illustrate that Harriot was involved in criminal activities as stated
in the report by the Star. According to Keisha Bonitto who raised Harriot, “once
the Wi-Fi is up, he isn’t on the road he would be at home for months and no one
would know because he is not a road person, he is always at home. Bonitto also
said that he works he is not an idle person this is not Chad’s character” she cried.
Furthermore, the words of Demond Robinson, Harriot’s brother “Dem just run and
kill me likkle bredda. Mi just leave him inna di house a get ready fi go work
only fi go get a call say police just shot him and kill him,” he cried.
Second, the use of excessive force by the lawmen. According to the book of rules for the guidance and general direction of the Jamaica Constabulary Force, section 2.16, reads: "All members are required to exercise care in the handling and use of firearms, and one should resort to the use of a firearm only when it is extremely necessary, Consideration must be given to human life at the other end, and any member who has to use a firearm to injure or kill another human being must be prepared to prove that it was his last alternative at the time of discharging such a firearm”. However, this act says one should only resort to a firearm when it is necessary, and consideration must be given to human life. On the other hand, in the case of Harriot, the lawmen did not take into consideration Harriot’s life. They shot him seven times. 7 times!!! Even if he was involved in criminal activities, that does not give the officers a right to shoot him seven times! The officers could have given him a flesh wound(Book of Rules for the Guidance and General Direction of the Jamaica Constabulary Force,1988).
Third, the Falsifying or Removal of Evidence at the Scene. The police has
a duty to ensure that all evidence is untouched and secured until the forensic
team arrives to process and collect evidence from the scene. In Harriot’s case,
the resident said after they killed Harriot, they quickly removed Harriot’s
body from the house and claimed they found a firearm. There was a strong scent
of bleach in the house, so this proves that the police were covering up
something and Harriot was innocent. The police just killed him and used
industrial bleach to remove or destroy evidence, important evidence that could
have illustrated what happened at the crime scene. If these officers were doing
their jobs ethically correct, why would they use bleach to destroy powerful
evidence that would declare their innocence. Think about it??
Fourth, there wasn’t any warrant for the arrest of Quacie Harriot based
on the report given. According to Section 50B, subsection (5), no powers of
search shall be exercised under subsection (4) of the Jamaican Constabulary Force Act without a warrant in relation to
a dwelling house except for the purpose of apprehending any person upon
reasonable suspicion that he is in the course of committing or has committed or
is about to commit, an offence. They had no arrest warrant for Harriot. (The Constabulary Force Act ,1935) In
addition, they had no reasonable suspicion that he had committed a crime or was
about to. As Harriot’s brother stated, Harriot was about to get ready to go to
work, so how could he have found time to commit a so-called crime if he had
work to attend to? With this, it’s safe to say that the lawmen did not follow
their code of ethics and acts that were put in place to follow when carrying
out their duty. Lastly, the police did not secure the scene to preserve
evidence that could tell what had happened between Harriot and the lawmen,
resulting in his death.
In Conclusion, even though ethical standards must be followed by the
security forces, there are a lot of ethical issues within the Jamaica
Constabulary Force resulting in citizens losing their lives because of a level
of unethical behavior and with this the crime rate will forever be high. Does
the principles of ethics and equity apply to members of the J.C.F? discussed
above the answer would be no because they killed an innocent man, and this case
could have been resolved in a more peaceful manner. In the case a number of ethical
issues were found which are the unlawful killing of Harriot, the use of
excessive force, the falsifying or removal of evidence, there was not any form
of warrant for Harriot’s arrest and finally the police did not secure the
scene. If the officers had followed their code of ethics this case would have a
different outcome. Officers who get involved in ethical issues should get some
form of punishment to explain that there are code of ethics that must be
followed in this job. Were the behavior of these lawmen ethical or unethical? Do
you think this case would have had a better outcome if the officers had gone by
the book?
Photo :The Star- http://jamaica-star.com/article/news/20220111/tivoli-residents-cry-foul-after-fatal-shooting#slideshow-3
This is Danielle Robinson Harriot's cousin being comforted by a lady upon hearing what had happen to her cousin ( McLean, 2022).
This is state of Kesiha Bonttio Harriot's caretaker after she got the news that he was killed ( McLean,2022).
References
Caribbean History. (2020, May 1). History
of Tivoli Gardens, Jamaica. History of Political Conflict and Criminal
Warfare in Jamaica.
https://caribbeanhistory86.wordpress.com/garrison-communities/tivoli-gardens/
McLean, R. (2022, January 11). Tivoli
residents cry foul after fatal shooting. News | Jamaica Star.
http://jamaica-star.com/article/news/20220111/tivoli-residents-cry-foul-after-fatal-shooting#slideshow-3
Pollock, J. M. (2016). Ethical dilemmas and decisions in
criminal justice (9th ed.). Wadsworth Publishing.
The Constabulary
Force Act (1935) enactedhttps://moj.gov.jm/sites/default/files/laws/The%20Constabulary%20Force%20Act.pdf
The Star. (2022, January 11). Tivoli residents
cry foul after fatal shooting. YouTube. https://www.youtube.com/watch?v=efNf_wz4LFg
These and many more issues are happening. Thank you for highlighting and informing us.
ReplyDeleteWell Shania I am so glad you touched on these topics because these issues have been happening in our criminal justice system for many years now I must say that I have learned alot about these few ethical issues you discussed thus far, it is so surprising that are acts in place and this is the behavior of our lawmen who should be serving and protecting us .. Great blog
ReplyDeletethis is very good i like it i could read it over and over again and imagine about issues that are happening right now. thanks for informing us about these issues happening within the Jamaica Constable Force -Omari
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