Legal and Ethical Issues Term Paper

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Institutional Authority vs. Law Enforcement on Campus

The purpose of this work is to examine the legal and ethical consideration that governs the "division of authority" between educational institutions and the law enforcement agencies, or campus police in relation to incidents involving students. Further this work will consider the effect that the failing view of education has had on the view of the importance of education. Finally this work will explore the 4th and 14th Amendment of the U.S. Constitution and what effect these two amendments should have on aspects of administration affairs in relation to students.

In 1894 Yale University and the New Haven Police Department joined efforts in the prevention of crime on the college campus. The role of the officer on campus was ill defined and there are still discrepancies today as to exactly what the dividing line between the campus police officer and the university administration should address in regards to incidents involving students. Border and Peterson, in their work "Campus Policing" write concerning college students that:

"This group is composed largely of middle to upper-middle class scholars and students possessing above average intelligence and idealistic motives who come to campus to work or get an education and not to commit campus crime.
This constituent group bears little resemblance to the cross section of society to whom the local police officer is responsible.

I. The Police Officer on Campus: Prevention and Enforcement

The goal of campus policing, indeed the Campus Security Act passed in 1990 signed by President George Bush, Sr., is one that addresses the "prevention" of crime on campus and does not focus toward the officer making arrests. Indeed, it is the role of the officer on campus to enforce the institution regulations and to prevent crime. The Campus Security Act spells out the duty of the campus police officer as just that, prevention of crime.

Further stated is responsibility for the enforcement of regulations of institution, the posting of statements providing crime statistics, crime warnings, suspicious persons warnings, statement of current campus policies. Finally, included is the officer's duty to provide instructional information, perhaps even safety programs to inform and….....

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