Social Work and Criminal Justice Student Support of Civil Liberties

Varying levels of support for civil liberties have been imputed to social work and criminal justice personnel. Assuming students planning to pursue these professional roles reflect attitudes in accordance with anticipated demands of the positions and the effects of preparatory educational experiences, this paper examines the levels of support for selected provisions of the Bill of Rights among social work and criminal justice undergraduate students. Support of the Bill of Rights to the United States Constitution is considered essential by some for the maintenance of a democratic society. It is argued that public consensus concerning the principles embodied in the Bill of Rights is required if individual and collective freedoms are to be preserved, and without this consensus democracy will disintegrate and traditional institutions will collapse, including the legal structure. A contrasting point of view is that a broad, general consensus is unnecessary. It is pointed out that in spite of the fact that research reports indicate several provisions of the Bill of Rights do not receive the majority of public acceptance or approval, American society continues to function. One explanation for the continuation of democratic forms under these circumstances may be that public consensus on civil liberties is not a necessary condition, but that consensus among economic, social, and political elites, and others who occupy important social positions, is essential. Among those who play significant roles in the perpetuation of democratic institutions are the occupants of positions within the criminal justice system, whether it is law enforcement, corrections, or the judiciary. There are at least two ways in which criminal justice personnel, including those providing law enforcement, casework, counseling and correctional services, affect the perpetuation of democracy. One is the actual behavior of individuals working in criminal justice agencies. Behavior consistent with the law and the Bill of Rights is required if respect for the principle of the law and those administering justice is to be established and maintained. It is basic and fundamental that those enforcing and administering the law uphold the Constitution by overtly obeying it. -221A second way criminal justice personnel influence democratic institutions involves their attitudinal posture preceding behavior. Because attitudes are frequently important indications of future behavior, if not determinants of it, they represent a significant area of concern. If attitudes of criminal justice personnel are inconsistent with the principles expressed in the Bill of Rights, the incompatibility can become translated into policies and practices which encourage the abuse of discretionary power, denial of equal protection of the law and due process. Lack of support for civil liberties can easily lead to the neglect of basic tenets of law, thus undermining the individual and collective rights of segments of the population. An attitude which supports the Bill of Rights can enhance respect for the law, serve as a predisposition to guide one's behavior in a manner consistent with it, and create a uniformity among personnel regarding criminal justice administration. Thus, independent of overt behavior, the absence of attitudinal support can contribute to denigration of civil liberties, encouragement for behavior inconsistent with the law, and the growth of general contempt for the law as well as those enforcing and administering