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CHAPTER 2
Determining Moral Behavior
Lecture slides prepared by Lisa J. Taylor
Principles
 Our principles of right and wrong form a
framework for the way we live our lives.
 Where do these principles come from?
• Greg Smith – Goldman Sachs
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Example of
an Ethical
Dilemma
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2012
Equities Director and 12-year employee
Quit very publicly by publishing an opinion
editorial in the New York Times entitled, “Why
I Am Leaving Goldman Sachs”
Stated culture was always a vital part of
Goldman Sachs’ success—but then stated
how organizational ethos and a value system
of protecting client interests had degenerated
to profit at the expense of the client
He said, “Weed out the morally bankrupt
people, no matter how much money they
make for the firm. And get the culture right
again, so people want to work here for the
right reasons.”
Detective Russell Poole - LAPD
 1998
 Robbery-Homicide Division investigator
 Tasked with investigating the alleged

Another
Example of
an Ethical
Dilemma
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

beating of Ismael Jimenez, reputed
gang member
Uncovered a pattern of complaints of
violence by the anti-gang task force in
the Ramparts Division
40-page report drafted outlining
findings (complaints, alleged assaults,
etc. of the Ramparts officers
Told to limit investigation to only the
Jimenez case
Supervisor replaced report with 2-page
report and asked Poole to sign it
Ethical Systems
Systematic ordering of moral principles that:
• Form the basis for moral judgments
• Are the source of moral beliefs
• Are beyond argument
• Are internally consistent
• Possess a type of “moral common sense”
Ethical Systems
Described by Baelz as:
• Prescriptive
Not just abstract principles of good and bad, but have
substantial impact on what we do
• Authoritative
Usually beyond question
• Logically impartial or universal
Same rule applies in all cases and for everyone
• Not self-serving
For everyone, not just the individual
Analyzing Ethical Dilemmas
• Ethical discussions in criminal justice can be either
issues or dilemmas.
• Ethical issues are broad social questions, often
concerning the government’s social control mechanisms
and the impact on those governed.
• Ethical dilemmas are those situations in which one
person must make a decision about what to do. Either
the choice is unclear, or the “right” choice will be difficult
because of the costs involved.
Steps to Clarify the Dilemma
• Review all the facts.
• Identify all the potential values and concepts.
• Identify all possible moral issues for each party
involved.
• Decide what is the most immediate moral or ethical
issue facing the individual.
• Resolve the ethical or moral dilemma using an ethical
system.
Ethical Pyramid
Moral
Judgment
Moral Rules
r
Ethical System
ETHICAL DILEMMAS
Situation 1
• Patty was a rich businessman’s daughter. She had the best of everything
all her life. Her future would have been college, a good marriage to a
successful young man, and a life of comparative luxury, except that she
was kidnapped by a small band of radical extremists who sought to
overthrow the government by terror, intimidation, and robbery. After
being raped, beaten, and locked in a small, dark closet for many days,
and continually taunted and threatened, she was told she must
participate with the terrorist gang in a bank robbery. If she didn’t, she
and her family would be killed. During the course of the robbery, a
bank guard was shot. Was her action immoral? What if she had killed
the guard? What if the terrorists had kidnapped her mother or father,
too, and told her if she didn’t cooperate, they would kill her parents
immediately?
• What would you have done in her place?
Moral Judgment:
Her participation was immoral.
Rules: One shouldn’t hurt innocents.
One should protect innocents.
One cannot sacrifice innocents for oneself or
family.
One should not break the law unless it is an
unjust law.
Ethical System:
Religion (thou shalt not kill…)
Discussion:
An important point to this case is that just because
behavior is understandable it isn’t necessarily ethical or
moral; one can never sacrifice innocent lives to save
Deontological Ethical Systems
Good is defined by
the inherent nature of an act.
• Some acts are inherently good.
• Others are inherently bad.
• The consequences of the act are irrelevant.
Example:
Charity is a moral act. Giving money to a poor person is a
good act. If the poor person buys drugs with the money, the
original act of charity is still moral.
Teleological Ethical Systems
Good is defined by results.
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•
•
An act is “good” or “bad” depending on
the results it brings about.
The consequences of the act are what is
judged.
Example:
Giving money to a poor person might not be moral if they
used it for drugs (if drug use is immoral).
Ethical Formalism
(A deontological system)
According to German philosopher
Immanuel Kant:
• Good will (motivation) is the only thing that is
intrinsically good.
• Duty is required behavior. It is self-imposed
and necessary to morality.
• Founded in 1977 by Jerry
Sandusky, former Penn State
assistant football coach
• Youth programs serve
approximately 100K children
annually
Second Mile
Foundation
• Revenue in 2009 was
approximately $3M
• Since November 2011, the
organization has been preparing to
close after Sandusky was charged
and convicted of child abuse
The Categorical Imperative
1.
Act only on that maxim through which you can
at the same time will that it should become a
universal law.
2.
Act in such a way that you always treat
humanity, whether in your own person or that
of any other, never simply as a means but
always at the same time as an end.
3.
Act as if you were, through your maxims, a
lawmaking member of a kingdom of ends.
Ethical Formalism: Imperatives
Hypothetical Imperatives
Categorical Imperatives
• Drive us to achieve certain
• Are absolute.
ends.
• Are consequential in
nature.
• Are neither “moral” nor
“immoral.”
• If you want to get a good
grade, then you must study.
• Are based on good will.
• Determine morality.
• You must not lie.
Criticisms of Ethical Formalism
Semantics is critical in ethical formalism and could lead to
confusion or abuse. (Example: Kant distinguishes “lies”
from “untruths.”)
It might not apply to extreme circumstances. If an action is
“wrong,” it is always wrong, regardless of the good
consequences that might result.
It does not provide guidance for resolving conflicting duties.
The priority of motive and intent over result is problematic
in some instances.
Utilitarianism
(A teleological ethical system)
Jeremy Bentham
• An action’s morality depends on how much it
contributes to the overall good of society.
• Humans are hedonistic.
• They seek to maximize pleasure and avoid pain.
• Good = the greatest good for the greatest number
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Abu Ghraib
Prison
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Joe Darby – Military reservist
Member of 372nd military police unit deployed to
Iraq
January 2004 – Darby asked Specialist Charles
Graner for some pictures of the surrounding
countryside
Graner provided a CD of torture photos taken in
the Abu Ghraib prison by Graner and others
Darby didn’t give photos to his commanding
officer, but to the Criminal Intelligence Division
(CID)
Darby was told his name would be kept
confidential—but it wasn’t
Darby and his family feared for their lives and
were ultimately taken into protective custody
Darby later received the John F. Kennedy Profile
in Courage Award
Cited that he has always “had a moral sense of
right and wrong.”
Thinking
Point
On April 20th, 2010 a British Petroleum
offshore rig exploded killing 11 employees
and causing one of the largest oil spills in
modern history. Investigators soon located
the faulty alarm systems. The alarms did not
alert because they had been intentionally
disconnected close to a year ago. BP had
the alarms turned off in order to allow
employees to sleep without being
interrupted by false alarms thus creating a
better functioning workforce. If the alarms
were enabled, the rig would have
automatically entered shut down mode,
virtually eliminating the oil spill.
•Was BP’s original “act” inherently good?
Bad?
•Did they have a duty to act one way or the
other?
Criticisms of Utilitarianism
• It assumes that consequences can be accurately
predicted.
•
All “pleasures” or benefits are not equal (is
financial success = integrity?).
•
The rights of the few might be sacrificed for the
“greatest number.”
Religion
As a basis for ethical system, must provide
judgment of good & evil.
Depends on:
Religious Source (Bible)
 Religious Authorities
 Faith

Criticisms of Religion
• People hold different opinions about which
religion is the “true” religion.
• People within a religion often disagree on how to
interpret its principles.
• Religious controversies are often difficult to
resolve.
Natural Law
• Morality is a force of nature, like gravity.
• What is good is what is natural?
• Basic human inclinations are natural: self protection,
survival.
• The idea of the social contract has a basis in nature.
Philosophers like Thomas Hobbes and John Locke
were influenced by natural law theory. Their ideas are
reflected in our system of government.
Criticisms of Natural Law
How can we determine what is natural
law versus man-made law?
What are the “natural” laws of morality?
The Ethics of Virtue
Aristotle
• True virtue is the median between extremes of
character: the golden mean.
• People develop moral virtues through practice,
just like any other strength.
• Eudaimonia: living the “good life”
Six Pillars (Josephson Institute)
1. Trustworthiness: Honesty, sincerity, loyalty
2. Respect: Golden Rule
3. Responsibility: Being accountable
4. Fairness: Equality, impartiality, and due
process
5. Caring: Altruism and benevolence
6. Citizenship: Duties of citizenship
Criticisms of Ethics of Virtue
 Basically assumes a good person
will make a good decision.
 Little help for people facing
dilemmas.
The Ethics of Care
• Western ethical systems focus on issues
like rights, laws, and universalism.
• Ethics of care—nurturance, meeting needs
• Identifies the needs of all individuals in any
ethical situation and attempts to maximize
them
Criticisms of Ethics of Care
• Assumes needs are not in competition.
• Does not provide a clear “formula” for
what is right.
• More recent and less discussed ethical
system.
Egoism
The Ethics of Virtue
What benefits the individual is good . . .
regardless of its effect on others.
Psychological Egoism:
People behave in their own best interests.
(Not an ethical system—an observation.)
Ethical Egoism:
People should behave in their own self interests.
Criticisms of Egoism
 Violates universalism.
 Logically inconsistent (for everyone to try
and maximize self interest).
 Enlightened egoism is not too different
from categorical imperative or golden rule.
Other Methods of Ethical
Decision Making
The imperative principle directs a decision
maker to act according to a specific,
unbending rule.
The utilitarian principle determines the ethics
of conduct by the good or bad consequences
of the action.
The generalization principle is based on this
question: “What would happen if all similar
persons acted this way under similar
circumstances?”
General Principles of Decision
Making
1. Obtain all facts (including the effects of
prospective decisions).
2. Evaluate whether you’d be comfortable with
your decision appearing on the front page (in
public view).
3. Consider one’s principles to be like a formula –
applicable in all situations.
Relativism
Ethical Relativism
Moral systems are products
of an individual or group.
If people believe different
things are good and bad,
how can you define what is
good?
Cultural Relativism
“Good” depends on the
norms of each society.
What is acceptable in one
society might not be in
another.
Who is to say which society
is right?
However, FATAL FLAW in relativism is: why should anyone obey
their cultural norms since they may be right in another place or
another time?
Absolutism
• Idea that what is wrong is always wrong and
what is right is always right; e.g., you should
never lie.
• Universalism: if you want to do something, you
should be able to agree that everyone can do it.
Even under Absolutist Ethics, there is Principle of Forfeiture:
People who violate the rights of others forfeit their own rights.
Situational Ethics
A compromise between relativism and absolutism
• There are basic principles of right and wrong.
• They can be applied to ethical dilemmas and
moral issues.
• They may call for different results in different
situations.
1. Treat each person with the utmost respect and care.
2. Do one’s duty or duties in such a way that one does not
violate the first principle.
Summary of Ethical Systems
Ethical formalism: What is good is that which conforms to the
categorical imperative.
Utilitarianism: What is good is that which results in the greatest
utility for the greatest number.
Religion: What is good is that which conforms to God’s will.
Natural law: What is good is that which is natural.
Ethics of virtue: What is good is that which conforms to the
Golden Mean.
Ethics of care: What is good is that which meets the needs of
those concerned.
Egoism: What is good is that which benefits me.