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Transcript
Ethics in Criminal Justice
CJ 3750
Professor James J. Drylie
Week 1
Introduction
• Course overview
– Review of syllabus
• Textbook
• Schedule
• Grading
• Academic integrity
• Assignments
• Quizzes
• Examinations
• Student expectations
Morality, Ethics & Human Behavior
• The study of Ethics in Criminal Justice
– The criminal justice system involves ACTORS
who make decisions that are
• Analyzed
• Judged
– Ethical
– Unethical
– Discretion is exercised by these actors at all
stages in the system
Discretionary actors
• Legislators
– The power to define behavior as illegal and
punishable.
• Police officers exercise considerable
discretion to
– Arrest
– Investigate
– Cite
• Prosecutors may face the least amount of
public scrutiny.
– To charge
– Downgrade
– Proceed with grand jury
– Death penalty
– Influence police
• Judges
– Plea bargains
– Rules of evidence
– Sentencing
• Corrections
– Probation officers in completing pre-sentence
and violation reports
– Prison officials determine “good behavior”
– Correctional officers supervising inmates
– Parole officials
Common elements
• Each have discretion. The power to make
a decision.
• Each has the duty to enforce the law.
• Each must accept that their duty is to
protect constitutional safeguards.
• ALL are public servants.
Ethics in criminal justice
• Ethics is a mainstay of professionalism.
• Training in critical ethics develops analytical
•
•
•
•
skills and reasoning ability.
Professionals should recognize ethical
consequences of actions.
Ethical considerations are central to decisions
involving discretion, force & due process.
Ethics is germane to management and policy
decisions.
Ethical considerations are essential aspects in
research.
Five goals of the study of ethics
• Become aware and open to ethical issues
• Begin developing critical thinking skills
• Become more personally responsible
• Understand how the system is engaged in
a process of coercion
• Develop wholesight (exploring with your
heart and mind)
Defining terms
• Morals
– Latin-based word
• Custom
• Character
– What is judged as
good conduct
– Immorality is referred
to as bad conduct
– Someone who makes
value judgments and
discerns right from
wrong.
• Ethics
– The study and analysis
of what constitutes
good or bad conduct
Branches/schools of ethics
• Meta-ethics – the highly technical discipline
•
•
•
investigating the meaning of ethical terms
including critical study of how ethical statements
can be verified.
Normative ethics – determines what people
ought do and defines moral duties.
Applied ethics – the application of ethical
principles to specific issues.
Professional ethics – a specific type of applied
ethics relating to behavior of certain professions.
Judging behavioral decisions
• Act – there must be some act to judge
• Human acts – judgments are directed
specifically to human behavior
• Free will – restricted to behavior that
stems from free will and free action
• Effects on others –did the behavior
significantly affect others
Categories of Ethical Issues
• Effects on the citizenry
• Effects on other employees
• Effects on the organization one works for
Ethical Inventory
• Individual and Organization
– Work ethic (day’s work for a day’s pay)
– Petty theft
– Abuse of overtime
– Misuse of sick time
• Organization & employees
– Sexual/racial harassment
– Discouraing honest criticism
– Inadequate compensation
– Unrealistic or inappropriate demands
– Place employees in unnecessary risk
• Individual and Other Employees
– Backstabbing
– Gossip
– Sexual/racial harassment
– Lying to coverup blame
– Taking credit for other’s work
• Individual & Public
– Misuse of authority
– Inadequate or marginal performance
– Sexual/racial/ethnic harassment
– Special treatment
– Malfeasance/misfeasance/nonfeasance
– Rudeness
– Incivility
Duties & Values
• Duties
– Actions one must perform in order to be
considered moral.
• We all have a duty to obey the law.
– Superogatories
• Actions that are commendable, but not required.
– Good Samaritan
– Imperfect duties
• Generosity
– No specific demand on type or manner
• Values
– Elements of desirability, worth, or importance.
• Often equated with moral judgments of goodness.
– Consider these factual judgments:
• “He is lying.”
• “It is raining.”
– Value judgments:
• “She is a good woman.”
• “That was a wonderful day.”
– Facts are capable of scientific proof, values
and moral judgments are not.
Morality & the Law
• A crime has three elements
– Actus reas
– Mens rea
– Causation
• When actus reas creates result prohibited by law.
• Four levels of legal culpability
– Purposely
– Knowingly
– Recklessly
– Negligently
Regulations/Standards/Guidelines
• Regulations
– Govern activities of occupations – police, doctor,
electrician, etc.
• Standards
– Come from private or public bodies often used for
accreditation
• Guidelines
– Usually recommendations rather than directions.
Often come from a professional group.
Ethical dilemmas
• Situations in which one person must make
a decision about what to do.
• Involve the individual struggling with
personal decision making.
– Decriminalization of soft drugs
– Death penalty
– Racial profiling
– Patriot Act