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CHAPTER 1
Morality, Ethics, and Human
Behavior
Why Study Ethics?
 Ethical issues exist in all areas of criminal justice system
(from passage of laws to punishment)
 Learning how to determine the “right thing to do” is
critical
 Criminal justice professionals have varying degrees of
discretion, authority, and power
 Criminal justice professionals encounter a multitude of
situations in which they must make choices that affect
people’s lives
discretion The power and authority to
make a choice between two or more
options.
Legislators: in making laws and determining punishment
Police: in enforcing laws
Attorneys and Judges: affecting justice process
Correctional Professionals: affecting offenders lives
What do criminal justice professionals
have in common?
 power to make decisions
 duty to enforce the law
 obligation to provide “due process” and
“equal protection” for all
 commitment to “public service”
The Most
Corrupt
Members of
Congress,
2011
Allegations
• 19 members of congress
were corrupt
• 14 members violated the law
or engaged in serious
misconduct
• 5 lack regarded for rules
Ethical Demands on Public
Servants
(Edwin Delattre)
• Wisdom
• Good character
• Balanced perception
• Integrity (habits of justice, temperance,
courage, compassion, honesty, fortitude, and
disdain for self-pity)
Principles of Public Service Ethics
1.
2.
3.
4.
5.
Public Service
•
Treating the office as a public trust
Objective Judgment
•
Free from conflict of interest
Accountability
• Open decision making
Democratic Leadership
• Letter/spirit of the law
Respectability
• Avoiding appearance of impropriety
SOURCE: Adapted from Josephson Institute of Ethics, Preserving
the Public Trust, available through www.josephsoninstitute.org
Goals of the study of ethics
-Braswell
•
Become aware of and open to ethical issues
•
Begin developing critical thinking skills
•
Become more personally responsible
•
Understand coercive element of the justice
system
•
Develop wholesight (the ability to explore with
one’s heart as well as one’s mind)
We Study Ethics…
• Because criminal justice is uniquely involved in
coercion (there are many and varied opportunities
to abuse power).
• Because all criminal justice professionals are
public servants and, thus, owe special duties to
the public they serve.
• To sensitize students to ethical issues and provide
tools to help identify and resolve dilemmas they
may face in lives.
Defining Terms
morals The judgment of behavior as right or wrong.
• The term “moral” is often used as an adjective to describe
a person’s actions.
ethics The study and analysis of what constitutes good or
bad conduct.
• The term “ethics is often used as an adjective to refer to
behaviors relating to a profession (Example: Hippocratic
Oath for physicians).
* The two words are often used interchangeably.
Why Are Certain Behaviors
Considered Criminal?
• Public safety is usually the reason given
• In other cases, morality is used for
determining which behaviors should be illegal
(Examples: Drugs, gambling, prostitution,
and same-sex marriage)
• How do legislators use their discretion to
balance the rights of ALL people?
• Currently eight states allow
same-sex marriage
• How do legislators
SameSex
Marriage
Example
determine what “the right
thing to do” is?
• What do you think legislators
should do? Why?
• Does your state permit
same-sex marriage?
Defining Terms
meta-ethics Technical investigation of the meaning of ethical
terms, as well as how ethical statements can be verified.
normative ethics Definition of right conduct and moral
duties.
applied ethics Application of ethical principles to specific
issues or fields.
professional ethics Examination of the behavior of certain
professional groups.
Defining Terms
duties Moral obligations that one must carry out to
be considered ethical.
supererogatory An act that goes beyond duty and
is not required to be considered good or moral.
imperfect duties General obligation with no
specific acts.
• Served as sheriff in Noble County,
Ohio for 36 years
• Convicted of a felony count of
Sheriff
Landon
T. Smith 2009
unlawful interest in a public contract
and a misdemeanor count of conflict
of interest (for nepotism and using
prisoners to perform labor at his
properties)
• How did he fare in the local court of
public opinion ?
• What ethical violations did he commit?
values Criteria of desirability, worth, or
importance.
• Honesty
• Health
• Family
• Financial success
• Beauty
What else are values?
Are some more important than others?
• Honesty
• Sense of urgency
• Attention to detail
• Team oriented
Example of
Agency
Values:
Core Values
of the Ohio
State
Highway
Patrol
• Professionalism
• Adaptability
• Self-discipline
• Performance driven
• Officer Safety
To be judged moral or immoral,
behavior must involve:
human acts
of free will
affecting others.
• 2007
• Convicted for conspiracy in an
•
Michael
Vick
•
•
•
•
interstate dog-fighting operation
70 dogs involved
Pled guilty and received 21
months in federal prison
After his release, signed by
Philadelphia Eagles
Was his behavior ethical?
Discuss different views
Inventory of
Ethical Issues
Individual or Other Employees
 backstabbing and lack of support
 gossip
 sexual or racial harassment
 lying to cover up blame
 taking credit for others’ work
 sexual or racial harassment
Organization and Employees
 sexual or racial harassment by supervisors
 discouraging honest criticism or feedback
 arbitrary or unfair decisions
 inadequate compensation
 inadequate training
 unrealistic or inappropriate demands
 putting employees in unnecessary danger
• Judge is accused of creating an
uncomfortable work environment for a
female court employee.
• Allegations unfolded after judge
Cass
County
Judge
Accused of
Sexual
Harassment
- 2012
expressed negative issues regarding
the victim's performance.
• The Supreme Court says it legally
could not charge the judge, as he is
an elected official and not an
employee.
• What ethics did he violate?
By the Individual and Organization
work ethic (day’s work for a day’s pay)
petty theft of supplies or cash
overtime abuse
gifts and gratuities
falsifying reports
misuse of sick days
personal use of supplies or equipment
Morality and Behavior
Even when people know what is right,
sometimes they choose to do wrong—why?
• Criminology (learning, role modeling, & biological
predisposition)
• Psychology
• Other fields seek to answer this question
• Are people fundamentally good or fundamentally
bad?
Thinking
Point
Omar Thornton of Connecticut
walked into his employer, Hartford
Distributors, for a hearing
concerning his possible
termination. During the meeting,
Thornton pulled out a pistol and
shot ten of his coworkers, killing
eight, before turning the gun on
himself.
• What caused Thornton to carry out
this horrific act?
• Was he born intrinsically bad?
• Was he a good person that had a
tragic turn of circumstances that
forced him into a criminal act?
Ethical Issues and Dilemmas
• Decriminalization of soft
•
•
•
•
•
•
•
drugs?
Sex-offender registries?
Death penalty?
Mandatory DNA testing?
Three-strikes
legislation?
Racial profiling?
Same-sex marriage?
Abortion?
• Use drugs?
• Turn in your brother as a
•
•
•
•
sex offender?
Vote for the death
penalty as a juror?
Lie to a friend?
Turn in your partner for
using excessive force?
Stop a black driver in an
expensive car?
Steps for Clarifying
Ethical Dilemmas
1. Review all the facts.
2. Identify relevant values and concepts of all
parties.
3. Identify all moral issues of each party.
4. Identify most immediate moral issue facing an
individual.
5. Resolve the dilemma by using an ethical system
or other means of decision making.
• Black grandmother and 2 teenagers
•
•
Utah
Highway
Patrol
Officer
Accused of
Racial
Profiling
•
•
•
stopped for traffic violation
Driver refused to allow vehicle to be
searched
Officer called K-9 to conduct “sniff”
When driver asked why officer thought
they were transporting narcotics, he
pointed to his uniform insignias on his
shoulder and said, “this makes me
think it”
Was the officer acting ethically?
Was his response appropriate?
Chapter Review
• Discretion permeates every phase of the
criminal justice system
• The study of ethics is critical for criminal
justice professionals
• The terms “morals” and “ethics” both relate
to standards of behavior
• It’s important to be able to identify and
resolve ethical issues and dilemmas