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Ethics In The
Criminal
Justice
System
Introduction To
Criminal
Justice
(CRJ1010)
(Student’s Name
Here)
1
Table Of Contents
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What Is Ethics? (Pg.3)
Purpose Served In The Justice System? (Pg.4)
Purpose Served In The Justice System? Continued (Pg.5)
Common Problems Faced (Pg.6)
Taking Oath (Pg.7)
Divisions In The Criminal Justice System (Pg.8)
The Police System (Pg.9)
The Police System Continued (Pg.10)
Law Enforcement Code Of Ethics (Pg.11)
Court System (Pg.12)
Court System Continued (Pg.13)
Corrections Facilities (Pg.14)
What is Probation (Pg.15)
Ethical Issues Regarding Probation (Pg.16)
What is Parole (Pg.17)
Ethical Issues Regarding Parole (Pg.18)
Correction System Dilemmas (Pg.19)
Current Police Misconduct Rate In The United States (Pg.20)
References (Pg.21)
References Continued (Pg.22)
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What Is Ethics?
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Ethics or “Moral Philosophy”, is a
branch of philosophy concerned
with the study of questions of
right and wrong and how we
ought to live. Ethics involves
making moral judgments
about what is right or wrong,
good or bad. Right and wrong
are qualities or moral judgments
we assign to actions and conduct.
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Purpose Served In The Justice
Systems
The study of ethics helps criminal
justice professionals quickly recognize
the ethical consequences of various
actions and the moral principles
involved.
Only through studying ethics is it
possible to define unethical behavior.
A full understanding of ethical
behavior demonstrates that it includes
not only “bad” or “evil” acts, but also
inaction that allows “bad” or “evil” to
occur.
Professionals in the criminal justice
system must be aware of ethical
standards in carrying out their
functions. Ethics is crucial in decisions
involving discretion, force, and due
process, because criminal justice
professionals can be tempted to abuse
their powers.
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Purpose Served In The Justice
System Continued….
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Understanding ethics
enables an appreciation
of the complexities of
acts that involve ethical
issues and dilemmas.
Without knowledge of
ethics, criminal justice
professionals may be
naive about moral issues
occurring within the
criminal justice system.
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Common Problems Faced
All agents of the criminal justice system
face difficult problems involving moral
choice :
> The use of deadly force
> Conformity to the rules of one’s office
> The decision to prosecute
> Participation in plea bargaining
> Representation of the guilty
> The imposition of punishment.
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Taking Oath
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Oath: - a statement of fact or a promise
calling upon something or someone that
the oath maker considers sacred (usually
God) as a witness to the binding nature of
the promise, or the truth of the statement
of fact.
Swear: to take an oath or to make a
solemn vow.
When taking an oath, one must stand up
with their left hand on a Holy Bible and
their right hand flat in the air.
They will be asked “ Do you swear to tell
the truth, the whole truth, and nothing
but the truth, so help you God?"
That person will respond with yes then
take a seat as the trial begins.
[ Note: An oath ensures the person on
trial will use ethics honestly to
answer any questions presented ]. 7
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Divisions In The Criminal Justice
System
Three Components
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Police
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Courts
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Corrections
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The Police System
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The term police refers to many
agencies at each level of
government;
The complexity of the criminal
justice system can be seen in
the large number of
organizations engaged in law
enforcement;
There are 50 federal law
enforcement agencies in the
United States and 17,876 state
and local law enforcement
agencies;
49 states have police agencies
(Hawaii has no state police)
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The Police System Continued
Each Police System Uses Ethics When
Facing the Following Major Duties:
1.
Keeping the peace:
2.
Apprehending violators and combating crime:
3.
Preventing crime:
4.
Providing social services:
This broad and important mandate involves the
protection of rights and persons in situations ranging from street-corner brawls to
domestic quarrels.
This is the task
that the public most often associates with police work, although it accounts for only a
small portion of police time and resources.
By educating the public about the threat of crime and
reducing the number of situations in which crimes are likely to be committed, the
police can lower the rate of crime.
Police officers recover stolen property, direct
traffic, give emergency medical aid, help people who have locked themselves out of
their homes, and provide other social services.
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Law Enforcement
Code Of Ethics
As a Law Enforcement Officer, my fundamental duty is to
serve mankind; to safeguard lives and property; to
protect the innocent against deception, the weak
against oppression or intimidation, and the peaceful
against violence or disorder; and to respect the
Constitutional rights of all men to liberty, equality
and justice.
I will keep my private life unsullied as an example to all;
maintain courageous calm in the face of danger,
scorn, or ridicule; develop self-restraint; and be
constantly mindful of the welfare of others. Honest in
thought and deed in both my personal and official
life, I will exemplary in obeying the laws of the land
and the regulations of my department. Whatever I
see or hear of a confidential nature or that is
confided me in my official capacity will be kept ever
secret unless revelation is necessary in the
performance of my duty.
I will never act officiously or permit personal feelings,
prejudices, animosities or friendships to influence my
decisions. With no compromise for crime and the
relentless prosecution of criminals, I will enforce the
law courteously and appropriately without fear of
favor, malice or ill will, never employing unnecessary
force or violence and never accepting gratuities.
I recognize the badge of my office as a symbol of public
faith, and I accept it as a public trust to be held so
long as I am true to the ethics of the police service. I
will constantly strive to achieve these objectives and
ideals dedicating myself before God to my chosen
profession...law enforcement.
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Court Systems
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United States has a
dual court system
- State & Federal
U.S. Supreme Court is
responsible for
correcting errors
made in all other
court systems.
They can review
cases from both the
state and federal
courts, but they will
only hear cases
involving federal law
or constitutional
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rights.
Court Systems Continued
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Courts are Responsible
for the following:
AdjudicationIn determining whether or
not a defendant is guilty;
Must use ethics to produce
reliable decisions;
Imposing sentences that
are appropriate to the
behavior being punished;
Must follow the
substantive and procedural
rules of law.
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Corrections Facilities
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Run by a variety of
federal, state and local
governments.
Less than 30% of
convicted offenders
are in prisons and
jails.
The rest are being
supervised in the
community with:
- Probation & Parole
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What is Probation ?
 Probation is a form community
supervision in which an offender is
allowed to remain in the community
but must abide by certain
restrictions, such as finding
employment or abstaining from
alcohol use.
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Ethical Issues Regarding Probation
Pros:
Gives offender another chance;
 Greater financial savings to governments
rather than incarcerating offender;
 Decreases the stigma caused by incarceration;
 Provides greater lifetime opportunities for
offender, (such as employment).
Cons:
 Does probation serve justice;
 Does probation satisfy victims;
 Does probation provide the necessary deterrent affect to
prevent future offenses;
 Does probation leave offender believing that punishment
is not severe.
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What is Parole ?
 Parole is the conditional
release of an inmate from
incarceration, under supervision,
after part of the prison sentence
has been served.
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Ethical Issues Regarding Parole
Pros:
 Early release gives offenders another chance to move on
with their lives;
 Greater financial benefit to governments if not housed in
prisons;
 Financially feasible to governments to get offenders back
into employment and paying government taxes;
 Financially feasible for offenders to support families and often gets
them off government entitlements;
 Early release relieves overcrowded prison systems.
Cons:
 Society generally believes parole allows convicted offenders to
avoid serving the sentence imposed by the courts;
 Victims of offenders vehemently oppose early releases and
desire full sentences to be served.
 Many believe parole circumvents the intent of the codified law.
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Correction System Dilemmas
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Correctional officers
in prisons and jails
often face ethical
dilemmas everyday.
One very common
ethical issue that
arises in correctional
facilities is the
invitation to commit
sexual misconduct.
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Current Police Misconduct Rate In The
United States
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References
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Albanese, Jay S.
Title: Professional Ethics in Criminal Justice; 2008
Cole, George F. & Smith, Christopher E.
Title: Criminal Justice In America; 2008
Lab, Steven, et al
Title: Criminal Justice: The Essentials; 2011
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References Continued
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Merlo, Alida V.
Title: What’s Wrong With The Criminal Justice
System:
Ideology, Politics, And The Media; 2000
Surette, Ray
Title: Media, Crime, And Criminal Justice; 1998
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