Transcript CJS/211 - University of Phoenix

CJS/211
Ethics in Criminal Justice
Week 1
University of Phoenix
CJS/211
OBJECTIVES
• Explain the importance of ethics as applied to the criminal justice
practitioner.
• Discuss the goals of the study of ethics.
• Discuss morality, ethics, duties, etc...
• Explain ethical theories or systems including topics of deontological,
utilitarianism, and religion.
• Discuss and analyze ethical dilemmas.
• Explore components of the concept of justice.
• Discuss discretion and related issues.
• Explore the paradigms of law.
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Criminal Justice Related Ethics applied:
Constant pursuit of individual dreams/actions with the context of the larger
community.
Maintaining:
• individual integrity
• organizational integrity
• utilizing a personal/organizations sense of right and wrong, yet
conforming to what is best for the majority of persons in an
organization/society can be a constant and evolving challenge
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Normative ethics
Study of right and wrong
What are the basic, fundamental principles of right and wrong.
Considered foundations of all of our ethical judgments.
Generally accepted examples of wrongs in society:
• Lying
• Cheating
• Stealing
• Killing
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Do these wrongs all have something in common that makes them all wrong?
• Lying
• Cheating
• Stealing
• Killing
If so, what is that common characteristic?
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Morals and Ethics
Morals/Morality – conformity to the rules of right conduct; moral or virtuous
conduct (dictionary.com)
Applied ethics – examining specific controversial issues (internet
encyclopedia of philosophy)
Professional ethics – member of an occupational group who work within
and accept the profession's agreement to work in a morally permissible way
(often expressed as a code of ethics) (center for the study of professional
ethics)
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Two common standard ethical theories:
Utilitarian
Deontological
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Utilitarian Ethics
Utilitarianism: Consequentialist ethical theory.
The utilitarian holds that we judge the morality of an action in terms of the
consequences or results of that action.
• Do actions help, hurt, or harm
• Results
Society versus individual
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Deontological Ethics
Deontologists have argued that human beings have duties to perform certain
actions regardless of the consequences.
• Police officers have a duty to issue traffic tickets even when they may not
want to do so or the ticket may not produce the greatest good for the
greatest number.
• Teachers have the duty to fail students who do failing work even if failing
that student produces more misery than happiness.
• Military has the duty to fight and utilize force even if it is against their
personal beliefs.
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FIVE GOALS FOR EXPLORING ETHICS
1. Greater awareness of moral/ethical issues
2. Develop critical thinking/analytical skills
3. Become personally responsible
4. Understanding coercion in criminal justice
5. Develop wholesight
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1. Greater awareness of moral/ethical issues:
contradictions in our moral beliefs and values may create differences
between appearances and reality (things are often not what they seem).
what we are taught as children is often challenged by our adult experiences.
some choices seem clearly to be right or wrong, while other choices can
appear socially ambiguous and less certain.
• telling a small lie / committing perjury
• what you claim on your taxes / bank fraud.
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1. Greater awareness of moral/ethical issues.
Moral issues remind us where justice is concerned:
• personal values / social consequences are often intertwined with criminal
justice outcomes.
• civil issue or jail.
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2. Develop critical thinking/analytical skills.
As children we were often creative and had active imaginations
As we grew older we learned to:
• stand in line
• follow instructions
• become obedient
Adults are often inclined to become more interested in asking how rather
than why.
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2. Develop critical thinking/analytical skills.
develop critical thinking and analytical skills
ask the right questions
distinguish concepts such as justice and liberty from principles such as ends
justify the means
short-term and long-term costs/goals
consider what will future generations think about our decisions, laws, and/or
policies
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3. Become personally responsible
increase personal responsibility
increase ability to respond
continue exploration and search for the truth regarding moral and
ethical issues
knowledge helps with being empowered
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4. Understanding coercion in criminal justice.
criminal justice is often related to forcing people to do things they do not want
to do.
• Speed limits
• Banking regulations
• Tax laws
• Loud stereo
having the authority to be coercive, combined with the discretionary nature of
such authority, can create the potential for corruption and abuse.
Can you think of examples where the coercive role of police, courts, or
corrections could be corrupted?
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5. Develop wholesight.
creates vision in which our minds and hearts work with our thinking and
feeling
working together for the common good
explore issues with our minds and hearts
looks not only to the immediate dilemma but also to the deeper level and
asks what the costs/issues might be in the long run
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Ethical Considerations in Policing
Peacemaking in Criminal Justice
• CONNECTEDNESS
• CARING
• MINDFULNESS
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Importance of ethics for criminal justice professionals:
DISCRETION - how sacred are the items related to discretion?
Public trust
Power to make major decisions
Potential deprivation of:
• Life
• Liberty
• Property
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Criminal Justice Professionals
Duty to enforce the law
Duty to protect constitutional safeguards
Due process
Equal protection
High standards
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Morality and the law are complex issues:
• Culpability
• Criminal/civil
• Intent
• Reckless
• Negligent
• Accidental
• Malice
• Juveniles - different standards?
• Administrative or regulatory
• Regulations, standards, and rules
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Action and consequence based:
Religion
• Sources of religious dictates
• Individual conscience
Religious authorities:
• priests, rabbis, ministers, etc…
Holy scriptures
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Different Religion Types/Different Views?
Christianity
Judaism
Islam
Buddhism
Confucianism
Hinduism
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Paradigms of law:
Consensus paradigm - society or community consisting of like-minded
individuals who agree on goals that are important for ultimate survival.
Sees the law as an aid to the growth or survival of society.
Conflict paradigm - views society as made up of competing interests with
conflict/change. Sees the law as some win some loose and who holds
power.
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Pluralist paradigm - shares view that society is made up of competing
interests, but recognizes more power groups.
Also recognizes balances of power shift with coalitions or groups. Sees
the law as related to social change. (Pollock, 2010, Ethical Dilemmas and
Decisions is Criminal Justice, 6 ed. P119.)
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Death Penalty
Legalization of Drugs
Gambling
Prostitution
Dog fighting
Others?
Break into groups
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Questions/Discussion/Comments?