ETHICAL DILEMMAS AND DECISIONS

IN CRIMINAL JUSTICE

CHAPTER 6:CHAPTER 6:

ETHICS AND THE CRIMINAL ETHICS AND THE CRIMINAL JUSTICE PROFESSIONALJUSTICE PROFESSIONAL

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Justice, Law, and PolicyJustice, Law, and Policy

Discussion:Discussion:

Who administers justice?Who administers justice?

Who enforces the law?Who enforces the law?

How does policy affect How does policy affect administration and administration and enforcement?enforcement?

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Policy Making in Criminal JusticePolicy Making in Criminal Justice

PoliciesPolicies

GuidelinesGuidelines for action that dictate the priority of goals or for action that dictate the priority of goals or objectives. objectives.

Formal policyFormal policy

Developed by executive/legislative branchesDeveloped by executive/legislative branches, agencies in the , agencies in the criminal justice system.criminal justice system.

Informal policyInformal policy

May be related to an May be related to an individual’s view individual’s view of justice or self-of justice or self-interest.interest.

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IdeologyIdeology

• Both operate using Both operate using consensusconsensus paradigm paradigm • Both accept Both accept basic definitions of crime basic definitions of crime

given by lawgiven by law

Liberals and Conservatives

• Set of abstract beliefs about what is right• Especially concerned with moral order and

political arrangements• Shapes positions on specific issues

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The The LiberalLiberal Perspective on Crime Perspective on Crime

• Causes of criminality are Causes of criminality are psychological, social, or psychological, social, or biologicalbiological. .

• Individuals are Individuals are notnot completely culpable for crimes completely culpable for crimes..

Causation / ResponsibilityCausation / Responsibility

PolicingPolicing

• Police are a positive tool of social control.

• Police should be involved in community (via neighborhood policing, storefront police stations, etc.).

• Police should make an effort to understand certain groups.5

The The LiberalLiberal Perspective on Crime Perspective on Crime

• Human behavior is complex; justice should be Human behavior is complex; justice should be individualizedindividualized..

• Courts should Courts should consider offenderconsider offender, , not offensenot offense. .

• Courts should use Courts should use discretiondiscretion in punishment. in punishment.

CourtsCourts

CorrectionsCorrections

• Correctional programming should target Correctional programming should target biological, social, biological, social, psychologicalpsychological problems. problems.

• If the offender’s problem is corrected, crime will not be If the offender’s problem is corrected, crime will not be repeatedrepeated. .

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The The LiberalLiberal Perspective on Crime Perspective on Crime

• Ignoring the fact that a person was Ignoring the fact that a person was coercedcoerced into doing into doing something illegal.something illegal.

• Ignoring evidence that a person was Ignoring evidence that a person was mentally ill mentally ill when when committing a crime.committing a crime.

• Prosecuting a very young offender Prosecuting a very young offender just like a more just like a more culpable older offender.culpable older offender.

• Ignoring Ignoring prisoners’ needs for special attention or medical prisoners’ needs for special attention or medical carecare..

What’s Unethical?

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The The ConservativeConservative Perspective on Crime Perspective on Crime

• Offenders Offenders choosechoose their actions. their actions.

• Individuals must be held Individuals must be held accountableaccountable..

Causation / Responsibility

PolicingPolicing

• Public safety Public safety is the most important goal of police.is the most important goal of police.

• Police are the enforcers of social morality.Police are the enforcers of social morality.

• Police should not be unduly restricted by courts.Police should not be unduly restricted by courts.

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The Conservative Perspective on CrimeThe Conservative Perspective on Crime

• Criminals have Criminals have too many rightstoo many rights. .

• Victims deserve more Victims deserve more care and attention than offenders. care and attention than offenders.

• Courts that free criminals based on Courts that free criminals based on legal technicalities are legal technicalities are a threat to social ordera threat to social order..

CourtsCourts

CorrectionsCorrections

• Correctional facilities should concentrate on incapacitation.

• Correctional programs coddle/reward criminal behavior.

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The Conservative Perspective on CrimeThe Conservative Perspective on Crime

• Letting criminals off because of Letting criminals off because of courtroom courtroom deals or procedural errorsdeals or procedural errors. .

• Ignoring/excusing wrongdoingIgnoring/excusing wrongdoing, especially , especially if the person is likely to continue the if the person is likely to continue the behavior.behavior.

• Giving Giving special privileges special privileges to certain to certain criminals because of status or money.criminals because of status or money.

What’s Unethical?What’s Unethical?

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Right and LeftRight and Left

Right (Conservative) Right (Conservative) Most important value:Most important value: Order Order

Basis of a just society:Basis of a just society: Binding moralityBinding morality

Greatest danger:Greatest danger: Disorder—social, moral, and Disorder—social, moral, and political political

Left (Liberal)Left (Liberal) Most important value:Most important value: Justice Justice

Basis of a just society:Basis of a just society: Fair distribution of power, Fair distribution of power, wealth, privilegewealth, privilege

Greatest danger:Greatest danger: InjusticeInjustice11

Myths that Influence Myths that Influence Criminal Justice PolicyCriminal Justice Policy

The myth of The myth of crime wavescrime waves

The myth of The myth of child abductions by strangerschild abductions by strangers

The myth of the The myth of the drug crisisdrug crisis

The myth of The myth of equal justiceequal justice

The myth of the The myth of the utility of punishmentutility of punishment

The myth of The myth of a lenient criminal justice system a lenient criminal justice system 12

Do Researchers Help Make Myths?Do Researchers Help Make Myths?

Reported findings may be inaccurate due toReported findings may be inaccurate due to–Personal biasPersonal bias–Professional pressureProfessional pressure–Political pressurePolitical pressure–IncompetenceIncompetence–LazinessLaziness

Other research dilemmasOther research dilemmas–ConfidentialityConfidentiality–Side effectsSide effects–Need to deceive subjectsNeed to deceive subjects–Need to obtain informed, voluntary consentNeed to obtain informed, voluntary consent–Withholding benefits or services for research purposesWithholding benefits or services for research purposes–Misinterpretation/misuse of research findingsMisinterpretation/misuse of research findings

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Balancing Law and JusticeBalancing Law and Justice

• Individual officers often administer Individual officers often administer street justice street justice (justice (justice defined by the individual).defined by the individual).

• Definitions of Definitions of what is “just” varies what is “just” varies from person to person.from person to person.

• Most police corruption and graft is found in Most police corruption and graft is found in criminal criminal “gray “gray areas”areas” (prostitution, gambling, drugs). (prostitution, gambling, drugs).

• Officials are more likely Officials are more likely to enforce laws that they strongly to enforce laws that they strongly supportsupport. .

• Justice professionals are more likely to Justice professionals are more likely to operate ethically operate ethically when they believe in the justness of the systemwhen they believe in the justness of the system.. 14

Spader’s Rule of Law Spader’s Rule of Law Versus Versus

Rule of ManRule of Man• Rule of LawRule of Law Rule of ManRule of Man• (Positives)(Positives) (Positives)(Positives)• equal protectionequal protection individualizationindividualization• evenhandednessevenhandedness flexibilityflexibility• due processdue process mercymercy• FairnessFairness compassioncompassion• rationalityrationality equityequity• predictabilitypredictability informalityinformality• (Negatives)(Negatives) (Negatives)(Negatives)• inflexibilityinflexibility disparitydisparity• harshnessharshness inconsistencyinconsistency• rigidityrigidity arbitrary and capricious abusearbitrary and capricious abuse• mandatory legalismmandatory legalism uncertaintyuncertainty• red tapered tape uncontrolled provincialismuncontrolled provincialism

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Following OrdersFollowing Orders

Is an individual Is an individual excusedexcused from moral culpability when from moral culpability when following orders?following orders?

Should one Should one disobey orders disobey orders that he or she believes to be that he or she believes to be illegal or immoral? illegal or immoral?

Does a criminal justice professional have a Does a criminal justice professional have a duty to use duty to use personal moral judgmentpersonal moral judgment, or is obedience to , or is obedience to superiors mandatory?superiors mandatory?

Since it is difficult to challenge authority, Since it is difficult to challenge authority, few take an few take an individual stand against a law or practiceindividual stand against a law or practice (Milgram (Milgram Experiment).Experiment).

WhistleblowersWhistleblowers expose wrongdoing at risk to their careers expose wrongdoing at risk to their careers and sometimes their safety. Why?and sometimes their safety. Why?

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Ethical Issues for Criminal Justice Ethical Issues for Criminal Justice ProfessionalsProfessionals

• The types of issues The types of issues that give rise to that give rise to ethical dilemmas:ethical dilemmas:

1.1. The limits of the The limits of the state's right to state's right to control the individualcontrol the individual

2.2. The ethical use of The ethical use of forceforce

3.3. The appropriate use The appropriate use of discretionof discretion 17

Ethical Choices for Criminal Justice Ethical Choices for Criminal Justice ProfessionalsProfessionals

Ethical Choices of the CJ Professional:Ethical Choices of the CJ Professional:

1.1.Friendship vs. institutional integrity/professionalismFriendship vs. institutional integrity/professionalism2.2.Client (offender) needs vs. bureaucratic efficiency and Client (offender) needs vs. bureaucratic efficiency and institutional goalsinstitutional goals3.3.Personal goals or biases vs. fair and impartial treatment of Personal goals or biases vs. fair and impartial treatment of the public and the clients servedthe public and the clients served

The inappropriate use of The inappropriate use of discretiondiscretion occurs when the occurs when the professional uses professional uses unethicalunethical criteria to resolve decisions criteria to resolve decisions

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Gardner’s Cognitive CapacitiesGardner’s Cognitive Capacities

• Five Cognitive Capabilities for Ethical Five Cognitive Capabilities for Ethical Practice:Practice:

1.1. The “disciplined mind”—the ability to The “disciplined mind”—the ability to focusfocus and learn a field and learn a field of study.of study.

2.2. The “synthesizing mind”—the ability to The “synthesizing mind”—the ability to integrateintegrate diverse diverse ideas into a coherent whole.ideas into a coherent whole.

3.3. The “creating mind”—the ability to The “creating mind”—the ability to recognize and solve recognize and solve problemsproblems..

4.4. The “respectful mind”—the ability to The “respectful mind”—the ability to form and maintain form and maintain good relationshipsgood relationships with other people. with other people.

5.5. The “ethical mind”—the ability to The “ethical mind”—the ability to fulfil one’s responsibilitiesfulfil one’s responsibilities as a citizen and to identify with fellow humans.as a citizen and to identify with fellow humans.

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Leadership and TrainingLeadership and Training

American Society for Public Administration American Society for Public Administration

Standards for LeadershipStandards for Leadership

Responsibility and accountabilityResponsibility and accountability

CommitmentCommitment

ResponsivenessResponsiveness

Knowledge and skillsKnowledge and skills

Sensitivity to conflicts of interestSensitivity to conflicts of interest

Professional ethicsProfessional ethics 20

How Leaders Can Foster Ethics (Metz)How Leaders Can Foster Ethics (Metz)

1.1. Establish realistic goals and objectives.Establish realistic goals and objectives.

2.2. Provide ethical leadership (set a moral tone by Provide ethical leadership (set a moral tone by actions).actions).

3.3. Establish formal written codes of ethics.Establish formal written codes of ethics.

4.4. Provide a whistleblowing mechanism.Provide a whistleblowing mechanism.

5.5. Discipline violators of ethical standards.Discipline violators of ethical standards.

6.6. Train all personnel in ethics.Train all personnel in ethics.21

Ethical LeadershipEthical Leadership

• Strong leadership involves caring and commitment Strong leadership involves caring and commitment to the organization.to the organization.

• Idealistic realism:Idealistic realism: the ability of good leaders to the ability of good leaders to acknowledge and understand social realities while acknowledge and understand social realities while avoiding the trap of cynicism.avoiding the trap of cynicism.

• Ethical leaders possess vision and moral Ethical leaders possess vision and moral responsibility and engage in enlightened reasoning. responsibility and engage in enlightened reasoning.

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Teaching Ethics (Sherman)Teaching Ethics (Sherman)1.1. Stimulate the "moral imagination" by posing difficult moral Stimulate the "moral imagination" by posing difficult moral

dilemmas.dilemmas.

2.2. Encourage the recognition of ethical issues beyond immediate Encourage the recognition of ethical issues beyond immediate goals.goals.

3.3. Help to develop analytical skills and the tools of ethical Help to develop analytical skills and the tools of ethical analysis.analysis.

4.4. Elicit a sense of moral obligation and personal responsibility.Elicit a sense of moral obligation and personal responsibility.

5.5. Tolerating and resisting disagreement and ambiguity.Tolerating and resisting disagreement and ambiguity.

6.6. Explore the morality of coercion, which is intrinsic to criminal Explore the morality of coercion, which is intrinsic to criminal justice.justice.

7.7. Help students recognize the difference between technical and Help students recognize the difference between technical and moral competence.moral competence.

8.8. Address the full range of moral issues in criminology and Address the full range of moral issues in criminology and criminal justice.criminal justice.

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Avoiding Cynicism and BurnoutAvoiding Cynicism and Burnout

• First, adopt realistic goals First, adopt realistic goals before entering the before entering the profession. profession.

• Second, find and nurture a Second, find and nurture a network of mentors and network of mentors and colleagues that promotes colleagues that promotes ethical values. ethical values.

• Third, seek self-fulfillment Third, seek self-fulfillment and personal enrichment. and personal enrichment.

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