Ethics in Criminal Justice - Kean University

1 Ethics in Criminal JusticeEthics in Criminal JusticeCJ 3750CJ 3750 Professor James J. Drylie Professor James J. Drylie Week 1 Week 1 IntroductionIntroduction Course overviewCourse overview Review of syllabusReview of syllabus Textbook Textbook Schedule Schedule Grading Grading Academic integrityAcademic integrity Assignments Assignments Quizzes Quizzes Examinations Examinations Student expectationsStudent expectationsMorality, Ethics & Human Behavior Morality, Ethics & Human Behavior The study of Ethics in Criminal JusticeThe study of Ethics in Criminal Justice The Criminal Justice system involves ACTORS The Criminal Justice system involves ACTORS who make decisions that arewho make decisions that are Analyzed Analyzed JudgedJudged Ethical Ethical Unethical Unethical Discretion is exercised by these actors at all Discretion is exercised by these actors at all stages in the systemstages in the systemDiscretionary actorsDiscretionary actors LegislatorsLegislators The power to define behavior as illegal and The power to define behavior as illegal and Police officers exercise considerable Police officers exercise considerable discretion todiscretion to ArrestArrest InvestigateInvestigate Cite Cite Prosecutors may face the least amount of

2 Prosecutors may face the least amount of public scrutiny. To charge To charge DowngradeDowngrade Proceed with grand juryProceed with grand jury Death penalty Death penalty Influence policeInfluence police JudgesJudges Plea bargainsPlea bargains Rules of evidenceRules of evidence Sentencing Sentencing CorrectionsCorrections Probation officers in completing preProbation officers in completing pre--sentence sentence and violation reportsand violation reports Prison officials determine Prison officials determine good behaviorgood behavior Correctional officers supervising inmates Correctional officers supervising inmates Parole officials Parole officials Common elementsCommon elements Each have discretion. The power to make Each have discretion. The power to make a decision. Each has the duty to enforce the has the duty to enforce the law.

3 Each must accept that their duty is to Each must accept that their duty is to protect constitutional constitutional safeguards. ALL are public servants. ALL are public servants. Ethics in Criminal justiceEthics in Criminal Justice Ethics is a mainstay of is a mainstay of professionalism. Training in critical Ethics develops analytical Training in critical Ethics develops analytical skills and reasoning and reasoning ability. Professionals should recognize ethical Professionals should recognize ethical consequences of of actions. Ethical considerations are central to decisions Ethical considerations are central to decisions involving discretion, force & due discretion, force & due process. Ethics is germane to management and policy Ethics is germane to management and policy Ethical considerations are essential aspects in Ethical considerations are essential aspects in research.

4 Research. Five goals of the study of ethicsFive goals of the study of Ethics Become aware and open to ethical issuesBecome aware and open to ethical issues Begin developing critical thinking skillsBegin developing critical thinking skills Become more personally responsibleBecome more personally responsible Understand how the system is engaged in Understand how the system is engaged in a process of coerciona process of coercion Develop Develop wholesightwholesight(exploring with your (exploring with your heart and mind)heart and mind)Defining termsDefining terms MoralsMorals LatinLatin--based word based word CustomCustom Character Character What is judged as What is judged as good conductgood conduct Immorality is referred Immorality is referred to as bad conduct to as bad conduct Someone who makes Someone who makes value judgments and value judgments and discerns right from discerns right from wrong.

5 Wrong. EthicsEthics The study and analysis The study and analysis of what constitutes of what constitutes good or bad conductgood or bad conductBranches/schools of ethicsBranches/schools of Ethics MetaMeta--ethicsethics the highly technical discipline the highly technical discipline investigating the meaning of ethical terms investigating the meaning of ethical terms including critical study of how ethical statements including critical study of how ethical statements can be be verified. Normative ethicsNormative Ethics determines what people determines what people ought do and defines moral do and defines moral duties. Applied ethicsApplied Ethics the application of ethical the application of ethical principles to specific to specific issues. Professional ethicsProfessional Ethics a specific type of applied a specific type of applied Ethics relating to behavior of certain relating to behavior of certain behavioral decisionsJudging behavioral decisions ActAct there must be some act to judgethere must be some act to judge Human actsHuman acts judgments are directed judgments are directed specifically to human behaviorspecifically to human behavior Free willFree will restricted to behavior that restricted to behavior that stems from free will and free actionstems from free will and free action Effects on othersEffects on others did the behavior did the behavior significantly affect others significantly affect others Categories of Ethical IssuesCategories of Ethical Issues Effects on the citizenryEffects on the citizenry Effects on

6 Other employeesEffects on other employees Effects on the organization one works forEffects on the organization one works forEthical InventoryEthical Inventory Individual and OrganizationIndividual and Organization Work ethic (dayWork ethic (day s work for a days work for a day s pay)s pay) Petty theftPetty theft Abuse of overtimeAbuse of overtime Misuse of sick timeMisuse of sick time Organization & employeesOrganization & employees Sexual/racial harassmentSexual/racial harassment DiscouraingDiscourainghonest criticismhonest criticism Inadequate compensationInadequate compensation Unrealistic or inappropriate demandsUnrealistic or inappropriate demands Place employees in unnecessary riskPlace employees in unnecessary risk Individual and Other EmployeesIndividual and Other Employees BackstabbingBackstabbing GossipGossip Sexual/racial harassmentSexual/racial harassment Lying to Lying to coverupcoverupblameblame Taking credit for otherTaking credit for other s works work Individual & PublicIndividual & Public Misuse of authorityMisuse of authority Inadequate or marginal

7 PerformanceInadequate or marginal performance Sexual/racial/ethnic harassmentSexual/racial/ethnic harassment Special treatmentSpecial treatment Malfeasance/misfeasance/nonfeasanceMalfe asance/misfeasance/nonfeasance RudenessRudeness Incivility Incivility Duties & ValuesDuties & Values Duties Duties Actions one must perform in order to be Actions one must perform in order to be considered moral. considered moral. We all have a duty to obey the all have a duty to obey the law. SuperogatoriesSuperogatories Actions that are commendable, but not required. Actions that are commendable, but not required. Good SamaritanGood Samaritan Imperfect dutiesImperfect duties GenerosityGenerosity No specific demand on type or mannerNo specific demand on type or manner ValuesValues Elements of desirability, worth, or of desirability, worth, or importance.

8 Often equated with moral judgments of equated with moral judgments of goodness. Consider these factual judgments:Consider these factual judgments: He is is lying. It is is raining. Value judgments:Value judgments: She is a good is a good woman. That was a wonderful was a wonderful day. Facts are capable of scientific proof, values Facts are capable of scientific proof, values and moral judgments are not. and moral judgments are not. Morality & the LawMorality & the Law A crime has three elementsA crime has three elements ActusActusreasreas MensMensrearea Causation Causation When When actusactusreasreascreates result prohibited by result prohibited by law. Four levels of legal culpabilityFour levels of legal culpability PurposelyPurposely KnowinglyKnowingly RecklesslyRecklessly Negligently Negligently Regulations/Standards/GuidelinesRegulati ons/Standards/Guidelines RegulationsRegulations Govern activities of occupations Govern activities of occupations police, doctor, police, doctor, electrician, , etc.

9 StandardsStandards Come from private or public bodies often used for Come from private or public bodies often used for accreditationaccreditation GuidelinesGuidelines Usually recommendations rather than directions. Usually recommendations rather than directions. Often come from a professional group. Often come from a professional group. Ethical dilemmasEthical dilemmas Situations in which one person must make Situations in which one person must make a decision about what to do. a decision about what to do. Involve the individual struggling with Involve the individual struggling with personal decision decision making. Decriminalization of soft drugsDecriminalization of soft drugs Death penalty Death penalty Racial profilingRacial profiling Patriot Act Patriot Act