copyright © 2016, carolina academic press. all rights reserved. kelly cheeseman claudia san miguel...

Copyright © 2016, Carolina Academic Press. All Rights Reserved.

Kelly Cheeseman Claudia San Miguel

Durant FrantzenLisa Nored

EVERYDAY ETHICS FOR THE CRIMINAL

JUSTICE PROFESSIONAL

Second Edition


CHAPTER 1An Introduction to Everyday Ethics in Criminal Justice


Chapter Objectives

The student will understand the meaning of ethics.

The student will understand how ethics relates to the criminal

justice system.

The student will learn to define the word ethics.

The student will differentiate between the words ethics and

morality.

The student will understand the importance of ethics for criminal

justice professionals.


Introduction

Five goals that should be included in examining crime, justice and ethics:

1. Become aware of and open to ethical issues in their entirety, both the small and

the grandiose.

2. Begin developing analytical skills that will help to critically examine the why and

how of what we do in the criminal justice system.

3. Grow in our ability to become more personally responsible.

4. Appreciate the coercive nature of the criminal justice system.

5. Develop wholesight. This means exploring things from both a mind and heart

perspective, appreciating all the costs involved in the criminal justice system.


Ethics Ethics in criminal justice is ever-present.

It is simply overlooked as an integral element that preserves fundamental rights outlined by our

forefathers in the constitution.

It is at times overlooked as the driving force that guides policies, practices, operations, and

procedures of the criminal justice system.


Ethics in the Workplace

All components of the Criminal Justice system are susceptible to the

hazards of unethical decision making; ethics does not only apply to police.

Police: Ethics filters through the most mundane and routine activities of the police to

the most dangerous and life-threatening situations that require the use of deadly force.

Courts: Ethics permeates the courtroom environment during arraignments, grand

juries, and trials.


Ethics in the Workplace, cont.

Corrections: Ethics seeps into the everyday operations of jails and prisons whose staff is

charged with safeguarding the due process rights of those convicted of crimes while also

having discretion to use reasonable force to maintain order.

Research: Ethics ensures that empirical investigators do not violate the basic rights of

human subjects as they search for answers to society’s crime problems.


Wilkins v. Gaddy

Corrections officer Gaddy was accused by state prisoner Wilkins of excessive force, violating the 8th amendment’s provision against cruel and unusual punishment.

Wilkins argues he was slammed against the floor, punched, kicked, kneed and choked until another officer stopped the incident.

Supreme Court Cases


An argument for the ethically-dangerous environment that seemingly characterizes the criminal

justice system is the ability of its employees to use discretion.

Discretion allows actors of the system to be swayed by circumstances and/or situations

outside the realm of the law.

It also allows actors to weigh factors not necessarily relevant to fulfilling their duty as ethical

public servants.

Spirit of the law vs. letter of the law

Discretion


What is Ethics?

Ethics

1. A set of moral principles that guides human behavior (Close & Meier, 1995).

2. The science of moral conduct, duty, and the responsibility to do the right thing (Braswell et al., 2008).

The terms ethics and morality share the same root meaning

The Greek word ethos means character or conduct. (Close & Meier, 1995).

The Latin word moralis pertains to custom or character (Close & Meier, 1995).


General Ethical Principles

• Compassion: concern for the well-being of others.• Nonmaleficense: avoiding inflicting suffering and hardship on others.• Beneficence: preventing and alleviating others’ suffering; meeting the needs of the most vulnerable; promoting others’ happiness.• Fairness: treating people the way they deserve to be treated; as having equal rights unless merit or need justifies special treatment.• Courage: in opposing injustice. • Respect: for the Constitution and other laws enacted by legitimate governing bodies.• Honesty: not deceiving anyone who deserves to know the truth.• Not making promises that we don’t intend to keep.• Keeping promises that we made freely.• Integrity: upholding our obligations in spite of personal inconvenience.


General Ethical Principles, cont.

Courage: in opposing injustice.

Respect: for the Constitution and other laws enacted by legitimate governing bodies.

Honesty: not deceiving anyone who deserves to know the truth.

Not making promises that we don’t intend to keep. Keeping promises that we made freely.

Integrity: upholding our obligations in spite of personal inconvenience.


Specific Obligations of Public Officials

Use impartial judgment in the service of all constituents.

Avoid conflicts of interest that could undermine your objective judgment.

Don’t show favoritism towards family and friends in hiring.

Don’t solicit or accept bribes from people seeking to influence your official decisions.


Ethics are influenced by:

our upbringing

personal and work experiences

religious beliefs and moral philosophy

friends and co-workers

the U.S. Constitution

laws that exist at the state and federal level

Where Do Ethics Come From?


Four common ethical elements that each criminal justice professional encounters:

Discretion: The power to make a decision or act in a manner that the individual feels is right or

correct.

The duty to enforce the law : Service to the law is part of every criminal justice career and is also

expected even if the individual disagrees with the law itself.

They are public servants: The job of those in criminal justice is to serve the best interest of the

citizens and they must hold themselves accountable to the public.

The duty to uphold constitutional protections: Fundamental to the Constitution are the concepts of

due process and equal protection.

Where Do Ethics Come From? cont.


Constitutional Amendments which directly impact criminal justice

professionals:

4th Amendment: No person shall be held to answer for a capital, or otherwise infamous

crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or

naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any

person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private property be taken for public use, without just

compensation.

6th amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and

public trial, by an impartial jury of the state and district wherein the crime shall have been committed,

which district shall have been previously ascertained by law, and to be informed of the nature and

cause of the accusation; to be confronted with the witnesses against him; to have compulsory

process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

The Constitution


The Constitution, cont.

8th amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel

and unusual punishments inflicted.

14th Amendment: All persons born or naturalized in the United States, and subject to the

jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State

shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United

States; nor shall any State deprive any person of life, liberty, or property, without due process of law;

nor deny to any person within its jurisdiction the equal protection of the laws.


Supreme Court Cases

Atwater v. City of Lago Vista

Gail Atwater was arrested for failing to place seatbelts on her small children, and herself as she drove through the city of Lago Vista. Officer Turek, who performed the arrest, yelled at Atwater for not caring about the welfare of her children. After repeated pleas to lower his voice because it was frightening her children and pleas to allow her to take her children to a friends house before going to the police station, Turek continued his verbal tirade and rejected her idea for childcare.

Atwater filed a suit saying her fourth amendment rights to “be secure from unreasonable searches and seizures” was violated when Turek arrested her for a crime whose punishment should have only been a fine.

The Supreme Court ruled that Turek acted within the scope of the framers of the Constitution when arresting Atwater.


Steps that can be taken when determining what course of action someone should

take when faced with an ethical dilemma:

1. Examine all possible resolutions to the situation and examine all the possible costs and effects of each

possibility.

2. Determine if any of the possible results of the situation would be viewed as unreasonable if other people

were made aware of the situation or if it were to be made public.

3. A criminal justice professional must be able to justify the decision based on his or her own set of values

and beliefs.

Reducing Unethical Behavior


Thinking Questions

1. What are some of the ethical decisions you make on a daily basis?

2. What is the most common way to define the term ethics?

3. What are Braswell et al.’s (2008) 5 goals in understanding ethics in criminal justice?

4. Describe what you believe to be the biggest ethical concern in criminal justice today.

5. What was the ethical dilemma in the case of Wilkins v. Gaddy (2010)?


6. How is discretion an ethical issue within the criminal justice system?

7. What steps can be taken when determining what course of action someone should take when faced with an ethical dilemma?

8. List and explain the four common ethical elements that criminal justice professionals encounter?

9. Describe ethical dilemmas encountered by members of the following criminal justice profession: law enforcement, lawyers, judges, correctional officers, community supervision officers, private security personnel, criminal justice researchers.

10. How can one become a moral and ethical criminal justice professional?

Thinking Questions

The full set of PowerPoint slides is available upon

adoption. Email bhall@cap-

press.com for more information.

copyright © 2016, carolina academic press. all rights reserved. kelly cheeseman claudia san miguel...

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