Ethics and values are essential and important in every aspect; in our daily personal and professional lives. To begin with, what is ethics? Ethics are a set of rules or values based on the morality of what is good and bad. Having ethics and values is what keeps our society less chaotic. I believe the code of ethics is necessary in the criminal justice system because the main purpose of the professionals within this field is to make sure that they treat citizens with respect and dignity. Code of ethics is a document that summaries the mission and values of a business or organization. It also summaries how professionals are supposed to carry themselves, approach problems and the principles to which the professional is held.
Every agency has
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Discretion is the authority to make decisions in enforcing the law based on one’s observations and judgment rather than the letter of the law (peak). Authorities have the liberty to choose how they will handle a case and what actions to take. For example, a police officer sees a drug deal and arrests the defendant for drug sale. The officer has the discretion of making a deal with the defendant if he/she agrees to be an informant, for a lesser charge to catch the bigger fish. In court judges have the discretion when setting conditions for pretrial release, dismiss cases, implement sentences and accept pleas. I believe that depending on the severity of the case, the evidence and criminal record offenders should be treated informally. Especially for drug crimes, if an offender is willing to risk their lives (by informing) to keep their freedom then discretion should be applied.
The wedding cake model is a model of the criminal justice process, with the principle that not all criminal cases are handled the same way by law enforcement and the courts. Depending on how serious the crime is and who the offender is, the case will be treated as high-profiled or normal. The wedding cake model consists of four layers. The first (top) layer of the wedding model is the “celebrated cases”. Celebrated cases command a great deal of media attention because the crimes are unusual or because the defendants are celebrities
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Crime control perspective is focuses on preventing criminal behavior and incapacitating serious criminal offenders. Rehabilitation model views the justice system as a treatment agency that focuses on helping offenders rather than punishing and incarcerating. Due Process perspective views the system as a legal process. It emphasizes individual rights and constitutional protections against arbitrary or unfair judicial or administrative proceedings.
The nonintervention model is concerned about shame and helping defendants avoid the justice system, decarceration and decriminalization. The equal justice perspective emphasizes that under law everyone should be treated equally from the beginning (arrest) to the release or the end of the offenders case. The last perspective is the restorative justice model. This model focuses on peacemaking rather than punishment. To help victims, offenders and communities
When examining criminal justice systems it is important to note two important criminal justice models, the due process model and the crime control models. Most governments function based on several aspects from each criminal justice model; these crime models were initially introduced by Herbert Packer in 1968 (Cole, Smith, & DeJong, 2014). The due process model in the criminal justice system reflects the formal decision making process and highlights the importance of ensuring the criminal justice system works upon reliable knowledge (Cole, Smith, & DeJong, 2014). The crime control model is based on efficiency and ensuring crime is repressed as much as possible; this model promotes bargaining and often encourages defendants making deals with
The judicial system is based off the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982). Incapacitation is a form of punishment that removes an offender from society. This model protects
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
There are three type of sentencing models used by judges for the sentencing phase of trials; indeterminate, determinate, and mandatory. These sentencing models are used to bring justice to those who are convicted of crimes and must now live with the consequences of their actions. Justice is a word that has a different meaning to each individual person. This paper will discuss, in detail, the meaning of justice, the three types of sentencing models, the pros and cons of each model, and the impact each one has had and continues to have on corrections.
Each position in criminal justice holds power and responsibility, and therefore, it is very important that said people in those positions do not abuse it. Unethical behavior in the criminal justice system takes away trust and respect from authority, and as a consequence, the law is more easily disregarded if the people lack faith in the system. It can, also, contribute to crime and/or cause citizens to not report crimes. Society should have indubitable confidence in the men and women of the criminal justice system. Law enforcement officers violating even the smallest rule could lead to more serious infractions. Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized." Having less than ethical persons in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime.
Packer’s second assumption of a criminal justice system is that none of the areas of a justice system overlap, allowing there to be effective checks and balances within a system. This allows for discretion between cases, which can ensure that sentencing and punishment are tailored to the individual, as well as keeping a hold on the power of the government. Tailoring sentences to an individual ensures that the system does not become focused on general deterrence, and that power does not begin to cascade to one area of the government, making the system unfairly
Ethics are the foundation of the criminal justice system. It allows us to create and developed our moral reasoning, our role in society, what society as a whole consider a fair, just, or acceptable punishment for those “breaking the rules”. Ethics also help us understand what the characteristics we believe are criminal activities are. Therefore ethics allows our criminal justice system to work smoothly and more efficiently.
There are better ways to punish criminals and protect society than mass incarceration. The state and local governments should be tough on crime, but “in ways that emphasize personal responsibility, promote rehabilitation and treatment, and allow for the provision of victim restitution where applicable” (Alec, 2014). The government also succeeds in overseeing punishment but fails to “…take into account the needs of offenders, victims, and their communities.” (Morris, 2002: Pg. 1 and 2). Alternatives to incarceration, such as sentencing circles, victim offender mediation, and family conferences, can successfully hold criminals responsible while allowing them a chance to get “back on their feet”. Research has proven that rehabilitation has lowered the rate of re-offenders, reducing the crime rate, protecting communities and also saves a lot of
Police ethics are extremely important because ethics are the typical of “fair and honest conduct” (pg 460). People may have a different definition of what is fair and what is honest, and there are different circumstances where officers may not be able to be honest; such as covert investigations. Society in general determines what our ethical standards and moral principles are. Individual morals vary among all of us as they are what we as an individual consider to be right or wrong. We also have morals that are set by society. These are what we as a society consider to be right or wrong and may go hand in hand with individual morals. Morals change as society and people change, therefore we as a country have to adapt to what the changing morals are.
The crime control model and the due process model are two different, yet similar models that was identified by Herbert Pecker and that are used in the criminal justice process. However, how important are these models in the criminal justice process? And is it necessary for us to have both of these models which to an extent performs similar outcomes. To answer these questions this essay will explaining the meaning of these two models, in addition, it will be looking at the differences that there are between these two models. And as a result, reveal the importance of these two models and whether it is necessary to have both models
Crime control and due process were models identified by Herbert Packer [1968]. The crime control model was designed to help the police. The key objective is crime fighting. Emphasis is placed on facilitating criminal investigation, questioning and pursuit of offenders. Less emphasis is placed on the rights of the suspects. The aim is the conviction of the guilty even if it means convicting a few innocent ones. Due process on the other hand, stresses on the defendants’ rights to fair trial. It presumes that the accused is innocent until proven guilty. The accused should be equal before the law. They should be limits on the powers of the police and other law enforcing...
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
Criminal Justice professionals make decisions everyday and they have to be able to recognize when an issue involves ethical considerations. Therefore, in order to recognize these issues and make appropriate and correct decisions, it is important that the criminal justice professional study ethics. In order to make a good ethical decision the professional will have to have the ability to apply knowledge of ethics, know the ethical terminology and the concepts needed in making a good ethical decision.
Ethics are moral principles or values that govern the conduct of an individual or a group.It is not a burden to bear, but a prudent and effective guide which furthers life and success. Ethics are important not only in business but in academics and society as well because it is an essential part of the foundation on which a civilized society is built.