Criminal Justice Ethics Outline

Brandon Locklear Criminal Justice Ethics April 2017

Research Paper: Criminal Justice Ethics

CJC 232-OI

Instructor: Mr. Rudy Locklear

Robeson Community College 2017

By: Brandon Locklear

Criminal Justice Ethics

Outline

I. Introduction

II. Ethical Systems

III. Ethics and the Police

IV. Ethics and the Courts

V. Ethics and Correctional Officers

VI. Ethics, Probation, and Parole Officers

VII. Conclusion

I Introduction

Criminal justice and ethics are closely related. According to social contract theory, the residents of a country give up certain liberties to be protected by the government, and criminal justice professionals are agents of the government. Those who specialize in justice are expected to have

higher moral character, so that the common man can feel confident about the agents of the government that are protecting them. Almost all criminally justice professionals, including police officers, judges, prosecutors, defense lawyers, correctional officers, probation officers, or parole officers, need to exercise the use of their discretion at some point or another during the course of their careers. Usually this occurs “when professionals are faced with specific ethical dilemmas, as opposed to taking a stand in matters involving broad ethical issues” (Pollock, 2007). “When discretionary decisions are guided by ethics, decisions can be said to be fair and just, because there are always some type of moral obligations that are higher than others “(Souryal, 2006). The awareness and importance of ethics in the field are increasing at a fast pace. This is because, as in almost every other occupation, those in criminal justice also engage in unethical behaviors during the course of their job hours. Every year there are professionals who end their careers in disgrace by engaging in underhanded activities. This includes behaviors that are downright illegal and simply uncalled for, as well as other types of unethical behavior which is necessarily illegal. Overall, criminal justice professionals in all areas engage in an abundance of unethical behaviors that are not governed by the legislature and the court system.
II Ethical Systems
Plato argued “that the idea of “goodness”, or the summum bonum of values, is a virtue even higher that justice” (Souryal, 2006).

This goodness sparks the minds of human beings and helps them to make moral judgments. The idea of natural law, or self-preservation, “appealed to both Plato and his student Aristotle, who sought universal qualities in human nature” (Souryal, 2006). “Stoics, natural law signifies a search for moral absolutes that is identified as natural” (Pollock, 2007). Aristotle, in the Nicomachean Ethics, “provided the first systematic study of ethics in the history of the Western world”(Albanese, 2008 p.15). In this book, Aristotle pinpointed that the ethics of virtue that is concerned with virtuous habits. Aristotle suggested the intermediate path, or the golden mean, which strikes a balance between extreme behaviors. He prescribed 10 moral virtues or excellences that are to be cultivated they are as follows:” courage, temperance, prudence, justice, pride, ambition, having a good temper, being a good friend, truthfulness and wittiness” (Albanese, 2008). Every officer knows, or at least should know by now, that they live in very tight quarters as to what they can or cannot engage in. Everyone in all walks of life from friends, family and enemies watch every move law enforcement officers make both on and off duty I know because my daddy is an officer and people are always making assumptions. The fact is that the public criticize police officers more than most other professions, either because they're doubtful and hope to catch them screwing up or because they're hopeful and are looking for a good example and a strong leader. In either case, it's up to the officer to be above reproach in both his public and private life. This brings us to ethics and the

police.
III Ethics and the Police
"According to Pollock there are two roles in policing: the traditional crime fighter role and the public service or community policing role” (Pollock, 2007). Both roles are very active in the United States although crime control is the major role of policing. The public service role goes hand in hand with community policing, where police are friends with people, mingling with them in the community and trying to make social peace. This mostly happens in such events as community watch meetings. The aim at making peace is primary. The goal is to abide by the code of police ethics and be ideal protectors of the people. Within this role a criminal is viewed as being someone from the neighborhood who has gone astray. Whereas the public service is more rights based and duty oriented. “Under the crime control role the police are seen as an army to fight crime and catch criminals no matter what it takes”(Kleinig, 2008). Criminals are viewed as enemies, and the police consider themselves as distinct from the people they serve. Within the departments corruption is tolerated and this brings us to police subculture. Subcultures are found in some form or another in almost every police agency in the world. It is of upmost important to note that police subcultures may contribute directly to unethical employee behaviors. Unlike probation and parole officers, who may work alone, police officers are heavily influenced by their peers. According to research “police subculture provides officers with rationalizations and motivations that allow them to engage in unprofessional behaviors” (Walker and Katz, 2008) however there have been attempts to eliminate the negative effects associated with the police subculture. Even though some officers are more established in the police subculture than others, much of the literature explains that it promotes attitudes that lead to suspicion and unethical behaviors among police. In the early seventies the Knapp Commission exposed unethical behavior and police corruption at almost every level within the New York Police Department (NYPD).” During these official proceedings, corrupt officers were considered to be either grass eaters or meat eaters”(Pollock, 2007). Grass eaters were officers who accepted tips but did not demand any of the services they received but on the other hand meat eaters aggressively demanded bribes in exchange for tips or favors. The Knapp Commission eventually found out that both these types of police officers corrupted the entire police department. This corruption is similar to the tarnished badge that occurred in Robeson County Sheriff’s Office a few years ago.
This too corrupted the department. In addition to accepting bribes or engaging in organized corruption, police officers may engage in other types of unethical behaviors during their shift. “Some research, for example, has shown that police officers engage in shameless sexual acts while on duty “(Barker & Carter, 1994). This may occur because police officers feel like they have a high degree of power and are not around their supervisors the majority of the time they are on duty. There has also been talk that some police officers have engaged in sexual activity while they were on duty. Finally there have also been some instances when other high-ranking officers have taken part in unethical acts such as sheriffs and chiefs of police. There are many types of unethical behaviors in which police officers engage besides sexual deviance. They consist of abusing sick time to brutality. Some law enforcement employees may sleep on duty when they are expected to be alert and ready for the next call. There are also officers who may expect businesses to provide them with free meals and coffee when they just mostly provide them with a 10% discount. There are also some instances when police officers are tempted to falsify reports and even commit perjury. All these are acts of unethical police behavior. It is important to note that many countries have police officers who have acted unethically and not just the US. “In fact, every country has had at least one type of instance in which police officers have acted unprofessionally” (Reichel, 2002). However unethical behavior may not be practiced but it happens and for simple things. For example, officers may overlook traffic violations for bribes as small as a drink. These examples illustrate that unethical employee behaviors exist in virtually every type of police organization worldwide.
IV. Ethics and the Courts
Although police officers certainly engage in unethical behaviors, practioners who work in the court also have the potential to act in an inappropriate or underhanded manner. This is because court personnel such as prosecutors, defense attorneys, and judges have optional powers. “When faced with ethical dilemmas, they can take decisions one way or the other, because moral obligations have a thin line” (Souryal, 2006). Some prosecutors, for example, may behave unethically. Prosecutors exercise a great deal of discretion as they decide which cases should go to trial and which should be dismissed. They must try to seek justice and not a conviction. However, sometimes they act out of personal reasons rather than justice. Some prosecutors treat their current jobs as a lead way to get a better paying job. This might compromise their undivided service to the public. Like prosecutors, defense attorneys also may have the potential to behave unethically. The job of a defense attorney is to ensure that defendants are not deprived of their due process rights. Their loyalty lies solely to their clients and not the public. At times, however, defense attorneys pursue this goal too eager to prove their defendants innocence. “At such a time, they should be careful not to encourage or allow perjury by their clients”(Kleinig, 2008). It is an important aspect for the attorney to have a good rapport with the client. This confidential and loyal relationship is important to ensure proper representation of a defendant. However, this confidentiality can be broken. Just as both prosecutors and defense attorneys have the potential to behave unethically, judges are also not immune to engaging in inappropriate behaviors. The most important ethical responsibility of a judge is to be impartial. Being impartial is vital as well as independence and integrity. Judges should also be accountable for their actions. Judges are to disqualify themselves from cases in which their impartiality may be questioned. Judges sometimes may be bias toward sponsoring certain programs and not others this creates an ethical issue. Whatever may be the situation and the case, judges are expected to be fair, just and impartial and to be equal to all, upholding the neutral position of a judge and behave in a manner that a judge should.
V. Ethics and Correctional Officers
Literature that addresses the types of unethical behaviors in which correctional officers engage is very limited but it does happen. However there are some studies that address this issue and one of the most common is excessive force that occurs in penal facilities. “According to Morris he portrays a classic depiction of abuse as he described the events that led up to the infamous 1980 New Mexico prison uprising (Morris, 1988). In this portrayal he describes the guards leading squads and designing a system to abuse offenders as a means of gaining control. As a correctional officer myself I can attest that there are still unethical behaviors taking place. Such as unnecessary abuse and extensive force and bulling the inmates with hope of getting by with it. However, the facilities have installed cameras which have decreased a lot of the unethical behavior but they have not completely diminished all of it. In addition to physical brutality toward inmates there have also been cases in which male and female guards have acted unethically by assaulting the inmates that they are getting paid to protect. There may be a perception that only low-ranking correctional employees are likely to act unethical but this is not truthfully because even prison administrators behave unethically with the inmates. It is not just sexually acts that occur but also unethical acts such as providing offenders with contraband. For example, tobacco products are sometimes brought into the prison by correctional officers along with cell phones and other items. This is certainly unethical behavior.
VI. Ethics and Probation and Parole Officers
Unfortunately unethical acts occur even in the field of probation and parole, where “employees are presumed to have one of the highest levels of education and job training” (Souryal, 2006). Probation and parole officers have the potential to engage in many different types of unnecessary outrageous behaviors. Some probation and parole officers, for example, may conduct personal business on state time. This can include anything from grocery shopping to getting a haircut while on duty. There are also “employees in community corrections who claim that they make field visits when the truth is they don’t” (Souryal, 2006). They may also discriminate against clients based on race, gender, or age. They may also engage in sexual deviance or sexual harassment while in the workplace or out in the field. Like police officers, prison guards, and court employees, probation and parole officers have the potential to behave unethically during the course of their careers.
VIII: Conclusion
In conclusion criminal justice professionals have been given a certain job to uphold. Taking in consideration that residents of a country give up certain liberties to be protected by the government, and criminal justice professionals are agents of the government. Those who specialize in justice are expected to have higher moral character, so that the common man can feel confident about the agents of the government that are protecting them. No matter what field of Criminal Justice they are in whether it is police officers, court personnel or correction officers they should uphold their position with integrity and pride. A Criminal justice employee should take in consideration that a sexual acts, harassment, tobacco products, excessive force, cell phone ,accepting bribes, doing favors for friends, taking care of person business while on duty such as getting a haircut, sleeping while on duty, nor anything else is worth losing your job or being part of an unethical act. In reality if you have went to school to get an education and have received excessive training ask youself : is this worth all the stress I have went through? A strict adherence to the ethical codes, an ethical leadership, and a pride in their professions and the spirit it upholds are important steps toward addressing this issue. Finally, all areas of criminal justice employees have taken part in an unethical behavior.

Works Cited Page
1. Albanese, J. S. (2008). Professional ethics in criminal justice: Being ethical when no one is looking. Boston: Pearson Education. Retrieved on February 10th 2017
2. Barker, T., & Carter, D. (1994). Police deviance (3rd ed.). Cincinnati, OH: Anderson. Retrieved on February 12th 2017
3. Close, D., & Meier, N. (2003). Morality in criminal justice: An introduction to ethics. Belmont, CA: Thompson Wadsworth. Retrieved on March 5th, 2017
4. Kleinig, J. (2008). Ethics and criminal justice: An introduction. Cambridge, UK: Cambridge University Press. Retrieved on March 5th 2017
5. Morris, R. (1988). The devil’s butcher shop: The New Mexico prison uprising. Albuquerque: University of New Mexico Press. Retrieved on February 15th, 2017
6. Pollock, J. M. (2007). Ethical dilemmas and decisions in criminal justice (5th ed.). Belmont, CA: Thompson Wadsworth. Retrieved on March 8th, 2017
7. Reichel, P. (2002). Comparative criminal justice systems (3rd ed.). Upper Saddle River, NJ: Prentice Hall. Retrieved on March 8th, 2017
8. Souryal, S. (2006). Ethics in criminal justice: In search of the truth (4th ed.). Cincinnati, OH: Anderson. Retrieved on March 6th, 2017
9. Walker, S., & Katz, C. M. (2008). The police in America: An introduction (6th ed.). New York: McGraw-Hill. Retrieved on March 8h, 2017

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