Investigators and prosecutors are constantly faced with several ethical dilemmas while executing their duties, which usually put them at a position whereby they have to make critical decisions in order to avoid a lot of public scrutiny. Some of these dilemmas include administrative discretion and nepotism. First, investigators and administrators have to maintain the highest levels of discretion while making decisions regarding particular cases (Padfield & Gelsthorpe, 2012). The question that many people, therefore, ask is whether these decisions are justified or not. Because they have to ensure success and maintain their reputation, these people when faced with dilemmas have to choose between two equally unfavorable options. As Pollock (2011) emphasizes, this task is very challenging. According to the Commonwealth Association for Public Administration & Management (CAPAM) (2010), the rules and regulations give investigators and prosecutors the opportunity to use their own discretion to make a decision regarding a problem at hand. However, despite the choice made, the problem is that it may be accepted only by a small section of the society. Because exercising discretion is often made on the basis of personal judgment, the society might take this as a corrupt practice. Some people might believe that the choice was made based on personal preference, affiliation to a particular group, or even personal aggrandizement (CAPAM, 2010). Another ethical dilemma that investigators and prosecutors face is nepotism. This concept is described by CAPAM (2010) as a practice where individuals make decisions to the favor of close relatives, friends, and other close people, which usually downgrade the quality of public service. In other words, when ... ... middle of paper ... ...judges and prosecutors saw it as a benefit to the public good, they went ahead to indict the governor. One ethical action that may not be taken, however, is to use the rotten apple hypothesis common in the criminal justice system. According to the assumptions of this concept described by Doss et al. (2013), because several officials have been found guilty of corruption and other crimes, it would also qualify for the governor to also be a ‘rotten apple.’ The advantage of taking the ethical actions in both cases is that it would guarantee justice to both the accused and the victims or the public. The disadvantage, however, is that if there were ethical dilemmas and the prosecutors, investigators, and judges used discretionary measures, it would not be clear whether the officials were guilty or not. In fact, the criminal justice system is subject to flaws and errors.
In society we will always faces ethical and unethical choices. There are time when we cannot always chose the ethical approach. Other decisions primarily only affect us as individuals. However, when you are in the public eye such as police officer your decisions affect others. In this paper the discussion will be based on the Kansas City case study.
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.
Abortion has been a political, social, and personal topic for many years now. The woman’s right to choose has become a law that is still debated, argued and fought over, even though it has been passed. This paper will examine a specific example where abortion is encouraged, identify the Christian world views beliefs and resolution as well as the consequences of such, and compare them with another option.
In this essay, I will examine the ethical issues surrounding police corruption and discretion in the criminal justice system. I will also define legality and equity and how they relate to police corruption and discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years. Police corruption weakens the public 's confidence in law enforcement officers. It also hinders the effectiveness of law enforcement officers whose job is to serve and protect. I will also define police corruption and discretion and the reasons behind police misconduct.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
Reaching epidemic proportions and spreading like a disease, prosecutorial misconduct has cut across geographic and socio-economic areas with the effect of infecting the criminal justice system (Lawless, 2008). Prosecutorial misconduct takes place when a prosecutor breaks the law or code of professional ethics during the prosecution stage. Legal and ethical violations can weaken the conformity to the law and rules that are to be followed within the criminal justice system (Cromwell, P. F., Dunham, R. G., & Palacios, W. R., 1997). In this paper, existing research focused on factors related to prosecutorial misconduct will be presented. This paper will also examine potential remedies that exist to confront prosecutorial misconduct.
The case study that will be focused in this essay, will be the case Published by UC Berkley School of law. A Judge received a public reprimand for “friending” an attorney during a trail. This case was an interesting case, at first the thought of a judge becoming friends with an attorney did not spark any form of controversy in my mind at first. Yet, the text presents us with norms in terms of conduct. These norms are Independence, Impartiality, Integrity, and accountability.
On April 24th, 2014, one simple recording released by TMZ made Donald Sterling, owner of the NBA’s Los Angeles Clippers, the most hated man in America. In this recording, Sterling ranted over the fact how he did not want V. Stiviano, his partner, to be affiliated with any African Americans. As a result of his racist statements, fans, athletes, and sports organizations/members, voiced their opinions on the matter, flourishing social media. Many star players such as LeBron James, Michael Jordan, Magic Johnson, and a majority the Clippers players acknowledged that something had to be done, and that the NBA is no place for racism. In the end, after team owners took a vote, NBA commissioner Adam Silver held a press conference enlightening the public
In law enforcement, discretion is left up to each police officer to make responsible and reasonable decisions on situations while in the field. A police officer will have no choice but to use discretion in certain situations and make decisions on what type of force or punishment is necessary for the situations. Many people in the society always believe that police officers can make any decision they wish to at any time while working. This is very wrong because there are situations whereby a police officer or even the chief of police has no other choice, but to follow the law in making decisions. The role of the police administrator is double challenging because, he/she must determine how best to use discretion as well as encourage or dissuade discretion by subordinate members ...
Prosecutors, without doubt, are the most powerful and influential decision makers in the criminal justice system. The decisions they make on who will be charged with a crime or whether to accept a case at all, which charges to file, and various other vital decisions. When it comes to making these decisions, prosecutors possess the power to exercise their discretion at their choice without many limitations. Prosecutors, without doubt, are the most powerful and influential decision makers in the criminal justice system. The decisions they make on who will be charged with a crime or whether to accept a case at all, which charges to file, and various other vital decisions. When it comes to making these decisions, prosecutors possess the power to exercise their discretion at their choice without many limitations. In some cases, determining between life and death. While it is important that an individual in a position that has vast knowledge of the criminal justice system, such as a prosecutor, be able to make these decisions without bias or malicious intent. I do believe that too much of that
In the following case, Luke is involved in a very perplexing conflict, or Ethical dilemma. This situation is an Ethical dilemma, and not just a regular “everyday” problem, because to Luke there might not be an obvious answer. He can also be thinking that both choices, keeping his commitments of confidentiality and telling his brother, Owen, are both correct things to do. If Luke tells his brother about the project, then he might concur with a theory known as Breach of confidentiality. “Breach of confidentiality occurs when someone gives away information that was supposed to be kept private.” (GENB4350 Online Lecture, Ethical Reasoning 1). By Luke breaching information that is supposed to be kept secret, he will betray the trust of his company
In this assignment we will be identifying an ethical dilemma an individual has experienced. We will begin with a short introduction of what an ethical dilemma is, moving on to providing brief details of the dilemma an individual has experienced. We will then go on to selecting one ethical theory, to show how it can help an individual understand and deal with the situation when placed within, followed by a conclusion.
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).
It is important to keep in mind that not all police officers are bad, just like not all accountants or lawyers are bad. Police officers have constant contact with all kinds of individuals and with the opportunities that are available; corruption is one type of fraud that police officers may commit. Bribery is a type of corruption, which is stated as “public officials and private persons, respectively, abusing entrusted power for personal gain”(Boles, 2014). In other words bribery can also be described as conjuring a payment to an individual so that the paying party has some unfair advantage (Rohlfsen, 2012). This essay is going to focus on cases of police officers that have accepted bribes to protect illegal operations such solicitation and prostitution in the United
Everyone in this world has experienced an ethical dilemma in different situations and this may arise between one or more individuals. Ethical dilemma is a situation where people have to make complex decisions and are influenced based on personal interest, social environment or norms, and religious beliefs (“Strategic Leadership”, n.d.). The leaders and managers in the company should set guidelines to ensure employees are aware and have a better chance to solve and make ethical decisions. Employees are also responsible in understanding their ethical obligations in order to maintain a positive work environment. The purpose of this case study is to identify the dilemma and analyze different decisions to find ways on how a person should act