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Why criminal justice professionals should study ethics
Ethical issues in law enforcement
Ethical issues in law enforcement
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Why the “Reasonable Man/Police Officer” Test and Deterrence? Within the United State Supreme Court many tools are utilized to determine the final outcomes of cases. One of these tools is known as the “reasonable man/police officer” test. When it comes to keeping individuals out of the criminal justice system, the theory of deterrence is practiced. In this paper I will be discussing the importance of the “reasonable man/police officer” test and why it is used in the U.S. Supreme Court. I will also be discussing the importance of deterrence in our criminal justice system. Each of these two topics include different aspects that have to be recognized first in order to understand the overall concept. I will explain each topic, give an answer on why I agree and disagree and also provide supportive evidence for each of my points of view. The “Reasonable Man/Police Officer” Test The “reasonable man/police officer” test is an important tool used in the U.S Supreme Court system. …show more content…
(2016). Lesson 3: Ethical Perspectives. In Professionalism & Ethics in CJ: Spring 2016. Retrieved from https://blackboard.angelo.edu/webapps/blackboard/content/listContent.jsp?course_id=_41777_1&content_id=_1130294_1 Cheeseman, K., San Miguel, C., Frantzen, D., & Nored, L. (2011). Everyday Ethics for the Criminal Justice Professional. Durham, NC: Carolina Academic Press. Deady, C. W. (2014, March). Incarceration and Recidivism: Lessons From Abroad. Retrieved from http://www.salve.edu/sites/default/files/filesfield/documents/Incarceration_and_Recidivism.pdf De Luca, H., & Miller, T. J. (1991). Punishment vs. rehabilitation: A proposal for revising sentencing practices. Federal Probation, 55(3), 37. Gilna, D. (2014, May 19). Report: Increase in Federal Prison Population, Overcrowding. Prison Legal News. Retrieved February 20, 2016, from
Roach, K. (2000). Changing punishment at the turn of the century: Restorative justice on the rise. Canadian Journal of Criminology. 42, (2), 249-280.
Globokar, J. L. (2017). The Politics of Punishment: A study of the Passage of the 1925 Federal Probation Act. Journal of Offender Rehabilitation, 56(8),
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
Raymond T. Bye describes the basis for the theory of deterrence in the idea that the privilege to live and therefore an individual’s life is the most sacred and only thing any human really owns. Because of this, threatening an individual with the consequence of death will cause them to decide not to engage in the criminal activity. There is a spectrum of consequences that individuals mentally process for...
Radelet, Michael L., and Ronald L. Akers. "Deterrence And The Death Penalty: the Views Of The Experts[*]." Journal of Criminal Law & Criminology 87.1 (1996): 1. Academic Search Premier. EBSCO. Web. 28 Feb. 2011.
Frantz, Michael. “Federal Prison Overcrowding-Costs, Reasons, and Alternatives!” PRLog. N.a., 12 Oct. 2011. Web. 18 Nov. 2013.
As stated in the textbook, police often have to make decisions on their own, with only their moral compass to guide them. Most ethical dilemmas that police officers face derive from their powers of discretion. Moral dilemmas that police officers face are often frequent and unavoidable. They are often unpopular with many people, resolved quickly, and are often dealt with alone.
Tonry, Michael and Kathleen Hatlestad, Eds. Sentencing Reform in Overcrowded Times. New York: Oxford University Press, 1997. Print.
There is an ongoing debate on the effectiveness of the deterrence doctrine. The deterrence doctrine is dated back to its origins in the 18th century, known to be the Age of Enlightenment. During the 1700s to 1800s, the Classical School of Criminology became the focal point as it commenced to force attention on the “cruel” justice system. The two most influential scholars who have elaborated along the idea of deterrence are Cesare Beccaria and Jeremy Bentham. Beccaria, known as the father of classical criminology, believed that people are “being motivated by the pursuit of pleasure and trying to avoid being in pain” (Owen et al., 2012, p. 132). The classical criminology is primarily founded on the notion of liberal volition. That is to say that
The increased growth of probationers has placed a strain on the workload of probation officers throughout time creating a less personal approach to community corrections (Still et. al., 2016). A revamping, restructuring, as well as revision of the revenue allotted to community corrections, is required to allow for an increased success rate of probation. As noted earlier in my response, the majority of offenders within the United States are assigned to community corrections shifting away from incarceration. This shift is setting the stage for an opportunity to revise the way probation and parole are handled to allow for an increased success rate of reform through the use of proven effective rehabilitation strategies similar to those used by John Augustus.
The American prison system has long touted the principal of deterrence – meaning that crime can be controlled by giving very harsh sentences to those who are caught, hoping that future crimes will be avoided because a would be perpetrator sees and fears what the potential punishment of following through with such an act might be. The idea that a single person’s punishment is going to keep others from committing a crime a key argument for our system of crime and punishment. This paper is going to focus on this currently failing policy of deterrence, examining its true nature, and then discuss its place, if any, that it has in our law enforcement system.
Throughout this paper, one will obtain a better understanding of the correctional system and how it is an important aspect of the criminal justice system. Therefore, the history of corrections, their mission statement, and sentencing goals will be briefly discussed. In the correctional system, there are different alternatives to imprisonment, such as probation, parole, and intermediate sanctions. I believe that parole makes a significant impact on the criminal justice system because it gives inmates who have already served time and shown good behavior the opportunity to be released early from prison. For example, there are two primary models of parole. First, the parole board grants a prisoner their parole based on their judgement
Banks, Cyndi. Criminal Justice Ethics: Theory and Practice. 3rd ed. Thousand Oaks: Sage, 2009. Print.
Numerous state sentencing acts outline rehabilitation as a key purpose of sentencing. The Sentencing Act 1977 (TAS) articulates that the purpose of the act is to not only help prevent crime, but to encourage respect for the law by permitting courts to impose sentences designed for the rehabilitation of the offender (Australian Law Reform Commission, 2010, 1/10). ¬¬¬It is assumed that there is a handful of evidence that suggests without rehabilitation, incarceration may consequently amplify rates of reoffending. Studies have attested that some amount of rehabilitative treatment is more capable of minimising the risk reoffending compared to no treatment (Graham, 2012, 5-10). In association to this Hanson and Bussiere (1998) reported that offenders who did not undertake rehabilitative treatment prove to have higher rates of re-offending than those who underwent treatment. Thus, it is evident that rehabilitation plays a major role in protecting the community from offenders through its aim to prevent re-offending, further constituting as a standing disincentive to