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Ethical challenges of the criminal justice system
Roles and responsibilities of a judge
Conclusion on ethics in criminal justice
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Recommended: Ethical challenges of the criminal justice system
The Final Verdict
The end result of the criminal justice system is the punishment handed down to a convicted criminal. Ethics are an important part of the decision making process for those parties involved in prosecuting and punishing suspected criminals. The aforementioned parties include agencies such as local police, federal law enforcement agencies, district attorneys' offices, and judges.
Local police and federal agents need to use ethical decision making skills when evaluating whether or not to pursue a case, or in what way to pursue it. They might take into consideration, for example, whether a suspect has a family and what his incarceration would do to the family; the suspect's economic situation, as it might affect his family; and the suspect's prior criminal history. Once the law enforcement official has evaluated all aspects of the case, he will determine whether or not to make an arrest, and if so then as to what is the arrest for. When the law enforcement agent has completed his investigation and made an arrest, the case is given to a prosecuting attorney.
Dependent upon whether the suspect has broken a state or federal statute, the case will either be given to a district attorney or an U.S. attorney's office. The prosecutor plays a large role in deciding what to charge the defendant with, and he also makes recommendations as to what punishment the state or federal government is seeking. A prosecutor might take into consideration that a defendant could be used as a witness in another case, and in turn offer to lower or even drop the charges against him in exchange for sworn testimony. The most difficult decision though that a prosecutor might face is that of deciding whether to pursue the death penalty in a case. The decision to seek the death penalty is largely decided upon by the prosecutor's personal beliefs, and the wishes of the administration for which he works. As soon as the prosecution decides on what course of action to take, the case is brought before the court system.
The party that must use the most ethics in the criminal justice system is the judge. The judge must act in an impartial manner when presiding of a case, and when making a verdict if the verdict is not coming from a jury. No personal feelings of the judge should be affecting the case, but if in some instance it does, then the judge should use ethical discretion and request to be removed from hearing that individual case.
Criminals can come in many different shapes and sizes. For example, a criminal can be classified as being a murderer or a criminal could just simply have committed fraud in a business setting. There is a large diversity of criminals and it is the judge’s job to determine what is a fair punishment for a guilty verdict. Judge Ron Swanson, a federal judge for the Florida District Court of Appeal, deals with using cost-benefit analysis daily to determine what is fair for everyone involved. Before becoming a judge, Judge Swanson was a prosecutor coming out of law school in the University of Florida. As a prosecutor and a judge, Judge Swanson has always worked to bring justice for the victims, the defendant if he or she is innocent, and for the citizens
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
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
“ ….Judgments, right or wrong. This concern with concepts such as finality, jurisdiction, and the balance of powers may sound technical, lawyerly, and highly abstract. But so is the criminal justice system….Law must provide simple answers: innocence or guilt, freedom or imprisonment, life or death.” (Baude, 21).
In closing, the criminal trial process has been able to reflect the morals and ethics of society to a great extent, despite the few limitations, which hinder its effectiveness. The moral and ethical standards have been effectively been reflected to a great extent in the areas of the adversary system, the system of appeals, legal aid and the jury
Most often than not, law enforcement agents use some techniques that may be regarded as morally right or wrong depending on the ethical framework from which one approaches such
Police officers often encounter situations where the decision to use discretion challenges the way and the type of job that officers would normally conduct. Each day an officer is on the job, discretion when it comes to job duties appears, sometimes without any warning. Officers constantly struggle with the appearance of discretion, and often times do not know how to handle the situation when it does appear. Discretion may take many different forms in the job duties, but it always involves the officer letting a crime “slide,” rather than questioning every suspicious person. Letting a crime “slide,” for certain offenders, is of great concern for the administrators of police departments, because there is potential for ethical issues to surface later on. This essay will examine police discretion, factors that influence discretion, whether exercising discretion is appropriate, and the concerns that administrators have when it comes to police using discretion in the field.
In the criminal justice system three major agencies can be identified, they are; the police, the courts, and the correctional institution. The police responsibilities are of that of keeping the peace, apprehension of criminals, combat and prevention of crime, and social services. Once officers have been involved and it is determined that a crime or any other infraction has been committed, then the case will move into the jurisdiction of the courts. The court system will then be responsible for the adjudication of the subject where then the correctional system will impose whatever punishment or treatment was deemed by the courts. Once the corrections systems have received an inmate, the punishment phase will commence, whether it is imprisonment, probation, or community based correction. The previously mentioned are the three mayor agencies that process a citizen who has committed a crime against the state law, as you can see, the process is similar to that of an assembly line one might find in a factory. All agencies are linked together as one for t...
The Criminal Justice System can be very rewarding because it deters crime, protects and minimize recidivism all while treating all Americans equally under the law (Department of Justice, 2013). The Criminal Justice System’s Administration is composed of three system components which collectively functions the Criminal Justice System if effectively enforced and monitored (The Criminal Justice System, 2008). The Criminal Justice Administration is composed of Police Officers, Public Defenders and other Legal occupant whose main job is to protect, serve and rehabilitate (The Criminal Justice System, 2008). When the Administration’s occupants become involved in corruption they become a conflict of interest. Conflicting Rewards can negatively impact the Criminal Justice Administration and the people it was created to serve when the primary goal becomes undesirable (Kirby, 2016).
Laws and procedures are the most common basis for officers choosing not to allow offenders to remain free based on their discretion, a study by Mendias and Kehoe (2006) has found. The study found that laws or responsibilities were the main reason for a decision to suspend discretion in eighty-two percent of cases involving an arrest. The study also found that keeping the peace and procedural implications were the primary justifications for ex...
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
A judge loses this power consider motive because all criminals of the same crime are viewed as equal. By restricting a judge’s discretion, it creates injustice within the courts. Actions are based on their motives and a judge should have the ability to consider it when making a decision that can greatly impact another individual’s life. Therefore, truth in sentencing and the equal justice perspective need the discretion of a judge to justly establish a fair sentence that accounts for all aspects of the individual and their
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
Police behavior is different across all communities. In fact, how police react to combat crime is affected by the management style of the various police administrators. Also, local politics will have a strong influence on how police react to crime. When police respond to a call, they will make a determination of the “cost and benefits” of their reaction. How they decide to intervene is based on the net gain to the neighborhood, suspect and the officer himself (Wilson, 1969). There have been several efforts to understand how police use discretion in their day-today operations. One of the difficulties in understanding police discretion, is when an officer makes a determination not to invoke the law, that decision is often not seen by anyone who would oversight over that officers decision, therefore that decision is usually not subject to review from any authority (Wilson, 1969). Police records are usually to incomplete to allow evaluation of non-enforcement decisions (Goldstein, 1960) Full enforcement of the law is not possible due to various reasons, a limitation of officer time, and a limitation of investigative devices. In some instances the police may choose not to enforce the law in order to allow a confidential informant to gather information on another suspect. This is an exchange relationship where both parties have the opportunity to gain so...
Society and the individuals that make them up can be complex and difficult to understand. Based on the first question, ethics is defined as the principles that govern the way people and the groups that make them up behave. So what would society be like if a single form of ethical behavior is assigned to the criminal justice system? My response would be that it is nearly impossible to judge every single human being by a single form of ethics. In truth, what would our criminal justice system look like if it became so one dimensional, it would change the way we view justice and the way, which it is practiced. The truth of the matter is that individuals are too different to judge based on a standard. You might have a person that is clearly innocent,