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Role of ethical decision making
Ethical issues in law enforcement
Role of ethical decision making
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In chapter two, the main purpose is described within the title, "The Importance of Ethics in Criminal Justice." Ethics are the moral principles that controls person's behavior or the conducting of an activity. While moral is the ability to know right and wrong behavior and/or good or bad. It is essential when dealing with criminals' rights that decisions must be made using morals and ethics. Chapter two focuses on how to know if the criminal justice personnel are acting ethically in mind of the individual's rights. The chapter explores the ethical issues that have arisen in the criminal justice system along with looking at normal behavior in these situations by individuals. The authors attempt to answer how we theorize when these occurrences
Banks, C. (2013). Criminal Justice Ethics: Theory and Practice, Edition 3. Thousand Oaks, CA: Sage Publications.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
During the course of our class we have encountered plenty of important topics and vital information that is essential to the field of the Criminal Justice system. Such as; Crime and justice including laws, Victimization and Criminal behavior, Laws, Police officers and Law enforcement and the criminal justice system in itself. These topics are daily situations yet individuals are oblivious to what's going on and that in it can be a major problem to the community. On that note this paper will express the ignorance and selfish values of twelve individuals by fully explaining the movie "Twelve Angry Men"
Cheeseman, K., San Miguel, C., Frantzen, D., & Nored, L. (2011). Everyday Ethics for the Criminal Justice Professional. Durham, NC: Carolina Academic Press.
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.
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).
Criminal justice as a socially constructed theoretical perspective by Kraska (2004) emphasizes the idea of emotions influencing criminal justice. In order to understand law-breaking we have to look at the process of how we defined behaviors as illegal as well as looking at the reactions of the criminal justice system. “It is not the quality of the act the person commits, but rather a consequence of the application by others of rules and sanctions to an offender” (Kraska, 2004) There are criminal justice actors that influence the definitions of criminal behavior which are police portraying the idea of the impossible mandate of curing crime, criminal statistics, and organizations working to maintain justice.
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The law is you commit a crime, you get arrested and go in front of a judge. The emotionalism perspective is then applied because people don’t get the same sentence as the last person did, even though they may have committed the same crime. The judge and sometimes a jury decide a persons fate and its plausible that the way they feel impacts their decision. This is one flaw I see in the criminal justice system. I personally believe that each crime should carry the same punishment. For example, a individual can steal a shirt from a store and get sentenced to 1 year probation and a different individual commit the same exact crime and only have to pay a fine. How is that just and fair? Duty ethics should be applied during these times because like
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.
This paper is intended to examine ethical issues in Criminological research and criminal justice. This paper will analyze the multitude of ethical concerns, as well as discuss the confidentiality requirements as it pertains to criminological research.
Bentham, Jeremy. "An Introduction to the Principles of Morals and Legislation." Jacoby, Joseph E. Classics of Criminology. Illinois: Waveland Press, INC, 2004. 105-109.
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.