Utilitarian and deontological ethics in criminal justice policy

Criminal Justice Ethics Journals

Journal 1: "Prosecutor Taking Over Justice Ethics Unit," CBS News

The replacement of the head of the internal ethics unit in the U.S. Department of Justice came just one day after a criminal investigation was ordered into the department's handling of the Ted Steven's prosecution. In some ways, this move could be seen as an attempt at restoring the ethics of the department. However, it seems to me that this is more an attempt to mask the problems and possibly even obfuscate the investigation by changing leadership and making direct access to information more difficult. Even if this is the case, though, it would not matter from a utilitarian point-of-view. The person being placed at the head of the ethics department has an impeccable ethical record herself, so regardless of the reasons for her appointment at this time the results will have a definite benefit in the world of justice, rendering it an ethical move.

Journal 2: "Many immigrants deported for nonviolent crimes," LA Times

This article describes the stepped up efforts by the U.S. federal government in arresting and deporting illegal immigrants that have committed non-violent crimes, despite repeated assertions that they are only after violent criminals. Though there is something to be said for upholding the law of the land in deporting any illegal immigrants, ethics demands a proper allocation of limited resources. There are certainly many more pressing issues requiring federal attention, notably national security at ports and airports. A utilitarian view would agree with my personal feelings on this issue; non-violent immigrants, legal or otherwise, pose little threat to the population, and deportation certainly is not good for the immigrants, either.

Journal 3: "Mayor Bloomberg and the Economics of Violent Crime," Wall Street Journal

Mayor Bloomberg recently challenged the commonly held belief the poor economic times leads to a rise in crime. An actual analysis of crime rates shows a strong correlation between rising unemployment rates and an increase in incidence of property crimes, but no such relationship exists when it comes to violent crimes. This becomes an ethical issue when strategies are developed to combat crime; focusing attention on low-income areas and those at risk for higher unemployment could amount to a type of persecution. I find this somewhat morally repugnant, and yet to provide the greatest good with limited resources it is necessary to use all of the information available. Knowing what types of crime will be on the increase and in what areas they are likely to be occurring allows law enforcement to make more efficient decisions.

Journal 4: "Trial set to begin in slaying of transgender woman," Associated Press

The tragic slaying of a transgendered woman is about to undergo prosecution, and an extra penalty for the murder being a bias-motivated crime is being considered. Such enhancements are not new, but they have always been ethically questionable. Deontologically speaking, the act of murder was made more heinous because it was motivated by such a base impulse. But our legal system is largely built on the pragmatism of utilitarian ethics, and from this point-of-view sentencing enhancements do not make ethical sense. I personally disagree with sentencing enhancements; the act is bad enough for what it is, and it is not the government's job to regulate thought or judge the correctness of any belief, no matter how discriminatory -- it is only action that can be prosecuted.

Journal 7: "Crime in black communities explored," Louisville Courier-Journal

Among the many issues explored in this article, the relationship between education and rates of criminality among African-Americans are examined. This impacts the effectiveness of ethics in criminal justice in general; it has been argued that no justice can truly occur when injustices -- especially racial ones -- are built into society itself. There is a great deal of truth to this belief, though there is little that law enforcement and criminal justice practitioners can do on a day-to-day basis to change the situation. Remaining wary of allowing bias to taint judgment is, as always, a necessary safeguard. But at the same time, no unfairness built into the system can be used to excuse individual acts of criminality -- each individual criminal was in possession of a free will at the time of their actions, and every victim was violated regardless of larger societal issues. According to Kantian deontology, what is wrong in one situation must be wrong in any situation, and this is the only fair way to apply the law.

Journal 8: "Hate crime charges filed in school attack," Seattle Post-Intelligencer

Four white teenage boys have been charged with a hate crime in the harassment of a black schoolmate and neighbor of one of the boys. Though the harassment was purely verbal, it was of a clearly racial nature. In addition, violence was threatened and perhaps attempted. Yet my earlier stance on hate crime enhancements being unethical still stands. The boys should be prosecuted for their actions, and harassment of another student should carry harsh consequences. Likewise, had any assault occurred, the boys should have been prosecuted for that. Kantian ethics can also apply here on an even finer level: what is wrong in one situation must be the same degree of wrong in another -- harassment is harassment, regardless of the motive.