Criminal Justice Ethics Issues

Ethics issues in Criminal Justice

Introduction

The philosophy on which the American criminal justice system is based is evolving regarding criminal behavior, rehabilitation, and justice. This philosophy is based on ethical principles that dictate justice and shape the system in general (Banks, 2018). This essay presents a discussion on ethical issues in criminal justice by closely analyzing gender-related officer-inmate issues, reciprocity and its effects, correctional officer subculture and officer behavior, restorative justice processes (e.g., sentencing circles) and parties affected, issues surrounding "expert" testimony, and arguments for and against capital punishment.

1. Analyzing gender-related officer-inmate issues

Like every other department in the country, sexual misconduct is an ethical problem faced by the criminal justice system. In gender-related issues that involve an inmate and an officer, ethics require that there should be a strong internal investigative body that is independent of the superintendent or the warden (De Amicis, 2005). However, to ensure cases of sexual misconduct are avoided, every officer being employed in a criminal justice institution should be investigated to ensure they do not have a criminal background. Once hired, officers need to undergo a training process for ethical conduct. Every institution should have an established process for investigation and interview of the involved persons when a sexual misconduct complaint is made. The investigation is to be done by the internal affairs team and should include the inmate and the officer. An investigation is to be done to substantiate the charge or clear the accused. During the investigation, the inmate(s) must be notified that any false allegation will attract legal action.

2. Reciprocity and its effects

Reciprocity injustice is a common feature in the justice system, but in criminal justice, several ethical and moral issues ought to be addressed. First, in criminal wrong-doing, the damage that has been caused by the offender has to be considered. In so doing, the victim has to be involved in deciding how to deal with the offender. This critical event allows the victim to reverse feeling like humiliation and powerlessness that might result from the crime (Callender, 2020). For reciprocity to function as an aspect of justice, it must factor in fairness and legitimation of the obligations.

3. Correction officers subculture and officer behavior

Correction officers are commonly caught between a rock and a hard place when it comes to ethical issues and a subculture that determines the daily behavior of an officer. These subcultures can lead officers to engage in questionable behavior. Some of the ethical violations that arise from subculture include abuse of inmates, questionable and inappropriate financial dealing, and sexual abuse or inappropriate sexual relationships with prisoners (Jones, Ed & Carlson, 2001). These ethical issues arise, for example, when officers band together and consider prisoners as enemies. Additionally, viewing prisoners as voiceless and lower-class persons is a subculture that leads to sexual abuse of prisoners. In institutions were officers have a subculture of elevating some prisoners, then there is the possibility of inappropriate financial dealing. Unethical behavior will ultimately harm officers working conditions, work optimally, and general security within the facility. Officers who exhibit the correct ethical behavior are respected by fellow officers and inmates, use force wisely, and follow the spirit of the law in their work (Schmalleger & Smykla, 2012).

4. Restorative justice processes (e.g., sentencing circles) and parties affected

Restorative justice is a culturally-based process in which the parties involved discuss constructively how to bring about change. Justice processes can only be considered restorative only insofar as the involved parties consent to key values, e.g., respect, humility, honesty, accountability, mutual care, and trust (Zehr et al., 2015). The process and the values in restorative justice are inseparable, be it in conferencing, circle processes, community boards, and victim-surrogate programs. An example of restorative justice is the sentencing circles in Australia used in Indigenous Courts. Ethics require that impartial and competent facilitators guide these circles, be inclusive and collaborative, participate voluntarily, focus on needs, and show genuine respect for all, among others.

5. Issues surrounding "expert" testimony

When working with expert witnesses in criminal justice, there are many ethical issues to be addressed from locating, retaining, and dealing with them. In contacting an expert, the ethical issue to consider is discussing the case with a stranger who presents as a potential expert. In detailing the nature of fees, the ethical issue present is the layer may try to falsify evidence, offer an inducement to the witness, or cancel the witness towards testifying falsely (Lubet, 1998). It is an ethical misconduct for a lawyer to engage in fraud, misrepresentation, or dishonesty concerning expert witnesses.

6. Arguments for and against capital punishment

The debate on capital punishment often takes an ethical basis. The argument against capital punishment is that it is unethical and devalues human life. Abolitionists argue that everyone has an inalienable right to life. However, the counter-argument is that a person can, by their actions, forfeit the right to life. Capital punishment will lead, sooner or later, to the killing of innocent persons. Abolitionists argue that retribution, the concept held trough capital punishment is morally wrong in basis and practice (Meltsner, 2011). Capital punishment is considered ineffective in that it fails to deter persons from committing serious crimes. The concept of capital punishment by practice leads to the brutalizing of society in general. The practice of capital punishment is extreme and unnecessarily expensive. Capital punishment has seen the execution of persons who are not responsible for their criminal acts, e.g., mentally ill persons. Capital punishment can be abused and applied unfairly, thus damaging the cause of justice.