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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,...…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…
References
Banks, C. (2018). Criminal justice ethics: Theory and practice. Sage Publications.
Callender, J. S. (2020). Justice, Reciprocity, and the Internalisation of Punishment in Victims of Crime. Neuroethics, 13(1), 43-54.
De Amicis, A. (2005). An ethical dilemma in corrections. American Jails, 19(5), 82.
Jones, J. R., Ed, M., & Carlson, D. P. (2001). Reputable conduct: Ethical issues in policing and corrections. Prentice-Hall.
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