Criminal Justice System: Ethics in Criminal Procedure

Criminal Justice System: Ethics in Criminal Procedure Ethics refers to the principles of morality that govern an individual's behavior. Ethics, therefore, provides the basis through which an individual defines, and distinguishes between the good and the bad. This implies that it is ethics that provides the framework for the duties and responsibilities an individual owes to himself, and to the community. Today, ethics define how corporations, professionals, and individuals relate with one another.

Within the criminal justice system, ethics refers to the standards that govern the conduct of persons working within the criminal justice system (Kleinig, 2008). It defines the professionalism of prison guards, judges, attorneys, prosecutors, and police officers (Kleinig, 2008). The Process of the Criminal Justice System There are ten stages involved in the criminal justice system; initial contact, investigation, arrest, custody, indictment, detention/bail, plea bargaining, adjudication, disposition, and post convict remedies (the Legal Dictionary, 2014).

Initial contact involves observation and awareness; an officer is made aware of a criminal activity (the Legal Dictionary, 2014). Investigation involves acquiring facts that are relevant to the case, with the aim of identifying the real offender (the Legal Dictionary, 2014). Arrest marks the beginning of custody; a legal arrest is made when the evidence at hand is sufficient. Custody follows arrest, and involves fingerprinting, photographing and interrogation (the Legal Dictionary, 2014).

Indictment is the presentation before a jury, which then determines whether or not to grant bail to the suspect (the Legal Dictionary, 2014). Plea-bargaining takes the form of a meeting between the prosecutor and the suspect aimed at reaching out-of-court settlements (the Legal Dictionary, 2014). An unsuccessful plea-bargain results in adjudication, in which the guilt or innocence of the suspect is determined. Disposition is the sentencing of a suspect who has been found guilty - it can be challenged through post conviction remedies such as appeals (the Legal Dictionary, 2014).

Ethics within the criminal justice system is aimed at guiding the conduct of officers in all the stages of this process to ensure justice is served, and all suspects are treated equally. How Ethics in Real Life Differs from Ethics in Law The law influences the conduct of professionals, like any other individual. However, the courts are not often used in the settlement of real life ethical issues (Kleinig, 2008).

In fact, "the ethics of a particular act is many times determined independent of the legality of the conduct" (the Legal Dictionary, 2014). It is possible, therefore, for the law to permit an action that does not meet ethical standards. The law, for instance, permits actions such as disloyalty towards relatives, which under ethical valuation would be considered unethical (the Legal dictionary, 2014). This deviation between real life and law ethics gives rise to the ethical dilemmas police officers, judges and other parties within the criminal justice system face (Kleinig, 2008).

Deception, for instance, is considered highly unethical. Police officers may, however, use tactics that are deceptive in nature during tough investigations. Such tactics could include the use hidden devices, unmarked police vehicles, undercover officers, to mention but a few (Kleinig, 2008). Although this kind of deception may be permitted by law, it goes against the standards of societal and professional ethics (the Legal Dictionary, 2014).

The Role of Fairness within the Criminal Justice System Fairness translates to the fair treatment of all individuals regardless of their race, gender, age, religion, or nationality (Civil Rights, 2014). The criminal justice system has often been accused of discrimination, especially against minority groups (Civil Right, 2014). The use of racially-skewed apprehension practices and unfair sentencing practices are some of the key accusations levied against the system (Civil Rights, 2014). The criminal justice system is a national institution and, therefore, has a duty to treat all people fairly and equally (Civil Rights, 2014).

Unequal treatment of persons has a number of drawbacks. First, the public loses confidence in the justice system, and the levels of trust and willingness to cooperate begin to dwindle (Civil Rights, 2014). This could be dangerous, especially because the criminal justice system largely relies on public participation and cooperation. A second drawback is; such unequal treatment has the tendency to create a vicious circle of crime, such that the society begins to associate all members of the unequally-treated group with crime (Civil Rights, 2014).

This would eventually lead to misunderstandings and affect the levels of togetherness, which plays a vital role in both individual and communal development. The criminal justice system is one of the democratic pillars of any country. However, it can only remain viable if the public remains confident that individuals are treated equally.