Ethics and professional conduct in criminal justice system stages

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.

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 in all stages (Civil Rights, 2014).

Safeguards for Enforcing Ethical Standards

The criminal system of justice, like any other professional organization, implements a code of ethics, which equips members with the most essential "standards of behavior and principles to be observed regarding their moral and professional obligation towards one another, their clients," and the community as a whole (the Legal Dictionary, 2014). The code of ethics acts as a guide from which members can make reference when faced with ethical dilemmas (the Legal Dictionary 2014). The code is also a useful ethical-enforcement tool as it provides the basis through which cases of violation and breach by members are punished (the Legal Dictionary, 2014).

Conclusion

The criminal justice system is one of the symbols of a nation's democracy. It, therefore, ought to be devised and structured in a manner that promotes ethical behavior and equal treatment of all. The costs associated with an unequal criminal justice system are far too great and stakeholders should work at developing safeguards that enforce fairness.