Ethical dilemmas in criminal justice systems

Criminal Justice

Ethical Dilemmas In Criminal Justice

Ethical dilemmas permeate almost all organizations globally. Members of an organization often find themselves in challenging situations that require the adoption of the most effective solution that meet the needs of the conflicting parties or situations. One of the organizations that often face the challenge of ethical dilemmas is the criminal justice organization. The criminal justice organizations have been known to perform activities that ensure safety of the population. Most of the ethical dilemmas focus on decisions that organizations can adopt with the aim of fostering the safety of the victims, convict, and the society. Significant evidence shows that ethics play a significant role in an organization. It ensures the recognition of the rights and freedom of the individual alongside prioritizing the safety of individuals in the society (Roberson & Mire, 2010).

Therefore, this research paper analyzes different ethical issues that face the criminal justice organizations. It bases its analysis on different case studies with different conditions to examine the ways that ethical dilemmas affect the functioning and decision-making among criminal justice personnel. In specific, the analysis describes the ethical and/or moral question in each of the cases alongside describing the motivation behind the action and the potential consequences of adopting an option. In addition, it provides analysis of the decisions the actors in the case study should adopt to ensure equity for those involved in the process alongside the ethical basis for the decision adopted for each of the case. The analysis utilizes the use of a wide array of research materials to illuminate the light into the ethical dilemmas that face the criminal justice organizations.

The Parole Board

The case presented shows that Robert the prison warden faces the challenge of making decisions on the best applicable method of reducing overcrowding in the prisons of the state. The overcrowding has raised concerns among the legal advocates who are threatening to push for the correction of the legal system to ease the present overcrowding. The overcrowding in the prisons raises the moral or ethical question of the health implications of overcrowding to the prisoners. In addition, the overcrowding raises the moral question among the legal systems on the actions adopted to curb the increasing population of the prisoners. The chair of the prison board is in the dilemma of making decisions that favor either the advocates or the prison agency. In specific, the chair can either broaden the eligibility of parole to increase the number of inmates released to the community for community-based supervision. However, the chair faces the challenge of the possibility of the released prisoners becoming more offensive after their release for community supervision. As such, this shows that the chair of the prisons has the ethical challenge of making sound decisions that would see a reduction in the present overcrowding in the prisons of the state. The overcrowding raises the moral question relating to the effects of the overcrowding to the prisoners. In addition, it raises the moral question of the effectiveness of broadening the eligibility of parole (Roberson & Mire, 2010).

The case shows different factors acting as driving forces towards the adoption of the conflicting options to reduce the overcrowding in the prisons. One of the key motivation for the need for the adoption of strategies to reduce the over population in the prisons is overcrowding in the federal prisons. The overcrowding has caused the ethical dilemma of broadening the parole system allowing many inmates to be released to the community prematurely. Adopting the decision to broaden the parole system has positive and negative effects to the prisons departments and society as a whole. Broadening the parole eligibility will increase the number of inmates released for the community supervision; hence, reducing overcrowding and avoiding the Federal suits. On the other hand, it is highly expected that the released inmates will be aggressive in the society with massive violation of the legal regulations. As such, this will increase the number of inmates arrested due to the violation of the Federal law; hence, increasing the number of inmates in the prisons further (Hudson, 2003).

I believe the actor should consider increasing the accommodation available for the inmates rather than broadening the eligibility of the parole criteria. However, achieving this cannot be achieved within a short time. As such, other strategies should be embraced to reduce the overcrowding witnessed in the prisons of this state. Among the short-term actions adoptable by the criminal justice agency is considering transferring the excess inmates to the neighboring federal prisons to ease the overcrowding in the prisons. The success of the process will entail adopting collaborative strategies between the involved stakeholders, including the legal representatives and the government agencies to ensure transparency. In addition, establishing additional structures to increase the accommodation of the federal prisons will entail lobbying for financial support from the government of the state. Despite its long-term nature, the option will reduce the current and future occurrence of overcrowding in the prisons of the state. Increasing accommodation also encompasses releasing the inmates who have served in the prisons for a long time and have shown a change in their behaviors over time.

Adopting the above decision will have a number of benefits to the prisons department and the society. First, increasing the accommodation available in the prisons will reduce the current and future incidences of overcrowding of the prisoners. It will reduce future incidences of legal suits against the prisons department. In addition, considering increasing the accommodation of the prisons will reduce the likelihood of the changing of the eligibility of the parole system within the state. As such, the inmates under community surveillance will not engage in activities that violate the federal laws; hence, the maintenance of the harmony of the society. The criminal justice agencies are dedicated to ensuring safety and justice in the society. Therefore, increasing the accommodation within the state's prisons will ensure social justice and safety through the reduction in acts that translate to violation of the Federal laws. Like other organizations, the criminal justice organizations that include the prisons should uphold their public trust. Upholding the public trust entails ensuring that the agency safeguards the interests of the population and the provision of conditions that does not violate the rights and freedom of the inmates.

The warden

The case focuses on William the warden who is faced with numerous challenges, including inadequate staffing, increasing population of the inmates, insecurity to the inmates and the officers, and inadequate funding from the responsible agencies. The increasing population of the inmates in the prison raises the ethical question concerning its health implications to the inmates and the officers working in a correctional facility. The lack of congruence in the number of the officers to the inmate population raises the risks of the officers being threatened by the inmates. The consequences officers' absenteeism of the, resigning, demotivation and low job satisfaction is likely to affect the management of operations within the facility. The lack of screening and risk assessment facilities for the inmates released for the community surveillance programs raises the questions concerning the dedication of the correctional facility to ensuring the safety of the members of the society (Hudson, 2003).

It is more likely that the lack of risk assessment and proper screening in the correctional facility will increase the likelihood of the release of inmates considered a threat to society. The release of inmates at risk of violating the federal laws and other people's rights because of inadequate screening and risk assessment violates the ethical commitment in the correctional facility. One of the key ways that William must present to the union representatives relates to providing training opportunities for enhancing their skills, knowledge, and competencies in security management. Training empowers them to embrace appropriate behaviors that aim at reducing incidences of insecurity within the facility. In addition, training encompasses equipping them with the essential knowledge and skills on risk assessment and screening of the inmates released into the community for surveillance programs. Such interventions will contribute to the release of appropriate inmates to the community surveillance program and reduce the incidences of violation of the state's laws by the inmates. Training also enhances their personal and professional growth (Roberson & Mire, 2010).

In addition, William can ensure the safety of the wardens by increasing the staff-inmate ratio. Increasing the staff-inmate ratio provides enhanced security as it reduces the risks of their threatening from the inmates alongside promoting the reinforcement of the stated policies that ensure their safety. However, the success of the process relies on the recruitment of additional officers that are only achievable with increasing funds provided to the correctional facility. William needs to recruit officers who are qualified (security and disaster management) to allow the incorporation of the desired practices to the present team. The safety of the team members not only encompasses physical safety, but also their psychological well-being. The present environment predisposes the wardens to psychological trauma due to the stressors present in their working environment. For example, they receive little remuneration that does not gather for their daily needs alongside he poor working conditions. This affects their job morale and their psychological well-being. Therefore, William should consider providing his team members with better working environment alongside motivating agents such as remuneration to ensure their mental well-being (Hudson, 2003).

The present status of the correctional facility is undesirable as it is characterized with overpopulation, scarcity of the basic resources, and demotivated staff. As such, William, should focus on lobbying for strategies that aim at preventing further increase in the number of inmates. Such strategies include presenting the actual statistics to the involved stakeholders to ensure the reduction of the number of the inmates sent to a correctional facility. Alternatively, William should adopt strategies that aim at minimizing the movement of the inmates within the facility. Reducing the movement will result in an increase, in the surveillance of the inmates and early detection of undesired behaviors that might jeopardize the safety of the wardens in the facility. In addition, William should consider providing frequent medical checkup and counseling services to his staff. These services promote early identification of health problems that might affect the productivity and safety of the staff members (Roberson & Mire, 2010).

The District Attorney

The case study presents the Martha's decision to act in manners that promote a reduction in the cases of drug trafficking and prison sentences for convicted individuals in the city. Martha faces a significant challenge of complying with her political pledges. She was primarily elected because she promised for better bargaining and reduction of the prison sentence for individuals convicted for drug trafficking and use. However, the recent past has witnessed a significant increase in the cases of arrests and criminal cases associated with drug trafficking. The prosecution has failed to obtain substantial evidence that links them to their crimes leading to weakness of most of the cases. Among the effective strategies Martha should give to the chief of staff on the ways of handling the cases of drug, trafficking is ensuring proper investigation of the cases before trial to acquire substantial evidence to link suspects to their crime. In specific, proper investigation of the crimes, depend on the adoption of proactive strategies such as providing training opportunities to the police officers and proper handling of the evidence obtained at the scene of the crime.

While the current system of convicting the suspects of drug abuse uses the relative standard procedures, Martha should consider improving the scope of the trial by improving the ways in which the different security agencies work collaboratively to enhance their effectiveness and efficiency. The improvement in trials should focus on transforming the ways in which the agencies involved prepare for court trials, collaborating with the local criminal justice board and a third sector body to provide proper trials to the suspects. In addition, Martha should also consider creating justice centers across the state for the witnesses, victims, and the wider community. The justice centers will facilitate the acquisition of adequate evidence to link the suspects and their cases. In addition, Martha should consider employing strategies that aim at providing protection to the witnesses to ensure credibility and strength of the cases.

Martha should also consider providing adequate time for investigation into cases to be conducted. Allocating adequate time ensures collection of adequate information related to the cases; hence, the credibility and reduction in the cases of drug trafficking in the state. Aside from this, she should also introduce supervision of the suspects with weak cases after their release. Such efforts will promote early identification and management of undesired behaviors that might predispose the members of the society to violate the state's laws. The victims should also be allowed to bargain for their plea before conviction. Such actions will facilitate the acquisition of critical information that facilitates effective decision-making basing on the outcome of the legal process. Reducing the prison sentences should also be considered to ensure that she upholds her political promises. However, the basis of reducing the sentence for the convicted should focus on the behavior of the convict while in prison since it will indicate the possibilities for convict's future aggression (Roberson & Mire, 2010).

Setting out clear objectives of the adopted strategies to reduce drug trafficking and abuse in the city will promote the handling of cases by the criminal justice agency. Clarity in the objectives of the adopted strategies fosters the prioritization of the available resources in activities perceived as the key contributors to the increasing cases of drug abuse within the city. Moreover, Martha should consider developing strategies that aim at investigating the causes and contributing factors to the increasing cases of drug trafficking and abuse. Identifying the causes and predisposing factors allow the criminal justice agencies to develop proactive approaches to prevent and manage their occurrence.

The officer

The case presents Linda a police officer in a dilemma of responding to the dispatcher or arresting the suspect having cocaine without identity. Linda is faced with the dilemma of arresting this suspect or leaving him to attend the request from the dispatcher. Organizational factors such as increasing rates of criminal cases associated with drug abuse, trafficking, and lack of adequate support for the fight against drug trafficking complex the dilemma facing Linda. Linda's dilemma influences the consequences of the decision adopted in this situation. For example, if she arrests the suspect, she faces the challenge of being criticized by her boss since he considers such arrest minor and a waste of time. In addition, a sharp increase in the cases of drug abuse and trafficking in the past with most of them unattended has been witnessed in the state/city. The fact that the suspect has $400 translates to the internal force that might drive her take the money and let the suspect go (Hudson, 2003).