Ethical Issues Conflicts of Interest

Ethical Issues
Conflicts of Interest
Conflict of interest emerges when an inividual in power uses their position to exploit situations to their advantage. For instance, if a law firm attempted representing the same couple in a divorce case (Legal Dictionary, 2018). Conflict of interest is a manifestation of structural failures of any society. The practice touches on a wide range of societal elements, including legal, political, and administrative aspects. Once public officers engage in acts of conflict of interest, they lose public trust (Pathranarakul, 2005).
Prosecutors often find themselves in the tight sport of conflict of interest. It is easy to be diverted from the mission to deliver justice when one is a prosecutor because of the ever-conflicting interests, and motivations one is exposed to (Green &Roiphe, 2017). In the case of lawyers, incidents in which personal interest comes into conflict with that of the client amount to a conflict of interest(Kindregan, 1976).
Ethical Issues related to Conflict of Interest
The executive team in any organization is often faced with issues of ethical nature in complex and conflicting situations. The basis of conflict of interest is the social values structure and the standards of ethics in a given setup. At the same time, some people do not realize that there is a problem when there is a conflict of interest, the bar for civilized people demands that society disapproves of the violation of ethical behavior and moral decorum (Pathranarakul, 2005).
Distrust of the judicial system
The genesis of societal distrust towards its institutions is anchored on a range of actions that promote the perception of injustice. Poor performance by the political class and the institutions that they run is what bred the reinforcement of the emergent counter-majority organizations, especially about the judiciary system. According to Claus Offe (1999), institutional distrust arises because of their incoherence involving the allotted resources. Trusting institutions are driven by the assumption that the society where they exist is aware of their primary norms and function, visa-a-vis the normative values for which they were established in the first place. Trust only suffices when the citizens’ encounter with institutions elicits a sense and feeling of satisfaction because the expectations are met, at least averagely above the bar (Filgueiras, 2008).
Criticisms of private corrections
The arguments that oppose or support privatization center on the efficiency of cost and considerations of ethical nature. The advocates of privatization argue that the private sector does a better job of attaining correctional goals at a relatively lower cost. They say that the private sector provides better quality and is poised to develop superior solutions to correctional challenges. The critics of privatization point out that it extends social control, reduces the quality of correctional service, and does not lead to higher quality and cost efficiency as the proponents of privatization claim (Montes, Mears & Cochran, 2016).
Gender-related officer-inmate issues
It is urgent to incorporate matters of gender in the criminal justice system. It is equally urgent to consider attitudes, biases, and other influences that affect the delivery of justice. Because of the complexity of issues of gender, it is a good idea and imperative to include a gender expert on the assessment panel. Any assessment of the criminal justice system is underpinned by an understanding of the issues that affect women and men, and affect or limit access to justice and hinder the full participation of women in the justice process. Such an understanding should guide the recommendations for any technical assistance needed (United Nations, 2010).
Reciprocity and its Effects
The principle of reciprocity is one that relates to the adoption of decisions made by courts in other jurisdictions as the guideline for local decisions. The effect test, on the other hand, is a system designed to regulate the intervention of judicial decisions on matters of another system (Alterio, 2011).
Correctional Officer Subculture and Officer Behavior
The subculture of the correctional office can be compared to a sports team. The system encourages the solidarity of a group; it is jellying and cohesion among the personnel therein. Correctional officers are expected to adhere to a raft of unwritten rules of conduct. The unwritten rule is informed by the belief that that the persons in incarceration should be treated better than what they experience with prison wardens. Correctional officers are expected to help the other officers in the execution of their duties. If a correctional agent observes something that goes against expectation, then, their action should not be to blow it up in the face of colleagues but handle it as team members in solidarity (BrainMass, 2019).
Restorative Justice Processes and Parties Affected
Restorative justice, on its part, broadly refers to a range of different activities that happen before, during, and following the prosecution of crime. An example of restorative justice is circle sentencing. It is different from other restorative options. It is, ideally, part of sentencing and takes the part of formal sentencing in the justice system. The system is an inspiration to the community. It binds the formal justice system and those it is supposed to serve. Therefore, community perception changes from victim to client-like in resolving disputes within the criminal justice systems. While circle sentencing was initially meant to address the needs of the aborigines, it is now applied to non-aboriginal offenders. It is a flexible process that can be applied to the young and old in a wide range of circumstances, including disputes to do with child welfare. Circle sentencing was hatched in New Zealand and Australia. It features many aspects of family conflict resolution. The use of circle sentencing should be reserved for only the offenders who feel motivated and come with community support. It should not be treated as a panacea (Lilles, 2002).
Conclusion
Conflict of interest is, ideally, corruption. It is about using one's position to gain an advantage. It is a violation of the law and ethical policies. It should be discouraged because it amounts to manipulation informed by one’s authority. Public service is likely to suffer if a conflict of interest is ignored. Conflict of interest leads to constricting civil liberties. It obliterates neutrality and thus subjugates justice. Conflict of interest is an abuse of public interest and that of the whole system of justice and its purpose (Pathranarakul, 2005).
References
Alterio, E. (2011). From judicial comity to legal comity: A judicial solution to global disorder?I-CON, 9(2), 394-424. doi: 10.1093/icon/mor036
BrainMass. (2019). Correctional officer subculture: Ethics. Retrieved from https://brainmass.com/law/familylaw/correctional-officer-subculture-ethics-165895
Filgueiras, F. (2011).Transparência e controle da corrupção no Brasil. In: Corrupção e sistemapolítico no Brasil, edited by Leonardo Avritzer and Fernando Filgueiras. Rio de Janeiro: CivilizaçãoBrasileira.
Kindregan, C. (1975).Conflict of interest and the lawyer in civil practice. Retrieved from https://scholar.valpo.edu/vulr/vol10/iss3/2
Legal Dictionary. (2018). Conflict of interest. Retrieved from https://legaldictionary.net/conflict-of-interest/
Lilles, H. (2002). Circle sentencing: Part of the restorative justice continuum. IIRP. Retrieved from https://www.iirp.edu/news/circle-sentencing-part-of-the-restorative-justice-continuum
Montes, A., Mears, D., &Conchran, J. (2016). The privatization debate: A conceptual framework for improving (public and private) corrections. Journal of Contemporary Criminal Justice. 32(4). Retrieved from https://www.researchgate.net/publication/305418634_The_Privatization_Debate_A_Conceptual_Framework_for_Improving_Public_and_Private_Corrections
Off, C. (1999). How can we trust our fellow citizens? In: Democracy and trust, edited by Mark Warren. Cambridge: Cambridge University Press.
Pathranarakul, P. (2005). Conflict of interest: An ethical issue in public and private management. 5th Regional Anti-Corruption Conference, 28-30 September, Beijing, PR China. Retrieved from http://www.oecd.org/site/adboecdanti-corruptioninitiative/regionalseminars/35592747.pdf
United Nations. (2010). Gender in the criminal justice system assessment tool. Vienna: English, publishing, and library sections. Retrieved from https://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/E-book.pdf