Ethical Issues in Criminal Justice

Epistemology and Duty Ethics in Criminal Justice
Ethical Issues
1 Ethics in Law Enforcement Agencies
As Roufa (2019) notes, ethics in law enforcement are essential to prevent behaviors from going unchecked and bad reputations from being developed. Ethics in law enforcement agencies can provide guidelines, identify values that should be promoted, and dictate what sort of actions, behaviors and attitudes law enforcement agents should demonstrate. The Law Enforcement Oath of Office focuses on protecting, upholding and defending the Constitution of the US. It also contains terms regarding how officers should conduct themselves: soberly, honorably and honestly.
Law enforcement agencies tend to codify the ethics they want their officers to follower. The reason for this is that they want their officers to engage in ethical decision making, which means making the right decision morally. Sometimes officers can have an unconscious or implicit bias and this can affect their decision making (Hehman, Flake & Calanchini, 2018). Having a code of ethics in place helps officers to remember to base their decisions on the ethical code’s guidance. That way they are not basing decisions on any potential implicit bias they may have.
In order for the ethical code to be implemented effectively, officers need to engage in critical thinking. This means they have to ask themselves a series of questions when making decisions regarding the morality of the actions under consideration. They must ask if the action would be legal, whether it will result in a good end, whether it will be practical—i.e., have utility; whether there might be a better option that would result in a greater good; whether the action might contradict or undermine another principle; whether the action might violate any ethical principle even if it does bring about some good; and whether one would be able to justify with reason the action if necessary before the public.
2 Ethics within Philosophy in a Criminal Justice Context
The three main ethical philosophies are Virtue Ethics, Deontology (Duty Ethics) and Utilitarianism. A fourth ethical philosophy is often used to justify questionable behaviors and it is known as Ethical Egoism; individuals tend to turn to Ethical Egoism when they want the ends they seek to justify the means. Each of the big three ethical philosophies can be important in a criminal justice context.
Metaphysically, the system of virtue ethics and deontology and utilitarianism all depend upon first principles—though the focus of each is different. Virtue ethics dates back to the time of Greek antiquity and is based on the ideas of Plato and Aristotle. It focuses on the Ideal—the notion of a transcendental Good existing above one and all. This Good is what should be one’s ideal and one should conform one’s thinking and actions towards reaching that Good. The Good dictates the terms of what one’s behavior should be and the system of virtue ethics is about conforming one’s behavior so that it aligns with the Good. The first principle of this ethical system is that one’s character development is what matters most in life because happiness lies in confirming oneself to the Good.
Duty ethics and utilitarianism are similar. Duty ethics focuses on one’s duty. Morality is determined by the extent to which one is doing one’s duty in life. In utilitarianism, the focus is on the common good. Morality is determined by the extent to which one’s actions facilitate the greatest common good (Cahn & Markie, 2011).
Virtue ethics stems from Aristotle’s teachings on happiness. From the epistemological standpoint, knowledge is derived from meditating on the Good—the transcendental Ideals that bring about happiness. To achieve happiness one has to develop one’s character so that all actions are moral and oriented towards achieving union with the Good.
Deontology stems from Immanuel Kant, who developed the system of duty ethics and argued that morality is determined by whether one is doing one’s duty in life. Kant stated that knowledge is derived from examining the principles that govern an effective and efficient society. One’s role in society will show one what his duty is. Kant believed in the use of reason but also in the Ideal—i.e., in the universal principles theory that motivated the ancient philosophers to describe the Transcendentals. Kant added to it by describing how the subjective experience plays a part in defining morality and how understanding one’s duty helps to set the parameters of ethics (Cahn & Markie, 2011).
Utilitarianism stems from J. S. Mill, who argued that knowledge comes from rational application of the mind to the natural world. Mill was an Enlightenment philosopher who believed that reason and naturalism helped to explain the course of human events and the whole of society.
In a criminal justice context, each of these ethical theories can be used to create ethical frameworks that provide guidance for officers to uphold the rule of law in their work and in their communities. The one ethical framework that should be avoided is Ethical Egoism because it is essentially a negation of the big three theories and puts the Self at the center of all morality. If an action can benefit oneself in some way then it is considered moral. Nothing else matters in Ethical Egoism—and it is this type of framework that can get law enforcement officers into a lot of trouble as it typically leads to corruption.
3 Major Divisions of Philosophy as Applicable to Criminal Justice
Major divisions of philosophy that apply to criminal justice include ethics, epistemology and philosophy of mind. Ethics pertains to moral actions, epistemology pertains to how knowledge is obtained, and philosophy of mind—i.e., human beings and free will pertains to how individuals make use of their free will to pursue objectives that are important to them (Holmes, 2007).
Ethics apply to criminal justice because they set the parameters for how the system of criminal justice should be arranged. The criminal justice system in the US was developed during the Enlightenment era so Enlightenment philosophy influenced it heavily; however, as time has passed, other ethical perspectives have been used to allow the system to evolve.
Epistemology relates to how knowledge is derived, and in the criminal justice system researchers will use epistemology to develop theories of crime, to construct programs and processes for how to police—i.e., community policing, and so on. Forensics, law, and bail reform will all rely on epistemology at some point as they rely on information and data to develop new approaches.
Philosophy of mind pertains to criminal justice in the sense that officers will want to understand how free will plays a part in their actions and the actions of others. Developing theories for why people commit crimes will depend on this aspect of philosophy as well. The human will is at the heart of all actions—but some people can abandon their free will to addiction, drugs, vice, etc.
References
Cahn, S. & Markie, P. (2011). Ethics: History, Theory and Contemporary Issues, 5th Edition. UK: Oxford University Press.
Hehman, E., Flake, J. K., & Calanchini, J. (2018). Disproportionate use of lethal force in policing is associated with regional racial biases of residents. Social psychological and personality science, 9(4), 393-401.
Holmes, A. (2007). Ethics: Approaching moral decisions. Downers Grove, IL: InterVarsity Press.
Roufa, T. (2019). Ethics in law enforcement. Retrieved from https://www.thebalancecareers.com/ethics-in-law-enforcement-and-policing-974542