Ethics and Professional Behavior
The American court system is one that has existed as long as the constitution has been in existence. They are provided for in the constitution of the U.S.A. And have the powers and mandate as prescribed in the constitution. The courts are fundamental in the society in regards to maintaining law and order and also bringing amicable, legal and acceptable settlements among people, organizations, institutions and even groups. In a civilized society like ours, it is important that law and order is not only maintained but also felt and seen to have been done. The American society achieves this in a great way through the judicial system and it is important for us all to work hard towards maintaining the existing confidence in the judicial system lest we slip into absolute anarchy experienced in most underdeveloped countries and corrupt monarchies.
However, the criminal justice system has been for long associated with discriminatory practices and decisions that are informed by race bias and other forms of discriminatory practices among other unethical practices. The ever increasing unethical practices have for long been a subject of discussion and how this can be avoided particularly in the justice system. The rot has gone so deep in the society until many people no longer care about the ethics any more as long as the law is on their side, they would do anything to get away with unethical acts.
In administration of justice in the criminal justice system, it is significant to note that ethics and professional behavior are very closely linked bearing the fact that the process of administration of justice involves human beings towards other human beings. According to American Medical Association (1994) ethical obligations supersede the legal obligations. The ethical duties are more than the legal duties since the law may sometimes allow for an ethical conduct. Laws cover ethical rules and regulations; it doesn't hinder most of the acts that are considered unethical and vice versa. However, the two are usually tied to each other and guide the judgments that are made on a day-to-day basis within the legal fraternity.
The criminal justice involves undergoing various processes in the process of making them where they are approved and then enforced by the arm of the government that is concerned with the enforcement process. This is majorly done by the police force while ethics are unwritten in nature they are rules and guidelines that guides on a given conduct to the society or a profession e.g. A lawyers have practices that are inbuilt in them which they have to abide to since it is the right thing to do according to their professional ethical standards hence the ethics and professional behavior are once again tied here.
The interpretation of the law can be guided by the ethics of a given society as well the interpretation of ethics can be guided by the written laws of a country, bringing the ethics and the behavior within the criminal justice system together.
The foundation of law is laid upon obedience hence an individual has to obey the law for an act to be considered lawful or unlawful while ethics is based upon what and how the society and the profession feels is ethical or not ethical according to the expected standards of behaviors.
Laws are universal in nature i.e. they apply to all in respect of the profession race culture or the position in the government office and any failure to the obedience to the law all the individuals have to face a common form of punishment while ethics are not universal in nature, they are specific in nature. They only apply to specific individuals based upon their profession and the level of the relationship of one person against the other party.
Ethics enlighten people on what activities they should do and covers on the ideal characteristics they should. Unethical practice...
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