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Criminal Justice Ethics
The ethical issues in this case are not serious in the sense of corruption or bribery, but clearly there is a problem here because the older officer is friends with the driver of the car that went through a red light. First of all, no matter that the veteran officer has a first-name relationship with the driver, a traffic violation has taken place and legally (unless there are extraordinary circumstances that led to the violation) there are penalties that must be carried out. Ethically, the young policeman is within his authority to issue the ticket and if the veteran cop instructs the young officer to let the driver off, it is a serious breach of police ethics; moreover, it is a bad example to set for the young officer. Police are trained to recognize an ethical problem and they are trained to make "a rational and ethically…
Findlaw. (2010). Police Misconduct and Civil Rights. Retrieved November 21, 2012, from http://civilrights.findlaw.com .
Gleason, Tag. (2009). Ethics Training for Police. The Police Chief. Retrieved November 21,
2012, from http://www.policechiefmagazine.org .
Criminal Justice Ethics
In the U.S. legal system, magistrates have been given tremendous amounts of power. This is because they play a central role in reducing the workloads for the courts. In a number of cases, they can work on special assignments for them. These are individuals who are appointed to perform a specific function (such as: supervising discovery and pretrial proceedings). The different powers can place someone in a position where they can abuse their authority. ("Code of Conduct," 2012)
In the case that is being examined, the magistrate has engaged in questionable behavior. To fully understand what is happening there will be a focus on if these activities are considered to be unethical and if they should be disciplined. Together, these different elements will show how these activities are considered to be unethical.
Which, if any, of these activities would be considered unethical? Why?
There are a number…
Arizona v. Washington. (2012). U.S. Supreme Court Center. Retrieved from: http://supreme.justia.com/cases/federal/us/434/497/case.html
Code of Conduct. (2012). U.S. Courts. Retrieved from: http://www.uscourts.gov/RulesAndPolicies/CodesOfConduct/CodeConductUnitedStatesJudges.aspx
Rule 59. (2012). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/rules/frcrmp/rule_59
Criminal Justice Ethics
You are to discuss the possible ethical considerations of plea agreements. Your insights into plea-bargaining should be framed in the larger context of prosecutorial discretion.
Over the last several decades, plea bargaining has become an effective way for prosecutors to reduce their case loads. At the same time, this is helping to provide justice to the victims by punishing the perpetrators. While limiting the sentences criminals are facing from: a lengthy trial and judges who could hand down the maximum verdict. As a result, there have been increased calls for giving prosecutors greater amounts of authority in determining plea agreements. (Banks, 2012) (Keinig, 2008)
This has raised a number of concerns about possible ethical challenges that should be taken into consideration. As there are a host of potential issues which are having an adverse effect on the criminal justice system. The most notable include: the prosecution of…
Banks, C. (2012). Criminal justice ethics: Theory and practice. Thousand Oaks, CA: Sage.
Kleinig, J. (2008). Ethics and criminal justice: An introduction. Cambridge, UK: Cambridge University Press
Criminal Justice Ethics
The similarities in the ethical standards between criminal justice personnel and civilian employment in a broader sense are very much the same. It seems that ethical standards are basic skills that are needed for employment. Having a strong ethical characters means that as a worker, the individual will not cheat, steal or take advantage of the company that they are working for. Having strong ethical character also means that an individual is treating another with respect. In order to be successful in both civilian and criminal justice environments, it is absolutely imperative that a strong ethical character is fostered and developed as without it then it will be difficult to thrive in a workplace environment. Furthermore, a sense of ethics and morality is absolutely essential in a workplace where individuals are entrusting certain things to one another and trust that each individual part in the whole is…
Of course, other significant capacities and abilities, including emotion directive skills and compassion toward oneself and other people are also essential to conquer routine patterns developed to handle with unwanted experiences and emotions (Hopper, 2011).
Being aware of one's surroundings not only physical but emotional as well can help a person to live a very healthy life. It is important in one's personal life to be mindful of their physical surroundings so that they can protect themselves from harm. If one just goes around unaware of what is going on around them they will for sure end up in a situation that is not where they want to be. It is also important to be mindful of one's emotional surroundings so that one does not become out of touch with reality and thus find themselves in situations that they don't belong.
In one's professional life it is also important to…
Hopper, Jim. (2011). Mindfulness and Kindness Inner Sources of Freedom and Happiness.
Retrieved from http://www.jimhopper.com/mindfulness/#whatis
What is the privatization of probation and parole services? (2010). Retrieved from http://methdrugaddiction.com/101539/what-is-the-privatization-of-probation-and-parole-services/
It could be argued that because of his character, Serpico cannot do anything but expose corruption. All of his life Serpico wanted to become a police officer for noble reasons. It because of his ethics and his humanity off the job (he loves dancing and dogs) officers like Green do not understand him. The job scars Serpico, and embitters him, supporting a deontological view of the world that suggests without ethics the souls of those who uphold the laws become too damaged to really do an effective job. The corrupt officers like Green do not care even when a suspected cop killer may go free, what they care about is getting extra money, and as much as possible. The rationalization of utilitarianism ultimately results in 'looking out for number one' rather than the 'greatest good' for the 'greatest number. The question arises as to what 'greatest good' and 'greatest number'…
Serpico. Directed by Sidney Lumet 1973.
For example, the Miranda decision of 1966 clarified the specific interrogation and arrest guidelines used by officers but even the reading of Miranda rights can be a manipulative function. Confessions must be reliable and fair. Trickery and deceit are commonplace in the interrogation procedure, for the officer of the law continually straddles the line between ethics and the necessity of capturing criminals.
Joycelyn Pollock describes police ethics in terms of four basic categories in Chapter 6: "Ethical Dilemmas in Police Work." The issues addressed in the literature, such as corruption, brutality, and bribery, are not necessarily encountered by police officers on a daily basis. In fact, many officers note that drinking, sleeping, and having sex on the job are more common ethical offenses than bribery (90). Pollock notes that officers generally view five main elements that comprise the "good" police officer: legality, service, honesty/integrity, loyalty, and ascription to the Golden…
Similarly, Jerome H. Skolnick and Richard a. Leo describe the legal and moral gray areas of police work in Chapter Five: "The Ethics of Deceptive Interrogation." Whereas the use of physical force was tolerated in the past, nowadays, psychological coercion is more the norm. Psychological coercion raises a host of complex issues that use of physical force does not. The legal system has attempted and continues to try to differentiate between what should and should not be acceptable police practices, but the law remains deliberately vague. For example, the Miranda decision of 1966 clarified the specific interrogation and arrest guidelines used by officers but even the reading of Miranda rights can be a manipulative function. Confessions must be reliable and fair. Trickery and deceit are commonplace in the interrogation procedure, for the officer of the law continually straddles the line between ethics and the necessity of capturing criminals.
Joycelyn Pollock describes police ethics in terms of four basic categories in Chapter 6: "Ethical Dilemmas in Police Work." The issues addressed in the literature, such as corruption, brutality, and bribery, are not necessarily encountered by police officers on a daily basis. In fact, many officers note that drinking, sleeping, and having sex on the job are more common ethical offenses than bribery (90). Pollock notes that officers generally view five main elements that comprise the "good" police officer: legality, service, honesty/integrity, loyalty, and ascription to the Golden Rule. These five elements can be grouped into four main ethical categories: those involving discretion and the law; those involving duty and service; those involving honesty; and those involving loyalty. Of these, the conflict between loyalty and whistleblowing and the use of discretion in difficult situations are the most significant and widespread ethical issues experienced by officers of the law.
Victor E. Kappeler also investigates the complexities of police ethics in Chapter Seven, entitled "Police Ethics, Legal Proselytism, and the Social Order: Paving the Path to Misconduct." The author states that the path to unethical conduct "begins with a way of thinking," (111). Many individuals fall into the trap of black-and-white morals, which can be morally and ethically blinding. Officers of the law contend with a series of ethical conundrums, such as the fact that many behaviors that are permitted legally are actually unethical, such as the use of manipulation. Such behaviors are not only acceptable as a part of the job, but are even expected of the officer. Police officers can therefore get away with more borderline or overtly unethical behavior without suffering personal or social consequences. Furthermore, officers of the law can develop elaborate means of self-justification, including denial of responsibility, denial of injury, denial of the victim, condemning the condemners, and especially, appeals to higher loyalties. Finally, Kappeler asserts that police ethics are a collective responsibility.
The most disputed issue in this case had to do with a trust that was created with the transfer of the Biochem stock from Duboc to Bailey. The Bar contended that the plea agreement with the U.S.
Government afforded that Bailey was to hold the stock in trust for the profit of the U.S. Government. Bailey would utilize the stock to uphold and liquidate Duboc's properties. After this was taken care of, the stock or its substitute resources would be handed over to the United States in order to take full advantage of any advantage to Bailey's client for his cooperation. Bailey would have been okay if this is what he had truly done, but it wasn't. Instead he transferred the money into his own personal account and used it to pay business and personal expenses.
Florida Bar rule 4-1.15 says that "a lawyer shall hold in trust, separate from…
Criminal Justice Section Standards. (n.d.). Retrieved from http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_dfunc_blkold.html
The Florida Bar v. F. Lee Bailey. (2001). Retrieved from http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBUQFjAA&url=http%3A
Organizational culture is a system of standards of perceiving, believing, evaluating, or acting that relate human communities to their environment settings (Organizational Culture). It can impact personal decisions in positive or negative ways. For example, if the organizational culture is one of fear if an employee does not comply, the employee is prone to decide to do whatever it takes to keep the job. If the organizational culture is one of honesty and openness, the employee is prone to evaluate for what is the right thing to do.
The dilemma the officer is faced with is the fact that this is high superior. With the actions of the lieutenant instructing the officer to falsify the report, it is obvious the organizational culture was one where you follow instructions and keep your mouth shut. The situation is unethical in the respects the officer is instructed to follow a false…
LaMance, K. (n.d.). Federal Laws for Whistleblowers. Retrieved from Legal Match: http://www.legalmatch.com/law-library/article/federal-law-for-whistleblowers.html
Organizational Culture. (n.d.). Retrieved from National Defense University: http://www.au.af.mil/au/awc/awcgate/ndu/strat-Idr-dm/pt4ch16.html
Criminal justice is about the laws which are related to criminal behaviour. Criminal justice includes the area where judiciary is involved for e.g., police and lawyers. Lawyers are directly associated with the crime because they can defend or prosecute the criminals. As a professional field of study criminal justice involves studying the behaviour. The aim of the study is to gain knowledge and awareness of rules, laws and rights of victims and suspect both.
In Criminal Justice ethics, diversity and conflict plays a major role. As a student of Criminal Justice I have learned that ethics is important in making moral judgments which demonstrates clearly that what is right and what is wrong. An ethical framework of justice is required to make fair decisions. When we talk about ethics in criminal justice here, we are suppose to forget about the emotions, personal values and instincts that can create or raise…
SagePub, (2011), The Importance of Ethics in Criminal Justice, accessed on June 23, 2011, from: http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf
Hazen, A., (2009), Cultural Diversity in Criminal Justice Paper, accessed on June 23, 2011, from: http://www.scribd.com/doc/16052470/Cultural-Diversity-in-Criminal-Justice-Paper-CJA423-WK4
Skolnock .J., (2004), Conflict Model, accessed on June 23, 2011, from: http://neohumanism.org/c/co/conflict_model__criminal_justice_.html
Forbes. H., (2005), Crash, Catholic News service, accessed on June 23, 2011, from: http://www.catholicnews.com/data/movies/05mv542.htm
Ethics-CRIMINAL JUSTICE SYSTEM
Details of the Source
When does police mistake become murder?
The Christian Science Monitor,
Date of publication: 04-05-1999,
Summary of Facts
Racial profiling is probably the biggest concern of minorities groups in our country because it has been the cause of numerous injustices against them. Our law enforcement agencies appear to be ruthlessly biased in their exercise of duty as is clear from this article. The author shows that racial profiling has resulted in prosecution and death of many innocent immigrants. The article argues that when death results from irresponsible actions of the police, it should be counted as murder because it violates basic civil rights provided by the constitution to every citizen regardless of color or creed. However it has been noticed that our police would open fire on any immigrant who appears to be a threat. The author asks: "Should the police officer be tried…
Use of technology would promote public knowledge about the spread of confirmed criminal activity or patterns of behavior that might place people at risk, whether that risk involved theft, credit card scams or other behaviors (Farber, 2006).
Participation in shared networking technological programs would be required of private businesses, community agencies and policing authorities to ensure a true community policing structure is established. Communities would work to create neighborhood watch groups in response to "non-sensitive" security data that would help them better protect their community and collaborate with law enforcement agencies (Farber, 2006, p. 110).
Before a hearing is set, a judiciary authority should be appointed along with a trained criminal justice psychologist to determine what factors contributed to the criminal activity, the severity of criminal activity and whether prosecution is warranted, or whether rehabilitative measures would prove more helpful in the long-term. A meeting should be established where the…
American Law and Legal Information. (n.d.). Criminal justice system, structural and theoretical components of criminal justice systems, the systems of operation, the importance of viewing criminal justice as a system. American Law and Legal Information. Crime and Justice Volume 1. Accessed 22, May, 2007:
Bouza, a.V. (1990). The police mystique: An insider's look at cops, crime, and the criminal justice system. Cambridge: Perseus Books.
Farber, O. (2006, Jun). Positive SPIN on liaisons: Find out how the security police information network (SPIN) promotes public-private information sharing. Security Management, 50(6): 110.
Leadership and Ethical Practice in Criminal Justice Agencies
According to Wright (1999), leadership is an essential part of a criminal justice agency, and the key to that leadership is ethics. Without proper ethical standards on a personal level, an individual would not be a good choice for criminal justice. When that person is put into a leadership role, he or she then has to focus on not only personal ethical standards, but standards of ethics that are fitting to the entire department or agency. These standards may not be identical to what would be seen personally, but they must be adhered to regardless. Additionally, when a person is focused on being an ethical leader, he or she holds others to that same ethical standard, and that can keep employees on the right path in any organization. This is especially vital for criminal justice agencies, because they are expected to be…
Bottoms, A. & Tankebe, J. (2012). Beyond procedural justice: A dialogic approach to legitimacy in criminal justice. Journal of Criminal Law and Criminology, 102(1): 119-170.
Wright, K.N. (1999). Leadership is the key to ethical practice in criminal justice agencies. Criminal Justice Ethics, 18(2): 2-69.
criminal justice and American culture. Specifically it will discuss jail time served by Blacks, Hispanics and whites, and the lawyers who prosecute them. The statistics indicate that African-American men, especially between the ages of 25 to 29, are incarcerated at a higher rate than either Hispanics or whites. There are several factors that are associated with these statistics, including where these young men grow up, their income, and their education, among others. There is also the issue of racial profiling. This paper will look at these statistics and attempt to answer the question of why these young men serve more jail time than other American men do.
In most areas of violent and non-violent crime, African-American men are more represented in American prisons than any other race. Some people may feel African-Americans are more prone to crime and violence, but many studies point to several other factors in criminal activity.…
Editors. (2009). Demographic characteristics of persons convicted of felonies in State courts, by offense, 2004. Retrieved 21 May 2009 from the Bureau of Justice Statistics Web site: http://www.ojp.usdoj.gov/bjs/pub/html/scscf04/tables/scs04201tab.htm .
Editors. (2009). Homicide trends in the United States. Retrieved 21 May 2009 from the Bureau of Justice Statistics Web site: http://www.ojp.usdoj.gov/bjs/homicide/race.htm .
Editors. (2009). Mean length of felony sentences imposed in State courts, by offense and race of felons, 2004. Retrieved 21 May 2009 from the Bureau of Justice Statistics Web site: http://www.ojp.usdoj.gov/bjs/pub/html/scscf04/tables/scs04207tab.htm .
Goldman, D.S. (2004). The modern-day literacy test?: Felon disenfranchisement and race discrimination. Stanford Law Review, 57(2), 611+.
Criminal Justice & Criminology
Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?
CJ327W esearch Methods in Criminal Justice
The Miranda vs. Arizona ruling has attracted notable attention to the treatment of the accused in the hands of the law. Specifically, the ruling affirmed the rights to the accused under the law and to the legal rights of the accused. The research was to reveal the degree of law enforcement lack of enforcing the Miranda rights to the accused. A questionnaire presented to four group types that have a stakeholder interest in the law enforcement and legal rights aspect of the case was distributed to determine the activity relevant to Miranda enforcement process. The findings are expected to reveal abuse within the system and a notable increase in the Miranda violations for the accused.
Purpose & Audience
The Miranda vs.…
Allen, H. (1967). Miranda v. arizona: Is it being applied? Criminal Law Bulletin, 3(3), 135-1441. Retrieved fromhttp://search.proquest.com/docview/55778946?accountid=13044
A, M.N. (1971). The court and local law enforcement: The impact of miranda Sage, Beverly Hills, Calif. Retrieved fromhttp://search.proquest.com/docview/55776023?accountid=13044
Brazier, Alex. "The people on the bus get searched and seized: why police conduct in suspicionless bus sweeps should be circumscribed." George Washington Law Review 78.4 (2010): 908-941. Criminal Justice Collection. Web. 22 Feb. 2011.
H, A.S. (1971). Police authority and the rights of the individual Arc Books. Retrieved fromhttp://search.proquest.com/docview/55779413?accountid=13044
A written policy regarding sexual misconduct is imperative, as is stringent hiring practices including applicant screening, adequate supervision, training, and a structured investigative process regarding allegations of sexual misconduct (Abner et al., 2011). Addressing Sexual Offenses further states that it is necessary to clearly outline the consequences for sexual misconduct as a means of deterring it (Abner et al., 2011). Additionally, Addressing Sexual Offenses outlines other strategies which need to be employed to eliminate the possibility of police sexual misconduct including videotaping all officer interactions, requiring strict time reporting, and implementing unannounced spot checks on officer's electronic devices and communication devices (Abner et al., 2011).
Specific strategies, policies, training, screening, and supervising must be employed to eradicate sexual misconduct by law enforcement officers. Obviously, sexual misconduct by law enforcement officers is a reality and has far reaching implications within a society. Only by eliminating the behavior, will it be possible…
Abner, C., Clark, D., Dahmer-Farris, T., Di Pino, B., Gamble, a., Gibbs, T… Firman, J.
(2011, June). Addressing Sexual Offenses and Misconduct by Law
Executive Guide. Retrieved November 27, 2012 from website:
Ethics in Criminal Justice:
The police function has continued to be the most needed elements since the beginning of the existence of human societies because social coordination and harmony have never prospered without some kind of supervisory authority. The supervisory authority or power has usually been shared among several agencies or departments including policing. These various departments have been planned and synchronized to provide the service efficiently and effectively. Since its inception, policing have been mandated with the task of identifying and convicting criminals. However, the police have been expected to have an increasingly wider social role in acting as crisis managers or problem busters. As the police have been faced with numerous moral challenges, there are various theories that have been developed to describe ethics within the field of criminal justice.
Slippery Slope and Gratuities:
One of the long-standing and controversial practices within the police force is police gratuities…
Andrews, W.C. (2004, June). Police Gratuities, Public Perception after September 11, 2001.
Retrieved April 12, 2013, from http://www.clearwaterpolice.org/articles/andrews.asp
Delattre, E.J. (2002). Character and cops: ethics in policing (5th ed.). Washington, D.C.:
American Enterprise Institute for Public Policy Research.
Criminal Justice Leadership
Identify two types of ethics and explain their role in criminal justice organizations. Support your responses with resources.
Ethics are concerned with the issues of right and wrong and provide a framework for moral living. Ethics in the criminal justice system is an integral part of police work. Ethical considerations are paramount to decisions involving discretion and a strong moral foundation suits police work well. Banks (2010) notes that knowledge of ethics provides people an opportunity to analyze assumptions and weigh options. Two types of ethics that have particular importance in criminal justice are normative ethics and ethical absolutism.
Normative ethics is fundamental to proper and prudent decisions made by personnel in the criminal justice system. Banks (2010) writes that normative ethics involve taking into account the range of moral issues in an area and that a person should always act morally, having deduced the…
AELE Mo L.J. (2008). Civil Liability for Use of Deadly Force -- Part Three Supervisory Liability and Negligent/Accidental Acts, 101, 1.
AELE Mo L.J. (2007). Civil Liability Law Section: Civil Liability for Use of Deadly Force -- Part Two Qualified Immunity and Inadequate Training, 101,12.
Archives.gov (2010). Retrieved from: http://www.archives.gov/education/lessons/civil-rights-act/
Banks, N. (2010). The Importance of Ethics in Criminal Justice. Retrieved from: http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf
Criminal Justice Career
How will this new terminology and knowledge apply to a career in criminal justice?
Criminal justice is seen as the practices, system and the concerned government institutions that are focused on implementing social control, participating in crime mitigation and sanctioning the law violator by imposing penalties and rehabilitation programs. It covers the private sector, the pubic sector, NGOs, state and the local governments as well (Oregon Laws, 2007). To handle effectively such a wide spectrum of departments with professionals without a chance foe making the wrong interpretation of the law once needs to be well equipped with the legal terms.
How can not knowing the proper terminology affect you as you conduct criminal justice research?
When one lacks the proper terminology in the criminal justice, this can be a fundamental barrier in the execution of duty and definition of the offences committed as well as interpretation of…
Cambridge Dictionary Online (2011). Research: Definition. Retrieved May 21, 2011 from http://dictionary.cambridge.org/dictionary/british/research_1
CDC (2011). Differences Between Qualitative and Quantitative Research Methods. Retrieved May 21, 2011 from http://www.orau.gov/cdcynergy/demo/Content/phase05/phase05_step03_deeper_qualitative_and_quantitative.htm
Chris Williams, (2009). Scientific Research and Quantitative Research. Retrieved May 21, 2011
There should also be refresher courses given every year so that officers do not forget about their ethical responsibilities. t is important in the police arena that ethical behavior is top priority and that everyone is as ethical as they can be.
Web Field Trip
Tonry, M. (1997). ntermediate Sanctions in Sentencing Guidelines. Retrieved from https://www.ncjrs.gov/pdffiles/165043.pdf
The article ntermediate Sanctions in Sentencing Guidelines is a very comprehensive guide to what intermediate sanctions are and how they can be incorporated into sentencing guidelines. This article defines what intermediate sanctions are and how they can be used in sentencing guidelines in order to help those offenders who may not otherwise benefit from traditional sentencing practices. The guide also discusses the problems that can occur when implementing these types of sanctions and what can be done to try and avoid the issues that can occur. The overall gist of the article is to…
Intermediate Sanctions for Non-Violent Offenders Could Produce Savings. (2010). Retrieved
The article Intermediate Sanctions for Non-Violent Offenders Could Produce Savings is a good discussion of how the use of intermediate sanctions used for certain offenders can lead to cost savings. In today's economy money for correctional institutions is at a low just like it is for everything else. Because of this it is becoming more and more important for corrections in general to cut costs. This article is a very good discussion on how intermediate sanctions can be used to help cut expenses in the criminal justice system. The article discusses how these types of sanctions can be used for certain offenders in order to benefit them the most while reducing the amount of money that it takes to lock every offender up for a specific period of time. This article also discusses the drawbacks that come along with implementing intermediate sanctions and how these issues can be addressed ahead of time in order to mitigate their effects.
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 (oberson & Mire, 2010).
Therefore, this research paper analyzes different ethical issues that face the…
Hudson, B. (2003). Justice in the risk society challenging and re-affirming justice in late modernity. London: SAGE.
Roberson, C., & Mire, S. (2010). Ethics for criminal justice professionals. Boca Raton, FL: CRC Press/Taylor & Francis.
As practitioners of the law, court officials and subordinates are bound by the single powerful system of the law and governmental policy. Lawyers are bound by regulation rather than occupational socialization. Their interaction with the general public is also much more significant than that of the police, which provides a lower level of occupational intra-organizational loyalty than might be found among police officers.
Court decisions are obliged to abide by the law. The issue is however complicated by the fact that the upreme Court is partial towards the power-wielding authority in the White House. This tends to detract from objectivity when making constitutional decisions. The issue is further complicated by the 9/11 attacks and other similar factors.
The devastating attacks during 2001 have not only influenced political power, but also the way in which this power was used to influence decisions by courts, the police, and individuals working within these…
Bibas, Stephanos. (2005, Nov). Originalism and Formalism in Criminal Procedure: The Triumph of Justice Scalia, the Unlikely Friend of Criminal Defendants? Georgetown Law Journal. FindArticles.com: http://findarticles.com/p/articles/mi_qa3805/is_200511/ai_n16013090
Clayton, Cornell W. (2006, June). Politics of Criminal Justice. Georgetown Law Journal. FindArticles.com:
Harrison, Stephen J. (1998) Police Organizational Culture: Using Ingrained Values to Build Positive Organizational Improvement. http://www.pamij.com/harrison.html
What do you Think
Paradigm of Laws
Paradigm of Laws
• the paradigm of law your actions define and give reasons
Law and ethics applies to everyone whether free individuals or a prisoners. Everybody has the right of existence, justice and fairness. However, there are occasions when a prisoner cannot be offered the right of confidentiality and privacy. This is exactly what I have done to the inmate in state prison where I am a correctional officer. My paradigm of law does not believe in sincerity of inmates. Given the history of the prisoner who has deceived twice earlier, I cannot trust him again. Whatever he says or does, it has to be communicated to authorities so that they can take action.
The inmates are individuals that have caused harm to the society earlier thus they are in the prison. These people should not be blindly trusted. The…
Jensen, O.C., (1934), "Kant's Ethical Formalism," Philosophy, 9(34), 195-208
Retributive vs. Restorative Justice, (2009), Retrieved from:
There are three basic types of research designs including: (1) experimental designs; (2) quasi-experimental designs; and (3) non-experimental designs. (Shadish, Cook and Campbell, 2002) the 'gold standard' is stated to be represented by "...experimental evaluations that make use of the random assignment of individuals to interventions and control groups..." (Mulhlhausen, 2009)
Mulhlhausen (2009) reports that randomized evaluations are of the nature that serve to "ensure that pre-progam differences between the intervention and control groups do not confound or obscure the true impact of the programs being evaluated." In addition, random assignment is stated to enable the evaluator in testing "for differences between the experimental and control groups that are due to the intervention and not to pre-intervention discrepancies between the groups. y drawing members of the interaction and comparison groups from the same source of eligible participants, these experimental evaluations are superior to other evaluations using weaker designs." (Mulhlhausen, 2009)…
David Weisburd, Cynthia M. Lum, and Anthony Petrosino, "Does Research Design Affect Study Outcomes in Criminal Justice?" Annals of the American Academy of Political and Social Sciences, No. 578 (November 2001), pp. 50-70.
Nathan James, "Offender Reentry; Correctional Statistics, Reintegration into the Community, and Recidivism," CRS Report for Congress, April 21, 2009.
William R. Shadish, Thomas D. Cook, and Donald T. Campbell, Experimental and Quasi-Experimental Designs for Generalized Causal Inference (Boston: Houghton Mifflin Company, 2002).
Muhlhlausen, David B. (2009) Prisoner Reentry: A Limited Federal Government Role. The heritage foundation. 5 Nov 2009. Online available at: http://www.heritage.org/Research/Crime/tst110509a.cfm#_edn35
Specifically, police tactical policy must outline criteria for the use of every tool and every technique authorized for use by officers.
Effective policy and procedure management also includes indirect methods of minimizing the potential need for increased levels of force. For example, a lone officer typically faces situations that allow for fewer options in force escalation, particularly where the officer is outnumbered by subjects or suspects (Pinizzotto, Davis, & Miller, 2007). Therefore, some of the simplest but most effective administrative methods of minimizing the necessary use of force include assigning officers in pairs and establishing protocols detailing response and backup procedures corresponding to specific types of tactical situations or calls for service (McCauley, 2005). Training is essential for effective UOF control in modern policing, because stress and the perception of danger naturally detracts from decision making. epeatedly exposing officer candidates and cadets to simulated tactical situations in training ensures the…
McCauley, R. (2005). "Use of Force and High-Intensity Tactical Police Flashlight: Policy Concerns." The FBI Law Enforcement Bulletin; Vol. 74
No.11. Montgomery, D. (2005). "Perspective: Excessive Force 101." The FBI Law Enforcement Bulletin; Vol. 74 No.8. Pinizzotto, a., Davis, E, Miller, C. (2007). "The Deadly Mix: Officers, Offender, and the Circumstances that Bring them Together." The FBI Law Enforcement Bulletin;Vol. 76 No.1. Schmalleger, F. (2008). Criminal Justice: Introductory Text for the 21st Century.
Princeton, NJ: Pearson.
Some attorneys simply seem to enjoy outrageous conduct when it comes to proving the innocence of their client, and some simply relish the feeling of power they have in the courtroom environment. Giving attorneys too much power can lead to problems in the courtroom and in the justice system. The debate over punishment that fits the crime and the death penalty also seem like debates that will rage for a long time, no matter what happens in the criminal justice system. There are always going to be cases where a minor criminal is sentenced to a punishment that seems much bigger than the crime they committed, and there will always be people opposed and in support of the death penalty. These chapters show that the criminal justice system is not perfect, and that reforms could help create a better, more workable system, but they also show that there will always…
Various Authors. (2005). Justice, Crime and Ethics. Cincinnati, OH: Anderson Publishing Company pp. 125-201.
However, as criminals become more aware of undercover tactics, the covert officer is required to provide more and more proof that he is indeed a criminal- which leads to the officer committing acts that compromise his or her integrity for the sake of maintaining cover. y understanding the often conflicting nature of these goals, deception and integrity, we can see how an undercover officer can become confused, lost, and susceptible to temptation (i.e. criminal behavior).
y examining both aspects- environmental factors and personality factors- we take into account both sides of a complex relationship. These two groups of factors, when combined together, shed some light on the exact nature of criminal tendencies amongst police officers.
Definition of Terms
Covert: another term for undercover, meaning the use of deception for the purpose of gathering information or intelligence.
Non-covert: police officers that, even in plain clothes, maintain their own true identity instead…
Choo, A., and Mellors, M. (1995) Undercover Police Operations and What the Suspect Said (Or Didn't Say). Web Journal of Current Legal Issues, Blackstone Press, University of Leicester. Web site: http://wenjcli.ncl.ac.uk/articles2/choo2.html
Girodo, M. (1985) Health and Legal Issues in Undercover Narcotics Investigations: Misrepresented Evidence. Behavioral Sciences and the Law, 3(3),299-308.
Girodo, M. (1991) Drug Corruption in Undercover Agents: Measuring the Risk. Behavioral Sciences and the Law, 9, 361-370.
Girodo, M. (1997) Undercover Agent Assessment Centers: Crafting Vice and Virtue for Impostors. Journal of Social Behavior and Personality, 12(5), 237-260.
More than replacing a Code of Ethics, solutions to the issue might revolve around simply understanding, adopting, and enforcing codes that are already in place. For instance, the IACP code of ethics for law enforcement has four major themes that would clearly handle most situations: 1) Fairness towards everyone -- the public, clients, the accused, colleagues, etc. Fairness also implies the maxim of not using one's power to take advantage of the public (e.g. bribes for service, etc.); 2) Service -- Public service is a calling -- the community holds law enforcement personnel to a high standard, and expects service to be part of the regular job description; 3) Importance of the law -- Upholding the Constitution or the statues of the law that are mandated by the profession, and; 4) the importance of personal conduct -- law enforcement professionals must hold a standard of behavior that is consistent and…
Banks, J. (2004). The Importance of Ethics in Criminal Justice. Thousand Oaks, CA: Sage. Retrieved April 2013 from: http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf
Chery, D. (May 7, 2009). Judges on Wrong Side of the Law. CBS News. Retrieved April 2013 from: http://www.cbsnews.com/stories/2003/08/04/national/main566433.shtml
IIT (Illinois Institute of Technology. (2012). Center for the Study of Ethics in the Professions. Ethics.itt.edu. Retrieved April 2013 from: http://ethics.iit.edu/
Pollock, J. (2012). Ethical Dilemmas and Decisions in Criminal Justice. Belmont, CA: Wadsworth.
The two should know better but their emotions got the best of them. In this case I would myself (or ask another person who knows the two) pull one of the two aside gently but firmly and ask that he take a deep breath and not cause commotion to the point where we all suffer. I would say, "Take a break guy, please cool your jets for a few moments because you are causing all of us to be distracted from what we are supposed to be doing here. You're forcing us to be involved and we aren't part of your problem, so please, quiet down…"
If that wouldn't work, the next step of course is to notify the supervisor or foreman that we need help -- or to follow company policy in whatever form is required in that situation.
Who are my heroes?
I don't have any "heroes" in…
Criminal justice research presents a unique set of ethical challenges. Two of the most significant ethical challenges include the need to protect participant confidentiality, and the need to pursue research that promotes social justice. Lowman & Palys (2001) analyze some of the ethical and legal threats to confidentiality, showing how criminal justice researchers can balance their legal and ethical obligations with their commitment to research efficacy, validity, and reliability. Nouwen (2014), on the other hand, is concerned with the research questions and methodologies used to investigate issues related to social justice, advocacy, and human rights. Both of these are important issues to consider when designing and applying criminal justice research.
Criminal justice research frequently involves situations in which participants divulge sensitive information about a crime they were involved in, a crime they witnessed, or a criminal justice procedure they participated in such as the arrest or processing of an offender.…
Is discretion ethical?
Not only is police discretion ethical, but it is absolutely essential if police are to be expected to perform their functions effectively. Without discretion, police would, for one example, be duty-bound to conduct a traffic stop of every vehicle that changes lanes without signaling and to issue a summons to every pedestrian who crosses the street against the light (Schmalleger, 2008). On the other hand, it has become common practice for police to misuse their discretion to enforce the law preferentially, especially in connection with traffic stops of off-duty officers (Schmalleger, 2008).
Define the differences between "grass eating" and "meat eating" among officers.
According to the Knapp Commission that coined the term, "grass-eaters" are officers who accept (or even solicit) gratuities in minor ways and largely as a function of learned institutional culture (Schmalleger, 2008). Meanwhile, "meat-eaters" are officers who actively pursue major corrupt initiatives and who…
Delattre, E. (2006). Character and Cops: Ethics in Policing. Washington, DC: AEI Press.
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
Century. Hoboken, NJ: Prentice Hall.
Zalman, M. (2008). Criminal Procedure: Constitution and Society New Jersey: Prentice
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" of the nature described in Hudson would not trigger the exclusionary rule (Schott, 2006)..
Ultimately, as constitutional criminal procedure developed since Mapp, a balance arose between the need to safeguard the constitutional rights of the accused with the need to preserve the admissibility of evidence when violations associated with its procurement do not rise to the level necessitating its exclusion. More than any other factor, this balance also allowed police the appropriate freedom to perform their assigned function of preventing crime, apprehending criminal suspects, and collecting evidence without having to compromise their ethics and violate their sworn oaths to do so effectively.
Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed…
Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed September 15, 2007, at http://www.soc.umn.edu/%7Esamaha/cases/cloud_dirty_secret.html
Foley, M. (2000) U.S. Department of Justice, Police Perjury: A Factorial Survey. Accessed, September 15, 2007, at http://www.ncjrs.gov/pdffiles1/nij/grants/181241.pdf
Hendrie, E. (1997) FBI Law Enforcement Bulletin, the Inevitable Discovery Exception to the Exclusionary Rule. Accessed September 15, 2007, at http://www.fbi.gov /publications/leb/1997/sept697.htm' target='_blank' REL='NOFOLLOW'>
But there more to the personal side for Duke Cunningham, for doling out contracts was more than a matter of choosing the most qualified and lowest priced as mandated by federal rules. It was also a matter of choosing the contractor that could provide the most for him. The white collar criminal always looks to personal advantage. Lobbyists, like the now-convicted Mitchell Wade, helped steer paying clients to Cunningham. In exchange for a $21 million dollar contract from the Department of Homeland Security, a limousine company also furnished personal services to the Congressman, including the transport of "escorts" for Cunningham's personal pleasure. (ozen, 2006)
Cunningham also pleaded guilty to accepting $2.4 million dollars in bribes from actual defense contractors. The congressman actively sought out contacts in the defense world, boasting that, "I feel fortunate to represent the nation's top technological talent in the 'black' world.... [and] appreciated the opportunity to…
Grigg, W.N. (2006, February 6). Power Brokers: Jack Abramoff Brought Together Corrupt Politicians, the Criminal Underworld, and the Global Power Elite. The New American, 22, 21+.
Lanier, M.M., & Henry, S. (1998). Essential Criminology. Boulder, CO: Westview Press.
There were actually more cars stolen during the sting operation than in the same time frame the previous year. While much stolen property was discovered, the public's perception of the police department and their ethics may have been damaged by the sting operation, and as the study notes, it can also actually lead to more organized crime groups, retaliatory violence, and even overzealous policing (Langworthy, 1989, pg. 43). Thus, this may forward the organizational goals of the department to solve more crimes and recover more stolen cars, but in this case, the sting operation really backfired. It cost more to complete than in the vehicles recovered, and the police department got a bad public perception because of the sting. The organization did not weigh the disadvantages of the policy, and so, it was a bad policy decision that cost the organization in the end, in both perception and function.
Langworthy, R.H. (1989). Do stings control crime? An evaluation of a police fencing operation. Justice Quarterly, Vol. 6 No. 1, 27-45.
Professor Dershowitz (among others) have suggested that the ethical arguments against torture may be outweighed where: (1) the magnitude of harm at issue is great enough, (2) the suspect is known to be in possession of the information necessary to neutralize that harm, and (3) the use of torture is absolutely restricted to those cases. The ethical justification is that in the modern age of, biological, chemical, and nuclear weapons of mass destruction (WMD), the safety of millions of civilians threatened by the use of WMDs outweighs any moral obligation to a single individual involved in such attacks (Dershowitz, 2002).
In such cases, a judicial authorization of a torture warrant is appropriate, pursuant to the satisfaction of common principles and criteria (i.e. probable cause), simply because any moral concern for the rights of those involved in planning large-scale terrorist attacks against civilians is far outweighed by the moral concern for…
Dershowitz, a.M. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
Towards this, the ethical principles put forward by German philosopher Immanuel Kant provide useful starting points for the debate. In his categorical imperative, for example, Kant argued that ethical principles must be both logical and must be applied to all. For a criminal justice worker, a law stating that it is okay to steal would be unethical, because if everyone stole from each other, then there would be nothing left to steal, according to Kant's logic. Also, a law stating that it is okay only for corporate executives to steal fails the second part of Kant's categorical imperative. To be ethical, the law against stealing must be applied to all thieves, whether they steal a $5,000 car or, in the case of Enron's Ken Lay, millions worth of employee pension funds.
This example illustrates how an ethical core would assist a criminal justice worker in evaluating ethical behavior. In summary,…
Describe and apply the rules used in handling bomb threats:
The first concern is to protect the public by cordoning off the area immediately.
Both local and federal authorities should be contacted immediately so that appropriate bomb squad and hazmat resources can be allocated to the scene.
Describe the significance of 9/11 in changing the face of security:
The attacks of 9/11 fundamentally changed the face of U.S. security concerns to focus primarily on domestic threats of terrorism perpetrated by foreign-based Islamic militarism.
Identify security trends that will impact the security field over the next 10 or more years:
In the next decades, there is a distinct risk that terrorists will acquire fissile materials for incorporation into nuclear devices. Combined with Osama bin Laden's expressed intention to orchestrate a "nuclear holocaust" on the U.S., this may be the most serious threat to American domestic security in the near future.
Dershowitz, a. (2002) Why Terrorism Works: Understanding the Threat, Responding to the Challenge. New Haven, CT: Yale.
Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd Edition. Cincinatti, OH: West Legal Studies.
Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall
One of the primary justifications for affirmative action in higher education has been that the Scholastic Aptitude Test (SAT) and other similar tools used to determine academic potential at the college and post-graduate level reflect a cultural bias in their makeup that benefits non-minorities. Even to whatever extent that may have been true when affirmative action programs were first conceived, opponents of affirmative action in education point out that the appropriate solution to that situation is to simply reconfigure the tests rather than to continue using the same flawed tests and then overcompensate after the fact (Halbert & Ingulli, 2007).
In education in particular, one of the effects of affirmative action in admissions is that it harms those minority students who would have qualified for admission without any artificial assistance. Specifically, public awareness of affirmative action in college admissions means that even the most highly qualified students of minority persuasion…
Halbert, T., Ingulli, E. (2007). Law & Ethics in the Business Environment. Cincinnati: West Legal Studies. Healey, J.F. (2003). Race, Ethnicity, Gender, and Class: The Sociology of Group Conflict and Change. Thousand Oaks, CA: Pine Forge.
Schaefer, R.T. (2002). Racial and Ethnic Groups. New York: Harper Collins.
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall.
S. (Bluhm & Heineman 2006: 124). As a result of surveillance activities carried out under the U.S. Patriot Act, they were apprehended, although other than a vague email there was no evidence of any planned attack (Bluhm & Heineman 2006: 124). They were originally accused of knowing about the 9/11 terror plot (Temple-aston 2007:2).
According to Temple-aston, "many people ask me why the United States hasn't been hit again. The FBI would tell you that its vigilance has prevented additional attacks; the Department of Homeland Security would add that our borders are better protected and that terrorists are better tracked. To some extent, that's true. But it's also important to note that the relationship between U.S. law enforcement and the American Muslim community has improved significantly. They increasingly share information, which lets law enforcement get leads on homegrown terrorism suspects early on and stop plots before they get beyond the…
Bluhm, William & Robert Heineman. (2006). Ethics and public policy. Prentice Hall.
Temple-Raston, Dina. (2007, September 7). Enemy within? Not quite. The Washington Post.
Retrieved October 22, 2010 at http://www.washingtonpost.com/wp-dyn/content/article/2007/09/07/AR2007090702049.html
Criminal Justice Organization and Management: The Paramilitary Model Adopted by Police Organizations
The paramilitary model provides a degree of discipline and training to police officers that they might not otherwise obtain. The paramilitary model not only gives law enforcement officers the knowledge and skills regarding how to use force in an effective manner, it also gives police a type of professionalism that helps them to be more organized and opposed to corrupting influences (Potter, 2013). I believe that the paramilitary model adopted by police organizations is effective in some ways but has its limitations in others. For that reason, I think that it should be balanced out by a model of policing that takes into account the fact that police are not engaged in a military campaign against an enemy but are actually working among civilians in communities and are there to serve and protect them. Because police are…
They may be sold to another owner after they arrive, and since most agreements are verbal, they are easily broken. Another startling fact in human trafficking is how many victims enter the trade willingly, because of the need to provide income for their families. esearchers Cwikel and Hoban note this is especially true in ussia, where many former Soviet Union countries have privatized education and health care facilities. ussian women often enter the sex trade via trafficking as a way to earn wages for education and health care expenses for the rest of their family. Often, victims come from poor, third-world countries. esearcher Miller states, "Desperate and gullible populations, especially in developing and transitioning countries, are susceptible to the promises made by recruiters (including family members) of a better life in another place, especially promises of paid work, marriage, or domestic service" (Miller). Thus, the practice preys on the most…
Cwikel, Julie, and Elizabeth Hoban. "Contentious Issues in Research on Trafficked Women Working in the Sex Industry: Study Design, Ethics, and Methodology." The Journal of Sex Research 42.4 (2005): 306+.
Matthews, Stacey. "International Trafficking in Children: Will New U.S. Legislation Provide an Ending to the Story?." Houston Journal of International Law 27.3 (2005): 649+.
Miller, John R. "Slave Trade: Combating Human Trafficking." Harvard International Review 27.4 (2006): 70+.
Morals of Criminal Justice
Examine the moral requirements of criminal justice. In your analysis examine the issues of authority, power, and discretion. In addition, examine the role of individual behavior and how it reflects on institutional morality and how the code of conduct impacts individual behavior. Defend your answer with research.
In criminal justice, ethics and morals determine the standard of fairness by enabling professionals to; i) develop the reasoning abilities and analytical skills needed for the execution of their duties, ii) recognize the moral principles and ethical consequences of an action, iii) adequately make decisions involving due process, force, and discretion, iv) make adequate decisions regarding deterrence and rehabilitation, and v) effectively engage in criminal justice research (Williams & Arrigo, 2011). Criminal justice professionals face numerous moral dilemmas in the execution of discretion, power and authority.
Legislators have the discretionary power to criminalize behavior and have to use moral/ethical…
Williams, C.R. & Arrigo, B.A. (2011). Ethics, Crime, and Criminal Justice (2nd ed.). Upper Saddle River, NJ: Pearson Education Inc.
The cases only took approximately four to five minutes implying to an unseen assembly line of justice. The study also brought to light the fact that minority cases from outside New York were listened to by an all white jury (Ingram, 2009).
The other part of the criminal justice system that witnessed high levels of racial prejudice is the correctional departments. Discrimination has been witnessed in the way prisoners of colour have been treated. Black inmates are less likely to get early release date compared to the white prisoners as they find it hard to find acceptable addresses that is crime and drug free. Whites have several options of where to stay compared to blacks thus a black prisoner is forced to stay longer in prison waiting for final release date. Convicts from minority groups have stiffer penalties for having conflicts with white convicts than with fellow blacks. This is…
Banks, C. (2004). Criminal justice ethics: theory and practice. london: SAGE.
Ingram, D. (2009). Law: key concepts in philosophy. New York City: Continuum International Publishing Group.
Prison Activist Resource Center (2002). No date. Racism Fact Sheets: "African-Americans and the Criminal Injustice System." See
Schmid, T (2008).Definition of Racism. Journal of Applied Philosophy
Ethics in Law Enforcement
"Sometimes [police officers] may, and sometimes may not, lie when conducting custodial interrogations. Investigative and interrogatory lying are each justified on utilitarian crime control grounds. Police are never supposed to lie as witnesses in the courtroom, although they may lie for utilitarian reasons similar to those permitting deception & #8230;" (Skolnick, et al., 1992)
Is it ethical for law enforcement officers to use deception during the interrogation process? It appears that when officers are attempting to extract a confession from a suspect, deception is, in many cases, commonly applied strategy. Does a code of ethics conflict with the way in which law enforcement conducts its interviews and interrogations? hat do the courts say about deceptive interrogation tactics? These issues will be reviewed in this paper.
Deception in the Interrogation Room
Is it ethical to lie to obtain the truth? No. Do the ends justify the means?…
Braswell, Michael C. (2011). Justice, Crime, and Ethics. Maryland Heights, MO: Elsevier.
Leo, Richard A. (2009). Police Interrogation and American Justice. Cambridge, MA: Harvard
McMullen, Patrick M. (2005). Questioning the Questions: The Impermissibility of Police
Deception in Interrogations of Juveniles. Northwestern University Law Review, 99(2),
Criminal Justice Policy Practice Determine Morality
Higher Than Utilitarianism
The passing and reformation of the Anti-Drug Abuse Act, also known as the so-called "crack law," is one of the most controversial pieces of legislation to be considered within the criminal justice system and its policy during the past two years. There are several aspects of this legal mandate that present a plethora of interesting situations and questions in regards to the morality of this particular issue, which has been at the forefront of mass media outlets ever since there were significant amendments passed to it in 2010. Interestingly enough, a fair amount of those changes may be attributed to the notion of morality revolving around this legal code, which was largely responsible for the rapid and prolonged imprisonment of minorities -- particularly African-Americans and Latino offenders. One of the most efficacious means of determining whether such a law may be…
Bentham, Jeremy. "Offenses Against One's Self: Paederasty Part 1." Journal of Homosexuality. Volume 3 (4). 389-406. 1978. Print.
Benthan, Jeremy. An Introduction To The Principles Of Morals And Legislation. Oxford: Clarendon Press.
Kosman, Maxwell Alie Halpern. "Falling Through The Crack: How Courts Have Struggled to Apply The Crack Amendment To "Nominal Career" And "Plea Bargain" Defendants." Michigan Law Review. Volume 109. 785-812. 2011. Web. http://www.michiganlawreview.org/assets/pdfs/109/5/kosman.pdf
Hartley, Richard., Maddan, Sean., Spahn, Cassia. "Prosecutorial Discretion: An Examination of Substantial Assistance Departures in Federal Crack-Cocaine and Powder-Cocaine Cases." Volume 23. Issue 3 382-407. 2007. Web. http://www.tandfonline.com/doi/abs/10.1080/07418820701485379
Criminal Justice Managers
Discuss the three ways leaders can manage ethical behavior in their organizations. Provide at least one example from a current law enforcement agency that supports your discussion.
Three ways that leaders can manage ethical behavior inside their organization include: training, policies / codes and accountability. In the case of training, supervisors can teach personnel the most effective procedures for addressing a variety of challenges they will face on a daily basis. This helps to prepare them for the issues they will encounter and how to respond in way which is taking into account the needs of stakeholders. (Barker, 2011) oss, 2011)
Policies and codes are establishing ethical practices inside any law enforcement agency. This is because these guidelines let everyone know what kind of behavior is acceptable and the consequences they will face when they deviate from it. These areas are providing a foundation for determining the…
Barker, T. (2011). Police Ethics. Springfield, IL: Charles Thomas.
Ross, J. (2011). Policing Issues. Sudbury, MA: Jones and Bartlett.
Seelke, C. (2009). Gangs in Central America. Washington DC: Diane Publishing.
Vodde, R. (2009). Andragogical Instruction for Effective Police Training. Amherst, NY: Cambria Press.
Week 1 Discussion
Decision making in large organizations can be difficult to properly grasp because its characterized by numerous issues that emerge within the organization. Quantitative and qualitative decision making processes in public finance are similar in the sense that they are utilized to analyze data relating to budget management and other relevant issues. These processes in turn help in effective decision-making with respect to the desired objectives. However, quantitative decision-making process is based solely on empirical data while qualitative decision-making is based on a more holistic perspective. An example of qualitative observation is police testing of new, less lethal gun technology through consideration of the cost benefit analysis (CBS, 2015). On the contrary, an example of quantitative observation is the big budget cuts by state leaders through consideration of empirical data (News9.com, 2010).
Quantitative decision-making seemingly takes precedence in budgeting and issues affecting criminal justice agencies. Quantitative decision-making provides…
Queen v. Dudley, a group of sailors were hired to captain a yacht from Essex, England to Sydney, Australia. Dudley was the captain, and Stephens, Brooks, and Parker were his mates and seamen. When The Mignonette capsized, the four men climbed aboard the lifeboat dinghy but had no water or supplies. Several weeks into the ordeal, Captain Dudley suggested that one of the men be sacrificed as a food source for the others so that at least three of them might remain alive rather than having them all die. Dudley first suggested they draw straws to see who would be chosen, but then decided that Parker, one of the seamen aboard, showed signs of sickness and would make an ideal candidate for sacrifice. Dudley killed Parker and the three other men ate Parker's body until they were rescued several days later. When the men returned home to England, they were…
60 Minutes. "Evidence of Innocence: The Case of Michael Morton." Retrieved online: https://www.youtube.com/watch?v=rcyYCJZ5JTI
This American Life. 414: Right to Remain Silent. Retrieved online: http://www.thisamericanlife.org/radio-archives/episode/414/transcript
"The Mignonette, 1884 (Queen v. Dudley)."
Schwartz, J. (2014). Evidence of Concealed Jailhouse Deal Raises Questions About a Texas Execution. The New York Times. Feb 27, 2014. Retrieved online: http://www.nytimes.com/2014/02/28/us/evidence-of-concealed-jailhouse-deal-raises-questions-about-a-texas-execution.html
.....personal ethics derive from a combination of established codifications of moral conduct, such as those embedded in political documents or in religious scripture, but also from my personality, my upbringing, and my worldview. I tend towards a utilitarian point-of-view, in that I do believe that the consequences of actions are more important than worrying about whether an action is inherently right or wrong. I also believe that there are situational variables that make true deontological ethics almost impossible to apply universally and without hypocrisy. Although I make some decisions based on the principle of doing the maximum amount to good for the maximum number of people, I also recognize the importance of a strong ethical character when making decisions "Six Ethical Theories Rough Overview," n.d.). This is why I believe that there can be no one ethical theory that encompasses all situations. A person who has a strong ethical character,…
Going by history, the chain gangs found in America were mostly used as tools for humiliating, controlling and terrorizing the African-Americans. The chain gang reappeared in 1995 as a type of punishment in Alabama prisons, thus bringing back to life one of the most shameful and powerful symbol of America's bequest of institutionalized ethnic subjugation and racial prejudice. The 8th Amendment prohibits all punishments that are not in agreement with the evolving decency standards that exhibits the growth of an emergent civilization. Slavery was not abolished immediately as a consequence of implementation of the 13th Amendment.
Despite the constitutional provisions for the total prohibition of slavery; the remnants of slavery could still be found in several economic, political and social contexts. Under the disguise of criminal justice, slavery was almost unashamedly re-implemented. Before the 13th Amendment saw the light of the day, repressive labor practices were introduced into…
Anderson, J.F., & Dyson, L. (2000). Alabama Prison Chain Gangs: Reverting to Archaic Punishment to Reduce Crime and Discipline Offenders. Western Journal of Black Studies, 24(1), 9.
Haley, S. (2013). "Like I Was a Man": Chain Gangs, Gender, and the Domestic Carceral Sphere in Jim Crow Georgia. Signs: Journal of Women in Culture & Society, 39(1), 53-77.
Guttierrez, A. (2013). Sufferings peculiarly their own: the thirteenth amendment, in defense of incarcerated women's reproductive rights, 15 Berkeley J.Afri.-Am. L. & Pol'y.
Banks, C. (2004) Criminal justice ethics: theory and practice. SAGE.
Criminal justice researchers are usually faced with numerous anecdotal data that is supported with relatively little to no empirical support. In order to effectively explore nuances of the issues that face the society with regards to law enforcement, criminal justice researchers tend to rely on empirical data, which is considered useful. The dependence on empirical data in criminal justice is evident in the fact that most of the existing criminology journals are quantitative as compared to qualitative studies (Jacques, 2014). Empirical research data is data obtained from direct and indirect observation of a complex social issue whereas anecdotal data is data obtained from someone else's observation or experience of an issue. In the criminal justice field, empirical research data is used to inform evidence-based practices in this field because it's based on well-designed analytical approaches and studies. In some cases, empirical research evidence is used to confirm anecdotal data as…
The importance of ethics in the criminal justice field cannot be overemphasised. All participants must portray acceptable moral conduct for positive criminal justice outcomes to be achieved (Braswell, McCarthy & McCarthy, 2008). This is particularly true for correctional institutions, a major component of the criminal justice system. Correctional authorities play a crucial role in rehabilitating offenders and facilitating their transition back to the society. The role places huge ethical demands on correctional personnel. This paper outlines ethical requirements for correctional officers. First, a comprehensive job description of correctional officers is offered, along with the key stakeholders they work together with in the fulfilment of their day to day duties and responsibilities. Next, a number of practical work scenarios where ethical decision making is required are highlighted, with an evaluation of the relevance of theoretical perspectives to the scenarios. Finally, a code of ethics and best-practices checklist relevant for correctional officers…
Criminal justice is an inherently ethical profession. The judiciary ostensibly crafts laws that reflect the ethical sensibilities and social norms of the society, which are often embedded in the American Constitution. The role of the criminal justice system is to ensure that local, state, and federal laws are applied and enforced in a manner consistent with constitutional and regional codes. Issues like the equal protection clause are also ethical matters. The core objective of the criminal justice system is built on ethical responsibility: the ethical responsibility of the system to its main stakeholders, which is the American people.
However, there are also ancillary ethical issues associated with criminal justice that are not codified. Such issues are often linked with ambiguities and philosophical complexities. Applying criminal justice ethics entails sensitivity and awareness to prevailing political and social climates. Among the most pressing ethical issues in criminal justice include those related…
American Civil Liberties Union (2012). Racial profiling. Retrieved online: http://www.aclu.org/racial-justice/racial-profiling
Banks, C. (2012). Criminal Justice Ethics. Sage.
Block, W.E. & Obioha, V. (2012). War on black men: Arguments for the legalization of drugs. Criminal Justice Ethics 31(2): 106-120.
Harfield, C. (2012). Police informers and professional ethics. Criminal Justice Ethics 31(2): 73-95
Ethical Concerns in Criminal Justice: Police Brutality
In the field of criminal justice, it is important to be mindful of the moral or ethical problems which might arise. In a perfect world, police officers, prosecuting attorneys, judges, and juries would always act above board and with the singular interest of seeking out justice. However, this is a highly imperfect world and every society has had an incidence at some point in their history wherein someone abused their position in the process of criminal justice for their own ends. Those involved in criminal justice must be ever mindful of these past abuses and keep a watchful eye on their cohorts to ensure that the occurrence of similar unethical behaviors is kept to a minimum in the future. One of the most controversial aspects of criminal justice in recent years has been the question of police brutality and the consequences of officer's…
Byers, B. (2002). Ethics and criminal justice: some observations on police misconduct. Crime and Justice International. Sam Houston University, Texas. (18:68).
Krupanski, M. (2012). Policing the police: civilian video monitoring of police activity. Global Minds.
Locke, H. (1966). Police brutality and civilian review board: a second look. 625.
Skolnick, J. (1995). Community-oriented policing would prevent police brutality. Policing the Police. Greenhaven: San Diego, CA. 45-55.
As part of my studies in terrorism and homeland security which were a requirement of my military service, I have come to understand the need for strong intelligence, culturally-astute law enforcement, and effective security protocols when dealing with threats from within as well as from without.
Homeland security remains one of the most vitally necessary components of law enforcement, as seen by the recent alerts raised regarding potential terrorist attacks threatening our nation's major cities. The exciting aspect of this field is that it is constantly changing -- just as America's enemies are always looking for new ways to attack the U.S., law enforcement officials within this specialty must have a flexible and open-minded approach, so they too can change with the needs posed by the environment. I would like to have a substitutive impact in terms of my future career, and I believe that I have the potential to…
esearch reveals that those who kill white victims are much more likely to receive the death penalty than those who kill black victims. One study found that for similar crimes committed by similar defendants, blacks received the death penalty at a 38% higher rate than all others (Dieter, 1998).
It is significant to note that the death penalty is more likely to be imposed on men than woman. Death sentences and actual executions for female offenders are rare in comparison to such events for male offenders. Woman account for 10% of the murder arrests, 2% of the death sentences imposed at the trial level, 1.7% of the persons presently on death row, and 1% of the persons actually executed since 1973 (Streib, 2010).
States vary enormously in the quality of representation they provide to indigent defendants. The quality of legal representation is related to the arbitrary application of the death…
"Arbitrariness." (2010). Arbitariness. Death penalty information center. Retrieved March 19, 2012 from http://www.deathpenaltyinfo.org/arbitrariness
Bae, S. (2008, April). The death penalty and the peculiarity of American political intstitutions. Human rights review. Vol. 9, Issue 2, 233-240. March 19, 2012 from http://web.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=3&hid=14&sid=2084aad1-6139-48ee-b3b3-c8fb24b54fca%40sessionmgr12
Baumgartner, F.R. & Richardson, R.J. (2010, October 10). The geography of the death penalty. University of North Carolina at Chapel Hill. Retrieved March 20, 2012 from http://www.unc.edu/~fbaum/Innocence/NC/Baumgartner-geography-of-capital-punishment-oct-17-2010.pdf
Dieter, R.C. (1998). The death penalty in black and white. Death penalty information center. Retrieved March 19, 2012 from http://www.deathpenaltyinfo.org/death-penalty-black-and-white-who-lives-who-dies-who-decides
Industries that face stiff competition may favor and encourage an aggressive approach from employees that produces rapid results, rather than thoughtful, strategic action. When the gains cannot be realized in the desired time frame, there is a temptation to implement short cuts; resulting in fraud." (Price; Norris, 2009) That however is not a justification, although it prompts some regulations on the way industries operate.
The Law Catches Up
Today the criminal justice system responds to corporate crime much better than before. This is because earlier the scams were an unknown commodity in Australia and it was a U.S. phenomenon. Globalization changed that and now, according to the National Crime Prevention office in Australia the fraudster type of activities in firms were classified as fake billing and invoicing, investments and money chain scams, advance fee frauds, borrowing from the public as in ponzi type scams, the pyramid and money chain, insolvency…
Braithwaite, John. (1992) "Penalties for White-Collar Crime"
Retrieved 28 July, 2012 from http://www.anu.edu.au/fellows/jbraithwaite/_documents/Articles/Penalties_White_1992.pdf
Braithwaite, John. (1985) "White Collar Crime" Annual Review of Sociology vol. 11, no. 1, pp: 1-25.
"Definition of white collar crime" (from the scanned reference mailed by client -- book title not clear) Please insert book title here
He still had his sights set on becoming a police commissioner and he was willing to work his way up to the title. An important lesson that his story tells us is that when you have done all that you can in a position and are satisfied with your accomplishments, it is time to move on to the next challenge. This is how we grow and learn to be leaders and Bratton is an excellent example of this. After his accomplishments at the MBTA, he went on to accept the position as superintendent of the Metropolitan Police (Mets). Bratton describes the Mets as one of the worse police departments in America with no direction or vision for the future. One again, Bratton was willing to get his hands dirty and get out on the streets with the cops and find out exactly what they were dealing with as well as…
Bratton, W.J., & Knobler, P. (1998). Turnaround: how America's top cop reversed the crime epidemic. New York: Random House.
Community esponse to ace and Criminal Justice
The Georgia Department of Juvenile Justice (DJJ), in Decatur, GA was chosen for this assignment. The department is responsible for serving the state's youth offenders up until the age of twenty-one. The organization's mission as stated on their web page is: "Our Mission is to protect and serve the citizens of Georgia by holding young offenders accountable for their actions through the delivery of services and sanctions in appropriate settings and by supporting youth in their communities to become productive and law-abiding citizens" (http://www.djj.state.ga.us/AboutUs/AboutUsOverview.shtml). Cathy Dravis, the Juvenile Program Manager was interviewed. Below is a summary.
When asked how they view the issue of the disproportionate amount of African-American males arrested for drug distribution vs. Caucasian and Hispanic males, the response was that the person's environment that they grew up in plays a large role in shaping their adult lives. Many…
DJJ - About Us. (n.d.). DJJ Internet Home. Retrieved May 16, 2012, from http://www.djj.state.ga.us/AboutUs/AboutUsOverview.shtml
Grunwald, H., Lockwood, B., Harris, P., & Mennis, J. (2010). Influences of neighborhood context, individual history and parenting behavior on recidivism among juvenile offenders. Journal of Youth & Adolescence, 39(9), 1067-1079. doi:10.1007/s10964-010-9518-5
Ryberg, J. (2011). Racial profiling and criminal justice. Journal Of Ethics, 15(1/2), 79-88. doi:10.1007/s10892-010-9098-3
Western, B. (2010).Decriminalizing poverty. Nation, 291(26), 12-14.
Culural Competence |
Cultural Competence in the Criminal Justice System
Culture determines people's experiences of their world. It is important in the reception and delivery of services. Cultural competence starts with knowing your cultural practices and beliefs, and recognizing the different practices and values of people from different cultures. This goes beyond speaking a different language, or just acknowledging a different group's cultural icons. Cultural competence involves changing your biases or prejudgments on a different people's cultural traditions or beliefs (Continuing Education Online, 2002-2016).
Cultural competence, therefore, can be described as a group of attitudes and behavior within a culture. These attitudes and behavior are incorporated into the methods of practice of an agency, system or its experts, and helps them work productively under cross-cultural circumstances. To successfully achieve cultural competency, knowledge about groups and individuals must be incorporated and translated into certain practices and rules applied in suitable cultural…
Center for Substance Abuse Treatment. (1998). Case Management for Clients With Special Needs. Retrieved August 7, 2016, from National Center for Biotechnology Information: http://www.ncbi.nlm.nih.gov
Continuing Education Online. (2002-2016). Cultural Competency and Diversity. Retrieved August 7, 2016, from Continuing Education Online: http://www.getceusnow.com
Otu, N. (2015). Decoding Nonverbal Communication In Law Enforcement. Salus Journal, Issue 3, No. 2, 1-16. Retrieved from Salus Journal: http://www.salusjournal.com
Patel, S. (2016). Cultural Competency Training: Preparing Law Students for Practice in Our Multicultural World. Retrieved August 7, 2016, from UCLA Law Review: http://www.uclalawreview.org