2. Why Study Ethics?
Ethical issues exist in all areas of criminal justice system
(from passage of laws to punishment)
Learning how to determine the “right thing to do” is
critical
Criminal justice professionals have varying degrees of
discretion, authority, and power
Criminal justice professionals encounter a multitude of
situations in which they must make choices that affect
people’s lives
3. discretion The power and
authority to make a choice between
two or more options.
Legislators: in making laws and determining punishment
Police: in enforcing laws
Attorneys and Judges: affecting justice process
Correctional Professionals: affecting offenders lives
4. What do criminal justice
professionals have in common?
power to make decisions
duty to enforce the law
obligation to provide “due process” and
“equal protection” for all
commitment to “public service”
6. Ethical Demands on Public
Servants
(Edwin Delattre)
• Wisdom
• Good character
• Balanced perception
• Integrity (habits of justice, temperance,
courage, compassion, honesty, fortitude, and
disdain for self-pity)
7. SOURCE: Adapted from Josephson Institute of Ethics, Preserving
the Public Trust, available through www.josephsoninstitute.org
1. Public Service
• Treating the office as a public trust
1. Objective Judgment
• Free from conflict of interest
1. Accountability
• Open decision making
1. Democratic Leadership
• Letter/spirit of the law
1. Respectability
1. Avoiding appearance of impropriety
Principles of Public Service
Ethics
8. Goals of the study of ethics
-Braswell
• Become aware of and open to ethical issues
• Begin developing critical thinking skills
• Become more personally responsible
• Understand coercive element of the justice
system
• Develop wholesight (the ability to explore with
one’s heart as well as one’s mind)
9. We Study Ethics…
• Because criminal justice is uniquely involved in
coercion (there are many and varied opportunities
to abuse power).
• Because all criminal justice professionals are
public servants and, thus, owe special duties to
the public they serve.
• To sensitize students to ethical issues and provide
tools to help identify and resolve dilemmas they
may face in lives.
10. Defining Terms
morals The judgment of behavior as right or wrong.
• The term “moral” is often used as an adjective to describe
a person’s actions.
ethics The study and analysis of what constitutes good or
bad conduct.
• The term “ethics is often used as an adjective to refer to
behaviors relating to a profession (Example: Hippocratic
Oath for physicians).
* The two words are often used interchangeably.
11. Why Are Certain Behaviors
Considered Criminal?
• Public safety is usually the reason given
• In other cases, morality is used for
determining which behaviors should be illegal
(Examples: Drugs, gambling, prostitution,
and same-sex marriage)
• How do legislators use their discretion to
balance the rights of ALL people?
12. Same-
Sex
Marriage
Example
• Currently eight states allow
same-sex marriage
• How do legislators
determine what “the right
thing to do” is?
• What do you think
legislators should do?
Why?
• Does your state permit
same-sex marriage?
13. Defining Terms
meta-ethics Technical investigation of the meaning of
ethical terms, as well as how ethical statements can be
verified.
normative ethics Definition of right conduct and moral
duties.
applied ethics Application of ethical principles to specific
issues or fields.
professional ethics Examination of the behavior of certain
professional groups.
14. Defining Terms
duties Moral obligations that one must carry out to
be considered ethical.
supererogatory An act that goes beyond duty and
is not required to be considered good or moral.
imperfect duties General obligation with no specific
acts.
15. Sheriff
Landon
T. Smith
- 2009
• Served as sheriff in Noble County,
Ohio for 36 years
• Convicted of a felony count of
unlawful interest in a public contract
and a misdemeanor count of conflict
of interest (for nepotism and using
prisoners to perform labor at his
properties)
• How did he fare in the local court of
public opinion ?
• What ethical violations did he commit?
16. values Criteria of desirability,
worth, or importance.
• Honesty
• Health
• Family
• Financial success
• Beauty
What else are values?
Are some more important than others?
17. Example of
Agency
Values:
Core
Values of
the Ohio
State
Highway
Patrol
• Honesty
• Sense of urgency
• Attention to detail
• Team oriented
• Professionalism
• Adaptability
• Self-discipline
• Performance driven
• Officer Safety
18. To be judged moral or
immoral,
behavior must involve:
human acts
of free will
affecting others.
19. Michael
Vick
• 2007
• Convicted for conspiracy in an
interstate dog-fighting operation
• 70 dogs involved
• Pled guilty and received 21
months in federal prison
• After his release, signed by
Philadelphia Eagles
• Was his behavior ethical?
• Discuss different views
20. Inventory of
Ethical Issues
Individual or Other Employees
backstabbing and lack of support
gossip
sexual or racial harassment
lying to cover up blame
taking credit for others’ work
sexual or racial harassment
21. Organization and Employees
sexual or racial harassment by
supervisors
discouraging honest criticism or feedback
arbitrary or unfair decisions
inadequate compensation
inadequate training
unrealistic or inappropriate demands
putting employees in unnecessary danger
22. Cass
County
Judge
Accused of
Sexual
Harassmen
t - 2012
• Judge is accused of creating an
uncomfortable work environment for a
female court employee.
• Allegations unfolded after judge
expressed negative issues regarding
the victim's performance.
• The Supreme Court says it legally
could not charge the judge, as he is
an elected official and not an
employee.
• What ethics did he violate?
23. By the Individual and
Organization
work ethic (day’s work for a day’s pay)
petty theft of supplies or cash
overtime abuse
gifts and gratuities
falsifying reports
misuse of sick days
personal use of supplies or equipment
24. Morality and Behavior
Even when people know what is right,
sometimes they choose to do wrong—why?
• Criminology (learning, role modeling, & biological
predisposition)
• Psychology
• Other fields seek to answer this question
• Are people fundamentally good or fundamentally
bad?
25. Thinking
Point
Omar Thornton of Connecticut
walked into his employer, Hartford
Distributors, for a hearing
concerning his possible
termination. During the meeting,
Thornton pulled out a pistol and
shot ten of his coworkers, killing
eight, before turning the gun on
himself.
• What caused Thornton to carry out
this horrific act?
• Was he born intrinsically bad?
• Was he a good person that had a
tragic turn of circumstances that
forced him into a criminal act?
26. Ethical Issues and Dilemmas
• Decriminalization of soft
drugs?
• Sex-offender registries?
• Death penalty?
• Mandatory DNA testing?
• Three-strikes
legislation?
• Racial profiling?
• Same-sex marriage?
• Abortion?
• Use drugs?
• Turn in your brother as a
sex offender?
• Vote for the death
penalty as a juror?
• Lie to a friend?
• Turn in your partner for
using excessive force?
• Stop a black driver in an
expensive car?
27. Steps for Clarifying
Ethical Dilemmas
1. Review all the facts.
2. Identify relevant values and concepts of all
parties.
3. Identify all moral issues of each party.
4. Identify most immediate moral issue facing an
individual.
5. Resolve the dilemma by using an ethical system
or other means of decision making.
28. Utah
Highway
Patrol
Officer
Accused of
Racial
Profiling
• Black grandmother and 2 teenagers
stopped for traffic violation
• Driver refused to allow vehicle to be
searched
• Officer called K-9 to conduct “sniff”
• When driver asked why officer thought
they were transporting narcotics, he
pointed to his uniform insignias on his
shoulder and said, “this makes me
think it”
• Was the officer acting ethically?
• Was his response appropriate?
29. Chapter Review
• Discretion permeates every phase of the
criminal justice system
• The study of ethics is critical for criminal
justice professionals
• The terms “morals” and “ethics” both relate to
standards of behavior
• It’s important to be able to identify and resolve
ethical issues and dilemmas
Notas do Editor
Report highlights corrupt members of US Congress
Report compiled by analyzing media reports, Federal Election Commission reports, court documents, and travel disclosure reports
Are legislators held accountable for violations of laws/ethics?
Discuss importance of: professionalism, training, recognizing the consequences of actions, and ethical considerations germane to the criminal justice arena
http://www.crewsmostcorrupt.org/mostcorrupt/entry/most-corrupt-report-2011
It cannot be overemphasized that the ethical demands placed upon public servants are different than those placed on others
Public servants are held to a higher standard
Temptations are many, and, unfortunately, we find examples of double-standards
Give examples of how the terms are used interchangeably
How subjective are ethics and morals?
How does culture/location perhaps affect our worldview in terms of morals/ethics?
Ask class to give examples of other behaviors that are perhaps considered criminal in some venues, yet essentially have nothing to do with public safety?
What is the nexus between same-sex marriage and public safety?
Is this considered fair and equal treatment of constituents?
http://statesthatallowgaymarriage.com/
(Source: States That Allow Same Sex Marriage Website)
Describe how his actions were perceived in his area of responsibility
Describe how his actions were perceived outside his area of responsibility
Why do you think there is such a difference of public opinion?
Discuss culture and location-specific ideals
http://www.dispatch.com/content/stories/local/2009/06/06/Sheriffplea.ART_ART_06-06-09_B4_PDE3JOD.html(Source: Columbus Dispatch)
Discuss various agency/business core values
Discuss various individual core values
If an agency or business doesn’t necessarily list their core values, how would you determine what is important to them?
How do we obtain core values?
http://statepatrol.ohio.gov/about.stm (Source: OSHP website)
Discuss whether the Philadelphia Eagles should have signed him after his conviction
Discuss different views of dog fighting (PETA vs. supporters)
What sanctions, if any should be imposed upon this judge?
http://www.kvrr.com/index.php?option=com_content&task=view&id=15289&Itemid=57 (Source: Fox News Website)
Is racial profiling a problem in the United States?
If so, where has this been demonstrated?
What sanctions have been utilized against agencies as well as individuals?
http://www.sltrib.com/news/ci_11331438 (Source: Salt Lake Tribune Website)