Criminal Justice Ethics A Framework for Analysis

by Sloan, III, John J.

• ISBN13: 9780190639136
• ISBN10: 019063913X
• eBook ISBN(s): 9780190639181
• Format: Paperback
• Copyright: 2018-10-15
• Publisher: Oxford University Press
• More Book Details
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Summary

Based on author John Sloan's thirty years of teaching ethics--and on conversations with, and research conducted on--police officers, prosecutors, defense counsel, judges, and corrections professionals, Criminal Justice Ethics: A Framework for Analysis offers students a framework for analyzing ethical issues involving criminal justice practitioners. Sloan provides a unique template that is designed to help students reach conclusions about the ethics of behavior and to develop and apply ethical reasoning skills to both their personal and professional lives.

Author Biography

John J. Sloan III, is Professor Emeritus of Criminal Justice at The University of Alabama at Birmingham. Dr. Sloan is coauthor of Introduction to Victimology (OUP, 2015).

Table of Contents

Each chapter ends with Key Terms, Discussion Questions, Resources, and References.
Acknowledgments
Preface
List of Tables
List of Figures
CHAPTER 1. AN OVERVIEW OF ETHICS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
WHAT IS MORALITY?
DESCRIPTIVE AND NORMATIVE MORALITY
Descriptive Definitions of Morality
Etiquette, Law, and Religion
Normative Definitions of Morality
WHAT IS "ETHICS?"
METAETHICS
Metaphysical Issues
Psychological Issues
Egoism and Altruism
Emotion and Reason
Male Versus Female Morality
NORMATIVE ETHICS
Teleological Ethics
Deontological Ethics
Virtue Ethics
APPLIED ETHICS
Professional Ethics
Codes of Professional Ethics
The Importance of Professional Ethics
THE RELATIONSHIP BETWEEN MORALITY AND ETHICS
MORALITY, ETHICS, AND THE CRIMINAL JUSTICE PRACTITIONER
THE NATURE AND SOURCE OF PRACTITIONER VALUES
Case Study 1.1. Discovering Personal Values
The Occupational Career of the Practitioner
The Moral Career of the Practitioner
VALUES IN ACTION: TWO MODELS OF THE CRIMINAL JUSTICE PROCESS
Crime Control Model
Due Process Model
Summary
Thought Exercise 1.1: Ethical Issues and the Exercise of Discretion in Criminal Justice
CHAPTER 2. SYSTEMS OF ETHICS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
SYSTEMS OF ETHICS
General Distinctions
FOCUSING ON BEHAVIOR: TELEOLOGICAL ETHICS
Ethical Egoism
Critique of Ethical Egoism
Act Utilitarianism
Critique of Act Utilitarianism
Rule Utilitarianism
Critique of Rule Utilitarianism
FOCUSING ON BEHAVIOR: DEONTOLOGICAL ETHICS
Kantian Ethics
The Categorical Imperative
The Hypothetical Imperative
Critique of Kantian Ethics
Religious Ethics: Divine Command Theory (DCT)
The Euthyphro Dilemma
Modified Divine Command Theory
Critique of Divine Command Theory
FOCUSING ON CHARACTER: VIRTUE THEORIES
Virtue Ethics
Arête, Phronesis, and Eudaimonia
The Concept of Virtue
The Temperate and the Continent Person
Critique of Virtue Ethics
Thought Exercise 2.1: Using Force: The Temperate and the Continent Police Officer
Thought Exercise 2.2: Ethical Issues and Privatizing the Police
CHAPTER 3. MORAL DILEMMAS IN CRIMINAL JUSTICE
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
THE MORAL ARENA
MORAL DILEMMAS
The Role of Emotion in Moral Dilemmas
Categories of Moral Dilemmas
Epistemic and Ontological Dilemmas
Self-Imposed and Other-Imposed Dilemmas
Obligation-Based and Prohibition-Based Dilemmas
Moral Dilemmas and Conflicting Obligations
Resolving Dilemmas: Common-Sense Morality?
MORAL DILEMMAS AND CRIMINAL JUSTICE PRACTITIONERS
Moral Dilemmas and the Police
Thought Exercise 3.1. Obligations and Moral Dilemmas Involving Police Officers
Moral Dilemmas and Prosecutors
Thought Exercise 3.2. Moral Obligations and Moral Dilemmas Involving Prosecutors
Moral Dilemmas and Defense Attorneys
Thought Exercise 3.3. Moral Obligations and Moral Dilemmas Involving Criminal Defense Attorneys
Moral Dilemmas and Judges
Moral Dilemmas in Corrections
Thought Exercise 3.4. Moral Obligations and Moral Dilemmas Involving Judicial Elections
Thought Exercise 3.5. Moral Obligations and Moral Dilemmas Involving Probation/Parole Officers
Thought Exercise 3-6. Moral Obligations and Moral Dilemmas Involving Corrections Officers
Summary
Case Study 3.1: Whistleblowing in the Criminal Justice System
CHAPTER 4. MORAL REASONING AND CRIMINAL JUSTICE ETHICS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
MORAL REASONING
What Is Moral Reasoning?
The Process of Moral Reasoning
Recognizing Moral Issues
Attending to Moral Facts
Sorting the Moral Considerations
Reasoning by Analogy
Resolving Conflicts Among Considerations in Moral Reasoning
Learning From Experience and Changing One's Mind
Moral Learning From Moral Reasoning
Overturning Moral Theories
Moral Dumbfoundedness
THE DEVELOPMENT OF MORAL REASONING
Kohlberg's Levels and Stages of Moral Reasoning
Criticisms of Kohlberg's Theory
Methodological Issues
Problems With Kohlberg's Theory
GUIDING PRINCIPLES FOR MORAL REASONING
The Structure of Moral Arguments
Formal Principles of Moral Reasoning
General Rules to Guide Moral Reasoning
Normative Claims
Consistency in Thinking
Specific Rules in Moral Reasoning: Avoiding Errors
Mine-Is-Better Thinking
Double Standards
Unwarranted Assumptions
Oversimplification
Hasty Conclusions
Tu Quoque
Moral Conventionalism
Moral Legalism
Moral Prudentialism
Slippery Slopes
Argument to the People
Red Herrings
Summary
Thought Exercise 4.1: The Ethics of Assembly-Line Justice
CHAPTER 5. A FRAMEWORK FOR ANALYSIS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
A FRAMEWORK FOR ANALYSIS
A TEMPLATE FOR ANALYSIS
Facts
Details
Case Study 5.1: The Rookie and the Restaurant Tab
Ethical Issue
Identifying Moral Ideals
Substantive and Procedural Ideals
Principle of Respect for Persons
Identifying Obligations
Fidelity Obligations
Nonfidelity Obligations
Obligations in the Template
--When Obligations Conflict
--When Ideals and Obligations Conflict
Identifying Consequences
Types of Consequences
The Principle of the Double Effect
Implicit Opposites When Identifying Consequences
The Conclusion
Case Study 5.2: The Hostess and the Police Officer
Summary
Case Study 5.3: The Ethics of Campaign Contributions for Judges
CHAPTER 6. POLICE ETHICS--A CONTEXTUAL OVERVIEW
CHAPTER OUTLINE 1
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
THE FUNCTIONS OF POLICE IN MODERN AMERICA
Prominent Features of American Policing
THE CONTEXT OF POLICE ETHICS
The Individual Context of Police Ethics
Individual Characteristics and Police Ethics
--Rotten Apples Theory
The Organizational Context of Police Ethics
Rotten Barrels Theory
The Community Context of Police Ethics
Rotten Orchards Theory
ETHICAL ISSUES IN THE RECRUITMENT, SELECTION, AND TRAINING OF POLICE OFFICERS
Police Recruitment and Selection
Prehiring Procedures
Police Academy Training
Field Training
Ethical Issues in Field Training
The Police Officer's Occupational Career
ETHICAL ISSUES AND THE CULTURE OF POLICING
Adaptations to the Stresses of Policing
Police Gratuities
Competing Views on Gratuities
The Exchange Nature of Gratuities
The Moral Career of the Police Officer
Case Study 6.1: Police Gratuities
THE ORGANIZATIONAL ENVIRONMENT OF POLICING
Factors Affecting the Organizational Environment of Police Departments
The Presence of Rules
The Police Chief
Supervisors
Department Resources
Recruitment and Selection
Ethics and Integrity Training
Internal Control Mechanisms
Summary
Thought Exercise 6.1: The Ethics of Preemployment Psychological Evaluations (PPEs)
CHAPTER 7. ETHICS AND THE TACTICS OF POLICING
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
MODERN POLICE WORK
A Typology of Police Work
THE USE OF DECEPTION BY POLICE
Deception During Investigation
Police Stings
Legal Limits on Deception During Investigation
Deception During Interrogation
Police Interrogation Techniques
--The Reid technique
--Critique of the Reid technique
Legal Limits on Deception During Interrogation
The Problem of False Confessions
Case Study 7.1: Police Deception and the False Confession: The "Norfolk Four"
The Psychology of False Confessions
Deception in Court Proceedings
Police Perjury
--Contributing Factors to Police Perjury
Thought Exercise 7.1. Police Officer Attitudes Toward the "Blue Wall of Silence"
The Ethics of Police Deception
Alternatives to Police Deception/ Perjury
Moral Justifications for and Against Police Deception/Perjury
Public Attitudes About Police Deception/Perjury
Case Study 7.2: "Operation Heartland"
SURVEILLANCE BY POLICE
Police Agencies and Surveillance
Passive Surveillance and Biased Policing
Profiling and Racial Profiling
The Problems with Profiling
The Ethics of Police Surveillance
Ethical Surveillance
TEACHING AND LEARNING POLICE ETHICS
Justifications for Teaching Police Ethics
To Whom Should Police Ethics Be Taught?
Where Should Police Ethics Be Taught?
What Should Be the Goals?
What Should Be the Content?
Summary
Thought Exercise 7.2: Minority Report and the Ethics of Predictive Policing
CHAPTER 8. ETHICS AND THE COURTS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
THE COURTROOM WORKGROUP
Goals of the Courtroom Workgroup
Workgroup Dynamics
ETHICS AND PROSECUTORS
The Prosecution Function
Standards for the Prosecution Function
The Ethics of Prosecuting People
Narrowness and Cynicism
Discretion
Winning
Prosecutorial Misconduct
Prosecutorial Misconduct Defined
Types of Prosecutorial Misconduct
Prevalence of Prosecutorial Misconduct
Hurdles to Controlling Prosecutorial Misconduct
--Harmless Error Doctrine
--Absolute Immunity for Prosecutors
Case Study 8.1: Prosecutorial Ethics and Pursuit of the Death Penalty
ETHICS AND DEFENSE COUNSEL
The Defense Function: Model Standards
Broad Functions of Defense Counsel
Relationship with Clients
Standards for Defense Counsel During Litigation
Standards for Defense Counsel Post Conviction
Defense Tactics and the Ethical Issues They Raise
"Zealously" Defending Clients
--"Rambo" Litigation
--Returning Civility to Litigation
Case Study 8.2: Defending the Indefensible
ETHICS AND THE JUDICIARY
Functions of the Judiciary
Model Standards for the Judiciary
ABA Model Code of Judicial Conduct
Code of Conduct for Federal Judges
Summary
Thought Exercise 8.1: Regulating the Practice of Law
CHAPTER 9. THE ETHICS OF LEGAL PUNISHMENT
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
THE LEGAL PUNISHMENT OF CRIMINALS
Crime, Legal Punishment, and the State
Defining Legal Punishment
JUSTIFICATIONS FOR LEGAL PUNISHMENT
Consequentialist Justifications for Legal Punishment
Deterrence
Incapacitation
Rehabilitation
Critiques of Consequentialist Justifications for Legal Punishment
Retributivist Justifications for Legal Punishment
Guiding Principles of Retributivism
--Sentencing Guidelines
Critiques of Retributivist Justifications for Legal Punishment
Other Justifications for Legal Punishment
Rights Forfeiture Theory
Critique of Rights Forfeiture Theory
Moral Education Theory
Critique of Moral Education Theory
CAPITAL PUNISHMENT: A SPECIAL CASE
Capital Punishment: An Overview
Legal Aspects of Capital Punishment
Justifications for Capital Punishment
Race and Capital Punishment
Executing Innocents
The Death of Capital Punishment
Summary
Thought Exercise 9.1: Legal Punishment in Scandinavia: A Different Response
CHAPTER 10. ETHICS AND INSTITUTIONAL CORRECTIONS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
INSTITUTIONAL CORRECTIONS AND PUNISHING OFFENDERS
Who's Incarcerated?
The Characteristics of Incarcerated Persons in America
Ethical Issues and Prisons
PRISONS AS PUNISHMENT
Who Should Be Imprisoned?
What Do the Undeserving Deserve?
The Conditions of Confinement
Privatization
Abolition
PRISONS FOR PUNISHMENT
Correctional Staff in this Country
Ethics and Correctional Officers
Correctional Officer Duties
Correctional Officer Skills
The Occupational Culture of Correctional Officers
--Types of Correctional Officers
Correctional Officer Code of Ethics
Ethics and Treatment Staff
Treatment Staff Code of Ethics
Ethical Issues and Correctional Officers
Reciprocity in Prison
Prison Corruption
Classifying Correctional Officer Misconduct
Understanding Correctional Officer Misconduct
--The Lucifer Effect
Responding to Correctional Officer Misconduct
Ethical Issues and Treatment Staff
Respect for the Dignity of Persons
Who's the Client?
Confidentiality
Refusal of Services
Responsible Care
--Competence
Integrity in Relationships
--Multiple Relationships
ETHICAL ISSUES AND JAILS
The Misuse of Jails in America
Summary
Thought Exercise 10.1: The Ethics of Solitary Confinement
CHAPTER 11. ETHICS AND COMMUNITY-BASED CORRECTIONS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
AN OVERVIEW OF COMMUNITY-BASED CORRECTIONS
Probation: Its History and Administration
Parole: Its History and Administration
Intermediate Sanctions: History and Purpose
COMMUNITY CORRECTIONS OFFICERS
Characteristics of Probation/Parole Officers
Probation/Parole Officer Training
Ethical Standards for Probation/Parole Officers
The Occupational Culture of Probation/Parole Officers
Duality in the Role of Probation/Parole Officer
Ethical Implications of Probation/Parole Officer Duality
ETHICAL ISSUES IN COMMUNITY CORRECTIONS
Acceptable Penal Content
Probation/Parole Officer Caseload and Workload
Arming Probation/Parole Officers
Case Study 11.1: The PPO's Dilemma
Offender-Funded Corrections
For-Profit Privatization of Community-Based Corrections
Summary
Thought Exercise 11.1: The Ethics of Electronic Monitoring (EM)
CHAPTER 12. ETHICS AND FORENSIC SCIENCE
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
AN OVERVIEW OF FORENSIC SCIENCE AND ITS PRACTICE
The Disciplines of Forensic Science
Forensic Scientist Hiring and Training
The Occupational Culture of Forensic Practitioners
FORENSIC SCIENCE STANDARDS AND CODES OF ETHICS
Ethical Standards for Crime Laboratories
Practitioner Code of Ethics
ETHICAL ISSUES IN THE PRACTICE OF FORENSIC SCIENCE
Laboratory Analytical Procedures
Insufficient Analysis
Dry-Labbing
Indiscriminate Analysis
Analyzing to Fit the Law
Courtroom Testimony
The Difference Between Science and Law
Closing the Gap
Privatization of Forensic Services
Obligations to Maintain Professional Competence
Keeping Up With a Changing Field
--Proficiency Testing
--Competency Testing
--Certification
Continuing Education
Whistleblowing
Summary
Thought Exercise 12.1: Questioning the Science Behind Forensic Science
CHAPTER 13. ETHICS AND CRIMINAL JUSTICE RESEARCH
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
THE RESEARCH PROCESS: AN OVERVIEW
Human Inquiry and the Role of Science
The Rules of Scientific Inquiry
Social Scientific Research
CODES OF ETHICS AND GUIDING PRINCIPLES IN RESEARCH
The Nuremberg Code
Guiding Principles
The Helsinki Declaration
Guiding Principles
The Belmont Report
Guiding Principles
Impact of the Belmont Report
Case Study 13.1: The Prison Warden's Dilemma
ETHICAL ISSUES IN SOCIAL SCIENCE RESEARCH
Why Care About Research Ethics?
Informed Consent
Accurate Information
Understanding
Voluntariness
Objections Surrounding Informed Consent
Confidentiality
Justifications for Confidentiality
Protecting Confidentiality
Managing Harm
Conceptualizing Harm
Conflicts of Interest
Case Study 13.2: Conflicts of Interest in Criminological Research
Contributing Factors
Researcher Safety
Issues in Researcher Safety
Addressing the Risks of Harm
Integrity and Misconduct
Frequency of Scientific Misconduct
Reasons Scientific Misconduct Occurs
Preventing Scientific Misconduct
Summary
Thought Exercise 13.1: Ethical Issues in the Use of Self-Reports to Study Crime
CHAPTER 14. THE FUTURE AND CRIMINAL JUSTICE ETHICS
CHAPTER OUTLINE
CHAPTER LEARNING OBJECTIVES
INTRODUCTION
A PRESCRIPTION FOR THE FUTURE
The Organizational Context of Criminal Justice Ethics
Modeling Ethics
Case Study 14.1: The Organizational Context of Ethics: The LAPD Rampart Scandal
Proactive Strategies
Hiring Toward the Community
Thought Exercise 14.1: The Advantages of a College Degree for Decision-Making Skills
Evaluate Agency Practices
Summary
Thought Exercise 14.2: The Ethics of Presumed Guilt
Index