Criminal Justice Ethics : Theory and Practice

by Cyndi Banks

• ISBN13: 9781412995450
• ISBN10: 1412995450
• Edition: 3rd
• Format: Paperback
• Copyright: 2012-03-12
• Publisher: SAGE Publications, Inc

Summary

In the Third Edition of Criminal Justice Ethics, author Cyndi Banks once again examines the criminal justice system through an ethical lens identifying ethical issues in practice and in theory, exploring ethical dilemmas, and proposing means through which criminal justice professionals might resolve ethical issues and dilemmas. The text adopts a critical perspective in the sense that the constituent parts of the criminal justice system are scrutinized within a framework where questions are raised about moral and ethical conduct and standards. Readers are drawn into a unique discussion of ethical issues by exploring moral dilemmas faced by professionals in the criminal justice system first, then presented with an examination of the major theoretical foundations of ethics. This distinct organization allows readers to understand real life ethical issues before grappling with philosophical approaches to the resolution of those issues.

Table of Contents

About the Author	p. xi
Preface	p. xii
The Interaction Between Ethics and The Criminal Justice System	p. 1
The Importance of Ethics in Criminal Justice	p. 2
The Meaning of Ethics	p. 2
The Value of Ethics	p. 2
Police Brutality in New Orleans	p. 4
Police Brutality During Katrina	p. 5
Normative Ethics	p. 5
Ethical Relativism	p. 5
Death Row Inmate Set Free	p. 6
Cultural Relativism	p. 6
Ethical Absolutism	p. 7
Ethical Pluralism	p. 8
Religion and Ethical Standards	p. 9
Conduct Is Right Because God Commands It	p. 9
God Commands Right Conduct Because It Is Right	p. 10
Ethics and Natural Law	p. 10
Ethics and Law	p. 10
Ethical Dilemmas	p. 11
Ethical Issues in Criminal Justice	p. 14
Ethical Problems in the Use of Authority	p. 14
Ethical Problems in the Relationship Between Personal and Professional Interests	p. 14
Ethical Problems in Personal and Professional Commitments to Clients	p. 14
Ethical Issues in Criminal Justice and Public Policy	p. 14
Ethical Issues Resulting From Policing Policies	p. 15
Ethical Problems in Information Sharing	p. 15
Ethical Problems Dealing With Human Rights Issues in the Criminal Justice System	p. 15
Ethical Issues in the Media Reporting of Crime	p. 15
Summary	p. 15
Discussion Case	p. 16
Discussion Questions	p. 16
Ethics and the Police	p. 17
Ethics and Policing	p. 17
The Nature of Policing	p. 18
Police as an Institution	p. 19
Police Culture	p. 19
Police Discretion	p. 23
Ethics and Codes of Ethics	p. 24
Police Use of Force	p. 27
Cop Gets 15 Years in Torture Case	p. 31
Blowing the Whistle on Police Violence	p. 32
Dirty Harry/Dirty Hands	p. 33
Police Officer Shown Hitting Man With Baton on Video	p. 34
Police Corruption	p. 35
Conditions Contributing to Police Corruption	p. 38
Combating Corruption	p. 44
Whistle-Blowing	p. 49
Punished for Whistle-Blowing?	p. 49
Discrimination as Corruption	p. 50
"Looking Mexican"	p. 51
Racial Profiling: When Color Signals Dangerousness	p. 52
Ethical Issues in Investigation, Interrogation, and Custody	p. 54
Rights of Suspects	p. 54
Privacy	p. 55
Entrapment	p. 55
Deception	p. 58
Lying	p. 59
Explanations for Police Corruption	p. 61
Summary	p. 63
Discussion Questions	p. 64
Web Resources	p. 64
Racial Discrimination in the Criminal Justice System	p. 65
Ethical Background	p. 65
Historical Context	p. 66
Is There Racial Discrimination in the Criminal Justice System?	p. 67
Police Encounters With Citizens and Police Arrest	p. 69
Bail	p. 70
Jury Selection	p. 71
In Dallas, Dismissal of Buck Jurors Leads to Appeal by Death Row Inmate	p. 72
Conviction and Sentencing	p. 73
Imprisonment Disparities	p. 74
Death Penalty Disparities	p. 76
Hate Crimes	p. 78
Explanations for Racial Discrimination in the Criminal Justice System	p. 81
How Do We Explain the Existence of Racial Discrimination in the Criminal Justice System?	p. 81
Summary	p. 84
Discussion Questions	p. 85
Web Resources	p. 85
Lawyers and Ethics	p. 86
Legal Ethics: Historical Context	p. 86
The Nature of Professional Ethics	p. 87
The Principle of Partisanship	p. 88
The Principle of Neutrality	p. 88
The Lawyer- Client Relationship	p. 89
Confidentiality	p. 90
Client Perjury	p. 91
Client Crime	p. 91
Buried Bodies Case	p. 92
Defense Lawyers	p. 92
The Prosecutor	p. 96
The Duty to Ensure Justice Is Done	p. 96
Prosecutor Misconduct	p. 97
Discretion to Bring Charges	p. 98
Prosecution Disclosure of Evidence to the Defense	p. 99
Plea Bargaining	p. 100
Prosecutorial Misconduct	p. 102
Wrongful Conviction Payment	p. 104
Convict's DNA Sways Labs, Not a Determined Prosecutor	p. 106
Prosecutor Withholds Evidence	p. 106
Release After 14 Years	p. 107
Judicial Ethics	p. 107
Ethical Rules Governing Judges	p. 109
Prosecutor Says Tape Shows Brooklyn Judge Took a Bribe	p. 110
Judge Receives 28-Year Sentence for Taking Bribes	p. 110
Judicial Misfeasance	p. 111
Federal Judges and Financial Interest Conflicts	p. 111
Appearance of Partiality	p. 111
Judicial Bribery	p. 111
Gross Abuse of Power	p. 112
Texas Judge Reprimanded	p. 112
Summary	p. 112
Discussion Questions	p. 113
The Purpose of Criminal Punishment	p. 114
What Is Punishment?	p. 114
Theoretical Approaches to Punishment	p. 115
Why Punish? The Philosophical Approach	p. 116
The Nature of the Punishment: Corporal Punishment	p. 117
Deterrence	p. 117
Retribution	p. 120
Just Deserts	p. 123
Reconciling Utilitarian and Retributive Theories	p. 125
Rehabilitation	p. 125
Incapacitation	p. 127
Restorative Justice	p. 128
Why Punish? The Sociological Approach	p. 130
Summary	p. 133
Discussion Questions	p. 133
Ethics in Corrections	p. 135
The Prison Explosion	p. 135
Maximum Security	p. 140
Women's Incarceration	p. 145
Medium Security	p. 146
Minimum Security	p. 146
Stateville Prison: The Changing State of Corrections	p. 147
Guarding Ethically	p. 150
Male Prison Rape and "Deliberate Indifference"	p. 152
The Experience of Guarding	p. 152
Corruption of Authority	p. 153
Power and Authority in Prison: Controlling the Inmates	p. 154
The Battle for Compliance	p. 156
Evaluating Guards	p. 156
Rewards and Punishments	p. 156
Enforcing Rule Violations	p. 157
Informal Controls	p. 158
Guarding With Discretion	p. 159
The Gray Wall of Silence: Prison Guard Subculture	p. 160
Subculture and Socialization	p. 162
Guard Types	p. 163
Use of Force	p. 164
Sex Offenders and Use of Force	p. 167
The Court's View of Correctional Officer Use of Force	p. 169
Correctional Policy on the Use of Force	p. 170
Prisoner "Power"	p. 170
Unethical Situations	p. 171
Rape in Prison	p. 171
Rape in Prison	p. 172
Transgender Experiences of Prison Rape	p. 173
Guard Forces Transgender Inmate to Have Sex With Him	p. 173
Transgender Prisoners	p. 174
Corruption	p. 175
Jail Guards Charged With Smuggling	p. 177
Fixing a Drink in Prison	p. 177
Ex-S.C. Correctional Officer Sentenced	p. 178
Whistle-Blowing in Corrections 178 Ethical Considerations in Probation and Parole	p. 179
Arming Probation Officers	p. 181
Treatment or Control?	p. 182
Parole	p. 182
Summary	p. 183
Discussion Questions	p. 184
Web Resources	p. 185
The Ethics of Criminal Justice Policy Making	p. 187
The Ethics of Policy Making	p. 187
An Example of Unethical Policy Making?	p. 190
Morality Policy	p. 190
Public Opinion About Punishment	p. 192
Mandatory Minimum Sentencing	p. 195
The War on Drugs	p. 198
Truth in Sentencing	p. 200
Predators and Superpredators	p. 201
Sexual Predators	p. 201
Superpredators	p. 204
Capital Punishment	p. 205
Public Opinion on Capital Punishment	p. 207
Private Prisons	p. 211
Private Prisons-A Good Policy Choice?	p. 215
Disenfranchising Inmates of Their Voting Rights	p. 215
Summary	p. 217
Discussion Questions	p. 218
Web Resources	p. 218
Ethics and the "War on Terrorism"	p. 220
Defining Terrorism	p. 220
Warfare or Crime Control?	p. 222
What Are the Morally Justifiable Constraints and Restrictions That a Government Should Be Permitted to Impose on Its Citizens in a War on Terrorism?	p. 227
What Moral Restrictions Apply to the Conduct of Counter-terrorist Operations?	p. 232
Is Torture Morally Permissible as a Counterterrorist Strategy?	p. 234
The Morality of Targeted Killing	p. 239
Summary	p. 242
Discussion Questions	p. 243
Media Ethics and Criminal Justice	p. 244
Reporting the Truth	p. 246
Avoiding Bias	p. 251
Avoiding Harm	p. 252
Serving the Public	p. 254
Maintaining Trust	p. 255
Manipulation	p. 256
Summary	p. 257
The Application of Ethical Theories to the Criminal Justice System	p. 258
Duty and Principle	p. 263
Hypothetical and Categorical Imperatives	p. 264
The Principle of Universality	p. 264
Respect for All Persons	p. 265
Kingdom of Ends	p. 267
Conflicting Duties	p. 267
Applying Deontological Theory	p. 268
Rough Justice in a Juvenile Institution	p. 268
Summary	p. 271
Discussion Case	p. 272
Discussion Questions	p. 273
Considering the Consequences	p. 274
Pleasure and Happiness	p. 276
Act Consequentialism	p. 276
Rule Consequentialism	p. 277
Public Policy and Utilitarianism	p. 277
Arguments Criticizing Utilitarianism	p. 277
Applying Utilitarian Theory	p. 281
Good Friends Are Hard to Find	p. 281
Summary	p. 285
Discussion Case	p. 285
Discussion Questions	p. 286
The Importance of Character	p. 287
Virtues	p. 288
Aristotle and Happiness	p. 290
The Golden Mean	p. 291
Practical Wisdom	p. 292
What's Wrong With Virtue	p. 292
Applying Virtue Theory	p. 296
Profiling in the Neighborhood	p. 297
Summary	p. 299
Discussion Case	p. 300
Discussion Questions	p. 301
Egoism, Pleasure, and Indifference	p. 302
Stoicism	p. 302
Hedonism	p. 304
Ethical Egoism	p. 305
Psychological Egoism	p. 305
Ethical Egoism	p. 306
Applying the Theory of Ethical Egoism	p. 307
Giving Your Own Punishment	p. 307
Summary	p. 310
Discussion Questions	p. 311
A Sense of Justice	p. 312
Application of the Principles	p. 313
Justice as Fairness	p. 315
Moral Development	p. 315
Applying Rawlsian Theory	p. 316
Summary	p. 318
Discussion Questions	p. 318
Caring for Others	p. 320
Kohlberg and Gilligan	p. 320
A Theory of Moral Development	p. 320
"In a Different Voice": Carol Gilligan	p. 322
Gender and the Ethic of Care	p. 324
An Ethic of Care	p. 324
Developing the Ethic of Care	p. 325
The Ethic of Care and Justice	p. 327
Peacemaking	p. 328
Applying the Ethic of Care	p. 330
Tough Love	p. 330
Summary	p. 333
Discussion Case	p. 334
Discussion Questions	p. 335
References	p. 336
Index	p. 359
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