Professional Ethics in Criminal Justice : Being Ethical When No One Is Looking

by Albanese, Jay S.

• ISBN13: 9780205359202
• ISBN10: 0205359205
• Format: Paperback
• Copyright: 2006-01-01
• Publisher: Allyn & Bacon

Summary

A well balanced survey of ethics presented through applications to the criminal justice system. The text introduces the reader to ethical decision making in the first chapter and then moves through each of the three ethical perspectives utilized. The text then moves to the social context where ethics and the law are compared before dealing with the three components of the criminal justice systempolice, courts, and corrections. The penultimate chapter questions whether unethical behavior should have liabilities attached to it, and the final chapter looks to the future development of ethics in everyday life.

Table of Contents

Preface	xiii
Acknowledgments	xvii
About the Author	xix
1 Recognizing Ethical Decisions: Ethics and Critical Thinking	1	(10)
What Are Ethics and What Is Ethical?	2	(1)
To What Types of Things or Beings Should We Limit the Discussion of Ethics?	2	(1)
What Is the Difference between Morals and Ethics?	3	(1)
What Are Values?	3	(1)
Why Is Critical Thinking Fundamental to Ethics?	4	(1)
ETHICS CHECKUP: Too Much Nintendo	5	(1)
Can Morality Be Taught?	5	(1)
What Is Moral Relativism?	6	(1)
How Can We Choose What to Believe and How to Act Ethically?	7	(1)
Critical Thinking Exercises	8	(3)
1.1 Teenagers and Drug Sniffing Dogs	9	(1)
1.2 Sentenced to the Newspaper	9	(1)
1.3 Brewing Up a Storm	10	(1)
2 Virtue Ethics: Seeking the Good	11	(15)
The Roles of Socrates and Plato	12	(1)
Nicomachean Ethics of Aristotle	13	(1)
A Hierarchy of Goods	13	(1)
The Ultimate Good	14	(1)
Stoicism and Hedonism	15	(1)
ETHICS CHECKUP: ATM Trouble	16	(1)
Moral Virtue	16	(1)
Achieving Moral Virtue	17	(2)
The Habit of Moral Virtue	19	(2)
Evaluating Ethical Dilemmas	21	(1)
Critical Thinking Exercises	22	(4)
2.1 A Parole Fugitive at Princeton	23	(1)
2.2 Good Performance, but Forged Transcripts	23	(1)
2.3 Presidential Exit Ethics	23	(3)
3 Formalism: Carrying Out Obligation and Duty	26	(10)
Kantian Ethics	27	(1)
The Categorical Imperative	28	(1)
The Practical Imperative	29	(2)
ETHICS CHECKUP: Punishment for Lying	30	(1)
Lying and Criticisms	31	(1)
Comparing Formalism and Virtue Ethics	31	(2)
Critical Thinking Exercises	33	(3)
3.1 Lying to the Sick and Dying	33	(1)
3.2 Lies of Public Officials	34	(1)
3.3 Is a Good Deed Required?	34	(2)
4 Utilitarianism: Measuring Consequences	36	(11)
John Stuart Mill	37	(1)
Pain, Pleasure, and Happiness	38	(1)
Motivation versus Consequences	39	(1)
ETHICS CHECKUP: Martha Stewart an Example?	40	(1)
Criticisms of Utilitarianism	40	(1)
Summarizing Ethical Theories	41	(2)
Critical Thinking Exercises	43	(4)
4.1 A Flexible Expense Account	43	(1)
4.2 The Bad Samaritan	44	(1)
4.3 The Ring of Gyges	44	(3)
5 Crime and Law: Which Behaviors Ought to Be Crimes?	47	(21)
The Outer Limits of Morality	48	(1)
Choosing What to Criminalize	49	(3)
Violating Law on Moral Grounds	52	(1)
ETHICS CHECKUP: Beeper Ban	52	(1)
The Ethics of Criminals	53	(1)
An Ethical Explanation of Crime	54	(7)
Ethics Laws	61	(2)
Critical Thinking Exercises	63	(5)
5.1 A Boat Ride with Some Close Friends	64	(1)
5.2 It Fell Off a Truck	65	(1)
5.3 Prostitution: Simply a Business?	65	(3)
6 Police: How Should the Law Be Enforced?	68	(24)
The Scope of Police Decisions	69	(1)
Investigation and Surveillance	69	(2)
Curtailing Liberty: Stop and Frisk	71	(3)
Placing in Custody: Arrest and Search	74	(3)
Police Corruption	77	(5)
ETHICS CHECKUP: Dirty Harry	81	(1)
Questioning: Interrogation of Suspects	82	(2)
Lies in Court	84	(1)
Codes of Ethics	85	(2)
Critical Thinking Exercises	87	(5)
6.1 Suicide by Cop	87	(1)
6.2 Abusive Speed Traps	88	(1)
6.3 The Informants among Us	89	(3)
7 Courts: How Ought a Case Be Adjudicated?	92	(16)
Doing Justice	94	(1)
Prosecutor Misconduct	95	(1)
Defense Misconduct	96	(2)
Issues at Trial	98	(2)
ETHICS CHECKUP: Justice versus Mercy	99	(1)
Deciding Cases without Trial	100	(1)
Judicial Decisions	101	(2)
Critical Thinking Exercises	103	(5)
7.1 Butt Charge	104	(1)
7.2 Attorney Confidentiality of a Client's Criminal Plans?	104	(1)
7.3 A Judge's Relations	105	(3)
8 Punishment and Corrections: What Should Be Done with Offenders?	108	(15)
The Ethics of Punishment	109	(1)
The Problems of Sentencing	110	(2)
ETHICS CHECKUP: Punishment by Electric Shock	111	(1)
Corporal Punishment	112	(1)
Innovative Penalties	113	(1)
Capital Punishment	114	(2)
Life Imprisonment More Severe Than Death?	116	(3)
Critical Thinking Exercises	119	(4)
8.1 Ethics of Sniping and Negotiating	119	(1)
8.2 Ethics and Mandatory Minimums	120	(1)
8.3 Lawyer-Assisted Suicide	120	(3)
9 Liability: What Should Be the Consequence of Unethical Conduct?	123	(16)
Civil Remedies for Ethical Misconduct	124	(2)
Individual Misconduct	126	(3)
ETHICS CHECKUP: Employee E-Mail Surveillance	129	(1)
Corporate Misconduct	129	(3)
Government Misconduct	132	(2)
Critical Thinking Exercises	134	(6)
9.1 The Scarlet Driver's License	135	(1)
9.2 Paying for Legislative Results?	135	(1)
9.3 Would You Do It for $1 Million?	136	(3)
10 The Future: Will We Be More or Less Ethical?	139	(11)
Recognizing Ethical Decisions When They Arise	140	(1)
Is the Bar Rising?	141	(2)
Finding Defining Moments in Life	143	(1)
ETHICS CHECKUP: A Bathrobe Bonus	144	(1)
Being Ethical When No One Is Looking	144	(2)
Critical Thinking Exercises	146	(4)
10.1 Both Sides of Genetic Testing	146	(1)
10.2 Transplant or Prosecute?	147	(1)
10.3 A Marriage Proposal	147
Major Criminal Justice Codes of Conduct
Appendix A International Association of Chiefs of Police (IACP) Law Enforcement Code of Ethics	150	(1)
Appendix B Federal Bureau of Investigation (FBI) Core Values	151	(1)
Appendix C Judicial Conference of the United States Code of Conduct	152	(2)
Appendix D American Correctional Association Code of Ethics	154	(2)
Appendix E United Nations Code of Conduct for Law Enforcement Officials	156	(5)
Appendix F International Association of Chiefs of Police (IACP) Ad Hoc Committee on Police Image and Ethics Recommendations	161	(7)
Index	168